4.Dawn Richard — Cross/Redirect/Recross (Part 3)
302 lines(In open court)
REDIRECT EXAMINATION BY MS. STEINER:
MS. STEINER: Good morning again, Ms. Richard.
DAWN RICHARD: Good morning.
MS. STEINER: You were asked a series of questions on cross-examination about your employment for Mr. Combs. Do you recall that?
DAWN RICHARD: Yes.
MS. STEINER: And specifically you were asked about your employment when you were working as a member of Danity Kane, which is a women's group; is that correct?
DAWN RICHARD: Correct.
MS. STEINER: And of Diddy Dirty Money; is that right?
DAWN RICHARD: Correct.
MS. STEINER: And you were also asked questions about your civil lawsuit. Do you recall that?
DAWN RICHARD: Correct.
MS. STEINER: Can you explain why you filed your civil lawsuit?
DAWN RICHARD: I felt I was in an environment that wasn't conducive for an employee. And I am, for my time and experience working with Sean Combs, that's what I was suing for.
MS. STEINER: When you say not conducive for an employee, can you describe what you mean by that?
DAWN RICHARD: No sleep, days --
MS. WESTMORELAND: Objection.
THE COURT: That's sustained.
MS. STEINER: What, if anything, related to your financial compensation was addressed in your civil lawsuit?
DAWN RICHARD: I don't recall. I don't -- I don't know.
MS. STEINER: Did your civil lawsuit discuss how much you were paid for those jobs?
DAWN RICHARD: No.
MS. STEINER: You were asked on cross-examination a series of questions about what you had told the government in various meetings. Do you recall that?
DAWN RICHARD: I do.
MS. STEINER: And what you had included in your complaint and demand letters related to your case. Do you recall that?
DAWN RICHARD: Yes.
MS. STEINER: And you also were asked questions about how your memory of those events have in certain ways changed. Do you remember that?
DAWN RICHARD: Yes.
MS. STEINER: When did the events that you have testified about here today occur?
DAWN RICHARD: Between 2004 and 2011.
MS. STEINER: And when did you first meet with the government?
DAWN RICHARD: Late 2024, early 2025.
MS. STEINER: So over a decade later; is that right?
DAWN RICHARD: Correct.
MS. STEINER: And during the course of that decade, had you thought a lot about your employment?
DAWN RICHARD: I try not to.
MS. STEINER: Why did you try not to think about it?
DAWN RICHARD: Because it was a hard time. It was a bad time for me and a bad environment for me.
MS. STEINER: And so you filed the lawsuit in 2024, is that right, and you started meeting with the government around then, too; is that right?
DAWN RICHARD: Correct.
MS. STEINER: Can you describe the process for the jury of trying to recall these events that you've tried to forget for so long?
DAWN RICHARD: They don't all come back immediately, I have to go back to memories that I don't want to, and it takes time to remember things that have happened during the time that you try to forget.
MS. STEINER: When you're referring to memories that you didn't want to come back to, what types of memories are those?
DAWN RICHARD: Work until you sick.
MS. WESTMORELAND: Objection, your Honor.
THE COURT: Sustained.
MS. WESTMORELAND: Move to strike.
THE COURT: Granted. The jury should disregard the witness's last answer.
MS. STEINER: And Ms. Richard, without speaking about your personal condition, what, if any, memories had you been trying to suppress?
DAWN RICHARD: The environment was volatile and it was very hard to work in. And so I tried to erase those things from my mind.
MS. STEINER: And over time, has your memory become clearer?
DAWN RICHARD: Every day it gets easier to remember certain things. I try my best to do it to the best of my ability.
MS. STEINER: And how is that?
DAWN RICHARD: By speaking with you guys, speaking with others about the incidents, trying to remember and piece those things together as best and accurate as I can.
MS. STEINER: You were asked a series of questions on cross-examination about notes that the government had taken during meetings with you and your attorney. Do you recall that?
DAWN RICHARD: Yes.
MS. STEINER: Did you review those notes for accuracy?
DAWN RICHARD: No, I did not.
MS. STEINER: Do you know if, in fact, they are accurate?
DAWN RICHARD: No, I don't.
MS. STEINER: Had you ever seen those notes prior to being shown them by defense counsel today?
DAWN RICHARD: Did not.
MS. STEINER: And similarly, you were shown a letter written by your attorney on cross-examination. Do you recall that?
DAWN RICHARD: Yes.
MS. STEINER: Had you ever seen that letter before today?
DAWN RICHARD: I had not.
MS. STEINER: Had you reviewed it for accuracy?
DAWN RICHARD: No.
MS. STEINER: So again, you were asked on cross-examination a series of questions about your memory, and you testified that as part of this process of recalling, your memory has on certain issues changed over time. Do you recall that?
DAWN RICHARD: Yes.
MS. STEINER: And you met with the government on several occasions; is that right?
DAWN RICHARD: I'd say a few, but yeah.
MS. STEINER: A few?
DAWN RICHARD: Yes.
MS. STEINER: Okay. I want to be accurate. In every meeting with the government, did you inform the government that Mr. Combs hit Ms. Ventura?
DAWN RICHARD: Correct.
MS. STEINER: And in every meeting with the government, did you inform the government that Mr. Combs beat Ms. Ventura?
MS. WESTMORELAND: Objection.
THE COURT: Sustained. You can rephrase the question.
MS. STEINER: On every meeting with the government, did you inform the government that Mr. Combs had been violent with Ms. Ventura?
MS. WESTMORELAND: Objection.
THE COURT: Sustained. The question needs to be rephrased.
MS. STEINER: In every meeting with the government, did you discuss physical encounters --
MS. WESTMORELAND: Objection.
THE COURT: What's the grounds for the objection?
MS. WESTMORELAND: Leading.
THE COURT: Yes, that's sustained.
MS. STEINER: In every meeting with the government, did you describe the encounters that you had observed between Ms. Ventura and Mr. Combs?
MS. WESTMORELAND: Objection.
THE COURT: That's overruled.
DAWN RICHARD: Yes.
MS. STEINER: With respect to those interactions, what did you observe?
DAWN RICHARD: That Cassie was attacked and beaten.
MS. STEINER: In every meeting with the government, did you tell the government that Mr. Combs had been either been yelling at Ms. Ventura, degrading Ms. Ventura, or hitting or kicking Ms. Ventura?
MS. WESTMORELAND: Objection.
THE COURT: Sustained.
MS. STEINER: In all of your meetings with the government, Ms. Richard, did you discuss that Mr. Combs had threatened you?
DAWN RICHARD: Yes.
MS. STEINER: And that he told you to keep quiet?
DAWN RICHARD: Yes.
MS. STEINER: And when would he tell you to do that?
DAWN RICHARD: Anytime I spoke up or anytime I would talk to Cassie about her journey or we did something we weren't supposed to do.
MS. STEINER: And I want to talk about a specific incident that you were asked about with respect to the frying pan in 2009. Do you recall being asked about that on cross-examination?
DAWN RICHARD: Yes.
MS. STEINER: And that incident took place in 2009, so approximately how long ago was that?
DAWN RICHARD: I'm not good at math. I'm sorry. A long time.
MS. STEINER: In the course of speaking with the government, is it fair to say that you have been thinking a lot about that incident?
DAWN RICHARD: Yes.
MS. STEINER: Sitting here today, do you have any doubt, any doubt in your mind that Mr. Combs attempted to strike Ms. Ventura?
DAWN RICHARD: I have no doubt that he did.
MS. STEINER: And do you have any doubt, any doubt at all that Ms. Ventura, when he did that, dropped to the ground and formed the fetal position?
DAWN RICHARD: Correct.
MS. STEINER: Do you have any doubt?
DAWN RICHARD: No, I don't have any doubt.
MS. STEINER: And do you have any doubt that he then dragged Ms. Ventura up the stairs by the hair?
DAWN RICHARD: Yes.
MS. STEINER: Do you have any doubt?
DAWN RICHARD: No doubt.
MS. STEINER: And do you have any doubt that, once upstairs, you heard the breaking of glass as though it was being thrown?
DAWN RICHARD: No doubt.
MS. STEINER: And do you have any doubt that the following day, Mr. Combs brought you in and threatened you to keep quiet?
DAWN RICHARD: No doubt.
MS. STEINER: You were asked a couple of questions on cross-examination about the incident that had occurred at the restaurant in West Hollywood, California. Do you remember that?
DAWN RICHARD: I do.
MS. STEINER: During that incident, what occurred?
DAWN RICHARD: Cassie was punched in the stomach.
MS. STEINER: By who?
DAWN RICHARD: By Sean Combs.
MS. STEINER: And was she punched with full force or less than full force?
DAWN RICHARD: He punched her -- I wasn't -- hard, he punched her hard.
MS. STEINER: And when he punched her hard, you had been asked by me on direct examination which of his employees was present; is that correct?
DAWN RICHARD: Correct.
MS. STEINER: Did I ask you whether anyone, aside from his employees, was present?
DAWN RICHARD: No, you did not.
MS. STEINER: And were there in fact other individuals, aside from his employees, present?
DAWN RICHARD: Yes.
MS. STEINER: And why didn't you raise them on direct examination?
DAWN RICHARD: Because you didn't ask.
MS. STEINER: Were you trying to hide that fact?
DAWN RICHARD: No.
MS. STEINER: You were also asked about an incident in which you had at one point stated that Ms. Ventura had been pulled out of a vehicle by Mr. Combs and dragged onto the grass. Do you recall that?
DAWN RICHARD: I do.
MS. STEINER: And you testified that you believed that was an error that had been made by your attorneys; is that right?
DAWN RICHARD: Correct.
MS. STEINER: Do you ever recall an incident of violence that you had been referring to?
DAWN RICHARD: Yes.
MS. STEINER: Can you please describe for the jury what occurred during that incident of violence?
DAWN RICHARD: Cassie was grabbed the neck and head slammed against the window.
MS. STEINER: By who?
DAWN RICHARD: By Sean Combs.
MS. STEINER: When you say the window, which --
DAWN RICHARD: The glass in the car.
MS. STEINER: And where were you relative to Ms. Ventura and Mr. Combs when Mr. Combs slammed Ms. Ventura's head into the window?
DAWN RICHARD: Sitting right there in front of them.
MS. STEINER: You were asked a few questions on cross-examination by Ms. Westmoreland about instances where you had initiated contact with Mr. Combs since leaving Diddy Dirty Money. Do you recall that?
DAWN RICHARD: I do.
MS. STEINER: And you were specifically asked about an instance where you had reached out to Mr. Combs about making demand, is that correct, and I believe Ms. Westmoreland interrupted you at that point. Can you please explain to the jury why you reached out to Mr. Combs at that time.
DAWN RICHARD: LaurieAnn Gibson was a part of the judges for making the band, and I had not had contact with her and I really wanted a relationship with her. She was the first person to help me be a part of the band. She had talked to me and said --
MS. WESTMORELAND: Objection.
THE COURT: That's sustained.
MS. STEINER: Can you explain, without specifying what Ms. LaurieAnn said to you, why you reached out and at whose direction you reached out to Mr. Combs?
DAWN RICHARD: I was told to contact --
MS. WESTMORELAND: Objection. A. I contacted Puff to be a part of making the band to develop a relationship with LaurieAnn again, and it was a way to do it without Mr. Sean Combs being a part of it. He was not a judge, he was not in that, a part of that filming, he wasn't there.
MS. STEINER: Why did you think you needed to reach out to Mr. Combs at that time to participate in that opportunity?
DAWN RICHARD: It was informed that I should do so by LaurieAnn.
MS. STEINER: It was what --
DAWN RICHARD: Informed that I should do so by LaurieAnn.
MS. STEINER: And did you ever subsequently reach out to Mr. Combs about working for him?
DAWN RICHARD: For making the band?
MS. STEINER: For any reason.
DAWN RICHARD: Yes.
MS. STEINER: Why is that?
DAWN RICHARD: Kaleena was having issues and she wanted to get back in the band --
MS. WESTMORELAND: Objection. A. For Dirty Money.
MS. WESTMORELAND: Objection.
THE COURT: Hold on. Hold on.
MS. STEINER: I can rephrase, your Honor.
THE COURT: I'll sustain the objection. You can ask another question.
MS. STEINER: Ms. Richard, you were asked on cross-examination about reaching out to Mr. Combs after you've ended your employment for Diddy Dirty Money in the years that followed; is that right?
DAWN RICHARD: Correct.
MS. STEINER: And generally, how frequently would you maintain contact or would you hear from him?
DAWN RICHARD: It would be sporadic.
MS. STEINER: In those discussions, what would you tell Mr. Combs?
DAWN RICHARD: That we want to get the band back together, to hope that Dirty Money could get back together.
MS. STEINER: Why would you tell him that?
DAWN RICHARD: Helping out a friend at the time.
MS. STEINER: Is the friend Ms. Harper?
DAWN RICHARD: Yeah.
MS. STEINER: Is there any reason that, aside from helping a friend, that you personally wanted to work for Mr. Combs?
DAWN RICHARD: I didn't want to go back.
MS. STEINER: Why didn't you want to go back to working for Mr. Combs?
DAWN RICHARD: Because it wasn't good and I didn't want it, but I was trying to help a friend.
MS. STEINER: When you say it wasn't good, what did you observe between Mr. Combs and Ms. Ventura during your prior employment?
DAWN RICHARD: Violence.
MS. WESTMORELAND: Objection.
THE COURT: That's sustained.
MS. STEINER: No further questions, your Honor.
THE COURT: Ms. Westmoreland.
MS. WESTMORELAND: Yes, your Honor. May we have a brief conference at the bench, like 30 seconds.
(Continued on next page)
(At the sidebar)
MS. WESTMORELAND: I'm asking this out of an abundance of caution, you might not have an objection, we talked about it yesterday, but you asked her about the financial contention of the lawsuit, I'm going to ask her if she's aware of the $22 million that was demanded.
MS. COMEY: She's already testified she doesn't know.
MS. STEINER: She already testified. To clarify and provide context, in the demand letter that was issued on Ms. Richard's behalf, which Ms. Richard testified on several occasions on cross-examination she has not reviewed, there is a $22 million amount that is included, but I don't think you've laid the foundation that she would have any reason to have knowledge of the amount, even though she said she never looked at the document.
MS. WESTMORELAND: I don't think she needs to look at the document to have knowledge. I think she authorized them to file suit on her behalf. I want to ask if she's aware. If she's not, she could say no.
THE COURT: No. You can ask some initial questions to see if she has any knowledge whatsoever about what the amount is or what discussions have had, I'll allow you to do that. If she has no knowledge about anything, you can't start talking about a number that I haven't seen and no one's seen in this courtroom.
MR. AGNIFILO: Your Honor, can I add one thing. I think the number is so large it's just -- it goes to her credibility when she says -- she doesn't know that a lawyer asked for $22 million on her behalf is different than she doesn't know that a lawyer asked for $100,000 on her behalf. One strains credibility, I think.
MS. STEINER: I think we have to take this --
THE COURT: Do you have some evidence that you want to put in to try to establish that she has knowledge and she is not telling the truth?
MR. AGNIFILO: It's just the number itself --
THE COURT: That's not true. I mean if she doesn't know what demands have been made, she doesn't know. You can ask questions. If you think that someone in her position would know what the number is, then there are a number of questions you can ask to try to establish that she does or doesn't know. So you can do that and let's take it from there and see if you get to a point where if the witness says that she has been following and receives the updates from her lawyers and all of this other stuff, then we can take it from there and you can raise your objection there.
MS. WESTMORELAND: Me and you spoke, you do not object to me saying "a lot of money" as long as I don't say a number.
MS. STEINER: Sorry. Can you provide context. I don't --
MS. WESTMORELAND: Making sure that you're still in agreement that I can say a lot of money, because that's the we made yesterday, I can't say the amount.
MS. STEINER: I never said a lot of money. I think it's fair to say that she has requested money during her -- as part of her civil suit, which she acknowledged on cross-examination.
MS. WESTMORELAND: Okay.
(Continued on next page)
THE COURT: All right. Ms. Westmoreland, when you're ready.
MS. WESTMORELAND: Thank you.
RECROSS EXAMINATION BY MS. WESTMORELAND:
MS. WESTMORELAND: Ms. Richard.
DAWN RICHARD: Yes.
MS. WESTMORELAND: So you admit that you reached out to Mr. Combs to reengage in Making the Band, right?
DAWN RICHARD: Yes.
MS. WESTMORELAND: And you explained that you while, you only did that because you wanted a relationship with LaurieAnn Gibson, right?
DAWN RICHARD: I did.
MS. WESTMORELAND: OK. And you explained that while Mr. Combs, he wasn't going to be a judge on that one?
DAWN RICHARD: I was only asked to go to one place.
MS. WESTMORELAND: So you were only going to go to one place?
DAWN RICHARD: Um-hmm.
MS. WESTMORELAND: But you would agree with me that if you reformed Dirty Money as a music group with Mr. Combs, that if that actually happened, you would be around him pretty often?
DAWN RICHARD: Yes.
MS. WESTMORELAND: I mean, as a group, you guys would go to the studio together?
DAWN RICHARD: Yes.
MS. WESTMORELAND: Write together?
DAWN RICHARD: Yes.
MS. WESTMORELAND: Brainstorm together?
DAWN RICHARD: Yes.
MS. WESTMORELAND: Perform together?
DAWN RICHARD: Yes.
MS. WESTMORELAND: Radio appearances together?
DAWN RICHARD: Yes.
MS. WESTMORELAND: TV appearances together?
DAWN RICHARD: Yes.
MS. WESTMORELAND: Tours together?
DAWN RICHARD: Yes.
MS. WESTMORELAND: Travel together?
DAWN RICHARD: Yes.
MS. WESTMORELAND: Hotels together?
DAWN RICHARD: Yes.
MS. WESTMORELAND: Travel from state to state, together?
DAWN RICHARD: Yes.
MS. WESTMORELAND: I'm sorry. I can't hear you.
DAWN RICHARD: Yes.
MS. WESTMORELAND: Travel out of the country together?
DAWN RICHARD: Yes.
MS. WESTMORELAND: Possibly, if successful enough, go on tours with tens and tens of different or 50, 70 different destinations?
DAWN RICHARD: Yes.
MS. WESTMORELAND: Fair to say that, as a group, you would spend a lot of time together?
DAWN RICHARD: Yes.
MS. WESTMORELAND: And you're telling us that you initiated contact with Mr. Combs, right?
DAWN RICHARD: Um-hmm.
MS. WESTMORELAND: To restart a group?
DAWN RICHARD: Um-hmm.
MS. WESTMORELAND: Right. That you are fully aware that you would spend a lot of time with Mr. Combs, right?
DAWN RICHARD: Yes.
MS. WESTMORELAND: OK. Even though you're telling us that he made death threats?
DAWN RICHARD: Yes.
MS. WESTMORELAND: OK. Ms. Richard, before your first meeting with the government, you had seen that Cassie Ventura filed a lawsuit, right?
DAWN RICHARD: Yes.
MS. WESTMORELAND: You read the lawsuit?
DAWN RICHARD: Yes.
MS. WESTMORELAND: And then you went out and you hired your own lawyers, right?
DAWN RICHARD: Yes.
MS. WESTMORELAND: And you filed your lawsuit?
DAWN RICHARD: Yes.
MS. WESTMORELAND: And you were hoping to be nicely compensated for that, correct?
DAWN RICHARD: For justice.
MS. WESTMORELAND: And justice for you would be money?
DAWN RICHARD: It would be to be made whole, and also be paid for the time that I was with Puff, with Sean Combs.
MS. WESTMORELAND: Which means money?
DAWN RICHARD: Yes.
MS. WESTMORELAND: No further questions.
THE COURT: Thank you. Any further questions, Ms. Steiner?
MS. STEINER: No, your Honor. Thank you.
THE COURT: Thank you very much, Ms. Richard.
(Witness excused)
THE COURT: The government may call its next witness.
MR. DONALDSON: Your Honor, would this be a good time to take a two-minute break, three-minute break?
THE COURT: Well, I was planning on going until noon and then taking our afternoon break. Can folks hang out for that much time? Would you like a very short break right now?
MR. DONALDSON: I would like a very short two-minute break. I don't know about anybody else.
THE COURT: We'll take five and come back at 11:40.
(Recess)
(Jury not present)
THE COURT: Let's come back. Please be seated. Let's get our jury.
(Jury present)
THE COURT: Please be seated. The government may call its next witness.
MS. FOSTER: Your Honor, the government calls Kerry Morgan as its next witness. While Ms. Morgan is coming to the stand, the government would move to offer as Government Exhibit C-364-4 and Government Exhibit C-364-4A.
THE COURT: Any objections to those?
MR. AGNIFILO: No objection.
THE COURT: All right. Those exhibits will be admitted.
COURT CLERK: I would ask you to rise for one moment and raise your right hand. KERRY MORGAN, called as a witness by the Government, having been duly sworn, testified as follows: Thank you. You may be seated.