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Lawyers for Sean “Diddy” Combs have accused federal authorities of leaking the video of Combs’ physical assault against his former girlfriend Cassie Ventura, thereby depriving Combs of a fair jury trial.
In the legal filing submitted Wednesday, Combs’ lawyers said agents from the U.S. Department of Homeland Security (DHS) facilitated a “series of unlawful government leaks,” with the assault video being the “most egregious example.”
The memorandum was filed in relation to Combs’ federal charges of racketeering, sex trafficking and transportation to engage in prostitution. He has pleaded not guilty.
In May, CNN obtained security camera footage of Combs beating Ventura in a hallway of a Los Angeles hotel in 2016. Though the hip-hop mogul at first denied ever assaulting Ventura, he publicly apologized after the release of the video and said he was “truly sorry” for his “inexcusable” actions.
CNN did not specify the source of the footage.
Combs and Ventura later settled her lawsuit against him, alleging she endured years of sexual, physical and emotional abuse at his hands. The new legal filing states Ventura received “a substantial eight-figure settlement.”
Lawyers for the musician, Marc Agnifilo and Teny Geragos, said the alleged DHS leak “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.”
Combs’ legal team said they may ask for the video to be entirely barred from his trial. If it was leaked by a federal agent, it is a violation of grand jury secrecy, they wrote.
Agnifilo and Geragos did not provide specific evidence that DHS officials leaked the tape.
The lawyers did note, however, when they told the government they would file a motion alleging authorities leaked the video, prosecutors said CNN did not obtain the footage “through grand jury process.”
Prosecutors added DHS “did not have possession of the videotape prior to CNN’s publication of it.”
Ventura is not specifically named in the latest filing. Combs’ lawyers said they do not believe Ventura provided the video to CNN.
Agnifilo and Geragos additionally accused DHS of leaking “a steady stream of false and prejudicial statements” to various media outlets, including the New York Post.
The anonymous comments to the press, of which there are many cited in the memorandum, are “false, damaging and prejudicial,” according to the filing.
Combs’ lawyers argued throughout their investigation that DHS has attempted to “savage” Combs’ reputation ahead of his trial. The “particularly brutal and public search” of Combs’ Los Angeles and Miami mansions is a source of contention for his lawyers. During the raid by U.S. federal agents, Combs’ two sons were handcuffed in front of awaiting members of the press.
“After perp-walking these two completely innocent young men and displaying them in handcuffs and under restraint to the media, the agents walked them back into the house, still in handcuffs, and released them,” the filing reads.
Ahead of the March 25, 2024, searches, Combs’ lawyers said they twice offered to cooperate with the investigation.
His legal team called the raids “public spectacles of brutality” made to portray Combs as dangerous and optimize media exposure through the presence of 100 armed federal agents split between the two residences.
DHS has yet to respond to the new allegations.
Combs’ lawyers specified they do not believe the alleged leaks were orchestrated by the U.S. Attorney’s Office. They have requested an evidentiary hearing, as well as relevant discovery from the government, to investigate any misconduct. Combs’ lawyers asked the judge for a gag order.
Combs was once one of the most powerful and influential men in the entertainment industry.
A federal indictment unsealed Sept. 17 revealed Diddy was charged with racketeering, sex trafficking and transportation to engage in prostitution. The charges are tied to so-called “freak offs,” coerced sex acts that Diddy allegedly orchestrated and recorded. The “freak offs” often involved narcotic drugs including ketamine, ecstasy and GHB to keep victims “obedient and compliant,” officials allege.
Earlier this month, Texas-based lawyer Tony Buzbee said he’s representing 120 accusers who have shared dozens of new claims against the musician, including rape and sexual assault dating back to 1991. Among the accusers are women, men and minors.
Combs has denied all new allegations against him and maintains his innocence.
He has been denied bail twice and remains behind bars.
Combs is scheduled to stand trial on May 5.
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If you or someone you know is experiencing abuse or is involved in an abusive situation, please visit the Canadian Resource Centre for Victims of Crime for help. They are also reachable toll-free at 1-877-232-2610.