[Before jury in]
Combs' Agnifilo: The Government's proposed witness for today does not know how the guns were moved and piled in the security room. He has no personal knowledge. We can him excluded.
Judge: He is not an expert witness. He is a fact witness.
AUSA: When he was at the premises, the guns were found in the security room. They can cross examine. There is nothing prejudicial-
Judge: It's not about prejudice. Mr. Agnifilo is going to object to every statement. That's the issue.
Combs' Agnifilo: I don't want jurors to see me to objecting every time to guns. There is nothing illegal about these guns. Mr. Combs has professional security, guns were in the safe. This witness is prejudicial. I don't care they don't know where Astroglide was
Combs' Agnifilo: But these are guns. Let them put on the Agent who actually found guns. This witness should not testify.
AUSA: This is how every law enforcement search is done - the property is secured before the search begins. They can ask [pronouncing it awsk]
Judge: Mr. Agnifilo, the defense would stipulate that the guns were there, right?
Agnifilo: You're asking for the first time. I know the property well, I've been there many times. The security room has been locked.
Judge: Can we find the person who did this?
AUSA Comey: May I step up? This is how HSI [Homeland Security Investigations] does searches - they have a team that goes in to make the area safe, they are not the experts in collecting evidence. Ms. Foster can ask about that; I expect he'll say it was made safe
Combs' Agnifilo: I'm not seeing how the guns are relevant, if they were locked up. Guns are a very divisive issue.
Judge: The witness can be asked about all this. That's how we'll proceed.
Agnifilo: I had no idea he had no idea where the guns were found.
Combs' Agnifilo: I want to know where the guns were found. I don't want to play Russian Roulette with guns - that is how Russian Roulette is played, by the way
[rim shot]
Judge: The agent can testify. Now as to the juror, why can't we bring the juror out today and get to the bottom what the parties have raised
[in submissions they have not put in the docket despite storage.courtlistener.com/recap/gov.usco…
Combs' Agnifilo: This juror is not a professional speaker, these were honest answers. I am hesitant to raise this issue again and lead the juror to think we think he said something wrong. The juror's answers are innocuous. We were concerned about his residency
Combs' Agnifilo: Residency was resolved. This jury is diligent. Let's treat them with respect.
Judge: There is no issue with qualification to serve, this juror met the qualifications at the time. It was vague enough that the answers can be reconciled.
AUSA: The juror has said multiple things they cannot all be true. Additional steps should be taken, to protect the record.
Judge: My preference would be to run it to ground and hear from the juror. I expect we will hear a perfectly reasonable explanation.
Judge Subramanian: But let me say, the allegation in court that the Government is engaging in bias, there is no basis for that statement. Not in jury selection nor what occurred in the robing room. It is understandable they would raise this to the court
Combs' Alexandra Shapiro: We are concerned if we bring the juror back in for questioning, it might impact behavior during deliberations.
Judge: We don't have to get into this right now. Mr. Combs, are you waiving the issue?
[Indicates yes]
Judge: The question was, where do you live, an answer saying Bronx was accurate. One might move, but it wouldn't raise to the level of removal of a juror.
AUSA: Sure some of the other cases are more extreme. Here Rule 24(c) is operative
AUSA: Given where we are now, it is the Government's position we should get to the bottom of this issue. We have at least one question. Does the juror's employer have a residency requirement? That might explain the answer
Combs' Shapiro: This would be harassing the juror, to inquire about the employer.
AUSA: I don't understand why the defense is so adverse to asking this question. I wasn't present when this juror was questioned in the robing room.
Judge: If we or I question him, let's do it at the end of the day. Let's bring the jury in, then the witness.
AUSA: Ms. Foster is telling the witness about the new questions.
Judge: OK, break
9:46 am - jury entering
Judge: All rise! Jurors, you can see we are only 50 minutes late today, so we are doing better [smiles]
AUSA Comey: We introduce the following exhibits, these under seal: E-331-BR, -C, -FR, -HR, etc all under Your Honor's pseudonym order
AUSA: Before the witness comes in, we introduce these text messages involving Kristina Khorram. Let me read:
Puff Music Phone 2: Make sure Robyn pays her rent.
KK: Robyn send her rent was paid
AUSA: In the vicinity of Newark Airport, cell phone from Damian Butler
AUSA: And this message:
"Three of my doors are broken, this is crazy
D Roc: He is coming to the house. He just text me. I don't think it is a good idea to leave your place. That's not going to make it better
He has my key, I don't feel safe
AUSA [reading] The key as a blue fuzzy tail, just take it
D Roc: I'm at the house, Puff is here. You know I can't take your keys from him.
Judge: Thank you. The Government may NOW call its next witness.
AUSA: The Government calls Special Agent Andre Lamon.
AUSA: Where do you work?
Agent Lamon: HSI in Los Angeles, in the human trafficking unit.
AUSA: Do you execute search warrants?
Lamon: Yes. Fifty or sixty so far.
AUSA: Did you search 200 South Mapleton Drive LA?
Yes
Agent Lamon: HSI New York asked HSI LA to be involved. We executed the search warrant.
AUSA: Here's an exhibit, please publish it
[200 South Mapleton Drive]
AUSA: What are these other buildings?
Lamon: Sauna, recording studio.
AUSA: What room were searched?
All
Agent Lamon: It is a large property. I went through the objects that we seized then entered them into our case management system.
AUSA: We move to enter into evidence these exhibits
Agnifilo: Objection!
Sidebar...
[They've back]
Judge: The exhibits are admitted.
AUSA: What are these?
Agent Lamon: The floor plans of 200 South Mapleton
AUSA: How do you know they are accurate?
Lamon: I was there.
AUSA: How many manila envelopes were there in the nightstand?
Agent Lamon: Six.
AUSA: What was written on them?
Lamon: K
AUSA: Publish the stipulation - testing determined in the K envelope - with a shamrock on it - was ketamine
AUSA: Is there a safe in this closet?
Agent Lamon: Yes. It's gray, there in the photo.
AUSA: What was in the safe?
Lamon: A passport for Sean Combs, and a plastic bag with substances in it.
AUSA: Stipulation at Para 15-16, Testing found the brown pebbles were MDMA
AUSA: What is in this bag?
Agent Lamon: J&J baby oil, Astroglide and some lingerie
AUSA: Where else were Astroglide and baby oil found?
Lamon: In the bathroom... In the garage...
AUSA: Show the photos
[Bookcase full of baby oil, drawer full Astroglide
[Next photo: Boxes marked Astroglide- two dozen boxes
AUSA: Where were these boxes of Astoglide?
Agent Lamon: In the garage.
AUSA: Overall how much bottles of baby oil did you find?
Lamon: 200.
AUSA: How many bottles of Astroglide in 200 South Mapleton?
Lamon: 900
AUSA: Let's turn to the firearms found in the residence. What are these?
Agent Lamon: A Ruger, a Glock pistol, some AR-15 platform-
AUSA: Show the photo. What is this?
Lamon: The Smith & Wesson rifle on the chair. Three 30 round magazines
Agent Lamon: There is a 5.11 bag
AUSA: What's that?
Lamon: Just a bag.
AUSA: And this?
Lamon: Rifles and a Mossberg shotgun.
AUSA: And this?
Lamon: A drum magazine, large capacity, this one was a 60 round. It had 59 rounds of green-tip ammunition in it
AUSA: What does green-tip ammunition do?
Agent Lamon: It is designed to pierce body armor.
AUSA: Could you go look at the boxes of firearms in the cart next to you?
[Lamon does, goes off-mic]
Lamon: ...the serial numbers, where they existed, matched up
AUSA: Do any of the firearms not have serial numbers?
Agent Lamon: One did not, this one [holds long gun up]
AUSA: How are serial numbers eliminated?
Lamon: Sanded off with a machine. It's smooth. Not like it was done with a screwdriver.
AUSA: No further questions
Judge: Mr. Agnifilo?
Combs' Agnifilo: You are aware that Mr. Colms has security, right?
Agent Lamon: Yes.
Agnifilo: And every gun and piece of ammo was recovered from the security office, right?
Lamon: Yes
Agnifilo: There were no guns in kids' bedroom?
Lamon: None
Combs' Agnifilo: Was the security office door locked?
Lamon: Not when I got there.
Agnifilo: But before - isn't it important? Did it have a lock?
Lamon: It had a knob. Lock, I don't know.
AUSA: You have no reason to think the safe was open before you got there
No?
Agent Lamon: We brought a locksmith. But I didn't see him touch that safe.
Combs' Agnifilo: We're in Mahattan, we don't know a lot about guns - sorry
Judge: Withdrawn.
Agnifilo: This was a gun safe?
Lamon: Designed for that.
Agnifilo: Why not photo of opening it?
Agent Lamon: SRT goes in first.
Combs' Agnifilo: So because of this protocol we don't have any photographs. So you use a body cam?
Lamon: No.
Agnifilo: In your human trafficking work, have you ever dealt with Astroglide before?
Lamon: Only in this case.
Combs Agnifilo: OK (chuckles)
Judge: No comments, please.
Agnifilo: So the baby oil was in the garage?
Agent Lamon: It was the Astoglide in the garage.
Agnifilo: You're from LA?
Lamon: Yes.
Agnifilo: Enjoy. No further questions.
No re-direct.
[They're back for Jonathan Perez to invoke the Fifth]
AUSA: Do you intend to assert that right, as explained?
Perez: Yes.
Judge: I will enter the order of immunity.
AUSA Comey: My colleagues tell me Mr. Combs has been nodding during cross. Please instruct him
Combs' Brian Steel: It is my affirmation Mr. Combs has done nothing inappropriate.
Judge: Alright, very good. We had an exchange about this a few days ago. There's going to be some amount of reaction to testimony that is given. It is impossible to police all of it
Update of 11:28 am: Kanye West has just arrived in SDNY courthouse - ran down to the lobby, Marshals reminded, on photos - but Ye came in in white pants and jacket, security with him, one forgot the token they give you to pick up your phone when you leave
Update of 11:35 am - Combs, seated, is surrounded by and speaking with Agnifilo, Nicole Westmoreland - and Xavier Donaldson, who was down in the lobby waiting when Kanye West came in...
11:46 am - trial resuming
Judge: All rise! [Jury enters] Government may call its next witness.
AUSA: The Government calls Jonathan Perez.
[Witness takes stand, in brown tie on brown shirt]
AUSA: Where are you from?
Perez: Fort Lauderdale, Florida.
AUSA: What was your work?
Perez: Personal assistant to Mr. C, Sean Combs.
AUSA: From when?
Perez: December 2021 to September 2024.
AUSA: How did you learn of the job?
Perez: KK reached out to me. Kristina Khorram. I had interviewed with her for the same job.
Perez: KK told me to go to Miami for a trial
AUSA: What do you mean?
Perez: To try the job for a week. I passed the test, got hired
AUSA: What was your job?
Perez: Making sure he had material for meeting. Buying gifts.
AUSA: Where did you work?
Perez: LA & Miami.
AUSA: Did KK and Mr. Combs appear to be personal friends too?
Perez: It would depend on the day.
AUSA: And you and Mr. Combs?
Perez: First six months, little interaction. It was KK who'd give me instructions.
AUSA: Then from Mr. Combs?
Perez: Yes
AUSA: When you were employed by Mr. Combs were you aware of the term "King Night"?
Perez: Yes. Mr. Combs going to a hotel to have private time with, uh, a female.
AUSA: Let me show you a photo under seal, I will refer to her as Jane
Perez: Yes, she was a guest
AUSA: Did you include honey in your set-ups for King Nights?
Perez: Yes.
AUSA: Why?
Perez: Honey, uh, increases a man's libido.
AUSA: What lights would be bring?
Perez: Red. But they could change colors. We'd better than at Target, or Walgreens, or Amazon.
AUSA: Would you make purchases at sex stores?
Perez: Yes.
AUSA: Would staff do clean up after King Nights?
Perez: Yes. I did it. It was in disarray, sheets and towels and oils. We would go to collect everything.
AUSA: After the King Night?
Perez: A meal and a drip
Note: Had to re-start with Part 2 with comments limited after many said Part 1 thread broken (by Ye?) Perez on direct, thread re-started at
[Before jury in]
AUSA: Your Honor, may I place a binder of documents on the witness stand?
Judge: Yes... All rise!
[Jurors entering]
Judge: The Government may call its next witness.
AUSA: First Ms. Geragos and I will introduce some exhibits.
Combs' Geragos: All under seal except one
Judge: Admitted.
AUSA Smyser: The Government calls Brendan Paul
Judge: I don't see how we can proceed today.
AUSA: It is a more than one day thing?
Judge: Sounds like a one time thing. Mr. Agnifilo?
Combs' Agnifilo: Could we have a sealed sidebar so I can ask questions?
AUSA: Fine, sealed
OK - now Trump v. Newsom, about deployments in LA, before Judges Bennett, Miller, and Sung. DOJ lawyer: there is a long history of courts not reviewing such decisions. Inner City Press will live tweet, thread below
Trump Verdict book: amazon.com/Trump-Trial-Ma…x.com/innercitypress…
DOJ lawyer: There was a smooth hand-off of forces.
Judge Bennett: Do you read in the District Court's decision a definitive statement of what should have been done? How does the US interpret the order?
DOJ lawyer: There was no technical violation here
Judge Bennett: Are the federal forces doing more than the state's proposed carve-out?
DOJ lawyer: Yes. They are protecting the Federal buildings and immigration enforcement personnel.
Judge Miller: On the Posse Comitatus Act-
DOJ lawyer: Not being violated.
[9:02 am, jury still not brough it, 2d juror issue?]
Judge: Anything before we bring the jurors in?
Combs' Agnifilo: Let's get Mr. Combs in.
Judge: I believe your client would like 10 minutes to review the materials
Agnifilo: Can I ask him that question?
Combs' Agnifilo: Mr. Combs waives his right to be present for the immunity application.
Judge: Let's proceed then.
[Brendan Paul takes the stand]
AUSA: Did you receive a subpoena?
Paul: Yes.
AUSA: Do you intend to invoke the 5th Amendment?
Paul: Yes
[before jurors brought in]
Judge Subramanian: I hope everyone had good weekend. The defense' motion for a Napue instruction to the jury, that witness Bongolan committed perjury. She was questioned at length on this. I deny the defense's motion. Now on Juror 6...
Judge: Last week the defense opposed further questioning of the juror. I took time to consider. The defense observes in its June 15 letter
[Here: patreon.com/posts/diddy-do…
OK - now US v. Sean Combs, Day 23, Part 3 trying with full comments back on after Ye left, many said Part 1 thread broken but try try against, Perez still on direct Inner City Press is covering: Week 4 book below, 5 later today; and will live tweet, thread below
[They're back. Before jury in]
Combs' Xavier Donaldson: Your Honor wanted us to address Juror Number Six?
Judge: We can do that another time.
AUSA Comey: After Mr. Perez we have exhibits to introduce so we can get our summary charts together over the weekend
Judge: All rise!
[Jurors enter]
AUSA Smyser: Mr. Perez, were you subpoenaed and do you have an immunity agreement?
Jonathan Perez: Yes
AUSA: Let me show you this - what is it?
Perez: Mr. Combs' Gucci pouch.
AUSA: What was in the Gucci pouch?
Perez: Drugs and money