AUSA: When he said to have a freak off she knew she had no choice. She called the escort and put on the performances he wanted. Her safety depended on keeping him happy. The relationship was complicated. Both were unfaithful. But only one of them had power
AUSA: He made Cassie do his biding in those dark hotel room. Cassie was not the only one. This was a pattern. Let me tell you about Jane. She was a single mom that started spending time with him in 2020. She fell in love with him. He was seeing other women
AUSA: One night he told Jane about freak offs- and made it happen immediately. He took her to a hotel where an escort was on the way. He directed her step by step. Jane thought it was a one time wild night. She was wrong. He continued, offering a real relationship
AUSA: Jane wanted the escort to wear condoms, but the defendant did not let them. Jane tried to make it through these nights without drugs. The first time, she broke down and took Ecstasy to finish. Another time she vomited but he said, go do it again
AUSA: Jane found two men and invited them to join the freak offs, so she could choose the man she'd be intimate with. The defendant discouraged her from working. He had the power to coerce her back into the hotel rooms. He threatened her with the videos
AUSA: Not even a year ago, he went to her house. She was angry. She hit him. He became enraged. She tried to hide. She locked herself in her bedroom. He kicked it open. Then the bathroom, the closet, the guest bedroom. He kicked her to the ground
AUSA: He did not let Jane be. He said, You're not going to f*ck up my night. He said, call up an escort and perform. Jane followed his instructions. His violence got him what he wanted. Cassie will tell you about the time the defendant forces himself on her
AUSA: Mia, an employees, will tell you how the defendant forces himself on her, hand up her dress, penetrating her. Amidst all this violence, he and his inner circle worked to cover up his crimes. The video at the LA hotel? You will hear just how far this went
AUSA: The defendant offered a hotel security guard a wad of cash - a brown paper bag with $100,000 in $100 bills. The inner circle kept Cassie in hiding for days. For all of this he is charged with multiple Federal crimes, racketeering conspiracy.
AUSA: Cassie and Jane will tell you of the most painful experiences of their lives. You'll hear from some of the defendants employees, including his personal assistant Mia who he sexually assaulted. She is grappling with it
AUSA: You will hear from the employee he forced into a SUV with a gun, and from a chef. They worked punishing hours, at times without sleep - they bought drugs for him. They were expected to keep quiet. Some of these witnesses have already received settlements
AUSA: You will also hear from some of the escorts - that the defendant directed them and filmed it. An escort saw the defendant assault Cassie and drag her by her face during a freak off. You'll see records from hotels and the damage, and car services.
AUSA: You will see text messages in which the defendant tells staff to bring cash for escorts, and by Jane saying she did not want to do freak offs. You will see videos. In them, you can hear the defendant provide direction to Cassie and Jane, high on Ecstasy
AUSA: You will see a video of the defendant brutally beating Cassie during a freak off in an LA hotel. You will see photos of the damage, including to four doors in Jane's home not even a year ago. You will see what he had in his home: guns, med bag of drugs, lube
AUSA: You will see the agreement with the hotel guard, barring him from speaking after he paid $100,000 for the video. You will hear him manipulate Jane into saying she wanted it. His threats not to pay for her home, texts to his staff about it
AUSA: I ask you to do three things: Pay attention to the evidence, follow the judge's instructions on the law, use your common sense - and you will reach the verdict that Sean Combs is guilty.
Judge: Who for the defense?
Teny Geragoes: I will.
Teny Geragos: This case is about love, and jealousy and money. They are trying to turn it into a racketeering case. It will not work. You are the jury. You will evaluate the witnesses and finally the story can come out. This case isn't about what you heard on news
Teny Geragos: Sean Combs is fascinating. He grew up in Harlem and built lawful business. He worked for it. He created a culture and produced music that changed a generation. Witnesses will share with you that he is a fascinating person and people are drawn to him
Teny Geragos: If you wanted to climb, in music, apparel or beverages, you wanted to be around Sean Combs. He gave people opportunities to work at his companies. He had a vision that few had. The witnesses mostly loved him. The text messages will show that
Teny Geragos: He is 55 years old. He is going be Sean Combs. I am Teny Geragos. I am honored to represent him. The only people in this courtroom who will tell you about racketeering are the prosecutors. There was no conspiracy
Teny Geragos: This case is about Sean Combs' private sex life. The Government has no business in that. These hard working individuals were educated, from Harvard to Howard University. He has a temper and got violent. He is not proud of that. We own it
Teny Geragos: He sometimes gets so jealous or angry he is out of control. You will hear that he lied to his girlfriends. You may think he is a jerk or mean. But he's not tried for that. He's tried for running a racketeering enterprise. This is domestic violence
AUSA: Domestic violence is not sex trafficking. Had he been charged with domestic violence we would not be sitting through an eight week trial. He is not guilty of these crimes. As the trial goes on, we are going to take on accountability. We will not shy away
Teny Geragos [not AUSA] Sean Combs had a bit of a different sex life. The alleged victims were all getting something from him. They are adults. They too must take on responsibility for their lives, as he does for his. A free choice has pros and cons.
Teny Geragos: You will evaluate these women. They made free choices every day for years. Ask yourself, what are all the ways this individual had the ability to make these choices? Ask, What is this person getting? Something they want. It may differ
Teny Geragos: Jealousy drove choices of the victims. Combs never married, but he is a many woman man. He is always in multiple relationships. He was not always honest. It drove a primal jealousy. Sean Combs is extremely jealous. You might think it's hypocritical
Teny Geragos: They remained in multi-year relationships with him. These women were in love with him. Infidelity and jealousy drove the violence. Alcohol and drugs drove things. But he is not racketeer. This case is about his relationships with Cassie and Jane
Teny Geragos: You will hear about swinger parties. They will testify about things that should never be heard in a Federal courtroom, that he liked to watch. You may not like that. But you are not here to judge him for his sexual preferences
Teny Geragos: A wealthy rapper paid for these women's homes and vacations. He is not charged with being flawed individual. These women fought to be in a relationship with him. Cassie, I expect you will hear from her this week about her 11 year relationship
Teny Geragos: Combs with with Kim Porter, the mother of four of his children. He continued with her until her death from pneumonia in 2018. His fights with Cassie were about cheating. It was a toxic relationship - they loved each other
Teny Geragos: Cassie will tell you about the jealousy of Kim Porter, then Gina. The day of the hotel hallway, jealousy was on display. Violence by the elevator bank, ten years ago. You will see it later today. What Combs did is indefensible.
Teny Geragos: The video is not evidence of sex trafficking. Cassie walked out of the hotel room with two bags. Combs comes down wearing only a towel. He stomps her and drags her by her hoodie. He comes back around - to get a phone
Teny Geragos: What causes a fight about a phone? Phones keep the secrets of infidelity. As soon as he gets the phone, he sits down. He's visibly disgusted. Cassie calls security. You will hear from him later today. The guard tells him to leave the public area
Teny Geragos: You will see Cassie telling him to get back to the hotel room. They stay together two more years after this incident. Even into 2018 they are fighting to stay together. She saw a photo of Combs with Gina, he started with her in 2014
Teny Geragos: Cassie had a choice every single today to stay with him. That was her better choice. Until she broke up with him. She was not coerced. When she left there were no repercussions. She ran into the arms of a physical trainer Combs had hired to train her
Teny Geragos: The only freak offs you will see at this trial were on HER phone, not his. In November of 2018 Kim Porter passes away from pneumonia. Cassie did everything to be there for him. She flew to Georgia. Amidst a break up, she flew to be with him
Teny Geragos: Combs said, Kim was my soulmate. The end of the relationship between Combs and Cassie was triggered by that. Cassie realized all the things she would not be. She wanted to be Combs' wife the love of his life. She spent 11 year trying to get that.
Teny Geragos: Cassie married the trainer and is pregnant with her third trial. Evaluate Combs' intent at the time, for those 11 years. The messages will show she was a willing participant in their sex life. Cassie's testimony this week can't change that
Teny Geragos: In 2020 with Jane, Combs was more upfront. He told her he was dating other women. She was still jealous. Jane wanted it public. He proposed a consensual threesome. They went to a private hotel. I expect her to say she enjoyed it.
Teny Geragos: Jane was desperate to be with him, to give him things others couldn't. She tried to make it more than sexual - I'm not sure how she will put it. But it always came back to parties in the hotel rooms. This was their time together
Teny Geragos: Jane did it for the cuddle. She wanted to make him happy. She was unable to resist him emotionally. There was a phone call in November 2023, even after it, she flew out to see him many more times. It was toxic, but she was willing
Teny Geragos: Being a willing participant in your sex life is not sex trafficking. If she'd walked away she would have lost him. You will see her jealousy. She would see him on social media with another woman and she would sent messages of regret- it's not coerced
Teny Geragos: She was driven to try to be in first place. This was the way to try to get there. That is not a crime. There was night a year ago when Jane hit Combs. It was borne out of jealousy. He hit her back. She was overcome by jealousy. She slammed his head
Teny Geragos: She slammed his head onto her kitchen counter. Months later she flew to see him and invited an escort, she will call it one of her best nights, a wild king night, whatever you want to call it. This will be hard to watch- they are in one word intimate
Teny Geragos: The Government told you about someone named Mia. Why are they making these allegations now? You will conclude that everyone has a motive. With Mia, she never said it before, nor when she first started cooperating with the Government
Teny Geragos: If this was so hostile, why did they not call the police? They are vindictive. Their motive is simple: money. Cassie filed a public lawsuit in November 2023. She was living in her parents' modest home in Connecticut. She went to a civil lawyer
Teny Geragos: The civil lawyer is here today. They went to civil lawyers to make a money grab. Cassie demanded $30 million. Another asked for $22 million. How many millions of reasons do these witnesses have to lie? The evidence will not make out the charges
Teny Geragos: On bribery, this is about the Inter Continental Hotel. He paid a security guard to make the footage go away. This was solely to prevent bad publicity for Combs and for Cassie. There was no law enforcement investigation
Teny Geragos: The kidnapping related to an employee, she worked for him for ten years. She asked to work for him again. Drug trafficking? It was personal use. They worked hard. They were there to do something great and novel. It was a free choice
Teny Geragos: These was no conspiracy. He was paying different men for their time and experience. Porn actors get paid. Hulkomania, Cowboys for Angels. You can pay money for time and an experience. That is what Sean Combs was doing
Teny Geragos: You are not here to impose your morality on this man. If you listen, you fill find him not guilty of these crimes. Thank you.
With jury out
Brian Steel: We will be objecting to two exhibits.
Judge: In the future, I'd like to hear this the day before.
AUSA: We only learned they objected. This is about an incident report about the hotel hallway, broken vase - the report has an addendum
Brian Steel: In the third paragraph he writes that he did not want Mr. Combs to see Cassie out in front, he talks about a co-worked, Adey, A-D-E-Y, that Mr. Combs is about to yell - that is speculation and should not go in.
1:22 pm - they're back - or nearly all of them
Judge: In terms of the objection -
Defense: We're still waiting for the defendant.
Judge: Oh, sorry;
[Combs is brought in]
Judge: One exhibit objected to, subject to US laying the proper foundation, it is admissible
Judge: The exhibit with the added note, the objection is well taken - it is excluded. Let's get the jury back in.
Judge: All rise! [Jury enters] Is the government ready to call it's first witness?
AUSA: First we enter four exhibits.
Agnifilo: No objection.
AUSA: We call LAPD Officer Israel Flores. [He is sworn]
Flores: I'm also a reservist for the Army. I was a guard with Securitas in 2016, in the Inter Continental Hotel near Century City.
AUSA: What happened on March 5, 2016?
Flores: I was told of the sixth floor
Flores: There, I recognized Sean Combs. He is there, wearing a gray sweater.
AUSA: What was your title?
Flores: Assistant director of security.
AUSA: Let me show you a photo of the Inter Continental Hotel.
Flores: It's shaped like a pyramid.
Judge: Admitted
AUSA: What kind of incidents did you respond to?
Flores: All kinds. We had a couple of suicides there. We'd prepare incident reports: the 5 Ws.
AUSA: Would you attach photos to the reports?
Flores: Yes. But not video. We did not have the password
AUSA: When did this incident take place?
Flores: 11 am. I got report of a woman in distress on the 6th floor. I closed the security base and checked the cameras. There was an African American man pacing back and forth. I didn't see a female. I rushed there
AUSA: What did you see on the 6th floor?
Flores: Mr. Combs in a towel and some like colored socks. He's a rapper, producer. And Cassie on the floor.
AUSA: Let me show you photos
[Combs in a tuxedo, and, in a separate photo, Cassie Ventura smiling]
AUSA: What did you tell them?
Flores: That is they were arguing they'd have to take it back to these room. And that the broken vase would be charged to the room. Cassie said she wanted her phone and her bag
Flores: Ms. Cassie said she wanted to leave. Mr. Combs said, You're not leaving. I saw inside the room, a male Black wearing dark clothing.
AUSA: What did Mr. Combs do after Cassie left?
Flores: He called for me. He was holding a stack of money, not to tell anyone
AUSA: What did you say?
Flores: I said, I don't want your money, the damage is going to be charged to your room.
AUSA: Where did Cassie go?
Flores: After I spoke with her, she left - a car pulled up, she left in a black SUV
AUSA: Was there a driver?
Flores: 7 feet
Flores: He said, she wants to leave. I said, I'm talking to her, not you. They left.
AUSA: Then what?
Flores: We went up to Mr. Combs' room to remind him of hotel rules. He opens the door and grabs the phone and says, Are you recording me? I pinned him to the wall
Flores: I took photos of the broken vase, to tell them to come clean it up. I went to write the incident report.
AUSA: Is this it?
Flores: My report, with my name on it.
Defense: Same objection.
Judge: Noted.
AUSA: Then did you review the video?
Flores: Yes.
AUSA: I'm handing you a thumb drive with videos.
[Video shown]
AUSA: Did it have audio?
Flores: No.
AUSA: Let's walk through it. Who is this?
Flores: Cassie.
AUSA: And this?
Flores: Mr. Combs.
AUSA: What's happening here?
Flores: She picked up the wall phone
AUSA: What did you find when you got there?
Flores: The broken vase
AUSA: What is at the end of this video?
Flores: Me coming out of the elevator.
AUSA: Let's pull up the incident report again.
Flores: Here, we reminded him that the check out time was approaching
AUSA: What did you add to the incident report after you reviewed the video?
Flores: I described what I saw in the video.
AUSA: What else did you do with the video?
Flores: I recorded two videos of it with my iPhone. To show my wife at home.
[Flores' video of the video, with his voice over (including about how shiny his shoes were] is played for the jury]
AUSA: Did you work the next day?
Flores: No, I had the next two days off.
AUSA: When you came back in, did you look for the video?
Flores: I did
Flores: But it was gone.
AUSA: Did you ever see it again.
Flores: Yes. Recently.
AUSA: Nothing further.
Judge Subramanian: Cross examination.
Combs' Brian Steel: Your said your report was the 5 Ws, right?
Flores: Yes.
Steel: You mention that when you get off the elevator, 11:14 or 11:15, you describe Mr. Combs as having a devilish expression on his face
Flores: That's my opinion.
Steel: When you get off the elevator, what's in your hand?
Flores: My radio.
Steel: Mr. Combs did not attack you, did he?
Flores: No.
Steel: And was there any law enforcement involvement?
Flores: No.
Steel: You videoed for your wife and kept it, right?
Flores: I did.
Steel: But never was law enforcement called?
Flores: They were not.
Steel: You told the jury Mr. Combs said to Cassie, You're not leaving - but your report did not say that, right?
Flores: At that point I did not believe it was a significant fact. I'm not going to put down the back and forth.
Steel: So it wasn't important nine years ago, but only now?
AUSA: Objection!
Judge: Overruled.
Flores: I did not put in the report at the time.
Steel: You said you were offered a bribe - but hadn't you told him he had to pay for the vase?
Flores: Yes.
Steel: The gentleman you say you saw in the room, you described to the jury things not in your report.
Flores: He didn't engage.
Steel: Why didn't you ask him his name?
Flores: He wasn't talking to no one.
Steel: Did you tell anyone at the time?
Flores: No.
Steel: And the 7 foot driver - do you know who it was?
Flores: I don't know. But Cassie knew him.
Steel: You didn't put in your report that you offered to call law enforcement but she refused. Why not?
Flores: She said no, so there was no reason to include it.
Steel: You said you put Mr. Combs against the wall - that's aggressive, isn't it?
Flores: It could be. But I only put my forearm against his chest.
Steel: But you didn't put that in your report.
Flores: You're asking me to have put more detail in my report
Steel: Do you remember the layout?
Flores: No. Just a corner room.
Steel: Was it a normal hotel room like I would stay in, just one room? Or did it have a living room?
Flores: I don't know.
Steel: The 3d party, you said he was on a bed
Flores: It was a pull out
Steel: You were in the hospitality business as well as security, right?
Flores: Yes.
Steel: Mr. Combs, it was clear to you that he wanted to pay for the damage, right?
AUSA: Objection! Calls for speculation.
Judge: Ask in a different way
Steel: It can be embarrassing for a guest-
AUSA: Objection!
Judge: Sustained.
Steel: One moment.. Nothing further.
Judge: Re-direct.
AUSA: Did you typically include every single detail in a report?
Flores: No.
AUSA: Did he seem drunk or high?
Flores: No.
AUSA: When he offered you money, what did he say.
Flores: That he didn't want anyone to know about it. Pretty much.
AUSA: Which way way Mr. Combs dragging Cassie?
Flores: Back toward the room.
AUSA: Nothing further.
Judge: Re-cross?
Steel: They are motion sensitive cameras - so there are gaps, right?
Flores: Yes.
Steel: Nothing further.
Judge: Next witness
AUSA Comey: What did Ms. Ventura pay you for?
Witness: To have sex with her. Sean Combs was there too
Witness: My boss called me and said he couldn't find any of our black dancers, so could I go to a bachelorette party in the Gramercy Park Hotel in downtown Manhattan.
AUSA Comey: What did you expect to do?
Witness: A little stripper dance.
Male dancer: She was in the hotel room in a red wig, stockings and sunglasses. She gave me a few hundred dollars.
AUSA Comey: What was the room like?
Male dancer: Red couches, Astroglide, a lubricant. There was a man on the right side of the room.
Male dancer: The man had on a white robe and a bandanna over his fce, below his eyes, and baseball cap. From his voice I recognized him as Sean Combs.
AUSA Comey: What did he say?
Male dancer: That he was into importing and exporting.
Male dancer: He said he was having problems with my boss-
Defense: Objection!
AUSA Comey: I'll get back to that. After the sex was over, what happened?
Male dancer: Cassie gave me a couple of thousand dollars more
Male dancer: He said to give them my phone number. I did. Cassie called me and asked me for a photo...
AUSA Comey: Then what?
Male dancer: She called me to go back. I did, for a few hours. And then a few times after that.
AUSA: Combs always present?
Yes.
AUSA Comey: Any other locations?
Male dancer: Essex House. His residence on 56th Street, I believe 210, at the time. And at her residence on West End Avenue, I think Number 10.
AUSA: What name were you to say you were there to see?
Male dancer: Black.
Male dancer: I would sent her vulgar text messages
AUSA: Like what?
Male dancer: You want me to say it?
AUSA Comey: Give an example.
Male dancer: I'd text, I wan to f- you right now.
AUSA: How often did you use baby oil?
Male dancer: Every time
Male dancer: Sean Combs said we didn't have enough baby oil on. He's say, y'all slow down, separate from each other. One time he tried to have us role play, like we had just met at an airport. We weren't good so we skipped that
AUSA: What direction did Mr. Combs give you?
Male dancer: He'd tell me to step off and back off.
AUSA Comey: How many time if any were you told to urinate on Ms. Ventura?
Defense (Xavier Donaldson) Objection! Suggestive!
Judge: Overruled.
Male dancer: They told me not to do it all at once-
Defense: Objection! To him saying they -
Judge: I've got it.
AUSA Comey: What happened afterward?
Male dancer: They've leave me waiting for hours. The whole thing might go on for ten hours.
Male dancer: They were headed to the Essex Hotel, they said to go in 30 minutes. It was the first time he opened the door as himself, dressed in a suit, no mask.
AUSA Comey: How did things change?
Male dancer: He didn't feel-
Combs' Donaldson: Objection!
AUSA Comey: Who if anyone recorded?
Male dancer: Mr. Combs, with cell phone and camcorder. He took a photo of my driver's license, for insurance. He said-
Combs' Donaldson: Objection!
Judge: Focus it.
AUSA Comey: What did you understand?
A: He was threatening me
Male dancer: Once I went and Cassie was slumped over, he said, it's not going to happen this time.
AUSA: Did Mr. Combs offer you drugs?
Male dancer: Molly I guess it's called, I dont' do drugs, MDMH, MDA- I think - I went out and handed out hundred dollar bills
AUSA Comey: How did the Molly make you feel?
Male dancer: Sick and euphoric, and like an idiot, handing out $100 bills.
AUSA Comey: Who else was present?
Male dancer: A guy who told me he was an actual escort. He was having sex with Cassie at her apartment
Male dancer: The guy was like looking at Sean Combs and Combs said, Don't you be f*cking looking at me
Combs' Donaldson: Objection!
Judge: Let's get a fresh question.
AUSA: What did he look like?
Male dancer: Black guy. Kind of skinny. We exchanged phone numbers
AUSA Comey: Have you seen him in 10 years?
Male dancer: No.
AUSA: Did it ever seem you were not the first person there?
A Yes. Half-used Astroglide, towels on the floor.
AUSA: After the $100 bills, did you see them again?
Male dancer: I couldn't do it anymore
AUSA Comey: What did you get paid when you couldn't perform?
Male dancer: Nothing. But I never asked for money. I was happy to get involved with people with such notoriety. But after I saw Sean Combs hit Cassie, I couldn't do it anymore.
AUSA Comey: What was Mr. Combs saying as he meet Cassie?
Male dancer: He said, B*tch when I tell you come over, you come over. I didn't know what to do.
AUSA: Did you intervene?
Male dancer: No. I knew that the changes there were bodyguards-
Objection!
Sustained
AUSA Comey: What next?
Male dancer: He said, Are y'all ready to continue?
AUSA: Did you try?
Male dancer: I don't recall.
AUSA: Did you see them again?
Male dancer: I thought I had developed some sort of friendship with Cassie. I may have been speculating
Male dancer: I went there.. I heard him slapping her. He walked out in a towel. She ran to me. I asked, Why are you staying with this guy-
Combs' Donaldson: Objection?
Judge: Ground?
Donaldson: Hearsey.
Judge: Overruled.
Male dancer: She said it was OK.
[Note, during the break: the male dancer witness is named Daniel Phillip, not Phillips as it first sounded like]
4:24 pm
Judge: Welcome back, juror. But can I have the lawyers for a sidebar?
[Sidebar]
Judge: Mr. Phillip, you are still under oath.
Combs' Xavier Donaldson: Let me show you a text message chain between you and Cassie - is it accurate?
Daniel Phillip: Yes.
Combs' Donaldson: You were working for a service?
Daniel Phillip: A male revue show
Donaldson: You were a manager, male strippers for women?
Daniel Phillip: Yes.
Donaldson: Prostitution was prohibited?
Daniel Phillip: That is correct.
Donaldson: Your job was to build it up?
Phillip: Yes and no.
Donaldson: I'll go with yes.
Objection!
Sustained
Combs' Donaldson: Did the company open fake businesses to optimize search results?
Daniel Phillip: Fake addresses. It was just SEO.
Donaldson: You went to optimize the lady's experience?
Daniel Phillip: I have no idea what you mean. It's just our slogan.
Combs' Donaldson: Cassie told you to say the name Black?
Daniel Phillip: Yes.
Donaldson: Your boss told you someone wanted a black man stripper?
Phillip: Yes.
Donaldson: Let me show you
AUSA: This shouldn't be put on the screen
Donaldson: Take it off. Take it off
Combs' Donaldson: She was wearing a wig?
Daniel Phillip: Yes.
Donaldson: She handed you money?
Phillip: She handed me $4000.
Q: Before any oil rubbing?
A: Correct.
Q: She had on heels?
Phillip: & dark glasses.
Donaldson: Where'd the money come from?
A: Her hand.
Combs' Donaldson: You were wearing a New York City Police Department uniform, right?
Daniel Phillip: I bought an NYPD T-shirt.
Donaldson: You took the oil off in front of Cassie?
Daniel Phillip: The oil? No. I took my clothes off. She said, It's my birthday.
Combs' Donaldson: It appears she is enjoying herself?
Daniel Phillip: Yes
Q: What was your position?
Phillip: Missionary. I was like, Did that just happen?
Donaldson: She asked you for a photo?
Phillip: I do not know if Sean Combs asked for it
Judge: Ignore that
Jury's gone
Judge: Mr. Phillip, no conversations with the Government.
AUSA: Agents are providing him protection and transport, if that's ok.
Sidebar.
Judge: No talk with your lawyer.
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[Before jurors come in]
Combs' Agnifilo: We oppose David James testifying about the incident with Suge Knight. He's going to mention D-Roc, say he was a friend of Biggie Smalls - that's decades ago, not relevant.
Judge: Seems you are previewing your cross
[Witness / personal assistant David James takes the stand]
Judge Subramanian: Good morning. Welcome back.
[Then]
Courtroom deputy: We are missing four jurors. It may be the subways.
All rise!
Judge Subramanian: On the defense's application with regard to Dawn Richard, Ms. Geragos' opening statement opened the door to this testimony... As to Mr. James, the testimony would be inadmissible absent more
AUSA: As I argued in my letter -
[NOTE: Judge Subramanian just ruled orally on letters that are not in the docket, although they are clearly judicial documents - Inner City Press challenge to this *is* in the docket: unsealing/docket bid storage.courtlistener.com/recap/gov.usco…
Judge: The Government has said the defense's cross examination can go until 4:30 pm today and they'll limit themselves to 30 minutes of re-direct.
Combs' lawyer Anna Maria Estevao: We have evidentiary issues
Judge: Tell me about them, should have been in writing
Combs' Estevao: We don't understand why they are taking time objecting to our exhibits.
AUSA Johnson: They are proposing to use a video of Mr. Combs walking in nature, talking about God - it is improper, invited jury nullification
Judge: Let's hear it
All rise!
Judge Subramanian: Let's try to get through these issues efficiently as we have the jurors waiting... We have a letter from a juror that we will make Court Exhibit 1. On the videos, when will they be offered into evidence?
AUSA Johnson: This afternoon
Judge Subramanian: This is about evidence that is coming into the case. The public has a right to know what is happening at trial. I don't see how we would navigate that concern. There's a potential impact on the jurors of signaling some evidence requires sealing
OK - now US v Sean Combs final jury selection, peremptory challenges - Inner City Press is covering the case (book: amazon.com/dp/B0DHP7YF19
and will live tweet, thread below x.com/innercitypress…
All rise!
Judge Subramanian: Anything before peremptory challenges?
Assistant US Attorney: Juror 295 should be excluded based on her email to the jury office, personal safety.
Judge: She's out.
AUSA: And Juror 146 has a lawsuit against the City, undisclosed
Combs' lawyer Agnifilo: OK, but what about Juror 131, who worked at Legal Aid?
Judge: That's different. 146 is out, but 131 is still in. I propose we bring in on Monday the 12, the six alternates - and the three remaining. Or should we do the strikes on Monday?
All rise!
AUSA: We propose to do the peremptory challenges not today but on Friday morning, in case some of the jurors come up with new reasons not to be on the jury before then.
Judge Subramian: Sounds fine.
Combs' Agnifilo: We want the HBO juror, 29, out
Combs' Agnifilo: Teny Geragos of our team was on emails with the production company of the HBO documentary. People were paid -
Judge: Will the documentary come up at trial?
Agnifilo: I believe so.
Judge: AUSA, we didn't ask her about her pay