[Before jury comes in]
Judge: What about the witness' conflicts with other romantic partners?
AUSA: The last one was with a colleague, not a girlfriend
[Note: none of this is in the docket, despite Inner City Press' filing &Judge's orders storage.courtlistener.com/recap/gov.usco…
Combs' Shapiro: This is impeachment material
Judge: These are assaults under Rule 608(b)? Is that fair?
Shapiro: It's not 608(b)... We're happy to provide the proffer ex parte, it's difficult to explain the fact
Judge: Ex parte proffer is irregular [filings too]
Combs' Alexandra Shapiro: We want to put in album art for Ms. Ventura's Love a Loser video, it shows she is engaged in business independent of Mr. Combs. You're going to ask, why do you need photos-
Judge: I was going to ask that
Shapiro: AUSAs have done it too
Judge: I don't see the probative value of these defense exhibits. The defense is free to question the witness about them. What about drugs?
Combs' Shapiro: It shows the witness was taking ketamine with Cassie, and Mr. Combs didn't like it.
AUSA: It's inadmissible
Judge: Mr. Combs says it's wack, or whack. It goes to state of mind. It is admissible. Anything more? The Doctor Hughes letter?
[That was docketed, at midnight: patreon.com/posts/diddy-do…
Judge: Defense has to Monday to respond. Is Dr. Hughes' 2d testimony about coercive control, given what the 2d Circuit said in [US v Larry] Ray?
AUSA: Yes, under that recent decision.
[Book on US v. Larry Ray trial: amazon.com/gp/product/B09…
AUSA: We are working on a different instruction before the testimony of Jane, on the pseudonym issue.
Judge: Just hand it up, if you agree, and I will read it. Does witness Bryana Bongolan need a 5th Amendment immunity order?
AUSA: Yes. [Colloquy, done]
Judge: I'll ask our courtroom deputy to check on our jury.
Jury entering!
AUSA: First, we wish to enter some exhibits into evidence before the jury. "A search of 2 Star Island by HSI found this cellphone," now Para 14, "the exhibits are excerpts of the data."
AUSA: The data shows Twitter exhibits... & texts to D-Roc, who says, We in the security room. Owner: What does Shorty say? D-Roc: Cass is calling studios looking for you. Owner: What did she say on the other thing? Act like I said I am not fucking with her. D: OK
AUSA: Owner asks, How is her eye? D-Roc: I told everyone a fight broke out in the club. She ain't trippin, she ain't tell nobody, I'm about to call you.
Judge: Thank you. The Government may call its next witness.
AUSA: The Government calls Frank Piazza
[Witness, in suit, is sworn i]
AUSA: Where do you work?
PIazza: Legal Audio and Video.
[Here: legalaudiovideo.com/press
AUSA: Have you testified before?
Piazza: Mostly criminal matters. I've also done some civil, & depositions.
AUSA: Have you been qualified as an expert?
Piazza: 50 times.
AUSA: We move to qualify Mr. Piazza as an expert.
Defense: No objection
Judge: He's an expert
AUSA: How many times have you worked for SDNY?
Piazza: 50 or 100 times.
AUSA: Does that impact your testimony?
Piazza: No. I do 75% defense work.
AUSA: Are you being paid? What is your hourly rate?
Piazza: 295.
AUS: Dollars?
Piazza: Yes.
AUSA: You analyzed cell phone videos, and surveillance videos?
Piazza: Yes.
AUSA: Let me show you.
[Video of toweled Combs kicking Cassie on the ground is shown]
AUSA: What is a frame rate?
Pizza: Frame per second. It can cause a video to have more info per second
Piazza: This cell phone video, video of a video, was shot on an iPhone 6. 30 frames a second. It was not edited or tampered with, I found.
AUSA: Did you reach a conclusion?
Piazza: They are accurate.
AUSA: And the surveillance videos?
Piazza: There were issues
Piazza: The clock was sent to play 30 frames a second, but this was 22 frames. So it played faster. We had to account for that.
AUSA: How?
Piazza: We counted the frames and used software to correct the timing.
AUSA: Were the surveillance videos altered?
A: No
Piazza: Here, the video stream was corrupted. This has caused a distortion.
AUSA: The whole file or just these small pieces?
Piazza: The corruption exists in the video stream. There is a structure called a GOP, a group of pictures. We have predictive frames
Piazza: You don't know this, but a static camera does not re-record a wall that doesn't move each second - it is repeated. Only what moves is recorded. Thank you.
AUSA: Play 55 seconds.
[Video shown: Combs throws Cassie to the ground and kicks her]
AUSA: Did you see pixelation?
Piazza: Yes.
AUSA: Does it represent manipulation?
Piazza: No. You can choose Motion Activity. The camera only turns on when there is motion. But it causes time stamp issues. Go back frame by frame, I want to point something out
Piazza: This seems to be a collision of two issues. Look at the male sitting down. There appears to be a ghost of a person. The Motion Activity begins to sense that we have motion. Now there is a full figure in the frame. That file is corrupted
AUSA: Did you make a compilation?
Piazza: Yes. Your Office requested it. They are edited to track the movement of individuals inside the events.
AUSA: Does it have different camera angles in it?
Piazza: Yes
AUSA: How did you show the changes?
Piazza: Black screen
AUSA: Is this the compilation?
Piazza: Yes
AUSA: Play the first 30 seconds. What is happening?
Piazza: The male is running down the hallway... He throw her down
[Now dragged her, on screen]
AUSA: What did the man just do?
Piazza: Dragging the woman, holding a bag
AUSA: How what is he holding?
Piazza: It appears to be a cell phone, glowing.
AUSA: Let's focus on what happens in the mirror. Play it. What happened?
Piazza: The male picked up a small object, what appears to be vase, and threw it across the room at the woman
AUSA: Continue playing. Who is emerging now?
Piazza: The female. With a duffle, her luggage.
AUSA: Now who?
Piazza: The security person.
AUSA: Now the man [Combs] walks away. Holding what?
Piazza: Appears to be a cell phone. He puts it to his ear.
AUSA: You find these accurate?
Piazza: Yes. And this was all the footage I had.
AUSA: Let's turn to the sex videos. PX 201 to 210. Let me clarify: these are under seal. There was recovered from the Frank Black user on a device provided to the US by Ms. Ventura
AUSA: These are enhanced versions of original videos created in 2012, 2014... Mr. Piazza, what were you asked to do with the sexually explicit video?
Piazza: Enhance the audio component.
AUSA: We admitted these videos into evidence, and no further questions.
[They've back]
Combs' Teny Geragos: What is your understanding of the source of those surveillance videos?
Piazza: The native system.
Geragos: How did they come to your possession?
Piazza: They were exported and transcoded.
Combs' Geragos: Who gave the surveillance video to you?
Piazza: The US Attorney's Office
Geragos: Who gave it to them?
Piazza: I don't know.
Geragos: Did you say it was from a cheap system?
Piazza: I don't think I said that.
Geragos: Let me show you notes [3500]
AUSA: This is only for the witness!
Judge: Yes.
Combs' Geragos: So you called it cheap?
PIazza: I don't know when this document was created.
Geragos: But you thought the system was cheap.
Piazza: In a way.
Geragos: Let me play you 10-C-103
Combs' Geragos: There are two minutes not shown?
Piazza: This is my corrected version. But there are a few issues that we cannot correct. The system is buffering some of that time. And some portions were motion activated.
Combs' Geragos: Let's again play the male coming into the elevator bank at 11:02 and then... The time stamps are jumping around?
[On the video, Cassie is being kicked on the ground]
Piazza: It's constantly playing catch-up
Geragos: Play ahead, we're at 11:11:28
Geragos: The female picks up the house phone - there's some sort of cut. Can you explain?
Piazza: Can you back up and go frame by frame?
Geragos: Sure. But is the male separated from her?
Piazza: Yes. The bag-drop triggered it.
Geragos: A 10 second difference
[Programming note: even I lost track of the thread for some time, kept reverting to "on the ground" 1 hr ago. Now resuming, but this needs to be fixed]
Combs' Geragos: Let's watch it again... Did we just jump about 10 seconds on the time stamp?
Piazza: Yes.
Piazza: There is a five second offset between the two cameras, that's what you just showed.
Combs' Geragos: OK. The female picks up the phone and the male walks away - start again please, is this his walking away?
Piazza: Yes.
Geragos: Play more
Combs' Geragos: Did you see this translucent or ghostlike figure in the cell phone video as in the surveillance video?
Piazza: The cell phone video was not high qualify enough to capture it.
Geragos: But it's not there
Piazza: It is not.
Combs' Geragos: Mr. Piazza, thank you so much for coming, we have no further questions for you.
Judge: Ms. Smyser?
AUSA Smyser: So they are five minutes off?
Piazza: My notes told me there was a five minute 55 second difference. And another offset of five seconds
AUSA: Do these videos reliably and accurate depict what happened?
Piazza: Yes.
Judge: You may go. Before the next witness, a sidebar
[They've back]
AUSA: The Government calls Bryana Bongolan. What else are you called?
Bongolan: Bana.
AUSA: What do you work in?
Bongolan: Fashion designed.
AUSA: What did Mr. Combs do to you?
Bongolan: Held me over a 17th story balcony
AUSA: Any after-effects?
Bongolan: Night terrors. I wake up in my sleep.
AUSA: Who is this? [Shows photo]
Bongolan: It's Casandra Ventura, Cassie, my friend. I met her in 2013 at Young and Reckless, the streetwear company. Then at Diamond Designs.
AUSA: How would you describe Cassie's relationship with Mr. Combs?
Bongolan: Volatile. I did not want to meet him right away, I had seen a black eye. She begged me to meet him.
AUSA: Did you do design work for Mr. Combs?
Bongolan: A little
AUSA: Where did Mr. Combs live?
Bongolan: I think in like Beverly Hills.
Combs' Nicole Westmoreland: Objection! Speculation!
Judge: Ask another question
AUSA: Do you know the name of the street?
Bongolan: Mapleton. 200 South Mapleton
AUSA: What did you do with Cassie?
Bongolan: Drugs... And we'd go shopping. We'd hang out with Deonte and others.
AUSA: Is this a photo of you and Cassie shopping?
Bongolan: Yes. In April 2016. Puff texted Cassie, asked where she was - sent a list where we'd been
AUSA: Had you or Cassie told Mr. Combs where you were?
Bongolan: No.
AUSA: How did it make you feel?
Combs' Westmoreland: Objection!
Judge: Overruled
Bongolan: Like, oh my God, he knows where we've been.
AUSA: Where would you sleep at Cassie's?
A: Couch or balcony
AUSA: Did Mr. Combs come over?
Bongolan: Yes. He banged on the door and came in.
AUSA: Do you know how?
Bongolan: I don't know. He was upset. He threw a knife in her direction. And she threw it back. He left swiftly.
AUSA: Were you doing drugs?
A: I don't remember
AUSA: Did you call the police?
Bongolan: No.
AUSA: Why not?
Bongolan: I was scared.
AUSA: Did you see injuries on Cassie?
Bongolan: She showed me on Facetime before make-up for The Perfect Match.
AUSA: What did she say?
Bongolan: She was quiet
Bongolan: We were at a party at the Blind Dragon, a karaoke bar in West Hollywood. Then we went to Cassie's house to help her pack. Deonte was there. Puff came...
AUSA: Are you under subpoena?
Bongolan: Yes. I won't get in trouble if I am truthful.
AUSA: Did Mr. Combs provide you drugs?
Bongolan: Yes. One was called G, I am not an avid user. Ketamine. Marijuana. Cocaine.
AUSA: How often did you get drugs for Cassie?
Bongolan: Often. Those Oxy pills.
AUSA: Did she pay you?
Bongolan: Yes.
AUSA: Did you get drugs for Mr. Combs?
Bongolan: Yes, once. Cocaine.
AUSA: Did you sell drugs to others?
Bongolan: Yes, sometimes.
AUSA: Did you try with Cassie to stop drugs?
Bongolan: Yes. We'd try to cook. But there were a lot of drugs around.
AUSA: Has Mr. Combs ever threatened you?
Bongolan: Yes.
AUSA: Let me show you a photo from April 2016. Who is in it?
Bongolan: This photographer who goes by the name Bad Boi, with an i. We thought it was cool that was his name. We thought we'd made some art.
Bongolan: Puff came up close to my face and said, I am the Devil and I could kill you (seems to sob)
AUSA: Were you taking drugs that day?
Bongolan: Probably cocaine.
AUSA: Did you continue to see Mr. Combs are that?
Bongolan: Yes.
AUSA: Why?
Bongolan: IDK
AUSA: Did you tell the Government about this threat in your first meeting?
Bongolan: No.
AUSA: Why?
Combs' Westmoreland: Objection!
Judge: Sustained.
AUSA: We could break here
[They've back]
Judge: Anything before we bring the jury in?
AUSA: No disputes (laughs). But we now think Jane will not get on the stand today, given how this is going. We would like to get Enrique Santos on today, some exhibits for Jane. & tech issues
Judge: OK.
Jury comes out - then is told to return to the jury room.
Judge: Jurors, we have some tech issues, have to go under the tables. I'm going to ask you to retire to the jury room, just for your comfort. We'll bring you back in a few minutes.
[Jury comes back]
AUSA Smyser: What happened on the balcony?
Bongolan: I was there
AUSA: Now was there?
Bongolan: Cassie and my ex girlfriend at the time.
AUSA: What were you doing?
Bongolan: Sleeping on the couch with my ex.
AUSA: Doing drugs?
A: I don't recall
AUSA: What did you do when Mr. Combs arrived?
Bongolan: I took my ex-girlfriend to the bathroom, I went "shhh."
AUSA: Why?
Bongolan: I didn't want to expose her to what I saw.
AUSA: Then?
Bongolan: Went out on the balcony and either lit the blunt or was about to
Bongolan: Mr. Colms came up behind me on the balcony. He lifted me up and put me on the railing.
AUSA: Can you show us how he held you?
Bongolan: To myself?
AUSA: Show us. How much did you weigh?
Bongolan: I can't say because of the drugs, but about 115 pounds
AUSA: What did Mr. Combs scream at you?
Bogolan: He yelled, You know what the f*ck you did! I said back, I don't know what the f*ck I did.
AUSA: How long did he hold you there?
Bongolan: How long it takes to say that multiple times, You know what the f*ck you did
AUSA: What next?
Bongolan: He threw me on the balcony furniture.
AUSA: Were you injured?
Bongolan: I didn't know at first.
AUSA: What'd Cassie say?
Bongolan: Along the lines of, Did you just hang her over the balcony? Then I heard, "Her girlfriend is in the house"
Bongolan: He left, and I left - I wanted to take a shower, I felt disgusted. I saw a huge bruise on my leg. With like a piercing in the middle. And back and neck pain.
AUSA: Is this photo a fair and accurate representation of your leg?
Bongolan: Yes.
Bongolan: I called one of my managers and they said, if you're scared of anything else, just go to a chiropractor.
AUSA: Did you tell the chiropractor who'd done it to you?
Bongolan: No. They asked but I just paid and took the neck brace.
AUSA: Is the neck brace in this photo of you?
Bongolan: Yes.
AUSA: Did you ever talk with Mr. Combs about this?
Bongolan: I said, I don't want any problems with you. He didn't say anything.
AUSA: When did you last see them?
Bongolan: Jan 2, 2018.
AUSA: How do you remember?
Bongolan: I tattooed the date on myself.
AUSA: Why?
Bongolan: It's the day I decided to get sober. It was a New Years thing in Miami, at the One Hotel. Puff, Cassie and I did 8 hours of ketamine together.
AUSA: Are you aware Cassie included the balcony incident in her complaint?
Bongolan: Yes. I told her she had facts wrong, it wasn't in a hotel, and Tiffany
AUSA: Have you talked with Cassie about your testimony or hers?
Bongolan: No. I have nightmares, I scream
AUSA: When the last time you had nightmares?
Bongolan: The other day.
AUSA: Have you hired a lawyer about the balcony incident?
Bongolan: Yes. My first lawyer, hired in January 2024.
AUSA: Did you mention everything in your first meeting with us?
A: No
AUSA: Did your first lawyer sent demand letters to Mr. Combs?
Bongolan: Multiple. And the demand was high. He picked it.
AUSA: Did you approve the letters?
Bongolan: No. They were incorrect. I let him go -
AUSA: Who?
Bongolan: Tyrone Blackburn
AUSA: Did people reach out to you?
Bongolan: Tiffany. Cassie. The producer Rob Holladay.
AUSA: Was he friends with Mr. Combs?
Bongolan: Yes...
Combs' Westmoreland: May we have a sidebar?
Judge: We may
They've back
AUSA: Who did Mr. Holladay say he was calling for?
Bongolan: Puff.
AUSA: What offer was he authorized to offer?
Combs' Westmoreland: Objection!
Judge: Sustained.
AUSA: How did you feel during the call?
Bongolan: I declined the offer
Combs' Westmoreland: Not responsive
Judge: Sustained. Move on unless you are prepared to ask some of the foundational questions we discussed at sidebar.
AUSA: Did you talk with him again?
A: No
[After yet another sidebar]
Judge: The objections are sustained. Move on.
AUSA Smyser: Your lawsuit, did you write it?
Bongolan: No.
AUSA: How much is being requested?
Bongolan: $10 million...
AUSA: Nothing further.
Judge: Cross?
Combs' Westmoreland: Yes please
Combs' Westmoreland: I need to ask you some questions- you have immunity as long as what you say today is true, right?
Bongolan: Yes
Westmoreland: Who decides if you're lying?
Bongolan: The prosecutors?
Westmoreland: Ms. Bon-GOLan, you were a graphic designer?
Yes
Combs' Westmoreland: You and Cassie would work on designs, including at her hour, true?
Bongolan: Yes.
Combs' Westmoreland: Alright. You were focused on a T-shirt design.
Bongolan: There were a lot of things.
Westmoreland: She asked you to come over?
A: Yes
Combs' Westmoreland: You suggested Cassie do a photo shoot in the pool in just a T-shirt?
Bongolan: That wasn't the first idea. But yeah.
Westmoreland: You began to feel comfortable with her?
Bongolan: Sounds around it.
Westmoreland: You spent the night?
A: Yes
Combs' Westmoreland: You went to parties with Cassie?
Bongolan: Not going to parties. We partied.
Westmoreland: OK. You did a lot of drugs with Cassie?
Bongolan: Yes.
Westmoreland: How did marijuana make you feel?
Bongolan: Sometimes hungry.
Combs' Westmoreland: How does Ecstasy make you feel?
Bongolan: Uplighted.
Westmoreland: How about G?
Bongolan: Like the negative parts of alcohol.
Westmoreland: Perc?
Bongolan: I threw up
Westmoreland: Cocopuff?
Bogolan: Blunt with weed and cocaine
Combs' Westmoerland: You would agree with me that you and Cassie had a serious drug problem?
Bongolan: Yes.
Westmoreland: You sold drugs to Cassie a lot?
Bongolan: Yes.
Westmoreland: You got her 100s of pills?
Bongolan Yes. They were hers.
Combs' Westmoreland: Name the drug dealers.
Bongolan: I don't know if I can.
Westmoreland: Let's refresh. In this job, your clothing line did not work out due to the skater mentality at Diamond Supply Company?
Bongolan: I believe they saw the vision but, whatever
Combs' Westmoreland: You believed you were one of Cassie's best friends?
Bongolan: Yes.
Westmoreland: But you didn't meet Mr. Combs for a year. You met in 2016, first time at a dinner at this house?
Bongolan: Yes.
Westmoreland: He was standoffish with you?
Yes.
Combs' Westmoreland: Did you talk with Deonte Nash after his testimony?
Bongolan: Yes.
Westmoreland: But not about his testimony, right?
Bongolan: We know what's going on.
Westmoreland: You don't need to talk because you know-
AUSA: Objection!
Judge: Sustained
Combs' Westmoreland: You hired Tyrone Blackburn to sue Mr. Combs?
Bongolan: It was to seek justice.
Westmoreland: Your definition of justice is to sue Mr. Combs?
Bongolan: Can you rephrase that?
Westmoreland: Suing for money?
Bongolan: Yes.
Combs' Westmoreland: Nov 2023 you are aware Cassie filed a lawsuit - you were working together then?
Bongolan: Yes.
AUSA: May we have a sidebar?
Judge: You may
[They've back]
Combs' Westmoreland: Cassie ncluded the balcony incident in her lawsuit?
Bongolan: True.
Westmoreland: Cassie said, This happened at a hotel, true?
Bongolan: She didn't say it like that.
Westmoreland: You said, Your apartment, it has a balcony?
Bongolan: I didn't say it like that.
Combs' Westmoreland: Cassie told you she never saw you over a balcony?
Bongolan: No ma'am. I don't remember
Westmoreland (laughs) Alright. Right here. Read this page then look up. You had these conversations?
A: IDK
Combs' Westmoreland: About this alleged balcony incident, you and Ms. Ventura talked about the date, the place, who was there?
Bongolan: True.
Westmoreland: In 2015 and 2016 you didn't see any signs of violence, true?
Bongolan: I don't know the exact year
Combs' Westmoreland: The birthday party, what drugs were you doing?
Bongolan: I don't remember.
Westmoreland: Alleged knife throwing incident - he just walked in and threw a knife?
Bongolan: I'm not sure.
Westmoreland: Are you telling the truth?
AUSA: Objection!
Judge: Sustained.
Combs' Westmoreland: Didn't you tell the Government they would get in knife fights, plural?
Bongolan: I don't remember
Westmoreland: Let me show you
Bongolan: I was suggesting where the knife came from
Westmoreland: Because it makes no sense
Combs' Westmoreland: You're saying you don't know how he got in to throw the knife, but once he's left you're no longer worried?
Bongolan: I don't remember how I felt.
Westmoreland: You say at a photo shoot Mr. Combs said, I could kill you?
Bongolan: Yes...
Combs' Westmoreland: But at first you told the government it was at a party.
Bongolan: I don't know.
Westmoreland: Your first demand letter said Mr. Combs said I could kill you while he hung you over the balcony?
Bongolan: He did both. Just not at the same time
AUSA: Sidebar. J: Yes
[After long sidebar]
Combs' Westmoreland: You met the Government Jan 18, 2024, didn't mention the "I could kill you" - but put it in your subsequent demand letter?
Bongolan: Yes, in a demand letter. I don't know when.
Combs' Westmoreland: Read this.
Bongolan: The whole thing?
Westmoreland: This paragraph.
Judge: As much as you want
Bongolan: Thanks... OK
Westmoreland: You didn't tell the government about "I could kill you" - and Tyrone was there?
Bongolan: Yes. I let him go
Combs' Westmoreland: Drugs were expensive, right?
Bongolan: They are expensive?
Westmoreland: Now?
Bongolan: I don't know
Westmoreland: Did you run out of money for drugs?
Bongolan: I don't remember that
Westmoreland: You and Cassie had a drug partnership?
A: Yes
Combs' Westmoreland: Cassie would pay for the drugs, you'd go buy them?
Bongolan: Yes.
Westmoreland: Did you meet the Government on May 25 2025 - and June 2, 3 and 4?
Bongolan: Yeah that's not long ago.
Westmoreland: That's today.
Bongolan: I'm not good with dates
Combs' Westmoreland: The balcony incident, didn't you tell the Government there was a party in the apartment?
Bongolan: I don't remember that
Westmoreland: You told the Government your girlfriend was in the bathroom, not that you took her in there?
Bongolan: My ex
Combs' Westmoreland: Your complaint says you were smoking a cigarette on the balcony, not weed?
Bongolan: I don't remember.
Westmoreland: Different things?
Bongolan: Yes.
Westmoreland: You told the Government you recalled he was charging at you?
A: Don't remember
Combs' Westmoreland: Didn't you first say Mr. Combs sexually assaulted you on the balcony?
Bongolan: I show them where his hand were.
Westmoreland: You said he groped you breasts - or, your lawyers said it?
Bongolan: My lawyers said that.
Combs's Westmoreland: Didn't you tell these prosecutors, two days ago, that you couldn't remember what happened out on that balcony?
Bongolan: I don't remember.
Westmoreland: Do you remember what drugs you were on?
Bongolon: No.
Combs' Westmoreland: Didn't you tell the government you took Molly, G and cocaine?
Bongolan: That's a lot of drugs.
Westmoreland: Didn't you take them all?
Bongolan: No all on that night.
Judge: Ms. Westmoreland, how much more do you have?
Combs' Westmoreland: How much can I get? (laughs) I'd like to finish today.
Judge: I ask you how long.
Westmoreland: Quite a bit more.
Judge: Jurors, you may go, until 11 am tomorrow
Jury leaves
Judge: How much more?
Combs' Westmoreland: 45 minutes. Maybe 30.
Judge: Anything else?
AUSA Johnson: I emailed you during the afternoon about a pseudonym order for Jane
[Note: this is not in docket despite this Press filing: storage.courtlistener.com/recap/gov.usco…
Combs' Shapiro: There has been a chilling effect on media coverage, even of demeanor of the witness.
Judge: I don't think people in the courtroom and the other courtrooms were trying to violate the order. Nor do I think they were chilled
[Where are the arguments?]
Combs' Alexandra Shapiro: I disagree that there has been no chilling effect, at least with respect to the mainstream press.
Judge: I think I will be reading the order.
[What order? When will any of this be docketed?
Combs' Xavier Donaldson: Now we can't even to talk to him on the phone. He has the minutes, but he can't call us. It says, You have no minutes.
Judge: What does MDC Legal say?
Donaldson: That he has no minutes
Judge: Can he use CorrLinks?
Defense: That's not like texting, it can be on a 48 hour delay.
Judge: I will issue an order. See you tomorrow.
OK - now at Liner Freedman v. Blake Lively, case about Lively's subpoena on Bryan Freedman's firm which represents Justin Baldoni (and is trying to quash the subpoena). Inner City Press wrote the book and will live tweet, thread belowamazon.com/dp/B0DWC8BH55
2:10 pm
All rise!
Judge: I'll hear on the motion to quash the subpoena.
For Liner Freedman, Ellyn S Garofalo: The Lively parties cite cases where opposition counsel was involved in resolved lawsuits or were involved in the matters are issue. Not the case here
Liner Freedman's Garofalo: Here, they allege an "untraceable" smear campaign. Whether the Liner firm has any relevant documents about communications with content creators is in dispute-
Judge: One might say if there's a dispute, there can be discovery, if relevant
[After yet another sidebar, Storm's lawyer Axel is talking to the prosecutors. At defense table, Klein tells Patton (who's doing the closing), No pressure. They laugh.
Still waiting for kick-off
9:35 am
Jury entering!
Judge: We begin with the Government.
AUSA Gianforti: You have had a front row seat to the world of international crime. Roman Storm knew what he was doing and he made millions of dollars. He found the real money was not in privacy but crime
AUSA Rehn: They want to put in that Chainanalysis ran a relayer and also was a government contractor - but of course there are government contractors, reputable ones, that have engaged in criminal activity
Judge: I'm not sure "reputable" is coming in
Storm's lawyer Klein: We should be allowed to put a face on the relayers
Judge: But you are putting them on as a custodian
Klein: This was a decentralized protocol, they claim it ws all one giant thing working together.
Judge: I don't think that's their argument
OK - now in US v. Roman Storm, defense case Day 3, Edman - & Melekan who opposed Tornado Cash sanctions. v. Agent George patreon.com/posts/crypto-t… Inner City Press put out book about the case, Crypto Tornado amazon.com/dp/B0FHXTCNCR & will live tweet, thread below
Judge Failla: Defense, call your next witness.
It's expert Matthew Edman of NAXO.
Storm's lawyer Axel: Have you testified in the SDNY?
Edman: Yes. And I did a written submission for the US prosecutors in the Northern District of California.
[Long intro to jury]
Storm's lawyer Axel: If the Tornado Storm founder like Mr. Storm were hacked today could the hackers use the credential to steal money from the pools?
Edman: No. It's immutable.
Axel: Did you listen about the incidents?
Edman: Yes. They were after immutability
[Before jury in]
Storm's lawyer Klein: The prosecutors gave us a big spreadsheet from Special Agent George too late
Judge: How did this happen?
AUSA: Agent George only recently gave us the information. We don't think his testimony on this should be stricken
Storm's lawyer Klein: We only were given this new data yesterday - we didn't have it for our cross examination of Agent George.
Judge: I will have to think about this.
Storm's lawyer Axel: There was not a motion that all facts in the case must end in August 2022
Storm's lawyer Axel: In your review, were there transactions not related to Torn?
IRS-CI Agent George: Yes, Ma'am.
Axel: You found USDT coming out of the Binance account?
George: Yes.
Axel: To a pseudonymous wallet?
George: Right. I used communications from DOJ
Now: US summary witness O'Sullivan
AUSA: Mr. O'Sullivan, please look at the binder in front of you
Judge: Is this an exhibit?
AUSA: For now it is just a demonstrative... Mr. O'Sullivan, in the chart in front of you, are the dates plotted and are they accurate?
Yes