Legal expert breaks down Diddy's "unacceptable" gesture to jury, claims he could be excluded from his own trial
In Sean "Diddy" Combs' ongoing federal racketeering and sex trafficking trial, Judge Arun Subramanian rebukes the defense over the rapper's nodding gestures towards the jury during Bryana Bongolan's testimony. On Thursday, Judge Arun Subramanian warned the defense that Combs could be excluded from the court if he continued interacting with the jury through actions or expressions.
The judge pointed out that Diddy "nodded vigorously" twice during Bongolan's testimony.
“I looked and I saw your client looking at the jury and nodding vigorously. It is absolutely unacceptable,” the judge said.
CNN legal analyst and anchor Laura Coates dissected this warning. She gave her opinion that this warning from the judge could be used during a potential appeal in the future. While commenting that it is "human instinct to react," she also pointed out the judge's strict stance on this case. She further said,
“This was a moment that I have not seen, where Sean ‘Diddy’ Combs, who is normally stoic, looking ahead, has been threatened if he reacts and looks at the jury and nods along with the testimony … he could possibly not be present for his own criminal federal trial.”
CNN legal analyst's take on the judge's warning to Diddy's defense
Coates shared from her experience that judges issue a similar warning in cases where the defendant's behavior seems “theatrical and particularly disruptive.” She added that a warning could also be issued if the judge perceives,
“that somehow the conduct of the defendant might possibly influence or intimidate the jurors in this case — direct eye contact or otherwise."
The legal analyst further talked about the possibility of the defense using this warning in the appeal.
"Knowing that the defense is well-versed in the appellate process and knows full well that anything that the judge orders their defendant and client not to do, if a conviction results, could very well go up on appeal,” she added.
She also noted the judge's strictness in the case and said,
"The judge, however (has) a very tight leash on this trial, including the attorneys and beyond."
A closer look at Judge Arun Subramanian's warning to Diddy's defense
On Thursday, after Bryana Bongolan concluded her testimony, the court took a short break. According to CNN, after returning from the lunch break, Judge Arun Subramanian warned Combs' attorneys about the rapper's gestures. The judge said that he observed Combs “nodding vigorously” two times when Bongolan was testifying. He pointed out that the defendant did the same when George Kaplan was on the stand.
The judge had earlier warned the defense that the defendant can't make any facial expression or do anything that can be seen as interaction with the jury or his attempt to influence the jury.
As per the Washington Post, the rapper was nodding at the jury, which is not allowed, when his attorney was cross-examining Bongolan. The judge said to the defense that if Combs does this again, "even once," he will consider excluding him from the courtroom. The report further stated that Combs took a laid-back stance after the judge admonished the defense.
Earlier, fashion designer and long-time friend of Cassie Ventura, Bryana Bongolan, wrapped up her testimony in which she accused Diddy of dangling her from the 17th floor in September 2016. In 2024, the fashion designer filed a lawsuit against Diddy for this act and sought $10 million in damages.
