THE COURT: Please be seated. Ms. Comey, anything on your end to raise before we adjourn?
MS. COMEY: No. Thank you, your Honor.
THE COURT: Mr. Agnifilo?
MR. AGNIFILO: Let me just check with my colleagues for one second, Judge.
(Counsel confer)
MR. AGNIFILO: Can I just confer with the government for one second, Judge?
THE COURT: You may.
(Counsel confer)
MS. GERAGOS: I think the only thing, your Honor, is that yesterday evening the government told us that they may no longer be calling victim three, the alleged victim three. We asked the government whether that's a decision that they have made or whether they are still considering it. We are concerned that -- what we're asking your Honor to do is to ask them to make a decision by the end of this week, because either if they are not calling her, we will not open on her. If they are calling her, we have to address it in opening. She has a sex trafficking predicate act under Count One, and that's really our concern. So, I think our request now -- I understand they have not made a decision -- is if they are going to make a decision by the end of this week as to whether or not they are going to call her.
THE COURT: All right. Ms. Comey.
MS. COMEY: Your Honor, I would ask that that request be denied or at least deferred until defense counsel can present authority for the proposition that the government can be required to decide whether or not it's going to call a particular witness. Victim three, as the court knows, her attorney has had some personal issues, so it's been difficult to get in touch with the attorney and it's been difficult to get in touch with her. There is no particular count that requires her testimony in order for us to carry our burden. It's not a question of giving the defense notice of whether or not we're proceeding on all counts. She is referenced as one of many, many acts of racketeering, racketeering activity, that we may seek to prove at trial, but by no means is that necessary. And as is always the case at trial, it's always possible that a party, the government or the defense, may, as trial progresses, decide not to call a witness. We did, though, as a courtesy, want to give the defense notice that, given the difficulty of communicating with victim three and her counsel, that there was a possibility that we may not call her or we may try to call her and she may not show up, even though she's received a subpoena. She does not live locally. She may not show up, even if we try to enforce the subpoena and want to call her. So, we wanted to let the defense know about that possibility, that she may not end up testifying at this trial, as a courtesy. But I am not aware of any legal authority requiring the government to commit to calling her or not calling any particular witness in advance of trial.
THE COURT: Well, that may be true, but let me ask a few questions. Are you planning to address victim number three or the allegations relating to her in opening statements?
MS. COMEY: I don't expect we will be saying her name in opening statements, your Honor, no.
THE COURT: OK. Are you going to address the allegations that pertain to her?
MS. COMEY: I don't expect there will be much about her, about those allegations in the opening. There may be some general statement about how the evidence will show that the defendant abused multiple women or sexually exploited multiple women generally, but I don't think there would be specifics about her in the opening.
THE COURT: Meaning that there would be no statement that would by necessity only pertaining to her.
MS. COMEY: Exactly, your Honor.
THE COURT: OK. Did you have a sense at this point as to where, in terms of the eight weeks of trial, like, what are we talking about in terms of when she would -- if she was going to be here to testify?
MS. COMEY: I would think in the second half, your Honor.
THE COURT: In the second half?
MS. COMEY: Correct, your Honor.
THE COURT: Of the government's case-in-chief?
MS. COMEY: Correct, your Honor.
THE COURT: And you're trying to get in touch with her?
MS. COMEY: Yes, your Honor.
THE COURT: Now, if you are able to get in touch with her and you're making diligent efforts to do so, then you may be in a position later this week to provide the defense what they are looking for.
MS. COMEY: We may be. And if we make a decision, and we are able to make the decision, we would promptly inform the defense. It's just I don't know that we will be until trial has already begun.
THE COURT: OK. Ms. Geragos, if you have legal authorities, let me know. At this point, however, make your best efforts to make contact with victim number three so that you can make a final decision and apprise the defense. I think the difficulty that this puts the defense in is, if you're going to open on generally these types of allegations, and then the defense is in a position where they need to address victim number three, and then it turns out that victim number three doesn't testify, that puts them in a little bit of a pickle. You may be right, there is no legal authority that requires the government to do this. But in the interest of just moving things alone in an efficient and fair manner, let's see if the government can get to the bottom of this. If you can't, we get to Wednesday or Thursday, Ms. Geragos, we can pick it up. And I'll hear you if there is an authority or something that I'm missing.
MS. GERAGOS: All right. I'll make a further record then, your Honor. Thank you.
THE COURT: All right. Thank you.
MS. COMEY: Thank you, your Honor.
THE COURT: Mr. Agnifilo, anything else?
MR. AGNIFILO: One thing my colleague is going to address.
THE COURT: All right. Mr. Steel.
MR. STEEL: Good afternoon, your Honor. Your Honor, if needed, would your court consider an order allowing us to enter your courthouse about 7:30 or 7:15, when Mr. Combs is brought here, so we can work with him? I believe that we cannot get in until after that.
THE COURT: That's fine. I don't -- Hold on with that. Subject to my consultation with the marshal service and making sure that there is no issue that I'm missing, I personally have no issue was that. But I need to consult with them.
MR. STEEL: Understood.
THE COURT: We will do so. Have you already talked to them?
MR. STEEL: Not directly with these people, no.
THE COURT: All right.
MR. STEEL: The answer is no.
THE COURT: OK. Well, why don't you talk to them and see if there is any issues. And then if there is not, you can make an application, and I personally have no issues with that. I'm happy to afford you as much time as needed, and as consistent with the marshal service and what their requirements are to allow you to consult with your client
MR. STEEL: Understood. Thank you.
THE COURT: All right. Thank you. Anything further?
MR. AGNIFILO: Nothing from us. Thank you, Judge.
THE COURT: All right. We are adjourned. See you tomorrow. One thing. I said 8:30 today, and I saw the looks. I know it's really early. I think, based on the amount of time it takes to get everyone in, if everyone is here by 9:00, it will work out. I apologize for that today, but I had high hopes.
MS. COMEY: Thank you, your Honor.
(Adjourned to May 6, 2025, at 9:00 a.m.)