Diddy And The Prosecution Continue The Battle Over Evidence Behind The Scenes (6/25/25)

The Epstein Chronicles

On May 18, 2025, the Government submitted a letter to Judge Arun Subramanian in United States v. Combs, S3 24 Cr. 542 (AS), addressing unresolved issues regarding witnesses for the upcoming trial session. The letter highlights a dispute over the introduction of text communications between Dawn Richard and the defendant, Sean Combs, from 2020 to 2023, which the defense plans to present under the hearsay exception for the declarant’s then-existing state of mind (Rule 803(3)). The communications involve Ms. Richard initiating contact with Combs, discussing professional matters, and expressing affection for him. The Government objects to the introduction of these messages, arguing they are irrelevant to her expected testimony, which focuses on events from 2009 to 2011. Additionally, the Government notes that the defense's proffered evidence does not relate to Ms. Richard’s state of mind during the relevant time period, nor does it support her testimony.
The letter also addresses Kerry Morgan and David James, who are involved in the same issue. The defense seeks to use communications from both of these individuals, but the Government asserts that these too are irrelevant and should be excluded. The Government further argues that the text exchanges between Ms. Richard and Combs cannot be used for impeachment, as they would actually corroborate Ms. Richard’s testimony. She is expected to testify that, after leaving her employment with Combs in 2011, she intentionally maintained a professional relationship with him, given his past threats. Therefore, the affectionate nature of the text messages would support, rather than challenge, her testimony. The Government requests that the Court preclude these communications from being introduced as evidence.
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source:
gov.uscourts.nysd.628425.355.0.pdf
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