By
Harriet Ryan
Court TV
NEW YORK Sean "Puffy" Combs' defense asked for a mistrial Friday after a prosecution witness implied that secret compartments in the music mogul's luxury SUV were intended to conceal weapons.
Judge Charles Solomon denied the motion, but the testimony blurted out by Detective John Martin had lawyers at each other's throats and briefly endangered a deal between the prosecution and defense to keep evidence of cocaine in Combs' Lincoln Navigator away from the jury.
"He made this into a war wagon," complained Michael Bachner, who represents Combs' bodyguard Anthony "Wolf" Jones, after the police detective told jurors that one hiding place was "big enough to hold a sawed-off shotgun" and the second "is what I would consider a gun compartment."
Martin's descriptions were in line with arguments made by prosecutor Matthew Bogdanos in his opening statement that Jones and Combs desperately tried to hide a pair of guns in the compartments following a 1999 nightclub shooting and police chase. But, under a three-part agreement struck with the defense, prosecution witnesses were not supposed to tell jurors that the compartments were meant for guns.
According to the deal, if the prosecutor agreed not to elicit testimony that the compartments were for guns, the defense would not put on witnesses who would claim the compartments served a legitimate purpose concealing Combs' money and jewelry. And without any testimony about the reason Combs had the compartments, the prosecution would not try to introduce evidence that cocaine residue was found inside the compartments.
Outside the jury's presence, Bogdanos said he was as surprised as the defense by Martin's description and had instructed the detective not to testify about the purpose of the compartments. He said, however, that other than striking that portion of the testimony from the record, there was little else to be done.
The judge agreed and told jurors to disregard the detective's "gun compartment" answer.
But the jury had also heard Martin say that two 9mm weapons the guns Combs and Jones are accused of having could fit into the back compartment. The defense countered by pointing out that guns were only one of myriad things that could have gone in the compartment, offering potato chips, a bag of which lay on the defense table, as one example.
With the testimony of Martin and four other officers Friday, the prosecution continued laying groundwork for a key prosecution witness, chauffeur Wardel Fenderson, who is expected to take the stand next week. Fenderson, according to the prosecution, will testify that Combs had a gun before and after the shooting at Club New York and bribed him into taking the rap for the 9mm weapon police discovered in the Navigator. Combs faces 15 years in prison if convicted.
After four weeks of jury selection and trial, the 31-year-old music executive was apparently ready for a change of pace Friday at least in terms of wardrobe. Instead of his usual fancy suit and silk tie, Combs sported a gray v-neck sweater and wool pants.
Faith Evans, a singer on Combs' Bad Boy record label, came to court Friday morning to show support for her boss. Also on hand was Rev. Hezekiah Walker, a Brooklyn pastor who leads a Grammy Award-winning gospel choir.
Before jurors were sent home for a long holiday weekend, they heard other police testimony including:
Officer William Meyer said Combs wore a pinkie ring on his left hand when he was arrested. The prosecution claims he tried to bribe Fenderson, in part, with the ring, a gift from girlfriend Jennifer Lopez.
Ballistics expert Detective Sergio Gennari said 9mm bullets and shells recovered after the shooting at Club New York matched a gun found in co-defendant Jamal "Shyne" Barrow's waistband. The prosecution maintains bullets from Barrow's gun struck three patrons.
Officer Frank Wolf said that when police stopped Combs' SUV, the defendant appeared to be fumbling with something on the vehicle's floor. He said officers yelled at Combs two or three times to put his hands up before he complied.
Testimony resumes Wednesday.
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