attorneys for Shawn Diddy Colmes are fighting a lot of battles on a lot of different fronts lately and likely spent their holiday crafting motions to try to curtail the amount of legal action the Disgrace music mogul is facing but one of the strangest cases involves a Michigan Prison inmate who claims that comes raped him in the 90s a judge had initially granted a massive $100 million judgment in his favor but after that was overturned Derek cardello Smith is now pushing forward with his lawsuit and he says he plans to call Pop icon Jennifer Lopez as
a witness welcome to sidebar presented by law on crime I'm Jesse Weber the legal battle involving Derek cardello Smith is one of the strangest parts of The Saga of Shawn Diddy comes right now and as we know the rapper is behind bars in Brooklyn Accused by the feds of forcing sex workers and others to participate in hours long sex performances in orgies sex trafficking racket heing transportation to engage in prostitution federal charges and at the same time coms has also been accused in several civil lawsuits of drugging and raping people as far back as the
9s the allegations come from both men and women including some who say that they were just teens when they were targeted and in the midst of a flurry of lawsuits before he faced criminal charges in federal court we learned about a man named Derek cardello Smith this is an inmate incarcerated at Ern SE Brooks Correctional Facility out in Michigan now he has been convicted multiple times for criminal sexual conduct and kidnapping cardello Smith appeared on a judge's live stream from prison representing himself to explain why he wanted an injunction against out of all people sha
Comes This is in the matter of Derek Lee cardello Smith um MDOC number 2679 versus Shan Colmes Shan Puff daddy comes also known as Sean P Diddy also known as Diddy Bad Boy Records label owner comma founder also known as Puff P daddy comma bad boy Diddy run the city comma Sean Colmes also known as Sean Puffy Cs and this is file number 24-7 362 no grab your paperwork here real quick out of this other paperwork we do have Mr Cardel Smith appearing from the Michigan Department correction sir where are you currently located I'm located
at the Ernest SE Brooks Correctional Facility 2500 South Sheridan Drive msan Michigan 49444 M all right thank you sir thank you so I do see that we do have aov service um on um Mr Colmes but for purposes of of this hearing you filed a motion for a temporary restraining order and or a preliminary injunction to stop all sales of the property and assets attached to are involved with said property based on interest of plff and plain's connections to defendant sexual assault a PL of Derek Lee cardello Smith requiring a preliminary injunction and or a
temporary restraining order by the way when we're covering stories like this one it is very important to bring you just the facts not put any kind of slant or bias on that we always try to do that at La crime and sidebar but that is why we are so happy to partner with a company like straight arrow news so this is an app and website that is focused on objective unbiased reporting it's somebody who's always doing research for sidebar I know how easy it is to get lost in biased journalism right well straight hour news
they help us cut through that with tools like the media landscape which shows where Outlets fall on the political Spectrum we also have the media Miss tool highlighting stories that mainstream media might be skipping so you can check it out for yourself for free use the tools to research at s.com sidebar or click the link in the description supporting them means supporting journalists like us who are committed to delivering the truth do you wish to argue the motion today sir yes yes your honor all right you may proceed then okay the the purpose of it
is based on two actions taken by Mr Colmes himself directly with me here we did a uh live one-on-one visit in our prison visiting room uh there's two meetings within the past two weeks with Mr Colmes on one meeting and then a financial advisor on the other meeting on Mr col's behalf and he stated that he would make me an offer to end the case and what happened to me because of other things that he stated he has going on in his life that require his money right now and he wants to sell sell everything
off and he made me a Financial offer of two .3 million to allow what happened to me to go away and he stated that he's going to be selling his property and under the C under the 2005 California civil code 2881 D 2885 the creation of Lans which allows out of state justices and orders to cause a a stop of any title transfer Property Transfers in Los Angeles or any other place that he has property he stated that he wouldn't be able to proceed with that sale and he did it the day after I served
him the uh suit and he also said that he won't be fing an answer to the uh complaint he said you can find me in default or whatever he has a better chance with default than he would with having a restraining order stop and I said so you want to hide what your you want to hide your money and S remain being quite possibly paid to me if I'm given the benefit of a judgment in my fav favor for what you've done to me and he pretty much said yeah he go you know how we
get down and I said okay well I disagree with how you get down your sell shouldn't go through so I'm gonna hold on Cell Smith okay so you went in a different direction that I thought you were going into I thought we were just going to focus no no no um you kind of um went off on a different direction than what your actual emotion was yeah so um what I just want to say is um settlement negotiations umor in this case they're probably better not yeah they're not for to be placed on the record
today okay um no no no it's okay you're not an attorney I understand that so if we can just um backtrack and focus just on your motion okay thank you if he's allowed to sell his property that he has in LA and the properties that are in name being used and held by other people in Michigan then it will cause me harm because I can be tied directly to those properties through loans and through other areas of investment that I did when I was out there and while in prison through money that I've sent and
if he's allowed to go through with any of the sales I won't be able to recoup any of my monies or anything from him as a result of any possible judgment in this action if he's allowed to proceed with it and a an injunction or restraining order would help ensure that he's not manipulating and selling the property to avoid this his responsibility in these matters here that's what a temporary restraining order would do it would prevent that from happening because you uh it's a very serious matter it involves a lot of money a lot of
money and and and him selling this is would help him avoid his liability for these actions done upon [Music] me and I was just hoping that I'd be able to get the restraining order to prevent that there won't be any harm to him any any of the parties there won't be any harm to him in any way and if it's deemed that it's not justified then he can go ahead and go through with the sale at the end of the of the case but one has to be put in place to stop this from happening
okay um okay so thank you very much um yes so I received your complaint and all the attachments to it and then I received this motion um and I just wanted to review take a moment to review back back through the US District civil docket and your complaint so I did do that um that's all and um okay okay anything else all of everything that you're looking at they're all tied in together every part is crazy as it seems as outrageous as it seems it all ties in every bit of it every facet okay all
right well I have um a proof of service showing Mr Colmes was served on July 6th um of 20 let me see is that 24 yes looks like it 2024 so that was August of 2024 and a month earlier in July Colmes had put his house in the HBY Hills part of Los Angeles up for sale and the judge agreed to issue an injunction preventing Colmes from selling the property for 90 days while the rest of the case played out and in the complaint against Colmes cardello Smith asked for $100 million claiming Colmes drugged and
raped him during a party in Detroit in 1997 he also alleges that Colmes filmed the assault and we've also learned through separate filings that cardello Smith claims that Colmes allowed him to invest in Bad Boy Records if he took the blame for a rape case and went to prison and get this since Colmes seemingly didn't respond to the summons the judge issued a default judgment against him that means $100 million was awarded to cardello Smith unfortunately for him it would not be for too long because col's attorneys quickly responded with emergency motions saying they had
no idea that this lawsuit was even going on or who cardello Smith was so the default judgment was set aside and the case carries on now Mark annif who is com's lawyer in his Federal Criminal Case said this is a frivolous lawsuit against a prominent businessman based on obvious Fabrications filed by a convict rapist and serial litigant with an overactive imagination and a thirst for fame well since then Cardell Smith has been hard at work from inside prison filing document after document after document with the court I am talking by the way hundreds and hundreds
of pages of arguments case law exhibits in fact he is filing so many documents in so many different courts that he seems to be having trouble keeping things like dates and locations straight and look in those filings he's doing his best to you know stick to the legue of lead and facts of the case but remember he is representing himself he's not an attorney but he ends up using a lot of underlining all caps exclamation points I said it before I said again the fact that he was initially awarded the $100 million you got to
give him credit right but look he is not shy about what he has to say for example how about this quote from his proposed 250 page answer to the defendant's motion to dismiss defendant Shan Colmes is a fake gangster hiding behind his money and his lawyers and most importantly his enforcers who knows that he has committed multiple acts of Fraud and it has been an ongoing thing his fraud is eternal and his entire Empire was built on rape torture being a fake gangster rapist brutal power hungry greedy millionaire and quite simply he is not a
man wow and remember Co says he doesn't even know who Cardell Smith is and we have to be clear about something Sean Colmes has never been criminally charged for rape or sexual assault per se and as far as the federal charges he hasn't been found guilty and for all the lawsuits he hasn't been found liable in any of them as well now he has entered a not guilty plea in federal court he strongly denies any of these allegations but who is this Derek cardello Smith character right and how by the way does Jennifer Lopez fit
into all of this while according to the Michigan Department of Corrections cardello Smith is serving a decades long prison sentence at a correctional facility near mosan in 1998 cardello Smith was convicted of two counts of third degree sexual conduct he was pared and while out prosecutors say he committed more sexual offenses he was convicted in 2008 on six counts of first-degree criminal sexual conduct and two counts of kidnapping pled no contest in that case and then in 2019 he was convicted of four counts of first-degree criminal sexual conduct and according to the Department of Corrections
the earliest release date for him is 2036 so cardello Smith by the way has appealed all of those convictions over the years and says that that he was falsely accused of rape in 1998 that he was set up by police and by the way in his filing against combms Cardell Smith also claims that there is collusion that there is a conspiracy a foot saying and alleging that Detroit police covered up his rape at colm's instruction and that is not even the wildest claim in this lawsuit so let's dig into it on December 9th cardello Smith
filed a notice of submission of material Witnesses and named three people New York police officer Derek Palmer former Colmes employee Kirk buroughs and pop Superstar Jennifer Lopez JLo who dated coms from 1999 to 2001 and possibly one of the most memorable headline making moments of the relationship came in December of 1999 when Colmes Lopez Colmes bodyguard Anthony wolf Jones and rapper Jamal shine Barrow were involved in an argument at a New York City nightclub that led to gunshots all four were arrested on charges after they left the club in a car police pulled them over
after they ran a red light a gun was found lying in the car in full view according to police reports and the weapon turns out had been reported stolen out in Georgia and none of the people in the car had a licensed for the gun now the charges against Lopez they were dropped and after a trial in New York comes and his bodyguard were acquitted shine though was found guilty of criminal possession of a weapon and first-degree assault he was acquitted on the charge of attempted murder and he served nearly 9 years for his charges
he since said that Colmes was the one who actually fired the shots and he took the fall for him but going back to cardello Smith's filing his notice says that Jennifer Lynn Lopez AKA JLo AKA Jenny From the Block quote will be called as a material witness and expert to Shan com's viewing possession and distribution of his sexual assault upon the plaintiff in 1997 and the orders of defendant sha Colmes forcing Jennifer Lopez to remain silent about the videotaped sexual assault of plaintiff by defendant plaintiff states that the material witness Jennifer Linn Lopez also known
as JLo and Jenny From the Block was engaged in a relationship with the defendant Shan Colmes during 1999 in 2001 and that the sexual assault of the plaintiff was recorded distributed and held by the defendant at his New York residence and recording studio and during the relationship with Jennifer Lopez she was made privy to this video that was taken by Shawn Colmes and his employee Kirk buroughs she JLo has known this video existed and was in existence and took no action to make it known to anyone in law enforcement and that she was even questioned
by New York police detective Derek Palmer about this matter and that the report will show that her answers to this tape was and Still Remains a resounding yes to its existence and again Cardell Smith writes that he wants to call officer Derek Palmer as a witness because he says Palmer is the one who questioned Lopez and believes that he will have testimony that could help his case as I mentioned Diddy's legal team has called for this entire case to be thrown out Cardell Smith has filed a massive response to that request that totaled more than
200 Pages probably half of it was just straight up copies of case law that seems to support his arguments word for word it's something out of like a legal textbook there's so much to slog through but I kind of want to give you some of the highlights so first in addition to the claims of rape and a cover up Cardell Smith also claims and alleges that Colmes was violent towards his loved ones at times cardello Smith addresses alleged threats against his family other times he says Colmes actually caused serious injuries to his brother his response
reads defendant used threats of murder to force the plain if to not bring the case to any court of law enforcement until the homes of the defendant were raided by Homeland Security that the plaintiff knew it was a safe time to bring the case and that is why we are here at this juncture and Gardell Smith argued that fear for his own safety and the safety of his family is one of the main reasons that he waited so long to report the alleged rape and says that that reason alone should override any issue with the
statute of limitations that these claims might be otherwise be time barred and he also argues that while he's been in prison fellow inmates and prison guards have threatened him on behalf of Shawn Colmes quote plain if states that the court cannot authorize a dismissal of these claims because to do so would mean that the plaintiff was time barred because the plff did not want to take any action that could have resulted in the death of or danger of his family friends or their family by filing this report until after Homeland Security got involved and if
this court does not Grant dismissal of this claim then it would be instructing the defendants of an seexual assault claim brought by a plaintiff to threaten to kill the victim victim's family members and then they would be able to get away with it and that is most certainly this court authorizing murder wow and when it came to threats by the way Cardell Smith swears that Colmes visited him in prison on August 28th 20124 though that is just days before his arrest on September 16th in fact he claims that Colmes visited him multiple times in prison
and that the visitor logs and the security video will prove it but he also claims that that evidence is being buried so according to gelo Smith Colmes threatened him on that day in August saying quote what up nword so I see you have been getting my messages and your family has too that is good and they can keep it that way by staying quiet I am untouchable nword and cardello Smith even went so far as to accuse some of com's attorneys of helping him cover up these crimes he says he believes attorneys from the law
office of thinkink bressac and Sh trante should have their licenses reviewed for Poss I disbarment he wrote it is terrible because they are hiding behind their law licenses to do these deplorable acts and one can only say that for them to defend a rapist Thief fraud manipulator extortionist sadist fake gangster such as Shan Colmes and get a paycheck for it and do it with a straight face and then sleep at night well it makes them just as worse as their client and it is deplorable and I reject every single word they have said and every
statement they have made in their motion to dismiss because they are liars and just wrong and misusing the laws to lie to this court and help Mr sha Colmes get away with his rape attorneys on behalf of Shan Colmes have filed multiple documents that call cardello Smith's assertions transparently false stating in a filing once again plaintiff seeks to persuade this court that he is the subject of an Ever growing conspiracy to frame him and cover up an alleged assault the lawyers alleg that affidavits transcripts other exhibits reportedly from people with connections to Combs are just
fake documents for example one of the documents names Katherine Preston as defendants agent but according to com's attorneys Katherine Preston is an intimate associate of plaintiff whom plaintiff refers to as his wife they also point out that quote the additions to the proposed response are elaborations on plaintiff's conspiratorial narrative including the claim that defendant again Shan Colmes must have had pff's mother killed because the coroner listed her cause of death as undetermined and they end by saying that even if every single claim that cardello Smith was making in his amended response was true his claim
is time barred by the statute of limitations and therefore all of this is moot now so far no word from the judge on whether cardello Smith's amended response will be accepted by the court or not but should be interesting to see and in the meantime com's legal team is also asking the court to sanction Cardell Smith for his frivolous lawsuits over what they claim are frivolous lawsuits and they want to keep him from filing any more of them they State this is not plaintiff's first attempt at a Shakedown and unless this court intervenes it will
not be his last plff has a lengthy history of filing frivolous lawsuits in this district and Beyond a Pacer search reveals that plaintiff appears on the caption in 173 lawsuits and appeals in the six circuit and its district courts the overwhelming majority if not all of plaintiff's cases have been dismissed as meritless still he has continued filing numerous judges have admonished plff to stop litigating plain has ignored them but we shall see if this is another case that gets thrown out or maybe it will progress time will tell 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 I'll speak to you next time
