In the fourth week of Sean “Diddy” Combs’ federal criminal trial in the Southern District of New York, the defense filed a second motion for a mistrial after witness Bryana “Bana” Bongolan testified that Combs held her over a 17th-floor balcony in Los Angeles. Jurors also heard audio from an encounter involving Jane, in which she asked a male escort to use a condom before Combs intervened. The motion was still undecided when Rolling Stone published its recap on June 9, 2025.
Why the defense filed a second mistrial motion
The motion followed Bongolan’s testimony about an alleged incident in September 2016. She testified that Combs held her over a balcony railing and then threw her onto patio furniture. Her account was testimony, not a finding by the court.
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The defense argued that the account was false in key respects and prejudicial, saying the government had used it to portray Combs as dangerous. It challenged the timeline by pointing to the date of a photograph associated with the injury and records it said placed Combs in New York at the time. Bongolan testified that she had no doubt the event occurred. Rolling Stone reported that the judge had not ruled on the second mistrial motion as of its June 9, 2025 publication.
What the ‘Freak-Off’ audio was reported to capture
According to Rolling Stone’s courtroom recap, jurors heard audio involving Jane and a male escort. Jane could be heard asking the escort to use a condom; Combs then interrupted. The recording also included music. When asked what she understood Combs to mean by a remark, Jane said: “I understood he was saying if you don’t just move on from this and just forget about it.” Rolling Stone reported that this was the first time jurors heard audio from an encounter involving Jane during the trial.
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The Associated Press likewise reported Jane’s testimony that Combs intervened to stop condom use despite her request, and described the audio as the first recording from the “hotel nights” played during that fourth week. These are descriptions of testimony and the recording in courtroom reporting, not a complete transcript or an independent account of every sound on the exhibit.
How the testimony and recording fit into the trial
The balcony account and the audio raised distinct issues. Bongolan’s testimony prompted the defense to argue that a witness’s account was false and would unfairly influence the jury; the condom-related testimony and recording concerned Jane’s account of an encounter with an escort and Combs. Neither a defense argument nor a witness’s allegation is itself a court finding.
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As broader context, the AP’s overview of the full trial reported that jurors heard from 34 witnesses over seven weeks. That figure describes the trial as a whole, not just the fourth week. The overview also covers prosecution evidence and defense cross-examinations, which formed part of the wider record against which jurors heard individual witnesses.
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A third-party trial archive’s exhibit index lists multiple audio exhibits associated with Jane’s testimony, including material admitted under seal. That index is not an official transcript or court order, and news summaries should not be treated as a complete, publicly reviewable account of the underlying audio. The June 9 recap establishes only that the second mistrial motion was pending at that publication date; it does not establish a later ruling.
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Sources
- Rolling Stone: June 9, 2025 trial recap
- Associated Press: Jane’s testimony and the audio
- Associated Press: overview of the seven-week trial
- Diddy Docket: trial exhibit index
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