The infamous 2016 surveillance video showing Sean “Diddy” Combs assaulting his former girlfriend wasn’t illegally leaked to the media by prosecutors, government attorneys argue in a new filing that accuses the rapper’s lawyers of trying to “suppress a damning piece of evidence.”
In a motion filed late Wednesday, federal prosecutors responded to leaking accusations made by Combs’ lawyers earlier this month. They say it was impossible that they had leaked the video of Combs striking Cassie Venture to CNN because they didn’t even have it at the time it was published in May.
The government says Diddy’s attorneys know that, but that they’re using the leak accusations as a way to prevent jurors from seeing Combs “brutally physically assaulting a victim” — a crucial piece of evidence.
“Without any factual basis, the leak motion seeks to suppress highly probative evidence … by claiming that it was grand jury material leaked by government agents,” prosecutors write. “But, as the defendant is fully aware, the video was not in the Government’s possession at the time of CNN’s publication and the Government has never, at any point, obtained the video through grand jury process.”
Combs, also known as Puff Daddy and P. Diddy, was once one of the most powerful men in the music industry. But last month, he was indicted by federal prosecutors on charges of racketeering and sex trafficking over what the government says was a sprawling criminal operation aimed at satisfying his need for “sexual gratification.” If convicted on all the charges, he faces potential life prison sentence.
Wednesday’s new filing came three weeks after Combs’ attorneys demanded an investigation into the alleged leaks, claiming they had “led to damaging, highly prejudicial pre-trial publicity that can only taint the jury pool and deprive Mr. Combs of his right to a fair trial.”
Diddy’s attorneys pointed specifically to the Cassie video, which showed Combs striking his then-girlfriend in the hallway of a Los Angeles hotel in 2016 and made headlines when CNN released it in May.
“The videotape was leaked to CNN for one reason alone: to mortally wound the reputation and the prospect of Sean Combs successfully defending himself against these allegations,” Agnifilo wrote. “Rather than using the videotape as trial evidence, alongside other evidence that gives it context and meaning, the agents misused it in the most prejudicial and damaging way possible.”
Wednesday’s filing from prosecutors also addressed Diddy’s recent demand that the government reveal the names of his alleged sexual abuse victims. In a motion earlier this month, his lawyers arguing he cannot fairly defend himself without knowing their identities.
In the response, the government argued that such disclosures “poses serious risks” to the safety of the victims, citing Diddy’s “significant history of violence and obstruction” that resulted in him being denied release on bail last month.
“Due to the defendant’s history, the Government has serious concerns about victim safety and the possibly of witness tampering if a list of victim names were provided to the defendant,” prosecutors wrote.
