NEW YORK (AP) 鈥� A May 5 trial date was set Thursday in , and a prosecutor argued that the jailed hip-hop mogul's lawyers were trying to exclude a 鈥渄amning piece of evidence鈥� by claiming it was leaked by the government.
Assistant U.S. Attorney Emily Johnson struck back against the defense's claims during Combs' first appearance before Manhattan federal court Judge Arun Subramanian, who will preside over his trial. Combs' mother flew in from Florida for the proceeding, sitting behind him with his children and other family members in the courtroom gallery.
Johnson took issue with the defense lawyers' argument in a submission late Wednesday that the U.S. Department of Homeland Security leaked to the media of Combs punching and kicking his former protege and girlfriend, the R&B singer Cassie, in a Los Angeles hotel hallway in 2016.
Combs' lawyers said the video, aired by CNN in May, and other alleged government leaks 鈥渉ave led to damaging, highly prejudicial pretrial publicity that can only taint the jury pool and deprive Mr. Combs of his right to a fair trial.鈥�
But Johnson urged the judge to see through the defense claims, calling them 鈥渂aseless and simply a means to try to exclude a damning piece of evidence鈥� from the trial.
鈥淣ot a single one of those alleged leaks are from members of the prosecution team,鈥� Johnson said.
Still, Subramanian told defense lawyer Marc Agnifilo to write a proposed order that he would sign instructing lawyers on both sides to comply with rules prohibiting them from publicly disclosing information that could taint a jury.
The prospective order would also restrict what both sides can publicly say about the case 鈥� something Johnson said was necessary after Agnifilo characterized Combs' indictment in a TMZ interview last month as a 鈥渢akedown of a successful Black man.鈥�
Combs, 54, has pleaded not guilty to racketeering conspiracy and sex trafficking charges for years with help from a network of associates and employees while silencing victims through blackmail and violence, including kidnapping, arson and physical beatings.
Johnson reasserted that the indictment could be updated to add charges or defendants.
Combs, wearing a beige jail jumpsuit, was more engaged and animated during Thursday鈥檚 hearing than he had been at two earlier court appearances. When he entered the courtroom, he gave a hearty hug to each of his lawyers and smiled as he spoke with them.
During the proceeding, he turned to attorney Anthony Ricco and whispered in his ear, as Johnson spoke about electronic materials seized from his residences and from him during his arrest.
Ricco said outside the courthouse afterward that Combs is making the best of a difficult situation.
鈥淒r. King called it the law of unintended consequences,鈥� he said, referring to civil rights leader Martin Luther King. 鈥淪ometimes the more you push a person down, the stronger they get.鈥�
Johnson said 96 electronic devices were seized in raids in March on Combs鈥� residences in Miami and Los Angeles and at an unspecified private airport in Florida. She said another four devices were seized when Combs was arrested last month.
She said eight devices seized in Miami contained over 90 terabytes of information, which she labeled as 鈥渆xtraordinary鈥� as she explained delays in extracting some information for technological reasons.
The judge said Combs can return to court in December unless lawyers agree that hearing is unnecessary.
Much of the hearing featured arguments by lawyers about what is needed to protect an eventual jury from bias, highlighted by Johnson's claims about the hotel video.
After the video was broadcast, Combs apologizing, saying: 鈥淚 was disgusted when I did it鈥� and 鈥淚鈥檓 disgusted now.鈥�
Responding Wednesday night in a court filing to defense claims that the federal government had leaked the video to CNN, prosecutors told the judge that the government was not in possession of the video before it was aired on CNN.
After the video aired, , saying, 鈥淚 was disgusted when I did it.鈥� His lawyers have described the episode as a lovers鈥� quarrel. In Combs' indictment, prosecutors allege he tried to bribe a hotel security staffer to stay mum about the video.
Combs鈥� lawyers have been trying unsuccessfully to get the Bad Boy Records founder freed on bail. He has been held at a since his Sept. 16 arrest.
Two judges that Combs would be a danger to the community if he is released from the Metropolitan Detention Center, a facility that has been . At a bail hearing three weeks ago, a judge rejected a $50 million bail package, including home detention and electronic monitoring, after concluding that Combs was a threat to tamper with witnesses and obstruct a continuing investigation.
In the meantime, Agnifilo said: 鈥淲e're making a go of the MDC. The MDC has been very responsive for us.鈥�
In an appeal of the bail rulings to the 2nd U.S. Circuit Court of Appeals, lawyers for Combs on Tuesday asked a panel of judges to reverse the bail findings, saying the proposed bail package 鈥渨ould plainly stop him from posing a danger to anyone or contacting any witnesses.鈥�
They urged the appeals court to reject the findings of a lower-court judge who they said had 鈥渆ndorsed the government鈥檚 exaggerated rhetoric and ordered Mr. Combs detained.鈥�
Larry Neumeister And Michael R. Sisak, The Associated Press
