In this letter to Judge Subramanian regarding the United States v. Combs trial, the defense objects to several exhibits the government intends to introduce during Jane Doe’s testimony—specifically, text messages and Notes App entries Jane used as a diary during her relationship with Sean Combs. The defense argues that many of these notes fail to meet the admissibility standards under Rules 801(d)(1)(B) and 803(3) of the Federal Rules of Evidence. They contend that some notes should be excluded entirely because they were written after Jane read Cassie Ventura’s lawsuit and after the government began its investigation, thereby lacking the necessary contemporaneity required under Rule 801(d)(1)(B). The defense also asserts that many of the notes do not meet Rule 803(3)’s standards regarding statements of then-existing mental state and should not be used to improperly guide Jane’s direct testimony or bolster her credibility.


Additionally, the defense objects to Exhibit C-251, arguing it contains inadmissible hearsay in the form of messages between Jane and Kristina Khorram from December 2023. They also raise a Rule 106 objection concerning the admission of certain text messages without fuller contextual information that could alter their meaning. Finally, the defense opposes the admission of Government Exhibit E-171 on both hearsay grounds and under Rule 403, asserting that its probative value is substantially outweighed by the risk of unfair prejudice. The letter urges the Court to prevent what the defense views as improper use of these materials to frame and improperly enhance Jane Doe’s testimony.


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source:

gov.uscourts.nysd.628425.401.0.pdf