Sean Combs Is No Longer Allowed to Nod at the Jury

The judge in Sean Combs‘ racketeering and sex-trafficking trial rebuked the hip-hop mogul Thursday for “nodding vigorously” at the jury during witness testimony and warned that continued interaction with the jury could result in Combs’ expulsion from the courtroom.

During the questioning of witness Bryana Bongolan, who claims that Combs dangled her over a balcony railing in 2016, Judge Arun Subramanian twice observed the defendant nodding in the direction of the jury; any defendant interactions or expressions aimed at the jury are not allowed as it could influence jurors.

“I could not have been any clearer in terms of what I said,” the judge told the court. “There was a line of questioning when your client was nodding vigorously and looking at the jury.”

Subramanian then called a sidebar with Combs’ lawyers and told them to get their client to stop nodding. “It is absolutely unacceptable,” he told defense attorney Marc Agnifilo, who promised the judge that Combs would cease nodding. “It cannot happen again,” Subramanian added.

In the event of further gesticulations, Subramanian warned, he would allow federal prosecutors to make an application to give the jury an instruction on the issue and, if it persisted, he would have Combs removed entirely from his own trial.

Court sketch artist Jane Rosenberg told NBC News that Combs has frequently made facial expressions toward the jury since the onset of the trial based on the testimony and has at times even attempted to interact with jurors.

On Thursday, a woman who alleged Combs dangled her over the 17th floor balcony of Ventura’s high-rise apartment faced an intense cross-examination from Combs’ attorney, Nicole Westmoreland. Westmoreland sought to poke holes in Bongolan’s recollection of events, noting what she claimed were inconsistencies in Bryana Bongolan’s testimony.

The defense scored one of its most dramatic moments in the trial so far when Westmoreland claimed Bongolan’s timeline of events was impossible. In her $10 million civil lawsuit filed against Combs last November, Bongolan said the balcony incident happened “on or about” Sept. 26, 2016. Westmoreland said hotel and dining receipts showed Combs was in New York from Sept. 24 to Sept. 29 in 2016. “You agree that one person can’t be in two places at the same time,” Westmoreland asked.

On re-direct, though, Bongolan was asked if she had any doubt that Combs dangled her from the 17th story. “I have no doubt,” she said. “I will never forget him holding me over the balcony.”