The judge overseeing Sean “Diddy” Combs’ federal criminal trial threatened to have him removed from the courtroom on Thursday if he continued interacting with the jury.
Judge Arun Subramanian told lawyers that he twice saw Combs looking at the jury and “nodding vigorously” during the cross-examination of Bryana “Bana” Bongolan.
The judge called it “absolutely unacceptable” and warned Combs’ lawyers that if he saw such a display in front of the jury by Combs again, it “could result in the exclusion of your client from the courtroom.” Defense attorney Marc Agnifilo said he understood, and Subramanian said: “It cannot happen again.”
The judge then added sternly: “There should be no efforts whatsoever to have an interaction with this jury.”
Testimony resumed Thursday morning with the defense continuing to cross-examine Bongolan, a graphic designer who was once friends with Combs’ ex-girlfriend, Casandra Ventura Fine, known as “Cassie.”
Bongolan had testified Wednesday that an angry Combs once dangled her over a balcony of a Los Angeles high-rise apartment building for 10 to 15 seconds. She says the 2016 episode traumatized her and left her with lasting nightmares. For a time afterward, she said she would wake up screaming.
Combs’ lawyers say Bongolan was a heavy drug user and may have been high during the alleged assault, which she denies. Bongolan has a pending lawsuit against Combs.
Defense attorney Nicole Westmoreland pressed Bongolan on inconsistencies Thursday, suggesting she lied or exaggerated some of her claims.
The lawyer said Combs might not have even been in Los Angeles when Bongolan alleges he dangled her from the balcony. Combs was performing on tour for most of September 2016, including dates on the East Coast around the time cellphone metadata shows she took pictures of her alleged injuries.
“You agree that one person can’t be in two places at the same time,” Westmoreland asked.
Bongolan responded: “In like theory, yeah. It’s hard to answer that one.”
Questioned again by prosecutors, Bongolan said that while she doesn’t recall the exact date, she has no doubt that the balcony episode happened.
The lawyer also elicited from Bongolan that Combs did not squeeze her breasts so hard that they bruised during the balcony episode. Bongolan acknowledged that she fired the lawyer who made some erroneous claims, including about bruises to her breasts.
Bongolan also acknowledged she smoked marijuana with Combs not long after the balcony episode, then went to one of his concerts a week later and a private party he held around the same time.
“You weren’t too fearful enough to not go to Mr. Combs’ event, were you?” Westmoreland asked.
“I always had a feeling inside, but yes, I went,” Bongolan said.
Bongolan also previously testified that she saw Combs abusing Cassie.
Another ex-girlfriend who says Combs abused her and forced her into drug-fueled sex marathons was expected to testify Thursday.
The woman, using the pseudonym “Jane,” is among several witnesses who accuse Combs of violence toward them. Cassie has testified Combs assaulted her numerous times and made her endure “hundreds” of sexual performances called ” freak-offs ” that he allegedly watched and filmed.
Jane, a single mother, dated Combs for three years beginning in 2020, about two years after his relationship with Cassie ended. Prosecutors said Combs’ relationship with Jane began as a romance but soon became reliant on her freak-offs with male sex workers.
Jane’s testimony will feature an added level of secrecy to protect her privacy: TV monitors that usually show courtroom exhibits to the public will be turned off. Judge Arun Subramanian agreed with prosecutors that the exhibits, including text messages and photos, include identifying information about Jane. Video and audio of the witness, the judge and attorneys will still be shown.
Prosecutor Maurene Comey said redacted versions of the evidence — with identifying information removed — will be made public the day after the jury sees them. She said Jane will also read aloud any text messages entered as evidence. Unlike an earlier anonymous witness, Jane has too many texts for same-day redaction, prosecutors said.
Subramanian rejected a request by news organizations to delay the trial or rearrange witnesses to give prosecutors time for redactions. He warned observers not to describe or sketch Jane in a way that could reveal her identity.
Combs, 55, has pleaded not guilty to charges of running his business empire as a racketeering enterprise that enabled and concealed the abuse of women over two decades. He faces 15 years to life if convicted.
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