we have quite the updates for you in the Shan com story Jay-Z has just been named in a lawsuit as the previously unidentified celebrity who allegedly raped a 13-year-old girl also the ex-wife of an NHL player has been revealed as another com's accuser and the back and forth between prosecutors and com's lawyers continues we are going to break it all down for you right now welcome to sidebar presented by law on crime I'm Jesse Weber I'll be the first to tell you it can be hard to keep track of all the updates that are happening
in the Shawn Diddy comes legal Saga there are a lot of moving parts that's happening really fast especially recently so what we figured we' do is compile a list of some of the major developments that are happening in this story and remember this all comes as Shawn Colmes sits in the Metropolitan Detention Center out in Brooklyn New York after being denied bail a third time as he awaits trial next year on sex trafficking racketeering and prostitution charges the man accused of engaging in a scheme going on for years where he allegedly abused threatened and coerced
women to fulfill his sexual desires and operated a criminal Enterprise engaged in all sorts of illicit activity prosecutors say that includes sex trafficking kidnapping arson Force labor obstruction now our first update is massive this is huge because you remember when there was all this talk about who else could be implicated in these allegations who else will be named when it comes to Shawn colm's alleged m Deeds well it turns out one big name has just come to the surface Jay-Z Shawn Carter that's right the rapper and entrepreneur has just been identified as that unnamed celebrity
in a lawsuit that we covered right here on sidebar a few weeks ago actually he has just been named as a defendant now in that lawsuit you might recall there was this lawsuit that was filed against sha Colmes back in October where an unnamed Jane Doe alleges that back on September 7th 2000 when she was just 13 years old she was taken to a Video Music Awards vma's Afterparty which was 20 minutes away from the event in New York and at this party she claims that she took a drink she started feeling woozy lightheaded she
makes the claim that she may have been drugged and then she tries to find a place to lie down and what she thought was an empty bedroom she said that is when Shan Colmes along with a male and female celebrity entered the room and Colmes allegedly grabbed her and said you are ready to party well now celebrity a who was that unnamed celebrity has been identified as Shawn Carter this is a part of a newly filed amended complaint and it reads comes then threw plff toward a wall causing plff to fall plff got up and
stumbled at which point comes grabbed her again and threw her on the bed at that point Carter began removing plaintiff's clothes as she grew more and more disoriented the complaint says and I won't get into graphic detail but Jay-Z raped this teen and then goes on to say that Diddy allegedly raped her too that they took turns and she claims that she actually fought back hit combes in the neck was able to grab her clothes and run out of the room incredibly disturbing allegations and she is suing both men under the New York motivated gender
violence protection act which is a law that has been used by other accusers against Shan Colmes and it allows for someone to sue against their attacker who commits some sort of violent act upon them it doesn't have to be sexual per se but it has to be motivated by their gender and it allows somebody to sue until February 2025 so even older claim say something from 2000 can be brought forth now actually here's what it says in the complaint the requirement that the crime of violence be committed because of gender or on the basis of
gender and do at least in part to an animus based on the victim's gender is satisfied because defendants Combs and Carter forced minor plaintiff to engage in a sexual interaction without consent Jane Doe could not effectiv consent because of her age the non-consensual sexual touching of a minor herein presented a serious risk of physical injury and in fact caused such injury gender animus inheres when consent is absent hey before we go any further I want to quickly thank our sponsor upside for helping us produce this Sean Colmes episode now upside is great if you don't
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much you could earn you could click the link in the description to download upside or scan the QR code on screen and make sure to use our promo code sidebar and you'll get an extra 25 cents back on every gallon on your first tank of gas and I will also tell you that in this lawsuit it seems to state or alleg that Carter Jay-Z is not only allegedly a player in this incident but that he could be included in other situations because at the very beginning of the complaint it reads cols has been allowed for
years to conduct himself in this manner without any consequences he believes he is above the law he is not his close friend sha Carter has been with Colmes during many such instances described herein both perpetrators must face Justice and the lawsuit also doubles down on how close comes and Carter are because at one point it reads the two are apparently so close that com stated in 2023 that Carter is the only person other than com's mother who is allowed to call him by his legal first name of Shawn now this whole lawsuit is significant for
several reasons first of all this lawsuit was filed by Tony Busby this is that Texas Attorney who claims to represent over a hundred alleged victims of Shawn Colmes and he indicated in the past that he would name names and there was reporting particularly by TMZ that high pro profile people had reached out to him to settle claims so that they wouldn't be listed in lawsuits they wouldn't be named in lawsuits well with that in mind take a listen to what Jay-Z had to say because he released the statement after the filing of this law suit
and it reads in part quote my lawyer received a blackmail attempt called a demand letter from a lawyer named Tony Busby what he had calculated was the nature of these allegations and the public scrutiny would make me want to settle no sir it had the opposite effect it made me want to expose you for the fraud you are in a very public fashion so no I will not give you one red Penny these allegations are so heinous in nature that I implore you to file a criminal complaint not a civil one whomever would commit such
a crime against a minor should be locked away would you not agree these alleged victims would deserve real Justice if that were the case this lawyer who I've done a bit of research on seems to have a pattern of these types of theatrics he goes on to say my only heartbreak is for my family my wife and I will have to sit our children down one of whom is at the age where her friends will surely see the press and ask questions about the nature of these claims and explain the cruelty and greed of people
I mourn yet another loss of Innocence he continues my heart and support goes out to True victims in the world who have to watch how their life story is dressed in costume for profitability by this ambulance Chaser in a cheap suit you have made a terrible error in judgment thinking that all celebrities are the same I'm not from your moral world I'm a young man who made it out of the project of Brooklyn we don't play these types of games we have very strict codes in honor we protect children you seem to exploit people for
personal gain only your network of conspiracy theorists fake physics will believe the idiotic claims you have levied against me that if not for the seriousness surrounding harm to kids would be laughable I look forward to showing you just how different I am now clearly my opinion this was a pre-planned response he had to have known that this lawsuit was coming because again if you take these allegations as true if you're taking what he's saying is true and by the way Busby did indicate that Carter received a letter from him requesting a mediation he knew negotiations
broke down if there were any kind of negotiations and that this lawsuit would be filed so it appears that this response was definitely planned in advance and he's going to fight it he's going to fight it now something interesting to note when Shan Carter says that Tony Busby is an ambulance Chaser that he threw out this demand letter that he was trying to essentially extort him Busby himself has been sued he has been sued by an unnamed high-profile public figure someone apparently connected or friends with Shawn Colmes who alleged that Busby quote shamelessly tried to
extort him by threatening to file a lawsuit against him unless he pays up claims that Busby threatened him with a lawsuit that was filled with entirely fabricated and malicious allegations of sexual assault so again something to think about as we hear about these Tony Busby lawsuits and we think about Jay-Z's response so Jay-Z is not backing down at least from this statement having said that while he is completely innocent you do have to wonder now whether this lawsuit has been filed whether other lawsuits will come down the pike that's what happened with Shawn Colmes but
to be clear about something while this is essentially an alleged crime what's being discussed this is a lawsuit this is a civil case the burden of proof is much lower much tougher to bring criminal charges especially when you're dealing with a claim that's 24 years old but also I should tell you given the time frame this could be beyond the statute of limitations to bring a state criminal charge and I'm not sure based on this fact pattern alone whether a federal crime would trigger but again whatever it is these are allegations either way these are
allegations by the way in response to Jay-Z Tony Busby just posted something on X formerly Twitter that is very interesting and it makes you wonder if whether or not Jay-Z is that unnamed plaintiff because he writes regarding the Jay-Z case and his efforts to silence my clients Mr Carter previously denied being the one who sued me and my firm he filed his frivolous case under a pseudonym what he fails to say in his recent statement is my firm sent his lawyer a demand letter on behalf of an alleged victim and that victim never demanded a
penny from him instead she only sought a confidential mediation since I sent the letter on her behalf Mr Carter has not only sued me but he has tried to bully and harass me and this plaintiff his conduct has had the opposite impact she is emboldened I'm very proud of her resolve as far as the allegations and the complaint filed we will let the filing speak for itself and we litigate the facts in court not the media now we are going to monitor what happens with this Jay-Z situation but as I said that is not the
only update we have to discuss especially in terms of identities being revealed why because we have learned the identity of one of the Jane doees who sued Shawn Colmes this was back in December 2023 this is one of the initial lawsuits I think it was the fifth lawsuit that Shan Colmes had faced and this was after Cassandra ventur had first filed her sexual assault lawsuit against Shan Colmes the month before November of 2023 this set the whole ball rolling on all of the many lawsuits that he now faces from dozens of alleged victims and of
course which also seemingly led to the criminal charges that he now faces but that accuser has been identified now as Anna Kain Anna Kaine is the ex-wife of NHL star of Vander Kan from the Edmonton Oilers and she just filed an amended complaint where she is now named as the plan if and let's remember what she's accusing Shan comes of in her lawsuit originally filed on December 6 2023 she claims that 20 years earlier back in 2003 when she was only 17 years old in the 11th grade she claims she was sex trafficked and gang
raped by Shawn Colmes Harve Pierre this is the president of Bad Boy Entertainment holding bus and an unidentified third as salent and more specifically she alleges that she met Pierre and this third person at a lounge in Detroit Michigan Pierre she says smok crack cocaine and then forced her to perform oral sex on it later on she alleges that he convinced her to accompany him by private jet to New Jersey where they all go to sha com's recording studio and from there she claims she was plied with drugs and alcohol was incredibly inebriated and as
I mentioned was gang raped by all three men and this included while she allegedly said stop and by the way in the complaint there were even photos that were embedded and it was of this woman with a blurred out face now it seems to be that was Cain and she's in this recording studio in fact in one photo she is with Shawn Colmes sitting on his lap now why was she revealed the simple answer the judge overseeing this case forced her to reveal her identity US District Court Judge Jessica GL Clark r that Cain couldn't
proceed with this case anonymously anymore and while understanding that revealing her identity could quote have significant impact on her particularly given the graphic and disturbing allegations in this case Clark also wrote in her order the court cannot rely on generalized uncorroborated claims that disclosure would harm plaintiff to justify her anonymity without more specific support plaintiff fails to overcome the Prejudice to defendants and public interest factors implicated here now we've seen this reasoning in fact we saw this in another Shan com's case where another accuser was ordered to reveal herself the general idea is that while
there are certain circumstances by which an accuser or victim of sexual assault could remain anonymous could file a lawsuit and continue a lawsuit under a pseudonym you need to explain what particular harm would happen if your identity was revealed otherwise it's not fair Colmes has a right to confront his accuser to research that person especially since the accuser has chosen to file the lawsuit that person has put their own credibility into issue Colmes has a right to challenge that and it's different than a criminal case where victims or alleged victims are prosecution witnesses and they
don't necessarily want to testify per se or choose to testify per se this was her case she sued him in other words then if that wasn't the case any sexual assault accuser could sue someone anonymously and is that necessarily Fair now what is significant about this is that com's apparently put the pressure on Cain to reveal herself and of course that could have resulted in Cain dropping the suit right if the accuser doesn't want to tell the world who they are this is very very sensitive details they may just drop the lawsuit if they can't
remain anonymous but she seems to be moving forward nonetheless in fact her attorney Doug wigdor shared a statement from her to TMZ saying IID hop to use a pseudonym in pursuing Justice for what happened to me as a teenager defendants demand that I use my name was an attempt to intimidate me but I am not intimidated I am prepared to proceed and hold accountable those who have harmed me and by the way talking about Cain having to reveal herself you have to wonder if in the other lawsuits where there are other Jane Do's including the
one now against Jay-Z if that plff is forced to reveal her identity will she continue that lawsuit against Jay-Z and Shan Colmes we'll see by the way I should tell you when it comes to these sexual assault allegations Colmes has adamantly denied having any or partaking in anything like this in fact when it came to Kane's suit back when it was filed in December Colmes had already been hit by the way with multiple lawsuits at the time he released the following statement enough is enough for the last couple of weeks I have sat silently and
watched people try to assassinate my character destroy my reputation and my legacy sickening allegations have been made Against Me by individuals looking for a quick payday let me be absolutely clear I did not do any of the awful things being alleged I will fight for my name my family and for the truth and Pierre also released a statement adamantly denying the accusation saying this is a tale of fiction I have never participated in witnessed nor heard of anything like this ever these disgusting allegations are false and a desperate attempt for financial gain I will vigorously
protect my reputation and defend my name those who know me recognize that these claims are not true by the way before we move on one more update with respect to miss Kane's lawsuit the claims against the corporate defendants in this lawsuit like Bad Boy Entertainment Holdings and Daddy's house recordings they were dismissed now I'm not going to bog you down with the legal reasoning behind it just to say that a change in the law that was being used to hold the companies liable for what Colmes allegedly did couldn't be retroactively applied so that's a loss
for Cain because in lawsuits the corporate defendants they're the ones that have the Deep Pockets right they have the significant money although we're talking about Sean comes here but otherwise her law supersedes and there will be a hearing on January 9th 2025 so we'll see what happens next but now moving on to more updates more back and forth between prosecutors in com's criminal case and his lawyers something we have to talk about and one issue involves a suppression hearing meaning a hearing where com's defense Council will try to have evidence not allowed into his criminal
trial now in a December 4th filing with the court the defense brings up once again that issue that we had talked about before on sidebar where these writings these papers from Shan colm's detention unit at the MDC were photographed by a Bureau of Prisons invest investigator during a sweep for Contraband at the facility Holmes lawyers had argued that potentially attorney client and work product privilege materials were photographed and they were shared with the prosecution and that this is a big no no and they also alleged that the government was improperly monitoring Shan col's jail calls
with families and his attorneys and also by the way you remember that judge Arun sub Romanian denied colm's bail for allegedly violating the Bop Rules by engaging in three-way phone call calls and using other inmates phone access codes prosecutors had alleged that he did this to try to improperly reach out to Witnesses and taint a future jury pool but subber Manan denied Shan col's bail but anyway Shan col's lawyers write in this December 4th filing they write the government exploited Mr com's detention by engaging in unfair and unconstitutional tactics that have interfered with his ability
to work with his attorneys and make it impossible for his attorneys to provide effective assistance of counsel they write this disturbing conduct is a blatant violation of Mr com's rights prosecutors say the search was motivated by security concerns at MDC but that is a false pretext the purported purpose of the Bop sweep was to search for Contraband but since when is prison contraband photographed and left in place if it were Contraband it would have been seized that is not what investigator one did here leading to the inescapable conclusion that this was an intentional targeted and
illegal search to discover any information that could give the prosecutors a leg up against Mr combes including his handwritten privilege notes a road mapap to his defense so they're basically saying this sweep didn't have anything to do with just you know a pre-planned look at all Contraband this was specifically targeted at Sean Colmes that's what the argument seems to be and they continue the prosecutors knowingly intentionally and secretly took possession of the notes and then used them against Mr Colmes they took the notes without following the agreed upon filter team procedure that is supposed to
ensure that the case team is not tainted by access to privilege information by the way a filter team is this independent examiners who look through material and take out anything that might be privileged anyway they continue they then appended clearly privileged portions of the notes to their bail opposition to support continued detention this was when prosecutors said that these writings in his cell showed Colmes was improperly reaching out to a witness in the case they Ed this as evidence to oppose his bail and the defense writes it is impossible to know what else the government
has done with these notes indeed the prosecution has refused to disclaim using the notes to further its investigation going forward they go on this entire sequence of events even based on the facts known to date is shocking and outrageous government conduct the government has intentionally violated Mr com's attorney client privilege and Sixth Amendment right to council by invading the defense camp and unjustifiably interfere with relationship with Council and ability to defend Mr Colmes cannot possibly receive a fair trial if he is not permitted to confer privately and confidentially with his Council and others working at
the direction and to take and keep notes of his trial preparation the search also violated the Fourth Amendment and Mr com's Fifth Amendment due process rights so now they're asking the court to step in and they write we request Discovery and a hearing to determine the extent of the violations to establish procedures to minimize Prejudice going forward and to ensure that Mr Colmes receives a fair trial the court should also order other necessary relief including but not limited to suppression of the notes and any fruits of the illegal search meaning it can't be used at
trial directing that a special Master conduct privilege review in lie of the filter team going forward disqualification of any and all prosecutors tainted by access to the privileged materials wow that's a big one just telling the prosecution team they can't be part of the case and ordering the government to stop monitoring Mr com's Communications with the defense team and depending on the evidence seduced at the hearing dismissal of the indictment meaning their conduct was so bad this indictment should be thrown out this whole criminal case should be thrown out now I should tell you that
judge subber has already heard some of these arguments in a prior hearing and actually he instructed the prosecutors to destroy the copies of Shan's notes they had in their possession I will say though it wasn't like it was all pro defense he wasn't too happy with the defense either because he said that they weren't entirely accurate with him about what was and wasn't labeled legal in sha col's unit now that is not the only recent back and forth between prosecutors and the ense another update revolves around com's use of a laptop you see given the
sheer amount of evidence and material in this case for Sean com's to review and by the way he has a constitutional right to prepare for his defense prosecutors arranged for a laptop to be provided to him at the MDC however there were certain parameters that prosecutors put forward in terms of where he could view the materials and when he could view them for instance they said he couldn't view the materials in his own unit while in the presence of other inmates because they say there is sealed information on that laptop and that includes the names
of alleged victims and Witnesses this is a security and privacy risk so the prosecutors offered that he'll only be provided with the laptop and the unit's video teleconference room during select times when legal staff is available when that room is not otherwise being used during other inmates legal calls or he'll only be provided with the laptop and the legal visiting room between the hours of 8:00 a.m. and 3:30 p.m. but not both he can't have both uh options now Sean col's lawyers objected to this they said that he is being selectively treated unfairly from other
inmates that given these limited amounts of times he's going to have to choose between either reviewing the laptop and visiting with his attorneys they say this situation is untenable and that there's not this security risk that prosecutors claim because there's no reason to believe sha Colmes would share these sensitive materials with other inmates and also there was this hole back and forth about whether Colmes could use the laptop to take notes too defense says he has a right to take legal notes on the laptop prosecutors say no that goes beyond what's allowed with the laptop
and the defense also argued that the MDC needs to stop sending attorney visitation forms to prosecutors meaning letting them know when his lawyers are visiting him and they say that violates attorney client privilege prosecutors countered they said no it doesn't the fact that he met with his attorneys that's not privileged information and by the way we have a right to know considering Shawn Colmes is the one who really made it an issue of how often he meets with his lawyers while at the MDC a little bit of a back and forth there between prosecutors and
defense Council but I have one more update I got to talk to you about regarding the MDC you see according to reporting from Fox News we may know what Shan Colmes will be doing during Christmas the first Christmas that he has spent Behind Bars apparently during the holiday he and other inmates can take part in a three Onre basketball tournament play cards play dominoes play soccer also on the dinner menu for Christmas day there is reportedly a Cornish hen macaroni and cheese cranberry sauce dinner rolls a holiday dessert just in case you wanted to know
what Sean combes may be up to Behind Bars quite the Fall From Grace for the once renowned music star but look as I've said before and I'll say it again he is innocent until proven guilty okay he has not even been found liable in any of these sexual assault lawsuits as of yet have to be clear about that so we will see where this case goes and we will see how this story proceeds all right everybody that's all we have for you right now here on sidebar thank you so much for joining us and as
always please subscribe on Apple podcast Spotify YouTube wherever you get your podcasts I'm Jesse Weber speak to you next time [Music]
