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.
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“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.'”
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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.
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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.
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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.
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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 report.
