Thread by @innercitypress

OK - US v. Sean Combs Day 29, final cross of US summary witness, then Rule 29 motion, Combs' case, summations Thursday, Inner City Press is covering matthewrussellleeicp.substack.com/p/extra-in-sea… Week 6 book below; Docs (civil ) patreon.com/posts/diddy-do… & will live tweet, thread below x.com/innercitypress…

[Before jury in]
Combs' Estavao: As we submitted overnight, we think it's relevant, Cassie's sexts to Combs about what she wanted to do
AUSA Johnson: These were acts with Mr. Combs, in his office, they are simply not relevant
Judge: US objection is sustained

Judge: Here, Mr. Combs is inquiring into what Ms. Ventura was going to do, and she replied, Be your little freak.
AUSA Johnson: Ms. Ventura is asking Mr. Combs for an explicit photo of himself. So it is about her boyfriend
Judge: Here, I overrule the objection

Combs' Estevao: Ms. Ventura writes she bought baby oil because she just couldn't stop herself, she was buying baby oil on her own.
AUSA Johnson: We don't dispute she wanted to have sex with her boyfriend
Judge: The baby oil purchase seems for a freak-off

[Note: these arguments are based on something Combs' Estevao submitted to the judge last night but is not in the docket, exactly when Inner City Press opposed and judge seemed to order to docket in real time storage.courtlistener.com/recap/gov.usco…

Combs' Estevao: They say Mr. Combs drugged people to make them do freak-offs, but here he cancels a freak-off because she's feeling sick
AUSA Johnson: There is no evidence the freak off was canceled. She wanted to have sex with her boyfriend.
Judge: Let's hold off

AUSA Johnson: In this one, Mr. Combs asks her if she can freak off without taking drugs and she says Yes - it is being offered for its truth, it is hearsay.
Judge: I overrule the objection.
AUSA Johnson: Here she says I want my bank account to be right - we object

Combs' Estevao: This is Ms. Ventura demanding money. It is a command of sorts, not hearsay.
Judge: And how is it relevant?
Estevao: It goes to financial motive.
Judge: In 2017? I sustain the objection to 1135 on hearsay and 403 grounds

AUSA Johnson: The last one is 1417, it's about Ms. Ventura decorating a hotel room and getting flowers on Valentine's Day.
Combs' Estevao: This is a sex trafficking freak-off as alleged by the Government - this shows Ms. Ventura set it up as a surprise to Combs

Judge: This is hearsay, I am sustaining that objection. But the defense can use her being presented with the layout of the hotel room, the flowers - the photo can come in, and the messages with them.
[None of this was docketed, despite storage.courtlistener.com/recap/gov.usco…

Judge: Bring in the jury
Combs' Agnifilo: Can we have a restroom break?
Judge: Fine

Break
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[They've back]
Combs' Geragos: Your Honor, our arguments took so long that the jurors' devices turned themselves off.
Judge: They are high tech. All rise!
[Jurors enter]
Combs' Geragos: Good morning. Pull up 1406, from Dec 21, 2021: Jane, Combs, Don and Cabral

Combs' Geragos: Turn off attorneys' screens, we are going to watch some videos. Play from the beginning until two minutes & twenty two second
[Public and press have no idea what jurors are being shown - or not, one juror complains their device says "Low Battery"

Combs' Geragos: So what does she say here?
Agent Cerciello: She writes, that was so f*cking sexy.
Geragos: Then she writes, I'm wet thinking about it, heart eyes emoji. Now Paul is in the chat. But your chart doesn't list Cabral's message with Jane. See 3328...

Combs' Geragos: Now its December 21, 2021, she reaches out to Cabral to say Happy New Year, writes, LMK if you wanna come tonight. What does Cabral say?
Agent Cerciello: He says, I'm cooking for my family but tomorrow for sure.
Geragos: Not in your chart?
A: No

Combs' Geragos: Under "Italian" lets see DX 3050. This is April 4 of 2022, Combs with Jane. You read Mr. Combs
Cerciello: Combs writes, I have been having crazy fantasies about Leo. You and Leo.
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Agent Cerciello: He writes, Adderall is the greatest LOL.
Combs' Geragos: She writes to him with drool face emoji, then in 1406, next is July 2022 - you only reviewed what the government gave you, right?
Cerciello: Right
Geragos: Combs tells Paul to come over?
Yes

Combs' Geragos: Here Jane says, My place is free tonight. Then she writes, I got on my knees and thanked God for the health of my child and for your friendship, then heart emojis, right?
Agent Cerciello: Right.
Geragos: I'll correct you, it's Van Nuys (laughs)

Combs' Geragos: GX 103, it's between Jane and Paul?
Agent Cerciello: I don't memorize the exhibit numbers.
Combs' Geragos: So let's show it [it is not only public screen] This is a message between Mr. [Paul] Arthur and Mr. Combs, who says, staff is leaving

Combs' Geragos: This is the first mention of Anton, right, October 8, 2022?
Agent Cerciello: Yes, he shows up.
Geragos: And these photos, E 285, do you see the bracelet she is wearing?
Cerciello: I do.
[Public exhibit scree not on, entirely unclear why not]

Combs' Geragos: Jane writes, Can you come to Turks? What does he say?
Agent Cerciello: He says, Yes love, I have a passport but not vaccination.
Geragos: She said, Can you get in ATL? [Cabral's base] A few days later, March 21, 2023, she asks about Miami

Combs' Geragos: Jane writes, Tonight was fun. What does he say?
Agent Cerciello: He says, Had a great time with you baby
Geragos: Now April 2023, Jane, Combs and Paul. He says, Hey, Jane's-true-name, I am available. And she asks about the 19th?
A: Yes

Combs' Geragos: Jane says, I'll reach out, how about P, Ital is available. What does Combs respond?
Agent Cerciello: Combs says, OK, you find location? You in the mood?
Geragos: Jane says, Didn't know you were unsatisfied, I stopped and got a couple more outfits

Combs' Geragos: Jane writes, I know what you like Daddy, at the London before you left for NYC you did a film, you forgot it, you promised you wouldn't forget. Then smirky face, Devil face, I'm coming Daddy, that video you sent me was hot, Sweat emoji

Combs' Geragos: Let's go back to GX 1406, May 19-20, 2023, Jane, Combs, Paul and Cabral. What does Mr. Combs write?
Agent Cerciello: He writes, Is chef still here? She says, No, LOL
Geragos: Pull up texts of the personal assistants
Cerciello: I don't know who

Combs' Geragos: Ms. Khorram writes, for hotel they wants fruit, outfits, shorts for him, size large, fruits and juices. She writes, Are you hydrated? I'll be at One Hotel, residential side. Hey hun, had a great time, do you see that?
Agent Cerciello: Yes

Combs' Geragos: Here Jane's writes to Mr. Combs, I love you, can't wait to see you, with heart emojis...But now she writes, Let's be positive, remember how we turned it around at One Star. Right?
Agent Cerciello: Right
Geragos: He says, You got chef? Jane says, No

Agent Cerciello: Jane says, You know I was trying for my chef-i-poo
Combs' Geragos: Jane writes, Are you up to coming to LA? How much would it be to compensate for missing chef gig.
Cerciello: He responds, Sorry love I could have did it with enough heads up.

Combs' Geragos: Mr. Combs writes, Hurry up, she is at hotel and she is horny as hell, need help, LOL. Paul responds, LOL, right?
Agent Cerciello: Right.
Geragos: And Mr. Combs send Paul an image, does it look like Shaq?
Yes.
Judge: May we have a brief sidebar?

Sidebar
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[They've back from sidebar, only for this:]
Judge: We are taking a break.
[Note: This cross has already gone longer than was projected yesterday. Will they get to the defense case today? Why are the public exhibit screens left off for exhibit without Jane's name?

[11:56 am, they've back
Sean Combs, in brown sweater, is poring over document with his lawyer Nicole Westmoreland, then stands up to talk to Agnifilo]
All rise!
Combs' Geragos: Back to 1406. Mr. Combs writes to Paul, Security knows to let you in the back, right?

Combs' Geragos: Combs says, Just say P, not Paul... Jane writes, Just to tell you I love you, listening to your music and making love with you, partay, rosay, whatever we were saying... Back to 1406, August 12, 2023, He writes, Movie night was off the chain

Combs' Geragos: She says, So we try something new tonight? He says, Call Italian. She: One Hotel roof, good for drinks and light bites. Smiley face, kiss face, right?
Agent Cerciello: Right. He says, Baby I'm stressed out.
Geragos: She says, I'm back to mommy mode

Combs' Geragos: September 19, 2023, that correspondents to many chats we looked at yesterday. Pull up 1407, not one by one (laughs), go to page 48, I just want to highlight a few that I didn't think were in the chart, DX 3187, Combs writes, Headed to ATL

Combs' Geragos: Combs writes, I can't even look, it will drive me crazy. Jane writes, Muy caliente with a sweating face. That shit was different, all of it - that was September 24, 2023?
Agent Cerciello: Yes. This message says, We had a great daw, D-A-W

Combs' Geragos: Jane writes, Daddy wanna see Mommy be bad tonight - right? Slide that d*ck in me at the restaurant, no water, emojis - yes?
Agent Cerciello: Right.
Geragos: She write, I'm going to blow you mind tonight, can't wait to lick your nipples
Agent: Right

Combs' Geragos: Jane send more emojis drool... She writes, It's sexy here in the hotel, yeah we need to run to the freak store - let's skip ahead to 55. She writes, I didn't have time to do my nails. And he says?
Agent Cerciello: He writes, I f*ckig love it

Combs' Geragos: Let's just quickly look at - this is just Jane and Combs?
Agent Cerciello: Correct
Geragos: Line 913, September 30, Jane writes, I love you baby, have a great show. This, I won't repeat here (laughs) there no location entries until February 8, 2024

Combs' Geragos: Kristina Khorram asks Jonathan Perez, How does he look? ... You could put him in front of someone. But he just took a full bar so I think he'll be asleep soon - now can we turn off the public screen?
[The public screen has been off this whole time]

Combs' Geragos: Here you have flight records for Jane going from LA to Miami, 5 days before Combs posts IG video, right?
Agent Cerciello: Right
Geragos: Now a phone call from Anton to Jane, zero seconds - what does that mean?
Cerciello: The clock starts at ringing

Combs' Geragos: We don't have the public screens on, so play this video
[We hear audio: Beautiful day like this, a bass playing]
Geragos: That was June 2024, right?
Agent Cerciello: Right.
Geragos: Let's play more video - oh, three jurors' devices are not working

Judge: We have some more devices charged up.
Combs' Geragos: We'll hear the music - now play the entire video.... Now, in this one let's jump ahead to minutes 7 and 8... Now Minute 19...

Combs' Geragos: Almost done... Please stop it here, do you see the message from Jane, I have the best memories. I have a just a few to asking about 1409. But bring up 1408. Do you see account transfer of $22,000?
Agent Cerciello: Yes.

Combs' Geragos: In 1409, it was Jane, Fuentes Transportation - do you see that it has $151.99 for Jane's-True-Name and also Cabral Williams? It's hard for me to see the lines. Can you move the cursor up?
[Public screen still off]
Geragos: $324.50 and $760.25

[Meanwhile Combs passes a note to Nicole Westmoreland, still seated at his right, who then whispers in Agnifilo's ear]
Combs' Geragos: Let's go to page 96, Sean Combs' personal bank account records, total due $74,000 - there's an account transfer to the LCC?
Yes

Combs' Geragos: Your Honor, can I have a moment? One more video & then we're done, the one that wasn't working this morning. Turn off the attorney screens. You reviewed the meta data-
Agent Cerciello: Which chart?
Geragos: That's a great question (laughs) Play it

Combs' Geragos: Thank you Agent, please go back to keeping New York City safe (laughs)
Judge: Re-direct?
AUSA: Briefly. Did we just see Sean Combs paying for the travel of Cabral Williams from Atlanta to Florida, across state lines?
Geragos: Objection!

AUSA: Do the charts represent every text message in this case?
Agent Cerciello: No.
AUSA: Let's pull up message before this date-
Combs' Geragos: Objection, beyond the scope.
AUSA: Ms. Geragos did it.
Judge: Sidebar

Sidebar
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[They've back]
AUSA Comey: In this time frame did you see any messages between Jane and Mr. Combs that were sexual or affectionate in nature?
Agent Cerciello: No.
AUSA: No further questions.
Judge: Do you rest?
AUSA: Subject to...
Judge: Jurors, take a break

Jurors leave
AUSA Comey: We have essentially rested. We only may want to move for a few corrections.
Judge: Mr. Agnifilo, are you ready to move?
Combs' Alexandra Shapiro: We move under Rule 29, inference is not enough. See US v. Copeland (2 Cir 2012)

Combs' Shapiro: On Count 1, Mr. Combs is entitled to a judgement of acquittal. The requirements of RICO have not been met. They have not shown the agreement to violate RICO, nor agreement to 2 racketeering acts.

Combs' Shapiro: The enterprise is more than a group of people. The enterprise's purposes here map onto the racketeering acts, sex trafficking, etc. - See the Boyle case. A structural feature of a RICO enterprise, a hub and spoke, the rim, here it is a rimless hub

Combs' Shapiro: There is insufficient proof to establish this 20 year long conspiracy. Mr. Combs did not conspire with any other person. They say, an inner circle of bodyguards. But they failed to show it. There's only thin proof they engaged in crimes

Combs' Shapiro: At most these were personal quantities of drugs. They used a lot of Astroglide and baby oil and drank, maybe some drugs. Jonathan Perez said hotel nights were personal time with a female. Brendan Paul said, Hotel for the night

Combs' Shapiro: David James said he saw a naked man in the hotel room, but thought that wasn't part of his job. The sex with Cassie Ventura and Jane sometimes involved third parties - but they were not booked by staff. It brought them closer to Combs

Combs' Shapiro: Jane said to Cabral Williams, don't want team to intercept you. And in May, Jane said she had to wait for the assistants to clear out. When KK & the guards learned of Mr. Combs violence to Cassie Ventura - it's not racketeering - they did not help

Combs' Shapiro: There's no proof that KK knew or thought these women were being coerced. She did damage control. There is evidence that Mr. Combs was lying to her. KK is supposed to be the main co-conspirator but she only appears in March 2016, 12 years in

Combs' Shapiro: There is no evidence between the break up with Cassie in 2018 and the beginning with Jane in 2021. Even for a RICO conspiracy, they have to prove a single agreement, it hasn't been done here. US v. Pizzonia 577 F.3d 455 case-law.vlex.com/vid/u-s-v-pizz…

Combs' Shapiro: Even if the Court denied this Rule 29 motion, some should not go to the jury. Under the California law the Government had to show that the information was about to be given to law enforcement. Back in April, you found lack of probably cause

Combs' Shapiro: Mr. Combs was seeking to avoid negative publicity, for both himself and Ms. Ventura. There was no police involvement. The guard who testified said Ms. Ventura did not want to report it. Ms. Ventura said the same thing, as did Kerry Morgan

Combs' Shapiro: Eddy Garcia said the money was for the video, nothing more. Ms. Ventura appeared on Facetime and said she had a movie coming out and did not want this video coming out. The NDA permitted Garcia to report to law enforcement

Combs' Shapiro: On obstruction, they have to show intimidation or threats to hinder or delay - citing Arthur Anderson v US, there must be consciousness of wrongdoing. Here the incidents involve Mia and Jane. On Mia, there's not actus reus

Combs' Shapiro: This is about D Roc trying to get Mia to speak with Combs. But it sounds like a normal conversation until her "radar" went off - no threats were communicated. All D Roc said was Puff wanted to talk with Mia. They wanted her to say something - P.R.

Combs' Shapiro: Her reactions could not have been foreseeable to D Roc or Mr. Combs, she did not even answer Mr. Combs' calls later that day. D Roc didn't bring up money, she did - she said she was out of dollars, D Roc never acted on it

Combs' Shapiro: D Roc said, if you don't want to, all good. The prosecutors characterized these as "nice" messages. There was no evidence D Roc or Mr. Combs thought Mia felt threatened. So this is not witness tampering

Combs' Shapiro: There would have to be proof Mr. Combs knew of a Federal investigation at that time, there is none. With respect to Jane, they have November 19, 2023, no threats. Mr. Combs said, this is when I need you to be there for me

Combs' Shapiro: Mr. Combs was already paying Jane's rent, there was nothing in the call about it. This is not corrupt persuasion. There's no Federal nexus. Now they want to argue 1591(d), that would be a constructive amendment as we'll say at the charge conference

Combs' Shapiro: Anyway we think that statue is unconstitutional. On force labor, the statute was meant to enforce the 13 Amendment, it is used for domestic workers, here legally or nor, forced to work, squalid conditions

Combs' Shapiro: These are able bodied USA citizens perfectly capable of leaving. When they wanted to leave, they did. What the two were most afraid of was LOSING their job. With respect for Capricorn Clark, she continued to work to show she hadn't stolen it

Combs' Shapiro: Not being paid overtime is not forced labor. Capricorn Clark said Mr. Combs told her to "Get the f*ck out of my house." She says that was "crossing my boundaries." She got a higher paid job.

Combs' Shapiro: She alleged wrongful termination - presumably because she wanted to stay. Then 50 Cent ... With respect to Mia, she had a high GPA, she got her later job with Madonna. So the elements are not met with them either

Combs' Shapiro: On kidnapping, there is insufficient evidence as to 2 of the 3 allegations, even if you credit the US witnesses. Capricorn Clark and the lie detector test, Uncle Paulie took her to the building, this does not satisfy NY law, Mr. Combs didn't know

Combs' Shapiro: She went willingly everyday. The other, Cassie at the London Hotel, she says she was taken there and held there for several days. California law has four elements, not met here. On arson of Kid Cudi's car, no evidence Mr. Combs was involved

Combs' Shapiro: On Count 2, Mr. Combs would have to know - I'll focus on his mens rea. It's about what he understood. How could he understand? Cassie said she did the freak-offs to make Mr. Combs happy. She didn't communicate reluctance. Look at the texts

Combs' Shapiro: In the Inter-Continental, the fight happened after the night of sex, and there was no sex after the violence. The video seemed to show that Mr. Combs after he gets the cell phone just sits in the chair in the elevator lobby. So no mens rea

Combs' Shapiro: As to Jane, she engaged in sex for economic benefit, for example the house. There was only 1 incident of violence, which I'll get to. The fraud theory is deficient as a matter of law. Turks trip ultimately happened. She wanted to go out to dinner

Combs' Shapiro: This would sweep in a lot of romantic partner. It has vagueness problems. People do this all the time, it's not fraud. Immigrants being tricked into sex for green cards is different. He's a wealthy individual but won't take her on a yacht

Combs' Shapiro: They never alleged sex trafficking of Jane until they found out she was alleging a circle incident of assault. That is telling. This theory of fraud is incredibly weak. The fight at Jane's house in LA, this single act is not sufficient.

Combs' Shapiro: There's no evidence that escort came from outside of California. Escorts were paid for their time. Both witnesses said they were not prostitutes, Phillips and Hayes. They were called entertainers or escorts. Thank you your Honor.
Judge: Government?

AUSA: There is more than enough evidence. Your Honor can reserve on that. If you'd like argument, I'd like a bathroom break.
Judge: I can reserve.
AUSA: The defendant should be allocuted.
Combs' Agnifilo: Give me a moment.

Judge: Mr. Combs how are you feeling?
Sean Combs: I'm doing great. I wanted to say thank you, you're doing an excellent job.
Judge: Do you understand that whether to testify or not is up to you, do you understand?
Combs: Yes, your Honor.

Judge: It is your decision not to testify?
Sean Combs: Yes it is my decision. Solely my decision. With my lawyers.
Judge: Thank you. Shall we take time to allow stipulations?
Agnifilo: Yes

Break
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3:07 pm they've back
Jury entering
Judge: Now the defense case.
Combs' lawyer: We enter into evidence this stipulation about devises provided to the government by Casandra Ventura... Mr. McCloud, DX 1402, can you highlight row 5?
[Public screen is not on]

Combs' lawyer: Highlight, Local use, "I'm the luckiest woman in the world, I'll get all the pictures together this week, so many good ones."
[Meanwhile Combs, seated between Westmoreland and Brian Steel, hands Westmoreland a pad]

Combs' lawyer: Local user, I owe you a good night, if you want me to call someone. I need to treat my Pop Pop better. I promise I will be better, if I don't you can leave me. But that won't happen.

Combs' lawyer: Local user, Cassie: I love you and thank you for always trying with me. I will be a woman not a child. I'm leaving that in 2012... Now pull up 1402, row 66, Feb 14-16, 2017, DX 1417 A, From Violet to Casandra Ventura, Team Work makes the dream work

[Public exhibit screen not on for contests photo of flowers in hotel room]
Combs' lawyer: Mr. Combs writes, You think you can FO without getting high? Cassie says yes, smiley face. Now 1136R, blow up the first couple of bubbles. Cassie writes, Send me a d*ck pic

Combs' lawyer: Ms. Ventura write, I just bought baby oil at the store because I couldn't help myself. Then, I'm proud of us, we've been together for a long time. Baby, you do make me happy. I looked at my bracelet and it made me smile

Combs' lawyer Estevao: Cassie writes, you are my best friend, CC, and this message was sent May 30, 2017.
Combs' lawyer Geragos: I will read this, about Daniel Phillip: he was told to sit on the couch while Combs took his turn with Cassie, he felt jealous.

Combs' Geragos: In October 2024 and April and May 2025 Dawn Richard met with law enforcement, the notes do not reflect Mr. Combs telling her where he comes from people go missing... As to Hayes, he stated that "he began to have feelings for Ventura."

Combs' Geragos: As to Capricorn Clark, notes from the first 11 of her 13 interviews with law enforcement and AUSAs did not mention a call made near Scott Mescudi's car in LA.

Combs' Geragos: The first of Mia's interviews do not indicate that Mr. Combs initiated sex with Mia. Bangolan did not initially say Mr. Combs told her I could kill you, at a photo shoot. 3228 was not admitted, it was 3288, we may have more. The defense rests

AUSA: The Government does not intend to present a rebuttal case.
Judge: Jurors, you do not need to come in tomorrow. You'll come in Thursday.

Judge: All rise!
[Jurors file out]
Judge: Have the parties discussed logistics for Thursday?
AUSA Comey: We should go to 5 pm both Thursday and Friday.
Combs' Agnifilo: Agreed.

Judge: When will I have the charge(s) back?
Combs' Shapiro: May we have a moment?
Judge: Yes.
AUSA Comey: Let me withdraw a non existent exhibit so no one tries to find it one day. We have put a demonstrative 1512 to be unsealed.
Judge: They will be unsealed

AUSA Comey: We do not expect that jurors will be able to begin deliberating until Monday. It's going to be a lot of argument, and then your instructions.
Judge: That's fair.
AUSA: We'll submit the charge by 7:30 pm
Judge: That works. Until 10 am
[Docketed? ]

Judge: I'm calling an audible - tomorrow it will be noon, charge conference.
AUSA Comey: I hope we don't have to object during defense submission. We don't think it'd be appropriate for Mr. Agnifilo to bring up current events or use of US resources
Agnifilo: Fine

Adjourned
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