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 Subramanian: The same brand of testimony that was objected to on Friday, does the Government expect Ms. Richard to say what she heard and saw?
AUSA: Yes.
Judge: That would be permissible, just like the testimony in the recording studio.
AUSA Slavik: Personal assistants were with Mr. Combs 20 hours a day... their testimony is admissible.
Judge: My concern is that there are other ways to get this evidence in. What Mr. James would add is just the postscript
Combs' Agnifilo: On the David James issue, this defeats the whole purpose of this hearsay objection. The Government is arguing that it's all admissible because the job descriptions are so vague. We contend these are personal matters
Judge: Let me focus you on the assault on the chef. Mr. James learns from a member of the security detail that Mr. Combs assaulted the chef. Wouldn't that be in the scope of their employments?
Combs' Agnifilo: I don't know what relevance this has to racketeering
Combs' Agnifilo: This is becoming a sort of bad act free for all. Assault is just not one of the racketeering acts.
AUSA Slavik: This is relevant to the means and methods of the enterprise. The chef is identified as a victim of forced labor.
Combs' Agnifilo: I'm going to defer to Ms. Westmoreland on the other witness.
Combs' Westmoreland: Mr. Richard claims that Mr. Combs assaulted Ms. Ventura right in front of her. These other alleged threats are nowhere near in close proximity to an alleged assault
Combs' Westmoreland: We have to distinguish between the Danity Kane and the Diddy Dirty Money eras... And Mr. Pierre telling her, Where are you going to go, I don't see how that can be construed as a threat.
Judge: Let me think about it.
Judge: We have an application from the Press that emails be put in the record. I am directing you to put them together and put them in the docket by next Tuesday, and after that on a weekly basis.
[Note: It's Inner City Press' request - thanks but, a week late?
[Here is Inner City Press' filing challenging these judicial documents not going into the docket at all. Now they will - but on a week's delay? Maybe require another filing ... storage.courtlistener.com/recap/gov.usco…
Jury entering!
AUSA Slavik: When Mr. Combs told you people could do missing, how did you interpret it?
Dawn Richard: That people could die. I couldn't believe that this could be the beginning of a journey for us
AUSA: As Diddy Dirty Money?
Dawn Richard: Yes
AUSA Slavik: What did you observe?
Dawn Richard: He would drag her and kick her and punch her in the mouth.
AUSA: What would prompt these acts of violence?
Combs' Westmoreland: Objection!
Judge: Overruled.
Dawn Richard: When she would speak up for herself.
AUSA Slavik: Who in Security witnessed these things?
Dawn Richard: D-Roc and Bonds.
AUSA: Where did Ms. Ventura get hit?
Dawn Richard: Her knees, her face, all over.
AUSA: Did there come a time you were in NY for a festival?
Dawn Richard: Yes, in Central Park
AUSA Slavik: In the residence, what happened?
Dawn RIchard: He punched Cassie. She came into the bathroom crying. You could see her upset. Like, she was hurt-
Combs' Westmoreland: Objection!
Judge: Sustained.
AUSA: What injuries did you observe?
A: Swollen eye
AUSA: Why'd you remain with Ms. Ventura after this incident?
Dawn Richard: I wanted her to feel supported.
AUSA: What's this?
Dawn Richard: The Central Park event.
[Photo of Cassie in sunglasses - and Dawn Richard too]
AUSA: Why did you wear them?
A: Solidarity
AUSA: The next assault, who was there?
Dawn Richard: D-Roc... Capricorn Clark... Harve Pierre
AUSA: Who was Mr. Pierre?
Dawn Richard: At Bad Boy, answering to Sean Combs
AUSA: Did they do anything?
Dawn Richard: None of us did anything.
Dawn Richard: When we drove back to LA, he slapped Cassie in the mouth and told her to Shut the f*ck up.
AUSA: How did the passengers respond?
Dawn Richard: We stayed silent the rest of the ride.
Dawn Richard: I asked myself, If he did that to someone he supposedly loved, what he do to an employee? So I'd approach Mr. Combs with softness
AUSA: Did you try to intervene in the relationship?
Dawn Richard: No, for my own safety.
AUSA: Did you see Mr. Combs using drugs?
Dawn Richard: Yes. Weed, ketamine, Molly, cocaine
AUSA: Opiates?
Dawn Richard: That, I never saw.
AUSA: Who brought him the drugs?
Dawn Richard. One Stop. He had it all, including Plan B, birth control
AUSA: Did you see Mr. Combs with guns?
Dawn Richard: Yes. Handguns. On his lower back.
AUSA: Who asked had guns?
Dawn Richard: Security. D-Roc and Bonds
AUSA: What did you do after Bad Boy?
Dawn Richard: Sing. Whenever I got momentum, I'd get a Facetime from him
AUSA: How would you speak to him?
Dawn Richard: Very soft, I'd always call him Bro.
AUSA: Why did you not disclose the abuse you'd seen?
Dawn Richard: I was told not to, by Mr. Combs and Harve Pierre.
AUSA: When did you speak out?
Dawn Richard: 2024.
Dawn Richard: I saw Ms. Ventura take the stand and tell the truth -
Combs' Westmoreland: Objection!
Judge: Sustained.
AUSA: Did you see Ms. Ventura file a civil lawsuit, and then file your own?
Dawn Richard: Yes.
Judge: Cross.
Combs' Westmoreland: You are aware there's a motion to dismiss your lawsuit?
Dawn Richard: I have civil lawyers.
Westmoreland: You sat with the prosecutors and you allegations have chnged?
Dawn Richard: I've been consistent
Combs' Westmoreland: You testified he attempted to hit her about the eggs and Ms. Ventura dropped down in a fetal position, right?
Dawn Richard: Yes.
Westmoreland: Did you ever say you heard a pan hit the wall, you didn't see it?
Dawn Richard: I don't recall.
Combs' Westmoreland: Would you agree with me it has been hard for you to keep your story straight with respect to this egg incident?
Dawn Richard: I told it as close as I could.
Westmoreland: The day after, you say Mr. Combs said, people go missing?
A: Yes
Combs' Westmoreland: Let's do to your interview on March 18, 2025 - you did not say anything about Mr. Combs told you, People go missing
Dawn Richard: I don't recall that.
Westmoreland: No worries. I'm going to show you a document, for the parties only. Page 5
Combs' Westmoreland: Isn't it true the first time you said this was a week ago? Would you like me to show you your previous interviews?
Dawn Richard: I know what I said.
Westmoreland: You said Mr. Combs made a death threat - one that you didn't recall 7 times?
Combs' Westmoreland: Let's move to alleged incident before the Central Park concert - you are aware there was a camera crew?
Dawn Richard: Not in the bathroom.
Westmoreland: You were filmed in the park - are you aware if the video has been turned over?
A: No.
Combs' Westmoreland: About the guns, you didn't tell the prosecutors about, I saw guns at Daddy's house?
Dawn Richard: They didn't ask.
Westmoreland: You never saw Mr. Combs pull a gun out and wave it around, load bullets or cock it?
Dawn Richard: He just had it.
Combs' Westmoreland: Did you tell the Government you never saw Mr. Combs do cocaine?
Dawn Richard: I don't recall.
Westmoreland: Your testimony has changed on quite few things.
Dawn Richard: As time progresses I remember more.
Combs' Westmoreland: You saw One Stop sell drugs - you saw him take money?
Dawn Richard: Yes.
Westmoreland: Alright, one second... Didn't you tell the government you never saw anyone pay him? So you lied, right?
Dawn Richard: No.
[Back from sidebar]
Combs' Westmoreland: It was you who reached out to Mr. Combs, to work with him again?
Dawn Richard: Yes.
Westmoreland: But he had threatened you, right - you asked him to work with you again?
Dawn Richard: Yes.
Westmoreland: OK...
Combs' Westmoreland: The songs you're released on your own have not reached the level of what you released with Danity Kane and Diddy Dirty Money, right?
Dawn Richard: True.
Westmoreland: And you reach out to Mr. Combs to try to make more money, right?
A: Yes.
AUSA: Can we have a short sidebar?
[Sidebar - and it is not short. Still wondering why the sides' legal arguments to the judge - judicial documents - will only go into the docket on a weeks' delay. Will be doing weekly ebooks. Week 1: books.google.com/books?id=ZkdeE…
[They're back from long sidebar, re-direct]
AUSA: Why did you file your civil lawsuit?
Dawn Richard: When I worked for Sean Combs, I had no sleep, the conditions...
AUSA: In every meeting with the Government did you say that Mr. Combs beat Ms. Ventura?
A: Yes
AUSA: Why'd you reach out to Mr. Combs?
Dawn Richard: One of the judge on Making the Band, Laurieann Gibson, I wanted to reach out-
Combs' Westmoreland: Objection!
Judge: Sustained.
AUSA: How often would you hear from Mr. Combs, after you left Diddy Dirty Money?
Dawn Richard: Sporadic.
AUSA: Why did you reach out?
Dawn Richard: To help Kalenna Harper.
AUSA: No further questions.
Combs' Westmoreland: May we have a brief conference at the bench?
[Sidebar ensues
Week 1 in audiobook: play.google.com/store/audioboo…
Re-cross
Combs' Westmoreland: You admit you reached out to Mr. Combs to reengage - you claim, only to have a relationship with Laurieann Gibson. But if it got back together, you'd have to see Mr. Combs more, right?
Dawn Richard: Yes.
Combs' Westmoreland: You sued for money, right?
Dawn Richard: For justice.
Westmoreland: But the suit asks for money, right?
Dawn Richard: Yes.
Westmoreland: No further questions.
Judge: Ms. Slavik?
AUSA: No re-re-redirect.
Combs' Donaldson: Break?
Jury entering!
AUSA: The Government calls Kerry Morgan... Where do you live?
Kerry Morgan: Los Angeles.
AUSA: Who is this [Photo shown]
Kerry Morgan: Cassie Ventura.
AUSA: What was your relationship?
Kerry Morgan: We were best friends. Her boyfriend assaulted me
AUSA: Do you see him here?
Kerry Morgan: Yes. There in a yellow sweater.
AUSA: Let the record reflect the witness had identified defendant Sean Combs.
AUSA: Why are you here?
Kerry Morgan: I got a subpoena.
AUSA: Where did you live with Cassie?
Morgan: Manhattan
AUSA: Did Cassie drink?
Kerry Morgan: Not much.
AUSA: Any drugs?
Kerry Morgan: None.
AUSA: What was she doing for work?
Kerry Morgan: Modeling. Then she recorded "Me and You."
AUSA: When did you learn they were dating?
Morgan: 2007
AUSA: Did you travel with Cassie and Mr. Combs?
Kerry Morgan: Yes. Ibiza, Miami...
AUSA: What drugs did Mr. Combs provide?
Morgan: Molly, marijuana, Ecstasy.
AUSA: Which did Mr. Combs take?
Morgan: All
Morgan: Did you take drugs alone with Cassie?
Morgan: Opiates
AUSA: How did Mr. Combs act?
Kerry Morgan: He would yell at Cassie. She lost her confidence, big time, lost her spark.
AUSA: Did Mr. Combs talk down to Cassie?
Morgan: Yes. About her looks. Who she talked to.
AUSA: Did he contact you looking for her?
Morgan: A lot
Kerry Morgan: Sometimes he would call 50 times in a row.
AUSA: Would others call you for him?
Morgan: Yes, Kristina Khorram, or KK.
AUSA: Did you witness assaults?
Morgan: Yes, first in the Hollywood Hills. Ruben one of his security guards was there
AUSA: What did Mr. Combs do to Cassie?
Kerry Morgan: He kicked her.
AUSA: What did she do?
Morgan: Nothing. I told Ruben to do something. He indicated he wouldn't.
AUSA: Then what?
Morgan: We left the house. Cassie and I were hiding by someone's front steps
AUSA: And the next time?
Kerry Morgan: In Jamaica. I saw him drag her by her hair. I ran back to get my purse and phones so we could leave
AUSA: What did you see next?
Kerry Morgan: I thought she was knocked out. Then she got up and ran into a wooded area
AUSA: What happened next?
Kerry Morgan: There were two golf carts in the driveway. I got in one and Sean got in the other. We went in different directions, looking for Cassie.
AUSA: Did you find her?
Morgan: Yes. Then we hid in a ditch, whispering
AUSA: What about the incident at Comstock [apartment
Kerry Morgan: Cassie came back with a hoodie covering her face. Then Sean came and tried to get in, hitting the door with a hammer. I called D-Roc.
AUSA: Did he get in?
Morgan: No. Then the police came.
AUSA: What happened?
Kerry Morgan: Cassie wouldn't show them her ID. Nothing happened. They left a card.
AUSA: Read this message - did you sent an attachment?
Morgan: Yes. A photo of the card the detective left.
AUSA: Did Mr. Combs every assault you?
Kerry Morgan: Yes. He hit me with a wood coat hanger and choked me.
AUSA: Where did the hanger hit you?
Morgan: Behind me right ear.
AUSA: What did he express concern about?
Morgan: Who Cassie was cheating on him with.
AUSA: Who did you speak to about it?
Kerry Morgan: Ryan, Sean's old assistant.
AUSA: What did he do?
Morgan: Nothing [Shrugs]... I have not spoken with Cassie since.
[With jury out for lunch, the arguments continue]
Judge: What's your best citation to try to get this evidence in?
AUSA: 614 F.3d 30, at 39. and 945 F.3d at 706.
Judge: I'll look at them and we'll come back -
Combs' Agnifilo: I haven't seen this before
[They're back from brief lunch]
Judge: If I let this is, Ms. Ventura could be recalled as a witness.
AUSA: I doubt that we would call her-
Judge: The defense could call her back to the stand.
AUSA: I doubt that she would be available.
Judge: The evidence is out
Judge: I anticipate Mr. [David] James will be the next witness - how is he relevant?
AUSA: As to the means and methods of the enterprise, Mr. Combs threatening to assault employees
[While waiting for the jury to come back in, here is court art of Combs' 2d Georgia lawyer, Nicole Westmoreland, as she cross examined Dawn Richard this morning - courtesy to Inner City Press by artist Elizabeth Williams - may be the cover of Week 2 trial book
@MatthewLeeICP @sdnylive Jury entering!
AUSA: No further questions for Ms. Morgan.
Judge: Cross.
Combs' Agnifilo: You were Ms. Ventura's best friend since 2004?
Kerry Morgan: Actually 2001. We met waiting for the Polaroids to develop. I was living in Buffalo, she was in Connecticut
@MatthewLeeICP @sdnylive Combs' Agifilo: Then you were both in NYC?
Kerry Morgan: I stayed downtown, she moved to Harlem.
Agnifilo: Have you ever met Kim Porter?
Morgan: Yes. Probably at a concert.
Agnifilo: Was Cassie ever jealous?
Morgan: Uh, yes.
@MatthewLeeICP @sdnylive Combs' Agnifilo: And the other way?
Kerry Morgan: Cassie was speaking with Michael B. Jordan and Sean got jealous. She was trying to leave him.
Agnifilo: You were both using drugs?
Morgan: No. We were in South Africa.
Agnifilo: Did you learn about Gina
A: Yes
@MatthewLeeICP @sdnylive Kerry Morgan: He was having a full on relationship with this little girl.
Combs' Agnifilo: Why do you call her that?
Morgan: She acts like that. She's younger than us.
@MatthewLeeICP @sdnylive Combs' Agnifilo: When you say Sean came and hammered on the door, why did the police come?
Kerry Morgan: They said because of the noise.
Agnifilo: What did they say to you?
Morgan: Cassie was visibly injured. But she didn't say anything.
@MatthewLeeICP @sdnylive Combs' Agnifilo: You two were best friends for 18 years - but now you haven't spoken with her since 2018?
Kerry Morgan: That's true.
Agnifilo: At the danger of being Capital Obvious, that's a long time. She's moved on-
AUSA: Objection!
@MatthewLeeICP @sdnylive Combs' Agnifilo: Why haven't you spoken with her?
Kerry Morgan: She did not support me after Sean assaulted me. I try that line at assault.
Agnifilo: You reached a settlement with Ms. Ventura?
Morgan: The money came from Mr. Combs.
@MatthewLeeICP @sdnylive [Agnifilo shows Kerry Morgan photos then asks]
Combs' Agnifilo: Do you know if Louise Hayes is a self-help author, about self affirmation?
Morgan: Yes
Agnifilo: Why did you send him this, with words of encouragement?
Morgan: I don't remember sending it
Agnfilo: OK
@MatthewLeeICP @sdnylive Combs' Agnifilo: I want to show you a few more photos. But first let's talk about the incident when he put his hands on your neck. Were you & Cassie using any drugs at the time?
Kerry Morgan: No
Agnifilo: What did he say?
Morgan: He said, Who is she cheating with?
@MatthewLeeICP @sdnylive Combs' Agnifilo: You went to an Urgent Care and not the hospital?
Kerry Morgan: Right.
Agnifilo: But you don't the prosecutors it was bloody and you went to the hospital?
Morgan: I don't remember that.
Agnifilo: Look at this [3500 material, not shown to jury]
@MatthewLeeICP @sdnylive Kerry Morgan: I see that I said that.
Now cross examination
AUSA Foster: Do you remember Mr. Agnifilo asking you about an incident in LA-
Combs' Agnifilo: Objection
Judge: Overruled.
AUSA Foster: And he hit her, like in Jamaica, arguing about jealousy
@MatthewLeeICP @sdnylive AUSA Foster: What happened in Jamaica?
Kerry Morgan: He dragged Cassie by her hair, a fifty yard hallway.
AUSA: Was he talking about jealousy?
Morgan: No. He said she spent too long in the bathroom.
AUSA: Nothing further.
Judge: Any re-cross?
Agnifilo: Now.
@MatthewLeeICP @sdnylive Next witness is David James.
AUSA: Why are you here?
David James: I've been subpoened.
AUSA: Were you Combs' personal assistant?
David James: From 2007 to 2009.
AUSA: Who is that in this photo?
David James: That is David James.
AUSA: That is, yourself?
Yes.
@MatthewLeeICP @sdnylive David James: I went to college in Michigan... Later I faxed my resume to Bad Boy.
AUSA: Where was the interview?
David James: 1710 Broadway.
AUSA: Who'd you meet?
David James: Tommy, his sister Keisha and others
@MatthewLeeICP @sdnylive AUSA: How did they test you?
David James: They gave me 40 appointments and asked me to make a schedule. You had to know, for example, what time a particular show on Hot-97 came on.
AUSA: What did Mr. Combs ask you?
David James: To make a spread sheet for Miami
@MatthewLeeICP @sdnylive David Jones: I said, I'd know his food and restaurant preferences. He asked me why I'd make a good assistant. I said, Can't stop, won't stop. I got the job.
AUSA: Did he have others?
David James: Ms. Robles, Mr. Barber, others
@MatthewLeeICP @sdnylive AUSA: What would you do, as assistant?
David James: Bad Boy to 5, then out to dinner, then to the studio to 3 am. We'd get a call time at the end of the night.
@MatthewLeeICP @sdnylive AUSA: Did you travel with Mr. Combs as well?
David James: Yes.
AUSA: Who were the security staff?
David James: D-Roc, Bonds, Uncle Paulie...
AUSA: You worked 20 hours a day?
David James: Yes. Security did too.
@MatthewLeeICP @sdnylive AUSA: What did security staff tell you?
David James: To stay in my lane.
AUSA: Who said that?
David James: Bond, Uncle Paulie...
AUSA: Focusing on his personal chef, who is is?
David James: Chef Jourdan.
[Jourdan Atkinson]
@MatthewLeeICP @sdnylive AUSA: Did Mr. Combs have girlfriends then?
David James: Kim Porter... Sarah, Tara, Yana - and Cassie.
AUSA: What was your first conversation with Cassie?
David James: We were on Star Island, Kerry Morgan was there too. Cassie said, This lifestyle is crazy.
@MatthewLeeICP @sdnylive David James: I asked her, why don't you leave? She said, Sean controls my life, my music, he pays for my apartment...
AUSA: Next conversation?
David James: It was about her music. But the album never came out
AUSA: Did you overhead a conversation?
David James: Yes
@MatthewLeeICP @sdnylive David James: Mr. Combs said, Kim is my queen, out in LA with my family. He said, I have Cassie right where I want her, she's young and moldable.
AUSA: Your Honor, how much longer do you want to go? This would be good place to break.
@MatthewLeeICP @sdnylive Wait there's more
Combs' Agnifilo: MDC-Brooklyn makes us end VCT calls at 6 pm. We need more. Ending at 3 pm helps. If you can extend it --
Judge: Put a letter on the docket
[Yes, do - as Inner CIty Press requested storage.courtlistener.com/recap/gov.usco…
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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.
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
All rise!
Judge Subramanian: Good morning. Everyone in the room has already filled out a questionnaire about the case. I will be asking you additional questions - some may be about topics difficult to discuss with strangers. Each side has peremptory challenges
Judge: You have received a list of questions. You will be escorted to Courtroom 26B, then brought one by one back here into Courtroom 26A... You will be shown a list of people and places. If you are not selected, thank you for your service. OK, let's begin