Courtroom deputy: Marshals, can you bring the defendant out? Oh, I think Mr. Donaldson is in there [the holding cell] with Mr. Combs.
[Combs is brought in]
Judge Subramanian: Let's start with the compilation video. I got this letter patreon.com/posts/diddy-do…
Judge: Is Mr. Garcia competent to testify about this video, given his position in the hotel's security?
AUSA Steiner: I have not really asking him about that aspect.
Judge: We are not using the correct cell phone video, so this could get in under the rules.
Combs' Teny Geragos: The way the video is cut makes it appear that Mr. Combs came right after Ms. Ventura and she didn't.
AUSA Steiner: I'd like to address the time stamps - on security videos, they are routinely inaccurate.
Judge: The defense's concern could be allayed by inserting breaks between the clips.
AUSA: Since they will be testifying, it's hard for them to be editing the clips at the same time. We don't think it's misleading.
Judge: The defense can cross examine on this
AUSA: Given that the defense played the video of Mia's birthday video for Mr. Combs, we want to introduce recording of his jail calls about organizing social media celebrations of his birthday, which he views as a way to change the narrative
AUSA: There was someone broadcasting Mia's name just outside the courthouse - in Foley Square - yesterday. We'd ask-
[From the back of the courtroom: Diddy, their coming after you, those motherf*ckers
Judge: Court Security Officers, escort that person out
Judge (continuing) The video timestamps... How long is it? If 40 minutes, it would be a good 403 argument.
Combs' Agnifilo: This could be an easy fix. But the witness on this will be on the stand in two hours.
Judge: Where does he live? NY?
AUSA: Florida
Judge: Bring in the jury.
All rise!
Judge: Jurors, there are some scheduling modifications including that on June 11 we will not start until 1 pm... Also June 5, from 11 to 4, and June 20, the day after Juneteenth, we'll stop at 1 pm.
Call your next witness.
AUSA: The Government calls Eddy Garcia... Where did you work on the day in question?
Garcia: The Inter-Continental Hotel. I was told there was an incident involving Sean Combs.
AUSA: Do you see him here?
Combs' Steel: We stipulate [So, Steel will be doing cross]
AUSA: Let me show you your sign-in sheet for that day
Garcia: Yes, I signed that. Week ending March 10, 2016.
AUSA: Could you monitor all the cameras?
Garcia: Not all. But more than one at time.
AUSA: Would you be required to check the monitors?
Garcia: Yes
AUSA: Did you initially recognize the individual involved in this incident?
Garcia: Not at first. But when I looked closer, yes. It was Mr. Sean Combs.
AUSA: And did you learn who the second individual was?
Garcia: Yes. Ms. Cassie Ventura.
AUSA: Why was law enforcement not called?
Garcia: Ms. Ventura did not request it.
AUSA: Did you review the incident report?
Garcia: Yes. There was an attachment that I didn't open on the computer, a video file.
AUSA: Did you receive a call?
Garcia: Yes.
AUSA: From who?
Garcia: Kristina Khorram, with a NY area code. She asked if I had the video.
AUSA: What did she ask for?
Garcia: The video. She said Mr. Combs had been intoxicated and didn't remember exactly -
Combs' Steel: Objection!
J: Sustained
AUSA: Sidebar?
[They've back]
AUSA: What did you tell Ms. Khorram?
Garcia: That she would have to talk to management.
AUSA: Did she reach out again?
Garcia: Yes, I got a call from the lobby that she was there looking for me.
AUSA: What did she ask for?
Garcia: The video
AUSA: How did you respond?
Garcia: That she had to talk to management or file a subpoena.
AUSA: Did you tell her what you saw on the video?
Garcia: Yes. I told her, Off the record, it's bad.
AUSA: Did you get another call?
Garcia: Yes. From an NY area code
Garcia: It was Ms. Khorram. She put someone else on the phone.
AUSA: Who?
Garcia: Mr. Combs. He asked, Do you know who I am?
AUSA: What did you say?
Garcia: I said yes. He asked for the video, said he had been intoxicated. I told him, I can't give the video.
AUSA: How did he sound?
Garcia: He was talking fast, and stuttering. He sounded nervous.
AUSA: Did you email management?
Garcia: Yes.
AUSA: Bring up GX 7-R-149. What is it?
Garcia: The email I sent.
Combs' Steel: Objection.
Judge: Overruled
[Email as shown has Khorram's phone number on it, not redacted. It says Combs "aka P. Diddy" says he is a patron and wants to talk to you].
AUSA: Did you get more calls from Ms. Khorram?
Garcia: Yes. On my personal number.
AUSA: How did you react?
A: Nervous
Garcia: Ms. Khorram passed the phone to Mr. Combs again.
AUSA: What did he say?
Garcia: That I sounded like a good guy, that he could help. That something like this could ruin him. He wanted the video. He said if it got out it would ruin his career.
Garcia: I said I didn't have access to the server. He told me he believed I could make it happen, he would take care of me.
AUSA: What did you think he meant?
Garcia: Money for the video.
AUSA: What did you do?
Garcia: Reached out to my supervisor about it.
AUSA: Who was your supervisor?
Garcia: Bill Medrano. He told me he would do it for fifty.
AUSA: What did you think that meant?
Garcia: He'd give the video for $50,000.
AUSA: What did you do?
Garcia: Called Kristina, who put Mr. Combs on. He called me Eddy My Angel
Garcia: Mr. Combs told me, I knew you could do it. Let's do it right away. I told Bill Medrano.
AUSA: What'd he do?
Garcia: He went into the server room. Then he handed me a black USB & said, Done. The video was in the USB.
AUSA: What did you do?
A: Told Mr Combs
AUSA: Where did Mr. Combs want to meet?
Garcia: West LA. He said, Let's get it done. He wanted the video as soon as possible. I told Bill Medrano, he told me to tell the others I was on an errand for him.
AUSA: GX 8-A-104, what hours did you list?
A: 10-1800
AUSA: Where was the meeting point?
Garcia: A big high rise building. I called the number and someone came, said he was Mr. Combs' bodyguard.
AUSA: How did he look?
Garcia: Older African American, heavyset, 6'3'' to 6'5".
AUSA: What did he say?
Garcia: That he kind of came up with Mr. Combs, that he was a good guy & I was doing a good thing.
AUSA: Upstairs?
Garcia: Mr. Combs was smiling, called me Eddy My Angel. My voice was cracking so I said I was coming down with something
Garcia: Mr. Combs told Kristina to go get me some of the tea that he liked. Then he asked, Do you have it? I said yes & handed it to him.
AUSA: What'd he do?
Garcia: He left, came back. He asked if it was the only copy?
AUSA: And you said?
Garcia: I believe so
Garcia: Mr. Combs said it had to be the only copy, nothing in the cloud. I called Mr. Medrano and he said it was the only copy, he took it off the server.
AUSA: What else did you say?
Garcia: That if Cassie filed a complaint I could get in trouble.
Garcia: Mr. Combs said don't worry, Cassie wanted it gone too. He called her on Facetime and showed me. She was in a hoodie but I recognized her.
AUSA: What did Ms. Ventura say?
Garcia: That she had a movie coming out and wanted this to not come out.
Garcia: He wanted my ID, and that of Mr. Medrano and the responding officer, Mr. Florez. But he is a very straight guy and probably wouldn't do it. I told Bill Medrano.
AUSA: What did Mr. Medrano say?
Garcia: We'd get Henry Elias, the other responding officer.
Garcia: When Mr. Combs saw the IDs, he looked at Henry's and said, Yeah, that's him. Then he brought out the NDAs, that I wouldn't speak about it.
AUSA: GX C-106. Do you recognize this?
Garcia: It states I have provided the only copy of the video.
AUSA: Did you read it?
Garcia: No, I was nervous.
AUSA: Were you given a copy?
Garcia: No.
AUSA: And the NDA, what were the liquidated damages?
Garcia: $1 million.
AUSA: How much were you making?
Garcia: $10.50 an hour
AUSA: Then what?
Garcia: Mr. Combs put cash through the money counter. There were stacks of ten thousand at a time. The machine displayed at the end, $100,000.
AUSA: Why the additional $50,000?
Garcia: For me and what he thought was Israel Florez.
AUSA: How did Mr. Combs give you the $100,000?
Garcia: In a brown paper bag.
AUSA: Was the bodyguard there?
Garcia: Yes.
AUSA: And Ms. Khorram, was she present?
Garcia: I would say at some point yet. I stood up.
AUSA: Signifying?
Garcia: That's I'd be leaving
Garcia: Mr. Combs escorted me to my car. He asked how I'd be spending it, he said not to make any big purchases
Judge: Mr. Steel, if you are objecting, speak into the microphone... That's sustained. Disregard the last part of that.
AUSA: What did you do?
Garcia: Called Bill Medrano and gave him $50,000.
AUSA: How much to Mr. Elias?
Garcia: $20,000.
AUSA: What did you do with your $30,000?
Garcia: Bought a used car with cash.
AUSA: Did you hear from Mr. Combs again?
Garcia: Yes, he called and told me, Happy Easter, if I ever needed anything.
AUSA: And did you reach out to him later?
Garcia: A few year later via Instagram, asking if there was work in LA. I never heard back
AUSA: Sidebar
[They've back]
Judge: Anything further Ms. Steiner?
AUSA Steiner: Yes. Mr. Flores, did you see this video again?
Garcia: Yes, on a news outlet. Also, Mr. Florez messaged me a screenshot
AUSA: Did you keep these messages?
Garcia: No. I wanted nothing to do with it
AUSA: Were you contacted by law enforcement?
Garcia: Yes.
AUSA: Did you tell the truth?
Garcia: No. I wanted nothing to do with it.
AUSA: Did you get your own lawyer and then told the truth?
Garcia: Yes.
AUSA: No further questions.
Judge: Mr. Steel?
Combs' Steel: Sir, you were in the condominium unit with Mr. Combs and others and receive double what your boss was requesting, fair?
Garcia: Yes.
Steel: You told your boss because you are honest, right?
Garcia: Yes.
Steel: You asked Mr. Combs for work?
A: Yes
Combs' Steel: Let me show you the NDA - this part says Exclusions, right?
Garcia: Under NDA you can't speak, is my understanding
Steel: It says, nothing prohibits truthful statement in a legal proceeding
Garcia: I see that
Steel: You weren't law enforcement?
A: No
Combs' Steel: I have nothing further.
Judge: Re-direct?
AUSA Steiner: NDA, para 4. Can you read it, after However?
Garcia: notify company, to allow company to prevent disclosure
AUSA: So you'd have to notify them first?
Garcia: Yes.
Steel: Objection!
Overruled
AUSA: Nothing further
Judge: Break
Note: will try to modify replies, to make thread easier to follow, we'll see when restarts
If like & can, support: Extras, as on X for Subscribers / repliers x.com/innercitypress… matthewrussellleeicp.substack.com
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[Note: Today's thread continues / has been restarted at with, as suggested, replies limited to try to make the thread work better. We'll see
4:59 pm
In the courtroom, Combs' lawyers Brian Steel and Jason Driscoll are patting each other on the back. Agnifilo is in the holding cell with Combs; his family is i the second row of the gallery.
5:04 pm
Combs' lawyers Agnifilo, Alexandra Shapiro and Teny Geragos emerge from the holding cell. Still waiting for Sean Combs to be brought into the courtroom by US Marshals
9:15 am
Sean Combs is in the courtroom, talking with his lead lawyer Agnifilo. Also in the well: Shapiro, Westmoreland, Driscoll, Steel. Prosecutors nowhere to be seen.
9:30 am
Now Sean Combs is talking with his lawyer Nicole Westmoreland, while four other of this lawyers huddle to the side. Combs stands up, asking Marshals, and is allowed to speak to his family seated in the front row. Now back into holding cell.
Judge Subramanian: Ms. Comey, can we make sure that things that have been emailed in are put in the docket?
[Better late than never: this is what Inner City Press requested in Week 1: storage.courtlistener.com/recap/gov.usco…
Judge Subramanian: I am adopting the Government's answer to the drug distribution question.
Combs' Driscoll: Can we just put something on the record, about sole possession? This definition of distribution would mislead the jury
Driscoll: But-
Judge: Hold on
OK - now in Drake v UMG [Kendrick Lamar] case, iral argument. Inner City Press has covered the case from the start and will live tweet, thread below innercitypress.com/sdny4vargasdra…
Judge Vargas: You seem to say a diss track could never be defamatory. But NY law says the form is not dispositive.
UMG lawyer: Look at the shock jock case(s)
Judge: Not the same thing. Perhaps the court needs more info [and cannot dismiss]
UMG lawyer: Drake opened the door, in the 3d person, si that when Kendrick Lamar says, Heard you like 'em you, there is no surprise
9:12 am - Judge Subramanian enters
Judge: In case there is anything, we'll bring the jury in for the charge.
Combs' Geragos: The laptop is ready, there're a few things we'll finalize during the charge.
Judge: Just email it to Chambers. (That is, not in the docket)
Judge: All rise!
[Jurors enter]
Judge: I'll read you the charge, it's long but I'll try to make it interesting. You have now heard all of the evidence in this case as well as the final arguments of the parties. I will instruct you on the law - as I give it to you
Judge: Before the defense closing, what about the laptop of exhibits?
AUSA: We are both still working on it. There are a lot of exhibits.
Judge: Why don't we not give the laptop to the jury until Monday? Today we have the defense, the rebuttal, and my charge
Judge: So, deliberations will start Monday. I sent the parties my charge and the verdict form
[Neither is yet in the docket]
Combs' Geragos: May I confer with Mr. Agnifilo?
Judge: Of course