Diddy files for mistrial over alleged false testimony in federal court about 2016 balcony incident

Lawyers for Sean Diddy Combs filed a letter in help of a renewed motion for a mistrial citing prosecutorial misconduct according to documents obtained by Fox News Digital In the letter filed June in the Southern District of New York Diddy's legal band argued that the prosecution knowingly presented false testimony to the court Jurors heard testimony last week from Cassie Ventura's friend Bryana Bana Bongolan who claimed Diddy dangled her off a th floor balcony in September Portions of her testimony were questioned after Bana couldn't remember details of the alleged situation including what drugs she was on at the time MADONNA LEONARDO DICAPRIO NAME-DROPPED DURING DIDDY'S FEDERAL TRIAL IN EXPLOSIVE TESTIMONY 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 ' Diddy's crew wrote Moreover 'the prosecutor s knowing use of perjured testimony can violate the Due Process Clause even if it only undermines a witness s credibility ' BILLY BUSH SAYS DIDDY'S ALLEGED BALCONY DEVELOPMENT ECHOES SICK BEHAVIOR IN HIT TV SHOWDiddy's legal company wrote that Cassie and Bana each provided demonstrably false evidence about the balcony allegation to the court and then doubled down using this false testimony to obtain a ruling admitting inadmissible hearsay evidence about it as well all to present a false narrative to the jury Bana took the stand on behalf of the governing body last week and testified against the Last Night rapper over the syllabus of two days Bana authenticated she worked on the Bad Boy Reunion tour which was also in September She declared she didn't remember Cassie or Diddy's tour schedule during that month LIKE WHAT YOU RE READING CLICK HERE FOR MORE ENTERTAINMENT NEWSDiddy's lawyer Nicole Westmoreland evidenced Bana documents to refresh her memory The defense lawyer then sought if Diddy was on stage in New Jersey on Sept to which she explained she couldn t recall Westmoreland required if Diddy and Cassie were in New York on Sept to which Bana declared she was unaware There was a brief sidebar Westmoreland again questioned if she was aware that Diddy and Cassie were in New York on Sept She declared no Westmoreland petitioned Bana if she was aware there was a signing at Macy s Bana again declared no You agree one person can t be in two places at the same time Westmoreland stated Bana replied In like theory yeah hard to answer that one Westmoreland continued questioning Bana about the alleged injuries she had from the balcony circumstance and photos she took Mr Combs did not cause you the injuries that we saw on your phone with the metadata September she noted to Bana I can t agree with you she replied CLICK HERE TO GET THE ENTERTAINMENT NEWSLETTERWestmoreland also questioned if Bana informed the ruling body she was on MDMA GHB and cocaine Bana reported I didn t say those words She claimed that s a lot of drugs and mentioned she didn t do them that night The administration 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 or even the day before that the letter requesting a mistrial stated It bears emphasis that the use of the perjured testimony regarding the balcony affair is just one example of prosecutorial misconduct during this trial The defense previously requested a mistrial based on questions related to the alleged destruction of fingerprints Kid Cudi Scott Mescudi provided to the Los Angeles Police Department following an matter at his home CLICK HERE TO GET THE FOX NEWS APPThe six-time Grammy-nominated rapper testified about Diddy allegedly urgent into his home Kid Cudi also declared he assumed the disgraced music mogul was involved in a car fire that left his Porsche damaged beyond repair According to Kid Cudi both incidents took place after Diddy located out about his relationship with Diddy's on-and-off again girlfriend Cassie In a federal indictment unsealed on Sept Diddy was charged with racketeering conspiracy RICO sex trafficking by force fraud or coercion and transportation to engage in prostitution If ascertained guilty he faces a minimum of years behind bars or a maximum sentence of life in prison He has maintained his innocence throughout the trial in which observers have testified to alleged rape sexual assault severe physical abuse forced labor and drug trafficking The trial is expected to wrap up by July Fox News Digital's Lauryn Overhultz contributed to this summary