Latest news with #prosecutorialmisconduct
CBS News
22-07-2025
- Politics
- CBS News
Petition to state Supreme Court says Washington County DA is abusing power to seek death penalty
A team of defense attorneys filed a petition against the Washington County district attorney on Tuesday, claiming he's abused his power to seek the death penalty. Frances Harvey is with the Atlantic Center for Capital Representation, a non-profit organization that offers support for defendants in death penalty cases. The organization is now petitioning the Pennsylvania Supreme Court on behalf of two people currently facing the possibility of death in Washington County. "He can't exercise discretion to choose what we usually think of as the worst of the worst cases," Harvey said. "In every case, we see that he's making this decision about the death penalty in a way that's not related to the actual facts of the case." In the court filing, the organization argues that since Washington County District Attorney Jason Walsh took office in 2021, he's sought the death sentence in 11 out of 18 homicides, and has misused the prospect of the death penalty to pressure defendants into guilty pleas, force their cooperation, and as a political tool. The attorneys also say at one point Walsh was prosecuting about a quarter of the capital cases in the state, despite the county representing only 1.6 percent of the population. The petition is requesting for "some or all" of the following changes: for Walsh to be required to have an out-of-county judge, the state Attorney General's office, or a court-appointed special master to review death penalty decisions; to prohibit Walsh from seeking death sentences in the petitioners' cases; and to get an outside judge to review every capital case since 2021. "It's absolutely ludicrous, nonsensical, without merit, filed by a liberal think tank that's anti-death penalty from Philadelphia," Walsh said. Despite the petition arguing Walsh has frequently failed to show evidence of first-degree murder and aggravating factors, Walsh said the vast majority of his cases have dealt with babies, and that age as an aggravating factor can easily be argued in court. "This office will protect the most vulnerable in society, which children fit into," Walsh said. "We will seek justice and punish to the highest extent of the law people who brutally beat babies." The DA has 14 days to respond to the petition. It's important to note that since the 1970s, only three people have been executed in Pennsylvania, and a moratorium remains in effect.
CTV News
10-06-2025
- CTV News
Judge denies Sean ‘Diddy' Combs' second request for mistrial, likens cross-examination to ‘Perry Mason moment'
Sean "Diddy" Combs confers with his lawyers after meeting with U.S. District Judge Arun Subramanian in his chambers on June 9. (Jane Rosenberg/Reuters via CNN Newsource) The judge overseeing Sean 'Diddy' Combs' criminal trial has denied the defence's second request for a mistrial over their claims of 'prosecutorial misconduct.' Over the weekend, defence 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 defence 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' defence 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' defence 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' defence 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 defence 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' defence 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 defence 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 defence 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,' defence 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' defence 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.
CNN
10-06-2025
- 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.
Yahoo
09-06-2025
- Entertainment
- Yahoo
Diddy files for mistrial over alleged false testimony in federal court about 2016 balcony incident
Lawyers for Sean "Diddy" Combs filed a letter in support of a renewed motion for a mistrial, citing prosecutorial misconduct, according to documents obtained by Fox News Digital. In the letter, filed June 7 in the Southern District of New York, Diddy's legal team argued that the prosecution knowingly presented false testimony to the court. 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. Madonna, Leonardo Dicaprio Name-dropped During Diddy's Federal Trial In Explosive Testimony "When the introduction of perjured testimony results in a criminal conviction, and 'the prosecution knew or should have known of the perjury, the conviction must be set aside 'if there is any reasonable likelihood that the false testimony could have affected the judgment of the jury,'" Diddy's team wrote. "Moreover 'the prosecutor's knowing use of perjured testimony can violate the Due Process Clause even if it only undermines a witness's credibility.'" Read On The Fox News App Billy Bush Says Diddy's Alleged Balcony Incident Echoes 'Sick' Behavior In Hit Tv Show 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." Bana took the stand on behalf of the government last week, and testified against the "Last Night" rapper over the course of two days. Bana confirmed she worked on the Bad Boy Reunion tour, which was also in September 2016. She said she didn't remember Cassie or Diddy's travel schedule during that month. Like What You're Reading? Click Here For More Entertainment News Diddy's lawyer, Nicole Westmoreland, showed Bana documents to refresh her memory. The defense lawyer then asked if Diddy was on stage in New Jersey on Sept. 25, 2016, to which she said she couldn't recall. Westmoreland asked if Diddy and Cassie were in New York on Sept. 26, 2016, to which Bana said she was unaware. There was a brief sidebar. Westmoreland again asked if she was aware that Diddy and Cassie were in New York on Sept. 26, 2016. She said no. Westmoreland asked Bana if she was aware there was a signing at Macy's. Bana again said no. "You agree one person can't be in two places at the same time," Westmoreland said. Bana replied, "In like theory yeah … hard to answer that one." Westmoreland continued questioning Bana about the alleged injuries she had from the balcony incident and photos she took. "Mr. Combs did not cause you the injuries that we saw on your phone…with the metadata September 26," she said to Bana. "I can't agree with you," she replied. Click Here To Get The Entertainment Newsletter Westmoreland also asked if Bana told the government she was on MDMA, GHB and cocaine. Bana said, "I didn't say those words." She claimed "that's a lot of drugs" and said she didn't do them that night. "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 letter requesting a mistrial stated. "It bears emphasis that the use of the perjured testimony regarding the balcony incident is just one example of prosecutorial misconduct during this trial." The defense previously requested a mistrial based on questions related to the alleged destruction of fingerprints Kid Cudi (Scott Mescudi) provided to the Los Angeles Police Department following an incident at his home. The six-time Grammy-nominated rapper testified about Diddy allegedly breaking into his home. Kid Cudi also said he believed the disgraced music mogul was involved in a car fire that left his Porsche damaged beyond repair. According to Kid Cudi, both incidents took place after Diddy found out about his relationship with Diddy's on-and-off again girlfriend Cassie. In a federal indictment unsealed on Sept. 17, Diddy was charged with racketeering conspiracy (RICO); sex trafficking by force, fraud or coercion; and transportation to engage in prostitution. If found guilty, he faces a minimum of 15 years behind bars or a maximum sentence of life in prison. He has maintained his innocence throughout the trial, in which witnesses have testified to alleged rape, sexual assault, severe physical abuse, forced labor and drug trafficking. The trial is expected to wrap up by July 4. Fox News Digital's Lauryn Overhultz contributed to this article source: Diddy files for mistrial over alleged false testimony in federal court about 2016 balcony incident
Fox News
09-06-2025
- Entertainment
- Fox News
Diddy files for mistrial over alleged false testimony in federal court about 2016 balcony incident
Lawyers for Sean "Diddy" Combs filed a letter in support of a renewed motion for a mistrial, citing prosecutorial misconduct, according to documents obtained by Fox News Digital. In the letter, filed June 7 in the Southern District of New York, Diddy's legal team argued that the prosecution knowingly presented false testimony to the court. 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. "When the introduction of perjured testimony results in a criminal conviction, and 'the prosecution knew or should have known of the perjury, the conviction must be set aside 'if there is any reasonable likelihood that the false testimony could have affected the judgment of the jury,'" Diddy's team wrote. "Moreover 'the prosecutor's knowing use of perjured testimony can violate the Due Process Clause even if it only undermines a witness's credibility.'" 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." Bana took the stand on behalf of the government last week, and testified against the "Last Night" rapper over the course of two days. Bana confirmed she worked on the Bad Boy Reunion tour, which was also in September 2016. She said she didn't remember Cassie or Diddy's travel schedule during that month. Diddy's lawyer, Nicole Westmoreland, showed Bana documents to refresh her memory. The defense lawyer then asked if Diddy was on stage in New Jersey on Sept. 25, 2016, to which she said she couldn't recall. Westmoreland asked if Diddy and Cassie were in New York on Sept. 26, 2016, to which Bana said she was unaware. There was a brief sidebar. Westmoreland again asked if she was aware that Diddy and Cassie were in New York on Sept. 26, 2016. She said no. Westmoreland asked Bana if she was aware there was a signing at Macy's. Bana again said no. "You agree one person can't be in two places at the same time," Westmoreland said. Bana replied, "In like theory yeah … hard to answer that one." Westmoreland continued questioning Bana about the alleged injuries she had from the balcony incident and photos she took. "Mr. Combs did not cause you the injuries that we saw on your phone…with the metadata September 26," she said to Bana. "I can't agree with you," she replied. Westmoreland also asked if Bana told the government she was on MDMA, GHB and cocaine. Bana said, "I didn't say those words." She claimed "that's a lot of drugs" and said she didn't do them that night. "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 letter requesting a mistrial stated. "It bears emphasis that the use of the perjured testimony regarding the balcony incident is just one example of prosecutorial misconduct during this trial." The defense previously requested a mistrial based on questions related to the alleged destruction of fingerprints Kid Cudi (Scott Mescudi) provided to the Los Angeles Police Department following an incident at his home. The six-time Grammy-nominated rapper testified about Diddy allegedly breaking into his home. Kid Cudi also said he believed the disgraced music mogul was involved in a car fire that left his Porsche damaged beyond repair. According to Kid Cudi, both incidents took place after Diddy found out about his relationship with Diddy's on-and-off again girlfriend Cassie. In a federal indictment unsealed on Sept. 17, Diddy was charged with racketeering conspiracy (RICO); sex trafficking by force, fraud or coercion; and transportation to engage in prostitution. If found guilty, he faces a minimum of 15 years behind bars or a maximum sentence of life in prison. He has maintained his innocence throughout the trial, in which witnesses have testified to alleged rape, sexual assault, severe physical abuse, forced labor and drug trafficking. The trial is expected to wrap up by July 4.
