2.David James — Direct/Cross/Redirect/Recross (Part 2)
1,687 linesTHE COURT: Ms. Slavik, when you are ready. DAVID JAMES, resumed. DIRECT EXAMINATION CONTINUED
BY MS. SLAVIK:
MS. SLAVIK: Good morning, Mr. James. Welcome back.
DAVID JAMES: Good morning.
MS. SLAVIK: Before we broke yesterday, Mr. James, you were describing disagreements that you observed between Mr. Combs and Cassie. Do you remember that?
DAVID JAMES: Yes, I do.
MS. SLAVIK: Can you remind the jury what these disagreements were about?
DAVID JAMES: They were regarding Cassie's professional career. She wanted to get more involved in modeling as well as acting.
MS. SLAVIK: What was Mr. Combs's reaction?
DAVID JAMES: He would remind her that she needed to focus on her music career, and that was the priority.
MS. SLAVIK: Did you observe these sorts of disagreements once or more than once?
DAVID JAMES: There was more than one occasion.
MS. SLAVIK: What about physical violence between Mr. Combs and Cassie, did you personally observe physical violence?
DAVID JAMES: I did not, no.
MS. SLAVIK: Mr. James, I want to direct your attention to January 2009. Do you recall an incident involving a blog post around that time?
DAVID JAMES: Yes, I do.
MS. SLAVIK: What time of day do you remember this incident taking place?
DAVID JAMES: This was late into the evening, early morning.
MS. SLAVIK: Where were you at the time?
DAVID JAMES: I had a day off, so I was at Mr. Combs's estate in Los Angeles, and I was sitting at the computer in the office.
MS. SLAVIK: What were you doing?
DAVID JAMES: I was working on a research project for Mr. Combs. He wanted to get new tattoos, so I was looking up different options for him.
MS. SLAVIK: Was Mr. Combs with you at that time?
DAVID JAMES: He entered the house at that time.
MS. SLAVIK: Where was he before he entered the house?
DAVID JAMES: He was out at the club.
MS. SLAVIK: Who was he with at the club?
DAVID JAMES: Ms. Ventura, another assistant, and security.
MS. SLAVIK: Do you remember who from security?
DAVID JAMES: I believe it was Bonds.
MS. SLAVIK: You said that Mr. Combs returned to the Los Angeles house?
DAVID JAMES: He did, yes.
MS. SLAVIK: What did he do when he returned to the house?
DAVID JAMES: As soon as he entered the door, he beelined straight towards me, and he was -- he came right over to me and looked over my shoulder, asked me what I was doing. And I said I'm doing a research project for you, sir. He told me that someone was lying on him, that someone did a blog post that someone hit Cassie. And he looked at my browser history to see what websites I had been visiting that night.
MS. SLAVIK: What was Mr. Combs's demeanor when he was doing this?
DAVID JAMES: He was pretty upset.
MS. SLAVIK: Did he explain what he was doing?
DAVID JAMES: He mentioned that -- I think he was -- he did say that, you know, that someone was lying on me about this blog post and that he was trying to see if I had wrote this blog post.
MS. SLAVIK: What did he indicate the lie was?
DAVID JAMES: That he had hit Cassie at the club.
MS. SLAVIK: What was your reaction to Mr. Combs searching your browsing history?
DAVID JAMES: It was jarring. He's never done that before.
MS. SLAVIK: Was Cassie at the house while Mr. Combs was doing this?
DAVID JAMES: I did not see Cassie that night, no.
MS. SLAVIK: Where was Cassie?
DAVID JAMES: I'm not sure. I think she was outside.
MS. SLAVIK: Did you see Cassie after this incident?
DAVID JAMES: I did not, not for some time.
MS. SLAVIK: Did Mr. Combs provide you with any instructions with respect to Cassie after this incident?
DAVID JAMES: He did, yes. A few days later, he instructed me to bring her food to the hotel.
MS. SLAVIK: Which hotel?
DAVID JAMES: I believe it was The London in Los Angeles.
MS. SLAVIK: And Cassie was staying at The London hotel?
DAVID JAMES: That was my understanding, yes.
MS. SLAVIK: Prior to Cassie staying at The London hotel before this incident, where had she been staying?
DAVID JAMES: At the house with us.
MS. SLAVIK: At Mr. Combs's Los Angeles house?
DAVID JAMES: That's correct, yes.
MS. SLAVIK: How long was Cassie at The London hotel after this incident?
DAVID JAMES: About a week.
MS. SLAVIK: What specifically did Mr. Combs instruct you to do?
DAVID JAMES: To bring Cassie some Roscoe's.
MS. SLAVIK: What's Roscoe's?
DAVID JAMES: It's a restaurant in Los Angeles. They make delicious fried chicken.
MS. SLAVIK: Did you bring Roscoe's to Cassie at the hotel?
DAVID JAMES: I did. I approached the hotel with Roscoe's and I knocked on the door. She did not answer the door. There was a personal staff who answered the door.
MS. SLAVIK: Do you remember who answered the door?
DAVID JAMES: I believe it was Bonds or Genevieve, but I'm not 100 percent sure.
MS. SLAVIK: And when you say personal staff, what do you mean by that?
DAVID JAMES: It was someone on the executive team.
MS. SLAVIK: Mr. Combs's executive team?
DAVID JAMES: That's right.
MS. SLAVIK: Did you see Cassie in the hotel room?
DAVID JAMES: I did not, no.
MS. SLAVIK: What was your reaction to this event?
MR. AGNIFILO: I'm going to object to the reaction.
THE COURT: It's overruled.
DAVID JAMES: I was surprised. I was expecting to see Cassie answer the door.
MS. SLAVIK: Had you delivered items to Cassie at hotels before this?
DAVID JAMES: I have, yes, and she'd always answer the door.
MS. SLAVIK: Mr. James, did you ever look for this blog post that Mr. Combs referred to?
DAVID JAMES: I did, yes.
MS. SLAVIK: Why?
DAVID JAMES: Because I was confused as to what was going on and I wanted to figure out what he was talking about.
MS. SLAVIK: Did you find it?
DAVID JAMES: I did, yes.
MS. SLAVIK: Where did you find it?
DAVID JAMES: So I just Googled Diddy Cassie Los Angeles club, and it came up on a blog called -- I think it was Lipstick something. I forget the name of the blog.
MS. SLAVIK: Turning to a different topic, Mr. James, you testified yesterday that one of your responsibilities as Mr. Combs's personal assistant was advancing and setting up locations. Do you remember that?
DAVID JAMES: I do, yes.
MS. SLAVIK: And that included advancing hotel rooms?
DAVID JAMES: That's right.
MS. SLAVIK: Who directed you to set up hotel rooms or advance hotel rooms?
DAVID JAMES: Mr. Combs would direct me. He would let me know he wanted to get a hotel room for the evening.
MS. SLAVIK: Did Mr. Combs stay in hotel rooms frequently?
DAVID JAMES: He did, yes.
MS. SLAVIK: Did you book hotel rooms for Mr. Combs?
DAVID JAMES: I did not, no.
MS. SLAVIK: Do you know who did?
DAVID JAMES: I'm not sure, no.
MS. SLAVIK: Were hotel rooms booked under Mr. Combs's name?
DAVID JAMES: They were not, no.
MS. SLAVIK: What name were they booked under?
DAVID JAMES: Under Frank Black.
MS. SLAVIK: Where were these hotels that Mr. Combs stayed in located?
DAVID JAMES: New York City. The Trump International in new York City was his favorite hotel he stayed at. There was also some in Los Angeles and Miami.
MS. SLAVIK: Can you remind the jury what advancing hotel rooms entailed.
DAVID JAMES: Yeah. Advancing a hotel room, it entailed bringing his personal items in to go against a rider that he provided -- that the office provided so when he arrived at the hotel room, it was a very comfortable environment for him.
MS. SLAVIK: Now you mentioned personal items. What sort of personal items did you bring to the hotel rooms for Mr. Combs?
DAVID JAMES: So like in New York City, for example, if he asked for me to go advance a hotel room, I'd go back to his apartment and I'd get like a Jordan sweatsuit, I'd get a fresh pair of underwear, fresh pair of socks, some slides for him. I'd also bring a toiletry bag, and I would bring the iPod speaker base. And then next to the Trump, there's a Duane Reade there, so I'd go there and get different food items, applesauce, jello, Fiji water, and then we'd always have Ciroc vodka and Simply Lemonade, as well.
MS. SLAVIK: You mentioned a toiletry bag. What was in the toiletry bag?
DAVID JAMES: The toiletry bag basically had a lot of different cosmetic products for his skin. So we'd set them up on his bathroom counter. There was probably 40 different products, everything from ointments to a razor, he had Just For Men in there, as well. Basically, everything that he may need. He didn't always use these items, but I was always taught to provide everything just in case he needed something, that way he wouldn't need to call you later on.
MS. SLAVIK: And you set these items up before Mr. Combs got to the hotel?
DAVID JAMES: I did, yes.
MS. SLAVIK: How did you do that?
DAVID JAMES: I'm sorry?
MS. SLAVIK: How did you enter the hotel room before Mr. Combs arrived?
DAVID JAMES: Yeah, so I'd get a key from the front desk. For example, at the Trump International, they knew me very well, so they'd hand me a key. Other times, like in Beverly Hills, I'd go to the front desk and say I was here for Mr. Black, and they would provide me a key, as well.
MS. SLAVIK: You mentioned the toiletry bag and several other items that you used to set up the hotel room. Were there any other bags or items that Mr. Combs required at hotel rooms?
DAVID JAMES: He did, yeah. There was always a medicine bag that would be required at the hotel rooms and other personal items, as well.
MS. SLAVIK: Were there any other bags, besides the medicine bag?
DAVID JAMES: The medicine bag, his toiletry bag, and we called it the personal LV bag.
MS. SLAVIK: What did the personal LV bag look like?
DAVID JAMES: It was like a Louis Vuitton briefcase, like a bag you keep a computer in.
MS. SLAVIK: What was in the personal LV bag?
DAVID JAMES: So most of the time there was money in there, his wallet, items that he would need on a daily basis to move around the city.
MS. SLAVIK: You said money was in the personal LV bag?
DAVID JAMES: That's correct.
MS. SLAVIK: How much money?
DAVID JAMES: Depended on the day, around $10,000, sometimes much more than that.
MS. SLAVIK: And that was in cash?
DAVID JAMES: That's correct.
MS. SLAVIK: Generally, who carried the personal LV bag?
DAVID JAMES: The security always carried the personal LV bag most of the time because it always stayed with Mr. Combs whenever he was around.
MS. SLAVIK: You also mentioned a medicine bag; is that right?
DAVID JAMES: That's correct.
MS. SLAVIK: What was in the medicine bag?
DAVID JAMES: There were probably 25 to 30 different pillboxes or pill bottles. Some of them were unmarked, so I was not familiar with what they were. Some were like Advil, Tylenol. He had water pills to help him lose weight. He had a Viagra in there. He had some pills that helped increase his sperm count, for example.
MS. SLAVIK: Any other sorts of pills?
DAVID JAMES: He did have ecstasy and Percocets in there, as well.
MS. SLAVIK: Who was responsible for ensuring -- excuse me. Where was the medicine bag kept?
DAVID JAMES: It was kept mostly in the personal LV bag.
MS. SLAVIK: The personal LV bag that security carried generally?
DAVID JAMES: That's right.
MS. SLAVIK: Who was responsible for ensuring that the LV bag was transported to the hotel?
DAVID JAMES: Most of the time it would be security. From my understanding, they would walk up to the hotel room with Mr. Combs and they would drop off the bag there.
MS. SLAVIK: Do you remember who specifically from security would do that?
DAVID JAMES: That would be something that Bonds would do.
MS. SLAVIK: You mentioned several items that you used to advance hotel rooms. Generally speaking, who was responsible for replenishing these supplies?
DAVID JAMES: I was.
MS. SLAVIK: How did you go about replenishing these supplies?
DAVID JAMES: So I would go to Duane Reade and I would use my own personal credit cards for the items. Some items I used cash for, as well.
MS. SLAVIK: Were you reimbursed for these items?
DAVID JAMES: I was, yes.
MS. SLAVIK: Generally speaking, how did the reimbursement process work?
DAVID JAMES: We would have to submit all our receipts through Bad Boy Entertainment where we would put them on a white piece of paper and write notes on them. So, for example, PD medicine, PD hotel, snacks, things like that.
MS. SLAVIK: And how did you get reimbursed for those items that you'd get receipts for?
DAVID JAMES: I'd get a check from Bad Boy Entertainment.
MS. SLAVIK: Do you know who was responsible for overseeing the reimbursement process?
DAVID JAMES: I don't remember their name. It was a midlevel manager at Bad Boy.
MS. SLAVIK: In what department?
DAVID JAMES: Finance.
MS. SLAVIK: Do you remember who the head of the finance department was while you were a personal assistant?
DAVID JAMES: I do.
MS. SLAVIK: Who was that?
DAVID JAMES: Derek Ferguson.
MS. SLAVIK: Was Mr. Ferguson personally responsible for handling reimbursement for hotel supplies?
DAVID JAMES: No, I believe it was below him.
MS. SLAVIK: You described this reimbursement process of submitting receipts and being paid through a check. Were you reimbursed in this manner for all hotel supplies that you replenished?
DAVID JAMES: No, not all.
MS. SLAVIK: For what supplies were you reimbursed differently?
DAVID JAMES: So they'd be more of his personal items, so things like baby oil, Astroglide, condoms, prophylactics.
MS. SLAVIK: How were you reimbursed for those supplies?
DAVID JAMES: I would go to security and ask for cash out of the medicine bag.
MS. SLAVIK: Who instructed you to pay for these sorts of things, baby oil, lubricant, prophylactics in cash?
DAVID JAMES: Bonds told me to do that.
MS. SLAVIK: What was your understanding as to why?
DAVID JAMES: Because Mr. Combs would review the receipts and expenses, and he did not want that stuff ran through the company.
MS. SLAVIK: How did you get the cash used to pay for these sorts of supplies?
DAVID JAMES: Through security directly.
MS. SLAVIK: Who specifically do you remember getting cash from for these supplies?
DAVID JAMES: Bonds.
MS. SLAVIK: Ms. Foster, could you please pull up Government Exhibit 2A-201 that's in evidence.
MS. SLAVIK: Who is this, Mr. James?
DAVID JAMES: That is Roger Bonds.
MS. SLAVIK: And he provided you cash to pay for personal supplies for Mr. Combs?
DAVID JAMES: He did, yes.
MS. SLAVIK: Thank you, Ms. Foster. You can take this down.
MS. SLAVIK: Mr. James, did you interact with Mr. Combs at any point while you were setting up hotel rooms?
DAVID JAMES: Not while setting them up, no.
MS. SLAVIK: When you set up the hotel rooms, did Mr. Combs -- excuse me. After you set up the hotel rooms, did you interact with Mr. Combs?
DAVID JAMES: I did, yes. I always would send him a text and ask him if I could go home for the evening. On a few occasions, he asked me to stick around in the hotel for him to come because he perhaps needed something pulled up on his computer or he needed some other business affair handled for him.
MS. SLAVIK: When you set up these hotel rooms, did Mr. Combs stay in these hotel rooms alone or with others?
DAVID JAMES: I don't think Mr. Combs ever stays alone.
MS. SLAVIK: Who did he stay with?
DAVID JAMES: His girlfriend at the time, mostly Cassie, but other women, as well.
MS. SLAVIK: Now, you said that, generally speaking, you were responsible for replenishing supplies that Mr. Combs required for hotel stays; is that right?
DAVID JAMES: That is correct.
MS. SLAVIK: What about supplies that Mr. Combs wanted during his hotel stays?
DAVID JAMES: There were, on a few occasions, that he would call me to the room to replenish some supplies or ask for a specific thing like an iPod.
MS. SLAVIK: How did Mr. Combs tell you that he wanted something during a hotel stay?
DAVID JAMES: He would send me a text message.
MS. SLAVIK: And generally speaking, what did he text you to bring?
DAVID JAMES: Either an iPod or food.
MS. SLAVIK: Did anything unusual ever happen when you were dropping off items to Mr. Combs in a hotel?
DAVID JAMES: Yes.
MS. SLAVIK: Where was that?
DAVID JAMES: There was one time in Miami.
MS. SLAVIK: Approximately when was this incident?
DAVID JAMES: I believe it was 2008.
MS. SLAVIK: What had Mr. Combs asked for during his hotel stay?
DAVID JAMES: He asked for me to bring an iPod for him to the hotel room.
MS. SLAVIK: What did you do?
DAVID JAMES: So this was a day we had multiple days off, we knew we had multiple days off, so I was running around Miami probably getting a haircut doing personal chores, and he texted me he needed his iPod. So I drove back to the house on Star Island to get his iPod, and it was probably like a 45-minute to an hour time period before I got to the hotel. I knocked on the door to give him his iPad and there was no answer. And so I had a key for the room, I opened up the door --
MS. SLAVIK: Why did you have a key for the hotel room?
DAVID JAMES: Because I set that room up for him a few days prior.
MS. SLAVIK: What did you see when you entered the room?
DAVID JAMES: I saw Cassie on the bed. She had a white comforter up to her neck, she was laying on her back with her head to the side, and she did not move when I entered the room. And there was a gentleman who I had not recognized, he was on the right side of the room, and he walked across the room and kind of scurried away. And I heard a shower on the right side of the room that I thought Mr. Combs was in the shower.
MS. SLAVIK: Starting with Cassie, had you seen Cassie asleep on prior occasions?
DAVID JAMES: I have yes.
MS. SLAVIK: How did those occasions compare to this incident where you saw her in the bed in the hotel room in Miami?
MR. AGNIFILO: I'm going to object to this, Judge.
THE COURT: Can you rephrase the question.
MS. SLAVIK: Of course.
MS. SLAVIK: Mr. James, have you seen Cassie sleeping on prior occasions?
DAVID JAMES: I did, yes. I'd wake them up in the morning.
MS. SLAVIK: How, generally, did Cassie sleep?
DAVID JAMES: She normally slept on her side.
MS. SLAVIK: How was she sleeping when you entered the hotel room in Miami?
DAVID JAMES: On her back.
MS. SLAVIK: What was your reaction to her sleeping on her back?
MR. AGNIFILO: I'm going to object to this, Judge.
THE COURT: That's sustained.
MS. SLAVIK: Mr. James, you said that you saw another individual in the room.
DAVID JAMES: That's correct.
MS. SLAVIK: Can you describe this other person?
DAVID JAMES: He was completely naked, about five-feet eight, long hair, and he had a very large endowment, and he had a condom on.
MS. SLAVIK: What did he do when you entered the room?
DAVID JAMES: He scurried out as if he didn't want to be seen.
MS. SLAVIK: Did Cassie react when you entered the room?
DAVID JAMES: She didn't move at all, no.
MS. SLAVIK: Did you see Mr. Combs in the room?
DAVID JAMES: I did not, no.
MS. SLAVIK: You said you heard the shower going?
DAVID JAMES: That's correct.
MS. SLAVIK: To be clear, who had asked you to come to the hotel room in Miami?
DAVID JAMES: Mr. Combs did.
MS. SLAVIK: Did you speak with Mr. Combs about this incident?
DAVID JAMES: I did not, no.
MS. SLAVIK: Did you speak with Cassie about this incident?
DAVID JAMES: I did not, no.
MS. SLAVIK: Why not?
DAVID JAMES: I just didn't really think it was my business. I mean, I thought they were doing some personal things and just was part of the day, you know, part of the job.
MS. SLAVIK: What do you mean, part of the job?
DAVID JAMES: I mean, I don't really have conversations with Cassie or Mr. Combs about their personal affairs.
MS. SLAVIK: Why not?
DAVID JAMES: That wasn't what I was hired for.
MS. SLAVIK: Mr. James, you mentioned that Mr. Combs had a number of pills in the medicine bag. Can you remind the jury of what sort of drugs were in the medicine bag?
DAVID JAMES: I was familiar with Percocets as well as ecstasy.
MS. SLAVIK: Did you understand that Mr. Combs took Percocets and ecstasy?
DAVID JAMES: I was, yeah.
MS. SLAVIK: How did you know that Mr. Combs took those sorts of drugs?
DAVID JAMES: I witnessed him taking those drugs.
MS. SLAVIK: Were you ever asked to pick up drugs for him?
DAVID JAMES: I was, yes.
MS. SLAVIK: Can you describe the occasions on which you were asked to pick up drugs for him?
DAVID JAMES: We would be in Miami and he told me that I had a prescription at a pharmacy for his Percocets.
MS. SLAVIK: In whose name were the Percocet prescriptions that you picked up?
DAVID JAMES: Sometimes they were in his name, sometimes they were in my name.
MS. SLAVIK: Prior to being asked to pick up these prescriptions, were you aware that Mr. Combs had Percocet prescriptions filled in your name?
DAVID JAMES: I don't remember that.
MS. SLAVIK: Did you give him or anyone else permission to fill prescriptions in your name?
DAVID JAMES: I don't recall that.
MS. SLAVIK: Do you know how else Mr. Combs got drugs?
DAVID JAMES: Through a drug dealer.
MS. SLAVIK: Do you remember the drug dealer's name?
DAVID JAMES: A gentleman named One Stop.
MS. SLAVIK: How frequently did Mr. Combs do drugs, in your observation?
DAVID JAMES: I would say every day.
MS. SLAVIK: Did he do drugs during the day?
DAVID JAMES: He would take Percocets throughout the day.
MS. SLAVIK: You testified previously that one of your responsibilities as a personal assistant was to attend business meetings with Mr. Combs throughout the day. Do you remember that?
DAVID JAMES: I do.
MS. SLAVIK: Did Mr. Combs attend these meetings after taking Percocets?
DAVID JAMES: I would assume so, yes.
MS. SLAVIK: Did Mr. Combs make decisions about business after taking Percocets?
DAVID JAMES: I would assume so, yes.
MS. SLAVIK: Did he conduct the affairs of his business after taking Percocets?
DAVID JAMES: Sure, yes.
MS. SLAVIK: Did Mr. Combs take drugs at night, too?
DAVID JAMES: He did.
MS. SLAVIK: What sort of drugs did he take at night?
DAVID JAMES: At nighttime he would go to more ecstasy.
MS. SLAVIK: And did you observe him taking ecstasy?
DAVID JAMES: I did.
MS. SLAVIK: Can you describe the ecstasy that you saw him taking?
DAVID JAMES: It was a pill.
MS. SLAVIK: What did the pill look like?
DAVID JAMES: There were various pills, but there was one that was in the shape of a former president's face.
MS. SLAVIK: Which former president?
DAVID JAMES: President Obama.
MS. SLAVIK: You testified yesterday that Mr. Combs would often go to the studio at night; is that right?
DAVID JAMES: That's right, yeah.
MS. SLAVIK: Did Mr. Combs take these drugs while he was at the studio?
DAVID JAMES: Yes, of course.
MS. SLAVIK: Mr. James, during your employment with Mr. Combs, were there any occasions on which you secured drugs for Mr. Combs or Mr. Combs's friends?
DAVID JAMES: Yes, there were two occasions that I remember.
MS. SLAVIK: Starting with the first occasion that you remember, can you describe the circumstances of that occasion?
DAVID JAMES: We were in Saint Tropez, I believe, and we were on his yacht. One of his friends texted me that they wanted some cocaine.
MS. SLAVIK: What happened after that?
DAVID JAMES: So I called one of Mr. Combs's handlers who was basically coordinated everything for us in Saint Tropez and asked him for an 8 ball.
MS. SLAVIK: Did this individual provide you with that 8 ball of cocaine?
DAVID JAMES: He did, yes.
MS. SLAVIK: What did you do with it?
DAVID JAMES: I took a tender, which is a small boat, to the other yacht and delivered the cocaine.
MS. SLAVIK: Did Mr. Combs instruct you to do this?
DAVID JAMES: He did not, no.
MS. SLAVIK: Why did you do it?
DAVID JAMES: Because as a personal assistant, your job is to take care of Mr. Combs and his personal friends.
MS. SLAVIK: What was your understanding of what would have happened if you hadn't done it?
MR. AGNIFILO: I'm going to object, Judge.
THE COURT: That's sustained.
MS. SLAVIK: You mentioned another occasion on which you provided drugs to Mr. Combs or his friends?
DAVID JAMES: That's correct.
MS. SLAVIK: What were the circumstances of that occasion?
DAVID JAMES: We were in Los Angeles at a house party, and one of Mr. Combs's associates in the music industry asked Mr. Combs for ecstasy. Mr. Combs did not have any ecstasy on him at the time. And so I -- Mr. Combs told me to go back to the house to get some ecstasy and to bring this gentleman a pill.
MS. SLAVIK: Did you do it?
DAVID JAMES: I did.
MS. SLAVIK: Can you explain how you did it?
DAVID JAMES: I drove back to the house, I got a pill out of the medicine bag, drove back to the house and handed the gentleman a pill.
MS. SLAVIK: And Mr. Combs instructed you to do this?
DAVID JAMES: He did instruct me to do that, yes.
MS. SLAVIK: Mr. James, were there any occasions during your employment with Mr. Combs where you consumed drugs?
DAVID JAMES: There were, yes.
MS. SLAVIK: Can you explain the circumstances of that incident.
DAVID JAMES: There was one time, it was a New Year's Eve party and Mr. Combs gave me the night off, but he invited me to the house to party and to celebrate New Year's Eve. And so I went to Mr. Combs's bag and I took a pill of ecstasy that night.
MS. SLAVIK: Just to stop you right there. Were you staying at Mr. Combs's home during that trip?
DAVID JAMES: I was not, no.
MS. SLAVIK: Where were you staying?
DAVID JAMES: I was staying at a hotel.
MS. SLAVIK: And you said that you took an ecstasy pill from Mr. Combs's bag that night?
DAVID JAMES: That's right.
MS. SLAVIK: Did Mr. Combs offer you the ecstasy?
DAVID JAMES: He did not, no.
MS. SLAVIK: So how did you get it?
DAVID JAMES: I just took it out of his bag and consumed it.
MS. SLAVIK: What happened after you took the ecstasy?
DAVID JAMES: I was feeling pretty good.
MS. SLAVIK: Can you describe the feeling of taking ecstasy?
DAVID JAMES: I would say it's ecstatic.
MS. SLAVIK: Did your behavior change after you took the ecstasy?
DAVID JAMES: It did, yes. So I was also drinking Ciroc that night. So I was drinking and on ecstasy. Normally, I'm very straightedge, don't normally have too much emotion, but this night I was, like, dancing, said I was Diddy bopping all around the party.
MS. SLAVIK: What happened after you started Diddy bopping, as you describe it?
DAVID JAMES: I was just vibing.
MS. SLAVIK: What do you mean by vibing?
DAVID JAMES: I was enjoying myself.
MS. SLAVIK: What happened throughout the course of the night?
DAVID JAMES: There was a certain point after it became midnight, I realized I was very intoxicated, and I knew if I stayed at the house, Mr. Combs would likely forget I had the night off and he would ask me to do certain chores for him or run errands and I was not in the mental state to do that, so I left the house and went back to my hotel.
MS. SLAVIK: What, if any, conversations did you have with Mr. Combs after this incident?
DAVID JAMES: A few days later, we made it back to New York City, we were in the executive office and he called me into his office. He was reviewing footage from the party.
MS. SLAVIK: Can you explain what you mean by footage from the party?
DAVID JAMES: Yeah, so we'd have a videographer who basically recorded everything for his parties, and Mr. Combs was reviewing the footage to see what people were doing at the party, things like that.
MS. SLAVIK: What, if anything, did Mr. Combs say to you about this video?
DAVID JAMES: He was kind of like, I heard about it at first. And he says, yo, playboy, is that you dancing around the party, and I said, yeah, that was me dancing around the party. And he said, were you on ecstasy that night, and I said, yes, sir, I was. And he kind of nodded his head and he said, okay, I want to keep this footage in case I ever need.
MS. SLAVIK: What did you understand Mr. Combs to mean by that?
DAVID JAMES: That, again, because it was so out of character for me that he thought it would be embarrassing if he released that footage of me to the public.
MS. SLAVIK: Mr. James, I want to turn your attention back to Mr. Combs's security detail. You testified yesterday that security staff was responsible for protecting Mr. Combs and his property. Do you remember that?
DAVID JAMES: I do, yes.
MS. SLAVIK: Focusing on their protection of Mr. Combs's property, did there ever come a time during your employment that valuables belonging to Mr. Combs or others went missing?
DAVID JAMES: Yes.
MS. SLAVIK: Do you remember a specific incident involving a Cartier bracelet?
DAVID JAMES: Yes. It was like the love bracelet that Ms. Ventura would wear. One day it came up missing and everybody was really upset, Cassie was really, really emotional and upset about it. Mr. Combs was very upset about it, as well.
MS. SLAVIK: Where were you when this Cartier bracelet went missing?
DAVID JAMES: This was the week I was staying at the hotel, so I was out of the house for this week.
MS. SLAVIK: Do you remember what year it was?
DAVID JAMES: I do not remember. Sometime between 2007 and 2009.
MS. SLAVIK: What happened after the bracelet went missing?
DAVID JAMES: So I was sitting at my hotel with my girlfriend at the time and we get a knock on the door.
MS. SLAVIK: Who was at the door?
DAVID JAMES: Uncle Paulie.
MS. SLAVIK: Can you remind the jury of who Uncle Paulie is?
DAVID JAMES: Uncle Paulie is Mr. Combs's head of security.
MS. SLAVIK: What did Uncle Paulie do after he knocked on your door?
DAVID JAMES: He let me know that he was here for a security check, and he had to look through all of my personal belongings and my girlfriend's personal belongs to make sure we didn't have anything of Mr. Combs's or Cassie's.
MS. SLAVIK: What happened next?
DAVID JAMES: They went through all my clothes, went into all my socks, went into all the drawers in the hotel room, and they didn't find anything.
MS. SLAVIK: Did you feel like you could say no to Uncle Paulie coming into your hotel room to search through your belongings?
DAVID JAMES: No, I did not want to tell Mr. Uncle Paulie no.
MS. SLAVIK: Why not?
DAVID JAMES: Because, I mean, it was a security issue and I don't think you'd want to go against security.
MS. SLAVIK: Why?
DAVID JAMES: They're professionals at their job.
MS. SLAVIK: Any other reasons?
MR. AGNIFILO: Objection, Judge. He gave a reason.
THE COURT: Let's move on.
MS. SLAVIK: Were there any other incidents during your tenure in which valuables went missing?
DAVID JAMES: There were. I had plenty of items stolen from me over my tenure. There were other items that were stolen, as well, from Mr. Combs.
MS. SLAVIK: Focusing on the instances when items were stolen from Mr. Combs, what happened after those incidents?
DAVID JAMES: I was instructed I had to take a lie detector test.
MS. SLAVIK: How many times during your employment did you have to take a lie detector test?
DAVID JAMES: I took two lie detector tests.
MS. SLAVIK: Focusing on the first time you had to take a lie detector test, do you remember what the circumstances were of that first time?
DAVID JAMES: I believe there was cash that came up missing.
MS. SLAVIK: And when in your tenure did this happen, if you remember?
DAVID JAMES: It was within the first year.
MS. SLAVIK: Can you describe to the jury what happened when you were instructed to take a lie detector test?
DAVID JAMES: Yeah. So I was invited to this -- almost looked like a government building, it was kind of a tall skyscraper, and I met with a gentleman who said he was a former FBI lie detector detector, I guess you could call it, and he was the most, you know, specialist lie detector agent in America.
MS. SLAVIK: Who told you that?
DAVID JAMES: The gentleman did.
MS. SLAVIK: The lie detector detector?
DAVID JAMES: Yeah.
MS. SLAVIK: And who told you to go to this office?
DAVID JAMES: That was either Dia -- I think it was Dia.
MS. SLAVIK: Who was Dia again?
DAVID JAMES: Mr. Combs's chief of staff.
MS. SLAVIK: Who was present when the lie detector test was administered?
DAVID JAMES: Just me and this gentleman.
MS. SLAVIK: How would you describe this experience?
DAVID JAMES: It was very intimidating. I don't know if you've ever taken a lie detector test before, but you basically sit in a chair where they monitor your movements, they put a heartbeat monitor on your chest, I believe they put something on my head, and something on my hand.
MS. SLAVIK: And you said that you were invited to take this lie detector test a moment ago. Did you feel like you could refuse to take this test?
DAVID JAMES: Not if I wanted to maintain my employment with the company.
MS. SLAVIK: What was the result of this first lie detector test?
DAVID JAMES: There were no discrepancies in my results and I passed the test.
MS. SLAVIK: You mentioned that there was a second time?
DAVID JAMES: There was, yes.
MS. SLAVIK: What were the circumstances of the second time?
DAVID JAMES: So the second time Mr. Combs had a watch that was stolen from him, it was like a Jacob & Co. watch. And I was actually off that day when the item got stolen, but I got a call from security that someone had stolen the watch or the watch was missing. They asked me if I knew where the watch was, and I said I don't know, I'm at my house on the Upper West Side, I have no idea. And we also had to take a lie detector test about that circumstance, as well.
MS. SLAVIK: Where did you take this lie detector test?
DAVID JAMES: The same location as the first time.
MS. SLAVIK: Was it administered by the same individual?
DAVID JAMES: It was, yes.
MS. SLAVIK: How soon after the first lie detector test was this second lie detector test?
DAVID JAMES: I would estimate like six to eight months. It was a previous amount of time.
MS. SLAVIK: How would you describe this second experience?
DAVID JAMES: I was more nervous the second time, but again, it was extremely intimidating and, you know, I didn't like it.
MS. SLAVIK: Did you feel like you could refuse it?
DAVID JAMES: Not if I wanted to maintain my employment with the company.
MS. SLAVIK: What was the result of this second lie detector test?
DAVID JAMES: In regards to the watch, I cleared that question, there was no discrepancies. The gentleman did say to me, you seem really nervous today. What are you nervous about? Did you take anything from Mr. Combs ever?
MS. SLAVIK: How did you respond?
DAVID JAMES: I told him that I did. I took some Ciroc vodka, for example, from the studio. Or, on occasion, I would take Mr. Combs's jeans that were -- we'd get a box of Sean John clothing, and sometimes I would go and take the jeans that I really liked before Mr. Combs could see them.
MS. SLAVIK: What, if anything, did Mr. Combs say about lie detector tests being administered?
DAVID JAMES: You know, Mr. Combs does not like people who steal, that's like one of his big things, and he basically told me we had to get the rat out of the team.
MS. SLAVIK: Were you aware of other employees having to take lie detector tests?
DAVID JAMES: I was aware a previous employee had to take one at a prior time.
MS. SLAVIK: Who was that?
DAVID JAMES: Capricorn Clark.
MS. SLAVIK: Who told you Ms. Clark had to take a lie detector test?
DAVID JAMES: Roger Bonds.
MS. SLAVIK: Ms. Foster, can you please pull up what's in evidence side-by-side as Government Exhibits 2A-201 and 2A-406.
MS. SLAVIK: Mr. James, can you remind the jury who these individuals are?
DAVID JAMES: The gentleman on the left is Roger Bonds. He was on security. And the woman on the right is Capricorn Clark. At the time, I believe she was the director of marketing for Sean John and she was a former personal assistant to Mr. Combs.
MS. SLAVIK: And Ms. Clark on the right is the one who had to take the lie detector test?
DAVID JAMES: That's right.
MS. SLAVIK: And Mr. Bonds on the left is the one who told you about this incident; is that right?
DAVID JAMES: That's right.
MS. SLAVIK: Thank you, Ms. Foster. You can take that down.
MS. SLAVIK: How did this topic of Ms. Clark taking the lie detector test come up?
DAVID JAMES: So Mr. Combs used to wear a lot of jewelry, obviously, and there was one in particular, it was a diamond chain, a diamond cross on it, and I found a loose diamond around the house. So I took that diamond, I gave it to Mr. Bonds, and I said, hey, Mr. Combs lost a diamond out of his chain, and Roger -- Mr. Bonds told me, he's like, oh, don't worry about it, just cubic zirconia. And I said, really? I was really shocked by that. He told me the story previously --
MR. AGNIFILO: I'm going to object, your Honor, to the hearsay.
MS. SLAVIK: Your Honor, we discussed this issue yesterday.
THE COURT: It's overruled.
MS. SLAVIK: You can continue, Mr. James.
DAVID JAMES: Trying to think where I was. Roger -- Mr. Bonds told me that Capricorn, while she was his assistant, used to carry his jewelry bag -- his jewelry suitcase or briefcase, if you will. At one point, she got jumped and all the jewelry was stolen from him. So at that point they replaced some of the jewelry with fake jewelry.
MS. SLAVIK: And what was your understanding of what Ms. Clark had to do after the jewelry was taken?
DAVID JAMES: She had to take a lie detector test to prove that she wasn't part of the heist, if you will.
MS. SLAVIK: Mr. James, moving on to a different topic.
MS. SLAVIK: Ms. Foster, can you please publish what's in evidence as Government Exhibit 2A-202.
MS. SLAVIK: Do you recognize this individual, Mr. James?
DAVID JAMES: I do.
MS. SLAVIK: Who is this?
DAVID JAMES: That is D-Roc, one of Mr. Combs's security guards.
MS. SLAVIK: You can take this down. Thank you, Ms. Foster.
MS. SLAVIK: Mr. James, I want to focus your attention on an incident involving D-Roc at Mel's Diner. Do you recall a time that you were at Mel's Diner with D-Roc?
DAVID JAMES: I do, yes.
MS. SLAVIK: When was that?
DAVID JAMES: This was I believe November of 2008.
MS. SLAVIK: And can you explain to the jury what Mel's Diner is?
DAVID JAMES: Mel's Diner -- there's a few of them in Los Angeles, it's a famous diner, a 24-hour diner where they serve diner food.
MS. SLAVIK: What happened leading up to you going to Mel's Diner with D-Roc in the fall of 2008?
DAVID JAMES: That night we were at the studio and we were working until late hours in the morning. It was probably 3 or 4 o'clock in the morning by the time we got home. Mr. Combs notified me that he was hungry, he wanted some cheeseburgers. And so D-Roc was also hungry, so D-Roc came with me to get food for other security staff, and we drove down to Mel's Diner together.
MS. SLAVIK: How did you get to Mel's Diner?
DAVID JAMES: I drove the staff truck, which was a silver Lincoln Navigator.
MS. SLAVIK: You drove?
DAVID JAMES: I did, yes.
MS. SLAVIK: And D-Roc was with you in the car?
DAVID JAMES: Yeah, he was sitting shotgun.
MS. SLAVIK: What happened when you got to Mel's Diner?
DAVID JAMES: So we pulled into the parking lot and D-Roc looks over and he said, that's mother fuckin' Suge Knight.
MS. SLAVIK: Can you explain to the jury who Suge Knight is?
DAVID JAMES: Mr. Knight was the chairman of Death Row Records.
MS. SLAVIK: With respect to Mr. Combs, how would you describe that relationship?
DAVID JAMES: They were competitors.
MS. SLAVIK: What did D-Roc do after he saw Suge Knight in the parking lot?
DAVID JAMES: He got out of the car very calmly and he went over to Mr. Knight and said what's up. Suge kind of looked at him, didn't really recognize him. D-Roc said, it's me, D-Roc, Biggie's boy. Then I could kind of see on Suge Knight, he kind of recognized him then. And he said, oh, what are you doing in my city, and D-Roc said, shit, man, I'm just out here gettin' money, you know what it is. And Mr. Knight said, yeah, that's what's up. And they gave each other a dab and he walked away.
MS. SLAVIK: You said that D-Roc described himself as Biggie's boy?
DAVID JAMES: Yes.
MS. SLAVIK: Can you describe to the jury who Biggie is?
DAVID JAMES: He's a musician.
MS. SLAVIK: How did biggy relate to Mr. Combs?
DAVID JAMES: He was on his record label.
MS. SLAVIK: What happened after D-Roc and Mr. Knight greeted each other?
DAVID JAMES: So D-Roc walked back to the car, told me let's go inside, so we went inside to order food.
MS. SLAVIK: What happened next?
DAVID JAMES: While we were waiting for the food -- again, Mel's Diner, if you're familiar with it, everything is glass windows, so you can kind of see outside, and we noticed four black SUVs pull into the parking lot, they all went to different corners of the parking lot. Mr. Knight was standing there in the middle of the parking lot under a light, and so we saw one gentleman get out of the car and he passed a gun to Mr. Knight.
MS. SLAVIK: What was D-Roc's reaction after he saw Suge Knight handling a gun?
DAVID JAMES: He said we got to fucking go.
MS. SLAVIK: Did you go?
DAVID JAMES: I did, yes.
MS. SLAVIK: Where did you go?
DAVID JAMES: We drove back to Mr. Combs's house in Hollywood Hills.
MS. SLAVIK: Who was there when you got back to Mr. Combs's house?
DAVID JAMES: Mr. Combs and Cassie were outside.
MS. SLAVIK: What were they doing?
DAVID JAMES: I could tell they were arguing. Cassie looked very distressed, she was crying, she was telling him not to go. She was very upset.
MS. SLAVIK: What happened next?
DAVID JAMES: So I get out of the car and I walk towards the house, and Mr. Combs instructed me to get in the car. At this time, there was a black Escalade that was outside the house, he instructed me to drive the car.
MS. SLAVIK: Who got into this black Escalade?
DAVID JAMES: Me, D-Roc was sitting shotgun, and Mr. Combs was in the back seat, middle back seat.
MS. SLAVIK: What, if anything, did Mr. Combs have with him in the back seat?
DAVID JAMES: So when I get in the car, I looked back, Mr. Combs had three handguns on his lap.
MS. SLAVIK: What, if anything, did Mr. Combs say to you?
DAVID JAMES: He said mother fucking go.
MS. SLAVIK: What did you do next?
DAVID JAMES: I drove to Mel's Diner.
MS. SLAVIK: What, if anything, did you, D-Roc, and Mr. Combs talk about while you drove?
DAVID JAMES: I don't remember anything. I just remember complete silence.
MS. SLAVIK: What were you thinking?
DAVID JAMES: A few things. First, that I had this weird sense of calm because I drove down previously in a silver Navigator, but this time we had a black Escalade, so I was thinking if anything were to happen they, wouldn't expect us. Two, I remember thinking there's three guns and three people in this car.
MS. SLAVIK: How long did it take you to get to Mel's Diner?
DAVID JAMES: About 10 minutes.
MS. SLAVIK: What happened when you arrived at Mel's Diner?
DAVID JAMES: We didn't see any of the black Escalades in the parking lot.
MS. SLAVIK: So what did you do next?
DAVID JAMES: Mr. Combs instructed me to drive around the block.
MS. SLAVIK: Did you do that?
DAVID JAMES: I did.
MS. SLAVIK: What happened?
DAVID JAMES: We didn't see any black Escalades or black SUVs, and then we eventually drove to the house in Hollywood Hills.
MS. SLAVIK: Mr. James, what was your reaction to this event?
DAVID JAMES: I was really shook up by it, you know, this was the first time being Mr. Combs's assistant that I realized that my life was in danger.
MS. SLAVIK: What decisions, if any, did you make as a result of this incident?
DAVID JAMES: When we got back to New York City, I had a conversation with Vashta in her office, and I let her know that I wanted to leave the company. However, I gave them a six-month notice. I told them that I would train the next personal assistant. So after my tenure if Mr. Combs would have missed me, or need me, I should say. And she offered me any position in the company. She asked me if I wanted to work for Blue Flame Marketing or at Sean John and I told her no, I just wanted to get out.
MS. SLAVIK: When did you leave the company?
DAVID JAMES: May 2009.
MS. SLAVIK: Nothing further, your Honor.
THE COURT: Thank you, Ms. Slavik. Mr. Agnifilo.
CROSS-EXAMINATION BY MR. AGNIFILO:
MR. AGNIFILO: Good morning, Mr. James.
DAVID JAMES: Good morning, sir.
MR. AGNIFILO: My name is Marc Agnifilo. I'm one of Mr. Combs's lawyers. I'm going to ask you a bunch of questions. If I ask you a question that's not clear to you, all you have to do is ask and I'll do that.
DAVID JAMES: Sounds good. Thank you.
MR. AGNIFILO: The testimony you just gave the jury today about the Mel's Diner incident. When you spoke to the government the first time, you didn't tell them all of these things, did you?
DAVID JAMES: The story stopped the first time when we were driving back up to the house.
MR. AGNIFILO: And when you say the story stopped, you're saying what you told the government stopped then?
DAVID JAMES: That's right.
MR. AGNIFILO: Did they tell you they didn't want you to say anymore?
DAVID JAMES: They instructed me not to say anything that would incriminate myself.
MR. AGNIFILO: At the time, you didn't say anything about going back to the house and getting guns or anything like that, right?
DAVID JAMES: That's correct.
MR. AGNIFILO: The first time, I want to understand the first time. The first time you said you and D-Roc were at the diner, in the diner, right?
DAVID JAMES: Yes.
MR. AGNIFILO: And you said the first time that you and D-Roc were in the diner and Suge Knight walked into the diner?
DAVID JAMES: I don't recall saying that.
MR. AGNIFILO: Let me help you out. I'm going to show you, just for you, the parties, and the witness 3548-001, page 3, I think it's the second full paragraph. Here's what I'm going to ask you to do: I'm going to ask you to read that paragraph to yourself. When you're done reading the paragraph, just look up at me.
(Pause)
DAVID JAMES: Okay.
MR. AGNIFILO: Just a couple questions for you. So the first time you spoke to the government, January 10th, 2024, you said that you and D-Roc were inside the diner, right?
DAVID JAMES: I don't remember saying that.
MR. AGNIFILO: Can we pull that up. I want to be able to see it again. Just pull it up for the witness. A. I don't recall that we were inside eating dinner because we never were inside eating dinner, so I think those are inaccurate notes.
MR. AGNIFILO: Do you remember telling the agent that Suge Knight walked into the diner?
DAVID JAMES: I don't recall saying that, no.
MR. AGNIFILO: And you said that D-Roc --
THE COURT: We can take this down?
MR. AGNIFILO: Yeah, we can take it down.
MR. AGNIFILO: That D-Roc went to speak to Suge Knight, correct?
DAVID JAMES: And that was outside the diner, yes.
MR. AGNIFILO: So the second time you spoke to the government --
MR. AGNIFILO: And we can look at 3548-007, pages 9 and 10, and I think it's on the bottom of 9 going into 10.
MR. AGNIFILO: So the second time you spoke to them, you were clear that this happened outside the diner; am I right?
DAVID JAMES: That what happened outside the diner?
MR. AGNIFILO: The conversation between D-Roc and Suge Knight.
DAVID JAMES: It did happen outside the diner, yes.
MR. AGNIFILO: And what you're saying that you heard, what you told the jury that you heard is that D-Roc says to you something like, oh, that's Suge Knight, right?
DAVID JAMES: He said, yeah, that's mother fucking Suge Knight.
MR. AGNIFILO: Do you know who Suge Knight was when he said that?
DAVID JAMES: Of course.
MR. AGNIFILO: Why do you say of course, just so we all understand?
DAVID JAMES: I grew up listening to hiphop.
MR. AGNIFILO: You say Suge Knight was associated with a company called Death Row Records?
DAVID JAMES: That's right, yeah.
MR. AGNIFILO: And Death Row Records was a record label that was in competition, as you said, with Bad Boy?
DAVID JAMES: That's right.
MR. AGNIFILO: And so D-Roc approaches Suge Knight, correct?
DAVID JAMES: He did, yeah.
MR. AGNIFILO: Outside the diner?
DAVID JAMES: That's right.
MR. AGNIFILO: And where are you when D-Roc is approaching Suge Knight?
DAVID JAMES: I'm in the driver seat of the car.
MR. AGNIFILO: You're sitting in the car?
DAVID JAMES: Yes, the silver Navigator.
MR. AGNIFILO: Do you remember what kind of vehicle Suge Knight had?
DAVID JAMES: It was a black SUV.
MR. AGNIFILO: It wasn't red?
DAVID JAMES: Not that I remember.
MR. AGNIFILO: It wasn't a pickup truck?
DAVID JAMES: Not that I recall.
MR. AGNIFILO: Let me ask you, do you recall, are you clear on these events?
DAVID JAMES: The majority of the event has not changed. These details of 20 years ago --
MR. AGNIFILO: No, I'm not asking that. What time of the morning is it?
DAVID JAMES: It was 4 o'clock in the morning after a long day of working.
MR. AGNIFILO: Let me ask you a few questions around that. It's 4 o'clock in the morning, you've been working all day, right?
DAVID JAMES: Sure.
MR. AGNIFILO: Where were you before you came to the diner?
DAVID JAMES: With Mr. Combs in the studio.
MR. AGNIFILO: And with D-Roc, as well?
DAVID JAMES: Yeah, he was security detail that night, yes.
MR. AGNIFILO: Were you drinking anything, smoking any pot, doing any drugs at all, anything at all?
DAVID JAMES: No, sir.
MR. AGNIFILO: You're sure?
DAVID JAMES: 100 percent sure.
MR. AGNIFILO: So your mind is clear, it's early in the morning, it's been a long day, but you're saying your mind is clear for these events, right?
DAVID JAMES: As clear as it could be after working 20 hours a week at 4 o'clock in the morning. I'm sure you could relate to that.
MR. AGNIFILO: So you see and you hear D-Roc speaking to Suge Knight, right?
DAVID JAMES: Yes.
MR. AGNIFILO: And you heard what he said clearly?
DAVID JAMES: Yeah, they were probably three parking spaces away from each other. It wasn't a very big space.
MR. AGNIFILO: Let me just see if I have this right. D-Roc is getting out of the car you were all in, right, he opens his passenger door because you said he was riding shotgun, right?
DAVID JAMES: That's correct.
MR. AGNIFILO: So he gets out, and tell me if this is right, Suge Knight is in a car a few parking spots over, he's in the driver side, so he gets out of his driver side door, right?
DAVID JAMES: Mr. Knight did not exit the vehicle at that time. He was sitting in the car with the window open. D-Roc approaches him and he looks over and he looks up at him.
MR. AGNIFILO: So Suge Knight is still in the car, in his car?
DAVID JAMES: That's right.
MR. AGNIFILO: His window's open?
DAVID JAMES: That's right.
MR. AGNIFILO: D-Roc approaches the open window, right?
DAVID JAMES: Yeah.
MR. AGNIFILO: Addresses Suge Knight, you can hear this and see this?
DAVID JAMES: Yeah.
MR. AGNIFILO: And says -- tell the jury exactly what he says.
DAVID JAMES: Who?
MR. AGNIFILO: D-Roc.
DAVID JAMES: He said what's up — D-Roc. First he said, what's up, and Suge Knight is kind of looking at him, didn't recognize who he was. Next, he said, it's me, D-Roc, Biggie's boy. At that point, I could see kind of Suge Knight recognizing him. He said, oh, what's up, what you doing in my city. And D-Roc said, shit, man, we're just out here getting money, you now what it is. Mr. Knight said, you know, he gave him a dab and he said, yeah, I know what it is, he gave him a dab. And then D-Roc left or walked -- turned around and walked back to the car.
MR. AGNIFILO: And what's a dab?
DAVID JAMES: A dab is a handshake.
MR. AGNIFILO: So they shake hands?
DAVID JAMES: Yeah, it was a handshake, yeah.
MR. AGNIFILO: And you're in the silver SUV for this whole thing?
DAVID JAMES: It was a Lincoln Navigator, yes.
MR. AGNIFILO: So you're in a silver Navigator?
DAVID JAMES: That's right.
MR. AGNIFILO: You're hearing this, what, because the door is open, the window?
DAVID JAMES: The window was open, yes.
MR. AGNIFILO: Was the passenger door closed?
DAVID JAMES: I don't recall that detail.
MR. AGNIFILO: But you heard it and you heard it clearly?
DAVID JAMES: Very clearly, yes.
MR. AGNIFILO: So then D-Roc comes back to you, right?
DAVID JAMES: Uh-huh.
MR. AGNIFILO: You have to answer yes or no so he can write it down.
DAVID JAMES: Yes.
MR. AGNIFILO: And what happens then?
DAVID JAMES: We walked into Mel's Diner to order the food, the takeout food.
MR. AGNIFILO: Were you worried?
DAVID JAMES: I was not worried that time. I saw Mr. Knight before at events, didn't think it was an issue, seemed to be a very friendly back and forth between the two, so I was not concerned.
MR. AGNIFILO: You were not worried. Then you and D-Roc went into the diner, correct?
DAVID JAMES: That's right.
MR. AGNIFILO: Did you leave D-Roc at the diner?
DAVID JAMES: No, I did not leave D-Roc at the diner.
MR. AGNIFILO: You're smiling and laughing, why?
DAVID JAMES: I mean, that's a crazy statement.
MR. AGNIFILO: Yeah?
DAVID JAMES: Yeah.
MR. AGNIFILO: Why is it crazy?
DAVID JAMES: Why would you leave D-Roc at a diner when you saw a gun being passed? I don't understand that.
MR. AGNIFILO: I'm asking you that exact question.
DAVID JAMES: No, me and D-Roc got back in the car and drove back to the Hollywood Hills.
MR. AGNIFILO: Are you sure about that?
DAVID JAMES: 100 percent.
MR. AGNIFILO: You didn't leave D-Roc alone at the diner?
DAVID JAMES: No, sir.
MR. AGNIFILO: So D-Roc is -- when is the last time you spoke to D-Roc?
DAVID JAMES: Probably around my employment time.
MR. AGNIFILO: You haven't spoken to him since, what, 2010?
DAVID JAMES: Some point maybe after I left, him and his wife were doing like a fashion label, I think it was called Invisible Bully, and I probably talked to D-Roc after that, yeah.
MR. AGNIFILO: So you didn't leave D-Roc and go back to the house by yourself?
DAVID JAMES: No, that doesn't make any sense, sir.
MR. AGNIFILO: I'm not asking if it makes sense, I'm asking if you did it.
DAVID JAMES: No, sir.
MR. AGNIFILO: And you went back to the house when Sean Combs and D-Roc had conversation and Sean Combs had to go pick D-Roc up at that same location?
MS. SLAVIK: Objection.
THE COURT: It's overruled.
DAVID JAMES: I was driving the car, sir, and it was me, D-Roc was to my right, Mr. Combs was in the middle seat. It was the three of us driving back.
MR. AGNIFILO: I heard you.
DAVID JAMES: I'm just clarifying.
MR. AGNIFILO: So let me ask you a you few more questions. So what you're saying is that you and D-Roc go back to Mr. Combs's house, right?
DAVID JAMES: That's right.
MR. AGNIFILO: And you're driving?
DAVID JAMES: That's right, the silver Lincoln Navigator.
MR. AGNIFILO: So tell me everything, because you weren't drinking that night, you weren't doing any drugs that night?
DAVID JAMES: That's right.
MR. AGNIFILO: They'll me everything that happened when you got back to the house?
DAVID JAMES: What I could remember is when we got back to the house, I saw Mr. Combs and Cassie outside arguing --
MR. AGNIFILO: Let's stop right there for a second. Where outside?
DAVID JAMES: It was in the street. If you're familiar with Mr. Combs's residence, he had like a wall and there was like a street, they were in the road.
MR. AGNIFILO: So you saw Cassie in the road?
DAVID JAMES: That's correct.
MR. AGNIFILO: How far from the house was Cassie in the road?
DAVID JAMES: 40 feet, 50 feet. It was pretty close.
MR. AGNIFILO: I'm sorry. I didn't hear you. 4 feet?
DAVID JAMES: 50 feet. It was close.
MR. AGNIFILO: Close to the house, but in the road?
DAVID JAMES: That's right.
MR. AGNIFILO: Which house is this?
DAVID JAMES: The one in Hollywood Hills.
MR. AGNIFILO: You said you saw Cassie in the street with Mr. Combs?
DAVID JAMES: Yup.
MR. AGNIFILO: And you see them in the street arguing, right?
DAVID JAMES: That's correct.
MR. AGNIFILO: And what happens next?
DAVID JAMES: There was a black Escalade. So at that house, there's a driveway that's right there also by the road, and there was a black Escalade basically parked right there. It looked like it was ready to go. It was pointed out towards the road. I get out of the car to walk into the house and Mr. Combs instructed me to get into the car and drive.
MR. AGNIFILO: And where were you and Mr. Combs when he instructed you to get into the car and drive?
DAVID JAMES: In the road.
MR. AGNIFILO: Now, you had gone back to the house in a silver Lincoln Navigator right?
DAVID JAMES: That's right.
MR. AGNIFILO: But when you left the house, you were not in a silver Lincoln Navigator, right?
DAVID JAMES: A black Escalade, that's right.
MR. AGNIFILO: And who made the decision to change cars?
DAVID JAMES: Mr. Combs.
MR. AGNIFILO: You didn't tell us about that conversation. Tell us about that.
DAVID JAMES: There was no conversation. It was what it was. It was A black Escalade, he told me to get in the car, and I get in the car.
MR. AGNIFILO: Did you come in the house?
DAVID JAMES: I did not, no.
MR. AGNIFILO: So you didn't come in the house and you didn't see what, if anything, he did in the house?
DAVID JAMES: No.
MR. AGNIFILO: Give me a second.
MR. AGNIFILO: So you never went into the house?
DAVID JAMES: I'm sorry. I don't understand.
MR. AGNIFILO: Let me ask a more specific question. You're saying when you and D-Roc came back from Mel's Diner and came back to the area where Mr. Combs lived, Mr. Combs and Cassie were outside, right?
DAVID JAMES: That is what I remember, yes.
MR. AGNIFILO: And so you did not go into the house?
DAVID JAMES: That is correct.
MR. AGNIFILO: You stayed outside the whole time?
DAVID JAMES: Well, they were outside and I was walking towards the house to go back to my room, which was in the house, I was staying at the house. Before I got to the house, Mr. Combs told me to get in the car to drive away, to go back to Mel's Diner essentially.
MR. AGNIFILO: So let's talk about that part. So you get to the house, you see Mr. Combs and Ms. Ventura arguing outside, right?
DAVID JAMES: Yes.
MR. AGNIFILO: And then you go where?
DAVID JAMES: I'm sorry?
MR. AGNIFILO: You said you were headed back out to the house to go to your room? Did I not understand that right?
DAVID JAMES: I don't understand what you're asking me.
MR. AGNIFILO: After you saw Mr. Combs and Ms. Ventura arguing, what did you do?
DAVID JAMES: I got out of the car, and then as I got out of the car, Mr. Combs turned to me, he said, get in the car, pointing towards the black Escalade, and so I got in the car.
MR. AGNIFILO: So you never walked toward the house?
DAVID JAMES: Of course I walked towards the house. I got out of the car to walk towards the house, sir.
MR. AGNIFILO: I'm trying to understand your movements. So you get out of this silver car?
DAVID JAMES: Yup.
MR. AGNIFILO: You walk towards the house, right?
DAVID JAMES: That's right.
MR. AGNIFILO: Where did you park the silver car?
DAVID JAMES: Out front of the house.
MR. AGNIFILO: And how far from Mr. Combs and Ms. Ventura did you park the silver car?
DAVID JAMES: Relatively close, probably the distance between me and you.
MR. AGNIFILO: And you got out of the silver car and did you walk toward Mr. Combs and Ms. Ventura?
DAVID JAMES: I was going back into the house. I thought the night was over and I was going back to my room.
MR. AGNIFILO: Did you tell Mr. Combs what had just happened?
DAVID JAMES: I don't recall telling him that, no.
MR. AGNIFILO: Did you tell Ms. Ventura what just happened?
DAVID JAMES: I never talked to Cassie that night, no.
MR. AGNIFILO: And so you're on your way back to the house, but Mr. Combs says, get back in the car, we're going back, right?
DAVID JAMES: That's right.
MR. AGNIFILO: And then he gets in the car, right?
DAVID JAMES: That's right.
MR. AGNIFILO: And you're saying that you, D-Roc, and Mr. Combs are in the car?
DAVID JAMES: That's correct.
MR. AGNIFILO: And you looked back and you see three guns?
DAVID JAMES: Yes.
MR. AGNIFILO: On Mr. Combs's lap?
DAVID JAMES: That's correct.
MR. AGNIFILO: And so between the time that you arrived at the house and the time that Mr. Combs and you got into the black car, you didn't see Mr. Combs go back into the house, right?
DAVID JAMES: I did not, no.
MR. AGNIFILO: So that would mean he had three guns on his person when you got to the house, right?
DAVID JAMES: I guess that's the assumption, that's correct, yes.
MR. AGNIFILO: But you didn't see where he got these three guns?
DAVID JAMES: I was unaware we had guns in the camp until that exact moment. I never saw guns.
MR. AGNIFILO: So now you're in a black -- what kind of black car was it?
DAVID JAMES: It was an Escalade.
MR. AGNIFILO: You were in a black Escalade driving?
DAVID JAMES: Yes.
MR. AGNIFILO: With D-Roc in the front passenger seat?
DAVID JAMES: Yes.
MR. AGNIFILO: And Sean Combs in the back seat with three guns on his lap, right?
DAVID JAMES: That's right.
MR. AGNIFILO: Have you ever remotely been in a situation like this before in your life?
DAVID JAMES: No.
MR. AGNIFILO: Are you saying, I don't want to go with three guns to approach Suge Knight and four Escalades of people at Mel's Diner, do you say anything like that?
DAVID JAMES: We didn't really have a conversation about it. We were executing.
MR. AGNIFILO: You were executing?
DAVID JAMES: Yeah.
MR. AGNIFILO: And what you're saying, what you're telling this jury you're executing is you are executing a potential shooting, right?
MS. SLAVIK: Objection.
THE COURT: That's overruled.
MR. AGNIFILO: What are you going there to do, sir?
DAVID JAMES: I was there to drive the car.
MR. AGNIFILO: You were there to drive the car. You told this jury, I think you said three people in the car, three guns, right?
DAVID JAMES: That's right.
MR. AGNIFILO: I want to back up for a second. Before you worked with Mr. Combs, what did you do for a living?
DAVID JAMES: I was an executive assistant.
MR. AGNIFILO: What kind of work did you do as an executive assistant?
DAVID JAMES: As an executive assistant, you answer the phone, you make appointments, you roll calls, you attend meetings and take notes.
MR. AGNIFILO: And we're going to get to it in a lot more detail. You described the kind of work you did with Mr. Combs's companies, right, which was, you know, organization, things like that, executive support, right?
DAVID JAMES: Correct.
MR. AGNIFILO: Before you had this other job where you were answering phones and making appointments, what kind of work did you do?
DAVID JAMES: My first job out of school I was a door-to-door salesman at a company called SID Corp..
MR. AGNIFILO: And you are now in a black Escalade with two other men and three guns going to confront somebody, that's what you're telling us, right?
DAVID JAMES: Yes. It was not ideal.
MR. AGNIFILO: It was not ideal. And you didn't say a thing?
DAVID JAMES: I didn't, honestly. Respectfully, sir, you have someone with three guns that in close proximity, I didn't think I had the option to say something.
MR. AGNIFILO: And so you're driving this car, what you're saying is you're driving this car with D-Roc and Sean Combs in it looking for Suge Knight and you go down, you're driving to the diner, right?
DAVID JAMES: That's correct.
MR. AGNIFILO: You don't need directions on how to get to the diner, you know how to get there, right?
DAVID JAMES: I frequent Mel's all the time.
MR. AGNIFILO: And you are going there, you said nothing was said in the car, right?
DAVID JAMES: I don't remember anything. It was complete silence.
MR. AGNIFILO: And so what you told the jury you were doing is you were executing the mission, right?
DAVID JAMES: I was doing what I was told.
MR. AGNIFILO: I think what you said was something about executing a plan or a mission. Do you remember that?
DAVID JAMES: I think those are the same things. But yes, I was executing my command I was given.
MR. AGNIFILO: You were executing your command?
DAVID JAMES: That's right, that Mr. Combs commanded me to do.
MR. AGNIFILO: I understand. And so what Mr. Combs commanded you to do was to get into this car with D-Roc with three guns. You've never seen guns before, right?
DAVID JAMES: Not with Mr. Combs.
MR. AGNIFILO: This isn't the kind of thing where you see guns from time to time, right?
DAVID JAMES: That's correct.
MR. AGNIFILO: And this is, fair to say, a radical departure in your job responsibilities; is that an understatement?
DAVID JAMES: That is the understatement of the day so far.
MR. AGNIFILO: So far, we might have others, but that's the one of the day?
DAVID JAMES: Yeah.
MR. AGNIFILO: And I want to get back to the first time you spoke to the government.
DAVID JAMES: Okay.
MR. AGNIFILO: You didn't tell them any of this other part, right?
DAVID JAMES: That's correct.
MR. AGNIFILO: And you told them this other part only the second time that you spoke to them, right?
DAVID JAMES: After I had legal counsel, yes, sir.
MR. AGNIFILO: Have they given you some type of immunity?
DAVID JAMES: I'd have to ask my lawyer that question. I don't -- there was like a pre-offer agreement or something like that.
MR. AGNIFILO: A proffer agreement.
DAVID JAMES: Thank you.
MR. AGNIFILO: Did they ever say you're not going to get in trouble for this?
MS. SLAVIK: Objection.
THE COURT: Overruled.
DAVID JAMES: My lawyer said I have no legal visibility --
MS. SLAVIK: Objection, your Honor.
MR. AGNIFILO: Let me specify one thing. I don't want to know anything about what you and your lawyer talked about. I'm only really talking about your understanding, and the reason I'm doing that is because when I was asking you questions to begin with, you said that something was said and then you went back and you added to the story. I'm trying to understand what your understanding is about what, if any, protections you have from the story that you're telling.
DAVID JAMES: I'm not sure.
MR. AGNIFILO: You don't know. All right. Now, you left Combs's employment about how long after this? About a year or so?
DAVID JAMES: Six months.
MR. AGNIFILO: Did you ever tell anybody about this?
DAVID JAMES: I did not, no.
MR. AGNIFILO: You never told anyone about it?
DAVID JAMES: I think I've told my wife over the years, yes, at the time. And, I mean, security was aware of it, but I didn't tell the office or any of the media or anything like that.
MR. AGNIFILO: Other than your wife, you didn't tell anybody?
DAVID JAMES: It's not something I'd discuss.
MR. AGNIFILO: And the first time you ever told anyone about it is you told the government about it, what, earlier this year, right?
DAVID JAMES: I was asked the question and I responded to the question.
MR. AGNIFILO: Did you meet with the government at all this morning?
DAVID JAMES: What do you mean?
MR. AGNIFILO: I don't know how to ask any more clearer. Did you speak to the prosecutors at all this morning?
DAVID JAMES: Very briefly, yes.
MR. AGNIFILO: What did you guys talk about?
DAVID JAMES: Potentially what could come up in cross.
MR. AGNIFILO: Did you talk about the Mel's Diner incident?
DAVID JAMES: We did not, no.
MR. AGNIFILO: Not at all?
DAVID JAMES: Not that I recall.
MR. AGNIFILO: When you say not that you recall, I'm asking you to recall things from today.
DAVID JAMES: I understand that.
MR. AGNIFILO: So I asked you if you talked to the prosecutors about the Mel's Diner incident and your answer is not that I recall?
DAVID JAMES: To be honest, I was more focused on my own, trying to jog my own memory. I don't exactly remember what our conversation was this morning.
MR. AGNIFILO: Where and when was this conversation?
DAVID JAMES: About 8:45 in the room there across the hall. It was a very brief conversation.
MR. AGNIFILO: Who was there?
DAVID JAMES: Ms. Christy, my lawyer.
MR. AGNIFILO: So your lawyer's here?
DAVID JAMES: That's correct.
MR. AGNIFILO: And what did you guys talk about? Let me be very clear. I don't want to know anything about you and your lawyer without anyone else in the room. That I am not asking about. Do you understand that?
DAVID JAMES: Yes.
MR. AGNIFILO: I'm only asking you conversations where the prosecutor or someone other than your lawyers in the room, what you guys talked about.
DAVID JAMES: Your style.
MR. AGNIFILO: Fair enough. How did I do?
DAVID JAMES: It's consistent.
MR. AGNIFILO: Good. I'm dying to ask you what they said, but I'm not going to. Anything come up about Mel's Diner, anything at all?
DAVID JAMES: I honestly don't remember. It's such a flash. This whole thing is, you know, I just don't remember, sir. I'm sorry.
MR. AGNIFILO: Did they say to you, did the prosecutors say to you or your lawyer in the prosecutors' presence say to you, you're going to get questioned on the events around Mel's Diner?
DAVID JAMES: I think they were talking about there could be some -- you would call up some inconsistencies, the things that changed over time. She didn't say it's specifically about Mel's Diner or another issue, but yes, she was aware you were going to call out my inconsistencies.
MR. AGNIFILO: They spoke to you at 8:45 today about the fact that there might be inconsistencies in your testimony brought out on cross?
DAVID JAMES: Sure.
MR. AGNIFILO: Who brought that up?
DAVID JAMES: I believe that was Christy.
MR. AGNIFILO: The prosecutor, one of the prosecutors, right?
DAVID JAMES: That's correct.
MR. AGNIFILO: What did she say?
DAVID JAMES: I don't know the exact quote, but recapping what I just said, it was consistent to that.
MR. AGNIFILO: And you're saying you don't remember if these questions, these issues with inconsistency related to Mel's Diner, that's what you're telling me, right?
DAVID JAMES: That is correct, I don't remember exactly.
MR. AGNIFILO: You don't remember?
DAVID JAMES: There were other inconsistencies in my testimony, I don't remember exactly what we were talking about, but, you know, it was very natural to have inconsistencies.
MR. AGNIFILO: Thank you.
DAVID JAMES: You're welcome.
MR. AGNIFILO: My question, though, I'm really trying to focus you on the Mel's Diner thing, and I understand you're saying you don't remember, but now you remember there were questions about inconsistencies?
DAVID JAMES: That I do remember, yes.
MR. AGNIFILO: Did anyone say to you there's going to be -- you're going to be confronted with inconsistencies about Mel's Diner?
MS. SLAVIK: Your Honor, this has been asked and answered.
THE COURT: Let's move it along. I'll overrule the objection, but let's try to speed things up.
MR. AGNIFILO: Do you remember?
DAVID JAMES: I don't have a clear memory of that, no. I'm sorry.
MR. AGNIFILO: Just so we're clear, this meeting was not even two hours ago, right?
DAVID JAMES: Yeah.
MS. SLAVIK: Objection.
THE COURT: It's overruled. But Mr. Agnifilo --
MR. AGNIFILO: I'm getting there.
MR. AGNIFILO: You are telling this jury about things that happened in 2009, right?
DAVID JAMES: To the best of my ability, yes.
MR. AGNIFILO: Which is why I asked you when we started, do you have a clear recollection of the events around Mel's Diner. Do you remember that question?
DAVID JAMES: I don't remember you asking me that, no.
MR. AGNIFILO: And you are saying, and I'm going to ask this again, I apologize, you did not leave D-Roc there?
DAVID JAMES: I absolutely did not leave D-Roc there, no.
MR. AGNIFILO: You're sure?
DAVID JAMES: 100 percent sure. We drove back together to the house.
MR. AGNIFILO: And you have a clear memory of that?
DAVID JAMES: I do.
MR. AGNIFILO: And when you drove back with D-Roc to the house, which is what you're telling the jury you did, you got out of the car, right, and where was D-Roc?
DAVID JAMES: I don't recall. I believe he was out the car, as well, but I don't remember that detail.
MR. AGNIFILO: And you are certain, I just want to make sure, you are certain that when you saw Cassie and Mr. Combs, they were both outside of the house?
DAVID JAMES: That is what I remember, yes. I am certain about what I remember.
MR. AGNIFILO: You're certain about what you remember?
DAVID JAMES: In regards to that, it's a pretty core memory, yes.
MR. AGNIFILO: I have a few much more mundane questions for you.
DAVID JAMES: I love mundane questions.
MR. AGNIFILO: So when you were testifying yesterday, you're saying that your responsibilities, and I hope I have this right, were to ensure that Mr. Combs could operate as a chairman to perform his duties most efficiently, correct?
DAVID JAMES: That was correct.
MR. AGNIFILO: And that is really, that is your core responsibility, is that right, when you were working with Mr. Combs?
DAVID JAMES: The word core responsibility is a tough one.
MR. AGNIFILO: That was a large aspect of what you were supposed to be doing?
DAVID JAMES: That's right.
MR. AGNIFILO: And at the time, if you remember, Mr. Combs was operating Sean John, the fashion line?
DAVID JAMES: Yup.
MR. AGNIFILO: And Bad Boy, the record label, right?
DAVID JAMES: That's right.
MR. AGNIFILO: And Ciroc, was he doing Ciroc at the time?
DAVID JAMES: He started that relationship while I was with him, but yes.
MR. AGNIFILO: And he was a brand ambassador. Does that sound right for Ciroc?
DAVID JAMES: I understood it as he had a big influence in their marketing, and he had an ownership stake in the company, I believe.
MR. AGNIFILO: Was there a fragrance line at the time?
DAVID JAMES: Sean John Forgivable, I believe.
MR. AGNIFILO: So there's a fashion part and then a fragrance part?
DAVID JAMES: That's right.
MR. AGNIFILO: And let me ask you, let's back up a second, why did you want to work for Sean Combs?
DAVID JAMES: Growing up I was -- well, I mean, how long do we have? That could be a good answer. But I was a fan of Sean John specifically. I wore Sean John very early on, and I remember one day I was studying abroad in London and I was wearing a Sean John sweater. This was early, really early on, probably 2004, and there were people coming up to me, like, oh, where did you get that Sean John from, you know, because at that point there was not a lot of international distribution. And I understood the global reach of urban fashion, I was very interested in that. And so Mr. Combs, Sean John, I was a fan of the brand and that's why I wanted to work for him.
MR. AGNIFILO: And you believed in the product, right?
DAVID JAMES: 100 percent.
MR. AGNIFILO: And did you know anything about Mr. Combs individually?
DAVID JAMES: Yes.
MR. AGNIFILO: And things that made you want to work there I'm really asking.
DAVID JAMES: Yeah, that he was very successful, he was self-made, that he's a brilliant marketer. And yeah, I thought it would be a great opportunity to have someone like that to work for.
MR. AGNIFILO: And you mentioned that he's self-made. How is that an attractive quality for you?
MS. SLAVIK: Objection.
THE COURT: It's overruled.
DAVID JAMES: I just respect Mr. Combs from a business perspective.
MR. AGNIFILO: And before interviewing, did you do sort of like your homework, your research into Mr. Combs and his companies?
DAVID JAMES: Sure.
MR. AGNIFILO: And you knew going in this was going to be a really tough job, right?
DAVID JAMES: Yes.
MR. AGNIFILO: And tell me if this is right: You would have known, had you done your research and your homework, that Mr. Combs was a very, very hard worker, you would have known that, right?
DAVID JAMES: Absolutely.
MR. AGNIFILO: And you would have known going in that to perform the function that you wanted to perform, basically to keep this CEO, this chairman working as efficiently as possible, you yourself would have to work very, very hard as well, right?
DAVID JAMES: Yeah. I'm not afraid to work hard.
MR. AGNIFILO: I have no doubt because you wanted to work there at a very, very busy time in Mr. Combs's lives and the lives of his businesses, correct?
DAVID JAMES: That's correct.
MR. AGNIFILO: So you knew this was going to be very long hours, right?
DAVID JAMES: I assumed, sure. I don't have an issue with the hours.
MR. AGNIFILO: So we're going to come back to some of this. So I want to understand a little bit more, because you talked quite a bit about this yesterday and I have just a couple of followup things for you. You traveled with Mr. Combs pretty regularly I think you said yesterday, right?
DAVID JAMES: Absolutely.
MR. AGNIFILO: International travel, domestic travel?
DAVID JAMES: That's correct.
MR. AGNIFILO: Do you remember where you went internationally, just a few places?
DAVID JAMES: Ibiza, Saint Tropez, Morocco, London.
MR. AGNIFILO: Are these business trips or personal vacations?
DAVID JAMES: That's a fine line to determine that, but I'd say these are more business-oriented trips.
MR. AGNIFILO: What made them business oriented?
DAVID JAMES: Well, I guess in Saint Tropez he was there going on vacations, so I guess that isn't a business trip necessarily. I mean, everything -- but -- so, for example, you could call it a personal trip. We're in Saint Tropez on a yacht, and he flew in Estée Lauder on a helicopter to determine different fragrance notes for his fragrances. So Mr. Combs's lives blended daily through business and personal. It was kind of one consistent theme. Even if he's on vacation, he's always working.
MR. AGNIFILO: So tell me if this is right: The idea is he's in this beautiful place and he's bringing in his business contacts to this business place with him?
DAVID JAMES: That's right.
MR. AGNIFILO: And that's part of how he did business, right?
DAVID JAMES: Absolutely.
MR. AGNIFILO: And you and Mr. Combs and others went to many beautiful places?
DAVID JAMES: Sure.
MR. AGNIFILO: I'm not trying to trick you.
DAVID JAMES: Beautiful is I guess, you know --
MR. AGNIFILO: In the eye of the beholder, as they say?
DAVID JAMES: That's right.
MR. AGNIFILO: And so domestically, where did you travel domestically? I imagine quite a bit.
DAVID JAMES: So our major places we'd go to was Atlanta, Miami, Los Angeles, New York City, Sundance Film Festival multiple times.
MR. AGNIFILO: I think you said yesterday that you would be at his house before he woke up every day?
DAVID JAMES: That's correct.
MR. AGNIFILO: And the idea is — and tell me if this is right — you would have a folder of relevant business documents for him to review?
DAVID JAMES: That's correct.
MR. AGNIFILO: And that's really how he started his day, from what you could see and what did yourself, right?
DAVID JAMES: Especially in New York. It was more business oriented in New York. If we were in Miami, it was a little more laid back and casual, but I necessarily have a folder every day in Miami. But if there's an issue we had to have approval on, then yes, it would certainly be that morning's folder.
MR. AGNIFILO: So let's talk about New York, sort of typical. You worked for two years for Mr. Combs, correct?
DAVID JAMES: Yes.
MR. AGNIFILO: And that's what, part of 2007, 2008 into 2009, does that sound right?
DAVID JAMES: Yeah, May 2007 to May 2009.
MR. AGNIFILO: You said that there'd be a folder with all of the contracts, proposals, agreements for him to review and approve. Does that sound right?
DAVID JAMES: I don't necessarily remember contracts necessarily, but it was more like: Lizzo is coming out with an album, the artwork needs to be approved; Mr. Combs just had a fashion shoot with Sean John, this is where the logo is going to go on the paper. So there was no decision made with his businesses without him giving the final word. It was a very vast and a lot of businesses happening at once. So yes, he was very involved with his businesses.
MR. AGNIFILO: Marketing, advertising, all that stuff?
DAVID JAMES: That's right.
MR. AGNIFILO: He reviewed all that stuff?
DAVID JAMES: Absolutely.
MR. AGNIFILO: So even though he had people working probably in more specialized roles to deal with that, he dealt with it all himself from what you could see?
DAVID JAMES: He always had the final word, yes.
MR. AGNIFILO: And part of your protocol -- what was your title?
DAVID JAMES: I was hired actually as a personal liaison, but that never really traveled or didn't really stick, and I was considered a personal assistant. But I was actually hired as a personal liaison.
MR. AGNIFILO: But your title was personal assistant, just so I know what to call you.
DAVID JAMES: Call me David.
MR. AGNIFILO: Okay, David. So what you did is you had all of these documents at the ready for when he woke up and had his breakfast, right?
DAVID JAMES: That's correct.
MR. AGNIFILO: That's how your day started certainly when you were in New York, right?
DAVID JAMES: That's right.
MR. AGNIFILO: In Florida, in Miami, it was a little less business-focused, right?
DAVID JAMES: That's correct. It wasn't a set start time, for example, but absolutely we'd have business documents for him there, as well, to approve.
MR. AGNIFILO: And now the documents that you put in his folder for him to consider, did you gather those documents or were they given to you by someone else?
DAVID JAMES: They would be sent to me. We had an email account, which was I think like BadBoyAssistant@Gmail. I don't remember the exact email, but they would be emailed to us from the office to download and to present to Mr. Combs.
MR. AGNIFILO: So who, what positions would be sending you these documents that you would compile into the folder?
DAVID JAMES: His executive assistant.
MR. AGNIFILO: Do you know who that was at the time?
DAVID JAMES: Karleen Roy.
MR. AGNIFILO: Through your joint email, you would get these documents, you would put them into a physical folder and have them at the ready when he got up?
DAVID JAMES: That's correct. And Dia would send us documents, as well, his chief of staff.
MR. AGNIFILO: I think you also said that in addition to this folder of the documents for him to review, he had a business schedule?
DAVID JAMES: That's correct, yes.
MR. AGNIFILO: Tell us about the business schedule, what is that?
DAVID JAMES: So it's almost like a printout of the Google calendar, it had all dates and times and locations of his business meetings for the day, and that was sent by Karleen.
MR. AGNIFILO: By Karleen Roy?
DAVID JAMES: Yeah.
MR. AGNIFILO: So he had business meetings throughout the day, correct?
DAVID JAMES: Yes. It was very common.
MR. AGNIFILO: Of course. And these were with other executives, performers, music producers and the like, correct?
DAVID JAMES: Yes.
MR. AGNIFILO: A pretty high level roster of people that he's talking to on a day-to-day basis, correct?
DAVID JAMES: Probably the second understatement of the day.
MR. AGNIFILO: And thank you for that. And so why is that an understatement? Tell the jury why that would be an understatement.
DAVID JAMES: Because Mr. Combs had very high level personal friends and associates. I mean, so they were basically the who's who in any business.
MR. AGNIFILO: And he is going to meet with the who's who of any business, right?
DAVID JAMES: Yup, mostly chairmans and CEOs.
MR. AGNIFILO: And it's critical, critical that he be absolutely well informed about whatever they're going to discuss, correct?
DAVID JAMES: That's right.
MR. AGNIFILO: It's absolutely critical that he's on time, right?
DAVID JAMES: That's not true.
MR. AGNIFILO: So let's scratch that one.
DAVID JAMES: We would adjust his schedule around his needs and we would rearrange meetings all the time because he didn't want to show up at a certain time and everybody would accommodate what he wanted.
MR. AGNIFILO: But when he got that, he was informed?
DAVID JAMES: Sure, yeah, was very informed.
MR. AGNIFILO: And so there's a great, from what you could see, there was a great deal of preparation involved in going to these meetings?
DAVID JAMES: Yes, Mr. Combs is very involved with his businesses.
MR. AGNIFILO: From what you could see, what does that mean, when you say he's involved, give us a feeling, because you were there, we weren't, give us a feeling of what you saw, what was that like?
DAVID JAMES: It was fascinating. I think the example I mentioned in Saint Tropez was something never seen before. So Mr. Combs was developing a fragrance, for example, for Sean John, and he literally flew out the testers of Estée Lauder to show like exact notes like fragrance notes on a yacht because he was really that in tune and detailed about what notes he wanted. So I mean that's just a really good example of how involved he was with everything.
MR. AGNIFILO: And that was across all of his businesses?
DAVID JAMES: That's right.
MR. AGNIFILO: And you would be involved in the logistics of getting him from place to place for these meetings, correct?
DAVID JAMES: I was not his personal driver. I would be part of the -- we had a staff car, for example, we would probably follow the security detail. There were times where I would be in his car, but I wasn't necessarily responsible for that, no.
MR. AGNIFILO: So at some point, you're with him at his house wherever he's starting his day, whether it be New York or Miami or Florida, and you see that he's going to be ready to leave the house soon, correct?
DAVID JAMES: Yeah, he would let us know.
MR. AGNIFILO: Who would you communicate with to say we're about to take it on the road?
DAVID JAMES: His security detail.
MR. AGNIFILO: And the security detail, if you were in New York, he would often walk to work, right?
DAVID JAMES: That's right. His security, I would text his security that Mr. Combs would be ready in 10 minutes, Bonds would come up to the door, meet him and escort him. Security would always escort him everywhere.
MR. AGNIFILO: And if were you in Miami or Los Angeles, he'd be leaving the house usually by car?
DAVID JAMES: That's right, yeah.
MR. AGNIFILO: And you would basically tell security when you were in Miami or Los Angeles, we're ready to go, get the car ready, whatever it is that you said?
DAVID JAMES: That's right, yeah.
MR. AGNIFILO: Were you typically in a second car or were you in the car with him?
DAVID JAMES: Typically in a second car.
MR. AGNIFILO: Tell us how that works, who is in the second car, why is there a second car, just tell us about all that.
DAVID JAMES: Yeah, so, I always understood it from like a security perspective that if Mr. Combs had a Maybach, he would want to have a second car to his right, that way someone couldn't pull up on him, for example, and try to assassinate him or shoot him. So we'd always follow him around from like a security detail. We also had a lot of people. So there was other executive assistants, sometimes a stylist, sometimes other people that would travel around with us. So that was my understanding of why there was second cars. Plus, we would have a staff car in New York City, an Escalade, that we would drive around, do errands that we needed to do, as well, or drive out to his house in Alpine, New Jersey for example.
MR. AGNIFILO: Talking about a security detail, I think what you said yesterday is that the security detail had three primary responsibilities: To protect Mr. Combs, to protect his family, and to protect his property; do I have that right?
DAVID JAMES: That's right.
MR. AGNIFILO: And at the time that you worked for him, do you remember how many kids he had? I'm not trying to put you on the spot.
DAVID JAMES: I think he only has one new child since I left Mr. Combs, so --
MR. AGNIFILO: Six.
DAVID JAMES: Thank you.
MR. AGNIFILO: So he had six kids for the entire time you were working for him?
DAVID JAMES: Yeah.
MR. AGNIFILO: And his security detail in addition to protecting him was there to protect his children?
DAVID JAMES: Absolutely.
MR. AGNIFILO: And protect his property?
DAVID JAMES: Absolutely.
MR. AGNIFILO: And I think you said he was almost never without his security detail?
DAVID JAMES: That's right.
MR. AGNIFILO: So from the minute you left the house in the morning, you said, Bonds, if you're in New York and he was walking to the office, Bonds would meet him at the door, right?
DAVID JAMES: Yup.
MR. AGNIFILO: And walk him -- how long was it to get to the office, short walk, right?
DAVID JAMES: It was a short walk, 1710 Broadway, and his apartment was right there, so five minute or less walk.
MR. AGNIFILO: And you've been in public with Mr. Combs many, many times, correct?
DAVID JAMES: That's correct.
MR. AGNIFILO: For over the two years, you're probably with him in public hundreds of times, right?
DAVID JAMES: Sure, yeah.
MR. AGNIFILO: Not uncommon for people to want to talk to him, to approach him, to run up to him, to walk up to him, correct?
DAVID JAMES: That's correct.
MR. AGNIFILO: These are the kinds of things that you saw yourself, right?
DAVID JAMES: Absolutely, yeah.
MR. AGNIFILO: And invariably, 99.9 percent of these people mean well, correct?
DAVID JAMES: I can't tell you what other people's intention is.
MR. AGNIFILO: Of course. But everyone has to be alert for that one in a million that wants to approach him not for the right reason, right?
DAVID JAMES: I think security was suspicious of anybody trying to approach him.
MR. AGNIFILO: And that happened all the time, right?
DAVID JAMES: Absolutely.
MR. AGNIFILO: If he was out in New York, people would want to approach him, correct?
DAVID JAMES: That's correct. He couldn't go anywhere without almost making a mob around him.
MR. AGNIFILO: Tell us about that.
DAVID JAMES: So they would just be people that always, like, for the airport, for example, he'd walk through an airport and he would have like 10, 12 people that just wanted to come up to him. They wanted to touch him, shake his hand, get his autograph, things like that.
MR. AGNIFILO: Kids, adults, right?
DAVID JAMES: Not so many kids necessarily, but adults, yeah.
MR. AGNIFILO: And they wanted his autograph?
DAVID JAMES: There were people that wanted his autograph.
MR. AGNIFILO: And you said that happened in airports. That happened everywhere, right?
DAVID JAMES: It happened. He couldn't even go into McDonald's without being identified and people want to have access to him.
MR. AGNIFILO: And from what you could see, in your opinion, did he intend to be gracious around these sorts of things?
DAVID JAMES: I don't think gracious is a word I would use to describe Mr. Combs.
MR. AGNIFILO: Was he -- I mean, he had to get from place to place, right?
DAVID JAMES: Yes.
MR. AGNIFILO: Did he ever sign autographs?
DAVID JAMES: He did not. Actually, sometimes I would sign autographs or his executive staff would sign autographs. We would send those out if we got fan mail, for example. He did not sign many autographs.
MR. AGNIFILO: And he had to get from place to place, that was part of your job to get him from place to place efficiently, correct?
DAVID JAMES: That was security's job.
MR. AGNIFILO: Right. But you would be involved in the scheduling, right?
DAVID JAMES: The scheduling was executive office. I was there to execute. And so making sure he was prepared for where he had to go.
MR. AGNIFILO: And if he had a meeting, if he had to go -- he was in New York and say he had to go to a meeting in a building, where would you wait for him?
DAVID JAMES: Most likely in the car with security detail. Sometimes I'd go up to the lobby and wait in the lobby with him. There were a few occasions where I'd be in meetings with him himself, but for the most part, I would be waiting for him in a lobby wherever security was or in the car.
MR. AGNIFILO: From time to time, you went into the meeting with him, but that was not the norm?
DAVID JAMES: That's right.
MR. AGNIFILO: For the most part, you waited outside the meeting in some way?
DAVID JAMES: That's right. He would text me if he needed me to run an errand or get him some food or -- I would always would stay busy -- well, not always, but often stay busy while he's doing something, I would go advance somewhere or do something else that he needed.
MR. AGNIFILO: And he typically had business meetings the entire day?
DAVID JAMES: He had a lot of business meetings.
MR. AGNIFILO: And I think you said yesterday he had dinner around 6 o'clock or so?
DAVID JAMES: Yeah, around 6:00 or 7:00, it would be frequent that he would go to a dinner.
MR. AGNIFILO: And you said sometimes these were personal dinners, sometimes these were business dinners?
DAVID JAMES: That's right. Those lines blurred quite a bit, but yes.
MR. AGNIFILO: I'm sorry. I missed the last part.
DAVID JAMES: So, yes, they could be a business dinner with friends, but, you know --
MR. AGNIFILO: Got it. Got it. And would you sometimes come to the dinner or just wait outside wherever it was where he was eating?
DAVID JAMES: Oftentimes, the security detail and I, we would wait in the car and they would send food out to us. Sometimes I would be in the restaurant, like at a fleet chow, for example, I would be there because there's more of a waiting area and a bar area. Typically, I'd be outside with security.
MR. AGNIFILO: And now after dinner when some other CEOs might be going home, he doesn't go home, he goes to the studio, right?
DAVID JAMES: That's correct. Most of the time he'd go to the studio, yes.
MR. AGNIFILO: And so he'd be getting to the studio like what, 9 o'clock, 10 o'clock?
DAVID JAMES: Yeah, dinner would be three hours. Pretty standard to have a three-hour dinner.
MR. AGNIFILO: And after dinner, he would go to the studio?
DAVID JAMES: That's correct.
MR. AGNIFILO: So if we're in New York, where is the studio?
DAVID JAMES: Daddy's house. I believe it was somewhere in the 40s. I don't remember exactly the location.
MR. AGNIFILO: If we're in Miami, where is the studio?
DAVID JAMES: He would use other people's studios. He didn't have a -- well, he had a studio in his house on Star Island, for example, but we would go to like where Pharrell was working or other producers. I feel like will Smith, for example, would have a studio we'd go to, but, you know.
MR. AGNIFILO: And if it was in LA, where was the studio?
DAVID JAMES: I don't remember the location. Somewhere in Melrose. I don't remember the location.
MR. AGNIFILO: So LA, that's not his studio, he would have to essentially rent studio time?
DAVID JAMES: That's right. He did build a house. I'm sorry. He did build a studio in his house, as well, in Los Angeles.
MR. AGNIFILO: While you were working there, he did that?
DAVID JAMES: Yeah, while we were doing the Last Train to Paris, I think it was called.
MR. AGNIFILO: And I think you said yesterday he'd stay in the studio until 3:00 or 4:00 a.m.?
DAVID JAMES: Very common, yes.
MR. AGNIFILO: And you would be with him the whole time?
DAVID JAMES: That's right, yeah. I'd be in the studio with him for sure.
MR. AGNIFILO: And so at some point, he would leave the studio in whatever city he was in and he would go home or to a hotel and go to sleep, right?
DAVID JAMES: That's right. I'd leave before him. I'd take one of those staff cars in advance so when we got home, it was set up for him.
MR. AGNIFILO: And I think what you said yesterday was the way your day ended very often at 4:00 a.m. or so is you would try to figure out when the next day was going to start?
DAVID JAMES: Yeah, I couldn't leave until I had -- until -- I always asked him if it was okay for me to leave, and then he instructed me what time he'd want me back tomorrow.
MR. AGNIFILO: And the day would end and you would start assembling the documents and the materials and the business schedule for the next day?
DAVID JAMES: That's right, yeah. That's why I arrived before he was typically up, because you had to prepare for the day.
MR. AGNIFILO: And you said that there were times when you worked seven days a week for weeks on end?
DAVID JAMES: Sure. There was definitely times I worked 21 days straight, yeah.
MR. AGNIFILO: And it was hard demanding work, right? And if it wasn't to you, please feel free to say it.
DAVID JAMES: I was prepared for the moment. I mean, I guess for the average person, it would be very hard and demanding. One personal assistant actually went to the hospital after working with him for 24 hours because of dehydration. I'm just a different type of person.
(Continued on next page)
BY MR. AGNIFILO:
MR. AGNIFILO: OK. And here is your chance to say good things about yourself. Tell us how.
DAVID JAMES: I just have -- I'm from Flint, Michigan. I'm a grinder. I'm a hard worker.
MR. AGNIFILO: You're a hard worker and you can handle it?
DAVID JAMES: Yeah.
MR. AGNIFILO: OK. And you enjoyed it, right?
DAVID JAMES: I did, at times.
MR. AGNIFILO: Yeah. And the long days didn't adversely affect you?
DAVID JAMES: Well, there was a saying that the security detail would always tell us, and that is, Do you know what rhymes with tired? And the answer is fired.
MR. AGNIFILO: And that wasn't a problem for you because you never got tired?
DAVID JAMES: That's not true. One day I was actually driving home from the studio in Los Angeles, and I was actually driving the car this night. And I blew through a red light and Mr. Combs got very upset with me. He was like, What are you doing, man? We can't be blowing red lights, we will be pulled over by the cops. I just literally turned around and said, I'm fucking tired, man. Like, I'm just exhausted.
MR. AGNIFILO: And you didn't get fired?
DAVID JAMES: That's right.
MR. AGNIFILO: You talked about advancing locations? All right. Do me a favor. You just have to answer so they can write it. Yes?
DAVID JAMES: I'm sorry?
MR. AGNIFILO: You talked on direct about advancing locations?
DAVID JAMES: Yes.
MR. AGNIFILO: OK. And one of those places where you advanced locations were hotel rooms, correct?
DAVID JAMES: That was one location, yeah.
MR. AGNIFILO: OK. And you mentioned a term called riders?
DAVID JAMES: Yes.
MR. AGNIFILO: Riders, you've worked in the entertainment field a lot of your life, is that right?
DAVID JAMES: That's not accurate.
MR. AGNIFILO: Where else did you work in the entertainment field?
DAVID JAMES: I don't think --
MR. AGNIFILO: That's a bad question.
DAVID JAMES: I agree.
MR. AGNIFILO: Yeah. Thank you. We agree on that. Mr. Combs, did you consider that the entertainment field?
DAVID JAMES: Yes.
MR. AGNIFILO: OK. Did you have other jobs where you worked with people who were involved in music production or things like that?
DAVID JAMES: No. Before I was with Mr. Combs, I was not in entertainment. After Mr. Combs, I was in social media. I guess, essentially, Beats by Dre was a client of mine. That's not necessarily entertainment, that's music. But I was a social media person for a long time and now I'm a realtor, so...
MR. AGNIFILO: So you're out of entertainment completely?
DAVID JAMES: Yeah. Fashion was always my passion.
MR. AGNIFILO: I see.
DAVID JAMES: Wasn't really in entertainment.
MR. AGNIFILO: Got it, got it, got it. OK. Now, riders are common?
DAVID JAMES: OK.
MR. AGNIFILO: Do you know that?
DAVID JAMES: I would assume so, yes, at a high-level person. Yeah, sure.
MR. AGNIFILO: And the idea is that, when you're talking about high-level people, certain people want, when they are away from home, they want things to be as close to home as they can get, right?
MS. SLAVIK: Objection, vague.
THE COURT: Sustained.
MR. AGNIFILO: Well, that means you don't answer.
DAVID JAMES: Thank you.
MR. AGNIFILO: All right. What was your understanding of why there were riders?
DAVID JAMES: To have a consistent environment for wherever he was. And so, for example, one of his rider items, when we were traveling in London, is ketchup, Heinz 57 ketchup. And I don't know if you guys have ever been to London before, but the checkup in the U.K. is not similar to the ketchup in America. He would not be happy. I mean, ketchup was a big item that he always needed for his food. And so, it was just the consistency, to create a consistent environment for wherever he was, which I think helped make him feel comfortable in that moment.
MR. AGNIFILO: Were you aware that he put applesauce on cheeseburgers?
DAVID JAMES: I was not aware of that. I did know he liked applesauce.
MR. AGNIFILO: And the rider would be all these things he would want wherever he was to be most comfortable?
DAVID JAMES: That's correct. There was different riders for different situations.
MR. AGNIFILO: OK. And now, you said -- I have a couple of specific questions for you. You were talking about the distinction, when you were talking to the government, you were talking about the distinction in different types of items. And you made the point that there were certain items that were personal items. And what you said, among the personal items, was Astroglide, condoms, and baby oil?
DAVID JAMES: That's correct.
MR. AGNIFILO: And you did not expense those through the business?
DAVID JAMES: I did on occasion and -- but, no, I was told not to do that.
DAVID JAMES: But there was a time or two, I certainly did because, again, I -- you know, I didn't -- yes. But most of the times, no, I did not.
MR. AGNIFILO: When you did expense it through the business, you were -- you knew you weren't supposed to do that?
DAVID JAMES: Not the first time, no. I just thought they were everyday items, you know.
MR. AGNIFILO: All right. So there were certain items and these are the three you identified that you did not submit receipts for?
DAVID JAMES: That's correct.
MR. AGNIFILO: OK. Other than when -- this is my word, you tell me if this is right. Other than when you made a mistake?
DAVID JAMES: I guess you could see it that way, sure.
MR. AGNIFILO: When you weren't making a mistake, you did not submit these through the business and you did not submit the receipts for these things, right?
DAVID JAMES: That's correct. I would just give cash and give the security detail the change.
MR. AGNIFILO: Because you -- and I think what you said is that these were personal expenses, right?
DAVID JAMES: They were items that I was told that he didn't want to run through the company.
MR. AGNIFILO: OK. And your understanding was that -- I think what you said on direct, tell me, maybe you don't remember it this way, they were not run through the company because they were personal expenses?
DAVID JAMES: No. I just think because they were items that he didn't -- he didn't want to have a record for.
MR. AGNIFILO: But the company didn't pay for them, he didn't run them through the company?
DAVID JAMES: I mean, it's all his money.
MR. AGNIFILO: No. But, my question is what's run through the company and what's not run through the company, not what's his money. He didn't run these through the company, that's my question?
DAVID JAMES: That was what I was instructed, yes.
MR. AGNIFILO: Very good. Other things were run through the company, so if you bought toilet paper, through the company or not through the company?
DAVID JAMES: I never bought toilet paper.
MR. AGNIFILO: I'm sorry. That's a bad question.
DAVID JAMES: Like candles, for example, run through the company.
MR. AGNIFILO: Run through the company?
DAVID JAMES: Yes.
MR. AGNIFILO: All right. If he, you know, you said that he liked Heinz ketchup. Run through the company?
DAVID JAMES: Run through the company.
MR. AGNIFILO: Things like food items would run through the company?
DAVID JAMES: Absolutely.
MR. AGNIFILO: OK. Things that, you know, when he was away that, you know, snacks, drinks you said Vitamin -- you said Fiji water?
DAVID JAMES: He did like Vitamin Water. Triple X.
MR. AGNIFILO: OK. Run through the company?
DAVID JAMES: Run through the company.
MR. AGNIFILO: OK. All these things were run through the company, but the Astroglide, baby oil, condoms, not run through the company?
DAVID JAMES: That's correct.
MR. AGNIFILO: All right. Just so I can plan accordingly, when does the court want to take a break? I can do it anytime.
THE COURT: We're going to keep going.
MR. AGNIFILO: That's fine. Like 12:15, just so I can get to a spot.
THE COURT: All right.
MR. AGNIFILO: Thank you, Judge.
BY MR. AGNIFILO:
MR. AGNIFILO: I want to talk to you about something that happened in Saint-Tropez.
DAVID JAMES: Yes.
MR. AGNIFILO: You said you bought drugs there?
DAVID JAMES: That's correct.
MR. AGNIFILO: And you said he you bought an eight ball of cocaine?
DAVID JAMES: That's right.
MR. AGNIFILO: What's an eight ball of cocaine?
DAVID JAMES: I believe it's eight grams of cocaine.
MR. AGNIFILO: Eight grams?
DAVID JAMES: I think so. I could be wrong on that. I'm not an expert.
MR. AGNIFILO: Do you know what you spent for that?
DAVID JAMES: I don't recall.
MR. AGNIFILO: And you said that was not for Mr. Combs, correct?
DAVID JAMES: It was not. It was one for one of his friends who was with us on the trip.
MR. AGNIFILO: This person was a friend of yours, too, right?
DAVID JAMES: No.
DAVID JAMES: No.
MR. AGNIFILO: Who's Nellee Hooper?
DAVID JAMES: Nellee Hooper is a music producer for a company like YouTube.
MR. AGNIFILO: And did Nellee Hooper ask you to do this?
DAVID JAMES: There was a time when I did mention that to the government. But after further consideration, I was not convinced that that was actually Nellee Hooper. It was him or someone else named Vikram, but I don't know exactly who it was.
MR. AGNIFILO: So I want to follow up on the answer you just gave. You told the government that you had gotten the eight ball for Nellee Hooper, right?
DAVID JAMES: That's correct.
MR. AGNIFILO: And you told them that in one of these proffer meetings you had with the government, right?
DAVID JAMES: Sure.
MR. AGNIFILO: Why did you say that?
DAVID JAMES: It was the honest answer at time. I was being as honest as I could.
MR. AGNIFILO: That's how you remembered it --
DAVID JAMES: Yeah.
MR. AGNIFILO: -- right? I mean, you wouldn't tell the government that Nellee Hooper had you buy the eight ball and be lying about it, right?
DAVID JAMES: I was told never to lie to the government.
MR. AGNIFILO: So that was your honest answer?
DAVID JAMES: Yes.
MR. AGNIFILO: And after you gave it, what happened?
DAVID JAMES: Just, like, similar, the way my mind works, after I say something, I kind of think about it again. This is a very long time ago. There's details that kind of come up and get refreshed. And then I, you know, I adjust my answer accordingly. I think that's very natural.
MR. AGNIFILO: OK. So you adjusted your answer after you told the government that Nellee Hooper had you buy the eight ball, right, you adjusted it?
DAVID JAMES: I was not confident afterwards it actually was Nellee.
MR. AGNIFILO: Who it was?
DAVID JAMES: What's that?
MR. AGNIFILO: Who was it?
DAVID JAMES: Like I said, I don't remember. Either Vikram or Nellee. I don't remember who it was.
MR. AGNIFILO: It might have been Nellee?
DAVID JAMES: Could have been. I just don't remember.
MR. AGNIFILO: When you adjusted your answer, you hadn't excluded Nellee as a possibility?
DAVID JAMES: That's correct.
MR. AGNIFILO: How was your memory refreshed, just so I can understand?
DAVID JAMES: I just think about, kind of, thinking through my thoughts.
MR. AGNIFILO: So you refreshed your own mind?
DAVID JAMES: That's correct.
MR. AGNIFILO: All right. So, getting back to this eight ball. Very clear, Mr. Combs didn't ask you to do it, right?
DAVID JAMES: No.
MR. AGNIFILO: You never told Mr. Combs that you did it?
DAVID JAMES: No.
MR. AGNIFILO: OK. As far as you know -- well, let me ask a question regarding you. You never told him you were doing it, right?
DAVID JAMES: Correct.
MR. AGNIFILO: You never went to him and said, Hey, so-and-so asked me to buy an eight ball of coke. Is that something you think I should do since I'm on your payroll? You didn't say that to him, right?
DAVID JAMES: No. There were other times --
MR. AGNIFILO: I'm asking about this time.
DAVID JAMES: No.
MR. AGNIFILO: All right.
DAVID JAMES: I think he was sleeping at the moment. At the time, he was in his room.
MR. AGNIFILO: All right. So you didn't tell him and say, I'm going to go buy an eight ball of coke, is that OK; you didn't say that?
DAVID JAMES: I didn't ask Mr. Combs a lot of questions.
MR. AGNIFILO: And you didn't ask him that question is my question?
DAVID JAMES: That's correct.
MR. AGNIFILO: Right? OK. After you did it, you didn't tell him, you know, you should know I bought an eight ball of coke while we're here in Saint-Tropez?
MS. SLAVIK: Your Honor, this has been asked and answered.
THE COURT: Overruled. Let's speed this up.
MR. AGNIFILO: We're almost done.
BY MR. AGNIFILO:
MR. AGNIFILO: You didn't tell him afterwards?
DAVID JAMES: No.
MR. AGNIFILO: And you didn't say it in front of him until you said it in this courtroom, right?
DAVID JAMES: I'm sorry?
MR. AGNIFILO: You never said that in front of him until we all sat in this courtroom together, yesterday?
DAVID JAMES: That's correct. Yeah, yeah.
MR. AGNIFILO: All right. Now, how did you know where to go to get this eight ball of coke?
DAVID JAMES: Mr. Combs had a gentleman, I forget his name, that coordinated everything for us when we were there. He coordinated cars. He coordinated events. He basically was his main contact locally, and I knew to call him if I needed anything.
MR. AGNIFILO: Say that again?
DAVID JAMES: I knew I could call him and he could give me anything I needed for Mr. Combs or his associates.
MR. AGNIFILO: I just want -- you keep mentioning Mr. Combs. I have to ask you, Mr. Combs had nothing to do with this, right?
DAVID JAMES: With me buying cocaine? That's correct.
MR. AGNIFILO: Right.
DAVID JAMES: There's other things Mr. Combs needed, I would go to this gentleman for.
MR. AGNIFILO: I got it.
DAVID JAMES: That's right.
MR. AGNIFILO: In this instance, you decided that you would go to this other gentleman to get the eight ball of cocaine that you wanted to buy, right?
DAVID JAMES: I don't think I wanted to. I was executing.
MR. AGNIFILO: You were executing what?
DAVID JAMES: A request by one of his personal friends.
MR. AGNIFILO: You were executing -- Now, executing leads me to believe that you're doing something in connection with your job. Is that what you mean executing?
MS. SLAVIK: Objection.
THE COURT: It's overruled.
MR. AGNIFILO: You used the word executing, right? Was this in connection with your job?
DAVID JAMES: Yes.
MR. AGNIFILO: Yeah. And in connection with your job, you didn't think you should tell your boss what you were doing? Tell me how that was in connection with your job.
DAVID JAMES: There were a lot of things that we did that Mr. Combs was not aware of, sure.
MR. AGNIFILO: And how many times did you buy eight balls of cocaine?
DAVID JAMES: This was only one time.
MR. AGNIFILO: Let's talk about this one time. So you said you were executing this thing and you didn't tell your boss about it. And then we're done with this topic, right?
DAVID JAMES: Thank you.
MR. AGNIFILO: Is that the answer?
DAVID JAMES: Yes.
MR. AGNIFILO: Tell me about your relationship with Roger Bonds.
DAVID JAMES: Um, what do you mean?
MR. AGNIFILO: Tell me about your relationship with Roger Bonds.
DAVID JAMES: Roger Bonds was a security guard for Mr. Combs and I was a personal assistant to Mr. Combs.
MR. AGNIFILO: Did you have an independent relationship, just you and him?
DAVID JAMES: What do you mean? I don't understand what you mean, what relationship means.
MR. AGNIFILO: Characterize your relationship in whatever words you choose between yourself and Roger Bonds.
MS. SLAVIK: Objection, asked and answered.
THE COURT: Overruled.
MR. AGNIFILO: Did you consider him a business associate, did you consider him a friend, did you socialize with him? Anything.
DAVID JAMES: We were former -- we were definitely employees. But, yeah, there was a good bond there. There was, you know, we were -- we would talk about Bad Boys being a family, right. I think we all looked at each other, in a sense, as being family, yes.
MR. AGNIFILO: OK. So let me ask you about that. You said that Bad Boy is a family?
DAVID JAMES: Yeah.
MR. AGNIFILO: Tell me what you mean by that.
DAVID JAMES: Nana Combs called me her son at one point.
MR. AGNIFILO: Mr. Combs' mother?
DAVID JAMES: That's correct.
MR. AGNIFILO: And when did that happen?
DAVID JAMES: Multiple times.
MR. AGNIFILO: OK. And tell me why else it was a family?
DAVID JAMES: Because we were all there to support Mr. Combs. We all had a joint mission to support him in what he needed.
MR. AGNIFILO: OK. Did you have a sense of mission?
DAVID JAMES: Sure.
MR. AGNIFILO: What was the mission?
DAVID JAMES: To make sure that he was happy and, you know, prepared for the day.
MR. AGNIFILO: OK. Make sure he was happy. He is running several very sophisticated business entities, right?
DAVID JAMES: Yes.
MR. AGNIFILO: Right. And the mission was to make sure that, one of the first things you said when you got on the stand, was to help him be effective as a chairman, right?
DAVID JAMES: I believe that's where the personal comes in with personal assistant.
MR. AGNIFILO: OK. But the mission was to make sure that the businesses ran well, and your role in the mission was to make sure that he was an effective chairman, is that fair to say?
DAVID JAMES: That's fair.
MR. AGNIFILO: And I know you worked really, really hard and you worked very long hours. And whatever you say is going to be the answer. Was it fun?
MS. SLAVIK: Objection to the commentary.
MR. AGNIFILO: That's fine.
THE COURT: No commentary.
MR. AGNIFILO: Yes, Judge. Absolutely.
MR. AGNIFILO: Did you have fun from time to time? Was it fun?
DAVID JAMES: Sure. I enjoyed it from time to time. There's times I didn't enjoy it as well, but yeah.
MR. AGNIFILO: And you enjoyed the camaraderie, right?
DAVID JAMES: Yeah. Sure.
MR. AGNIFILO: You just described it as a family?
DAVID JAMES: Yeah.
MR. AGNIFILO: Right?
DAVID JAMES: I did.
MR. AGNIFILO: And you felt camaraderie not just with Roger Bonds, but with other people, too, right?
DAVID JAMES: Yeah.
MR. AGNIFILO: Who were you closest to, kind of, during your time working with Mr. Combs, you know, among the other people in your orbit?
DAVID JAMES: Like, other personal staff that was always around us, like, his other assistants, his chef. Basically, I mean, you know, his executive staff, I would say, I was closest to.
MR. AGNIFILO: Chef Jordan?
DAVID JAMES: Yep.
MR. AGNIFILO: Is that right?
DAVID JAMES: Yep.
MR. AGNIFILO: What was your relationship with Chef Jordan?
DAVID JAMES: Um, a business relationship.
MR. AGNIFILO: OK. Was there any kind of issue between you and Chef Jordan?
MS. SLAVIK: Objection.
THE COURT: Can you rephrase the question?
MR. AGNIFILO: Did you choke her?
MS. SLAVIK: Objection.
DAVID JAMES: No.
THE COURT: Hold on. That's overruled. Let's go.
MR. AGNIFILO: You didn't choke Chef Jordan?
DAVID JAMES: No, I never choked Chef Jordan.
MR. AGNIFILO: Tell us what you did do.
MS. SLAVIK: Objection. This is beyond the scope.
THE COURT: Let's have a very brief sidebar.
(Continued on next page)
(At the sidebar)
THE COURT: All right. Where are we going?
MR. AGNIFILO: This is part of the reason that he left Bad Boy. He didn't leave Bad Boy because of the incident he discussed. He left Bad Boy because he got in trouble for having a physical confrontation with another government witness.
THE COURT: OK. How much time do you have left in your cross?
MR. AGNIFILO: Probably 15 minutes.
THE COURT: 15 minutes?
MR. AGNIFILO: 10, 15 minutes. Probably not more than that.
THE COURT: All right. The objection is overruled. Let's go.
(Continued on next page)
(In open court)
THE COURT: Mr. Agnifilo, you may proceed.
MR. AGNIFILO: Yes. Thank you.
BY MR. AGNIFILO:
MR. AGNIFILO: Tell the jury what happened between you and Chef Jordan.
DAVID JAMES: There was an incident once in Miami. We were in Star Island -- excuse me -- and we were in his kitchen. And me and chef were going back and forth, and she kept telling me, basically, that Mr. Combs had beef of the day. And she was basically kind of telling me how to do my job. So I got very upset by it, and I grabbed her two wrists and I squeezed her wrists and I told her to stay in her fucking lane.
MR. AGNIFILO: You grabbed her wrists?
DAVID JAMES: Both wrists, yeah.
MR. AGNIFILO: Yeah. You didn't grab her anywhere else?
DAVID JAMES: No.
DAVID JAMES: No.
MR. AGNIFILO: Was there any fallout from you grabbing her wrists?
DAVID JAMES: What do you mean fallout?
MR. AGNIFILO: Was there any consequence? Did you have to speak to anybody? Did you get in trouble? Did someone lodge a complaint? Anything that you would consider a fallout?
DAVID JAMES: I understand. Yes. It was reported to the corporate -- the headquarters, and either Dia or to Vashta. And then Mr. Combs heard about it and he called me to his room.
MR. AGNIFILO: And then what happened?
DAVID JAMES: He asked me what had happened and I told him what happened. And, um, and he said, You can't be putting your hands on women. And I said, I know, sir. I fucked up. And he said, If you do it again, I'm going to have to let you go. And he told me to write her a note and to buy her a gift.
MR. AGNIFILO: And did he -- and he said if you ever did anything like this again, you would be fired?
DAVID JAMES: That's correct.
MR. AGNIFILO: OK. And fair to say, when did you end up leaving the company in relation to that?
DAVID JAMES: I don't have that marker in my head. I'm not sure.
MR. AGNIFILO: We're talking weeks, months?
DAVID JAMES: Months.
MR. AGNIFILO: Months?
DAVID JAMES: Months.
MR. AGNIFILO: Few months, right?
DAVID JAMES: Yeah.
MR. AGNIFILO: Not long at all?
DAVID JAMES: No. It was a pretty good time. This was not towards the end of my tenure. I think this handled about the middle of my tenure.
MR. AGNIFILO: What was the relationship between you and Chef Jordan after that?
DAVID JAMES: It was fine. She forgave me and we were fine.
MR. AGNIFILO: Did you buy her a gift?
DAVID JAMES: I rolled you a blunt and gave her a blunt.
MR. AGNIFILO: That was your gift?
DAVID JAMES: That's right.
MR. AGNIFILO: All right. Did she seem to appreciate it, from what you could see?
DAVID JAMES: She did.
MR. AGNIFILO: Few other questions for you. You said that yesterday, that you overheard a conversation when you were in a car with Mr. Combs and a business associate concerning Cassie. Do you remember what I'm talking about?
DAVID JAMES: I do, yes.
MR. AGNIFILO: Who was the business associate?
DAVID JAMES: Chris Lighty.
MR. AGNIFILO: Chris Light?
DAVID JAMES: Lighty.
MR. AGNIFILO: Chris Lighty? All right. And who was in the car, other than Mr. Combs, yourself, Mr. Lighty? Who else?
DAVID JAMES: A driver and a security detail, most likely Bonds and Malik.
MR. AGNIFILO: OK. And where were you in the car?
DAVID JAMES: I was in the third row, they were in the second row, I was behind them.
MR. AGNIFILO: OK. Could you hear the entire conversation?
DAVID JAMES: I was as close to me as this lady in front of me. So yes, I could hear the conversation.
MR. AGNIFILO: Who was Mr. Combs talking to?
DAVID JAMES: To Chris.
MR. AGNIFILO: Chris Lighty?
DAVID JAMES: That's right.
MR. AGNIFILO: OK. And at about -- at what point in your employment was this conversation, do you remember?
DAVID JAMES: This was early on. This was after Kim had moved out to Los Angeles with the family. This was just when they started dating, Cassie and Mr. Combs. So it was very early on.
MR. AGNIFILO: OK. And do you remember when Kim moved out to L.A. with some of the kids, right?
DAVID JAMES: Yeah.
MR. AGNIFILO: OK. That Mr. Combs ended up spending -- starting to spend more time in Los Angeles after that?
DAVID JAMES: Of course.
MR. AGNIFILO: No, no. I meant yes, right?
DAVID JAMES: Yeah. He wanted to be by his kids. For sure.
MR. AGNIFILO: Right. I'm going to ask you a few questions. I don't mean to embarrass you. I'm just going to ask them. You've taken ectasy, correct?
DAVID JAMES: That's correct.
MR. AGNIFILO: How often?
DAVID JAMES: Not very often.
MR. AGNIFILO: All right. And you were taking ectasy from time to time while you were working with Mr. Combs, correct?
DAVID JAMES: Um, not when I was actually working with Mr. Combs. But if I had a night off, I would party, sure.
MR. AGNIFILO: I mean, during that time, during that two-year time period?
DAVID JAMES: Yeah.
MR. AGNIFILO: All right. And you smoked marijuana from time to time, correct?
DAVID JAMES: That's correct.
MR. AGNIFILO: OK. How often would you do that?
DAVID JAMES: I don't recall.
MR. AGNIFILO: OK. Would it be several times a week? Just give us an idea, rough idea, that period of your life.
DAVID JAMES: Honestly, I was working so much, there was not real time to smoke, so not that often.
MR. AGNIFILO: OK. I want to ask you a few questions about what things were like in the studio. This was typically at nighttime, correct?
DAVID JAMES: Yes.
MR. AGNIFILO: All right. And were there people, were people sometimes smoking marijuana or using other drugs in the studio?
DAVID JAMES: All the time.
MR. AGNIFILO: OK. All the time. You're talking about musicians hanging out all night in a recording studio making music, right?
DAVID JAMES: That's right.
MR. AGNIFILO: So there is drugs, that's just kind of part of what was going on?
DAVID JAMES: It was a creative environment, yeah.
MR. AGNIFILO: A creative environment. And from time to time you would do some drugs then, too, correct?
DAVID JAMES: No. I was never -- I never did drugs with Mr. Combs, in his presence, while other people were smoking, no.
MR. AGNIFILO: So you never did that?
DAVID JAMES: No.
MR. AGNIFILO: OK. Except a couple times when you were talking about when you got in trouble about having a joint once, right? You put the joint behind your back and you got in trouble for that, do you remember that?
DAVID JAMES: So that was an evening once. We were in his house in Miami and he had a recording studio in Miami. And I thought he was in for the night, and so I think I was there with one of his producers, Rio. I was smoking a joint outside, relaxing my mind a little bit, and he comes out of the house. And he looks at me. He said, What are you doing? I said, Nothing, sir. And he said to me, you know, If you're man enough to smoke, you're man enough to tell me that you smoked. I said, OK. I'm smoking a joint. He says, Do that again and I'm going to fire you. So that was the last time he saw me smoking weed.
MR. AGNIFILO: Do you remember a time that you and Bonds picked up two women who were prostitutes?
MS. SLAVIK: Objection.
THE COURT: Overruled.
MR. AGNIFILO: Yes?
DAVID JAMES: Answer?
MR. AGNIFILO: Answer.
DAVID JAMES: I was not familiar at the time that they were prostitutes, no.
MR. AGNIFILO: Tell us what happened.
DAVID JAMES: Roger Bonds and I went out to eat. We went out to have drinks one night. We were off. We went to the hotel lobby and we met two women and we brought those women back to Mr. Combs' residence.
MR. AGNIFILO: So you brought these women back. Which residence?
DAVID JAMES: The one in Hollywood Hills.
MR. AGNIFILO: Was Mr. Combs there at the time?
DAVID JAMES: No.
MR. AGNIFILO: OK. So --
DAVID JAMES: He was at a hotel, probably.
MR. AGNIFILO: Say that again?
DAVID JAMES: He was most likely at a hotel.
MR. AGNIFILO: Did you ask anyone if you could bring these women back to the house?
MS. SLAVIK: Objection, your Honor. This is beyond the scope.
THE COURT: Overruled.
MR. AGNIFILO: Did you?
DAVID JAMES: Um, I mean, Roger Bonds, it was his idea to do it.
MR. AGNIFILO: OK. Roger Bonds made you do it?
DAVID JAMES: I don't understand.
MR. AGNIFILO: Did you speak to Mr. Combs and say, I'm bringing Bonds and I picked up two women, can we bring them back to your house? Did you have that conversation?
DAVID JAMES: It was often that security detail would actually invite women over to the house without Mr. Combs' knowledge.
MR. AGNIFILO: I'm going to ask you the question one more time. Did you tell Mr. Combs that, Bonds and I picked up two women and we are bringing them back to the house, did you tell him that?
DAVID JAMES: I don't have that relationship with Mr. Combs. I didn't talk to him about personal items like that.
MR. AGNIFILO: So you didn't tell him?
DAVID JAMES: That's right.
MR. AGNIFILO: But you thought you could bring two women that you and Bonds picked up back to that man's house, correct?
DAVID JAMES: It was not uncommon.
MR. AGNIFILO: How many times did you do it?
DAVID JAMES: Well, I had a girlfriend at the time, and she would come over quite frequently.
MR. AGNIFILO: OK. That was your girlfriend?
DAVID JAMES: That's right.
MR. AGNIFILO: How many times did you pick women up from another place and bring them back to the house?
MS. SLAVIK: Objection, your Honor. 403.
MR. AGNIFILO: You said it was common?
DAVID JAMES: Me?
MS. SLAVIK: Objection, 403.
THE COURT: No, I understand the objection. It's overruled. A. Me? This was the only time that I randomly met a women. But I was saying that security did it all the time.
MR. AGNIFILO: And it turns out that these weren't just women, they were what?
DAVID JAMES: Um, well, after we had intercourse, they asked me for $200. I was very surprised. I was, like, What do you mean? And I called Bonds and I said, Why is this woman asking me for money? I had no idea she was a, you know, a person to ask for money after that. And I was against paying her. So I told Bonds, I don't want to pay her for this. I don't understand why. He said, You better pay her because we don't want any problems here at the house, so pay her.
MR. AGNIFILO: And you paid her?
DAVID JAMES: I did. And then she wanted to take a shower, so I asked her to pay me $200 to take a shower.
MR. AGNIFILO: How did that turn out?
DAVID JAMES: I got my money back.
MR. AGNIFILO: You got your money back? Congratulations.
MR. AGNIFILO: Hold on a second. Hold on a minute. Hold on.
(Counsel confer)
MR. AGNIFILO: On that note, I have no other questions for you, sir. Thanks so much.
THE COURT: Ms. Slavik.
REDIRECT EXAMINATION BY MS. SLAVIK:
MS. SLAVIK: Mr. James, a few minutes ago Mr. Agnifilo was asking you questions about an incident involving you and Chef Jordan, is that right?
DAVID JAMES: That's right.
MS. SLAVIK: And this incident involved some sort of report with HR?
DAVID JAMES: That's right.
MS. SLAVIK: And after this incident, Mr. Combs told you that if you put your hands on a woman again, you would be fired?
DAVID JAMES: That's right.
MS. SLAVIK: Mr. James, were there any instances of violence between Mr. Combs and Chef Jordan?
DAVID JAMES: There was one time that I was familiar with, an incident that occurred, yes.
MS. SLAVIK: Where did that incident take place?
DAVID JAMES: This was in Alpine, New Jersey.
MS. SLAVIK: What were the circumstances of that incident?
DAVID JAMES: So when I get to Alpine that day, I arrive probably at nine or ten o'clock, and Chef Jordan was not there at the house. We were in the process of trying to find a new chef for the day.
MS. SLAVIK: And you said this was in Alpine, New Jersey?
DAVID JAMES: That's right.
MS. SLAVIK: What was in Alpine, New Jersey?
DAVID JAMES: Mr. Combs, that's where he had a house.
MS. SLAVIK: And who was there when you arrived?
DAVID JAMES: It was me, Roger Bonds, Mr. Combs, probably Malik, as well.
MS. SLAVIK: And who is Malik?
DAVID JAMES: Mr. Combs' driver in New York.
MS. SLAVIK: What, if anything, did Mr. Combs say to you when you arrived?
DAVID JAMES: He told me to go out to the police station and make a report that Chef Jordan hit him.
MS. SLAVIK: What was your understanding of why he asked you to do that?
DAVID JAMES: It was my understanding that if this were ever to come up in the media or future date, he would have --
MR. AGNIFILO: Object to understanding.
THE COURT: That's sustained. Jury should disregard the witness's last answer.
MS. SLAVIK: Mr. James, you said that Mr. Combs instructed you to go down to file a police report?
DAVID JAMES: That's right.
MS. SLAVIK: What did he instruct you to say in the police report?
DAVID JAMES: That Chef Jordan was the aggressor and that she hit him first.
MS. SLAVIK: Did he tell you why he wanted you to file the police report?
DAVID JAMES: No, but I understood.
MS. SLAVIK: Did you file the police report, Mr. James?
DAVID JAMES: I did not, no.
MS. SLAVIK: Why not?
DAVID JAMES: I didn't want to make a false police report and lie to the police.
MS. SLAVIK: What did you do instead?
DAVID JAMES: I took the staff car and drove around for an hour around New Jersey and came back home and I told him I made the report.
MS. SLAVIK: Mr. James, you were asked several questions by Mr. Agnifilo about your meetings with prosecutors. Do you remember that?
DAVID JAMES: Yes.
MS. SLAVIK: What is the only thing that prosecutors have asked you to do with respect to this case?
DAVID JAMES: To tell the truth.
MS. SLAVIK: Nothing further, your Honor.
THE COURT: Thank you very much.
MR. AGNIFILO: Very quick, Judge.
THE COURT: All right.
RECROSS EXAMINATION BY MR. AGNIFILO:
MR. AGNIFILO: So you lied to Mr. Combs about the making the police report?
DAVID JAMES: That's correct.
MR. AGNIFILO: Did you ever tell him that you made a police report?
DAVID JAMES: I did.
MR. AGNIFILO: When?
DAVID JAMES: That --
MR. AGNIFILO: No. I mean, did you ever -- My bad. Did you ever tell him that you actually never did file the police report?
DAVID JAMES: No.
MR. AGNIFILO: Did he ever ask you about it again?
DAVID JAMES: No.
MR. AGNIFILO: To your knowledge, was there some sort of relationship between Chef Jordan and Roger Bonds?
MS. SLAVIK: Objection.
THE COURT: Sustained. It's sustained.
MS. SLAVIK: It's beyond --
THE COURT: Sustained.
MS. SLAVIK: Thank you.
MR. AGNIFILO: Fine. Thank you.
DAVID JAMES: Thank you. Thank you.
MS. SLAVIK: Nothing further, your Honor. Thank you.
THE COURT: All right. Thank you very much, Mr. James.
DAVID JAMES: Thank you. Can I go home now?
THE COURT: Yes, you can.
DAVID JAMES: Thank you.
(Witness excused)
THE COURT: The government may call its next witness.
MR. AGNIFILO: Your Honor, can I ask for a three-minute break?
THE COURT: You can ask for -- Let's take ten minutes and we'll come back.
MR. AGNIFILO: Thank you, Judge. I apologize.
THE COURT: Hold on. All rise. We'll take ten minutes. See you back in ten minutes.
(Jury not present)
THE COURT: We'll be back in ten.
MR. AGNIFILO: Thank you, Judge.
(Recess)
THE COURT: Please be seated and let's get our jury.
(Jury present)
THE COURT: Welcome back. We're going to try to get the temperature turned up just a few degrees. I've been told it's very complicated to change the temperature in this courtroom, but I am freezing here right with you. With that, the government may call its next witness.
MS. JOHNSON: Thank you, your Honor. The government calls Regina Ventura.
THE COURT: Welcome. You can come right up here.
COURT CLERK: Just remain standing for a moment and please raise your right hand. REGINA VENTURA, called as a witness by the Government, having been duly sworn, testified as follows: Thank you. You may be seated.