DIRECT EXAMINATION BY MS. FOSTER:
MS. FOSTER: Good morning.
KERRY MORGAN: Good morning.
THE COURT: Ms. Morgan, please make sure to speak into the microphone.
KERRY MORGAN: Yes.
THE COURT: Thank you.
MS. FOSTER: Can you please state your full name.
KERRY MORGAN: Kerry Morgan.
MS. FOSTER: How old are you?
KERRY MORGAN: 39.
MS. FOSTER: Where are you from?
KERRY MORGAN: Buffalo, New York.
MS. FOSTER: Where do you currently live?
KERRY MORGAN: Los Angeles.
MS. FOSTER: What do you do for work?
KERRY MORGAN: I'm a personal assistant.
MS. WESTMORELAND: Ms. Foster, could you please pull up what is in evidence as Government Exhibit 2A-401.
MS. FOSTER: Ms. Morgan, do you recognize this person?
KERRY MORGAN: Yes.
MS. FOSTER: Who do you recognize this person as?
KERRY MORGAN: Casandra Ventura.
MS. FOSTER: What other names do you know her by?
KERRY MORGAN: Cassie.
MS. WESTMORELAND: Ms. Foster, you can take down that photo.
MS. FOSTER: Ms. Morgan, approximately when did you meet Cassie?
KERRY MORGAN: Approximately 2001.
MS. FOSTER: I want to focus your attention on the time period from 2001 until 2018. What was your relationship with Cassie during that period?
KERRY MORGAN: We were best friends.
MS. FOSTER: What is the current status of your friendship with Cassie?
KERRY MORGAN: We don't speak.
MS. FOSTER: And what year did your friendship with Cassie end?
KERRY MORGAN: 2018.
MS. FOSTER: What, if anything, happened to you in 2018?
KERRY MORGAN: Her boyfriend assaulted me.
MS. FOSTER: Who was her boyfriend at that time?
KERRY MORGAN: Sean Combs.
MS. FOSTER: Sitting here today, do you see Sean Combs in this courtroom?
KERRY MORGAN: Yes.
MS. FOSTER: Could you please identify him by describing an article of clothing that he's wearing?
KERRY MORGAN: Yellow sweater.
MS. WESTMORELAND: Let the record reflect that the witness has identified the defendant.
MS. FOSTER: Ms. Morgan, why are you testifying here today?
KERRY MORGAN: I was sent a subpoena.
MS. FOSTER: What does that subpoena require you to do?
KERRY MORGAN: To testify.
MS. FOSTER: Do you want to testify at this trial?
KERRY MORGAN: No.
MS. FOSTER: Why do you not want to testify?
KERRY MORGAN: I have moved on with my life and away from all these people and their problems.
MS. FOSTER: Taking a step back, you mentioned that you met Cassie in 2001. How did you meet her?
KERRY MORGAN: We met on modeling on a photo shoot.
MS. FOSTER: How old were you at that time?
KERRY MORGAN: I was 16. She was 15.
MS. FOSTER: Did there ever come a time when you and Cassie started living together?
KERRY MORGAN: Yes, in 2004.
MS. FOSTER: And where did you live together?
KERRY MORGAN: Manhattan.
MS. FOSTER: During your first few years in Manhattan, how often would you and Cassie see each other?
KERRY MORGAN: All the time.
MS. FOSTER: And how would you describe Cassie at this time?
KERRY MORGAN: Young, fun, she worked really hard. She was very successful as a model.
MS. FOSTER: And based on the time you spent with her, what were your observations about her confidence?
KERRY MORGAN: She was very confident.
MS. FOSTER: What types of things would you and Cassie do together during those first few years in Manhattan?
KERRY MORGAN: We always worked together. We would go out together. We did everything, basically.
MS. FOSTER: When you would hang out, how much alcohol would you see Cassie drink?
KERRY MORGAN: Not much.
MS. FOSTER: What, if anything, did you observe happen if she had a drink?
KERRY MORGAN: Um, she usually -- I had to put my finger down her throat most of the time so she could throw up.
MS. FOSTER: She got sick, is that what you're saying?
KERRY MORGAN: Yeah.
MS. FOSTER: OK. Got it. What drugs did you see Cassie use during these first few years in New York?
KERRY MORGAN: None.
MS. FOSTER: I believe you mentioned this, but what was Cassie doing for work during these first few years in Manhattan?
KERRY MORGAN: She was a model.
MS. FOSTER: Did there come a time she also started to make music?
KERRY MORGAN: Um, yeah. Eventually, in 2006, she recorded a song that exploded.
MS. FOSTER: And what was that song?
KERRY MORGAN: Me&U.
MS. FOSTER: You mentioned that Mr. Combs was Cassie's boyfriend in 2018, is that right?
KERRY MORGAN: Yes.
MS. FOSTER: When did you first learn that Mr. Combs and Cassie were dating?
KERRY MORGAN: Um, I believe it was 2007.
MS. FOSTER: From that period, from 2007 until 2018, what was the sort of status of their relationship?
KERRY MORGAN: They were -- they were together.
MS. FOSTER: When they were together, how often would you see Cassie?
KERRY MORGAN: Often.
MS. FOSTER: How often would you spend time with Mr. Combs and Cassie together?
KERRY MORGAN: Often.
MS. FOSTER: When you would spend time with them, what types of things would you do together?
KERRY MORGAN: Just hang out. Sometimes we would travel, go to eat dinner.
MS. FOSTER: Where is some of the places you traveled?
KERRY MORGAN: Um, Ibiza, we went to Italy, LA, um, Vegas, Miami.
MS. FOSTER: When you spent time with Mr. Combs and Ms. Ventura, were drugs ever involved?
KERRY MORGAN: Yes.
MS. FOSTER: And who used these drugs?
KERRY MORGAN: All of us.
MS. FOSTER: Who generally provided the drugs?
KERRY MORGAN: Um, Sean.
MS. FOSTER: Sean Combs?
KERRY MORGAN: Um-hmm.
MS. FOSTER: And how frequently would he provide drugs?
KERRY MORGAN: It wasn't -- I wouldn't say too -- too frequently, but when we would party or something.
MS. FOSTER: What do you mean by party?
KERRY MORGAN: Like, go out. Go to a club.
MS. FOSTER: What drugs did he provide?
KERRY MORGAN: Um, molly, marijuana, ectasy.
MS. FOSTER: And did you take some of those drugs?
KERRY MORGAN: Yes.
MS. FOSTER: Did you take ectasy?
KERRY MORGAN: Yes.
MS. FOSTER: How did it feel to take ectasy?
KERRY MORGAN: How did it feel? Um, euphoric.
MS. FOSTER: Did you -- which of these drugs did you observe Mr. Combs take?
KERRY MORGAN: Um, all of them.
MS. FOSTER: Did you also do drugs with Ms. Ventura alone?
KERRY MORGAN: Yes.
MS. FOSTER: And what type of drugs would you do with her alone?
KERRY MORGAN: Um, sometimes opiates, marijuana. Um, alone, that's probably it.
MS. FOSTER: How well did you get to know Mr. Combs during this period?
KERRY MORGAN: Very well.
MS. FOSTER: And when you first got to know him, what did you think of him?
KERRY MORGAN: Um, I thought he was very nice. Um, extremely generous, also sort of intimidating and a strong presence.
MS. FOSTER: And as you got to know him more, how did those views change?
KERRY MORGAN: Um, you see that he had mood swings. Sometimes he would get aggressive or he would be upset instead of just always having fun.
MS. FOSTER: What would he do when he was aggressive or upset?
KERRY MORGAN: What would he do? Sometimes he would just yell at Cassie or you could feel, like, he was mad.
MS. FOSTER: You mentioned earlier that Cassie was very confident when you first met her, is that right?
KERRY MORGAN: Yes.
MS. FOSTER: Based on the time you spent with Cassie during her relationship with Combs, what changes did you notice in her confidence?
KERRY MORGAN: Um, she lost her confidence big time. She lost her spark. She was not who -- like, the same Cassie.
MS. FOSTER: And did you notice any changes in how she carried herself during this period?
KERRY MORGAN: Yeah. She was always very slumped and kind of just bad posture. She became, like, this ...
MS. FOSTER: Were there ever times you heard Mr. Combs talk down to Cassie?
KERRY MORGAN: Yes.
MS. FOSTER: What about criticize her?
KERRY MORGAN: Yes.
MS. FOSTER: How often did you hear him do these things?
KERRY MORGAN: I wouldn't say often, but it depended on what was going on, if they had an event or something.
MS. FOSTER: What types of things did he criticize her about?
KERRY MORGAN: Her looks. Um, how she behaved, who she talked to.
MS. FOSTER: During your friendship with Cassie, were there ever times that Mr. Combs would try to contact you looking for her?
KERRY MORGAN: Yes.
MS. FOSTER: And how would he contact you?
KERRY MORGAN: On the cell phone. He would call my phone.
MS. FOSTER: How many times did that happen over the course of your friendship with Cassie?
KERRY MORGAN: A lot.
MS. FOSTER: And when you did that, would he contact you once or more than once?
KERRY MORGAN: More than once.
MS. FOSTER: How much?
KERRY MORGAN: It depends. It depended. Sometimes he would call 50 times in a row. Sometimes it would just be a couple times.
MS. FOSTER: Were there ever times that Combs' employees would try to contact you to reach Cassie?
KERRY MORGAN: Yes.
MS. WESTMORELAND: Ms. Foster, could you pull up what is in evidence as Government Exhibit 2A-301.
MS. FOSTER: Ms. Morgan, do you recognize the person in this image?
KERRY MORGAN: Yes.
MS. FOSTER: And what is that?
KERRY MORGAN: Kristina Khorram.
MS. FOSTER: What other names do you know her by?
KERRY MORGAN: K.K.
MS. FOSTER: And who was Kristina Khorram?
KERRY MORGAN: She was -- I believe she was his chief of staff or personal assistant.
MS. FOSTER: And whose personal assistant?
KERRY MORGAN: Sean Combs.
MS. FOSTER: And was she one of the employees who would try to contact you looking for Cassie?
KERRY MORGAN: Yes.
MS. WESTMORELAND: Ms. Foster, you can take down that photo.
MS. FOSTER: Why would Ms. Khorram tell you she was trying to call you?
KERRY MORGAN: If he couldn't get in touch with Cassie, usually.
MS. FOSTER: Did she ever tell you who had told her to call?
KERRY MORGAN: Well, I'm assuming it would be Sean.
MS. FOSTER: Without assuming, did she ever say that he had told her to call?
KERRY MORGAN: Yes.
MS. FOSTER: During your friendship with Cassie, did you ever have conversations with her about her music career?
KERRY MORGAN: Yes.
MS. FOSTER: And what about Mr. Combs' involvement in that career?
KERRY MORGAN: Yes.
MS. FOSTER: How many conversations did you have with her about that?
KERRY MORGAN: Over the years?
MS. FOSTER: Yes.
KERRY MORGAN: A lot.
MS. FOSTER: What, if anything, did she express to you during those conversations?
KERRY MORGAN: Um, she would -- sometimes she was frustrated because she would be working on music and then it would never get put out. Um, sometimes -- Can you repeat the question, please?
MS. FOSTER: Yes. What did she say to you about Mr. Combs' involvement in her career?
KERRY MORGAN: He was in charge of her career, so ...
MS. FOSTER: You said that she would record music and it wouldn't be put out, is that right?
KERRY MORGAN: Yes.
MS. FOSTER: What did she say about why it wouldn't be put out?
KERRY MORGAN: She never really told me why.
MS. FOSTER: Did she say who wouldn't let it be put out?
KERRY MORGAN: Yeah. It was Sean Combs.
MS. FOSTER: Over the course of your friendship, did you ever see Mr. Combs physically assault Cassie?
KERRY MORGAN: Yes.
MS. FOSTER: How many times?
KERRY MORGAN: Twice.
MS. FOSTER: And what types of things did you see him do to her?
KERRY MORGAN: Um, hit her, pull her hair. I've seen him kick her. Push her.
MS. FOSTER: Did Mr. Combs appear to be intoxicated or high on all of those occasions?
KERRY MORGAN: No.
MS. FOSTER: OK. And where were these two assaults that you described?
KERRY MORGAN: One was in Los Angeles at a home in Hollywood Hills and one was in Jamaica.
MS. FOSTER: Starting with the assault that happened in the Hollywood Hills, where would this occur?
KERRY MORGAN: Where in the house?
MS. FOSTER: Or was it at -- Whose house was it at?
KERRY MORGAN: It was -- Sean Combs' was renting the house, I believe.
MS. FOSTER: And approximately when was this?
KERRY MORGAN: I don't remember the date.
MS. FOSTER: Who was at the house?
KERRY MORGAN: Um, me, Cassie, Sean, and Ruben.
MS. FOSTER: And who is Ruben?
KERRY MORGAN: Ruben was one of his security guards.
MS. WESTMORELAND: Ms. Foster, can you please pull up what is in evidence as Government Exhibit 2A-205.
MS. FOSTER: Sorry. Just to confirm, whose security guards?
KERRY MORGAN: Sean Combs.
MS. FOSTER: Ms. Morgan, do you recognize the person in this photo?
KERRY MORGAN: Yes.
MS. FOSTER: And who do you recognize it as?
KERRY MORGAN: Ruben.
MS. FOSTER: And do you know Ruben by any other names?
KERRY MORGAN: Rube.
MS. WESTMORELAND: Ms. Foster, you can take down that photo.
MS. FOSTER: OK. So you mentioned you saw him, Mr. Combs, assault Cassie at this house. Where were you when you saw this?
KERRY MORGAN: I was in the front foyer.
MS. FOSTER: And where were Mr. Combs and Cassie?
KERRY MORGAN: In the master bedroom that was directly off of the front.
MS. FOSTER: So did you have a direct view into the bedroom?
KERRY MORGAN: Yes.
MS. FOSTER: And where was Ruben?
KERRY MORGAN: I think he was just to the left of me.
MS. FOSTER: And when did you see happen?
KERRY MORGAN: Um, I saw him push her. Um, I'm pretty sure he hit her. They were on the other side of a bed, so I'm not sure what was -- if he kicked her or something, but it was ... He pushed her.
MS. FOSTER: And this was Mr. Combs to Cassie?
KERRY MORGAN: Yes, um-hmm.
MS. FOSTER: What did you see Cassie do in response?
KERRY MORGAN: Nothing.
MS. FOSTER: What did you say when you saw this?
KERRY MORGAN: I don't remember exactly what I said, but I was upset.
MS. FOSTER: Did you say anything to Ruben?
KERRY MORGAN: Yes.
MS. FOSTER: And what did you say?
KERRY MORGAN: Do something.
MS. FOSTER: And how did Ruben respond?
KERRY MORGAN: Like -- like, that he wasn't going to do anything.
MS. FOSTER: What happened after you saw this?
KERRY MORGAN: Um, we left the house, and it's a narrow road and they were coming out to follow us. So we were, like, hiding in the -- in people's, like, front steps.
MS. FOSTER: And who is we?
KERRY MORGAN: Me and Cassie.
MS. FOSTER: And so, just to make sure I understand the sequence of events, after this happened, you left -- you and Cassie left the house, is that right?
KERRY MORGAN: Yes.
MS. FOSTER: And whose steps did you hide?
KERRY MORGAN: I don't -- some neighbor's house.
MS. FOSTER: So you went from his house to the neighbor's house?
KERRY MORGAN: Yes.
MS. FOSTER: And where exactly did you hide at that house?
KERRY MORGAN: There were, like, concrete steps like this, but the stairs were like that. So it went across like this, and we were laying flat down on the stairs.
MS. FOSTER: There was an incline next to the steps?
KERRY MORGAN: Yes. Um-hmm.
MS. FOSTER: Approximately -- How were you positioned when you were on that incline?
KERRY MORGAN: Face down.
MS. FOSTER: Laying flat?
KERRY MORGAN: Yeah.
MS. FOSTER: Was that both you and Cassie?
KERRY MORGAN: Yes.
MS. FOSTER: And just to confirm, you were laying on the concrete?
KERRY MORGAN: Yes, on the stairs.
MS. FOSTER: How long were you in that position for hiding?
KERRY MORGAN: I'm not sure.
MS. FOSTER: Approximately?
KERRY MORGAN: 20, 30 minutes.
MS. FOSTER: What tone of voice -- Were you speaking at all when you were hiding?
KERRY MORGAN: Um, yeah. We were whispering.
MS. FOSTER: You and Cassie were?
KERRY MORGAN: Yeah.
MS. FOSTER: Why were you whispering?
KERRY MORGAN: We could hear Sean and Ruben driving back, like, looking for us.
MS. FOSTER: And --
KERRY MORGAN: I didn't -- I didn't know what to do, so, um, I didn't -- I just wanted to stay there until everyone calmed down.
MS. FOSTER: And what did you hear when you heard them looking for you?
KERRY MORGAN: I don't remember exact words, but...
MS. FOSTER: But you could hear their voices?
KERRY MORGAN: Yes.
MS. FOSTER: How do you remember this ending?
KERRY MORGAN: Um, I remember her going back to the house. And I went to my hotel, I believe. I'm not sure.
MS. FOSTER: Now, you mentioned that you saw Mr. Combs assault Cassie in Jamaica as well, is that right?
KERRY MORGAN: Yes.
MS. FOSTER: And approximately when was that?
KERRY MORGAN: Um, I believe that was January of 2013.
MS. FOSTER: Why were you in Jamaica?
KERRY MORGAN: For vacation.
MS. FOSTER: Who was on that vacation?
KERRY MORGAN: Originally it was me, Casandra, our friend Nellie and his daughter, my friend Lucas, his son, and another friend little cash and then halfway through, Sean came and joined us.
MS. FOSTER: Where were you when you saw the assault?
KERRY MORGAN: Um, I had -- I was -- when I saw it? I was originally in the bar area and then I heard Cassie screaming so I ran into the hallway where she was.
MS. FOSTER: And who was around in that location where you were in the bar area?
KERRY MORGAN: At that time, no one.
MS. FOSTER: What about right before you heard the screams?
KERRY MORGAN: Cassie, Sean and I were all in the bar.
MS. FOSTER: OK. And then what, if anything, happened before the screams happened? Can you talk through that chain of events?
KERRY MORGAN: Cassie, um, had gone to the bathroom. And then after a few minutes, Sean said she's taking too long. So he left me -- I was just in the bar by myself, and then a few minutes later, I heard her screaming.
MS. FOSTER: And how would you describe her scream?
KERRY MORGAN: Like, guttural. Like, terrifying.
MS. FOSTER: What did you do? What did you see next after you heard her screaming?
KERRY MORGAN: So, I heard her screaming and I went to the hallway. The hallway was extremely long. And they were coming out of the master bedroom and he was dragging her by her hair on the floor.
MS. FOSTER: And how far did you see him drag her by her hair?
KERRY MORGAN: I saw -- I only saw -- I probably saw, like, ten feet, and then I ran back to get my purse so that we had credit cards and a phone and stuff. And when I came back, um, they were outside, so I didn't actually see him drag her all the way down the hall.
MS. FOSTER: Just to confirm, the person who was screaming, it was Cassie, is that right?
KERRY MORGAN: Yes.
MS. FOSTER: And the person who was being dragged was Cassie?
KERRY MORGAN: Yes.
MS. FOSTER: And the person who was dragging her by the hair was Mr. Combs?
KERRY MORGAN: Yes.
MS. FOSTER: Why did you go and get your, like, purse?
KERRY MORGAN: We were in Jamaica. I didn't know where we were going to go. Like, if we had to run away or if -- I didn't know what to do. If we had to get a cab, I don't have any money.
MS. FOSTER: What did you see next?
KERRY MORGAN: Um, when I came -- excuse me. When I came back to the front, they had been -- they were outside in the front, like, outside the front doors in the driveway. So where I was coming from to get my bag, it was, like, a long thing until the front door, but the doors were open. And I saw him push her on the ground and she hit her head on the brick.
MS. FOSTER: And also, Ms. Morgan, there is water in front of you if you need to have a drink.
KERRY MORGAN: Thank you.
MS. FOSTER: How did you see Ms. Ventura react after she hit her head on the brick?
KERRY MORGAN: She didn't move.
MS. FOSTER: And how was her body positioned?
KERRY MORGAN: She fell -- she fell on her side, so she was, like, this and her hands were kind of out. She was, like, a loose fetal position, I would say.
MS. FOSTER: Were her eyes opened or closed?
KERRY MORGAN: Closed.
MS. FOSTER: And what, if anything, was she saying when she was in that position?
KERRY MORGAN: Nothing.
MS. FOSTER: What went through your head when you saw that?
KERRY MORGAN: I thought she was knocked out.
MS. FOSTER: How long did she not move for?
KERRY MORGAN: I would say like 20, 30 seconds.
MS. FOSTER: What happened next?
KERRY MORGAN: Um, Sean and I were yelling at each other. And while we were arguing, she got up and ran into, like, a wooded area barefoot.
MS. FOSTER: And what did you do?
KERRY MORGAN: Um, I jumped in a golf cart that was -- there was two golf carts in the driveway, in a circle driveway. I got in one car, Sean went in the other one. We went different ways looking for her.
MS. FOSTER: And did you ever find her?
KERRY MORGAN: Yes.
MS. FOSTER: What happened then?
KERRY MORGAN: Um, I was, like, Cassie, Cassie. Like, she came running outs of the woods. She got in the car. I turned the lights off. We drove, I think -- I don't remember where we parked the golf cart, but we ended up hiding in a ditch.
MS. FOSTER: How were you positioned when you were hiding in the ditch?
KERRY MORGAN: Crouched down.
MS. FOSTER: What about Cassie?
KERRY MORGAN: Same.
MS. FOSTER: What tone of voice were you speaking in?
KERRY MORGAN: Whispers.
MS. FOSTER: And why were you whispering?
KERRY MORGAN: We could hear, um, Sean, and our friend Lucas had joined him to look for us, going back and forth around the community.
MS. FOSTER: How long were you crouched in the ditch for?
KERRY MORGAN: I'm not sure exactly, but it felt like hours.
MS. FOSTER: How do you recall this incident ending?
KERRY MORGAN: We went back to the house, eventually.
MS. FOSTER: And do you remember exactly why you went back to the house?
KERRY MORGAN: No.
MS. FOSTER: Stepping back, what did you notice about Cassie's appearance after she fell and hit her head?
KERRY MORGAN: She had a really big bump on her -- on her forehead.
MS. FOSTER: Do you know if she ever received any medical attention?
KERRY MORGAN: I don't believe she did.
MS. FOSTER: OK. Before we move on, are these two occasions the only times that you ever saw Mr. Combs assault Cassie?
KERRY MORGAN: No.
MS. FOSTER: You saw additional times?
KERRY MORGAN: Yeah.
MS. FOSTER: Are these times the ones that you remember best?
KERRY MORGAN: Yes.
MS. FOSTER: And why is it -- and how -- What would you describe your memory of the other times as?
KERRY MORGAN: Um, just the other times wouldn't -- were just not as big of a deal, just, like, a little push or a slap or something.
MS. FOSTER: During those times you saw violence, did you ever see Cassie fight back?
KERRY MORGAN: Um, eventually, yeah.
MS. FOSTER: Can you describe what you saw from her?
KERRY MORGAN: I don't -- I don't remember, but I know she started fighting back.
MS. FOSTER: Who initiated the violence in each of those instances?
KERRY MORGAN: I believe Sean.
MS. FOSTER: Did you ever see injuries on Mr. Combs from what Cassie did?
KERRY MORGAN: No. No.
MS. FOSTER: OK. Directing your attention to March 6, 2016, where were you staying on that date?
KERRY MORGAN: Um, Cassie's house.
MS. FOSTER: Why were you staying there?
KERRY MORGAN: I was visiting. I don't remember.
MS. FOSTER: Where was that house?
KERRY MORGAN: Um, on Comstock in Los Angeles.
MS. FOSTER: Do you remember what, if any, event Cassie had around that time?
KERRY MORGAN: She had her first movie premiere for The Perfect Match.
MS. FOSTER: Did there come a time that day when you were alone in the apartment and Cassie came back?
KERRY MORGAN: Yes.
MS. FOSTER: What did you observe about Cassie's appearance when she arrived?
KERRY MORGAN: Um, she had her hoodie completely covering her face and she was kind of, like, slumped down. And she dropped her bags and didn't say anything. She was just standing there.
MS. FOSTER: I'm sorry. Can you -- did you. I'm sorry. Can you repeat that?
KERRY MORGAN: She had her hoodie, like, over her head and she was kind of, like, slumped and she just dropped her bags. When she pulled her hoodie back, she had a black eye.
MS. FOSTER: Thank you. After Cassie arrived at the apartment, who, if anyone, else came to the apartment?
KERRY MORGAN: Sean Combs came.
MS. FOSTER: And how much later did he come?
KERRY MORGAN: It was probably, like, 30 minutes, I guess.
MS. FOSTER: Can you describe what happened when he arrived?
KERRY MORGAN: Um, yes. He was hitting the door with a hammer to try to open it.
MS. FOSTER: And how did you know it was Mr. Combs?
KERRY MORGAN: He was yelling. I could hear him. There was a peephole. We could see through.
MS. FOSTER: How did you know it was a hammer?
KERRY MORGAN: We could see it.
MS. FOSTER: How loud was the hammer?
KERRY MORGAN: It was pretty loud.
MS. FOSTER: What type of door was it?
KERRY MORGAN: I believe it was a wooden door.
MS. FOSTER: How loud was he speaking through the door?
KERRY MORGAN: I don't remember.
MS. FOSTER: How did you feel when you saw -- when you heard this?
KERRY MORGAN: I was terrified.
MS. FOSTER: And how did Cassie appear?
KERRY MORGAN: Numb.
MS. FOSTER: Why did you say numb?
KERRY MORGAN: She was just sitting on the couch. She wasn't doing anything. She wasn't -- I was freaking out and she was just, like, she didn't care if he came in and killed her. She was just, like...
MS. FOSTER: What did you do after this happened?
KERRY MORGAN: What did I do?
MS. FOSTER: Yes.
KERRY MORGAN: Um...
MS. FOSTER: Did you call anyone?
KERRY MORGAN: I called Kristina and I called D-Roc.
MS. FOSTER: And is that Kristina Khorram?
KERRY MORGAN: Yes.
MS. FOSTER: And who is D-Roc?
KERRY MORGAN: D-Roc is the -- I think he was the head of his security team.
MS. FOSTER: Whose security team?
KERRY MORGAN: Sean Combs.
MS. WESTMORELAND: Ms. Foster, can you please pull up what is already in evidence as Government Exhibit 2A-202.
MS. FOSTER: Ms. Morgan, do you recognize this individual?
KERRY MORGAN: Yeah, that's D-Roc.
MS. WESTMORELAND: Ms. Foster, you can take the photo down.
MS. FOSTER: Why did you call Ms. Khorram and D-Roc?
KERRY MORGAN: Um, I believe I called D-Roc first, because he's the security. I thought he could come and get him out of there. And then he couldn't, so I called Kristina to come and get him to go home.
MS. FOSTER: Approximately how long was Mr. Combs banging at the door?
KERRY MORGAN: I'm not sure.
MS. FOSTER: Did he eventually leave?
KERRY MORGAN: Yes.
MS. FOSTER: And do you know what happened?
KERRY MORGAN: I don't know. I -- I think maybe Kristina came, but I'm not sure.
MS. FOSTER: Did he ever get into the apartment?
KERRY MORGAN: No.
MS. FOSTER: What happened after he left?
KERRY MORGAN: The police came.
MS. FOSTER: Who called the police?
KERRY MORGAN: I'm not sure.
MS. FOSTER: What happened when they got there?
KERRY MORGAN: Um, I opened the door. They pushed me against the wall, took my ID. Um, they asked Cassie for her ID. She wouldn't give it to them. She wouldn't tell them her name. Eventually, they left.
MS. FOSTER: Who, if anyone, did you tell about the police officers arriving at the apartment?
KERRY MORGAN: Kristina Khorram.
MS. WESTMORELAND: Ms. Foster, would you please pull up what is already in evidence as Government Exhibit C-364-4. Can we just focus on the participants at the top.
MS. FOSTER: Ms. Morgan, do you recognize the participants in this chat?
KERRY MORGAN: Yes.
MS. FOSTER: Who are they?
KERRY MORGAN: Me and Kristina.
MS. WESTMORELAND: OK. You can take that down. Then could we go to the next page.
MS. FOSTER: What date are these messages from?
KERRY MORGAN: March 6, 2016.
MS. FOSTER: And is that the same date of the incident you just discussed?
KERRY MORGAN: Yes.
MS. FOSTER: Could you please read your first two messages?
KERRY MORGAN: I'm so sorry I missed your calls. I'm just so not used to this shit. Are you OK?
MS. FOSTER: And then the first two messages on the next page?
KERRY MORGAN: It's so dramatic. I haven't been looking at my phone. We're OK, but it's just so nuts.
MS. FOSTER: What were you -- Oh, before we go to the next one, what were you referring to in these messages?
KERRY MORGAN: The violence.
MS. FOSTER: Him coming to the door?
KERRY MORGAN: Yeah.
MS. FOSTER: OK. Turning to this next message, can you read it, please?
KERRY MORGAN: I don't think anyone should call her.
MS. FOSTER: Who is the "her" you're referring to?
KERRY MORGAN: Cassie.
MS. FOSTER: Did you send an attachment with this message?
KERRY MORGAN: Yes.
MS. FOSTER: What was that attachment?
KERRY MORGAN: It's the card that the detective left.
MS. FOSTER: The law enforcement officer who came to the apartment?
KERRY MORGAN: Yeah, um-hmm.
MS. WESTMORELAND: Ms. Foster, can you now please pull up what's in evidence as Government Exhibit 364-4A.
MS. FOSTER: Is that the card we just talked about?
KERRY MORGAN: Yes. Yes.
MS. WESTMORELAND: Thank you, Ms. Foster. Can you go back to the prior exhibit, 364-4. Can we go to the fourth page.
BY MS. WESTMORELAND:
MS. FOSTER: I'll read Ms. Khorram's messages, if you read your own, please. Can I call you in a bit? When I'm alone?
KERRY MORGAN: She was looking for anyone to say the wrong thing so she can call domestic abuse.
MS. FOSTER: Who is the "she" that you're referring to in this statement?
KERRY MORGAN: The police officer that came.
MS. FOSTER: OK. Turning to the next messages. Could you please read?
KERRY MORGAN: Of course. Cass just asked me to send you that.
MS. FOSTER: And what were you referring to when you said Cass just asked me to send you that?
KERRY MORGAN: The business card of the detective.
MS. WESTMORELAND: OK. Thank you Ms. Foster. You can take down these exhibits.
MS. FOSTER: In these messages, Ms. Khorram mentions she is going to call you. Did you talk with Ms. Khorram on the phone after this?
KERRY MORGAN: I'm not sure.
MS. FOSTER: Did you encourage Ms. Ventura to speak to the police that day?
KERRY MORGAN: Yes.
MS. FOSTER: On the other occasions you witnessed Mr. Combs be violent towards Ms. Ventura, did you ever call law enforcement?
KERRY MORGAN: No.
MS. FOSTER: Why not?
KERRY MORGAN: She didn't want me to.
MS. FOSTER: You mentioned that when Cassie -- or what was your understanding of where Cassie had been prior to her coming back to the apartment on that day?
KERRY MORGAN: A hotel.
MS. FOSTER: And who was she with?
KERRY MORGAN: Sean Combs.
MS. FOSTER: What, if anything, did Cassie tell you about why she was at that hotel?
KERRY MORGAN: She didn't tell me why.
MR. AGNIFILO: Objection. Hearsay, your Honor.
THE COURT: That's sustained. A. She didn't -- I don't remember her telling me why.
MS. FOSTER: Your Honor, she's not going to testify about a statement that Ms. Ventura made to her. Is that permissible?
THE COURT: I sustained the objection, and then the witness answered that she didn't have knowledge. But you can ask a different question.
MS. FOSTER: OK.
BY MS. WESTMORELAND:
MS. FOSTER: Did she ever tell you anything about why she was at the hotel with Mr. Combs; yes or no?
KERRY MORGAN: No.
MS. FOSTER: Do you remember any other occasion that you and Cassie discussed her going to a hotel with Mr. Combs?
KERRY MORGAN: Yeah.
MS. FOSTER: What do you remember about that?
MR. AGNIFILO: Objection, your Honor.
MS. FOSTER: Your Honor, could we have a sidebar briefly about this?
THE COURT: We can. Yes.
(Continued on next page)
(At the sidebar)
MS. FOSTER: Your Honor.
THE COURT: Well, first, I take it that, at least part of the objection, was a form objection given the nature of the question? Is that at least part of objection?
MR. AGNIFILO: Yes.
THE COURT: I think it was a little vague. The question was a little broad and vague.
MS. FOSTER: OK.
THE COURT: That's just something you can rephrase the question to address. But now?
MS. FOSTER: I just wanted to clarify that we are going to seek to admit a prior consistent statement in which Ms. Ventura states -- tells Ms. Morgan that she does not -- did not want to good to a hotel, but had to because Mr. Combs wanted her to. I brought this up with Mr. Agnifilo prior, so I just wanted to make sure that that wasn't going to be an issue.
THE COURT: If you're more specific about, like, the question, then it probably would not have drawn the objection given that discussion. Mr. Agnifilo.
MR. AGNIFILO: So, no. I am objecting to the hearsay. Really, this is something that if they were going to do this, they should have done it with the declarant. It's not fair, in my opinion. It's not fair to have a declarant on the stand, have the declarant get off the stand, and have speculation about what the declarant said. This should have been asked of Cassie. Did you have a conversation with Ms. Ventura with Kerry Morgan after you got out of the hotel? What did you say? Why did you say it? Now I can't question this witness on why Cassie said what she said. Cassie is off the stand and not someone we can recall because of circumstances. So, given the particular circumstances here, I think it's inadmissible hearsay. And if they wanted to get this out, they should have done it through Cassie, the declarant.
THE COURT: Why would it be inadmissible just because Ms. Ventura is off the stand?
MR. AGNIFILO: Because it's offered for the truth. It's a statement that -- of Cassie, you know, saying something that is true, I don't want to go to the hotel. And to the extent that they are doing this after the person was off the stand, well, you know, why not? And there's a whole series of questions one would ask someone who is expressing that view. We can no longer ask because she's off the stand. I think to bring this in is a statement --
THE COURT: Ms. Foster, wouldn't this statement, in this context, be the statement that Ms. Ventura made to Ms. Morgan? And so if there is a prior -- if there was an attack on credibility, then you would be able to elicit this testimony. But I think Mr. Agnifilo's point is that there was no testimony about that discussion, and so for that reason, they did not address in any way, shape, or form anything that Ms. Ventura would have said to Ms. Morgan. Given that they didn't do that, you can't get this statement in as a prior consistent statement.
MS. FOSTER: Well, there was numerous testimony not about any specific statement, but a large part of Ms. Ventura's testimony was about her feeling that she did not want to attend these sex or freak-offs at hotels. They cross-examined her extensively on that by showing her messages, showing that she messages that they purported showing that she did want to go to that. I think that this issue was put directly at issue in her testimony.
THE COURT: I think you're right that the general issue of Ms. Ventura's consent or lack of consent was put in issue. But I think that the rule says that when you are putting in a statement, there has to be an attack on the statement, and at least directly or indirectly. I'm just saying that I think Mr. Agnifilo's point is the statement was never addressed.
MR. AGNIFILO: Correct.
THE COURT: There was never any testimony about that during Ms. Ventura's examination, and for that reason, it falls outside of the rule.
MR. AGNIFILO: That is the reason. You're right. But there is a more practical result, which is there was discussion about her premiere the next day. So if she -- if Ms. Ventura says to this witness, I didn't want to be in the hotel, I don't -- it's not fair to bring out the larger issue of freak-offs. There was a discussion, this has to be fast, because we have a premiere the next day.
THE COURT: I'm going to sustain the objection.
MS. COMEY: Perhaps we could revisit some of this at the lunch break, your Honor?
THE COURT: All right.
MS. COMEY: If that's OK with you.
THE COURT: OK.
(Continued on next page)
(In open court)
THE COURT: Ms. Foster, when you're ready.
BY MS. FOSTER:
MS. FOSTER: Ms. Morgan, did you ever speak with Cassie about her relationship with Mr. Combs?
KERRY MORGAN: Yes.
MS. FOSTER: And did you ever talk with her about whether she should stay in that relationship?
KERRY MORGAN: Yes.
MS. FOSTER: Approximately how many times?
KERRY MORGAN: Often.
MS. FOSTER: What would you say to her?
KERRY MORGAN: I wanted her to do what she wanted to do, but sometimes I would tell her she should leave him.
MS. FOSTER: What would she say in response?
KERRY MORGAN: That she couldn't.
MS. FOSTER: Why did she say she couldn't?
KERRY MORGAN: Because of her job, her car, her apartment. He controlled everything. She would have lost all of her livelihood.
MS. FOSTER: And that's Mr. Combs?
KERRY MORGAN: Yes.
MS. FOSTER: Other than yourself, how many other friends did Ms. Ventura have around this time?
KERRY MORGAN: Not many.
MS. FOSTER: And how many of them were employed by Mr. Combs?
KERRY MORGAN: Almost everyone, but me.
MS. FOSTER: How much time would Cassie spend with those employees of Mr. Combs?
KERRY MORGAN: A lot.
MS. FOSTER: Would you see her after she would spend time with them?
KERRY MORGAN: Yeah.
MS. FOSTER: What did you notice about Cassie after she spent time with people close to him?
MR. AGNIFILO: I'm going to object to the form of the question, Judge.
THE COURT: Ms. Foster, can you rephrase the question.
BY MS. FOSTER:
MS. FOSTER: Did you observe Cassie's demeanor after she would hang out with employees of Mr. Combs?
KERRY MORGAN: Yes.
MS. FOSTER: And did you speak with her about her relationship after you would hang out, after she would hang out with employees of Mr. Combs?
KERRY MORGAN: Yes.
MS. FOSTER: And what, if anything, did you notice about Cassie after she spent time with people associated with him based on your observations of her demeanor and those conversations?
MR. AGNIFILO: I'm going to object, without a time period.
THE COURT: Overrule the objection.
MS. FOSTER: You can answer the question.
KERRY MORGAN: Can you repeat it, please?
MS. FOSTER: Yes. Based on your conversations with her and your observations of Ms. Ventura's demeanor, what did you notice about Cassie after she would spend time with people associated with Mr. Combs?
KERRY MORGAN: She didn't want to leave him after. She would see some -- some people that -- you could tell they were convincing her to, it's OK.
MS. FOSTER: And who were those people?
KERRY MORGAN: One was April, D-Roc's wife.
MS. FOSTER: Anyone else?
KERRY MORGAN: Um, not off the top of my head. But yeah, I'm sure.
MS. FOSTER: Directing your attention to 2018, you mentioned that Combs assaulted you, is that right?
KERRY MORGAN: Yes.
MS. FOSTER: Where were you when that happened?
KERRY MORGAN: At Cassie's house.
MS. FOSTER: And who were you with?
KERRY MORGAN: Cassie.
MS. FOSTER: Where was that house?
KERRY MORGAN: The Hollywood Hills.
MS. FOSTER: What happened on that day?
KERRY MORGAN: Um, Cassie and I were listening to her music. Um, she got up to go to the bathroom, which was by the front door, and he had -- Sean had come in. I guess he had a key and she didn't know. So, she was in the bathroom. So she saw him come in and she locked herself in the bathroom. And I was in the living room, and he came up behind me and choked me. And then when I got away, he boomeranged a wooden hanger on my head.
MS. FOSTER: And how did he choke you?
KERRY MORGAN: I'm not sure, but I had finger marks on my neck, so ...
MS. FOSTER: What type of hanger did he hit you with?
KERRY MORGAN: A wooden coat hanger.
MS. FOSTER: And when he did these things, where was Cassie?
KERRY MORGAN: In the bathroom.
MS. FOSTER: And what part of your body did the hanger hit you?
KERRY MORGAN: Behind my right ear.
MS. FOSTER: Without telling me Mr. Combs' specific words, what did he express concern about when he hit you?
KERRY MORGAN: Who Cassie was cheating on him with.
MS. FOSTER: At that time, did you know what he was talking about?
KERRY MORGAN: I had no idea.
MS. FOSTER: What did you do in response?
KERRY MORGAN: Um, I got my stuff and left the house.
MS. FOSTER: Who, if anyone, did you see when you left the house?
KERRY MORGAN: Um, Ryan. I'm not sure his last name.
MS. FOSTER: Who is Ryan?
KERRY MORGAN: Um, Sean's old assistant.
MS. FOSTER: Sean Combs?
KERRY MORGAN: Yes.
MS. FOSTER: And what did you say to Ryan?
KERRY MORGAN: I said, He's going crazy. Like, he's lost it.
MS. FOSTER: And how did Ryan react?
KERRY MORGAN: Kind of, like, I don't think he knew what he could do about it. He didn't do anything.
MS. FOSTER: Did you shrug?
KERRY MORGAN: Yeah.
MS. FOSTER: Is that what you just did?
KERRY MORGAN: Yeah.
MS. FOSTER: Let the record reflect that the witness shrugged. Ms. Foster, could you pull up, just for the parties and the witness, what has been marked as Government Exhibit 2A-311.
MS. FOSTER: Ms. Morgan, do you recognize this person?
KERRY MORGAN: Yes. That's Ryan.
MS. FOSTER: That's the person we were just talking about?
KERRY MORGAN: Yes.
MS. FOSTER: How do you recognize him?
KERRY MORGAN: Because of the picture.
MS. FOSTER: Had you known him?
KERRY MORGAN: Yeah. I met him before.
MS. FOSTER: Is this a fair and accurate photograph of Ryan?
KERRY MORGAN: Yes.
MS. FOSTER: The government offers Government Exhibit 2A-311.
MR. AGNIFILO: No objection.
THE COURT: 2A-311 will be admitted.
(Government's Exhibit 2A-311 received in evidence)
MS. FOSTER: Ms. Foster, would you please publish Government Exhibit 2A-311 for the jury. Could you please take that down.
MS. FOSTER: What injuries did you have after this happened?
KERRY MORGAN: I had a concussion.
MS. FOSTER: What physical symptoms did you experience in the hours after?
KERRY MORGAN: I was dizzy. I vomited a few times.
MS. FOSTER: What did you do as a result of these symptoms?
KERRY MORGAN: I went to an urgent care facility.
MS. FOSTER: And what happened when you got there?
KERRY MORGAN: They saw me.
MS. FOSTER: After you were assault, did you ever have anyone reach out to Mr. Combs on your behalf?
KERRY MORGAN: Yes.
MS. FOSTER: Who?
KERRY MORGAN: A lawyer.
MS. FOSTER: And about what?
KERRY MORGAN: The assault.
MS. FOSTER: Why did you have them reach out?
KERRY MORGAN: To, um -- I was planning on filing a lawsuit.
MS. FOSTER: Did you ever file a lawsuit?
KERRY MORGAN: I did not.
MS. FOSTER: Did you eventually receive money?
KERRY MORGAN: Yes.
MS. FOSTER: Approximately how much did you receive?
KERRY MORGAN: 30,000.
MS. FOSTER: Who paid you that money?
KERRY MORGAN: Sean Combs.
MS. FOSTER: Who told you about it?
KERRY MORGAN: Cassie.
MS. FOSTER: Where did Cassie tell you about this money?
KERRY MORGAN: Where? We met at a pizza place in West Hollywood.
MS. FOSTER: And how long after the assault was this?
KERRY MORGAN: I would say about a month.
MS. FOSTER: And was your lawyer involved in that meeting?
KERRY MORGAN: No.
MS. FOSTER: What did Cassie say when she told you about the money?
KERRY MORGAN: She told me she thought I was milking it, that I was over-exaggerating, and da, da, da, da, da.
MS. FOSTER: What, if anything, did she give you to sign when she told you about the money?
KERRY MORGAN: An NDA.
MS. FOSTER: Do you still have a copy of that NDA?
KERRY MORGAN: No.
MS. FOSTER: How closely did you read it prior to signing?
KERRY MORGAN: I barely read it.
MS. FOSTER: What happened to your relationship with Cassie after this?
KERRY MORGAN: We haven't spoken since.
MS. FOSTER: And when about Mr. Combs?
KERRY MORGAN: Same.
MS. FOSTER: When was the last time you spoke to either of them?
KERRY MORGAN: The last time I spoke to Sean Combs was probably that night, um, of the assault. And the last time I spoke to Cassie was that pizza place, when I signed the NDA.
MS. FOSTER: And do you have any pending lawsuit against Mr. Combs or anyone else relating to what happened?
KERRY MORGAN: No.