[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…
Judge: The record raised serious concerns about the juror shading his answers to be on the jury. The shifting answers raised questions about the juror's credibility. So the Court indicated Juror 6 should be dismissed. The defense now urges further questioning
Judge: The defense raised concerns about replacing an African American juror with a white one, and cite a 2d Circuit case. The Court takes this seriously- but further questioning is inappropriate and might negatively impact the jury. This is why we have alternates
Judge: Mr. Donaldson praised the diversity of this jury, and said the process worked "wonderfully." The defense asked the Court to base its decision on race. That would be inappropriate. So Juror 6 is excused and is replaced by the first alternate
Judge: As to the defense's allegation of prosecutorial misconduct here, that is inviting the Court to make a decision based on race - and cannot be granted. As to the issue about another juror that arose on Friday [in sealed session - no info made public - yet?]
Judge: So I will question that juror at the end of today's session. The parties should tell me if we clear the courtroom, or do it in the robing room [in any event, public and Press not allowed to hear and report in real time. If jury gone, why robing room?]
Jurors enter
Judge: Welcome back. The Government may call its next witness.
AUSA: First, some exhibits, entered under seal, subject to connection. Now we call our first witness, Ms. Sankar
It's Ananya Sankar, paralegal specialist at US Attorney's Office
AUSA: What did you work on in this case?
Sankar: Two summary charts I was asked to verify the accuracy of.
AUSA: Can you describe the documents underlying these charts?
Sankar: 100s of pages
AUSA: Who is in the messages in the chart?
Sankar: Kristina Khorram
AUSA: And whose cell number is this?
Sankar: Brendan Paul.
AUSA: How did Ms. Khorram respond to Mr. Lopez about seeing the escort?
Sankar: Four laughing emojis, how long is he going to stay awake?
AUSA: And this one from January 30, 2023 - it is an audio file?
Sankar: Yes.
AUSA: Ms. Foster, please play the first minute and ten seconds.
[Audio playing: female voice: two things were weird, the only person who know was you - someone found an iPad?
A: Yes
AUSA: What did Kristina Khorram said in this:
Sankar: She says, He's going to the Four Seasons and wants you to bring Gatorade and chicken noodle soup.
AUSA: Read these, I'll be Dave Shirley: Roc riding with him?
Sanker (as KK) No to Roc
Sankar (as KK) Can you run $4000 cash from Roc to the hotel?
AUSA (as Dave Shirley) Sure.
Sankar (as KK) Heads up, he's about to do Wild King tonight
AUSA (as Dave Shirley) Forgot to pick up the money, just give it to Fa[heem] just in case
AUSA: What does the hotel write to Ms. Khorram?
Sankar: That "Hotel called, Paul is coming up."
AUSA: Does Paul appear elsewhere in the chart?
Sankar: Yes.
AUSA: Let's turn off the exhibit screens to the public [and Press]
Judge: Just let me know when they are off
AUSA: Please read these between Jane & Mrs. Khorram
Sankar (as KK) Ask them if they can bring up 15 bath towels
AUSA (as Jane) He always bring between 5 and 10 K... They are expecting people to leave the Presidential Suite at 1 pm
Sankar (as KK) We're taking off
AUSA: What are these about?
Sankar: They are setting up a flight for Jane.
AUSA: What's this?
Sankar: Flight information from Jessica Ruiz to KK, for Arthur Jr, Paul
AUSA: And these?
Sankar: Can you pick up the cash for Guido at Mapleton?
AUSA as Jane: Yes
AUSA: Going ahead in time, could we-
Combs' lawyer: Objection to "going ahead in time"
AUSA: I withdraw "going ahead in time." Who is this between?
Sankar: Sean Combs and Kristina Khorran. "They say Guido hasn't dropped off the package yet."
AUSA: What does Khorram write to Sean Combs?
Sankar: She writes, "Guido outside." Combs replies with an audio message
AUSA: Play it
[Voice, Combs sounds hoarse, says, "About Guido, take care of it please]
AUSA: And what does Kristina Khorram respond?
Sankar: Done
AUSA: Do some of these messages involve Cassie Ventura?
Sankar: Yes.
AUSA: Page 5. May 2, 2017 - what are these?
Sankar: Texts between Cassie Ventura and KK.
AUSA (as Ventura) WTF
Sankar (as KK) Are you OK?
AUSA: (As Ventura) No one deserves to be dragged by hair
AUSA: Row 87 to 92, April 20, 2018, Cassie and KK.
AUSA (as Cassie) I just can't anymore?
Sankar (as KK) I'm here for you, heart emoji.
AUSA (as Cassie) I'm bummed but don't want to derail
Sankar (as KK) Definitely don't derail. It's not worth it.
AUSA: Let's turn to Jane's messages. You read Jane
Sankar (as Jane) We got into a fight, I'm not doing hotel night, I'll bring him a cake.
AUSA: What is the date of this filing?
Sankar: November 16, 2023.
AUSA: What are these?
Sankar: Audio files from Nov 19, 2023
AUSA: Play it
[Audio, phone ringing, Combs voice: We can't really talk on this phone, you know what I'm saying? I called, I reached out, you know what I'm saying? My love is definitely true.. just some kinky shit that I thought we definitely enjoyed
Audio: Jane: I don't know (voice cracks) it's like word for word, it's like crazy to me. It feels sick -
Combs: But like you know [they turn off audio]
AUSA: Play the next one
[Audio: Combs: I really need your friendship right now, don't send no texts
Combs [recorded audio] I just needed to tell you I need your friendship. Baby, I got to meet my moms, you know what I'm saying, please pray for me
Jane: OK [they turn off audio]
AUSA: Three days later, what are these?
Sankar: KK writes, We all know your Kryptonite
AUSA (as Combs) Please make sure Robyn makes sure that rent is paid
Sankar (as KK) Robyn said her rent was paid.
AUSA: What is this?
Sankar: An image found on Ms. Khorram's phone from Dec 28, 2023, a photo of a cell phone screen. It says, I lost work opportunities
Sankar (as Jane) You broke me. You asked me what I needed to move on and now you're upset.
AUSA: Who are these between?
Sankar (as Jane to KK) He said he would sent the tapes by my baby-daddy. I'm traumatized. He asked me who I'm seeing over and over again.
Sankar (as Jane) He said he'll send the sex tapes to the the father of my child. On them I'm drugged. I'm beyond hurt by him.
AUSA: What does Ms. Khorram says?
Sankar (as KK) I haven't spoken with him
AUSA: And these photos of a cell phone, can you read them?
Sankar (as Jane) You have fucked everything up. You win
AUSA: What are these?
Sankar: Videos found on KK's device.
AUSA: Ms. Foster, play it
[Woman's voice: Like a thousand bucks]
AUSA: What's in the photo?
Sankar: Like a long manicured nail
AUSA: What does KK write?
Sankar (as KK) They just chilling at his house... Out to shop like King Night mode, or Gucci bag mode?
LOL
AUSA: Your Honor, we could break here
Judge: OK
[10:55 am - they restart]
AUSA: Mr. Sankar, what does this exhibit show?
Sankar: Messages of Sean Combs and Damian Butler, a/k/a D Roc, and "Mia"
AUSA: Turn off the screens to the public and Press
AUSA: Please read D Roc's messages
Sankar (as D Roc) Love you man, if you need a friend, I'm here
AUSA (as Combs) I'll call you back, talking to the kids
Sankar (As D Roc, to Mia) Where are you?
AUSA (as Mia) Virginia Beach.
Sankar: D Roc texts her number to Combs
AUSA (as Mia to D Roc) I didn't have my phone, I was scuba diving
Sankar (as D Roc) We're opening up a new restaurant on the 17th. He says he doesn't want anything from you
AUSA (as Mia) Super smart to stay in your bubble
AUSA (as Mia) I am on this island off the coast of Honduras
Sankar (as D Roc) I'll love to hear about Honduras.. Let me know how I can send you something.
AUSA (as Mia) I never ask for anything.
Sankar (as R Doc) I'm allowed to send my sister a gift
AUSA: Did you have any other involvement in this case?
Sankar: No.
AUSA: No further questions.
Judge: Ms. Geragos?
Combs' Teny Geragos: Ms. Sankar, this message from Damian Butler to Sean Combs, let's pull up the exhibit, line 363, days earlier, the legal filing
Combs' Geragos: Please read Nat Moore
Sankar as Nat: The article could have been worse, they are calling it a break up fight.
Geragos: Let's read some message not included in the chart.
[Cuing them up]
Combs' Geragos: Jane writes, I can be dropped off at my buildings front desk. And KK writes, he speaks directly with PD, I don't deal with him LOL, right?
Sankar: Right.
Geragos: Jane writes to KK, Pulling up to airport, smiley face? I'm excited to surprise him
Combs' Geragos: May I cover with AUSA Foster?
Judge: Of course... Jurors, while we wait I'm going to stand up and stretch, you may as well
Combs' Geragos: I think we need to shut off the screens for the public [and Press] Nov 22, 2023 - between Jane and KK, right?
Sankar: Yes.
Geragos: Jane said, I'm not doing any more hard partying... Then this one about the three years of wasted time
Combs' Geragos: Here is KK to Mr. Perez, asking How does he look? And Mr. Perez replies, Shockingly good, better than before, right?
Sankar: Yes.
Geragos: Nothing further.
Judge: Next Government witness?
Another Special Agent, about more charts - these about "certain meetings."
[Chart being shown is about "meeting" in the London hotel, involving Sean Combs, Cassie Venture and Jules
Chart shown lists flights taken by "meeting participants" including Jules Theodore a/k/a Jules, and Cassandra Ventura.
AUSA: Special Agent, on the chart-
Combs' defense: Objection!
Judge: Sidebar
[Sidebar over]
Judge: Ms. Johnson?
AUSA Johnson: When you say attended, do you mean to say the people concerned appeared from records, absent a video, to have attended?
Special Agent: Yes.
AUSA Johnson: Who are the participants in this chat?
Special Agent: Jules and Sean Combs.
AUSA: You read Jules
Special Agent (as Jules) I'm avail Fri thought Sunday, whatever flights work. Which one?
AUSA (as Combs) Friday at 4
AUSA: Where are the flights between?
Special Agent: LA and JFK in New York.
AUSA: Do document retention policies impact your ability to get documents?
Special Agent: Yes. I could not get these records.
With jury out
Judge: Shall we address Mr. Brendan Paul now?
AUSA: Better tomorrow morning.
Judge: The Special Agent will be on all day?
AUSA: Even into tomorrow. Then Mr. Paul, than a final summary witness.
Judge: What witnesses would the defense be putting on on Friday?
Combs' Agnifilo: Three witnesses... Vashta Wilson, Stephan Lind[something, strange pronunciation], and a paralegal in our office
AUSA: We don't have any of those charts yet
Judge: In terms of defense expert, I'd like the Daubert issues teed up.
AUSA: We'll work on it.
Combs' Shapiro: We'll be providing the Government with a supplemental response to Dr. Hughes' actual testimony
Combs' Shapiro: This Special Agent has no personal knowledge, she is just connecting up exhibits and asking the jurors to interpret them. This is not appropriate for a summary witness. It's just hotel records and flight records
AUSA Comey: Mr. Combs and Jules Theodore were discussing being in the same place at the same time. If this objection is sustained, we'll just have the Special Agent read in every text message.
Judge: This witness has no personal knowledge. She put together charts
Now 1:56 pm, trial restarting
All rise! Jury entering
Judge: Ms. Johnson, you may proceed.
AUSA Johnson: Special Agent, have you reviewed American Express records?
Special Agent: I have. This was to AmEx for a flight from Miami, for Casandra Ventura
Special Agent: Here was a charge from the London Hotel to this AmEx account.
AUSA: Whose AmEx account?
Special Agent: Sean Combs. Paid with an account at Signature Bank.
AUSA: Can you read this?
Special Agent: It's the Trump in Columbus Circle, I'm heading there now... Can you contact the front desk and get the porn channel unlocked?
AUSA: What does Ms. Ventura say?
Special Agent: Just called them
[Court art: this was Sean Combs earlier today, surrounded by his lawyers, courtesy to Inner City Press by court artist Elizabeth Williams
AUSA: Who is in these communications?
Special Agent: Casandra Ventura and NY Punish aka Sharay Hayes.
AUSA: What is it about?
Special Agent: The cost.
AUSA: And this?
Special Agent: Videos
AUSA: Turn off the screen for the public and press
AUSA: We are not playing it for counsel since their screens are viewable from the gallery.
[During this public lull, Agent is DeLeassa Penland, she also appears in, among other cases, US v. Lorraine Shaley, Inner City Press old SDNY video: pscp.tv/innercitypress…
Judge: Ms. Johnson, we're not seeing it.
AUSA Johnson: Play from 10:30 to 11 min... OK, Special Agent Penland, I want to direct your attention to Line 23. I will read Mr. Combs, you read Ms. Ventura.
AUSA as Combs: You horny? Would you want to have a freak off?
Agent Penland (as Cassie) Call Jules? Can you send me the hotel info? About to smoke, what are you doing?
AUSA as Combs: What up?
Agent Penland (as Cassie) I asked him to drive around and we will hit him when we want him to come up.
AUSA (reading) I am a bit more sexually excited than last time - dress casually and bring baby oil?
Agent as Cassie: Casual yes, baby oil no.
AUSA (As Johnny LA Strip) On my way to L'Ermitage
Agent as Cassie: Do you mind driving around until I tell you?
AUSA: We could break here.
Judge: Let me see counsel at the sidebar
[Sidebar]
Judge: Jurors, you may leave for the day. All rise!
The defense expert will be Dr. Alexander Barday - Inner City Press covered him on Dr. Haddon and other cases
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