[Before the jury is in]
Judge: The defense letter about Doctor Hughes preserves your objections, Ms. Shapiro
[But the defense letter is NOT in the docket, while after Inner City Press' objection, the US letter is in: patreon.com/posts/diddy-do…
Judge: When Doctor Hughes is on the stand, I'm sure Mr. Bach can raise that in cross
[As we reported yesterday, Combs' 10th lawyer is Jonathan Bach, husband of Alexandra Shapiro, who was defense for example in the Trump SPAC trial: innercitypress.com/sdny23qmnpishv…
Judge: What about these texts involving Ms. Ventura and buying drugs in Boston
AUSA: We think it's irrelevant. But if they redacted it, it is not hearsay, that she was in Boston and on her own. I think that's why Mr. Agnifilo wants it in.
Judge: I'll think on it
AUSA: We are concerned that Ms. Porter's death may be used to build sympathy for Mr. Combs, and lead jurors to believe that if he is convicted his children may-
Judge: I'll think on it. As to Mr. Mescudi, the defense is concerned about hearsay
AUSA: Mr. Mescudi will not be testifying today
Judge: Did I miss that?
AUSA: We emailed at 10:45 pm
[Note: That is not in the record - why not? No need to take a week to redact that
Judge: Please get the witness, Mr. Gannon, and check on the jury... Welcome back, Mr. Gannon.
Jury entering!
AUSA: Mr. Gannon, let's continue with items you seized [on Star Island] GX 215. What is this?
Gannon: High heels and sex items in the master closet
AUSA: What's this?
Gannon: Three cell phones found in one of the boots.
AUSA: Display the Gucci bag for the jury... Pull up GX 10A and the stipulation, zoom in on Paragraph 5... A white plastic bottle, it contained liquid residue of meth and liquid MDMA
AUSA: These pills were found with a Tesla imprint on them... These had the active ingredient in Xanax... This hundred dollar bill had residue of cocaine... Mr. Gannon, what's this?
Gannon: A dark wood box with the word "Puffy" on the top.
AUSA: How do you know that this is the Astroglide and the baby oil that you seized? How many bottles of each?
Gannon: 31 Astroglide, 25 baby oil bottles.
AUSA: Any other cell phones found?
Gannon: Yes.
AUSA: BX 1301, page 3, paragraph 11...
AUSA: Was a gun found in this suitcase?
Gannan: Yes. A .45
AUSA: Hold the bullets up for the jury... No further questions.
Judge: Cross?
Defense: The day of the search, you knew that Mr. Combs was leaving the country with his twin daughters?
Objection; sidebar
[After sidebar]
Combs' Teny Geragos: In planning the search, you knew that none of the targets of the investigation would be there?
AUSA: Objection!
Judge: Overruled.
Agent Gannon: The plan was to have him not there. But we had contingencies
Combs' Teny Geragos: What type of vehicles did you use?
Agent Gannon: Armored vehicle
Combs' Geragos: And a boat - come in by land and by sea?
Agent Gannon: It's common practice.
Geragos: 80 or 90 agents?
Agent Gannon: Not all at the same time
Combs' Teny Geragos: You found six people, and kept them in handcuffs for an hour?
Agent Gannon: No ma'am. There was one individual who wasn't happy with us and wasn't cooperating, so we kept him in handcuffs longer
Geragos: Because he wasn't happy with the cuffs?
Combs' Teny Geragos: You found six people, and kept them in handcuffs for an hour?
Agent Gannon: No ma'am. There was one individual who wasn't happy with us and wasn't cooperating, so we kept him in handcuffs longer
Geragos: Because he wasn't happy with cuffs?
Combs' Geragos: There was a music studio in the guesthouse, right? DX 305 - do you recognize this?
Agent Gannon: Yes, ma'am. It's the studio.
Geragos: Move to admit.
[Photo of mixing board, keyboards, "love" in jeweled script over it]
[While Agent Gannon is still on the stand, here as a courtesy to Inner City Press from court artist Elizabeth Williams are Gannon with gun - and Combs with head in hands, from May 21
@sdnylive @MatthewLeeICP Combs' Teny Geragos: The gun was wrapped in a towel, it didn't look like how you displayed it to the jury yesterday, right?
Agent Gannon: Yes ma'am.
Geragos: Did you find any photos of Mr. Combs with these firearms?
Agent Gannon: We did not
@sdnylive @MatthewLeeICP Combs' Teny Geragos: Do you agree that handguns, metal, is easier to get fingerprint than maybe another type of device?
Agent Gannon: Can't say if it's easier. But it can be done.
Geragos: Can you get prints off a gun, easier when it's inside?
Gannon: I'd think so
@sdnylive @MatthewLeeICP Combs' Teny Geragos: At HSI you have Mr. Combs' DNA, right?
Agent Gannon: I don't know.
Geragos: When he was arrested, the Government took DNA swab, right?
Gannon: I don't know.
Geragos: Hold up the Gucci bag.
@sdnylive @MatthewLeeICP Combs' Teny Geragos: The drugs were in this bag, and in the "Puffy" box, right?
Agent Gannon: Yes.
Combs' Geragos: Your Honor, I am going to introduce a sealed exhibit, with the help of I.T.... May I approach the witness?
Judge: Yes.
Deputy: We may proceed. DX 304
@sdnylive @MatthewLeeICP AUSA Smyzer: Cut off the screens.
[Can't see exhibit]
Combs' Teny Geragos: Please don't say the names of the people in this photograph other than my client... Don't talk about it.
AUSA Smyzer: May we confer with counsel?
Judge: You may.
@sdnylive @MatthewLeeICP Deputy: We may take the sealed exhibit down.
Combs' Geragos: Agent Gannon, you live in Florida - don't many people have guns in their homes there?
AUSA: Objection.
Judge: Rephrase
Geragos: Do you have guns in your home?
Gannon: Yes.
Geragos: No further questions
@sdnylive @MatthewLeeICP Judge: Re-direct?
AUSA Smyzer: No.
Judge: Next Government witness.
AUSA: The Government calls Doctor Dawn Hughes... What is your profession?
Dr Hughes: Clinical and forensic psychology.... I treated people who were in World War II, which was such an honor
@sdnylive @MatthewLeeICP AUSA: How many times have you testified in court?
Dr Hughes: 60 or 65, in SDNY, ENDY and the Northern District. Also NJ, PA, CT, VA.
AUSA: We offer Doctor Hughes as an expert.
Defense: No objection.
@sdnylive @MatthewLeeICP AUSA: What do you anticipate covering?
Dr. Hughes: Why victims stay, memory...
AUSA: Have you been retained by the Government?
Dr. Hughes; Yes.
AUSA: What is your hourly rate?
Dr. Hughes: $600. Six thousands for the day in court.
@sdnylive @MatthewLeeICP AUSA: Why do victims stay?
Dr. Hughes: There are psychological bonds. And the psychological consequences of the abuse.
AUSA: What are the levels of fear?
Dr. Hughes: It ranges from physical violence to butterflies - violence doesn't have to happen all the time
@sdnylive @MatthewLeeICP AUSA: What is psychological violence?
Dr. Hughes: Intimidation. Throwing things. Telling you what you can do and where you can go-
Defense: Objection!
Judge: Hold on... I'm going to strike that last answer.
@sdnylive @MatthewLeeICP AUSA Mitzi Steiner: What can be the role of sexual abuse?
Dr. Hughes: It puts the victim in significant psychological fear.
AUSA: Why does it prevent leaving?
Dr. Hughes: Shame, degradation, they don't want to think about it
@sdnylive @MatthewLeeICP AUSA: What is emotional abuse?
Dr. Hughes: Putting down our partner, feeling like a piece of crap
AUSA: What about financial dependence?
Dr. Hughes: The abuses controls housing and transportation. Taking away her laptop-
Defense: Objection!
Judge: Sustained.
@sdnylive @MatthewLeeICP AUSA Steiner: Are you familiar with love bombing?
Dr. Hughes: That honeymoon phase - the abuser showers her with gifts and affection to get her back.
AUSA: Does the attempt to leave happen over time?
Dr. Hughes: Yes, it takes multiple attempts
@sdnylive @MatthewLeeICP AUSA: Which is the most common coping mechanism?
Dr. Hughes: Trying to work it out, because of the trauma bond. You don't want to lose your partner.
AUSA: Personal coping mechanisms - how does placating or appeasing work?
Dr. Hughes: We're trying to avoid abuse
@sdnylive @MatthewLeeICP AUSA: What is minimization?
Dr. Hughes: The victim says, Maybe they had a bad day at work, maybe they were intoxicated. It's a way to stay in the relationship, but it increases their risk. It's not a long term strategy, it gets from one assaultive episode to next
@sdnylive @MatthewLeeICP AUSA: What about the power relation?
Dr. Hughes: A person can have power as principal of a school. The victim asks, who is going to believe me?
AUSA: When does the victim finally speak?
Dr. Hughes: In a safe environment. Or after psychological help.
@sdnylive @MatthewLeeICP AUSA Steiner: What type of language do victims use when they first speak of it?
Dr. Hughes: They minimize, they are piecemeal. They remember the chipping paint on the ceiling, the smell of alcohol on the perpetrator's breath
@sdnylive @MatthewLeeICP [Sidebar and then cross examination - it will be by Jonathan Bach, Alexandra Shapiro's husband, only recently brought on as Combs' 10th lawyer]
Combs' Bach: Your clients, you observe them closely, their cognitive style
Dr. Hughes: Yes...
@sdnylive @MatthewLeeICP Combs' Bach: People don't fit into boxes, right?
Dr. Hughes: There are categories.
Bach: But you have to listen to particular individuals, right?
Dr. Hughes: I'm not divorced from my training.
@sdnylive @MatthewLeeICP Combs' Bach: When you do forensic work, you want a lot of sources of information, right?
Dr. Hughes: If it's relevant.
Bach: You look at police reports, witness reports, and the like, correct?
Dr. Hughes: Correct.
Bach: You're familiar with malingering?
A: I am
@sdnylive @MatthewLeeICP Combs' Bach: People can fabricate emotional responses, correct?
Dr. Hughes: They can.
Judge: Mr. Bach, should be break here?
Bach: I don't have a good cliff-hanger
@sdnylive @MatthewLeeICP [But wait - during the break, they bring in George Kaplan, "to invoke" [his Fifth Amendment rights against self-incrimination]
Judge Subramanian: Welcome
AUSA: Did you receive a subpoena?
Kaplan: Yes.
AUSA: Do you intend not to answer, on the 5th AM grounds?
@sdnylive @MatthewLeeICP Kaplan: Yes.
AUSA Comey: Your Honor, please sign the immunity order.
Judge: Has he read it?
No.
Judge: Read it first...
@sdnylive @MatthewLeeICP AUSA Comey: The attorney says he's read it.
Judge: I will sign the immunity order.
AUSA: The government will seek to admit GX 69A -
@sdnylive @MatthewLeeICP [They've back]
AUSA: Your Honor, we emailed you the exhibit over the break.
Combs' Agnifilo: We object to it as hearsay. The statement Thank I feel you from Mr. Combs is ambiguous. He could be saying thanks for the advice
@sdnylive @MatthewLeeICP Judge: We'll pick it up after Doctor Hughes. Please get her back on the stand.
Witness entering; jury entering!
Combs' Bach: You are with the American Psychological Association - which says you should only render an opinion after an examination, right?
A: Where?
@sdnylive @MatthewLeeICP Dr. Hughes: This is a different role.
Combs' Bach: You have not gathered information about this case, right?
Dr. Hughes: I am not rendering an opinion on any individual.
Bach: There someone named Cassie, but you don't know what she said, right?
Dr. Hughes: I don't
@sdnylive @MatthewLeeICP Combs' Bach: You're testified across the river in EDNY, right?
Dr. Hughes: Right.
Bach: And you say the same thing, even those the cases are different, correct?
Dr. Hughes: It's to help the jurors understand
Bach: But it's their job to consider their case, right?
@sdnylive @MatthewLeeICP Combs' Bach: You don't publish data on the patients you have evaluated, do you?
Dr. Hughes: It's confidential.
Bach: So I can't cross check your experience, the basis of what you are saying, right?
@sdnylive @MatthewLeeICP Combs' Bach: People might go to a civil lawyer to make a little money, right?
AUSA: Objection!
Judge: Let's more on.
Bach: In civil litigation, you might looks for malingering, right?
@sdnylive @MatthewLeeICP Combs' Bach: You gave a webinar about giving expert witness testimony, right?
Dr. Hughes: Yes, for battered women.
Bach: Let me show you DX -
Judge: Sidebar
@sdnylive @MatthewLeeICP During the sidebar, exhibit from Star Island raid: baby oil and Astroglide...
@sdnylive @MatthewLeeICP Judge: Jurors, we're going to send you to the jury room for a bit
All rise!
Jurors leave.
Judge: Yesterday Ms. Shapiro submitted an exhibit ex parte... Now reviewing a document, what should I focus on?
AUSA: It shouldn't show this witness has a bias
@sdnylive @MatthewLeeICP Judge: She can be shown the document, about training domestic violence advocates, and asked if she remembers. But I won't admit it as evidence, until she denied it and it becomes Prior Inconsistent Statement.
@sdnylive @MatthewLeeICP Witness re-enters, then jury
Combs' Bach: Does this document refresh your recollection?
Dr. Hughes: Let me look at it more closely... Yes.
Bach: The 4th part is about Navigating Cross Examination, right?
Dr. Hughes: Yes.
@sdnylive @MatthewLeeICP Combs' Bach: Most of your income comes from court-related work, right?
Dr. Hughes: No. Maybe half.
Bach: You've raised your rate to $600?
Dr. Hughes: It's been the same for some time.
Bach: But you've raised it.
Dr. Hughes: Commensurate with others
@sdnylive @MatthewLeeICP Combs' Bach: You're been retained 100s of times - but you've never come into court and testified in defense of a man accused of a sex crime?
Dr. Hughes: That's correct. I don't evaluate offenders.
@sdnylive @MatthewLeeICP Combs' Bach: You met with the prosecutors six times to prepare your testimony, right?
Dr. Hughes: Correct.
AUSA: Can we have a sidebar?
Judge: You may
[sidebar]
@sdnylive @MatthewLeeICP [They've back]
Combs' Bach: Did you discuss the topics with the prosecutors?
Dr. Hughes: With all due respect, it was mostly me educating them
Bach: But you know nothing about the case - were you advising them on how to present evidence in domestic violence cases?
@sdnylive @MatthewLeeICP Combs' Bach: Didn't you help them write briefs?
AUSA: Can we have a sidebar?
Judge: Yes but I'll keep it brief, shorter than the last
[Sidebar - hasn't, in fact, been shorter]
@sdnylive @MatthewLeeICP Judge: Sorry that it wasn't shorter. ... Ms. Steiner?
AUSA Mitzi Steiner: You reviewed some filings to the court in this case - it was all related to the subject of your expert testimony, right?
Dr. Hughes: Correct.
AUSA: In fact, we redacted
Dr. Hughes: You did
@sdnylive @MatthewLeeICP AUSA Steiner: You are a board certified forensic psychologist, right?
Dr. Hughes: Yes.
AUSA: How many of those are there in New York State?
Dr. Hughes: I think about forty.
@sdnylive @MatthewLeeICP Re-cross
Combs' Bach: Your defense work is almost entirely for victims of domestic violence, right?
Dr. Hughes: I'm not sure that's true.
Bach: You worked with Mr. [Brian] Steel, who was defending a woman charged with reacting to domestic violence, right?
Yes.
@sdnylive @MatthewLeeICP Combs' Bach: And Mr. Steel decided not to use you, after meeting with you-
Judge: Move on.
Bach: No further questions.
Judge: Next witness?
AUSA: The Government calls George Kaplan.
@sdnylive @MatthewLeeICP AUSA: When did you work for Combs Enterprises?
Kaplan: 2013 to 2015.
AUSA: What fell under that holding company?
Kaplan: Clothing, liquor, entertainment. I was executive assistant to the Chief Operating Officer.
AUSA: Where did you work?
Kaplan: 1710 Broadway NYC
@sdnylive @MatthewLeeICP AUSA: What was your next position?
Kaplan: Executive assistant to the chairman, Mr. Combs, from September 2014 to September 2015.
AUSA: Who did you report to?
Kaplan: Ms. Khorram, KK. She essentially ran Mr. Combs' life.
AUSA: Where did you report?
Kaplan: LA
@sdnylive @MatthewLeeICP AUSA: What did you do?
Kaplan: Carried his bags, made such things were when he wanted them. As he trusted me more he had me around more. I'd set up hotel rooms.
AUSA: How many hours a week?
Kaplan: 80 to 100 hours a week.
@sdnylive @MatthewLeeICP AUSA: How much did you get paid?
Kaplan: $125,000 a year, to start
AUSA: What did you do in the morning?
Kaplan: Make sure everything was in the bathroom, the breakfast cooked. He was recording a mix tape, so we worked late
@sdnylive @MatthewLeeICP AUSA: Who was security?
Kaplan: Uncle Paulie, D-Roc and Ruben. Later, licensed security in the second half of 2015.
AUSA: How frequently did you communicate with Mr. Combs?
Kaplan: Multiple times a day. Things could be found in the back. An iPad, drugs, whatever
@sdnylive @MatthewLeeICP AUSA: Did he threat you?
Kaplan: He threatened my job.
AUSA: How often?
Kaplan: Maybe monthly. He'd say he was only to be surrounded by the best people and that he wasn't. For example, he went me for a one liter water and I bought back 2 half liters. He said, No
@sdnylive @MatthewLeeICP AUSA: How did you travel?
Kaplan: On his jet. Or going in advice to make sure it's all set up.
AUSA: How did you set up hotel rooms?
Kaplan: There was a bag. I unpacked it. Clothes, candle, Astroglide, baby oil.
AUSA: Who bought this?
Kaplan: Often me
@sdnylive @MatthewLeeICP AUSA: In what cities did you set up hotel rooms?
Kaplan: LA, NY & Miami. In LA, Mr. C, Belaire, the Inter-Continental.
AUSA: In NY?
Kaplan: Trump. By Columbus Circle. In Miami, the SLS.
AUSA: How was it booked?
Kaplan: Frank Black. Based on Biggie's Frank White
@sdnylive @MatthewLeeICP AUSA: Would you clean up rooms?
Kaplan: Yes. Bottles of baby oil, Gatorade. Once brown crystalized powder on the counter of the bathroom sink.
AUSA: Why did you clean up, not hotel staff?
Kaplan: It was implied, protect his public image. I was keen on doing that
@sdnylive @MatthewLeeICP AUSA: Explain
Combs' Agnifilo: Objection
Judge: Overruled.
Kaplan: I found hotels would sell photos to newspapers to shame guests
AUSA: Did he reach out to you from the room?
Kaplan: For food, clothes, sometimes drugs. I did it.
AUSA: What drugs?
Kaplan: Dopp kit
@sdnylive @MatthewLeeICP AUSA: Illegal drugs?
Combs' Agnifilo: I object to the term illegal
AUSA: What other drugs?
Kaplan: Advil, ketamine
AUSA: What's he ask for?
Kaplan: I picked up drugs for him: MDMA.
AUSA: Who asked?
Kaplan: Mr. Combs. In LA and Miami
@sdnylive @MatthewLeeICP Kaplan: In Miami Mr. Combs asked me to call a person. He came and gave me a bag of pills. MDMA. I gave him cash. I gave the pills to Mr. Combs.
AUSA: And in LA?
Kaplan: I went out and met the person in Hollywood. I gave money, he gave me a bag.
@sdnylive @MatthewLeeICP Wait there's more
Combs' Agnifilo: The proffered email chain is about Gina and Gina is out of the case, she's not coming.
AUSA: She's in the indictment.
Agnifilo: They could get her here and they're choosing not to. I'll submit a letter by 10 pm
[In the docket?
OK - jury deliberating in trial v BNP Paribas for role in Sudan genocide - BNP said it was OK because UN was there - notes, verdict and book (98% ready). Inner City Press, to UN/AU Mission in Darfur before being banned by SG @AntonioGuterres will live tweet below
10:30 am -
Two plaintiffs' lawyer sit at their table, waiting for notes - or verdict - from the jury. Inner City Press will live tweet as things happen. For now, here's more court art courtesy to Inner City Press from Elizabeth Williams - yesterday's attendees
10:50 am
Judge Hellerstein: Here is what I propose to tell the jurors: damages should not be awarded due to sympathy. I'll hear counsel at the sidebar
OK - closings in trial v BNP Paribas for role in Sudan genocide - then verdict and book (almost ready). Inner City Press which reported on & from UN/AU Mission in Darfur before being banned by SG
@AntonioGuterres
incl from #UNGA80 will live tweet, thread below
Judge Hellerstein [before jury is brought in] I deny motions to change my jury charge, but I add this language on natural causations. That's the charge I'm giving. Objections?
Plaintiffs' lawyer: We don't thing BNP Paribas' assistance was required
Judge: Denied
Judge: Bring in the jury for the closing arguments.
Jury entering!
Judge: Mr. DiCello?
Plaintiffs' lawyer Mark DiCello: Good morning, including Mr. Abdalla [plaintiffs present] Three survivors, from different villages, from 1998 to 2008, all Black Africans
OK - back in trial v BNP Paribas for role in Sudan genocide, charge conference before closings next week. Inner City Press which reported on & from UN/AU Mission in Darfur before being banned by SG @AntonioGuterres incl from #UNGA80 will live tweet, thread below
BNP Paribas' lawyer: There must be one main perpetrator. The alleged tortious conduct all occurred in Sudan, outside the--
Judge: The objection is overruled.
BNP's lawyer: We do not think the Sudan government can be held liable for indirect agents
Judge: I'll take out the word "indirectly."
Plaintiffs' lawyer: Then just say, the Government acted
Judge: OK, I'll take "directly" out too.
BNP's lawyer: Gov't of Sudan had to have acted against these very plaintiffs, not others.
OK - back in trial v BNP Paribas for role in Sudan genocide, BNP lawyers citing Janjaweed Musa Hilal. Inner City Press which reported on and from UN/AU Mission in Darfur before being banned by SG
@AntonioGuterres
incl from #UNGA80 will live tweet, thread below
BNP's lawyer: I'm going to read you two sentences, Defense Exhibit S-i.
Judge: A report by the Department of State, human rights.
BNP's lawyer: "Darfur continued to be a scene of humanitarian abuses, the government only disarmed the Fur and non-Arab groups
BNP's lawyer (reading) Bashir suspended the constitution, abrogated free press- power went to Turabi's National Islamic Front." Your Honor, may we offer some statements from Colin Powell?
Judge Hellerstein: Let me see the excerpt... Yes
BNP's lawyer (reads Powell)
OK - back in trial v BNP Paribas for role in Sudan genocide, BNP lawyers now putting on defense case. Inner City Press which reported on and from UN/AU Mission in Darfur before being banned by SG
@AntonioGuterres incl from #UNGA80 will live tweet, thread below
BNP Paribas' first witness is its COO Phlippe Maillard.
BNP lawyer: Did BNP outside the Americas do business with Sudan?
Plaintiffs' lawyer: Objection!
Judge: Sustained.
BNP lawyer: Did BNP Suisse in Geneva do business with Sudan?
Maillard: Yes.
BNP's lawyer: What type of commodities were exported from Sudan to Europe?
Judge: Get on with it! I'll see you at sidebar.
OK - now US v Sean Combs sentencing starts. US wants 11 years, he wants time served; today he has a video & at least 4 lawyers to speak. Opposed "Mia," but she will speak. Inner City Press wrote the book and will live tweet, thread belowamazon.com/dp/B0DHP7YF19
As Combs' lawyer mill around, he has still not been brought out. A US Marshal brings out a big sheaf of papers and a red book, picks up the chair to search underneath. All clear.
9:56 am - Combs' lawyer Marc Agnifilo and Brian Steel are talking low next to the lectern. Alexandra Shapiro stands with Nicole Westmoreland. The prosecutors are seated at the front table, minus one: Maurene Comey