Bail

Subterms

    Latest story

    138 Shares129 Views

    Sean ‘Diddy’ Combs’s Lawyers Argue Seizure of Jail Notes Was Unjust

    by

    Lawyers for the music mogul objected at a hearing to prosecutors viewing handwritten materials from their client’s cell after a sweep of the Brooklyn jail where he is being held.Sean Combs appeared in a Manhattan courtroom on Tuesday as his lawyers objected to the prosecution’s use of handwritten notes found inside the music mogul’s jail cell, arguing that his rights had been violated when they were turned over to prosecutors.The dispute stemmed from a recent sweep of the Metropolitan Detention Center in Brooklyn, where Mr. Combs has been held since September. Prosecutors cited the notes, which they contend exposed prohibited behavior, in a court filing last week in which they argued Mr. Combs should remain incarcerated until his trial, which is scheduled for May.The text of Mr. Combs’s notes was redacted from the public record. But prosecutors said it showed that he was trying to obstruct their case, by suggesting that he had paid a potential witness to post a statement on social media expressing support for him. Another note, the government said, related to him directing someone to find “dirt” on two alleged victims.Mr. Combs’s lawyers quickly lodged an objection to the prosecution’s possession of the notes, arguing that it was a violation of attorney-client privilege.“This has been a complete institutional failure,” Marc Agnifilo, Mr. Combs’s lead lawyer, said at the hearing.The prosecution has defended its handling of the notes, writing in court papers that the sweep was preplanned and not engineered to target Mr. Combs. The government further said that any recovered material was reviewed by a “filter team” within the U.S. attorney’s office tasked with excluding any privileged materials from prosecutors handling the case.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    More stories

    • 150 Shares189 Views

      in Music

      Seeking Release on Bail, Sean ‘Diddy’ Combs Downplays Risk of Witness Tampering

      by

      In an appeal, lawyers for Mr. Combs wrote that a judge’s decision to withhold bail was not based on evidence that he had sought to interfere with the sex trafficking investigation.Sean Combs, the embattled music mogul fighting racketeering and sex trafficking charges, filed an appeal on Tuesday of a judge’s decision to deny him bail, arguing that concerns he would intimidate witnesses if released from jail were unfounded.Mr. Combs has been incarcerated at the Metropolitan Detention Center in Brooklyn for three weeks, since the federal case against him was revealed to the public. Judge Andrew L. Carter of Federal District Court in Manhattan ordered that Mr. Combs be detained ahead of his trial, ruling that he posed a danger of witness tampering and a safety risk to others.In their appeal to the U.S. Court of Appeals for the Second Circuit, lawyers for Mr. Combs, who has pleaded not guilty to the charges, wrote that the government’s argument that their client posed a risk of obstructing justice was based on speculation, not evidence that he had sought to interfere with the criminal investigation into his conduct.The lawyers, Alexandra A.E. Shapiro and Jason A. Driscoll, argued in the court filing that Mr. Combs’s decision to travel to New York to face the charges, coupled with an intricate proposal for monitoring outside the government’s custody, helped support his release from jail ahead of his trial.“Mr. Combs is presumed innocent,” they wrote in the filing. “He traveled to New York to surrender because he knew he was going to be indicted. He took extraordinary steps to demonstrate that he intended to face and contest the charges, not flee. He presented a bail package that would plainly stop him from posing a danger to anyone or contacting any witnesses.”Prosecutors have accused Mr. Combs of running a “criminal enterprise” that helped him carry out a decades-long pattern of physical and sexual violence, alleging that he coerced women into “highly orchestrated” sexual encounters with prostitutes through the use of drugs, physical and emotional abuse, and financial pressure.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

    • 150 Shares189 Views

      in Music

      Sean Combs Will Try Another Appeal of Judge’s Decision to Deny Bail

      by

      Mr. Combs is in a Brooklyn jail awaiting trial on federal charges of sex trafficking and racketeering conspiracy.The music mogul Sean Combs has given notice that he will file a second appeal of a judge’s order that denied him bail and sent him to a Brooklyn jail while he awaits trial on charges of sex trafficking and racketeering conspiracy.In a brief form filed with federal court in Manhattan, lawyers for Mr. Combs indicated that they would be appealing to the U.S. Court of Appeals for the Second Circuit. Judge Andrew L. Carter Jr. had denied Mr. Combs’s first appeal of a federal judge’s order that he be held in the detention facility until trial.Attorneys for Mr. Combs did not immediately respond to a request for further information about his appeal.As recently as last week, Mr. Combs’s lawyers had informed Judge Carter that they did not, at that point, intend to ask for Mr. Combs to be moved from the Metropolitan Detention Center, a federal facility in Brooklyn.The M.D.C., as that facility is known, has been harshly criticized by lawyers and advocates for what they say are poor conditions and chronic understaffing. But in a statement last week, Marc Agnifilo, a lawyer for Mr. Combs, spoke positively about the facility, saying the “dedicated professionals at the M.D.C. are doing everything possible to help him and his lawyers prepare his defense, and I personally thank them.”“I can’t say enough good things about the M.D.C.,” Mr. Agnifilo added, “which has been responsive to our and his needs.”In arguing for Mr. Combs’s release on bail, his lawyers have suggested a variety of measures to ensure he would not flee before trial, including offering to post a $50 million bond as security if he were released. They have emphasized that their client has been cooperating with the prosecutors’ investigation for months, and that he had taken steps to fund the bond offer. Under an unusual proposal, which a federal judge rejected, Mr. Combs would have agreed to remain at his mansion in Florida, monitored around the clock by a private security force.But prosecutors have fought to keep Mr. Combs behind bars, citing concerns that he will tamper with witnesses if given the opportunity and that he is prone to violence. Judges have so far sided with the government, leaving him in the same unit of M.D.C. as Sam Bankman-Fried, the crypto mogul convicted of fraud. More

    • 125 Shares189 Views

      in Music

      Man Charged With Tupac Shakur’s Murder Loses Bid for Release

      by

      A judge declined to release Duane Keith Davis, whose trial is scheduled for March, after a dispute over the source of the bail funds.A judge in Nevada declined on Tuesday to release a man who was charged with the murder of the rapper Tupac Shakur after expressing concern that the money provided to bail him out from jail could be connected to a possible deal to tell his story in a TV series.The man, Duane Keith Davis, known as Keffe D, has said for years that he was a critical player in the gang-orchestrated shooting of the rapper, drawing scrutiny from prosecutors nearly three decades after the killing. A grand jury indicted Mr. Davis on one count of murder with use of a deadly weapon last year.Mr. Davis has pleaded not guilty, and his lawyer has said that those admissions of responsibility — which he made in a memoir and in videotaped interviews — were “for entertainment purposes” under the belief that he had been granted immunity from prosecution.Judge Carli Kierny of the Eighth Judicial District Court in Nevada declined to release Mr. Davis after a dispute over the source of the funds that would have been used for bail.Prosecutors had opposed his release, pointing to an interview on YouTube in which the man who posted the bail bond premium of about $112,000 said he would help out only if Mr. Davis agreed to do a TV series with him.“This is him getting paid from his retelling of his criminal past,” Binu Palal, one of the prosecutors overseeing the case, said at a court hearing in June.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More