The judge overseeing American rapper Sean “Diddy” Combs‘ criminal trial has once again rejected the defence’s request for a mistrial, dismissing claims of “prosecutorial misconduct.”
This marks the second such denial in the ongoing proceedings.
Over the weekend, Combs’ defence attorneys filed a letter renewing their motion for a mistrial, accusing the prosecution of presenting false testimony from Bryana Bongolan, a close friend of Cassie Ventura.
Bongolan testified last week that Combs allegedly dangled her over a 17th-floor balcony at Ventura’s Los Angeles home in 2016.
However, Judge Arun Subramanian ruled on Tuesday that the defence was not prejudiced by Bongolan’s testimony because they conducted a “vigorous” cross-examination, akin to a “Perry Mason” moment, specifically challenging the timing of the alleged incident.
During the cross-examination, Combs’ attorney, Nicole Westmoreland, presented hotel records showing Combs was in New York at the Trump Hotel on the date Bongolan cited for the incident, arguing he couldn’t have been in Los Angeles.
Despite the discrepancy in dates, Bongolan maintained during her testimony that while the details and date were “murky,” she had “no doubt” the incident occurred.
She claimed to have suffered “night terrors” since and presented photos of a large bruise on her leg, which she said were taken the same day as the alleged balcony incident.
Prosecutor Madison Smyser suggested Bongolan might have misremembered the photo’s date and emphasised her earlier testimony about not recalling all details.
Combs’ defence argued in their letter that the prosecution “knew or should have known this testimony was perjured,” asserting that Combs’ travel schedule proved he was on the East Coast during the alleged incident.
They also contested Ventura’s testimony, claiming she didn’t witness the balcony incident firsthand but merely heard about it, thus lessening its probative value regarding her state of mind.
Prosecutors countered by introducing a text message Ventura sent in real-time to Combs’ former chief-of-staff, Kristina Khorram, stating she had “just found out some crazy sh*t” and detailing the alleged incident, aiming to prove its occurrence. The defence, however, now claims this text message proves Ventura only heard about it.
Prosecutors had called Bongolan to testify to demonstrate how Combs’ alleged violence extended beyond Ventura to others close to her. The defence argued this testimony was “disturbing and powerful evidence” used to paint Combs as “an angry and dangerous man,” but maintained it was “demonstrably false in key respects.”
The first mistrial request from Combs’ team came after the prosecution questioned a Los Angeles Fire Department arson investigator about the destruction of fingerprint evidence related to Kid Cudi’s home, where witnesses claim Combs blew up his car.
The judge denied that request, instructing the jury to disregard the testimony about the destroyed fingerprint card.
Combs’ defence also referenced testimony from another prosecution witness, “Mia” (a pseudonym), who claimed Combs influenced LAPD officers, citing an incident where an officer did not issue her a speeding ticket after she spoke with Combs.
