Sean 'Diddy' Combs seeks mistrial over balcony incident testimony

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Attorneys for Sean "Diddy" Combs filed a letter in help of a renewed movement for a mistrial, citing prosecutorial misconduct, based on paperwork obtained by Fox Information Digital.

Within the letter, filed June 7 within the Southern District of New York, Diddy's legal team argued that the prosecution knowingly introduced false testimony to the court docket.

Jurors heard testimony final week from Cassie Ventura's good friend, Bryana "Bana" Bongolan, who claimed Diddy dangled her off a seventeenth flooring balcony in September 2016. Parts of her testimony have been questioned after Bana could not bear in mind particulars of the alleged incident, together with what medication she was on on the time.

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Sean "Diddy" Combs' authorized workforce requested a mistrial in his federal intercourse crimes case. (Getty Photographs)

"When the introduction of perjured testimony leads to a legal conviction, and 'the prosecution knew or ought to have identified of the perjury, the conviction should be put aside ‘if there's any cheap probability that the false testimony might have affected the judgment of the jury,'" Diddy's workforce wrote.

"Furthermore 'the prosecutor’s realizing use of perjured testimony can violate the Due Course of Clause even when it solely undermines a witness’s credibility.'"

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Diddy's authorized workforce wrote that Cassie and Bana every offered "demonstrably false" proof in regards to the balcony allegation to the court docket, after which "doubled down, utilizing this false testimony to acquire a ruling admitting inadmissible rumour proof about it as nicely, all to current a false narrative to the jury."

Sean "Diddy" Combs spoke along with his legal professionals on the seventeenth day of testimony in his federal trial. (Jane Rosenberg)

Bana took the stand on behalf of the federal government final week, and testified towards the "Final Night time" rapper over the course of two days. Bana confirmed she labored on the Bad Boy Reunion tour , which was additionally in September 2016. She mentioned she did not bear in mind Cassie or Diddy's journey schedule throughout that month.

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Diddy's lawyer, Nicole Westmoreland , confirmed Bana paperwork to refresh her reminiscence. The protection lawyer then requested if Diddy was on stage in New Jersey on Sept. 25, 2016, to which she mentioned she couldn’t recall. Westmoreland requested if Diddy and Cassie have been in New York on Sept. 26, 2016, to which Bana mentioned she was unaware. There was a short sidebar.

Westmoreland once more requested if she was conscious that Diddy and Cassie have been in New York on Sept. 26, 2016. She mentioned no. Westmoreland requested Bana if she was conscious there was a signing at Macy’s. Bana once more mentioned no.

"You agree one particular person can’t be in two locations on the similar time," Westmoreland mentioned. Bana replied, "In like concept yeah … laborious to reply that one."

Bryana "Bana" Bongolan testified towards Diddy final week. (Eduardo Munoz)

Cassie Ventura testified towards Sean "Diddy" Combs' federal trial for intercourse crimes. (Jane Rosenberg)

Westmoreland continued questioning Bana in regards to the alleged accidents she had from the balcony incident and images she took.

"Mr. Combs didn't trigger you the accidents that we noticed in your telephone…with the metadata September 26," she mentioned to Bana.

"I can’t agree with you," she replied.

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Westmoreland additionally requested if Bana informed the federal government she was on MDMA, GHB and cocaine. Bana mentioned, "I didn’t say these phrases." She claimed "that’s quite a lot of medication" and mentioned she didn’t do them that evening.

"The federal government knew or ought to have identified this testimony was perjured, and that Ms. Bongolan couldn't presumably have been injured by Mr. Combs on a Los Angeles balcony within the early morning hours of September 26, and even the day earlier than that," the letter requesting a mistrial acknowledged.

"It bears emphasis that the usage of the perjured testimony relating to the balcony incident is only one instance of prosecutorial misconduct throughout this trial."

Regina and Rodrick Ventura, Cassie Ventura's mother and father, arrived in court docket final month. Regina testified on behalf of the federal government within the Sean "Diddy" Combs federal trial. (Rashid Umar Abbasi for Fox Information Digital)

The protection beforehand requested a mistrial based mostly on questions associated to the alleged destruction of fingerprints Child Cudi (Scott Mescudi) offered to the Los Angeles Police Division following an incident at his residence.

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The six-time Grammy-nominated rapper testified about Diddy allegedly breaking into his residence. Child Cudi additionally mentioned he believed the disgraced music mogul was concerned in a automotive hearth that left his Porsche broken past restore. Based on Child Cudi, each incidents happened after Diddy came upon about his relationship with Diddy's on-and-off once more girlfriend Cassie.

In a federal indictment unsealed on Sept. 17, Diddy was charged with racketeering conspiracy (RICO); intercourse trafficking by power, fraud or coercion; and transportation to have interaction in prostitution. If discovered responsible, he faces a minimal of 15 years behind bars or a most sentence of life in jail.

Child Cudi testified Could 22 in Sean "Diddy" Combs' sex-trafficking trial. (Rashid Umar Abbasi for Fox Information Digital)

He has maintained his innocence all through the trial, during which witnesses have testified to alleged rape, sexual assault, extreme bodily abuse, compelled labor and drug trafficking.