1/30
AUSA: The defendant called her and gaslit her, trying to convince her it has been consensual. He repeatedly said he was not supposed to be speaking on the phone, he tells the witness not to text him. The defendant said if support, nothing to worry about: money
2/30
AUSA: The defendant wrote, his financial adviser should not make a mistake and not get that rent paid - this was obstruction. We cite US v. Lafontaine, a defendant who fed a false narrative. That's what's going on here.
3/30
AUSA: I'll go over the cases -
Judge Carter: That's not necessary. I'm familiar with those cases.
AUSA: A recent civil suit. Last week Dawn Richard filed a civil suit. She was in a band, also with Ms. Harper. Ms. Harper issued a statement- after 128 phone contacts
4/30
AUSA: We didn't deal with Lawrence Ray's case - Magistrate Judge Fox ordered detention, even on one victim. But the judge found that corroborated by documentary evidence.
Judge: Anything else?
AUSA: A few more things.
Judge: How many?
AUSA: 3 minutes
5/30
AUSA: Traveling to New York does not address danger to the community. I am here seeking detention. But I note that the bail package does not have enough conditions that focus on obstruction. And it couldn't - he's been involving other people.
6/30
AUSA: The defendant should be detained pending trial.
Judge: Defense?
Combs' lawyer Marc Agnifilo: Let me start with Ms. Harper. I was called by her and a lawyer. I said, Do what you want, make a statement or not. I later found out that she did.
7/30
Combs' 2d lawyer Teny Geragos: Ms. Harper felt she was being besmirched. We did speak with her, at 2 am on the 11th.
Judge: After speaking, what would be the reason for Mr. Combs to continue contacting her?
Geragos: She was concerned she was in the media
8/30
Agnifilo: I have brought today the head of Sage Intelligence. We are proposing that Sage Intelligence personnel, all former law enforcement, will be monitoring the residence of Mr. Combs, 24/7. They will have one or two employees there at all times
9/30
Agnifilo: There will be a visitor log, only pre-approved could come in. We could give the list to the court. Mr. Combs will not have a cell phone or access to the internet. That way, no witness intimidation, completely nullified.
10/30
Agnifilo: Having Sage Intelligence on site, we'll do what we have to do, even three there. If don't believe that Mr. Combs' actions in coming to New York are only about risk of flight. It shows he is deeply respectful of the court's authority. He is responsible
11/30
Agnifilo: Mr. Combs knew he was under investigation, and gave us his passport. This is not defense lawyer theater. We took the passports of five of his family members. We have a letter of intend to sell his airplane. We had 3 buyers who didn't work out
12/30
Judge: Can you get to the point?
Agnifilo: It shows he's trustworthy. He's not a defendant who says, Come find me. In Maxwell and Epstein -
Judge: How does that relate to danger and obstruction? If he was aware in April, why was he contacting witnesses?
13/30
Agnfilo: A woman contacted him, said she'd gotten a subpoena. We told him, don't speak to her.
Judge: Talk to me about danger.
Agnifilo: People who are a danger are people who are contemptuous of the court. But Mr. Combs has never been contemptuous of the court.
14/30
Agnifilo: He had a case in New York in 1999, he came to court every time. He shows up on time.
Judge: Under your plan would he will have employees?
Agnifilo: They handle his finances. They are in California.
Judge: Would he be able to leave his residence?
A: No
15/30
Judge: And the security, they could be there in the house?
Agnifilo: Yes. In shifts. We could put cameras filming 24 hours a day. They could do spot checks he doesn't use the internet. We can make it as secure as we need to make it. There are already cameras there
16/30
Judge: That video is troubling. He was 40 something years old
Agnifilo: He realized he has a problem with drug addiction and anger. He went into a rehab program for a period of time. The woman in the video also went into rehab at around the same time
17/30
Agnifilo: They loved each other. The written messages are heartbreaking. The sex and the violence were totally separate, motivated by separate things. They way they chose to be intimate, they would bring a third person on. They chose that
18/30
Judge: What does that have to do with him punching her, throwing a vase at her - what's love got to do with that?
Agnifilo: That was jealousy from infidelity- in both directions, Mr. Combs & this other person. The violence is from that.
Judge: What is your point?
19/30
Judge: And you say, they invited a third person in - if that person is a commercial sex worker, and they travel across state lines, isn't that a problem?
Agifilo: I've spoken with the agency, they say they are not paid for sex, but if they feel like it.
20/30
Agnifilo: The former government of New York, he did this - and he was not prosecuted. They are prosecuting Mr. Combs for it.
Judge: Let's get back to that video and the physical beating. Why isn't that relevant to dangerousness?
Agnifilo: It's not sex trafficking
21/30
Agnifilo: Even if you don't trust him, trust the bond package - $50 million bond, no internet, Sage - that will give the court comfort that he is not a flight risk. Then he can prepare for his trial. We had known this was coming. He could have run in March
22/30
Agnfilo: He was an actual altar boy -
Judge: How far back are you going?
Agnifilo: He watches a sermon every day. He has done a great deal to earn the court's trust. I ask you to release him.
23/30
Judge: I've heard from the parties, I find that the government have proven the defendant is a danger. Regarding the bail package, it is insufficient even on risk of flight.
[Sean Combs will remain detained.]
24/30
Judge: So let's do the initial conference.
AUSA: The discovery will include photographs of physical evidence, from the March searches and from this week, including freak-off supplies. There are a large number of electronic devices.
25/30
AUSA: We have 35 full extractions ready to produce to the defense. We'd request a status conference in approximately 90 days.
Agnfilo: Given that he'll be in the SHU in the MDC, I can't for now consent to any exclusion under the Speedy Trial Act.
26/30
Judge: I can set a trial date if you want. If I can't try it I can find a colleague who can.
Agnifilo: Let me speak with the government...
[He whispers with four AUSAs. Meanwhile Geragos whispering to Sean Combs]
Agnifilo: How about a conference in 14-20 days?
27/30
Judge: What's you position on Speedy Trial?
Agnifilo: I'm not prepared to waive it.
Judge: First, the date. Oct 9 at 2 pm.
AUSA: We move to exclude time under the Speedy Trial Act.
Agnifilo: I can't consent. I'll know on October 9.
Judge: I exclude time to then
28/30
Judge: We received some calls today from people who say they have evidence for this case. We referred them to the US Attorney's Office. What about the Local Rule?
AUSA: We wanted to flag defense counsel's comments about the victim - we are not requesting action
29/30
Agnifilo: It would be better if he's put in Essex County [Correctional Facility] that in the MDC.
AUSA: The designation authority is entirely given to the BOP. I don't know there is anything the court can do to put its thumb on the scale.
30/30
Judge: Get me a joint letter on this by Monday, Sept 23. We are adjourned.
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