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Sean "Diddy" Combs' Legal Team Files for Mistrial, Accuses Prosecutors of Presenting False Testimony

  • Writer: Victor Nwoko
    Victor Nwoko
  • Jun 10
  • 3 min read
Sean "Diddy" Combs' legal team requested a mistrial in his federal sex crimes case
Sean "Diddy" Combs' legal team requested a mistrial in his federal sex crimes case

Lawyers for Sean "Diddy" Combs have submitted a letter in the Southern District of New York supporting a renewed motion for mistrial, alleging prosecutorial misconduct and the use of perjured testimony.


Filed on June 7, the letter accuses federal prosecutors of knowingly introducing false testimony during the ongoing trial. The defense argues that the government relied on the testimony of Bryana “Bana” Bongolan, a friend of Cassandra “Cassie” Ventura, who claimed that Combs dangled her off a 17th-floor balcony in September 2016. However, Bongolan’s inability to recall key details of the alleged event — including what substances she had consumed — has raised questions about the credibility of her account.

Sean "Diddy" Combs spoke with his lawyers on the 17th day of testimony in his federal trial
Sean "Diddy" Combs spoke with his lawyers on the 17th day of testimony in his federal trial

“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,” the letter from Combs’ legal team states.


The defense emphasized that both Cassie and Bongolan presented “demonstrably false” accounts of the balcony incident, which were used to introduce otherwise inadmissible hearsay evidence. The filing alleges this was part of a broader effort to present a false narrative to jurors.


During cross-examination, Diddy’s attorney Nicole Westmoreland challenged Bongolan’s memory and timeline, asking if she recalled Diddy performing in New Jersey on September 25, 2016, and whether he and Cassie were in New York the following day. Bongolan admitted she was unaware of their whereabouts on those dates and could not confirm her own claims.


"You agree one person can’t be in two places at the same time," Westmoreland asked. "In like theory yeah… hard to answer that one," Bongolan replied. The defense then introduced metadata from photos allegedly showing her injuries, suggesting they could not have occurred at the time or place she claimed.

Bryana "Bana" Bongolan testified against Diddy last week
Bryana "Bana" Bongolan testified against Diddy last week

When asked if Combs had caused the injuries depicted in those photos, Bongolan responded, "I can’t agree with you." She also denied telling prosecutors she had been using MDMA, GHB, and cocaine, instead responding, “That’s a lot of drugs” and stating she didn’t use them that night.


The defense contends that the government should have been aware the testimony was false, stating 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." They argue that this incident is only one example of prosecutorial misconduct in the case.


Earlier in the trial, the defense also cited issues with alleged mishandling of fingerprint evidence tied to a separate incident involving rapper Kid Cudi, born Scott Mescudi. Cudi testified that Combs allegedly broke into his home and may have been involved in a car fire that destroyed his Porsche, shortly after Combs discovered his romantic involvement with Cassie.


Combs is facing multiple federal charges, including racketeering conspiracy (RICO), sex trafficking by force, fraud or coercion, and transportation to engage in prostitution. If convicted, he faces a minimum sentence of 15 years and up to life imprisonment. Throughout the proceedings, he has maintained his innocence.


The trial, which has included testimonies involving allegations of rape, sexual abuse, forced labor, and drug trafficking, is expected to conclude by July 4.

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