Sean 'Diddy' Combs' attorneys seek gag order after 'outrageous' claims from witness
Attorneys for Sean "Diddy" Combs are looking to restrict statements from witnesses in the embattled music mogul's sex trafficking case after recent revelations from a grand jury witness.
In a letter to Judge Arun Subramanian filed Sunday, Combs' legal team – led by attorneys Marc Agnifilo and Teny Geragos – requested an immediate gag order that would "restrain extrajudicial statements by potential witnesses and their counsel" following what they described as a "deluge of improper pretrial publicity that is undermining Mr. Combs' right to a fair trial and the integrity of the grand jury proceedings."
Such publicity includes statements made by an unnamed grand jury witness and his attorney alleging video evidence of Combs' alleged sexual assaults.
"Over the past several days, a grand jury witness and his attorney have given multiple interviews – including outside the courthouse immediately following his apparent grand jury testimony – making false and outrageous claims, including that the witness possesses videos of Mr. Combs involved in the sexual assault of celebrities and minors," the letter reads, according to court documents obtained by USA TODAY.
While Combs has already filed a separate motion to "restrict extrajudicial statements by potential witnesses and their counsel," his attorneys argue a gag order is needed now to curb the "imminent harm of certain extrajudicial statements relating to the ongoing grand jury proceedings."
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"These stories have spread rapidly through the media and created the impression that such videos exist, which is false, and that the government is actually crediting his sensational claims, which is profoundly prejudicial," the letter states. "While the witness and his attorney eagerly spread false and unchecked claims in the media, they have avoided subjecting their claims to verification through the legal process."
The pending motion, which has already been opposed by the prosecution, is expected to receive a response from Combs' legal team by Friday.
Combs is currently in custody at the Special Housing Unit in Brooklyn's Metropolitan Detention Center ahead of his upcoming May 5 trial on charges of racketeering, sex trafficking and transportation to engage in prostitution.
Diddy's attorneys call grand jury witness's claims a 'pathetic extortion scheme'
In their letter to the judge seeking a temporary gag order, Combs' attorneys challenge the grand jury witness's claim of possessing videos that show Combs' alleged sexual abuse.
"This witness – who has never even met Mr. Combs – claims that he received the tapes from an unnamed individual (who was subsequently shot and killed) along with a purported memoir of the deceased mother of Mr. Combs' children that has since been denounced as fake," Combs' attorneys argue.
"Kim's Lost Words: A Journey for Justice, From the Other Side," a book purportedly based on a collection of diary entries by Combs' ex-girlfriend Kim Porter, was removed from Amazon's online store last month. The 60-page book, authored by producer Todd Christopher Guzze under the pseudonym Jamal T. Millwood, was published Sept. 6 and reportedly contained details of Combs' parties, illegal activities and abuse toward Porter.
"By treating these ridiculous claims as anything but a pathetic extortion scheme, the government is fueling the fire of online conspiracy theories and making it impossible for Mr. Combs to have a fair trial," the rapper's lawyers added.
Combs' legal team further alleges that the media attention given to the witness's claims has "occasioned another wave of leaks by law enforcement," including publicized statements from federal law enforcement sources detailing their investigation of Combs' "freak-offs."
"The government has been investigating for nearly a year, and as they are aware, their own allegations about 'Freak Offs' do not relate to 'men' at 'parties' or alleged underaged victims," the letter concludes.
The proposed gag order, which was attached to the attorneys' letter to Judge Subramanian, would prevent all potential witnesses in Combs' case – including their lawyers and representatives – from releasing or authorizing the "release of any non-public information" if there's a "substantial likelihood that such dissemination will interfere with a fair trial or otherwise prejudice the due administration of justice."
Attorneys' new gag order request follows an unsuccessful attempt to impose a similar order on government agencies in Combs' case.
Diddy loses bid for gag order to prevent alleged government leaks
Combs' lawyers asked Judge Subramanian in an Oct. 9 motion to issue an order prohibiting federal employees from disclosing evidence to the news media that they said is "undermining Mr. Combs' right to a fair trial." The defense and U.S. attorneys discussed the issue but were unable to agree on the language for a joint order, instead, they submitted individual proposals.
In an Oct. 25 order reviewed by USA TODAY, the judge declined to adopt either proposed order filed by the prosecution and the defense. Instead, he wrote, both sides are expected to abide by existing laws prohibiting lawyers, investigators and government agents from revealing grand jury proceedings and releasing non-public information that might interfere with a fair trial.
"To be clear, this order isn't based on a finding that there has been any wrongdoing thus far, as the Court has made no findings at this juncture relating to defendant's allegations that information related to the case has been leaked," Subramanian wrote at the time. "The point of this order is to help ensure that nothing happens from now on that would interfere with a fair trial."
The judge added, "The Court will take appropriate action for any violation of the rules."
Contributing: KiMi Robinson, USA TODAY
