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Judge denies Sean ‘Diddy' Combs' second request for mistrial, likens cross-examination to ‘Perry Mason moment'
Judge denies Sean ‘Diddy' Combs' second request for mistrial, likens cross-examination to ‘Perry Mason moment'

CNN

time3 hours ago

  • CNN

Judge denies Sean ‘Diddy' Combs' second request for mistrial, likens cross-examination to ‘Perry Mason moment'

The judge overseeing Sean 'Diddy' Combs' criminal trial has denied the defense's second request for a mistrial over their claims of 'prosecutorial misconduct.' Over the weekend, defense attorneys for Combs filed a letter renewing their request for a mistrial, accusing the prosecution of presenting false testimony from witness Bryana Bongolan, a close friend of Cassie Ventura who testified last week that Combs once dangled her over the 17th floor balcony at Ventura's home in 2016. Judge Arun Subramanian ruled on Tuesday that the defense was not prejudiced by Bongolan's testimony because they were able to conduct a vigorous cross examination of Bongolan, specifically pertaining to the timing of the alleged balcony incident. Bongolan underwent a tense cross-examination from Combs' defense in which they presented the jury with hotel records that showed Combs was in New York at the Trump Hotel on the date that Bongolan testified she was dangled over the balcony in Los Angeles – arguing that it was not possible for Combs to have engaged in the alleged incident. 'You agree that one person can't be in two places at the same time?' Combs' attorney, Nicole Westmoreland, asked Bongolan on the stand. On Tuesday, in denying the motion for a mistrial, Judge Subramanian likened Westmoreland's cross-examination of Bongolan to a 'Perry Mason' moment.' Bongolan said during her testimony that while the details and date of the alleged incident are murky, she has 'no doubt' that the incident occurred, even if she remembered the date incorrectly. She said that she had suffered from 'night terrors' ever since the incident, and the jury was shown photos of a large bruise on Bongolan's leg, which she said was taken the same day that Combs allegedly dangled her over the balcony. On Tuesday, prosecutor Madison Smyser said in court that Bongolan could have misremembered when she took the photos of her purported injuries, and that Bongolan testified that she did not remember all the details of the alleged incident clearly. In their letter, Combs' defense wrote 'the government knew or should have known this testimony was perjured, and that Ms. Bongolan could not possibly have been injured by Mr. Combs on a Los Angeles balcony in the early morning hours of September 26, or even the day before that.' 'The government has long known that Mr. Combs was on the East Coast in late September, and specifically at around the time of this alleged incident,' the filing continued. 'And it has had other evidence in its possession for some time showing Mr. Combs's travel schedule and proving that he was on the East Coast when it told the jury he dangled Ms. Bongolan over a balcony in front of Ms. Ventura.' Combs' defense also said that Ventura's testimony that she saw Combs dangle Bongolan over the balcony was also inaccurate, claiming that she did not actually witness the incident, but rather heard about it. 'Thus, the government left the jury with the false impression that Ms. Ventura saw Mr. Combs dangle her friend over the balcony and that this made her fearful of him, when in fact—if there was any incident—Ventura merely heard about it afterwards, considerably lessening any probative value as to her state of mind,' the defense wrote. Prosecutors introduced a text message that Ventura had sent in real time to Combs' former chief-of-staff, Kristina Khorram, stating that she had found out about the balcony incident. The text message from Ventura read: 'I just found out some crazy sh*t'Ventura then said, 'He came into my house while my friends were here and we were all sleeping and they woke me up because he was ringing the bell crazy at 3 am. and when he came in I went to my room and he went at Bona choked her and then dangled her feet off the balcony. This is crazy.' Prosecutors aimed to introduce this text message in an effort to prove the alleged incident did occur. Combs' defense now claims the text message proves that Ventura merely heard about the incident, but did not actually see it happen. In calling Bongolan to testify, prosecutors said in court Thursday that it showed the jury how Combs' violence extended beyond Ventura to other people close to her. 'The incident, as alleged, is disturbing and powerful evidence, and the government has used it to depict Mr. Combs in an extremely negative light, as an angry and dangerous man who terrified Ms. Ventura and her friends,' the defense wrote in its request for a mistrial. 'The prosecutors elicited evidence about this allegation from both Ms. Ventura and Ms. Bongolan that is demonstrably false in key respects.' This is the second request for a mistrial from Combs' team. The first attempt after the prosecution questioned a Los Angeles Fire Department arson investigator about the destruction of fingerprint evidence from Kid Cudi's home. Kid Cudi and other witnesses have testified that they believe Combs blew up his car. The arson investigator said he collected a card with fingerprints previously taken at Kid Cudi's home to compare to other evidence recovered from a Molotov cocktail bottle that was found inside of the rapper's Porsche. He testified the card was destroyed by an LAPD officer. The defense objected to the line of questioning, saying the prosecution's implications were 'outrageous.' 'They were suggesting to this jury that someone in this courtroom had something to do with the improper and suspicious destruction of these fingerprints,' defense attorney Marc Agnifilo said. The judge denied that request for mistrial, saying that he does not believe that the jury was prejudiced. However, the judge instructed the jury to not consider the testimony about the fingerprint card. In their filing, Combs' defense referenced their first attempt at a mistrial, adding that another prosecution witness was also questioned about the music mogul's influence over LAPD officers. 'Mia,' who testified under a pseudonym and has alleged that Combs was physically violent and sexually assaulted her, recalled an incident in which an LAPD officer did not ticket her for speeding after she told the officer who she worked for and put them on the phone with Combs.

Judge denies Sean ‘Diddy' Combs' second request for mistrial, likens cross-examination to ‘Perry Mason moment'
Judge denies Sean ‘Diddy' Combs' second request for mistrial, likens cross-examination to ‘Perry Mason moment'

CNN

time3 hours ago

  • CNN

Judge denies Sean ‘Diddy' Combs' second request for mistrial, likens cross-examination to ‘Perry Mason moment'

The judge overseeing Sean 'Diddy' Combs' criminal trial has denied the defense's second request for a mistrial over their claims of 'prosecutorial misconduct.' Over the weekend, defense attorneys for Combs filed a letter renewing their request for a mistrial, accusing the prosecution of presenting false testimony from witness Bryana Bongolan, a close friend of Cassie Ventura who testified last week that Combs once dangled her over the 17th floor balcony at Ventura's home in 2016. Judge Arun Subramanian ruled on Tuesday that the defense was not prejudiced by Bongolan's testimony because they were able to conduct a vigorous cross examination of Bongolan, specifically pertaining to the timing of the alleged balcony incident. Bongolan underwent a tense cross-examination from Combs' defense in which they presented the jury with hotel records that showed Combs was in New York at the Trump Hotel on the date that Bongolan testified she was dangled over the balcony in Los Angeles – arguing that it was not possible for Combs to have engaged in the alleged incident. 'You agree that one person can't be in two places at the same time?' Combs' attorney, Nicole Westmoreland, asked Bongolan on the stand. On Tuesday, in denying the motion for a mistrial, Judge Subramanian likened Westmoreland's cross-examination of Bongolan to a 'Perry Mason' moment.' Bongolan said during her testimony that while the details and date of the alleged incident are murky, she has 'no doubt' that the incident occurred, even if she remembered the date incorrectly. She said that she had suffered from 'night terrors' ever since the incident, and the jury was shown photos of a large bruise on Bongolan's leg, which she said was taken the same day that Combs allegedly dangled her over the balcony. On Tuesday, prosecutor Madison Smyser said in court that Bongolan could have misremembered when she took the photos of her purported injuries, and that Bongolan testified that she did not remember all the details of the alleged incident clearly. In their letter, Combs' defense wrote 'the government knew or should have known this testimony was perjured, and that Ms. Bongolan could not possibly have been injured by Mr. Combs on a Los Angeles balcony in the early morning hours of September 26, or even the day before that.' 'The government has long known that Mr. Combs was on the East Coast in late September, and specifically at around the time of this alleged incident,' the filing continued. 'And it has had other evidence in its possession for some time showing Mr. Combs's travel schedule and proving that he was on the East Coast when it told the jury he dangled Ms. Bongolan over a balcony in front of Ms. Ventura.' Combs' defense also said that Ventura's testimony that she saw Combs dangle Bongolan over the balcony was also inaccurate, claiming that she did not actually witness the incident, but rather heard about it. 'Thus, the government left the jury with the false impression that Ms. Ventura saw Mr. Combs dangle her friend over the balcony and that this made her fearful of him, when in fact—if there was any incident—Ventura merely heard about it afterwards, considerably lessening any probative value as to her state of mind,' the defense wrote. Prosecutors introduced a text message that Ventura had sent in real time to Combs' former chief-of-staff, Kristina Khorram, stating that she had found out about the balcony incident. The text message from Ventura read: 'I just found out some crazy sh*t'Ventura then said, 'He came into my house while my friends were here and we were all sleeping and they woke me up because he was ringing the bell crazy at 3 am. and when he came in I went to my room and he went at Bona choked her and then dangled her feet off the balcony. This is crazy.' Prosecutors aimed to introduce this text message in an effort to prove the alleged incident did occur. Combs' defense now claims the text message proves that Ventura merely heard about the incident, but did not actually see it happen. In calling Bongolan to testify, prosecutors said in court Thursday that it showed the jury how Combs' violence extended beyond Ventura to other people close to her. 'The incident, as alleged, is disturbing and powerful evidence, and the government has used it to depict Mr. Combs in an extremely negative light, as an angry and dangerous man who terrified Ms. Ventura and her friends,' the defense wrote in its request for a mistrial. 'The prosecutors elicited evidence about this allegation from both Ms. Ventura and Ms. Bongolan that is demonstrably false in key respects.' This is the second request for a mistrial from Combs' team. The first attempt after the prosecution questioned a Los Angeles Fire Department arson investigator about the destruction of fingerprint evidence from Kid Cudi's home. Kid Cudi and other witnesses have testified that they believe Combs blew up his car. The arson investigator said he collected a card with fingerprints previously taken at Kid Cudi's home to compare to other evidence recovered from a Molotov cocktail bottle that was found inside of the rapper's Porsche. He testified the card was destroyed by an LAPD officer. The defense objected to the line of questioning, saying the prosecution's implications were 'outrageous.' 'They were suggesting to this jury that someone in this courtroom had something to do with the improper and suspicious destruction of these fingerprints,' defense attorney Marc Agnifilo said. The judge denied that request for mistrial, saying that he does not believe that the jury was prejudiced. However, the judge instructed the jury to not consider the testimony about the fingerprint card. In their filing, Combs' defense referenced their first attempt at a mistrial, adding that another prosecution witness was also questioned about the music mogul's influence over LAPD officers. 'Mia,' who testified under a pseudonym and has alleged that Combs was physically violent and sexually assaulted her, recalled an incident in which an LAPD officer did not ticket her for speeding after she told the officer who she worked for and put them on the phone with Combs.

Diddy's request for mistrial denied as rapper's ex reveals details of alleged forced 'hotel nights'
Diddy's request for mistrial denied as rapper's ex reveals details of alleged forced 'hotel nights'

Fox News

time3 hours ago

  • Entertainment
  • Fox News

Diddy's request for mistrial denied as rapper's ex reveals details of alleged forced 'hotel nights'

Judge Arun Subramanian denied Sean "Diddy" Combs' request for a mistrial Tuesday morning ahead of the cross-examination of the rapper's ex-girlfriend. Jurors heard testimony last week from Cassie Ventura's friend, Bryana "Bana" Bongolan, who claimed Diddy dangled her off a 17th floor balcony in September 2016. Portions of her testimony were questioned after Bana couldn't remember details of the alleged incident, including what drugs she was on at the time. Diddy's legal team argued that the prosecution knowingly presented false testimony to the court in a letter filed June 7 and obtained by Fox News Digital. Diddy's legal team wrote that Cassie and Bana each provided "demonstrably false" evidence about the balcony allegation to the court, and then "doubled down, using this false testimony to obtain a ruling admitting inadmissible hearsay evidence about it as well, all to present a false narrative to the jury." However, the federal judge ruled there was no interference. Judge Subramanian noted the defense was able to, and did, attack Bongolan's testimony to undermine her credibility. According to the judge, there was no prejudice to an exhibit that had helped the defense's case. Diddy's defense argued the issue could not be raised before Bongolan took the stand, and it's obvious she perjured herself. The defense insisted there is no basis that the government wasn't aware this testimony was false. The prosecution said there wasn't perjury and Bongolan's testimony could be explained by confusion, mistakes or faulty memory. The government pointed out Bongolan admitted she didn't remember all the details. WATCH: WITNESS DETAILS HOW DIDDY 'DANGLED' HER OVER A BALCONY IN EXPLOSIVE TESTIMONY Following Bongolan's testimony, Didddy's ex-girlfriend Jane took the stand. Testifying under a pseudonym, she told the jury about meeting the "Last Night" rapper in 2021. The two dated until Diddy's arrest in September 2024. According to Jane, she was forced to participate in "hotel nights." During these sessions, which could last anywhere from 24 hours to multiple days, she was allegedly expected to have sex with other men while Diddy watched. Jane was dating Diddy when Cassie's sexual abuse lawsuit was made public. She claimed she read three pages that showcased a similar experience to hers. "I was reading these pages, and they felt like a nightmare," she told the jury. Jane began to cry on the stand, saying she had a lot of sympathy for Cassie. "I can't believe I'm reading my own story," she recalled thinking at the time. Jane testified from Thursday through Monday. Her cross-examination began Tuesday.

Diddy Trial Judge Says Mistrial Motion Will Be Addressed Tuesday
Diddy Trial Judge Says Mistrial Motion Will Be Addressed Tuesday

Yahoo

time10 hours ago

  • Entertainment
  • Yahoo

Diddy Trial Judge Says Mistrial Motion Will Be Addressed Tuesday

Sean "Diddy" Combs has a tense 24 hours ahead of him before finding out if his legal team will succeed in getting a mistrial declared in his federal sex trafficking and racketeering case. Judge Arun Subramanian started out day 19 of the trial by announcing he will not rule on the defense's motion for mistrial until Tuesday. As we reported, Diddy's attorneys filed docs Saturday, claiming the prosecution presented untrue testimony. Cassie Ventura testified earlier in the trial she had witnessed Diddy holding Bryana Bongolan over a balcony edge. But texts appear to show Cassie texted Kristina Khorram, a Diddy employee, that she didn't actually see the alleged incident but rather learned about it afterwards ... texting "I just found out some crazy sh**." Prosecutors also entered into evidence photos of Bongolan's injuries, allegedly at the hands of Diddy from the balcony incident ... the photo metadata show they were taken on September 26, 2016 -- a date Diddy's team says their client was on the East Coast, on the other side of the country from where the alleged incident occurred, in L.A. Before the jury was seated Monday morning, Judge Subramanian said prosecutors will get to respond today to the mistrial motion ... before he addresses it tomorrow. "Jane," a former girlfriend of Diddy's testifying under a pseudonym, is set to take the stand again today, her third day. Last week she told the jury about alleged drug use during her time with Diddy, and medical complications from her "freak-off" episodes with the music mogul and others. Saturday's motion was the second time Diddy's team has filed for a mistrial ... just last month his lawyers asked for a mistrial when it came to fingerprint evidence related to the Kid Cudi investigations.

Diddy trial latest: Ex-girlfriend known as 'Jane' giving evidence for third day
Diddy trial latest: Ex-girlfriend known as 'Jane' giving evidence for third day

Sky News

timea day ago

  • Entertainment
  • Sky News

Diddy trial latest: Ex-girlfriend known as 'Jane' giving evidence for third day

14:20:59 'Jane' returns to the stand A former girlfriend of Sean "Diddy" Combs, testifying under the pseudonym "Jane", has now returned to the stand to continue giving evidence. She is wearing a white jacket. On Friday, she told jurors about days-long sex sessions with male escorts in hotels, saying she was given "multiple doses" of ecstasy to keep her awake during some of the longest "debauchery" or "hotel nights". Today is her third day on the stand. 14:15:54 Day 19: Court is in session Before testimony resumes, we are hearing a series of discussions between defence and prosecution lawyers as to whether certain pieces of evidence are admissible. Over the weekend, the defence called for a mistrial, arguing that Cassie Ventura and Bryana Bongolan lied about Bongolan being "dangled" over a 17th floor balcony by Diddy in September 2016. The defence say the government should have known this was not possible, and say Diddy was away on the East Coast at the time of the alleged incident. The government has also asked to recall Dr Hughes, a psychologist who spoke earlier in the trial, talking about 'trauma bonds' between an abuser and their victim. Both of these issues are expected to be addressed by Judge Arun Subramanian tomorrow. 14:02:38 Welcome back We are back with our live coverage of the trial of hip-hop mogul Sean "Diddy" Combs, on day 19 of the trial. Proceedings at the federal court in Manhattan are due to start at around 2pm UK time. We are scheduled to hear more evidence today from a former partner of Combs, testifying under the pseudonym "Jane". It's her third day on the witness stand, as we begin week five of the trial. 22:31:00 What you need to know after day 18 of Diddy's trial - scroll down to catch up An anonymous former girlfriend and alleged victim of Sean "Diddy" Combs continued her evidence against the rapper on the 18th day of his sex-trafficking trial. If you're just checking in, here's a round-up of all the key updates: Jane began her evidence by telling jurors that Combs would become "incensed" if she asked for the "entertainer" to wear a condom, adding the rapper said he "didn't want to see a rubber while he was watching"; As she began to recall "hotel nights" she became emotional in court, saying she was given "multiple doses" of ecstasy to keep her awake with the longest session lasting around three days; She explained that she felt she had to take the drugs "because when I wouldn't it would just feel too real"; Recalling a sobriety party in Beverly Hills, she said she went to the bathroom after having sex with two men and threw up, but Combs told her "let's go, third guy is here"; Jane said Diddy would call an assistant or security when he ran out of drugs, and told the court she also picked up a "white envelope" of drugs and "put it in my luggage" for Combs; Explaining how "entertainers" were chosen, Jane said Combs chose who took part in the hotel nights at first, before she then started to pick them from late 2021 because she "didn't like to be surprised by a stranger"; But she recalled one occasion when she was "repulsed" by an entertainer who she described as being "really sweaty" and "smelled"; Jane said Combs filmed hotel nights "several times" and even directed what he wanted her to do - from putting baby oil on the man to touching herself; The rapper also asked her to get nipple piercings because "that's what he wanted from his girl" and paid for her veneers as "he didn't like my teeth"; In a voice note played out to jurors, Combs told Jane "I can do whatever the f*** I want" after she said she needed a "breather and a break" from him; Jane will return to the stand to continue her evidence on Monday. 21:59:59 Court finishes for the day It's just reaching 5pm in New York, and that's all we're going to hear from Jane today. She will return on Monday to continue giving evidence. We'll be back with a recap of today's hearing soon - in the meantime scroll through our posts to catch up on what was said in court. 21:57:58 'At any moment he could cut me off', Jane says after Diddy voice note left her 'cold' Jurors are played an audio message from Sean "Diddy" Combs to Jane after an argument between the pair in August 2023. "I'm not going to be playing these games with you at all, nah, you are going to have a rude awakening, you will have silence," he said. "You can be mad and have a spat, that's all it is, you got me on my job, it will never work like that over here, you need to get on your job... I am trying to be clear, I am going to disappear on you." When asked about what she thought Diddy meant by saying he was going to disappear on her, Jane says she was "pretty alarmed by that message". "I was just really cold and its true that at any moment he could just do that if he wanted to... cut me off." Prosecutor Maurene Comey asks Jane what Diddy meant by telling her "you need to get on your job". "Expectations of me," she replied. "Taking care of him, being good to him, making sure he's happy. That included these nights." 21:34:20 Jane tells jurors Combs 'didn't like my teeth' and wanted her to get veneers Jane tells jurors that she got veneers after the Turks and Caicos trip because Combs "didn't like my teeth". "After the Turks trip he paid for my teeth," she says. "I got veneers because Combs didn't like my teeth... he wanted me to get new veneers. He gave me the appointment." She says Combs was also paying for her rent, and still is. In March 2023, she said that she and Combs made an agreement that he would pay her a monthly allowance. "I said 15,000 and he said 10,000," Jane says. "I started looking for new places and moved into a new home and used that budget... I had been giving him all my love and this was him giving me something." But she says the allowance was not enough to furnish her new home after moving in April 2023. "I opened three credit cards and went into debt," she adds. 21:23:19 Jane says Diddy made her apologise to entertainer after storming out of hotel on 'birthday make-up trip' After Jane fought with Combs following her birthday in 2023 that ended in a hotel night, the rapper continued to call and text her. Jane tells jurors she scheduled a trip to Paris for Fashion Week, and it was the first time she had gone on a solo trip in over two years. But a few hours before her flight, Jane says Combs repeatedly texted her and called her phone "like 30 times in a row". After she got back from Paris, she began talking to Combs again, adding "he was adamant we should see each other, and I missed him as well". Jane says Combs told her to visit Miami so they could arrange a "birthday make-up trip" and testifies that they planned the trip to Turks and Caicos. But on the second day of that trip, Paul, an entertainer, arrived at the hotel. "I remember it was really painful and me and Paul tried to have sex but I really couldn't... I was very sore at this point," she tells jurors. She says Combs got "very upset" so she threw a bracelet he had given her against the wall and stormed out of the villa. Jane adds that Combs told her to apologise to Paul. 21:07:30 In pictures: Diddy's alleged victim weeps in court - as mogul looks on during her testimony Courtroom sketches from today's proceedings show Jane, an alleged victim of Combs, weeping on the stand - and of the producer-turned rapper watching her give testimony. 20:52:49 Jane wrote 'you're a pathological liar' about Combs in note Jurors are shown a note Jane wrote to herself on 12 February in 2023. She explains the note contains what she wanted to tell Combs. "If you don't want me, that's fine I just accept the fact that you are a pathological liar," she wrote in the note. Jane adds that she wrote the note so she could "think out what I was feeling", adding that notes were copied into texts. In a text to Combs, she told him "anything outside of the hotel I am a joke to you... romance is spending time with love and happiness, not someone you call on Friday to get high".

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