Thursday, June 5, was a no-nonsense day in Manhattan federal court, where Sean “Diddy” Combs was savaged by U.S. District Court Judge Jesse M. Subramanian for his ongoing racketeering and sex trafficking trial. The reason is not what was said but what was seen.
Diddy was “nodding vigorously” when jurors were testifying, and the judge said something that didn’t go unnoticed in a courtroom. Indeed, according to Judge Subramanian, it was possibly influential behavior concerning the jury. That brought a direct warning from the judge to Diddy’s defense attorney, Jeffrey Lichtman, that the judge might consider giving a limiting instruction to the jury or, worse, barring the Bad Boy founder from his trial.
The incident occurred during the cross-examination of their designer and longtime friend, Bryana “Bana” Bongolan. Bongolan had previously testified to chilling allegations, including an episode in 2016 during which she said Diddy dangled her over a 17-story balcony and later threw her onto patio furniture. In addition to her testimony, she also alleged that Diddy threatened her life with “I’m the devil, and I could kill you.”
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Defense attorney Nicole Westmoreland came out swinging as she tried to tear down Bongolan’s integrity. She also pressed Bongolan on why she still worked with both Diddy and Cassie after the alleged attack. Texts and event attendance in the ensuing weeks were cited as evidence of inconsistency in her story.
“You’re still getting high with Cassie, May 31, 2016?” Westmoreland asked. “Yes,” Bongolan said without a moment’s hesitation.
And that exchange was just one moment in a lengthy, needling cross-examination. Westmoreland also raised questions about the source of Bongolan’s civil suit, implying that the case was initiated by her former attorney, Tyrone Blackburn, who included sexual assault claims that Bongolan repeated, she admitted. Even though, she claims, she knew they were false. Bongolan conceded she did not write the demand letters in the case and had not re-read notes from her past interviews.
When confronted head-on about whether she accused Diddy of sexual assault to court a lawsuit, Bongolan paused, looking awkward. “It’s tough to commit to the entire sentence,” she said.
And though her testimony was dissected to death, it was Diddy’s lack of words or courtroom theatrics that was the headline. Whether he sought to establish rapport with jurors or respond to testimony, the judge’s message was clear: This trial is serious business, and any conduct that appears to resemble jury tampering will not be countenanced. As tensions rise and more testimony is expected, this trial isn’t only about what’s said on the stand and what’s viewed in the seats.
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