Diddy’s Lawyers Request Mistrial, Accuse Prosecutors of Using False Testimony
Diddy’s lawyers say a witness lied about a 2016 balcony incident and prosecutors used it, asking the judge for mistrial.
Sean "Diddy" Combs’ legal team is calling for a mistrial, accusing prosecutors of misconduct and knowingly using false testimony in court.
The request was made in a letter filed June 7 in the Southern District of New York, according to Fox News Digital. In the letter, Diddy’s lawyers argue that the prosecution relied on a witness who gave false testimony, which may have influenced the jury.
The issue centers on testimony from Bryana "Bana" Bongolan, a friend of singer Cassie Ventura. Bongolan told the court that Diddy held her over a 17th-floor balcony in September 2016. But when questioned further, she struggled to recall key details—including what substances she may have taken that night.
Diddy's attorneys said this should not have been allowed to stand.
"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 legal team wrote, as reported by Fox News.
"Moreover, 'the prosecutor’s knowing use of perjured testimony can violate the Due Process Clause even if it only undermines a witness’s credibility.'"
According to Diddy’s defense, both Cassie and Bongolan gave “demonstrably false” statements about the balcony story. They claim the prosecution used that testimony to bring in additional evidence that should not have been allowed, building what they call a misleading narrative for the jury.
While testifying over two days, Bongolan admitted she worked on Diddy’s Bad Boy Reunion Tour in September 2016. But she couldn’t remember if Diddy performed in New Jersey on September 25 or if he and Cassie were in New York the next day.
Diddy’s lawyer, Nicole Westmoreland, reportedly showed her documents to help her recall the timeline, then asked:
“You agree one person can’t be in two places at the same time?”
Bongolan answered, “In like theory yeah … hard to answer that one.”
Westmoreland also questioned Bongolan about drug use, asking if she told the government she had taken MDMA, GHB, and cocaine. Bongolan replied, “I didn’t say those words,” and added, “that’s a lot of drugs,” insisting she didn’t take them that night.
Diddy’s team argued the timeline didn’t match and that the government should have realized the story didn’t add up.
“The government knew or should have known this testimony was perjured,” the letter states, saying Diddy could not have harmed Bongolan on a Los Angeles balcony if he was in New Jersey or New York at the time.
“It bears emphasis that the use of the perjured testimony regarding the balcony incident is just one example of prosecutorial misconduct during this trial.”
Now, it’s up to the judge to decide whether the trial should continue—or start over.
