(NewsNation) — Sean “Diddy” Combs’ attorneys have accused prosecutors of engaging in “outrageous government conduct” alleging that they seized notes and other “privileged attorney-client” material from the music mogul’s jail cell and are using it to keep him locked up.
In a letter requesting an immediate hearing, his lawyers alleged Monday that prosecutors gathered “privileged material, including the defendant’s own written notes” during a raid on Combs’ cell at the Metropolitan Detention Center in Brooklyn.
They said those materials were cited in papers the government filed in Manhattan federal court on Friday in a bid to keep the music mogul locked up before his May 5 trial.
“This search and seizure are in violation of Mr. Combs’ Fourth, Fifth and Sixth Amendment rights,” the lawyers told Judge Arun Subramanian.
“The targeted seizure of a pre-trial detainee’s work product and privileged materials – created in preparation for trial – is outrageous government conduct amounting to a substantive due process violation,” they added.
They demanded prosecutors answer who authorized the search of Combs’ cell, where personal effects and paperwork were seized.
Subramanian gave prosecutors until 5 p.m. ET Monday to respond to Comb’s lawyers and set a hearing on the matter for Tuesday afternoon.
Combs has been held in pre-trial detention while awaiting his trial since September.
He has pleaded not guilty to charges that he “led a racketeering conspiracy that engaged in sex trafficking, forced labor, kidnapping, arson, bribery, and obstruction of justice, among other crimes. “
Combs is currently seeking to be placed on house arrest through a $50 million bail package.
On Friday, prosecutors said Combs has been trying to dodge scrutiny of his jailhouse communications while orchestrating social media campaigns aimed at tainting the jury pool and trying to publicly leak materials he views are helpful to his case. They said he also has contacted witnesses through third parties.
Combs allegedly speaks to women through ‘peepholes’ in jail
Combs has been moved to a low-security dorm of the Metropolitan Detention Center in Brooklyn where he can peep down into the women’s unit, sources tell NewsNation.
Gene Borrello, a former mob enforcer who spent time in the unit, joined “Banfield” Monday night to explain.
“You can lay down, and the females are right below you,” Borrello said on “Banfield.” “You can yell at them, and they yell back. You can kind of see them. You have to watch out for the guards, obviously.”
The Associated Press contributed to this story.
