9 New P. Diddy Developments as Sex Trafficking Case Progresses

It's official Shawn Diddy comes has been denied bail once again welcome to sidebar presented by law crime I'm Jesse Weber okay so we have some breaking news for you on this emergency sidebar Shawn Diddy Colmes will not be reunited with his family in time for Thanksgiving no the embattled rapper and music mogul who's been sitting in the Metropolitan Detention Center on federal sex crimes charges since he was arrested in September he will be sitting there now what seems to be indefinitely why because he has just been denied bail by judge Arun sub Romanian this is

the current judge overseeing this case this judge had not decided this issue yet he held a hearing on this last week where both sides presented evidence and arguments back and forth for why Shawn comes should or should not be granted bail and we just got this decision so I'm going to go Through this order by judge subber Manan right now it was released right on Thanksgiving Eve right at the end of the day on Wednesday it reads the court has evaluated each of the factors that it must consider under the relevant law one nature in

circumstances of the offense charged two weight of the evidence against the person three history and characteristics of the person and for nature and seriousness of the danger that would be posed by the person's Release and it also says that the court has also reviewed the information submitted by comes and the government across all three bail hearings in this case as you remember Sean Colmes was denied bail both by a Magistrate Judge and a district court judge judge submania writes the court finds that the government has shown by clear and convincing evidence so that's the standard

that no condition or combination of conditions will Reasonably assure the safety of the community in support of this finding the court provides the following reasons now first judge subramanian goes through the allegations in the indictment to show how serious this is and it reads the indictment charges Combs with serious and violent crimes and by the way we remember he's charged with racketeering conspiracy sex trafficking and transportation to engage in prostitution sub Romanian writes it alleges that for Decades Combs abused threatened and coerced women and others around him to fulfill his sexual desires protect his reputation

and conceal his conduct to do so Colmes relied on the employees resources and influence of the multifaceted business Empire that he led and controlled creating a criminal Enterprise whose members and Associates engaged in and attempted to engage in among other crimes sex trafficking forc labor kidnapping arson bribery and Obstruction of justice and it goes on further to talk about more of the allegations judge subber Manan writes the government has presented direct evidence of com's violence and what he cites is the 2016 videotape where Shawn comes is purportedly beating his ex-girlfriend Cassandra Ventura in a hotel

hallway this was published by CNN several months ago this has been a big piece of evidence in this case we've talked about it extensively and remember Cassandra Ventura is the one who initially filed that lawsuit against Shawn comes back in November of 2023 got the ball rolling with all the other lawsuits and also all the criminal charges but he not only cites the 2016 video to show his propensity for violence but text messages between comes and victim one now we believe victim one to be Cassandra venturo but it reads text messages from the hours and

days following the 2016 Intercontinental Hotel incident say I have a black eye and a fat lip you are sick for thinking it's okay to do what you've done I still have crazy bruising from there judge subber Manan also says there is evidence supporting a serious risk of witness tampering for example Colmes initiated and had unexplained Communications with witness one who was subpoena to testify before the grand jury in June 2024 and in fact testified on July 25th 2024 coms was represented by Council during this Time and they have offered an explanation for some of these

communications but they could not explain them all for instance com's efforts to call and text witness one even after his grand jury testimony or colm's deleted text with this witness that's bad right the idea of reaching out to a witness maybe before you knew there were a grand jury witness that could be a problem but really after their grand jury testimony that's a Problem from there judge subber manian says there is evidence that comes violated Bureau of Prisons regulations during his pre-trial detention to obscure his Communications with third parties we talked about this a lot

how Shan comes was using other inmates pack numbers to make calls was using a private messaging service to reach out to people was also engaging in three-way phone calls the allegation was he was not only breaking the rules but he was Also doing it to reach out to potential Witnesses in the case maybe to try to influence potential jurors through a social media campaign now this is interesting because judge submania writes the court makes no determination that the content of Communications through these channels was improper that's interesting and this is something that he talked about

in the hearing about is it really bad he's posting things or having people post things for Him on social media so he's saying I'm not really going to focus on the content of the communications but and this is something that we talked about in a prior sidebar it was just the flouting of the rules that was the problem he writes however his willingness to skirt Bop rules in a way that would make it more difficult for his Communications to be monitored is strong evidence that the court cannot be reasonably assured as to the sufficiency of

any conditions of Release especially given that they occurred when Colmes was seeking bail and when he knew the government's concerns about witness tampering and obstruction were front and center yeah really bad that he's doing this when he's already accused of obstruction and he's under the government's eye but and this is also interesting you know another reason why the court was skeptical about Shawn comes being released and you know judge submania at Least kind of entertained what would bail look like what would pre-trial release look like he went on a back and forth and we'll talk

about this in a minute where Shan colm's attorneys had said he has an apartment in New York there will be private security well here's what the court says the court doubts the sufficiency of any conditions that place trust in Combs and individuals in his employee like a private security detail to follow those Conditions so wow so really seems swayed by the prosecution's argument that his private security team could probably be susceptible to manipulation now this part is fascinating there was a back and forth at the beginning of the hearing and we're going to get into

it in a little bit where judge subber Manan was asking Shawn com's lawyers about a discrepancy you might recall that there were materials that were photographed from Shan com's jail cell and the Allegation was by the defense was that this was a violation of his privilege that there were materials that were photographed that were subject to attorney client and work product privilege and the defense had said that there was a number of legal pads that said legal on top of them and there was a discrepancy with the judge brought it up about whether these pads

actually said legal he writes the court further notes that had held an emergency hearing To address the government's usage of notes on legal pads recovered from com's bunk at that hearing defense Council advised all these legal pads say legal yes yes they're marked as legal after the hearing the court inquired why in light of council's representation that the notes at issue were on legal pads that were clearly marked as legal photographs taken dur during the sweep show no such labels at the hearing defense Council admitted that it has to Be the case that as of

the day of the search legal wasn't written on every legal pad and that they were not sure whether the pad presented to the court had legal on it at the time of the sweep and judge sub ranian writes the circumstances of this incident and the misrepresentation made at the hearing where comes was present bear on whether the court can be reasonably assured that any conditions it imposes will be in will be followed or whether through Inadvertence or active subversion they will be broken and the community's safety threatened but as we now know he's not just

facing the criminal charges he is also facing all these lawsuits a barrage of civil lawsuits the floodgates they really seemingly opened after his ex-girlfriend Cassandra Ventura filed that bombshell lawsuit against him claiming that com subjected her to a decade of physical mental and sexual abuse com Adamantly denied the claims but you remember he settled that lawsuit with Cassie the very next day and then there was The Surge of lawsuits after that with several other people coming forward to say that while Colmes appeared to be everybody's favorite celebrity rapper appearing on talk shows guest starring on

TV shows and movies behind the scenes they say he was essentially a ruthless criminal well on Tuesday attorney Tony Busby filed these five new complaints And they share a common theme they share a common theme with the others that that he is filed on behalf of clients who say that com's Abus them they all talk about com's alleged drug use the claim that he and his associates would drug or lace drinks with GHB or ecstasy that he would give them to unsuspecting victims at parties and auditions allegations that not only he but his associates his

bodyguards participated in forced sexual acts and all the plaintiffs they have Filed anonymously against not only Colmes but also his companies like bad boy entertainment Bad Boy Productions now before I get into this I have to stress something Colmes has always denied any wrongdoing or criminal activity okay he and his attorneys have said that if anything sexual did happen it was consensual and remember he hasn't been found liable in a court of law yet he hasn't been found guilty in a court of law yet and I think the argument Would be it was it may

seem strange to you and I you and I might not engage in these kinds of freak off sessions but it's not necessarily illegal now the accusations in this first lawsuit I I have to tell you are so disturbing that there's just some of this complaint I'm not going to get into that's actually with respect to I think the other lawsuits too certain details I'm just not going to share but I do have to talk about certain details it's important to Know what we're saying it's important to know what the people are saying why they're saying

it and what the protections are under the law so with that caveat let's go into this now one of the latest lawsuits is from a John do who lives in Texas the complaint says in the late '90s and early 2000s plff was an actor regularly traveling across the United States for auditions and roles on stage and Screen after finding out about a role playing a police officer in a Music video PL if exchanged phone calls with a female casting director in New York in October 2001 he traveled to Manhattan to meet with her now we

don't know John Doe's age at the time he says he met Shawn Colmes but we know that he was an adult but we've told you about other lawsuits where people claim that when they were children maybe sometimes when they were auditioning for sha Colmes they were sexually assaulted they were drugged so Keep that in mind but going back to this lawsuit so John Doe goes to New York he goes to a hotel near Central Park and it's there where he meets up with someone appearing to be Shan com's bodyguard or an assistant of some kind

and they talk about John Do's background and his fitness routines and when comes comes in he asks John Doe questions about himself and his trip to New York and he reportedly wants to know if John Doe is there by himself meaning did he Have any friends in New York and John Doe told him no process that for a second because then he says comes allegedly gave John Doe the once over and said he'll do a very ominous statement given what the plff says happen next because the complaint reads once plff sat back down the casting

director offered him an alcoholic drink which he declined she then offered him a Diet Coke and a glass which he drank but noted that it tasted Strange at that point plain if realized the casting director was the only female in the room the conversation continued regarding the music video and shooting schedule But as time passed plff began to feel dizzy and nauseous he asked to use the bathroom because he felt like he might pass out shortly after that plaintiff did in fact pass out based on information and belief coms by himself or through his agents

employees previously laced plaintiff's drink with Drugs including but not limited to GHB Andor ecstasy that theme of ledge drugging is a constant through line in both the criminal allegations and the Civil allegations and we have to warn you that this next part is incredibly tough the complaint reads plff came to in a Twilight State still dizzy and nauseous but semiconscious and disoriented as plff tried to get his bearings he realized he was laying face down across a large ottoman with his Head and arms hanging off of one side and the lower half of his body

hanging off the other his pants were pulled down to his ankles and his shirt was pulled over his head he felt a great deal of pain and realized as he looked back that he was being an sodomized by Combs his vision was blurry but he recognized com's chest tattoo and the large gold chain with a jeweled cross on it that com's wore during the interview L of tried to fight him off but felt dizzy And sick whenever he tried to move additionally com's bodyguard was holding plaintiff down by the arms John Doe then describes further

alleged assaults and graphic detail claiming multiple men raped him that day he says he could hear other people in the room laughing and talking believes that he saw camera flashes at one point and John do claims that he passed out multiple times before he was finally able to regain control of his body and get up the complaint says Embarrassed and violated plain if tried to cover himself up and started looking for his clothes once he found his pants shirt and shoes he ran for the door without his underwear and also without one of his prize

POS sessions a commemorative leather jacket that he got from working as a stunt man on the film RoboCop PL never saw that jacket again as he ran out he heard someone near the door laugh and say hope you had fun he goes on to say that the doorman helped Plof get a cab and he returned to his room at his hotel where plan vomited and cried all night replying the trauma of what had just happened he feared others disbelief Andor the perpetrator's retaliation if he told anyone the aftermath of the assault plane of strugg with

intense emotional pain and mental health issues feeling disgusted and deeply depressed PL of has experienced a significant impact on his personal life he has never married and often struggles To maintain relationships due to the assault now John Doe is suing under the New York victims of gender motivated violence protection act this is something we've talked about before so even though this alleged assault happened in 2001 John Do's legal team is arguing that the gmva would apply in this case where 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 that is satisfied they say because defendant comes forced plff to engage in a sexual interaction without consent now there is a look back window to sue for these kinds of claims because when under normal circumstances the statute of limitations would have expired and you can't bring a lawsuit people can use this now to Sue and they can sue until February 2025 and this protection by the way not only allows plaintiffs to recover damages but they Can also recover attorney fees

and costs that's an advantage here now I want to move on to another lawsuit this one is from a Jane Doe who lives in Maryland now and accuses Shan combes of sexual assault in 2001 her complaint states that in 2001 plff who was 18 years old at the time and her cousin attended a Halloween party held at Club New Yorker in Manhattan Colmes and his Entourage also attended the party and provided drinks to plain and her friends Throughout the night during the Halloween party what ofc security guards escorted plaintiff and two friends to a large

black SUV limousine parked within walking distance of the club they entered the vehicle and saw com sitting in the back at least six members of com's security team were also in the limousine one of the men handed plan if a drink minutes later she began feeling dizzy intoxicated and disoriented she felt as though she was unable to control Her own actions based on information and belief comes by himself or through his agents employees pre previously Lac the drink with drugs including but not limited to GHB Andor ecstasy so you can see similar language here Colmes

allegedly ordered her to perform oral sex on one of his security guards and then she also claims that she was forced to perform oral sex on Combs too quote in the aftermath of the assault plane have struggled with intense emotional Pain and mental health issues feeling disgusted and deeply depressed with symptoms of post-traumatic stress and she is also suing for violations of New York City victims of gender motivated violence protection act another Jane Doe says that she was attacked this time in 2004 also in Manhattan she says she was a 17-year-old model at the time

and went to a modeling gig where she was approached by two men who gave her a flyer for a party the lawsuit says that The party turned out to be one of defendant com's Infamous Fourth of July parties at his estate in the Hampton hes Hampton's parties regularly attracted A-list celebrities from across the entertainment fashion and business world said this one was no different the event was lavishly decorated featured live performances music performances and boasted top tier food and beverages an atmosphere of opulence and luxury full of celebrities many unsuspecting Individuals like plff were recruited

to attend these parties when plof arrived com's staff at the front door required her to hand over her purse and her cell phone prior to entering now this is something that we've heard before that guests at com's parties had to surrender their phones and sometimes even it was reported they had to sign non-disclosure agreements before they were allowed in the complaint continues plff recognized numerous celebrities in attendance as She walked around the party server circulated through the rooms of the mansions with trays of drinks and plff decided to have one shortly after drinking it plff

began to feel lightheaded and disoriented now what's alarming about that is if that's true she just took a random drink and it was potentially laced I mean that's the insinuation right and that's different than a drink being deliberately handed to her so again if true were all the Drinks at this party just laced with drugs that was my initial impression from this quote as she grew increasingly disoriented plaintiff searched for a place to sit she stumbled to a couch and promptly lost Consciousness when she awoke plaintiff's underwear was missing and she felt throbbing pains in

her private areas let me just say that at this point plff was alone and she couldnot find the friend who had accompanied her to the party in a state Of panic she began to hyperventilate and cry the complaint goes on to state that comes and two of his bodyguards approached plff and threatened her comes told plaintiff that she would be in danger if she spoke about what had occurred stating that he ran New York and would ruin her at this point plff recognized that at least Colmes had sexually assaulted her while she was unconscious she

feared for her life PL was coerced into agreeing not to contact The police in exchange for the return of her purse and phone she agreed out of fear of what would happen happen if she did not in the aftermath of the assault PL if experienced and continues to experience intense emotional pain and mental health issues including post-traumatic stress disorder depression and anxiety and Jane do also cited the gmva as her cause of action moving on to the fourth new lawsuit a plff who now lives in Georgia makes Claims that he says happened much more recently

2022 when he was 39 years old says he went to a diddy party at a large home in New York City went with friends drank alcohol that was provided to him and John Doe says he blacked out when plff regained Consciousness he was in a dark bedroom with black walls on a bed with black sheets everything around him was dark plff was horrified to find Combs on top of him sodomizing him plff in a State of Shock and confusion Forcefully fought Combs off and fled the room making his way to a nearby bathroom despite still

being in a days disoriented State plff fled the house in an effort to escape the situation as quickly as possible he didn't return to the party after the assault but plaintiff was traumatized by the assault and continues to experience severe emotional distress as a result of what he endured at com's hands John do is also filing under the gmva but there is Something I have to tell you about this lawsuit and that is that that lawsuit was just dismissed yes the judge said that the plaintiff here failed to get the Court's permission to file this

anonymously as a John Doe this is an issue we've seen before in other cases against sha comes where courts have said the plaintiffs they have to reveal their identities if they want this to proceed here it seems to be an issue that this plaintiff never even got permission from The court to do so so we'll see what happens next now this brings us to the fifth lawsuit and this actually doesn't cite the gmva as a cause of action instead a Florida John Doe is suing all the plaintiffs for assault and sexual assault and his lawsuit

States in 2022 plff mingled and spent time with Associates of com's businesses at a popular Miami nightclub he did not consume alcohol at the night club after spending some time with these Individuals an associate of combs invited plaintiff to an after hours event being hosted by combes at a residential home after arriving plff entered the residence and joined the other partygoers plff saw about 45 to 50 people many of whom were recognizable public figures while mingling and making small talk with others an associate of coms approached plaintiff indicating that wanted to meet with him the

associate took plff upstairs where comes Greeted him with a drink and offered a tour of the house plff obliged began Following comes around the home tour came to an end in a bedroom bedroom smelled strongly of marijuana five other individuals three men two women apart from comes and plff were inside of the room as well as plff and comes entered the room comes demanded the women perform sexual dances an axe on the other three men around this time plain of suddenly felt weak and disoriented Unlike anything he had ever experienced with alcohol before his plaintiff's

condition worsened and he began to fall in and out of Consciousness plaintiff knew he had been drugged John do says he passed out when he awoke he was naked and he says that he saw coms sexually assaulting him pler calls Colmes telling him this is what you want all while wearing quote a disturbing smile John do says that he passed out again and when he woke up he was still in the bedroom But he was alone plff woke the next morning in the same bedroom alone almost immediately as if someone could see inside of the

room through a camera or other device a member of com's security team entered handed plaintiff his clothes and instructed him to get dressed and prepar to leave the residence that's interesting and frightening because we've heard from various people in these civil lawsuits that Colmes had had cameras all over his House and was obsessive about filming things but again this John Doe is suing for assault and sexual assault under Florida law defending comes with the assistance in conspiracy of his businesses intentionally or knowingly caused physical contact including the sexual assault with plaintiff when defending Colmes knew

and should have known that plaintiff would regard such contact as offensive by the way you Su with the businesses not just Sean Colmes Obviously he's very wealthy but you go after the businesses they have deeper Pockets too by the way one of the reasons he might be suing for assault and sexual assault is there might not be a statute of limitations issue this is just a few years ago and you also might say these assault claims taking everything is true are more straightforward to prove by the way speaking of Tony Busby he has gotten himself

into a bit of hot water recently We've talked about this because in Prior lawsuits that were filed by him on behalf of alleged victims he has named people like celebrity a or celebrity B who in one case allegedly participated in assaults and Busby had previously promised that he was going to expose aless people that were allegedly involved in com's criminal activity but so far that hasn't happened and an anonymous prominent person says that is because Tony Busby is extorting the High-profile people this person identified as John Doe says that Tony Busby is making up false

stories about serious crimes like sexual assault and rape and then threaten to tell the public and file lawsuits if these people don't pay up it's basically extortion settle or you get named settle or you get exposed and there was a lawsuit that was filed in Los Angeles on Monday by this John Doe and he describes himself as just a high-profile individual who Knows P Diddy and he's attended events with him he's being represented by Quinn Emanuel a very powerful law firm and the firm released a statement about the lawsuit saying Busby has established a pattern

of leveling baseless fabricated and malicious allegations at high-profile individuals and threatening to name them publicly if they fail to pay exorbitant sums of money Busby then uses this money to fund his lavish lifestyle he's deployed these threats And L letters statements to the press his website and on social media in recent months to try to shake down these well-known individuals Tony Busby denied the accusations fired back saying the lawsuit is just an attempt to stop him from doing his job and he released a statement to the Houston Chronicle saying these claims are without legal Merit

that they're laughable he said we won't allow the powerful and their high dollar lawyers to intimidate or silence Sexual assault survivors it is obvious that the frivolous lawsuit filed against my firm is an aggressive attempt to intimidate or silence me ultimately my clients that effort is a gross miscalculation I'm a US Marine I won't be silenced or intimidated and I actually spoke with former prosecutor Melba Pearson this week about this and how she would fight this if it were her it is standard in terms of reaching out and saying Hey listen I've been Contacted by

you know someone who uh was is looking to file a lawsuit against you whatever here's where we think we're going you know do you want to settle let let's settle right now before we even put anyone through this drama before we have to make the Survivor testify before we have to do depositions and go through the whole process maybe we could just settle right off the back that that's that's normal right yeah but then but that fear and and I'm with you on that Jesse that fear of I could fight this but I'm going to

lose so much more in the long run that could be a deterrent and would make someone pay up but at the same token I'm hopeful that if you are wrongfully being accused of this I mean if it was me heaven forbid I think I would go on the offensive and like name myself I would come out and say listen I have been you know Tony Busby reached out to me saying that so and so alleged that I did XYZ to them I category deny It and basically you come out on the offensive before anything gets

filed so that could maybe deter the case from moving forward possibly and by the way you can check out that full interview with Melba over on our long CB YouTube channel love talking to Melba she's the best so for now it's unclear what impact if any these explosive lawsuits will have on Shan col's federal case it's very likely that the government investigators have spoken with these Alleged victims or they will be as they build their racketeering and sex trafficking case against Shawn comes obviously if there's a superseding indictment that could all change if you recall

Burgess went on Banfield on news nation and he revealed that he was given 11 flash drives that contain alleged sex tapes involving con and celebrities and he said of the eight celebrities on the tapes those who are victims of sha comes they're not perpetrators victims he said Two or three were minors which as you know is consistent with a number of allegations in the civil lawsuits that Shan coms is currently facing to be clear though coms is currently not criminally charged with anything with respect to minors that could change but right now he's just charged

with sex trafficking racketeering transportation to engage in prostitution but all with respect to adult victims if there's a superseding indictment he gets hit with New charges possibly about victims we shall say but this is what brings me to what we're talking about right now so Mr Burgess has claimed that he got these flash drives from the late girlfriend of Shawn Colmes Kim Porter who as we know tragically died several years back from what authorities concluded was lowbar pneumonia and that is despite the fact that there have been rumors both online and the media that there

is something more to her death and that to be clear Totally unsubstantiated that has been debunked we've talked about it here on sidebar multiple times but putting that to the side here is the other thing with Mr Burgess he apparently says he owns the rights to a book that was reportedly based on the alleged Memoir of Kim Porter in fact according to TMZ Burgess phone was seized by the feds and on it was a copy of a flash drive with material that was used in this book here's the problem Christian and Quincy Comes these are

the sons of Diddy and Kim Porter Quincy's actually adopted by Diddy but they are reportedly fighting back and they have sent Burgess a cease and deiss letter to prevent the further sale of this book they argue this is just an attempt to capitalize on Porter's Fame and that they own the rights to her IP her intellectual property like her diary entries her potential manuscript as her heirs they own it and and they also want an Accounting of current sales of the book to be clear though they aren't acknowledging that there is in fact a long

lost Memoir from their mother in fact they've actually denied that before when there was a similar book a derivative book we'll talk about that published by this guy named Chris Todd on Amazon they were adamantly fighting against that they said that their mother wouldn't write this but what they're basically saying is if something should Exist they own it Burgess has responded saying he owns the copyright in the book that Porter gave him the rights to this manuscript that the brothers are making quote a pathetic attempt a quote desperate ploy to extort him and this shows

how bad their financial situation is and he reportedly even suggests that sha Colmes is probably behind this so a lot of back and forth between both sides and I want to sort it out and at least get one side of the story on this so With that I want to bring in Ariel Mitchell thank you so much for taking the time it's great to meet you um so the first question I had when I was reading about this is this book from your client the same book as the one that was published by Chris Todd

a few months ago that was the one that was on Amazon before it was removed by Amazon what's the connection there um yes so Chris did get the book from Courtney um Courtney has a more Thorough copy of the book when Chris published the book that was on Amazon it was edited so some of the p passages were removed uh some of the pictures were removed and I think there was like a Ford or something that was added to the book so it is a different version but from the same what in copyright law is

called derivative work so it's derives from that work that Courtney has and just to be clear Courtney's work Courtney's book is it currently being Sold anywhere um I'm not exactly sure I Courtney has a I was about say here the woo woo welcome to downtown Miami um uh but U I believe he is selling it on a website I only came into that knowledge when I received the cease and desist letter from quency and uh Christian got it and and in terms of the content of the book what is this book about the one from

your client so I haven't taken the time to Read the book either but to my understanding it's Kim Porter's Memoir so it's uh basically Kim Porter stories um I I haven't read I shouldn't say that I haven't read the entire book I have read several excerpts from the book several pages from the book I haven't had time to sit down and read it in its entirety but to my understanding it purports to be from Kim Porter about experiences Kim Porter hat and why do you think um Christian and Quincy are so opposed to this coming

out because they were opposed to the Chris Todd as you said derivative work coming out they opposed to this what is it about this piece of work that they're so opposed to well first it's talking about their father and you know for even Quincy that's his stepfather but that's really the only father he knows so and then Christian that that's his doppelganger like Christian and didd he look exactly alike so and then you think About the other piece of it their father is the one who gave money wealth Fame so you want to protect that

at all cost even if you know your father did something bad or wrong I also feel like they don't have any identities without their father so for their father to go down to for this and what child wants to think this about their parent think that their parent was this kind of heinous monster so I think we have to maybe put ourselves in position how we would feel If this was one of our parents and what what what would we do in this situation does this Memoir alleged Memoir does it suggest that Shan Colmes was

abusive uh towards Kim Porter does it suggest that does it amplify this message that we've seen online that Kim there's more to Kim Porter's death then meets the eye I just want to be clear about what this book from your client really says so again I'm going to reiterate I have not read the entirety of the book Um but from what I have read it does support the allegations that have been made by Cassie the allegations that have been made by the federal government and the allegations that have been made by m clients uh Tyrone

Blackburn's clients Tony Busby's clients it's everybody is saying the same thing and Kim Porter I feel like um we were only willing to hear these things once Cassie came out and now we are starting to see from Kim Porter's experience that these were the Exact same experiences so so the main question that people would have here is why would Kim Porter give your client this manuscript what was that relationship they were close enough where she would give him her Memoir her diary Diary entries why would she do that so to my understanding um Courtney was

really good friends with Tupac um I I I'm always trying to explain this so in New York we all know the East Coast West Coast beef right um we all have Some knowledge of it it's only cursory so so you have to imagine on the East Coast there was two factions there was the bad boy faction and then there was death row East so death row was starting to encroach upon Diddy's territory in New York and there are a lot of people in New York who didn't like Diddy who didn't want to rock with the

bad boy East Coast you know side of the East Coast West Coast beef so there were a bunch of people of in New York of Faction who were west coast East Coasters if you will and Courtney was one of those people so to my understanding Courtney knew Kim through Tupac and some Court you know Courtney's a industry Insider uh anr a record except who brought different people to labels to help them get into the music industry so he knew producers you know uh of managers all these people in the music industry and one day he

was talking to a friend who was with And Kim was like who are you talking to he said I'm talking to Courtney B and she said oh let me talk to him because they knew each other through Tupac and said to uh Courtney I got something because for you I know you'll know what to do with it and that's the next day is when Courtney got the flash drives and one of the flash drive had the book on it so I believe that if if we're going to believe let's say that Kim really wanted this

book to get out and she knew There were only certain people she can trust because there were more people in Diddy's pocket than were not in Diddy's pocket why wouldn't you go to your his enemy Diddy's enemy which is people with the Tupac faction and if you really want this information to get out because anybody else is not going to get that information because their loyalty always L of Diddy so I think you know just me using my brain and the information I have been given and my understanding Just culturally about what is going on

because it's my culture it makes sense to me how Courtney ended up with this you don't anticipate that this is going to escalate into some sort of lawsuit and this going to court and and it sounds like if it is you're ready to fight back against it not only fight back we're ready to counter Su um for defamation and other other things other TS but um I I wish they I would invite them if you're watching this please I Beg of you please sue us that'll be the best day of my life and the worst

mistake you'll ever make why is the issue of Kim Porter and this book and Courtney um maybe trying to publish it why is that coming out now well I think what initially happened was when the book was first published on Amazon by Chris Tai right so that kind of um created it was number one for weeks on Amazon actually number one best seller yep um uh to my understanding that the Last count so sold almost like 20 30,000 copies I'm in that range so it was it was really selling so then there was a time

where Chris was doing all these interviews and then there was some something going on behind the scenes um because I had known Chris since August that's when I initially met Chris and I didn't meet Courtney until two um on the 31st I didn't meet him to October 29th so I didn't know who he was uh Chris did represent the entire time Even with the book um because we did start talking about first he came to me like oh I have some information that may be relevant to the cases you have against Diddy and that kind

of morphed into well we have this stuff we don't know what to do or how to use can we get some legal advice or Direction you know and I'm like you know we don't want to tread on extortion you know just kind of trying to get an understanding for what they had and what they understood but Chris never told me about Courtney he told me had a partner but never told me who Courtney was um and then all of a sudden one day I see Chris's doing interviews about the book and I'm like okay and

then shortly thereafter I get a call from Courtney saying that he just was served with a Summons by the federal government and then I went back and saw an interview that Courtney had done on October 20th where he is now stepping out of the Shadow saying that he had He's the one who had the tapes he was the one who had the book and that that's how all of this came out I feel that right that interview Courtney did October 20th is what led to the the summons from and a subpoena from the federal government

because now if he's saying he has all of these things he's now and I think something no one is keeping in mind we've seen all of these victims file civil lawsuits right but why hasn't the government called them as Witnesses before the grand jury right you would think those would be people that would be called do you know for sure do you know for sure they haven't well I I don't to my understanding at least none of my clients have been called and um I know other other lawyers and I've talked to them and none

of their at least I'll say this none of their clients who already have active lawsuits have been called now there might be some other people have been Called but those people are not plaintiffs in a civil litigation however with Courtney Courtney doesn't have a lawsuit against ddy he's not a victim of ddy so I think the other part of this is being a unbiased third party so the government is really The credibility that they felt that he had and the information that they believed him to have based on what he said in an interview on

October 20th they they issued a summons for him four days later They issued a summons for him in a subpoena October 24th and they didn't serve it to him till October 28th and then I talked to him October 29th and then we went to the grand jury uh testimony on the 31st so that was like the progression of of those things but I think it's just a culmination of the government is trying to look for all relevant information people who purport to have relevant information especially people who can't come across as Untainted because they don't

have a bias in you know every civil litigant does have a bias in seeing him go to jail we all want to see them go to jail not only for the benefits of our cases but because our clients were really injured and the ultimate penalty is having your freedom taken away but Mr Burgess isn't somebody who's unbiased so I really feel like between his unbiased perspective and what he purported to said he had um I know and it also relates to what I Said as well because uh we had a separate hearing and the prosecutors

brought up what I said in my interview as well by the way what is if you can tell us has any call any plans for him to come back to the grand jury to tell testify um no we were able to wave and close um our testimony so in other words what they wanted from him they have at this point they have Holmes has been trying left and right to make bail to get out of there and he has already been Denied bail and pre-trial release by multiple judges but here's the thing this Friday and

we're going to cover this here on Law and crime he is set to make his argument once again but this time in front of a new judge judge Arun subber Marian so this is the new judge overseeing this case this is a judge who hasn't heard the bail issue before and we have already seen briefs back and forth from the prosecution and the defense about why comb should or should Not get bail but that brings me to what the prosecution alleged most recently and we did a sidebar about this because they claim that while behind

bars not only are prosecutors continuing to investigate Combs and presenting evidence to a grand jury for possibly a new superseding indictment with potentially more charges but they have been actively monitoring him and they say that sha Colmes has not only broken the jail rules but he has possibly Engaged in obstruction in this case and therefore he can't be allowed out on home confinement so in their most recent filing the government writes the government's grand jury investigation of the defendant including the defendant's obstruction related to this criminal case is continuing as part of that investigation the

government has sent grand jury subpoenas and document requests to the Bureau of Prisons the Bop for the defendant's monitored Communications including calls and emails from those materials the government has learned that the defendant has persisted in engaging in obstructive conduct since he entered Bop custody among other things the defendant has engaged in unauthorized Communications practices including three-way calling on the monitored phone lines use of other inmates phone access code or pack numbers to make phone calls on the monitored phone line and use of a Third-party text messaging provider through the bop's monitored email system each

of these methods of communications is prohibited by Bop furthermore as set out in the government's November 15 2024 brief the defendant used these unauthorized methods of communications to continue to engage in obstruction including by instructing third parties to reach out to Witnesses and attempting to influence the jury pool in this criminal case now look prosecutors They've previously cited as an example this call from October 4th where apparently he's speaking from jail to one of his adult sons and while the content of that call is redacted the government said that this is a clear inference that

his goal is to Blackmail victims and Witnesses into silence they also say that he enlisted his family to create a social media campaign around his birthday where a video was posted online of them wishing him happy Birthday over the phone you actually hear on the other line again this is when he's behind bars at the MDC and prosecutors say this was done to influence a potential jury pool but they also say they have evidence that Colmes may have paid off a potential witness now how do they know that well they explain that there were notes

recovered from his jail cell during a widespread sweep of the MDC and that is the issue and we've Talked about this before but the MDC is a mess it is plagued with violence it is plagued with smuggling and so there was a raid and prosecutors explained that back on October 28th the Bureau of Prisons and other agencies swept the MDC this was pre-planned it was done to ensure the safety and security of staff and inmates this wasn't just focused specifically on Shan Colmes but multiple housing units were searched and electronics were found homemade weapons Were

found other Contraband was found but they did search com's bunk and prosecutors indicate that that look they were aware in advance that the sweep was happening and they were aware that com cell would be searched but the prosecutors made clear they were not part of this search this was the Bureau of Prisons but prosecutors admit that they are now in possession of potentially privileged materials meaning attorney client or work product Materials but they say don't worry these already went through a filter team before they came to us so to make sure there's no privilege issues

by the way when we're talking about privilege attorney client privilege are those private conversations between a client and a lawyer about representation about the case and work product or materials made in anticipation or Preparation of trial and generally speaking both can't be used by the other side of trial well The defense as you can imagine was not too happy about this so they wrote in a filing defense Council has recently learned that the prosecutors are in possession of attorney client privileged material including the defendant's own written notes this search and seizure are in violation of

Mr com's fourth fifth and sixth amendment rights moreover the targeted seizure of a pre-trial detainee work product and privileged materials created in Preparation for trial is outrageous government conduct amounting to a substantive due process violation because the prosecutors are currently in possession of privilege material and are actively using this material to detain the defendant the defense requests an immediate evidentiary hearing and yes the judge ordered this emergency hearing this was yesterday this is what we're going to talk about in a little bit but just to give you an idea of what we're Focusing on here

this was the prosecution's argument they said they did nothing wrong as I mentioned they said look we weren't part of the sweep at the jail there was this investigator from the Bureau of Prisons who was there he interviewed Shan Colmes about Contraband and he found in com's bunk or on com's bunk a manila folder marked legal another notebook an address book and some personal effects of Shan Colmes he ended up taking photos of the Notebook in the address book but he didn't take anything but to be clear since a lot of this is redacted we

don't really know exactly what the contents of this notebook were but the investigator this investigator alerted prosecutors that he took photos and he said that the notebook was about com's notes to himself now prosecutors said okay we want to be completely safe on this send all the photos to a filter team make sure there's no privileged materials After that filter team reviewed they sent certain photos to the prosecution team and the government admits yes we used these photos of Shan col's notebooks in our motion to oppose his bail we used it for example there was

evidence from these photos to prove that he had paid a potential witness and they argue that despite the defense's claims this wasn't a targeted seizure of the defendant and the photographs didn't violate Shan col's constitutional rights The defense they responded in their own filing they wrote the government's letter only reinforces the fact that the government has committed an egregious willful and harmful breach of the attorney client privilege and has become privy to defendant and defense council's trial strategy including areas of expert testimony witness strategy and other confidential matters they say this investigator actually took photos

of more materials than the prosecution Claims namely that he took photos of several legal paths and the defense says that of the 19 Pages the prosecution had s sent over to them these kind of photographs that were recovered 11 of them are sha com's notes to his lawyers actual conversations about Trial preparation and bail his defense team writes on top of his legal pads and notes he has a folder marked legal this is to put anyone on notice that everything along with the folder Mark Legal is exactly what it says legal attorney client materials that

he brings to his meetings with his lawyers to prepare his investigative and his trial strategy two different arguments two different sides now we have this hearing from yesterday to get to the bottom of what happened now to be clear this is what we do now there's no cameras in the courtroom unfortunately so we're doing our best to report to you about what happened it was reported that Shan Combes appeared in court that he was wearing a tan Olive jumpsuit similar to the one that he wore last time maybe the same one he wore last time

the judge actually by the way granted the defense's request for Combs to be Unshackled too maybe even for the future proceedings as well and from there the arguments began again no cameras in the courtroom electronic devices are limited so this is the best recap we can do based on the reporting so colm's lawyer Mark agnifilo told the court that he believes that this sweep of the MDC was actually a pretext to Target Shan combes he explained that this is a clear violation of Shan com's constitutional rights that he has an expectation of privacy in his

legal notes few things by the way let's talk about this so he is correct criminal defendant does have privacy rights in privilege documents conversations materials in terms of a Fourth Amendment right against Unreasonable search and seizures that privacy right that is limited in a detention context because those rights can be trumped if there are issues with maintaining security and order at a jail or prison but Mark agnf also reportedly says he wants the surveillance video of the search he wants the communications about the investigator he wants to know the role of the United States attorney's

office who said what to whom whether there was even a violation of Shan com's Fifth Amendment rights and that deals with self-incrimination but more specifically due process rights how the government can't take away your life liberty or property without due process of law and get this agnifilo says this is so bad this is so egregious he may ask that this whole indictment be dismissed or he may ask that the prosecutors have to recuse themselves by the way you might be saying that seems not like it's ever going to happen that Seems nuts go back and

watch what happened to Alec Baldwin in his manslaughter case prosecutors withheld evidence in that case the judge was so angry at this violation she threw the whole case out anyway from there going back to judge sub Romanian he turned to the prosecutors and he said what's going on here what happened to respond to that we had us attorney Christy Slavic and she reportedly said that the 19 pages from comes are about paying off witness And finding dirt on victims that's not privileged material little bit of a side primer here on that so materials that are

about ongoing or future crimes are really not protected by privilege but she also emphasized that her team had no contact with the Bureau of Prisons or this investigator they didn't even know that the investigator was going to be part of this sweep she claims that their team only found out about these photographs after the sweep not like They directed this to happen now the judge apparently pressed her on how this investigator was monitoring combs in his Communications and asked if what had happened is a Fourth Amendment violation Slavic said yes he provided us materials but

this investigator he doesn't work for us he works for the Bureau of Prisons he's focused on safety and if the defendant was in compliance with bureau of prison rules which she says he was not judge suban asked if There was any other material that was photographed here that they should be talking about about and Slavic indicated she didn't know what else the filter team may have so you're seeing that separation between the prosecutors and this filter team by the way we don't know exactly who this filter team is but again this filter team there was

also this interesting reported exchange where judge subber manian asked prosecutor Slavic along the lines of is it standard Procedure to photograph notebooks rather than take them so it could be known they were taken to which a USA Slavic apparently responded I don't know but Slavic reported Double Down saying they don't have to tell the defense of an ongoing investigation into Shawn Colmes and plus we sent the materials to the filter team if there was a privilege issue they would have caught it to which subber Manan reportedly asked if these were verbatim notes of com's meeting

With his lawyers how would you know that unless you ask the defense to which Slavic says they rely on the work of the filter team they trust them so judge subber manian expressed what seemed to be concern at this dividing line between a covert investigation and Discovery what needs to be turned over what needs to be told to the other side since sha Colmes has already been charged and Slavic reportedly responded we have an ongoing grand jury investigation for Conduct that sha KMS has not currently been charged with and there's no Authority that we have

to tell them what is going on and this was another interesting back and forth between judge subber Manan and prosecutor Slavic where he asked is any of this material privileged and Slavic seemed to respond that the notebook was labeled things to do not attorney client and as to the claim that the papers were supposed to be in the folder marked legal she said Self-labeling is not enough especially when they say this is about action items involving non- lawyers there's no privilege here like it's stuff about family members and birthdays and financial advisors and inspirational quotes

that it has nothing to do with the case at all so judge subber Manan also asked would prosecutors be willing to turn over that surveillance video of the search to the defense to which Slavic said they are opposed to doing That and it was interesting because at one point the judge apparently said to Mark agnf how prosecutors kind of want to work with the defense to resolve this issue and reportedly agif didn't seem too keen on that reportedly said we don't want to give them any insight and he fired back too Mark agnifilo he said

all the legal pads here they say legal that the photos taken were from pads marked legal that the government isn't being accurate about what happened here That everything in these pads are things we discuss with our client trial strategy who we should speak to everything is about the racketeering case that Sean com's to-do list that is privileged that this is the heart of attorney client privilege Mark annif said virtually every single thing in these legal pads are matters he discusses with his attorneys and he called this whole seizure a complete institutional failure now in the

end Here's what the judge decided to do he told prosecutors get rid of the copies of the 19 pages of material get rid of them and he wants copies sent to him too so he can see what's going on and he also indicated the prosecutors will not be able to use that evidence when they argue against sha colm's baale this upcoming Friday that's a that's a blow to them that's a blow to their case and by the way as I mentioned there is going to be a hearing on Friday regarding bail We will covered here

on Long crime now in terms of whether there were potential privilege issues whether there were privilege violations he's not ready to make a decision on that wants both sides to prepare arguments briefs and then he'll decide that at a later date but it seems that the filter team can still keep the notes at issue as long as they are not part of the prosecution's case as long as they're not part of Prosecuting sha comes they have to be Separate now I do have to leave you with one final tidbit from this hearing came at the

very end but so important so the judge in regarding baale again which is going to be talked about on Friday he asked about the Mike Jeff case out of the eastern district of New York this is something we covered here on sidebar this is the former head of abomi who was arrested and charged with sex trafficking recently he was arrested and charged after Shan Colmes was released And he was released on $10 million bail Sean colm's attorneys made that argument why is it fair he gets out and not our client and you know what judge

subber Manan said he advised the prosecutors be prepared to explain that difference between that case and this so that is a slight opening for sha comes that he may have a legitimate argument for why he should be entitled to pre-trial release especially when he has put forward a bail package of $50 million home Confinement 247 monitoring and so forth so you couple that with the fact that prosecutors can't now use some of that evidence from the jail in their arguments in opposition to Bale that's a slight win for Shawn Colmes he has a better shot

maybe for Bale but we'll see what happens Friday that's all we have for you right now here on sidebar everybody 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]