[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
AUSA: We propose the immunity order.
Judge: I will enter it. Thank you, Mr. Paul.
[Combs is brought in by US Marshals]
Combs' Agnfilo: We are ready to proceed.
Judge: Let's have Agent Penland back.
[DeLeassa Penland re-takes the stand]
All rise! [Jurors enter]
AUSA Johnson: Good morning. Let's get back to the London Hotel. Who stayed there this day?
Agent Penland: Sean Combs, Cassie Venture, Jules Theodore
AUSA: What are these AmEx charges?
Agent: Virgin America plane ticket for Jules Theodore
AUSA: What airline is associated with this charge?
Agent Penland: American Airlines, from JFK to LA.
AUSA: And the hotel?
Agent: Four Seasons. For Clayton Howard a/k/a Dave.
AUSA: Let's look at 6-T-108. What is this?
Agent: A travel invoice. Bad Boy Entertainment.
AUSA: What is this?
Agent Penland: A flight for Jules Theodore.
AUSA: What was the payment method?
Agent: Sean Combs' AmEx.
AUSA: And whose name is this invoice in?
Agent: Mr. Phillip Pines. $500 charge for damage to drapes
AUSA: What's this?
Agent Penland: Booking for Inter-Continental in Times Square, in the name of Frank Black.
AUSA: And this charge?
Agent: Damage to penthouse - $46,786 paid on the AmEx. That monthly bill was paid by various accounts at Signature Bank
AUSA: What's this charge?
Agent Penland: A hotel in Riverhead.
AUSA: Where's that?
Agent: Long Island NY
AUSA: Is that where the Hamptons is?
Agent: Yes.
AUSA: These communications?
Agent: Between Sean Combs and Casandra Ventura, color coded
AUSA: What is this?
Agent Penland: A call from Combs to Ventura for 41 seconds.
AUSA: Let's read this. "Skyler can come later."
Penland: "Let's do Skyler." Then Skyler responds to Ventura.
AUSA: Go to slide 4 please.
Penland: Skyler texts Ventura, What area?
Agent Penland: Then Skyler said, I'm laying head down, hit me up if we are getting together.
AUSA: What do these boxes show?
Agent: 3 photos taken by Ventura
AUSA: What day is this?
Agent: March 6, 2016.
AUSA: Walk us through.
Agent: Combs calls Ventura, no answer
Agent Penland: Ventura texts Combs, says I checked with security, Jules left, you're good as long as you don't bother the other guests. Then unanswered calls.
AUSA: What does Combs text Ventura?
Agent: He texts, Call me, the cops are here. Then a call connects
Agent Penland: Ventura makes a call to D Roc, it connects. Combs calls Ventura, no answer.
AUSA: This day?
Agent: March 5, 2016. Ventura texts, You are sick to think it is OK to do with what you have done. Please stay far away from me. I have a premiere.
AUSA: What does Mr. Combs text Ventura?
Agent Penland: He texts, Call me. Help. Then he texts, Help me, I am about to be arrested. Then, if you don't pick up you'll never hear my voice again.
AUSA: Then what?
Agent: Call not answered. Then Khorram calls Ventura.
Agent Penland: Here, Ventura calls D Roc, then Khorram. The calls connect.
AUSA: What what does D Roc text?
Agent: D Roc texts, Tell him to get out of there before they arrest him. He not picking up.
AUSA: What does Ms. Ventura text to Comb?
Agent: "Going to bed"
AUSA: Now what, Morgan to Khorram?
Agent Penland: Kerry Morgan writes, I don't think anyone should call her. And a photo of an LAPD detective's business card.
AUSA: What next?
Agent: D Roc and Khorran each call Ventura. Then Khorran asks, What is Eddy's last name?
AUSA: What does D Roc text to Combs?
Agent Penland: Cassie good, she eating breakfast. Then a 13 minute call, Combs and Ventura.
AUSA: What does Mr. Nash write to Ventura?
Agent: What time can you today? Arturo is available 3 or 4 pm. Ventura said, Roc's place?
Agent Penland: Then Combs calls Eddy Garcia, Garcia calls back.
AUSA: What does Ventura text?
Agent: She texts, This was supposed to be a big day for me, now I wish I could just stay in bed.
AUSA: And here?
Agent: Calls between Combs and Eddy Garcia.
AUSA: And what's this?
Agent Penland: A photo of Eddy Garcia's drivers license found on Kristina Khorram's phone.
AUSA: Now by March 9, 2016 what occurs?
Agent: Combs calls Eddy Garcia.
AUSA: Then March 25, 2016 at 1 pm?
Agent: Combs calls Eddy Garcia
AUSA: Agent Penland, other than these charts did you have any involvement in this case?
Agent Penland: No.
AUSA: No further questions.
They're back
Judge: Let's have Agent Penland back... And now the jury
All rise!
Combs' Geragos: You've been at SDNY for 10 years?
Agent Penland: Yes.
Geragos: Let's turn to this date - did you know Ms. Ventura was in South Africa then?
A: No
Combs' Geragos: 12/8-9/15, you didn't try to find out who else is in this chat?
Agent Penland: I did not.
Geragos: You are a Special Agent?
Penland: Yes.
Geragos: As a Special Agent you know how to look for evidence, right?
AUSA: Objection!
Judge: Sustained.
Combs' Geragos: Let's turn to August 2009. Under the name Sean Combs you include several US exhibits - let's pull one up, Aug 5, 2009. Mr. Combs says, When do you want to freak off LOL. What does Ms. Ventura say?
Agent: Cassie has, "I'm always ready to freak off"
Combs' Geragos: Let's put up this defense exhibit. Ms. Ventura writes, I'm so horny I can't concentrate. I'm going to Duane Reade, pack us a bag. Did you include this in your chart?
Agent Penland: No, I didn't.
Combs' Geragos: Here, Jules writes to Combs, I need rest, you guys are rabbits, LOL - right?
Agent Penland: Yes.
Geragos: Here Pop-Pop writes to Ventura, I love you so much, you consume my life, how did this happen, and Ventura says, I wonder that too - right?
Yes
Combs' Geragos: Here Jules writes to Ventura, Great to see you beautiful - and then, I am at your door - right?
Agent Penland: Correct.
Geragos: Here Ms. Ventura writes, "I'm horny and bored," right?
Agent: Yes.
Combs' Geragos: Here Mr. Combs says to Ms. Ventura, I'm not asking you to f.o., what do you want to do? And she said, I want to smoke, go for a walk, let's go out and have some carefree fun. I'll go get the Valium, right?
Agent: Yes.
Combs' Geragos: Mr. Combs writes, I liked it when Jules was in the room next door. Did you include this?
Agent: No. My job was not to add things, just to check if what was in was correct.
Geragos: Mr. Combs writes, you horny or sleepy? And she?
Agent: "Both LOL"
Combs' Geragos: Let's shut off the public screens and show these videos.
Judge: OK, it's done
[Jurors put on headphones]
Judge: Everyone hear some soothing piano music? Good.
Geragos: Play the video
[Jurors still watching videos with headphones on]
Combs' Geragos: For the record, Ms. Foster has put it on until Minute 14
[More videos shown]
Combs' Geragos: Your Honor, should be take our break?
Judge: How much longer do you have?
Geragos: An hour. I took longer than..
Judge: Now, then.
1:34 pm - they're back
Judge: Ms. Geragos, are you ready to proceed?
Combs' Geragos: As soon as Mr. Combs is out.
[Sean Combs brought in from holding cell]
Judge: You are conferred about the other matter?
AUSA: The Court can question the juror, we defer
Combs' Shapiro: We prefer in the courtroom to the robing room, so Mr. Combs can observe.
Judge: Let's get Agent Penland back
[Witness re-take the stand; juror enters]
All rise!
Combs' Geragos: We watched video. Now Exhibit 1307
Combs' Geragos: This is a stipulation, that the video was found under the Frank Black profile on device provided by Casandra Ventura... Here, Mr. Combs wrote, Coming to NYC this weekend - what does Ms. Ventura reply?
Agent: It's really nice here
Combs' Geragos: Mr. Combs writes, I got us tix for Book of Mormon. That was not in your exhibit, was it?
Agent Penland: It was not.
Geragos: He writes, You ready for tonight? That's the day before the videos we looked at, right?
Agent: Correct
Combs' Geragos: If we could pull up what's already in evidence, page 18 please - this is not included in your chart, right?
Agent Penland: Correct.
Geragos: Ms. Ventura writes, Keep having sexy flashbacks of yesterday - you see that?
Agent: Yes
Combs' Geragos: What does Ms. Ventura write?
Agent Penland: She writes, I bought the best sexy outfits for later. And shoes.
Geragos: What does she write?
Agent: She writes, I promise I will be the nastier freak b*tch to make up for it
Combs' Geragos: What does Ms. Ventura write?
Agent Penland: She writes, Can't buy Astro, it's too expensive. When should I take it? Where is it?
Geragos: Mr. Combs writes, it is in the bag, it's the orange pill.
Combs' Geragos: What does Ms. Ventura write here?
Agent Penland: She writes, I can't wait until we have a baby, happy Father's Day.
Geragos: Mr. Combs writes, what do you want to do, baby?
Agent: She write, I wish we could have FO-ed before you left
Combs' Geragos: What does Ms. Ventura write?
Agent Penland: She writes, I hate it that I don't use protection when I get high. I'm gna get tested.
Geragos: Mr. Combs writes, Let's freak off now. What does she write?
Agent: She writes, OK, what hotel?
Combs' Geragos: Mr. Combs write, I'm locked in my bathroom talking to my therapist. What do you want to do?
Agent Penland: She write, it takes Jules hours to get here. Hotel needs you to call to give Dave access.
Geragos: Do you see Dave Shirley writes to KK?
Yes.
Combs' Geragos: You spoke on direct about Skyler?
Agent Penland: Yes.
Geragos: And the message about "the cops are here" - but there's not evidence of any 911 calls, right?
Agent: There is not.
Combs' Geragos: This photo of the detective's business card is the only thing about police, right?
AUSA: Objection!
Judge: Sustained.
Geragos: You included a call between Ventura and Combs - was that a Facetime call?
Agent: I don't know
Combs' Geragos: No further questions.
Judge: Re-direct?
AUSA: Yes, briefly. The hotel in Riverhead, who was there?
Agent Penland: Sean Combs, Casandra Ventura and Clayton Howard.
AUSA: This photo? [Wounds above eye]
Agent: "So u can remember"
AUSA: Nothing further.
Judge: Jurors, you can leave for the day.
[So still no Brendan Paul]
jurors file out
AUSA: I don't think we'll rest on Wednesday.
Judge: How long on direct to Brendan Paul?
AUSA: Ninety minutes or so. And we'll both be offering clean up exhibits.
Judge: We have an application to close the courtroom. Please leave
#CourtroomConfidential
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.
[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
OK - now US v. Sean Combs, Day 23, Part 2 with comments limited after many said Part 1 thread broken (by Ye?) Perez on direct Inner City Press is covering matthewrussellleeicp.substack.com/p/extra-sean-c……Week 4 book below, 5 later today; and will live tweet, thread below x.com/innercitypress…
AUSA: Mr. Perez, is this your text message?
Jonathan Perez: Yes. It's me, KK and Joey.
AUSA: KK asks, How is the set up going, how much longer do y'all need? What did you write back?
Perez: I wrote, I got fruits and shakes and will ask Jane about outfits
AUSA: Then KK asks, Is room done done yet? How did you respond?
Perez: I wrote, Room is done, now going to store.
AUSA: What store?
Perez: Adult store.
AUSA: Afterward, KK asks about clean up. Of what?
Perez: The room
[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.