DIRECT EXAMINATION BY MS. SMYSER:
MS. SMYSER: Good afternoon, Special Agent Gannon.
GERARD GANNON: Good afternoon.
MS. SMYSER: Where do you work?
GERARD GANNON: I work at Homeland Security Investigations in Miami, Florida.
MS. SMYSER: What is your title with Homeland Security?
GERARD GANNON: I'm a Special Agent.
MS. SMYSER: How long you have worked for Homeland Security?
GERARD GANNON: A little over five years.
MS. SMYSER: Did you work in law enforcement before that?
GERARD GANNON: I did.
MS. SMYSER: What did you do?
GERARD GANNON: I worked as a Deputy U.S. Marshal in DC and as a police officer in Round Lake Police Department in Illinois.
MS. SMYSER: Prior to joining law enforcement, what were you doing?
GERARD GANNON: I was in the U.S. Army Reserves as an officer.
MS. SMYSER: How long were you in the Army Reserves?
GERARD GANNON: Approximately six years.
MS. SMYSER: What was your title when you left the Army?
GERARD GANNON: I had the rank of captain.
MS. SMYSER: Do you work in a particular group at HSI now?
GERARD GANNON: I do.
MS. SMYSER: What group is that?
GERARD GANNON: I'm a part of the national security group.
MS. SMYSER: When did you begin working for the national security group?
GERARD GANNON: It was approximately the week of January 20 of this year.
MS. SMYSER: I want to take you back to March of 2024. What group were you working with then?
GERARD GANNON: I was part of the Miami human trafficking group.
MS. SMYSER: How long had you been a part of the human trafficking group?
GERARD GANNON: Total time, almost four years.
MS. SMYSER: What were some of your responsibilities as a Special Agent with the human trafficking group?
GERARD GANNON: I was responsible for investigating sex trafficking and labor trafficking within Miami-Dade County.
MS. SMYSER: As a Special Agent with HSI, have you participated in the searches of homes?
GERARD GANNON: Yes, I have.
MS. SMYSER: You have received training on how to execute search warrants at homes?
GERARD GANNON: Yes, I have.
MS. SMYSER: Could you please describe some of that training for the jury?
GERARD GANNON: I participated in the criminal investigative training program in Glynco, Georgia, before we received training on executing search warrants, as well as the Homeland Security Investigations Special Agent training program, also in Glynco, where we learned how to the HSI process of executing search warrants and backing evidence and chain of custody.
MS. SMYSER: Approximately how many searches of homes have you done or assisted with?
GERARD GANNON: With HSI, approximately five.
MS. SMYSER: Special Agent Gannon, now I want to direct your attention to March 25 of 2024. Did you participate in a search of a property that day?
GERARD GANNON: Yes, I did.
MS. SMYSER: What was the address of that property?
GERARD GANNON: It was 2 Star Island Drive in Miami Beach, Florida.
MS. SMYSER: Who owns 2 Star Island?
GERARD GANNON: It belongs to Sean Combs.
MS. SMYSER: Was the search of 2 Star Island authorized by a search warrant?
GERARD GANNON: Yes, it was.
MS. SMYSER: Who got that search warrant?
GERARD GANNON: It was the HSI New York agent, Sean Quinn.
MS. SMYSER: How did you become involved with the search?
GERARD GANNON: Due to it being a human trafficking investigation, it was assigned to the human trafficking group in Miami, Florida, due to the residence being in the area of responsibility of Miami, Florida. Me being a part of that group, I was chosen to be the Special Agent on the ground in charge of that operation.
MS. SMYSER: So what was your specific role in regard to this search in Miami?
GERARD GANNON: So I was responsible for the overall planning, the tasking of agents, gathering the necessary resources for the search. The day of the operation, actually being on the ground, managing the search, all the way to the conclusion of every agent leaving the property.
MS. SMYSER: Approximately how many other law enforcement officers were involved in the execution of this search?
GERARD GANNON: It was 80 to 90, approximately, overall that helped out with the execution of search warrant that day.
MS. SMYSER: Is it typical for a search to involve that many agents?
GERARD GANNON: It does not, no.
MS. SMYSER: Why were there so many?
GERARD GANNON: Due to the size of the property, as well as the security measures on the property. It required our special response team to be involved. They have special equipment to be able to get through, to deal with those security measures on property like that, as well as the possibility of having armed security. So they were involved, which increased the number of agents. And due to the size of the property being approximately 20,000 square feet, it required a lot of agents to search.
MS. SMYSER: Approximately how many special response team members were involved?
GERARD GANNON: Approximately 25.
MS. SMYSER: What did they do at this particular search?
GERARD GANNON: They helped clear -- they gained entrance to the property, helped clear the property, and make it safe for the rest of us to go in and begin actually searching the property.
MS. SMYSER: Could you just explain what you mean when you say they were clearing the property?
GERARD GANNON: So the SRT, they get specialized training in actual breaking through security measures on property, as well as they have more experience clearing rooms and large structures. Since the manpower that would be required to do that would take a lot of agents that don't have as much experience, they were utilized so because of their efficiency in actually clearing rooms, checking for individuals on the property, removing them from the property, and then turning it over to us, the rest of the agents, to actually begin the search.
MS. SMYSER: Just to make sure I understand, when they are clearing the property, are they ensuring there are no people on the property?
GERARD GANNON: They are ensuring there is no people, as well as no -- nothing that could hurt any agents that are on the property afterwards.
MS. SMYSER: What time of day did you execute the search warrant?
GERARD GANNON: It was approximately 3:40 p.m.
MS. SMYSER: Is that the time of day that search warrants are typically executed?
GERARD GANNON: No. Typically they are executed at 6:00 a.m.
MS. SMYSER: Why did this search begin in the afternoon?
GERARD GANNON: It was decided -- we had information that the defendant and his family were going to be taking a trip out of the country via plane. So we thought it was best to wait until him and his family had left the property to actually execute the search warrant.
MS. SMYSER: I want to talk a little bit about Star Island. Could you explain where Star Island is?
GERARD GANNON: Star Island is a small island where people with -- usually celebrities or rich people live. There is a two-lane road to get onto the property, onto the island. They have a security gate, as well, you have to go through, to get on the actual island. And you also can reach it via boat, each -- most of the properties have a pier behind them to reach the island.
MS. SMYSER: Was there direct access via water to 2 Star Island in particular?
GERARD GANNON: Yes. There was a small pier that you could -- that was behind the actual property.
MS. SMYSER: What, if any, security concerns did that pier create during the search?
GERARD GANNON: Initially, when SRT moved onto the property, they had a team that was on the -- that had -- that were on boats behind the property to maintain security, so that people leaving, they could intercept anybody trying to leave the property, and also make sure nobody could get onto the property.
MS. SMYSER: Special Agent Gannon, now I want to show you what's been marked for identification as Government Exhibit 1B-101. Do you recognize this?
GERARD GANNON: Yes. It's a Google view of Star Island and the surrounding area.
MS. SMYSER: And how do you recognize it?
GERARD GANNON: I recognize it because I used Google maps to -- during the briefing to show where Star Island actually was.
MS. SMYSER: Is this a fair and accurate representation of Star Island on a map?
GERARD GANNON: Yes, it is.
MS. SMYSER: Your Honor, the government offers Government Exhibit 1B-101.
THE COURT: All right. 1B-101 will be admitted.
(Government's Exhibit 1B-101 received in evidence)
MS. SMYSER: Ms. Foster, could you please publish that for the jury.
BY MS. SMYSER:
MS. SMYSER: Special Agent Gannon, could you please describe where Star Island is on this map?
GERARD GANNON: Star Island is north of MacArthur Crossway. It's to the west to the main Miami Beach, South Beach, and next to Hibiscus Island.
MS. SMYSER: And so it's kind of in the middle of this map?
GERARD GANNON: Close to the middle of the map, yes.
MS. SMYSER: Where is the two-lane road that you were talking about that goes on and off of Star Island?
GERARD GANNON: It's the gray line connecting MacArthur Crossway to Star Island.
MS. SMYSER: And what is MacArthur Crossway?
GERARD GANNON: It's a main -- it's one of the main roads that connects Miami Beach to the rest of Miami.
MS. SMYSER: What does the red marker on Star Island indicate?
GERARD GANNON: That's a pin for where roughly 2 Star Island is located.
MS. SMYSER: Could you just explain what kind of property 2 Star Island is?
GERARD GANNON: Yes. It's approximately 20,000 square feet. It's surrounded by walls, has a gate in the front, and there is two main structures on the property, the main residence and then a smaller guest house-type residence.
MS. SMYSER: Special Agent Gannon, now I want to direct your attention to the binder to your left.
MS. SMYSER: And, Ms. Foster, you can take this down.
MS. SMYSER: Particularly, to the first tab of that binder, which contains what has been marked for identification as Government Exhibit 2B-105, 2B-106, and 1B-102 through 105. Could you please look through that and look up when you're finished. Do you recognize what is contained in the first tab of the binder?
GERARD GANNON: I do.
MS. SMYSER: What is it?
GERARD GANNON: There are pictures of the 2 Star Island property.
MS. SMYSER: How do you know that's what they are?
GERARD GANNON: I've seen what the island -- what the property looks like on the island.
MS. SMYSER: Are these photographs fair and accurate representations of the 2 Star Island property on the day of the search?
GERARD GANNON: Yes, they are.
MS. SMYSER: The government offers Government Exhibits 2B-105, 2B-106, and 1B-102 through 105.
THE COURT: Any objection?
MS. GERAGOS: No objection.
THE COURT: Those exhibits will be admitted.
(Government's Exhibits 2B-105, 2B-106, and 1B-102 through 1B-105 received in evidence)
MS. SMYSER: Ms. Foster, could you please pull up Government Exhibit 1B-102.
MS. SMYSER: Special Agent Gannon, could you please explain what we're looking at here and, in particular, what the yellow lines represent?
GERARD GANNON: This is a top down view of the 2 Star Island property, and the yellow lines indicate the property lines for that.
MS. SMYSER: Looking at this paragraph, what is the property to the south of 2 Star Island?
GERARD GANNON: That is 1 Star Island.
MS. SMYSER: Who owns 1 Star Island?
GERARD GANNON: It belongs to Sean Combs.
MS. SMYSER: Did you search 1 Star Island?
GERARD GANNON: We did not.
MS. SMYSER: I want to focus back on 2 Star Island. Special Agent Gannon, could you please point out or describe where you entered the property?
GERARD GANNON: So we entered the property where you can see in the top right-hand corner of the photo, where it says Island Drive. That is the street and it -- there's a gate that's connected to the property from there.
MS. SMYSER: What is the first structure you see when you enter through that gate?
GERARD GANNON: That is the guest house that I mentioned previously.
MS. SMYSER: And what is contained in that building?
GERARD GANNON: Inside that building, there is a gym on the first floor, as well as what would be, like, a security shack for guards to encounter whoever comes through the gate immediately, and then on top of that is where there is bedrooms and bathrooms for people who can stay on the property, as well as a small studio.
MS. SMYSER: And what is the large building in the center of the property?
GERARD GANNON: That's the main -- the main residence.
MS. SMYSER: At a high level, what's contained in the main residence?
GERARD GANNON: The master bedroom, kitchen, dining room, other bedrooms.
MS. SMYSER: There appears to be three roofs to the north of the main building. What are those?
GERARD GANNON: Those are just for design. That's the actual entrance to the main residence.
MS. SMYSER: OK. We'll come back to the main building shortly. But first, what is located behind the main building?
GERARD GANNON: Behind the main residence, there is a pool, as well as a couple of huts that are covered space back there.
MS. SMYSER: Ms. Foster, could you please pull up Government Exhibit 1B-103.
MS. SMYSER: Special Agent Gannon, when was this photo taken?
GERARD GANNON: That was taken the day of the operation, after we had made entrance onto the property.
MS. SMYSER: What does it show?
GERARD GANNON: It shows the gate broken through, the guest house on the left-hand side, and the main residence directly in front.
MS. SMYSER: Was this how the gate appeared when HSI arrived on the property?
MS. SMYSER: What happened to it?
GERARD GANNON: The SRT used their armored vehicle to break through the gate to gain entrance onto the property.
MS. SMYSER: And why did they use an armored vehicle?
GERARD GANNON: That's the standard vehicle that SRT travels in whenever they are conducting operations. Due to the size of the gate, it's -- they deemed that was the quickest and safest option to be able to get onto the property, using the actual vehicle to push the gate open and break the gate.
MS. SMYSER: Why did they need to break open the gate?
GERARD GANNON: That's standard practice when conducting a search warrant for us to gain access to the property as quickly as possible. It's for officer safety reasons to not allow any bad actors to be able to try to set up positions to be able to do harm to law enforcement.
MS. SMYSER: All right. Could you please describe what structures are pictured in this photograph?
GERARD GANNON: The structure to the left, where a bunch of agents are standing, there is a pillar there, that is the guest residence. You can see in the top left of the picture where the lights are, that's the second story of where the bedrooms are located. Then behind them you see the van. The van is parked right in front of the doorway to the main residence.
MS. SMYSER: Earlier you mentioned three roofs next to the main building. Can you see any of those here?
GERARD GANNON: Yes. You can see the first one closest to the street with the four windows, and then the roof right above it.
MS. SMYSER: Ms. Foster, could you please pull up Government Exhibit 1B-104.
MS. SMYSER: Special Agent Gannon, what is this?
GERARD GANNON: That's another picture of the front entrance to the main residence.
MS. SMYSER: What do you see right when you enter the main building?
GERARD GANNON: Right when you enter, there's a staircase that leads to the second floor.
MS. SMYSER: Where on the second floor does that staircase lead?
GERARD GANNON: It leads to the entrance to the master bedroom and one of the master closets.
MS. SMYSER: Ms. Foster, could you please pull up Government Exhibit 2B-105.
MS. SMYSER: What are we looking at here?
GERARD GANNON: This is the rear of the property where the pier is at, and you can see the pool behind the main residence.
MS. SMYSER: Are there any storage areas located behind the residence?
GERARD GANNON: Yes. There is, where you see the door, that is an underground storage area where it goes down to underneath, roughly, where the pool is at. That's used for storage.
MS. SMYSER: Ms. Foster, could you please display Government Exhibit 1B-105.
MS. SMYSER: What is shown here?
GERARD GANNON: This is the back of the residence from underneath the hut that was furthest back.
MS. SMYSER: Is the master bedroom visible in this photograph?
GERARD GANNON: Yes. You can see the windows to the left of the balcony. Those are the windows for the master bedroom.
MS. SMYSER: Special Agent Gannon, next I would like to talk about how the search was conducted.
MS. SMYSER: And, Ms. Foster, you can take that down.
MS. SMYSER: What was the general process by which this property was searched?
GERARD GANNON: So, once we got onto the property, SRT cleared the property, turned it over to myself. I took control of the property. I walked around the property to assess how it looked and to figure out -- making sure our plan of attack for actually searching it, if it was viable. We recorded what the property looked like when we took it over. And then from there, we labeled each room, and then I assigned teams of two to search each room. Sometimes two teams of two, depending on the size of the room to search. And then from there, if they found anything, the process was to contact the photographer. The photographer would take photos of the items that they found before they actually bagged it. We had somebody logging the photographs to make it easier to ID what photos were with what -- what rooms they found evidence in. And then once that was done, they would bag the evidence, document it on a piece of paper, or general description of what the item was, who found it, and the room it was found in. From there, they would bring it down to our property specialist. He was the one, that was his van you saw in the photo that was parked out front. He would take the evidence from them, document the item, and then put it inside the van for transport.
MS. SMYSER: You mentioned that photographs were taken of items of interest, is that right?
GERARD GANNON: Yes, there were.
MS. SMYSER: Where were those photographs taken?
GERARD GANNON: They were taken, if possible, if the item was in a spot where they hadn't been moved yet, say someone opened a drawer and found an item that was to be collected, they would try to leave it that place and then the photo would be taken as close to where they found it as possible. Sometimes that wasn't always the case, because items were on shelves. They didn't know what they had until they took it off the shelf. There, they put it down in the general area where they found it to be photographed.
MS. SMYSER: Special Agent Gannon, where were you typically located during the search?
GERARD GANNON: I was typically located near the evidence van so that I could see the evidence that was coming in to the property specialist. And if I wasn't there, it was because I was around the property, if somebody had questions about anything that they found, to determine whether if it was something that we were going to seize.
MS. SMYSER: So were there times where you actually walked around to the different rooms of 2 Star Island?
GERARD GANNON: Yes.
MS. SMYSER: When you were on the property, did you have any role in ensuring the items seized were properly documented?
GERARD GANNON: Yes. Ultimately, it falls on me at the end. After we collect all items that we collected, it was my responsibility to ensure we had all those specific items, document what those items were, because we were required to leave a receipt for the owner to document what items we took from them, you know, as a chain of custody, got copies left with them, along with a copy of the search warrant.
MS. SMYSER: So what was the process you went through as you were filling out that form?
GERARD GANNON: So as each item that was coming into the property specialist, I actually saw quite a few of the items. Either they were found when I was around them or I saw them come to the actual van. I was responsible for looking through the items that he had documented and making sure that we had every single item before we actually left the property. So putting eyes on the actual property before we left.
MS. SMYSER: Where was the evidence taken after the search?
GERARD GANNON: After that, it was transported to our office and locked in the vault, property vault that we have.
MS. SMYSER: What, if anything, did you do related to the evidence when it got back to the office?
GERARD GANNON: So after it -- after that night, we locked it up. The next day we came back and I went through every single piece of evidence and broke down the evidence that we had into different categories. Per our policy, such as firearms or narcotics, they have to be separated, any ammunition has to be removed from, say, magazines from firearms, or different narcotics have to be separated out. And those all became separate, what are referred to as, line items. And those were all broken out by me, documented in our online system, and then all those bags were sealed up with chain of custody forms, which are referred to as 6051s. And I signed every single one of those 6051s.
MS. SMYSER: OK. Special Agent Gannon, next I want to talk about some of the particular items that you seized. So before we look at the items individually, could you please turn to the second tab of the binder in front of you. This tab contains what's been marked for identification as Government Exhibits 1B-200 through 202, 1B-204 through 208, 1B-210, 1B-212, 1B-215, 1B-217 through 219, 1B-221, 1B-222, 1B-225 through 228, 1B-230 through 242, 1B-244, 1B-247, 1B-249 through 252, 1B-254 through 258, 1B-261, 1B-263, and 1B-265. Could you please look through those photographs and then look up when you're done. Do you recognize those?
GERARD GANNON: I do.
MS. SMYSER: What are they?
GERARD GANNON: They are pictures of evidence that was seized or items that were located during the search warrant at 2 Star Island.
MS. SMYSER: How do you know that?
GERARD GANNON: I recognize the photos from seeing them and reviewing them prior and actually seeing the items there on the property.
MS. SMYSER: Are these photographs a fair and accurate representation of the items you seized and things that you saw at 2 Star Island?
GERARD GANNON: Yes, they are.
MS. SMYSER: Your Honor, the government offers the exhibits that I just listed for identification purposes.
THE COURT: Any objection?
MS. GERAGOS: No.
THE COURT: Those exhibits will be admitted.
(Government's Exhibits 1B-200 through 202, 1B-204 through 208, 1B-210, 1B-212, 1B-215, 1B-217 through 219, 1B-221, 1B-222, 1B-225 through 228, 1B-230 through 242, 1B-244, 1B-247, 1B-249 through 252, 1B-254 through 258, 1B-261, 1B-263, and 1B-265. received in evidence)
MS. SMYSER: We're going to go through those items, but first, I just want to orient everyone. So let's turn to the main building.
MS. SMYSER: Special Agent Gannon, I'm going to show you what's been marked for identification as Government Exhibit 1B-106.
MS. SMYSER: So, Ms. Foster, could you please pull that up for the witness and the parties only.
MS. SMYSER: Special Agent Gannon, do you recognize what this is?
GERARD GANNON: Yes. This is a sketch of part of the first floor of the main residence.
MS. SMYSER: And, Ms. Foster, could you please scroll through the pages of this document.
MS. SMYSER: Special Agent Gannon, what do the remainder of the pages of this document contain?
GERARD GANNON: That's a sketch of the property.
MS. SMYSER: How do you know that?
GERARD GANNON: I recognize it from seeing the sketch that was actually sketched by the agent.
MS. SMYSER: Are any structures missing from this sketch?
GERARD GANNON: Yes.
MS. SMYSER: What?
GERARD GANNON: The basement or what was termed the basement was not annotated on the outside. At the time, the basement was not labeled. The agent didn't realize that there was that room there behind one of the huts outside.
MS. SMYSER: Other than the basement, is this a fair and accurate representation of the layout of the 2 Star Island properties?
GERARD GANNON: Yes, it is.
MS. SMYSER: Your Honor, the government offers Government Exhibit 1B-106.
MS. GERAGOS: No objection.
THE COURT: All right. 1B-106 will be admitted.
(Government's Exhibit 1B-106 received in evidence)
MS. SMYSER: Ms. Foster, could you please publish for the jury.
MS. SMYSER: We're looking at the first page of this document here. And, Special Agent Gannon, could you please describe at a high level what this shows?
GERARD GANNON: This is part of the first floor, the front entrance, the stairs, the couple closets to the left, once you enter in the front entrance and, like, the living space with chairs and couches.
MS. SMYSER: And where is the front door?
GERARD GANNON: The front door would be in the bottom right of the sketch.
MS. SMYSER: Ms. Foster, could you please turn to page four.
MS. SMYSER: What does this show?
GERARD GANNON: This shows the layout of the second floor.
MS. SMYSER: Where did the stairs that you just referenced lead?
GERARD GANNON: The stairs lead up, where it's labeled P and it's the middle of the sketch where it says stairs, that's where the stairs lead up to.
MS. SMYSER: Mr. Foster, could you zoom in on the bottom half of this sketch below room Y.
MS. SMYSER: Special Agent Gannon, could you point out where the master bedroom is?
GERARD GANNON: The master bedroom was labeled Q.
MS. SMYSER: Is there a master bathroom?
GERARD GANNON: Yes. One of the master bathrooms is labeled S.
MS. SMYSER: And are there closets for the master bedroom?
GERARD GANNON: Yes. One of them is labeled R.
MS. SMYSER: So I want to zoom out just for a second. Are there other closets for the master bedroom?
GERARD GANNON: Yes.
MS. SMYSER: Where are those located on the sketch?
GERARD GANNON: It's labeled U.
MS. SMYSER: Were you personally in all of these rooms at some point during the search?
GERARD GANNON: I was personally at all of them, except for what was labeled the basement outside.
MS. SMYSER: Let's start with room R, which is one of the closets that you just mentioned. Is that in the bottom left of this sketch?
GERARD GANNON: Yes, it is.
MS. SMYSER: How big is room R?
GERARD GANNON: I would say approximately maybe the size of two rooms in a single family home, like two bedrooms.
MS. SMYSER: Ms. Foster, could you please display Government Exhibit 1B-217.
MS. SMYSER: What is this?
GERARD GANNON: This is a picture of one of the shelves just to the left as you enter into room R.
MS. SMYSER: Is this all of room R or just part of it?
GERARD GANNON: This is just part of it.
MS. SMYSER: What are some of the things found on these shelves?
GERARD GANNON: Um, there were upper and lower receivers, AR 15s, found on the top shelf, along with some platform high heels. There was also some sex toys, baby oil, Astroglide lubricant, and condoms, as well as some lingerie.
MS. SMYSER: Ms. Foster, could you just zoom in on the second shelf on the bottom.
MS. SMYSER: What is in the crate to the left?
GERARD GANNON: To the left are bottles of baby oil and Astroglide lubricant.
MS. SMYSER: Ms. Foster, could you please pull up Government Exhibit 1B-222.
MS. SMYSER: What is generally shown in this picture?
GERARD GANNON: These are pictures of some platform high heels, lingerie, as well as the lower receivers, AR-15 lower receivers, and the upper receiver, which is in a towel.
MS. SMYSER: We'll walk through those in a moment. But lower receivers and upper receivers, are those parts of a gun?
GERARD GANNON: Yes, they are parts of an AR-15 rifle.
MS. SMYSER: And are you familiar with AR-15s?
GERARD GANNON: Yes, I am.
MS. SMYSER: How are you familiar with AR-15s?
GERARD GANNON: From my experience in the U.S. Army Reserves, as well as my time in law enforcement.
MS. SMYSER: Ms. Foster, could you please zoom in on the white towel and the cardboard box toward the bottom of the screen.
MS. SMYSER: Special Agent Gannon, what is contained in the towel?
GERARD GANNON: Inside the towel are two upper receivers for an AR-15.
MS. SMYSER: We'll look at those in just a moment. First, what are upper receivers?
GERARD GANNON: The upper receiver for an AR-15, it contains the barrel, the ejection port, usually sights, if they are on top, as well as the bulk carrier group for the AR-15 rifle.
MS. SMYSER: What is contained in the box?
GERARD GANNON: Inside the box are two lower receivers, AR-15 lower receivers, and magazines.
MS. SMYSER: What are lower receivers?
GERARD GANNON: The lower receiver of the AR-15 is where the fire control group or the trigger is located, as well as pistol grips, the mag well, when you insert the magazine, the buffer tube, and the stock.
MS. SMYSER: You mentioned magazines. What are those?
GERARD GANNON: Magazines are the feeding device for the bullets for the AR-15.
MS. SMYSER: So does it hold the bullets?
GERARD GANNON: Yes, it holds the bullets.
MS. SMYSER: OK. Let's talk first about the upper receivers.
MS. SMYSER: Ms. Foster you could you please display Government Exhibit 1B-219.
MS. SMYSER: What is this?
GERARD GANNON: Those are two AR-15 upper receivers.
MS. SMYSER: And as you indicated, these were found inside of the towel?
GERARD GANNON: Yes. They were wrapped up in the towel and taped.
MS. SMYSER: OK. Ms. Foster, could you please display Government Exhibit 1B-218.
MS. SMYSER: Is this a zoomed-in version of that picture?
GERARD GANNON: Yes, it is.
MS. SMYSER: What is the make of the top upper receiver here?
GERARD GANNON: The top upper receiver is made by BCM, which is Bravo Company Manufacturing.
MS. SMYSER: What is located on the top of the BCM upper receiver?
GERARD GANNON: That is a Holosun red dot optic.
MS. SMYSER: What is a red dot optic?
GERARD GANNON: A red dot optic is a projected red dot that allows you to be more accurate when firing a firearm.
MS. SMYSER: Are red dot optics commonly sold as part of an AR-15?
GERARD GANNON: Usually not.
MS. SMYSER: Were you able to determine the make of the other upper receiver in this photograph?
GERARD GANNON: We were not.
MS. SMYSER: Does that upper receiver also have a red dot optic?
GERARD GANNON: It does not have a red dot optic. It has iron sights.
MS. SMYSER: And what is an iron site?
GERARD GANNON: An iron site is a mechanical -- usually, it's a steel post that also has on one end, which is in the front, then the back has a post that has a circle. And you line up the thin post within the middle of the circle to aim the rifle.
MS. SMYSER: Is it easier or harder to hit a target using the iron sight as compared to that red dot optic you were describing before?
GERARD GANNON: It's more difficult with an iron site compared to a red dot.
MS. SMYSER: Special Agent Gannon, I want to now direct your attention to a few items in that cart beside you, specifically what's been marked for identification as Government Exhibit 1B-120 and 1B-121, which should be on the top.
MS. SMYSER: You can leave that up, Ms. Foster.
MS. SMYSER: Special Agent Gannon, what are those?
GERARD GANNON: These are the items that are in the photo.
MS. SMYSER: Are they the same upper receivers that are in the photograph?
GERARD GANNON: Correct.
MS. SMYSER: How do you know that?
GERARD GANNON: I recognize them, as well as the chain of custody form has my signature on them.
MS. SMYSER: Your Honor, the government offers Government Exhibits 1B-120 and 1B-121.
MS. GERAGOS: No objection.
THE COURT: All right. Those will be admitted.
(Government's Exhibits 1B-120 and 1B-121 received in evidence)
BY MS. SMYSER:
MS. SMYSER: Special Agent Gannon, is there anything on these upper receivers that was not there when they were found?
GERARD GANNON: Yes, there are.
MS. SMYSER: What has been added to them?
GERARD GANNON: They are zip ties that are tied around the ejection port, as well as the bolt carrier group.
MS. SMYSER: What is the purpose of those zip ties?
GERARD GANNON: It is to make sure that if a round is ever inserted, that it would not be able to be fired.
MS. SMYSER: So the guns cannot be fired right now, is that correct?
GERARD GANNON: Correct.
MS. SMYSER: So, please cut open Government Exhibit 1B-120. There should be scissors there to your left. Could you please remove the upper receiver and display it for the jury. You can stop there. Thank you. You can set those two to the side. Next we're going to focus on the lower receivers.
MS. SMYSER: And while he is putting those away, Ms. Foster, could you please display Government Exhibit 1B-225.
MS. SMYSER: What does this show?
GERARD GANNON: This was a picture pressure of the two lower receivers found in the box along with two magazines.
MS. SMYSER: Were these wrapped in anything like the upper receivers?
GERARD GANNON: They were not.
MS. SMYSER: How, if at all, could these lower receivers be made into a functional gun?
GERARD GANNON: So both of the lower receivers have pins, one in the front and one to the back, that those are the circular holes above the safety selector switch that's above the pistol grip. Those pop out and those -- they line up with -- when you put the upper receiver right on top, they have holes where those pins pop right in. You pop those in and that completes the firearm.
MS. SMYSER: So could these lower receivers be connected to the upper receivers that we were just looking at?
GERARD GANNON: Yes, they could.
MS. SMYSER: There are some black items to the left and the right of this photograph. What are those?
GERARD GANNON: Those are two magazines.
MS. SMYSER: And where were the magazines found?
GERARD GANNON: They were found inside the box with the two lower receivers.
MS. SMYSER: OK. Was anything found inside of the magazines?
GERARD GANNON: Yes. They were loaded with bullets.
MS. SMYSER: Are these magazines compatible with a lower receivers in the photo?
GERARD GANNON: Yes, they are.
MS. SMYSER: OK. Ms. Foster, could you please display Government Exhibit 1B-226 side by side with 227.
MS. SMYSER: What do these show?
GERARD GANNON: These show the magazine well of the two upper receivers with the serial numbers cut out.
MS. SMYSER: As part of your time in law enforcement, are you familiar with firearms serial numbers?
GERARD GANNON: Yes, I am.
MS. SMYSER: What is the purpose of serial numbers?
GERARD GANNON: The purpose of the serial number is to identify the originating manufacturer all the way up to who actually owned the firearm, if it's ever found during a crime.
MS. SMYSER: Are firearms supposed to have serial numbers?
GERARD GANNON: Yes, they are.
MS. SMYSER: I think you mentioned the serial numbers here were cut out, is that correct?
GERARD GANNON: Yes, they were.
MS. SMYSER: So do these firearms have serial numbers?
GERARD GANNON: They do not.
MS. SMYSER: Where were they cut out? Can you describe that for the jury on the photograph?
GERARD GANNON: Yes. They are -- the serial numbers are right below the logos, usually where the -- see at the bottom or at the top. In the case, one of them has it at the bottom, one has it at the top.
MS. SMYSER: And what is the law enforcement purpose of a serial number?
GERARD GANNON: The law enforcement purpose would be to help identify who the owner of the actual firearm is, if it's ever recovered.
MS. SMYSER: And if there is not a serial number, is it more difficult to do that identification?
GERARD GANNON: It's either -- it's a lot more difficult or impossible.
MS. SMYSER: Special Agent Gannon, I want to direct your attention back to the cart, to what's been marked for identification as Government Exhibit 1B-122 and 1B-123. What are those?
GERARD GANNON: These are the two lower receivers that are pictured here.
MS. SMYSER: How do you know that they are the same lower receivers that are in this paragraph?
GERARD GANNON: I recognize them, as well as the 6051 has my signature on it.
MS. SMYSER: The government offers Government Exhibit 1B-122 and 1B-123.
MS. GERAGOS: No objection.
THE COURT: All right. They will be admitted.
(Government's Exhibits 1B-122 and 1B-123 received in evidence)
BY MS. SMYSER:
MS. SMYSER: Special Agent Gannon, are you familiar with semi-automatic AR-15s and fully automatic AR-15s?
GERARD GANNON: Yes, I am.
MS. SMYSER: What does it mean if an AR-15 is semi-automatic?
GERARD GANNON: If it's semi-automatic, it means that with each trigger pull, one trigger pull, one bullet gets fired. You have to release the trigger and pull it again for another bullet to be fired.
MS. SMYSER: What about if an AR-15 is fully automatic?
GERARD GANNON: If it's fully automatic, you pull the trigger once, and it will fire either all the rounds or it will -- it will only stop when it runs out, or unless you release the trigger.
MS. SMYSER: Do these guns appear to be semi-automatic or fully automatic?
GERARD GANNON: They appear to be semi-automatic.
MS. SMYSER: Can you tell if that was always the case?
GERARD GANNON: They both have indicators on the -- where the safety selector lever is. They both say or have some type of indication that it could have been full auto at some point, but the safety selector lever only goes to the semi.
MS. SMYSER: From your experience, are guns that are manufactured as semi-automatic AR-15s, do those typically have a fully automatic setting?
GERARD GANNON: They usually do not.
MS. GERAGOS: Objection, your Honor. Move to strike.
THE COURT: Sustained. The jury should disregard the witness's last answer.
MS. SMYSER: All right. Ms. Foster, could you please display Government Exhibit 1B-228.
MS. SMYSER: What is this?
GERARD GANNON: This is a picture of one of the magazines with the ammunition inside.
MS. SMYSER: All right. Special Agent Gannon, I want to direct your attention to what's been marked for identification next to you as Government Exhibit 1B-126 and 1B-127, next to you in the cart. What are those?
GERARD GANNON: These are the 10 and 30-round magazines.
MS. SMYSER: Are those the same ones that you found at 2 Star?
GERARD GANNON: Yes, they are.
MS. SMYSER: How do you know?
GERARD GANNON: I recognize them, as well as the 6051 has my signature on them.
MS. SMYSER: Your Honor, the government offers Government Exhibits 1B-126 and 1B-127.
MS. GERAGOS: No objection.
THE COURT: All right. They will be admitted.
(Government's Exhibits 1B-126 and 1B-127 received in evidence)
BY MS. SMYSER:
MS. SMYSER: OK. Special Agent Gannon, let's now turn to two more items in your cart, specifically Government Exhibit 1B-124 and 1B-125. What are those?
GERARD GANNON: These are the ammunition that was in each of those 10-round and 30-round magazines.
MS. SMYSER: OK. And how do you know that?
GERARD GANNON: They have the 6051 with my signature on them. Both of them do.
MS. SMYSER: Your Honor, the government offers Government Exhibit 1B-124 and 1B-125.
MS. GERAGOS: No objection.
THE COURT: All right. 1B-124 and 1B-125 will be admitted.
(Government's Exhibits 1B-124 and 1B-125 received in evidence)
BY MS. SMYSER:
MS. SMYSER: Special Agent Gannon, how many bullets were inside the 30-round magazine?
GERARD GANNON: There was 19 rounds in the 30-round magazine.
MS. SMYSER: And when about the 10-round magazine?
GERARD GANNON: It had 10 rounds.
MS. SMYSER: Ms. Foster, could you please display Government Exhibit 1B-221.
MS. SMYSER: Special Agent Gannon, could you remind us where these items were found?
GERARD GANNON: These were found on the top shelf of the -- in room R, just to the left to the photo we saw earlier on the top shelf.
MS. SMYSER: What kinds of items do you see here aside from guns?
GERARD GANNON: There were platform high heels and some lingerie.
MS. SMYSER: OK. Approximately how tall were the heels?
GERARD GANNON: Seven inches.
MS. SMYSER: All right. I want to direct your attention to a few items in your cart, specifically Government Exhibit 1B-145 and 1B-146. What are these items?
GERARD GANNON: These are the high heels that were in the photo.
(Continued on next page)
MS. SMYSER: How do you know they're the same high heels that were in the photo?
GERARD GANNON: I recognize them, as well as the 6051 has my signature on both of them.
MS. SMYSER: Your Honor, the government offers Government Exhibits 1B-145 and 1B-146.
MS. GERAGOS: No objection.
THE COURT: They will be admitted.
(Government's Exhibits 1B-145, 1B-146 received in evidence)
MS. SMYSER: Your Honor, this may be a good place to break for the day, unless you'd like to keep going.
THE COURT: Thank you, members of the jury. We'll be back here at 8:45 to start at 9:00 a.m. Thank you, again, for all your hard work and close attention today. Don't talk to each other about the case, don't talk to anybody else, don't look up anything about this case, don't let anyone talk to you about anything having to do with this case. With that, have a great evening and we'll see you all here tomorrow. All rise.
(Jury not present)
(Continued on next page)
THE COURT: Special Agent Gannon, we'll see you here tomorrow.
(Witness not present)
THE COURT: Ms. Comey, who are we looking at as our next witnesses after special gentleman Gannon?
MS. COMEY: Your Honor, as we informed defense counsel earlier today, we expect to call Dawn Hughes after Agent Gannon finishes, after that I expect we'll call George Kaplan, and after that we're planning to call Scott Mescudi, and we think that will take us through the end of the day tomorrow. Mr. Mescudi may not get to the stand until even Thursday morning.
THE COURT: So you think it may be just Dawn Hughes, George Kaplan tomorrow, and Mr. Mescudi Thursday?
MS. COMEY: Yes, your Honor.
THE COURT: And maybe start with Mr. Mescudi tomorrow.
MS. COMEY: Yes, your Honor, that's right. I'll note that, I'm not certain, but it is possible that we may need to deal with implication of the Fifth Amendment as to Mr. Kaplan. I'm still speaking to his counsel as to whether that will happen. So we may have an application for your Honor, I don't know whether he'll be invoking or not, and so I wanted to put on your Honor's radar that we may, during our lunch break, need to have the witness invoked.
THE COURT: Understood. Thank you. Any issues from the government before we adjourn?
MS. COMEY: I don't believe so, your Honor.
THE COURT: Any applications or issues from the defense?
MR. AGNIFILO: One second, Judge. Nothing from us.
THE COURT: Now, Ms. Smyser, when we started today, had raised an issue that she was trying to head off at the pass concerning Special Agent Gannon's testimony. Is there going to be an issue, because if so, it might take a couple minutes now to resolve and we won't have to deal with it in the morning. Do you remember what the issue that Ms. Smyser, based on the prior special agent's testimony, was concerned that there might be questioning about the legality of the search? There's nothing that we should be concerned with along those lines?
MR. AGNIFILO: We had agreed that we would not get into -- they didn't have a search warrant for one star, but I want to go back and see if there was mention of one star in the agent's testimony. I frankly don't know that it opens the door or not. I want to go back and read the transcript. That's the only conceivable issue.
THE COURT: And no other issues?
MR. AGNIFILO: I feel like your Honor thinks that I should have an issue.
THE COURT: No. I'm just making sure.
MR. AGNIFILO: No, I don't think so, Judge. If something comes to me --
THE COURT: If something comes to me, then the parties will inform the Court by 10:00 p.m., and if so, we'll be here at 8:30, otherwise we'll see everyone at 9:00 a.m.
MR. AGNIFILO: Your Honor can expect another letter from us in regard to extended phone time. So we're going to give that in both letters to your Honor.
THE COURT: That reminds me, we did reach out to the MDC and they are working on it. We'll probably hear back from them because they're usually pretty prompt, but put in your letter so I know exactly when you want access until every day, but we're on it. We're working on it on our end, as well.
MR. AGNIFILO: I appreciate that very much.
THE COURT: We are adjourned. See everyone tomorrow.
(Adjourned to May 21, 2025 at 9:00 a.m.)