Lawyers for Sean “Diddy” Combs are again asking the judge overseeing his sex trafficking trial to declare a mistrial based on alleged prosecutorial misconduct.
In a letter filed on Saturday, defense attorney Alexandra Shapiro alleged that federal prosecutors presented “demonstrably false” evidence related to the allegation that Combs dangled Bryana Bongolan — a longtime friend of Combs’ ex-girlfriend and star witness Cassie Ventura — off a 17th floor apartment balcony in Los Angeles in 2016.
Combs’ lawyers are accusing Bongolan of perjury.
While Bongolan testified that she was able to document her injuries from the attack on September 26, defense attorneys showed the jury hotel receipts to prove that Combs was in New York between Sept. 24 and 29, 2016.
“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,” Shapiro wrote.
After being shown the hotel records placing Combs in New York around the time of the incident, Bongolan stood by her allegations, and prosecutors argued that the incident could have happened before Sept. 24. They argued that the episode of unexplained violence suggested to the jury that the rap mogul was “an angry and dangerous man who terrified Ms. Ventura and her friends.”
Defense lawyers last month unsuccessfully pushed for a mistrial after prosecutors tried to ask about the destruction of fingerprint evidence related to the arson investigation into Scott Mescudi’s torched sports car.
Prosecutors allege that Combs coordinated the firebombing of the car after Medscudi – known professionally as the rapper Kid Cudi – began dating Ventura. Defense attorneys argued that the line of questioning could suggest that Combs improperly tampered with the investigation into the arson, but Judge Arun Subramanian immediately denied the request.
In Saturday’s letter, defense attorneys also argued that prosecutors continued their “improper line of questioning” by asking Combs’ former assistant how she was able to avoid speeding tickets by mentioning his name.
Testifying under the pseudonym “Mia,” the woman is a former assistant of Combs who has accused the mogul of sexual assault.
“It became apparent shortly thereafter, during the questioning of Mia the very next day, that in fact the government’s motive all along must have been to suggest that Mr. Combs had corrupt influence over the LA authorities when it tried to create the impression that he was responsible for the destruction of the fingerprints,” defense lawyers argued.
Combs is charged with racketeering conspiracy, sex trafficking, and prostitution. His trial is scheduled to enter its fifth week of testimony on Monday. Combs has pleaded not guilty to all counts. If convicted, he faces the possibility of life in prison.
Prosecutors have not yet responded to Saturday’s request for a mistrial. They are expected to file a response ahead of court on Monday.
