As the 19th day of testimony in Sean “Diddy” Combs‘ federal sex trafficking and racketeering trial in NYC prepared to begin, the judge said he will not rule on defense’s motion to declare a mistrial until tomorrow.

On Saturday, Diddy’s defense attorneys moved for a mistrial … claiming the prosecution presented untrue testimony. Cassie Ventura testified earlier in the trial she had witnessed Diddy holding Bryana Bongolan over a balcony edge. But texts appear to show Cassie texted Kristina Khorram, a Diddy employee, that she didn’t actually see the alleged incident but rather learned about it afterwards … texting “I just found out some crazy sh**.”

Prosecutors also entered into evidence photos of Bongolan’s injuries, allegedly at the hands of Diddy from the balcony incident … the photo metadata show they were taken on September 26, 2016 — a date Diddy’s team says their client was on the East Coast, on the other side of the country from where the alleged incident occurred, in L.A.

Before the jury was seated Monday morning, Judge Arun Subramanian confirmed from the bench he had received the request for a mistrial, and said prosecutors would respond today. The judge said the court will address the motion on Tuesday.

“Jane,” a former girlfriend of Diddy’s testifying under a pseudonym, is set to take the stand again today, her third day. Last week she told the jury about alleged drug use during her time with Diddy, and medical complications from her “freak-off” episodes with the music mogul and others.