The judge presiding over Sean “Diddy” Combs’ trial denied defense attorneys’ second motion for a mistrial.
Defense attorneys previously alleged “prosecutorial misconduct” in a letter to U.S. District Judge Arun Subramanian, who made his ruling Tuesday, June 10.
The letter, which was obtained by PEOPLE, claimed that “the government has presented testimony that it knew or should have known was materially false related to its allegation that Mr. Combs dangled Bryana Bongolan from the balcony of Casandra “Cassie” Ventura’s apartment in September 2016.”
Bongolan testified on the stand last week about an alleged incident, during which she claimed Combs lifted her over a 17th-floor balcony at Ventura’s apartment.
Ventura previously testified about the same alleged incident, claiming that she witnessed Combs dangling Bongolan.
The Bad Boy Records founder’s attorneys claimed in the letter to the judge that Ventura’s testimony could not have been true, citing text messages they said indicate Ventura did not find out about the balcony incident until after it happened.
“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 team argued, also claiming Ventura’s account of the incident was“demonstrably false.”
The defense had also claimed that the prosecution presented photos of the injuries sustained by Bongolan as a result of the alleged balcony incident, which were taken in Los Angeles on Sept. 26, 2016.
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Combs’ attorneys wrote that the prosecution knew “or should have known that this testimony was perjured,” and that the government knew that Combs was in New York City between Sept. 24 to Sept. 29 of that year.
The letter also claimed that the prosecution “repeatedly” tried to interrupt the defense’s cross-examination, during which they said they attempted to “expose the perjury upon cross-examination.”
But Subramanian was not convinced by the defense’s argument.
“This is not fodder for a mistrial,” he ruled. “This is the adversarial process at work,” adding that there “was absolutely no testimony from the witness that was prejudicial in any way shape or form.”
He noted Combs’ defense attorney, Nicole Westmoreland, “had a real Perry Mason moment.”
Combs is charged with sex trafficking, racketeering and transportation to engage in prostitution and had pleaded not guilty.
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