The Government's Motion To Allow Cassie To Confer With Her Lawyers Between Direct And Cross (5/15/25)

In a letter to Judge Arun Subramanian, the Government opposed Sean "Diddy" Combs’s request to bar witnesses from speaking with their attorneys during breaks in cross-examination. Prosecutors argued that the defense provided no legal precedent supporting such a prohibition, especially regarding third-party witnesses with independent counsel. The Government noted that the defense’s reliance on Perry v. Leeke was misplaced, as that Supreme Court decision focused specifically on a testifying defendant’s communication with their attorney during a brief recess—not third-party witnesses.

The letter emphasized that the Supreme Court, in Perry, actually underscored the constitutional limits of such communication bans, particularly that overnight restrictions would violate the Sixth Amendment. The Government also cited United States v. Triumph Capital Group, a Second Circuit case, to highlight that brief, mid-day limitations on defendant-attorney discussions may be permissible, but broader restrictions—especially those impacting non-party witnesses—pose serious constitutional concerns. Ultimately, the Government asked the court to reject the defense’s request and preserve witnesses' rights to consult with counsel during trial breaks.


to contact me:

bobbycapucci@protonmail.com



source:

gov.uscourts.nysd.628425.333.0.pdf