4.Sharay Dashawn Hayes — Direct/Cross/Redirect/Recross
827 linesDIRECT EXAMINATION BY MS. FOSTER:
MS. FOSTER: Good afternoon.
SHARAY DASHAWN HAYES: Good afternoon.
MS. FOSTER: Can you state your full name?
SHARAY DASHAWN HAYES: My name is Sharay Dashawn Hayes.
MS. FOSTER: How old are you, Mr. Hayes?
SHARAY DASHAWN HAYES: I'm 51.
MS. FOSTER: Where are you from?
SHARAY DASHAWN HAYES: I'm from Harlem, New York City.
MS. FOSTER: What state do you currently live in?
SHARAY DASHAWN HAYES: New Jersey.
MS. FOSTER: Directing your attention to the period between approximately 2012 to 2016, what were you doing for work during that period?
SHARAY DASHAWN HAYES: I was working as a male exotic dancer, stage name Punisher, in New York City, in the New York City area.
MS. FOSTER: What is a male exotic dancer, just generally?
SHARAY DASHAWN HAYES: We usually do, um, house parties, bachelorette parties, strip tease performance for groups to kind of make a memorable, fun moment for a celebration.
MS. FOSTER: Ms. Foster, would you please pull up side by side what is already in evidence as Government Exhibits 2A-101 and 2A-401.
MS. FOSTER: Mr. Hayes, do you recognize these individuals?
SHARAY DASHAWN HAYES: I do.
MS. FOSTER: And starting with the individual on the left, 2A-101, who do you recognize that to be?
SHARAY DASHAWN HAYES: Mr. Sean Combs.
MS. FOSTER: And turning to the individual on the right, 2A-401, who do you recognize that as?
SHARAY DASHAWN HAYES: Ms. Cassie Ventura.
MS. FOSTER: How do you know these two individuals?
SHARAY DASHAWN HAYES: I was hired sometime in late 2012 to create, like, a sexy scene, sexy erotic scene for them on occasion.
MS. FOSTER: You mentioned you were paid for that?
MS. FOSTER: Ms. Foster, you can take down these exhibits.
MS. FOSTER: You said you were hired around them by fall of 2012, is that right?
SHARAY DASHAWN HAYES: That is correct.
MS. FOSTER: Is that when you first met the both of them?
MS. FOSTER: And can you just walk through how you first met them?
SHARAY DASHAWN HAYES: I was working at a club event, it was either Friday or Saturday night, and I got a call for with a woman stating that it was her birthday and her husband said that she can have a hired dancer. So she told me there was some -- she had a get-together with some friends and she wanted to hire me to do a show.
MS. FOSTER: And how did she tell you that? Was it by phone, text, call?
SHARAY DASHAWN HAYES: It was initially, I believe, a telephone call, and then it moved to text message.
MS. FOSTER: What name did she provide to you?
SHARAY DASHAWN HAYES: Janet.
MS. FOSTER: Where were you living at this time?
SHARAY DASHAWN HAYES: I was living in New York City.
MS. FOSTER: Was your phone number publicly accessible at that time?
SHARAY DASHAWN HAYES: Yes. I used to market through a website, getpunished.com. If you Google search male strippers, bachelorette parties, it would come up on the search engine. And my phone number was connected to the website.
MS. FOSTER: You mentioned that your nickname at this period was the Punisher, is that right?
MS. FOSTER: And can you tell us how you got that nickname?
SHARAY DASHAWN HAYES: That was a nickname that I got in my teens. I played basketball on West 4th Street in the cage, and usually the guys played on a regular basis, you would get a nickname, an association with the park and how you played. So I earned the Punisher.
MS. FOSTER: You mentioned you had a website. What services did you offer on that website?
SHARAY DASHAWN HAYES: Um, aside from booking a male stripper for a bachelorette or birthday party, I also do ladies night events or I'll do a party, party where women can come and celebrate, bachelorette parties at a venue.
MS. FOSTER: Turning back to the call that you received, when did the caller ask you to meet her for this party?
SHARAY DASHAWN HAYES: Initially we scheduled sometime around midnight, but the time kept changing, basically being pushed back to later and later. And I think we settled on somewhere around 2:30, 2:45 in the morning.
MS. FOSTER: That was that, sort of, following day, basically, within the day that the call came, is that right?
SHARAY DASHAWN HAYES: Yeah. So I would have got the call somewhere between, let's say, 9:00 p.m. and 11:00 p.m. and it followed over into the following day.
MS. FOSTER: At what location did she ask you to meet her for this party?
SHARAY DASHAWN HAYES: Trump Tower, Central Park West.
MS. FOSTER: In New York City?
MS. FOSTER: What services did you believe you were going to be providing?
SHARAY DASHAWN HAYES: Strip tease for a small group of friends.
MS. FOSTER: And what directions did she give you about what to do when you arrived?
SHARAY DASHAWN HAYES: Oddly, I was told to -- well, attempt to come in and come straight upstairs. Basically bypass security and just come straight to the room.
MS. FOSTER: Prior to arriving there, what, if any, discussion did you have with her about the cost of these services?
SHARAY DASHAWN HAYES: Typically -- typically, at that time, to hire a male dancer would be $200. That's about a 30- to 45-minute show, so that's what I called it.
MS. FOSTER: What happened when you arrived at the hotel?
SHARAY DASHAWN HAYES: When I arrived at the hotel, I was greeted at the door by Ms. Ventura. She had on a bathrobe with -- that appeared that she had nothing on underneath, and I think she had on a wig.
MS. FOSTER: You stated that the woman who greeted you was Ms. Ventura, is that right?
MS. FOSTER: At that time, did you recognize who it was?
SHARAY DASHAWN HAYES: I did not.
MS. FOSTER: But here today you recognize that person as Casandra Ventura, is that right?
SHARAY DASHAWN HAYES: Yes, I do.
MS. FOSTER: What happened when she opened the door?
SHARAY DASHAWN HAYES: When she opened the door, she greeted me typically like any party, and she invited me into the hotel suite.
MS. FOSTER: And what, if anything, did she say to you when you got inside the suite?
SHARAY DASHAWN HAYES: Um, we walked into the hotel suite area. I was expecting a crowd, but the room was -- there was no guests there. I just stopped in front of a bathroom and just kind of asked, Would you like me to change here? And she explained to me that she didn't want me to actually dance. She explained to me that her and her husband liked to create a sexy scene that consisted of me and her mutually applying baby oil, applying it to ourselves and to possibly each other, and try to create a sexy environment that her husband would eventually come out to watch.
MS. FOSTER: You mentioned that when you were booked for this, you anticipated, like, a small party, is that right, of people?
SHARAY DASHAWN HAYES: Yes, that is correct.
MS. FOSTER: When you arrived, did you see anyone other than her?
SHARAY DASHAWN HAYES: I did not.
MS. FOSTER: What did she hand to you when she said this to you?
SHARAY DASHAWN HAYES: So when she explained in front of the bathroom that -- once she explained that she wanted us to create the scene, she handed me a stack of money for me to take into the bathroom and instructed to change into either underwear or a towel. It was my preference. When I got into the bathroom, I counted it and it was $800.
MS. FOSTER: You mentioned she wanted you to create the scene for herself, for her and her husband, is that right?
SHARAY DASHAWN HAYES: That is correct.
MS. FOSTER: What, if anything, did she say about how you should react when her husband came into the room?
SHARAY DASHAWN HAYES: I was specifically told to not -- not acknowledge her husband, try not to look at him, no communication or anything between me and him.
MS. FOSTER: Can you describe the room?
SHARAY DASHAWN HAYES: The room was very dimly lit. There were candles. I don't think there were actual candles, but maybe electronic candles that looked like regular candles, but they were electronic. All of the furniture was covered in sheets and there was an area pretty much set up for me to sit and her to sit across from me, and there were little bowls in the area with baby oil in them.
MS. FOSTER: There were what bowls?
SHARAY DASHAWN HAYES: Yeah, there were bowls of water, and then in the bowls of water there were bottles of baby oil.
MS. FOSTER: Got it. You mentioned you went into the bathroom, is that right, after she told you what was going to happen?
MS. FOSTER: And you counted the money, is that right?
MS. FOSTER: Sorry. Can you remind me, what was the amount of money that she had handed you?
SHARAY DASHAWN HAYES: It was $800.
MS. FOSTER: What happened when you got out of the bathroom?
SHARAY DASHAWN HAYES: I chose to wear a towel, and I was instructed to sit in a single chair that was kind of adjacent to a sofa.
MS. FOSTER: And then what happened?
SHARAY DASHAWN HAYES: Ms. Ventura got on the sofa opposite me and we -- I kind of just followed -- I just mimicked what she did. She grabbed a bottle of baby oil and poured on herself, and I did similar.
MS. FOSTER: After a few minutes of applying baby oil, what happened?
SHARAY DASHAWN HAYES: A few minutes of applying the baby oil, I can kind of see from my peripherals her husband entered the room.
MS. FOSTER: A man came into the room?
SHARAY DASHAWN HAYES: Yes, a man came into the room.
MS. FOSTER: How was that man dressed?
SHARAY DASHAWN HAYES: What I recall is the man was nude, but I could not see his face. There was, like -- I don't know it was called, it was, like, what the Muslim women wear, where the face is covered completely in the veil and you can only see the eyes. It was a nude male with one of those veils on. And I could see he had what I -- what I saw as a bottle of Astroglide he was carrying.
MS. FOSTER: Why did you believe he was carrying Astroglide?
SHARAY DASHAWN HAYES: I use Astroglide myself. I noticed it by the purple top, so that is what had I associated it with.
MS. FOSTER: What is Astroglide?
SHARAY DASHAWN HAYES: It's a lubricant, sexual lubricant.
MS. FOSTER: What did the man say when he entered the room?
SHARAY DASHAWN HAYES: I had no communications with him. He didn't say anything upon entering, that I remember.
MS. FOSTER: After he entered the room, what could you see the man doing?
SHARAY DASHAWN HAYES: At points, he was -- there was a table and a chair on the opposite side of the room. So he sat behind a table and chair, and he kind of paced back and forth. And I noticed that at times he was masturbating.
MS. FOSTER: What, if anything, was he saying during the interaction?
SHARAY DASHAWN HAYES: He was speaking to Ms. Ventura directly, but it was mostly subtle directions, things like, um, move the light to the side, maybe positioning her body a certain way. Similar suggestions in terms of the angles we sat, I guess, for -- to get a better view.
MS. FOSTER: And about how long did this encounter last in total?
SHARAY DASHAWN HAYES: I feel like maybe 25, 35 minutes. Possibly 25 to 45. I didn't keep real good track of time, but it wasn't a long encounter.
MS. FOSTER: And how did it end?
SHARAY DASHAWN HAYES: At some point the man stood up and left the room. Ms. Ventura followed him out. I kind of sat there waiting on the couch, and then she returned and she asked me if I wanted to finish. So finished, I interpreted it as having an orgasm, which I declined at that point. I was trying to be as professional as possible. I know I was there to create what I called a sexy scene, so I declined. I said I was good. As long as they were happy, I was happy. And she said thank you, and that's -- that's, you know, you were -- you know, that's what we wanted, and I was handed additional monies.
MS. FOSTER: And did you count the money you were handed?
SHARAY DASHAWN HAYES: Yes. I didn't count it until after I got dressed. When I got to the elevator, I counted it. It was an additional $1,200.
MS. FOSTER: At the time that this man entered the room at the time of this encounter, did you know who he was?
SHARAY DASHAWN HAYES: I did not.
MS. FOSTER: Did that change at some point?
MS. FOSTER: And who do you now know the man to be?
SHARAY DASHAWN HAYES: Mr. Sean Combs.
MS. FOSTER: And how did you learn who he was?
SHARAY DASHAWN HAYES: Um, I was -- I was actually contacted in the future to create a similar scenario. And one specific time at a hotel called the Essex House, there was a waiting period until before we started. I was put into a room, and to kill time I cut on the TV. And the hotel TV had a welcome message, and it said Essex House would like to welcome Mr. Sean Combs.
MS. FOSTER: You mentioned you were contacted in the future, is that right?
MS. FOSTER: Approximately how many more encounters with Ms. Ventura in front of Mr. Combs did you have?
SHARAY DASHAWN HAYES: I don't have an exact number, but I estimate between eight and 12 times.
MS. FOSTER: And during those encounters, did you ever see his face?
SHARAY DASHAWN HAYES: Um, yeah. Further along down the line, I believe a similar time when I found out what the hotel scene, the hotel Essex House, where I saw it on the TV, eventually it switched from wearing one of those veils to just a baseball cap. So I was able to notice his face.
MS. FOSTER: And how did you find out who the woman was?
SHARAY DASHAWN HAYES: So, ironically, I'm a fan of Mr. Combs. I followed him on Instagram. So I would see his posts and things, but I just didn't put it together. So once I recognized the name on the TV, I went to his page, and I saw Ms. Ventura and some of the posts with him.
MS. FOSTER: Your Honor, this would be a fine place to take a stop.
THE COURT: OK. Thank you, members of the jury. We will take our break for lunch. Please don't speak about the case among the group. Don't talk about the case with anybody else. And have a great lunch. We'll be back at 1:00 p.m. All rise for the jury.
(Continued on next page)
(Jury not present)
THE COURT: All right. Mr. Hayes, we'll have you back here at 1:00 p.m.
SHARAY DASHAWN HAYES: Thank you.
THE COURT: Thank you very much.
(Witness temporarily excused).
THE COURT: Please be seated. Anything to raise from the government?
MR. AGNIFILO: Nothing from us, Judge.
MS. SLAVIK: No, your Honor.
THE COURT: OK. See everyone back here at 1:00.
MR. AGNIFILO: Thank you, Judge.
(Luncheon recess)
AFTERNOON SESSION 1:07 p.m.
THE COURT: Can we get Mr. Hayes back, unless there's anything else for us to address?
MS. FOSTER: Yes, your Honor. May I also approach the lecturn?
THE COURT: Of course. And let's get our jury.
(Witness present)
THE COURT: Welcome back.
(Continued on next page)
(Jury present)
THE COURT: Welcome back, everyone. Mr. Hayes, do you understand you're still under oath?
SHARAY DASHAWN HAYES: Yes, I do.
THE COURT: Ms. Foster, when you're ready.
MS. FOSTER: Mr. Hayes, before the break, we talked about one time you had an encounter with Mr. Combs and Ms. Ventura; is that right?
MS. FOSTER: And you said you had additional encounters; is that right?
SHARAY DASHAWN HAYES: That is correct.
MS. FOSTER: Could you just remind everyone how many more encounters you had with Mr. Combs and Ms. Ventura.
SHARAY DASHAWN HAYES: Again, I don't have an exact number, but I estimate between eight and twelve times.
MS. FOSTER: How often did these encounters occur?
SHARAY DASHAWN HAYES: They would be every few months spaced in between, but sometimes it can be multiple days, so like a Friday night and a Saturday night within a weekend time span.
MS. FOSTER: So you would have encounters on consecutive days, but then they'd be spaced by months; is that right?
MS. FOSTER: In what city did each of these encounters happen?
SHARAY DASHAWN HAYES: In New York City.
MS. FOSTER: And at what locations?
SHARAY DASHAWN HAYES: I recall the Trump Central Park West, the Essex House, The London hotel, the Gramercy Hotel, and there was another hotel on the same street as the Essex House, but I don't remember the name.
MS. FOSTER: Was it always a hotel?
MS. FOSTER: And at what times of day did these occur?
SHARAY DASHAWN HAYES: It was usually very early in the morning, sometime between 2:30 a.m. to maybe as late as 11:00 a.m. with me leaving.
MS. FOSTER: How would you be contacted before these encounters?
SHARAY DASHAWN HAYES: Typically the same way, a phone call that would then turn into text message communications to kind ever figure out a place and a time that worked.
MS. FOSTER: Who would reach out?
SHARAY DASHAWN HAYES: The majority of the time I assume it was Cassie Ventura. The communication was pretty standard. I only had one occasion where I got kind of confused text message and I didn't understand -- I didn't know who I was talking to because it was a different phone number, and I asked for a photo to be texted to me. The conversation kind of stopped. Then, later that day, I got a text from Ms. Ventura stating that it was her husband. At that time, I thought it was still Janet. So I got a text saying it was her husband and she'll take over from there. So that's the only time I think I was contacted by someone else other than Ms. Ventura.
MS. FOSTER: About how much notice would you receive before one of these encounters?
SHARAY DASHAWN HAYES: It was typically the same day. So it would be sometime in the evening, let's say from anywhere from 5:00 p.m. to about 9:00 p.m., hey, are you available, and if I was, obviously we would schedule -- or kind of just -- I was just kind of kept posted to a location and time.
MS. FOSTER: After the first few encounters, what did you understand you were being hired to do?
SHARAY DASHAWN HAYES: It always started the same. It was to create a sexy scene, like I said before, but I understood it could escalate to more sexual activity, whether it be oral sex or penetrative sex.
MS. FOSTER: During these encounters, at a high level, could you describe what would happen?
SHARAY DASHAWN HAYES: It was pretty much a similar pattern. It would always start in some sort of seated couch scenario where we would put on baby oil to kind of create a look. Me and Ms. Ventura would kind of put oil on ourselves, put it on each other, and kind of create a sexy atmosphere.
MS. FOSTER: And was Mr. Combs always involved?
MS. FOSTER: What would he be doing?
SHARAY DASHAWN HAYES: Similar, like the first occasion, he would at some point come into the room, sit in the distance, gave subtle directions to Ms. Ventura based on, like I said, angles, lighting, positionings, and sometimes the sexual activity.
MS. FOSTER: And what type of sexual activity did you engage in with Ms. Ventura?
SHARAY DASHAWN HAYES: Oral sex, either me performing or her performing, and penetrative sex.
MS. FOSTER: And how did the rooms look?
SHARAY DASHAWN HAYES: Excuse me?
MS. FOSTER: How would the rooms look?
SHARAY DASHAWN HAYES: Similar, like the first, it was very consistent with dimly lit, candles, sometimes music in the background, and always the furniture covered in sheets.
MS. FOSTER: You mentioned that during these encounters, Mr. Combs would give directions or instructions; is that right?
MR. DONALDSON: Objection. Mischaracterizes the evidence.
THE COURT: That's overruled.
MS. FOSTER: You may answer.
SHARAY DASHAWN HAYES: Yes. Yes, the way I described.
MS. FOSTER: Could you describe what type of directions he would give?
SHARAY DASHAWN HAYES: You know, like I said, it would be very subtle between him and Ms. Ventura. Usually, generally, move the candle to the right, move it to the left, you know, position your body, sit forward. At times, it could be directly to what's happening sexually in terms of, you know, perform -- one time specifically, because I don't have a full recollection of all the words, I know there was a time during sex where he would say -- one time we were actually having sex and he dropped like a stack of money on the bed, and he said, you know, he popped up, said, are you okay, and he was just like, no, I like this shit. So he would give feedback in terms of his being happy with the scenario.
MS. FOSTER: And who would he give the directions to?
SHARAY DASHAWN HAYES: Ms. Ventura.
MS. FOSTER: Did you ever observe Ms. Ventura give any directions to him?
SHARAY DASHAWN HAYES: I did not.
MS. FOSTER: Across all these encounters, you mentioned you would use baby oil; is that right?
MS. FOSTER: And how much?
SHARAY DASHAWN HAYES: A considerable amount. It was preferred to keep our bodies I guess covered, for I guess the look of it to shine or whatever was the preference.
MS. FOSTER: And who gave directions about applying baby oil?
SHARAY DASHAWN HAYES: Initially, I was told to do it by Ms. Ventura upon starting the session. That was my original -- but during the acts, it would kind of be suggested or I would follow her lead in terms of grabbing more, putting more on. It was kind of implied and known by me to keep the bodies as covered in baby oil as possible.
MS. FOSTER: From start to finish, from you arriving there to leaving, how long would these encounters last?
SHARAY DASHAWN HAYES: Consistently, about four hours. About four hours. A lot of time was waiting time, and probably about 25 to 45 minutes of sexual activity.
MS. FOSTER: How would these encounters generally end?
SHARAY DASHAWN HAYES: At some point I would be instructed to finish. Finishing is me having an orgasm. There was kind of a specific pattern with that, too, where I would orgasm around the outside area of Ms. Ventura's vagina. That was kind of the cue that we were done and the session would conclude that way.
MS. FOSTER: So you would have to finish in a specific spot on her body; is that right?
SHARAY DASHAWN HAYES: Yeah. It was always the same way. It was on the outside of her vagina, clitoris area where I was instructed to orgasm.
MS. FOSTER: What happened after you did that?
SHARAY DASHAWN HAYES: Usually, after that happened, Mr. Combs would stand up and leave the room, and shortly after Ms. Ventura would follow on.
MS. FOSTER: And then what would happen?
SHARAY DASHAWN HAYES: I would just be sitting there, waiting, sometimes 10 minutes, sometimes 15 minutes. Eventually she would return, usually tell me that was fine, and I was able to leave, and she would pay me.
MS. FOSTER: And how would Ms. Ventura pay you when she would come back from the room she had left to with Mr. Combs?
SHARAY DASHAWN HAYES: Usually, by that time -- when she would leave, she would leave probably nude in a sexual scenario, she would usually come back in a bathrobe where it gave me a clear indication that we were done.
MS. FOSTER: How much money were you paid for these encounters?
SHARAY DASHAWN HAYES: It was the same amount every time. It was either two amounts. It was either $1200 dollars or $2,000.
MS. FOSTER: Why would you get paid sometimes $2,000 and sometimes $1200?
SHARAY DASHAWN HAYES: I don't have any understanding to why there was a difference in pay.
MS. FOSTER: And how were you paid?
SHARAY DASHAWN HAYES: It was cash.
MS. FOSTER: And who would pay you?
SHARAY DASHAWN HAYES: Ms. Ventura.
MS. FOSTER: Were there ever times when you saw Mr. Combs handle the money that was used to pay you?
SHARAY DASHAWN HAYES: Only the time that I mentioned earlier. Like I said, we were in the midst of having sex, and Mr. Combs threw money on the bed. That money at some point was removed from the bed and put on a nightstand, but then once we were finished, it was handed to me as my pay.
MS. FOSTER: How did Ms. Ventura react when he threw the money on the bed, Mr. Combs?
SHARAY DASHAWN HAYES: It was somewhat of a startled response where she immediately turned to him to check his wellbeing to see if he was okay and everything was all right.
MS. FOSTER: What did he respond?
SHARAY DASHAWN HAYES: He said something to the degree that I'm fine, I'm enjoying this shit.
MS. FOSTER: Going back to the directions that Mr. Combs would give, you mentioned that sometimes he would give directions about what sex acts you could perform; is that right?
SHARAY DASHAWN HAYES: Yeah. Everything was very subtle, but yes, certain things were suggested.
MS. FOSTER: Like what?
SHARAY DASHAWN HAYES: Like oral sex, like time for oral sex. There was a specific time where we were interacting and -- probably one of the only times because he only in close proximity two times, the time with the money, and one other time he came over and he threw some condoms on the couch where we were interacting and said, I'm ready to see you fuck her, you know. So that was kind of an instruction at that point, too.
MS. FOSTER: Were there ever times that Mr. Combs would leave the room during these encounters?
SHARAY DASHAWN HAYES: Yeah. Briefly, sometimes we would be in the middle of an encounter, a sexual play scene like I described, and at times Mr. Combs would just stand up and leave the room. Usually Ms. Ventura would then follow behind him. They would be gone for a few minutes and then she would return.
MS. FOSTER: So he would leave the room and then what would happen?
SHARAY DASHAWN HAYES: He would leave -- he would stand up and leave the room at some point in the middle, Ms. Ventura would notice it, and then give me a cue to just call time out and she would follow him out the room.
MS. FOSTER: Was there any communications between them before she would do that?
SHARAY DASHAWN HAYES: Not anything specific that I recall.
MS. FOSTER: What would happen when they would return from the room?
SHARAY DASHAWN HAYES: We would either resume what we were doing previously. Sometimes I would get instructions to, like I said, finish. So it could vary depending on the time.
MS. FOSTER: Based on your observations of Ms. Ventura and your interactions with her during these encounters, what was your understanding of whether she was enjoying herself?
SHARAY DASHAWN HAYES: I don't have a full -- I can't rely on -- I don't have a thought process to her enjoyment level. I just -- my understanding was we were creating a scene, like a sexy scene that was enjoyable for her partner.
MS. FOSTER: Can you explain what you mean by that?
SHARAY DASHAWN HAYES: It appeared to me at some point that this was -- appeared like a fetish type of thing --
MR. DONALDSON: Objection.
THE COURT: What are the grounds?
MR. DONALDSON: I believe he's about to speculate related to what --
THE COURT: Let me get a new question, Ms. Foster, and we'll take it from there.
MS. FOSTER: Yes.
MS. FOSTER: You mentioned that Mr. Combs would give Ms. Ventura directions during these encounters; is that right?
SHARAY DASHAWN HAYES: That is correct.
MS. FOSTER: What, if any, noises did you observe her make in response to some of these directions?
SHARAY DASHAWN HAYES: Some of the directions at times were very specific in terms of, you know, move the candle, move the candle again, position your body, position your body again. So I did observe sometimes a sigh, a wince that appeared to be frustration with the frequency of the directions.
MS. FOSTER: And who would wince and sigh?
SHARAY DASHAWN HAYES: Ms. Ventura.
MS. FOSTER: How many times throughout the encounters would you observe her do one of these things, wince and sigh, in response to directions?
SHARAY DASHAWN HAYES: It was random. I can't say it was multiple times in any specific encounter. I just notice that it did happen on occasion.
MS. FOSTER: What conclusions did you draw from that?
MR. DONALDSON: Objection.
THE COURT: That's sustained.
MS. FOSTER: Based on the noises that she would make and based on her size and her winces, what, if anything, was your understanding of whether Ms. Ventura was enjoying herself during these encounters?
MR. DONALDSON: Objection.
THE COURT: That's sustained.
MS. FOSTER: Can you just describe, generally, how she would appear during these encounters, like what you observed about her and her demeanor?
SHARAY DASHAWN HAYES: Yeah. Prior to any of the physical encounters, we had just personable conversation. She would ask me about, you know, my business, how is things going. It was pretty typical interaction that seemed normal.
MS. FOSTER: And you mentioned that she would sometimes sigh and wince in response to directions. Who was giving those directions?
MR. DONALDSON: Objection. Asked and answered.
THE COURT: That's overruled.
SHARAY DASHAWN HAYES: The directions would be coming from Mr. Combs.
MS. FOSTER: And what did you notice about where Ms. Ventura would look during these encounters?
SHARAY DASHAWN HAYES: She was definitely seeking cues.
MR. DONALDSON: Objection to that.
THE COURT: That's overruled. A. She was seeking cues. My understanding, from the time I started in this, was we were trying to create a sexy scene. So there was some awareness to the preferences --
MR. DONALDSON: Objection.
THE COURT: It's overruled.
MS. FOSTER: Can you just describe where she would look during these encounters?
SHARAY DASHAWN HAYES: In and about the direction of -- well, not the full-time, but in and about the direction of where Mr. Combs would be situated.
MS. FOSTER: What would she do when he would give her direction? Would she respond accordingly?
SHARAY DASHAWN HAYES: Yes, usually the directions were followed.
MS. FOSTER: Did you ever hear her say no to one of these directions?
SHARAY DASHAWN HAYES: I did not.
MS. FOSTER: What, if any, drugs would you use during these encounters?
SHARAY DASHAWN HAYES: I personally don't use drugs myself, no.
MS. FOSTER: Did anyone ever provide you with any drugs during these encounters?
SHARAY DASHAWN HAYES: I was always offered either alcohol or would I be interested in anything. At times there were marijuana. I'm not a marijuana smoker. I call it a Bill Clinton. I do recall being handed marijuana, I act like I take a puff, I don't inhale. I'm not a drug user to that degree. So I was never under the influence at all in any of the encounters.
MS. FOSTER: Did you ever see Mr. Combs do any drugs in your presence?
SHARAY DASHAWN HAYES: I did not.
MS. FOSTER: Did Mr. Combs seem intoxicated during any of these encounters?
SHARAY DASHAWN HAYES: He did not appear to be.
MS. FOSTER: Did you ever have any difficulty creating the scene for Mr. Combs?
SHARAY DASHAWN HAYES: Yes, at times, I experienced anxiety and some sexual pressure within myself. So there were moments I could struggle with getting and maintaining an erection. So there were times I experienced those issues.
MS. FOSTER: Why did you have these performance issues?
SHARAY DASHAWN HAYES: Just, you know, me personally, a sexual scenario with a woman's partner present, actively giving directions and stuff like that was not the norm for me. So it created some discomfort that could affect me and my performance.
MS. FOSTER: What would you take to address these performance issues during these encounters?
SHARAY DASHAWN HAYES: Oh, I tried Cialis, Viagra, the corner store pill, anything that I thought could possibly help me perform. It was a lot of pressure.
MS. FOSTER: You mentioned that you would get paid different amounts depending on the day. How, if at all, did your performance issues affect your pay?
MR. DONALDSON: Objection.
THE COURT: That's overruled.
SHARAY DASHAWN HAYES: I have no direct understanding if my performance issues was the -- associated with the difference in my pay.
MS. FOSTER: Approximately when was the last time you had a sexual encounter with Ventura and Combs?
SHARAY DASHAWN HAYES: March of 2015, somewhere around that time.
MS. FOSTER: Can you describe what happened during that encounter?
SHARAY DASHAWN HAYES: Similar scenario where we started out interacting on the couch. This is specifically, I believe I mentioned earlier that there was a time that Mr. Combs came, intervened, he put -- threw condoms on the couch, and he expressed he was ready for us to begin penetration. His interaction and him being in close proximity was not the norm, so it kind of threw me off and startled me, so I struggled with getting an erection and I couldn't perform.
MS. FOSTER: What did he say?
SHARAY DASHAWN HAYES: He said I'm ready -- as he presented the condoms, he said I'm ready to see you fuck her.
MS. FOSTER: And what did he do with the condoms?
SHARAY DASHAWN HAYES: He threw them on the couch where we were interacting.
MS. FOSTER: What was his tone when he said I'm ready to see you fuck her?
SHARAY DASHAWN HAYES: Assertive, aggressive.
MS. FOSTER: How did she react?
SHARAY DASHAWN HAYES: She reacted kind of startled, similar to myself.
MS. FOSTER: And did you and Ms. Ventura engage in penetrative intercourse after this?
SHARAY DASHAWN HAYES: We attempted to, but like I said, I struggled to achieve an erection and maintain it, so it was a failure.
MS. FOSTER: And what happened at the end of this encounter?
SHARAY DASHAWN HAYES: Eventually, another similar scenario, Mr. Combs left the room, Ms. Ventura followed him, she might have returned a few minutes later and I was still instructed to finish. So I believe I masturbated to a point of orgasm. Shortly after they both left the room and she returned with money to pay me. We had a conversation where she was thanking me for my -- for being private and, you know, respecting their privacy in terms of our interactions.
MS. FOSTER: At the end of this encounter, what was your understanding of whether you'd ever see them again?
SHARAY DASHAWN HAYES: Well, my own assessment, because I felt like I didn't perform and I didn't achieve the scene or the circumstance that was wanted, I was insecure about being called again. I thought I didn't do the job I was there for, so I was worried that I would not be called back.
MS. FOSTER: Is that because he had said he wanted you to have sex with her and you didn't?
MR. DONALDSON: Objection.
THE COURT: Hold on. "Is that," you got to let me hear the rest of the question or else I won't understand what the objection is. Can we get the question again.
MS. FOSTER: I'll rephrase.
MS. FOSTER: He said, I want to see you fuck her; is that right?
MS. FOSTER: And you did not do that?
SHARAY DASHAWN HAYES: Yes, I couldn't perform.
MS. FOSTER: Did you ever see them again after this?
SHARAY DASHAWN HAYES: No, that was the last encounter.
MS. FOSTER: Were you paid for that?
MS. FOSTER: And you were paid for every single one of these; is that right?
MS. FOSTER: So I want to turn to a slightly different topic. Around September 2022, did you start to write a book?
SHARAY DASHAWN HAYES: Yes, I did.
MS. FOSTER: And what is that book about?
SHARAY DASHAWN HAYES: The book is called In Search of Freezer Meat. And it chronicles my -- it's a men's self-help book that chronicles me developing and ultimately curing my erectile dysfunction by way of a penis implant.
MS. FOSTER: Can you describe how that book is written?
SHARAY DASHAWN HAYES: What it is, is it's real genuine medical advice, but it's framed in me telling personal stories about my journey developing and trying to cure my own erectile dysfunction. When I was going through the issue, it was really hard for me to find a relatable source to help me with the problem and get me information, so I decided to write a book to try to give other men information that I was seeking myself.
MS. FOSTER: I'm sorry. How is it written, how do you tell this story?
SHARAY DASHAWN HAYES: Oh, I use personal stories where I try to make light of the issues and comical references that could possibly be relatable to then address what the serious problem is.
MS. FOSTER: In this book, do you mention anything about your encounters with Ms. Ventura and Mr. Combs?
SHARAY DASHAWN HAYES: I do.
MS. FOSTER: How many pages in the book does the description of these encounters take up?
SHARAY DASHAWN HAYES: Approximately six and a half.
MS. FOSTER: Pages?
MS. FOSTER: And how long is the book in total?
SHARAY DASHAWN HAYES: 182 pages.
MS. FOSTER: How do you refer to Ms. Ventura and Mr. Combs in the book?
SHARAY DASHAWN HAYES: I don't mention any names and I'd say they're a married, wealthy couple.
MS. FOSTER: How do you describe their relationship?
SHARAY DASHAWN HAYES: Similar to --
MS. FOSTER: I'm sorry. Their status, do you say husband and wife?
SHARAY DASHAWN HAYES: Yes, husband and wife.
MS. FOSTER: Are you aware when you wrote the book of whether Ms. Ventura and Mr. Combs were husband and wife when you wrote it?
SHARAY DASHAWN HAYES: Yes, I was clear that they were not a married couple.
MS. FOSTER: And so why did you write it that way?
SHARAY DASHAWN HAYES: I did base it on my original interaction with them. I was told I was with a married couple. My point of writing the story was really to speak to my anxiety in the moment, not necessarily to detail what happened. I still maintain to respect their privacy. So I was just trying to tell the story to frame it around my anxiety and not necessarily the details of the encounter.
MS. FOSTER: And so are certain details not entirely accurate; is that right?
SHARAY DASHAWN HAYES: Yeah. I kind of wrote it from a framework of my anxiety in the moment and how I envisioned it. And honestly, I told the story to a few friends, the encounter, and I tell it to my friends for an entertainment scenario like guy talk. So I framed the story similar to the way I would explain it to a friend, you know, male banter.
MS. FOSTER: Do you describe Ms. Ventura's enjoyment of these encounters in the book?
SHARAY DASHAWN HAYES: Yeah. I sensationalize it based on trying to put together an entertaining story for the book.
MS. FOSTER: Why do you sensationalize it?
SHARAY DASHAWN HAYES: I wanted the book to be relatable and enjoyable. It centers around highs and lows with your erectile dysfunction, so I'm going to tell a high sensationalized version because it works perfectly with the low that I'm trying to associate it with.
MS. FOSTER: No further questions.
THE COURT: Thank you. Mr. Donaldson.
MR. DONALDSON: Yes.
CROSS-EXAMINATION BY MR. DONALDSON:
MR. DONALDSON: Good afternoon, sir.
SHARAY DASHAWN HAYES: Good afternoon.
MR. DONALDSON: How are you?
SHARAY DASHAWN HAYES: I'm pretty good, surprisingly.
MR. DONALDSON: I'll try to make this as harmless as possible.
SHARAY DASHAWN HAYES: Appreciate it.
MR. DONALDSON: You got it. First, congratulations on your book.
SHARAY DASHAWN HAYES: Thank you.
MR. DONALDSON: Good job. Good job. That's hard to do. What's the title again?
SHARAY DASHAWN HAYES: In Search of Freezer Meat.
MR. DONALDSON: Freezer M-E-A-T?
SHARAY DASHAWN HAYES: Yeah, like you put meat in the freezer, freezer meat.
MR. DONALDSON: In search of freezer, as in hard meat?
SHARAY DASHAWN HAYES: What's harder than freezer meat?
MR. DONALDSON: Just want to understand. I got it. I got it. Good title. So you said that book, you did speak about a married couple that was wealthy, right?
SHARAY DASHAWN HAYES: Yes. I don't remember verbatim, but I play them out as a powerful rich couple, I believe was the wording.
MR. DONALDSON: I believe you said it was about six pages of the book and the book was totaled about 200 or so pages?
MR. DONALDSON: And the book is about erectile dysfunction?
MR. DONALDSON: And so you had had issues -- a possible issue with erectile dysfunction prior meeting with Cassie and Mr. Combs, correct?
SHARAY DASHAWN HAYES: Yes. It was a longstanding, kind of slowly developing situation that I was struggling with by that time.
MR. DONALDSON: Now, you said you were with Cassie and Mr. Combs in 2012, 2013, somewhere around there?
SHARAY DASHAWN HAYES: Yeah. I believe it started somewhere in fall of 2012 and it lasted to maybe March of 2015.
MR. DONALDSON: And at that time, you were working with a place called Hunk-O-Mania?
MR. DONALDSON: And Hunk-O-Mania is a destination for exotic dancers for bachelorette parties and things like that?
SHARAY DASHAWN HAYES: Yeah, it's a weekly event where ladies come out and they can celebrate bachelorettes' birthdays, kind of like a ladies night centered around male entertainers.
MR. DONALDSON: Do you still work for them?
SHARAY DASHAWN HAYES: Yes. I'm actually one of the partners.
MR. DONALDSON: You're co-owner now, correct?
MR. DONALDSON: Fair to say Hunk-O-Mania also has a website, right?
MR. DONALDSON: And part of the services is they rent out exotic dancers or strippers, correct?
MR. DONALDSON: When you say rent out, that means Hunk-O-Mania, the company you co-own sends out or gets called by customers, correct?
MR. DONALDSON: Those customers actually rent out the exotic dancer services, correct?
MR. DONALDSON: When these exotic dancers go to homes or locations and do their entertaining, correct?
SHARAY DASHAWN HAYES: That is correct.
MR. DONALDSON: And they get paid for that?
MR. DONALDSON: In 2012 and 2013 and 2014, you were an employee or a part of Hunk-O-Mania, correct?
SHARAY DASHAWN HAYES: Yeah, at that time I was not an owner. All of the male dancers are independent contractors, so we get booked to either perform at the show or the company can refer out for a show. And that specific show, I was not contacted through Hunk-O-Mania, I had ran my own website at that time.
MR. DONALDSON: Your website is called getpunished.com, correct?
SHARAY DASHAWN HAYES: That is correct.
MR. DONALDSON: And getpunished.com has the same type of webpage where you can rent out strippers, correct?
SHARAY DASHAWN HAYES: Same exact model as Hunk-O-Mania.
MR. DONALDSON: So with getpunished.com, it's exotic dancers that get called to go to locations and dance for ladies, correct?
MR. DONALDSON: And I believe you said stripteases for ladies, correct?
MR. DONALDSON: You would be almost naked in a -- what do you call that?
SHARAY DASHAWN HAYES: Seminude to either underwear or a G-string.
MR. DONALDSON: And you have been doing this for 25 years, correct?
SHARAY DASHAWN HAYES: I started in 1995, Labor Day of 1995.
MR. DONALDSON: Congratulations. 30 years.
SHARAY DASHAWN HAYES: Yeah, coming up on a big anniversary.
MR. DONALDSON: So by the time 2012, 2013, it's fair to say you were very experienced in exotic dancing?
MR. DONALDSON: You had danced with hundreds of thousands of ladies, correct?
SHARAY DASHAWN HAYES: That is correct.
MR. DONALDSON: You had danced with hundreds of thousands of ladies seminude or almost nude in G-strings, correct?
MR. DONALDSON: And when you say dances, that includes lap dances, upclose dances, rubbing, all that's included, correct?
SHARAY DASHAWN HAYES: Yeah. I call them professional dry humps.
MR. DONALDSON: So a professional dry hump is where you would be almost naked in a G-string and you would be dry humping a lady, correct?
MR. DONALDSON: And fair to say you had been doing that 25 years before 2012, correct?
SHARAY DASHAWN HAYES: Yeah, very close to that.
MR. DONALDSON: When we say 25 years, we mean throughout the whole year, so we're talking thousands of ladies you've done that with, correct?
MR. DONALDSON: Now, as part of your professionalism in being an exotic dancer for 25 years, you try not to develop romantic feelings for the person you're doing these dry humps for, correct?
SHARAY DASHAWN HAYES: Yeah, you kind of get actually desensitized to the situation and it's just another show.
MR. DONALDSON: So it's a job for you, correct?
MR. DONALDSON: So when you're dry humping all these ladies, it's a job, it's not personal, correct?
SHARAY DASHAWN HAYES: That is correct.
MR. DONALDSON: And I think you said earlier that you and Cassie, though, on these eight or ten times you all met, you all had personal conversations, correct?
SHARAY DASHAWN HAYES: Yeah, like cordial. I wouldn't say I was a personal friend to her or anything like that. But it would be a typical check-in, she would always ask how's business, how's work, that type of banter before any interactions.
MR. DONALDSON: So to set the stages, she would call you, correct?
MR. DONALDSON: You would go to a hotel, correct?
SHARAY DASHAWN HAYES: That is correct.
MR. DONALDSON: She would let you in, correct?
SHARAY DASHAWN HAYES: That is correct.
MR. DONALDSON: And you and her would sit down and talk and have light conversation about your work, how you're doing and things like that?
SHARAY DASHAWN HAYES: That is correct.
MR. DONALDSON: At some point in time, you would start baby oiling her or she would start baby oiling you; is that right?
MR. DONALDSON: On a few occasions when you were with Cassie, she actually asked you if she could ever call you to speak to you, correct?
SHARAY DASHAWN HAYES: That is all my -- all her inquiring about calling me was pertaining to hiring me again. We never had any personal scenario where we was instructed to speak, if that's what you're referring to.
MR. DONALDSON: That's not. So over these eight or twelve meetings with Cassie, fair to say that you believe that she was comfortable with you, correct?
SHARAY DASHAWN HAYES: Yes. That was one of the -- after the very first encounter, before she paid me, she expressed to me that she was comfortable with me and that she would like to call me again in the future and if I was okay with it.
MR. DONALDSON: And after these eight to twelve occasions, it's fair to say you began to have feelings for Cassie, correct?
SHARAY DASHAWN HAYES: That is incorrect.
MR. DONALDSON: At some point after these eight to twelve meetings, you grew to believe that you were the only person that Cassie was doing this with, correct?
SHARAY DASHAWN HAYES: That is correct.
MR. DONALDSON: Fair to say that you felt special that you thought you were Cassie's only person, correct?
SHARAY DASHAWN HAYES: That is correct.
MR. DONALDSON: And you felt special because you had met with her eight or twelve times, correct?
SHARAY DASHAWN HAYES: Yes. My original arrival, it was a birthday and this was something special she was doing with her husband. I actually aligned with that understanding. So I did feel special that out of all of the options, I was the person being chosen for this interaction.
MR. DONALDSON: I want to go back to -- I asked you earlier, you said -- well, not you said, but you did, after several interactions with Cassie, began to have some feelings for her; that's not correct?
SHARAY DASHAWN HAYES: That's not correct.
MR. DONALDSON: Pull up 3542.1, please, page 3, paragraph 4.
MR. DONALDSON: Now, you met with the government on several occasions, correct?
SHARAY DASHAWN HAYES: I did.
MR. DONALDSON: When you met with them, they asked you questions about your relationship with Cassie and Combs, right?
SHARAY DASHAWN HAYES: That is correct.
MR. DONALDSON: They told you it was important for you to tell the truth, correct?
MR. DONALDSON: And they told you the consequences of not telling the truth, correct?
SHARAY DASHAWN HAYES: Yes. It was emphasized.
MR. DONALDSON: And when you met with them, you were in fact telling the truth, correct?
MR. DONALDSON: And you told them about the meetings you had with Cassie, correct?
SHARAY DASHAWN HAYES: That is correct.
MR. DONALDSON: You told them about the times that Combs was with you and Cassie during those meetings, correct?
MR. DONALDSON: And isn't it true that on --
THE COURT: Take the document down.
MR. DONALDSON: Take the document down.
MR. DONALDSON: In 2023, you informed the government that you began to develop feelings for Ms. Ventura?
SHARAY DASHAWN HAYES: I believe that may have been taken out of context because that is not the case.
MR. DONALDSON: When you say taken out of context -- well, let's go through it. On the first meeting you met with Ms. Ventura, this was for about 25, 30 minutes, correct?
MR. DONALDSON: And when you came to the door, she -- once you got inside the room, she provided you some cash, some money, correct?
MR. DONALDSON: And it was $800?
MR. DONALDSON: And after that time, you -- well, not after that time. You then changed clothes and came back out and you and Cassie began oiling each other down, correct?
SHARAY DASHAWN HAYES: That is correct.
MR. DONALDSON: While you were oiling her down, you were using your 25 years of experience to make the scene exotic, correct?
SHARAY DASHAWN HAYES: I wouldn't -- this scene is completely different than anything I did as a male dancer. So whatever I acquired skills in terms of putting on a show didn't really apply in this scenario. This was nuance that was different than what I had done for my typical work.
MR. DONALDSON: It was nuanced and different because you both were completely naked at this time, correct?
SHARAY DASHAWN HAYES: Yeah. And also, as a male dancer, my focus specifically is more fun. Most of the things that I do, you're going to laugh more than try to create an erotic sexual connection. I'm at bachelorette parties, ladies are about to get married. I'm not trying to turn anybody on, I'm trying to get a funny move with a mom or a grandma or aunt, something memorable in that way. So this was very sexually natured, so it was different than my exotic dancing performance.
MR. DONALDSON: So that's what I'm saying, this was very sexually natured?
MR. DONALDSON: And it was different than what you normally do?
MR. DONALDSON: And let's go back for a second. You said you do a lot of bachelorette parties, correct?
MR. DONALDSON: When you do these parties, there are lots of women inside the room?
SHARAY DASHAWN HAYES: Exactly.
MR. DONALDSON: And they are yelling and screaming to tell you to do certain things, correct?
SHARAY DASHAWN HAYES: Yeah. Yeah. Well, no, not necessarily. I don't get instructions. I kind of create the show myself.
MR. DONALDSON: Create the show yourself and you go up to a young lady and you start dancing in front of her, correct?
MR. DONALDSON: And you start doing what you call a dry hump, correct?
MR. DONALDSON: And you know if that person doesn't want to do that, you're not going to do that, correct?
SHARAY DASHAWN HAYES: That is correct.
MR. DONALDSON: You're not going to dry hump someone you don't believe wants to be dry humped, correct?
SHARAY DASHAWN HAYES: Yeah. That's very important to read the room to know what to do and what not to do.
MR. DONALDSON: So when you would have any sexual interactions with Ms. Cassie, based on your 25 years of experience, you were reading that room, correct?
SHARAY DASHAWN HAYES: That is correct.
MR. DONALDSON: You were making sure you weren't doing something with someone who did not -- you were making sure you were doing something with Cassie that she wanted to do, correct?
SHARAY DASHAWN HAYES: Well, I did not get any cues that there was a discomfort with what was going on.
MR. DONALDSON: Let's start there. You didn't get any cues that there was a discomfort with the sexual interactions between you and Cassie, correct?
SHARAY DASHAWN HAYES: I did not.
MR. DONALDSON: Because if you had got some cues or some kind of discomfort, you would not have done that, correct?
SHARAY DASHAWN HAYES: That is correct.
MR. DONALDSON: So when you were having these sexual encounters with Cassie eight to twelve times, no cues about any discomfort, correct?
SHARAY DASHAWN HAYES: That's correct.
MR. DONALDSON: That's based on your 25 years of experience and dry humping hundreds of thousands of women, correct?
MS. FOSTER: Objection.
THE COURT: That's sustained.
MR. DONALDSON: Hunk-O-Mania does not allow prostitution, correct?
SHARAY DASHAWN HAYES: That is correct.
MR. DONALDSON: Neither does getpunished.com?
SHARAY DASHAWN HAYES: It does not.
MR. DONALDSON: And you are still part of Hunk-O-Mania?
SHARAY DASHAWN HAYES: I am.
MR. DONALDSON: You are still part of getpunished.com?
SHARAY DASHAWN HAYES: I am.
MR. DONALDSON: So you don't do prostitution, correct?
SHARAY DASHAWN HAYES: I do not.
MR. DONALDSON: Now you mentioned these directions, you said subtle directions he was giving, correct?
MR. DONALDSON: And when you say subtle, you mean like quiet directions, correct?
MR. DONALDSON: Like these directions were given while you and Cassie were already involved in sexual intercourse, correct?
SHARAY DASHAWN HAYES: Not necessarily. Sometimes just massage. Every time was not during intercourse, it was throughout the entire, let's call it scene or interaction.
MR. DONALDSON: So while you're creating a scene, Mr. Combs would say, put a candle here, put a candle there; is that correct?
SHARAY DASHAWN HAYES: That's correct.
MR. DONALDSON: And then once you guys started intercourse, Mr. Combs would say, subtly, do this and do that, correct?
MR. DONALDSON: And again, you're not doing anything with Cassie unless you think she wants to do it, correct?
SHARAY DASHAWN HAYES: Yes, that is correct.
MR. DONALDSON: So while he's providing subtle directions, you are still involved in sexual intercourse with Cassie, correct?
SHARAY DASHAWN HAYES: That is correct.
MR. DONALDSON: And Cassie is showing you that she's engaged in the sexual intercourse, correct?
SHARAY DASHAWN HAYES: Yes. It seemed like it was consented as far as I was concerned.
MR. DONALDSON: Seemed like it was mutual and she was having a good time and you were having a good time, correct?
SHARAY DASHAWN HAYES: Well, I can only speak for myself, but it seemed like the scenario, I was there to create the scene or whatever, that it was going well. That was my goal. I really looked at it as a job, and in those moments, I would feel I was doing what I was there to.
MR. DONALDSON: So you say on the scene. So you're saying scene and you're saying Mr. Combs was providing directions, you said that?
MR. DONALDSON: So it was kind of like a movie, correct?
MR. DONALDSON: And Mr. Combs was saying was the director?
SHARAY DASHAWN HAYES: Yes, that's correct.
MR. DONALDSON: You and Cassie were actors?
SHARAY DASHAWN HAYES: That is correct.
MR. DONALDSON: Sometimes coproducers?
SHARAY DASHAWN HAYES: I don't know what -- the title of what producers actually do, I thought they finance most of it.
MR. DONALDSON: Sorry. Definitely wasn't doing that, were you?
SHARAY DASHAWN HAYES: No, not doing that.
MR. DONALDSON: You mentioned something about throwing condoms. Do you recall that?
SHARAY DASHAWN HAYES: Yes, I do.
MR. DONALDSON: Mr. Combs came in and threw condoms on the couch you said?
SHARAY DASHAWN HAYES: Yeah, the couch sofa, similar.
MR. DONALDSON: This is while you and Ms. Cassie were already having sex, correct?
SHARAY DASHAWN HAYES: No, we were not having -- well, we were in -- I actually believe I was performing oral sex on her.
MR. DONALDSON: At that time, you were performing oral sex on Cassie, correct?
MR. DONALDSON: And based upon your performing oral sex on Cassie, it appeared to you that she was enjoying herself, correct?
SHARAY DASHAWN HAYES: Not this specific time. I didn't take any cues from it, so I can't call that one.
MR. DONALDSON: Not this specific time. Another time you performed oral sex on Cassie, it appeared she was enjoying it?
SHARAY DASHAWN HAYES: Yes, that was the time with the stack of money.
MR. DONALDSON: So when you were performing oral sex on Cassie, it appeared that she was enjoying it before the money came, correct?
MR. DONALDSON: And the money came and it shocked you, correct?
MR. DONALDSON: Because you and Cassie were having an enjoyable moment at that time, correct?
SHARAY DASHAWN HAYES: Well, I was -- I assumed so.
MR. DONALDSON: You assumed that because it appeared that Cassie was enjoying you performing oral sex on her, correct?
SHARAY DASHAWN HAYES: Yes, that specific time, yes.
MR. DONALDSON: I'll get back to the throwing condoms. So when you were performing oral sex on Cassie on the couch, Mr. Combs threw condoms on the couch, correct?
MR. DONALDSON: This was not threatening, correct?
SHARAY DASHAWN HAYES: No, it was not threatening, more just assertive.
MR. DONALDSON: And this kind of threw you off because you and Cassie had not previously used condoms, correct?
MR. DONALDSON: So that's why it threw you off, correct?
SHARAY DASHAWN HAYES: Yeah, also, and then I was experiencing my own anxiety, too, with -- I had not achieved an erection. In my thought process, the condoms I knew was going to be an obstacle for me in terms of getting an erection and maintaining one, too.
MR. DONALDSON: Just so we're clear, when you were performing oral sex on Cassie and the condoms got thrown on the couch, the throwing you off part was because you and Cassie had always had sex without condoms, correct?
SHARAY DASHAWN HAYES: Well, not always.
MR. DONALDSON: Most of the time?
SHARAY DASHAWN HAYES: Yeah, most of the time.
MR. DONALDSON: And then you said he said, I want to see you fuck her, correct?
MR. DONALDSON: And when he said that, that was because in the heat of the moment, you and Cassie were really getting into it, correct?
SHARAY DASHAWN HAYES: Yeah, it was the beginning of a sexual encounter. It seemed like -- I was definitely stalling. Oral sex kind of was like a beginning start to me being able to do penetration. So part of the startle was I wasn't ready, so I felt the sexual pressure of the demand to start penetration.
MR. DONALDSON: And you said demand. It wasn't a demand, it was a suggestion, correct?
SHARAY DASHAWN HAYES: It was an aggressive suggestion, that's how I interpreted it.
MR. DONALDSON: It was not threatening, though, correct?
SHARAY DASHAWN HAYES: It was not threatening.
MR. DONALDSON: It was not threatening and it was Mr. Combs appearing to be impatient, correct?
SHARAY DASHAWN HAYES: Yes, possibly, yes.
MR. DONALDSON: Now, you also mentioned that you ejaculated oftentimes on Cassie's stomach or near her vagina area?
SHARAY DASHAWN HAYES: Particularly just her vagina area, not her stomach.
MR. DONALDSON: To be clear, Ms. Cassie will be the one to instruct you where to ejaculate on her, correct?
SHARAY DASHAWN HAYES: That is correct.
MR. DONALDSON: Mr. Combs never told you to or directed you to ejaculate anywhere on Cassie, correct?
SHARAY DASHAWN HAYES: He did not.
MR. DONALDSON: Anytime that you were performing intercourse on Cassie, when you were about to orgasm, Cassie would tell you, get up and ejaculate on my stomach, correct?
SHARAY DASHAWN HAYES: Her vagina area, that is correct.
MR. DONALDSON: There was an occasion where Cassie called you and you arrived at the hotel and nothing happened, correct?
MR. DONALDSON: And when you arrived at the hotel, Cassie opened the door and provided you money, correct?
MR. DONALDSON: She provided you approximately $500?
SHARAY DASHAWN HAYES: It was $500.
MR. DONALDSON: So, on that occasion, you actually got paid for doing nothing, correct?
SHARAY DASHAWN HAYES: That is correct.
MR. DONALDSON: So it would be fair for some time, you're getting paid for your time, correct?
SHARAY DASHAWN HAYES: Yeah, it was a quick day. For some reason she had to cancel the last minute, so she gave me the $500 for coming out.
MR. DONALDSON: And all these occasions that you had sexual intercourse with Ms. Ventura was in New York City, correct?
SHARAY DASHAWN HAYES: That is correct.
MR. DONALDSON: You mentioned drugs, or the prosecutor asked you about drugs. You never saw any drugs in any hotel room, correct?
SHARAY DASHAWN HAYES: The only thing that I saw would be I assume was marijuana.
MR. DONALDSON: You assume was marijuana?
SHARAY DASHAWN HAYES: Yeah.
MR. DONALDSON: And you said that when you observed Mr. Combs, he never appeared to be intoxicated, correct?
SHARAY DASHAWN HAYES: That is correct.
MR. DONALDSON: They didn't ask you, when you observed Ms. Ventura, she never appeared to be intoxicated, correct?
SHARAY DASHAWN HAYES: She did not.
MR. DONALDSON: And when you observed Ms. Ventura, she never appeared to be under the influence of any drugs, correct?
SHARAY DASHAWN HAYES: Not that I would recognize, no.
MR. DONALDSON: You wouldn't have sexual intercourse with a woman who you believed to be under the influence of drugs, would you?
SHARAY DASHAWN HAYES: I would not.
MR. DONALDSON: Because that would be bad, right?
MS. FOSTER: Objection.
THE COURT: That's overruled.
MR. DONALDSON: That would be bad, right?
SHARAY DASHAWN HAYES: Absolutely.
MR. DONALDSON: Right. So the ten or twelve times you visited Cassie Ventura and had sexual intercourse with her, it's fair to say she never appeared to you to be under the influence of drugs, correct?
SHARAY DASHAWN HAYES: She did not.
MR. DONALDSON: And you never saw any filming either, correct?
SHARAY DASHAWN HAYES: I did not.
MR. DONALDSON: And you never saw any violence, correct?
SHARAY DASHAWN HAYES: I did not.
MR. DONALDSON: Mr. Hayes, I wish you good luck on the success of your book. Thank you very much.
SHARAY DASHAWN HAYES: I appreciate that.
THE COURT: Ms. Foster.
MS. FOSTER: Yes, just a few questions.
REDIRECT EXAMINATION BY MS. FOSTER:
MS. FOSTER: Hello, Mr. Hayes. You mentioned on cross-examination that there was one time when you thought Ms. Ventura was enjoying herself; is that right?
MS. FOSTER: And what made you, on that occasion, think that Ms. Ventura was enjoying herself?
SHARAY DASHAWN HAYES: Well, it was actually the first time we had unprotected sex.
MS. FOSTER: Without the details, just, what did she do that made you think she was enjoying herself?
MR. DONALDSON: Objection, Judge.
THE COURT: Overruled. Overruled.
SHARAY DASHAWN HAYES: Well, she -- the scenario was I just finished performing oral sex and it was a moment in between where you have penetrative sex, and she had -- Mr. Combs was in the room in close proximity, so I saw her look to Mr. Combs for I guess consent. That's how I interpreted it.
MR. DONALDSON: Objection.
THE COURT: It's overruled. A. So I interpreted it and Mr. Combs said something to her, like, go ahead, enjoy yourself or whatever, and that was the first time we had unprotected sex. So I read the desire or the getting consent as an approval. So that's why -- and that's why I interpreted to somewhat that it was enjoyable for her.
(Continued on next page)
BY MS. FOSTER:
MS. FOSTER: So it was the fact that she looked at Mr. Combs --
SHARAY DASHAWN HAYES: Not just --
MS. FOSTER: -- that made you think that?
SHARAY DASHAWN HAYES: Not just looked at Mr. COmbs, but it was a heated sexual moment. And I thought she was turning to her partner to get consent for unprotected sex.
MS. FOSTER: Did she make any noises that indicated she was enjoying herself?
MR. DONALDSON: Objection, your Honor.
THE COURT: Overruled.
MR. DONALDSON: Withdrawn.
SHARAY DASHAWN HAYES: No noises as a cue. The cue that I lean to was after performing -- I was performing oral sex, I'm between her legs. So when I rose up, she moved her body towards me, like, her -- she scooted forward to put herself in line with penetration. So that was the physical interaction that I -- I witnessed that I interpreted it as her enjoying it.
MS. FOSTER: And were there any other times that you interpreted her as enjoying herself during any of these sexual interactions?
SHARAY DASHAWN HAYES: Um, not anything that stands out. That one was specific to me because, again, it was our first time having unprotected sex. So I -- in my mind, that was a -- a big gesture, so I assumed that it was an enjoyable moment. That was my assumption.
MS. FOSTER: Mr. Hayes, do you remember meeting with the government a few days ago?
MS. FOSTER: And when you met with us a few days ago, do you remember testifying about whether there were any other -- or speaking to the government about whether there were any other interactions you remember that you believe Ms. Ventura was enjoying herself on?
MR. DONALDSON: Objection.
SHARAY DASHAWN HAYES: Um --
MR. DONALDSON: Objection.
THE COURT: Hold on. Ms. Foster, why don't we take a step back. Why don't you ask a few more questions, and we can see if there is still an objection.
MS. FOSTER: We can continue on.
BY MS. FOSTER:
MS. FOSTER: You mentioned that Ms. Ventura did not appear to be under the influence of any drugs on prior interactions with her?
MS. FOSTER: How much experience in your own life do you have with being around people who are under the influence of drugs?
SHARAY DASHAWN HAYES: Not much.
MS. FOSTER: Did you ever see Ms. Ventura outside the context of meeting with her for one of these sexual encounters?
SHARAY DASHAWN HAYES: I did not.
MS. FOSTER: And did you ever speak with her in person outside of the context of one of these sexual encounters?
SHARAY DASHAWN HAYES: I did not.
MS. FOSTER: You mentioned on cross-examination that there was a time you went to meet Ms. Ventura and Mr. Combs and you were turned away at the door, is that right?
MS. FOSTER: And you said you were paid $500 for that encounter?
SHARAY DASHAWN HAYES: That is correct.
MS. FOSTER: How did that amount of money compare to the times when you had sexual contact with Ms. Ventura in front of Mr. Combs?
SHARAY DASHAWN HAYES: Well, it was -- it was a lesser amount, but it was -- it was kind of, like, I guess, a cancellation fee. I don't know how else to sum it up.
MS. FOSTER: One second, your Honor.
(Counsel confer)
MS. FOSTER: Do you remember testifying about Ms. Ventura seeming to enjoy herself on that one encounter that we just talked about?
MR. DONALDSON: Objection, Judge.
THE COURT: It's overruled. A. Yes.
MS. FOSTER: And you mentioned that there were other times when you would have sexual encounters with Ms. Ventura where she would wince, is that right?
SHARAY DASHAWN HAYES: Yes, to some of the directions.
MS. FOSTER: And she would sigh?
MS. FOSTER: And you mentioned that during these encounters, her focus was on Mr. Combs for a large part of them, is that right?
SHARAY DASHAWN HAYES: Um --
MR. DONALDSON: Objection, Judge. Mischaracterizes the evidence.
THE COURT: Hold on. Do you mean objection?
MR. DONALDSON: Yes.
THE COURT: Stop.
MR. DONALDSON: My fault. My fault.
THE COURT: That's overruled.
BY MS. FOSTER:
MS. FOSTER: You may answer.
SHARAY DASHAWN HAYES: Yes. Like I said earlier, there was a consistent awareness to Mr. Combs' direction and I guess his perception of either the desires during the moments.
MS. FOSTER: No further questions.
THE COURT: Anything further, Mr. Donaldson?
MR. DONALDSON: Just two.
RECROSS EXAMINATION BY MR. DONALDSON:
MR. DONALDSON: When you mentioned heated, just now you said there was a heated -- it was a heated sex scene. Do you recall saying that?
SHARAY DASHAWN HAYES: Yeah, it was -- it was -- it was steamy. It was intense. It was probably our best sexual interaction.
MR. DONALDSON: Steamy, intense, what does that mean? Describe that in detail. What do you mean?
SHARAY DASHAWN HAYES: Um, it -- you know, as far as me being there with sexual pressure and stuff like that, it was probably the day that I felt like I did a great job. I thought it was enjoyable for both Ms. Ventura and Mr. Combs in that circumstance.
MR. DONALDSON: So when you say both for Ms. Ventura, what do you mean by for Ms. Ventura? What was steamy about the sex scene that you thought was --
SHARAY DASHAWN HAYES: Just, I'm still basing it off of the same details that I said. There was a period of time where I finished oral sex, it appeared she moved towards me for penetration --
MR. DONALDSON: Stop right there. So when you say you finished oral sex, you said she then scooted towards you, correct?
MR. DONALDSON: She scooted towards you without direction from anyone?
SHARAY DASHAWN HAYES: Yeah. The scooting towards me, there was no direction associated.
MR. DONALDSON: That was all her wanting to do that, correct?
SHARAY DASHAWN HAYES: Um, the way it was interpreted, yes.
MR. DONALDSON: And then prior to that, the steamy interaction between you and Cassie was all her and you enjoying a sexual moment, correct?
MS. FOSTER: Objection.
THE COURT: If you can rephrase that question.
MR. DONALDSON: This sexual moment that you were having with Cassie that you say was steamy, there was nothing about that moment that would lead you to believe that Ms. Cassie wasn't engaged with you in that sexual activity, correct?
MS. FOSTER: Objection.
SHARAY DASHAWN HAYES: There --
THE COURT: It's overruled. A. Yeah, in that moment, I had no reason to believe that she wasn't engaged.
MR. DONALDSON: She appeared to you that she was completely 100 percent desirous of having that sexual moment with you, correct?
SHARAY DASHAWN HAYES: That -- that wouldn't be my words, but I did feel like I was doing a good job, or based on my sexual pressure of the moments and stuff, that was my best day, encounter.
MR. DONALDSON: Do you have any idea whether or not Cassie -- I'm just going to ask. You said that you had orgasms?
SHARAY DASHAWN HAYES: Correct. Yes.
MR. DONALDSON: And 10 or 12 time situations, do you recall at all whether Cassie had any orgasms?
SHARAY DASHAWN HAYES: Not that I can confirm, only -- only that I can assume.
MR. DONALDSON: Assume?
SHARAY DASHAWN HAYES: The only time.
MS. FOSTER: Objection.
THE COURT: That's sustained. The jury should disregard the witness's last answer.
MR. DONALDSON: No further questions.
MS. FOSTER: Nothing from the government.
THE COURT: All right. Thank you, Mr. Hayes.
(Witness excused)
THE COURT: Government may call the next witness.
MS. SMYSER: Your Honor, the government calls Special Agent Gerard Gannon. This witness will involve physical evidence. We just need a couple of minutes to set up.
THE COURT: All right. A couple minutes? Should we wait here?
MS. SMYSER: Either way. I think you can wait here.
THE COURT: All right. We'll wait on you. Anyone on the jury wants to stand up for a second, please do. If you want to stretch your legs, that's perfectly OK. I'll do it first.
MR. AGNIFILO: Your Honor, while we're standing, could we come to the side for two minutes while we're all standing up?
THE COURT: Yes.
(Continued on next page)
(At the sidebar)
MR. AGNIFILO: So after we had the time -- I would ask it this way. Are you guys going to be wanting to put physical evidence in front of the jury like we did before?
MS. COMEY: We need to get Ms. Smyser to ask her.
MR. AGNIFILO: OK.
THE COURT: I think the answer is yes.
MR. AGNIFILO: I'm sensing that.
THE COURT: I don't think we need to check with anybody.
MR. AGNIFILO: I think so, Judge.
THE COURT: All right. What's the issue?
MR. AGNIFILO: I would object, unless there is something in particular that the jury has to see because of the qualities of that object. I think the idea of them handling whatever physical evidence that is going to be admitted through this witness, A, it takes time, which is precious and, B, I don't know what the relevance is, unless there is independent relevance.
THE COURT: Well, if you have any objection to any of the pieces of evidence as having relevance for the case -- If you have any objection to the evidence or any of the pieces of evidence, hopefully you discussed that with the government.
MR. AGNIFILO: I don't think --
THE COURT: And there isn't any --
MR. AGNIFILO: The problem isn't going to be there.
THE COURT: There is no issue on relevance. What objection could you possibly have to the actual evidence being presented to the jury?
MR. AGNIFILO: I think the objection is, unless it's particularly relevant for the jury to handle the evidence, which very often it is not, there is a prejudicial quality to the jury being permitted to handle evidence. And if there is something relevant, like, you would need to see how heavy this is or you need to see some aspect of the physical characteristics of this evidence, I understand that. But just to give the jury drugs, or whatever is going to be admitted through this witness, I don't know what the independent -- we'll use the word relevance, I don't mean relevance -- I don't know what the independent fact-finding objective is of that.
MS. GERAGOS: To add, I think because we've stipulated a lot to drugs, that all the drugs that will be shown to the jury right now are the drugs that the agent will say that they are. I think Mr. Agnifilo's point is why do we have to then hand them to each juror to look at? We're stipulating as to what they are, right?
MR. AGNIFILO: That's part of it. I just don't know what other fact-finding value there is in giving the jury the evidence.
THE COURT: Is there any response?
MS. COMEY: Your Honor, I'm not sure that this is going to matter for this witness. We are going to make an efficient presentation of the evidence. Some of this evidence may be difficult to see, and so we might need to bring it closer to the jury so they can take a look. Passing it around is often a way for the jury to actually understand what the evidence is.
THE COURT: What is the evidence?
MS. COMEY: There's a variety of evidence seized from one of Mr. Combs' residences. I don't think we're going to pass much, if any, of it around for the witness. I don't think this is going to end up being an issue. Actually, here is Ms. Smyser.
MR. AGNIFILO: We started without you.
MS. SMYSER: I see.
THE COURT: What is the evidence? What are we talking about here?
MS. SMYSER: We're not passing out any evidence.
THE COURT: OK.
MS. SMYSER: I'm going to have him walk one piece of evidence in front of the jury and stand up and hold pieces of evidence.
MR. AGNIFILO: There you go.
THE COURT: We had this long discussion we really needed, Ms. Smyser. Good.
MR. AGNIFILO: All right.
(Continued on next page)
(In open court)
THE COURT: Welcome. Please come up.
COURT CLERK: Remain standing for a moment and raise your right hand. GERARD GANNON, called as a witness by the Government, having been duly sworn, testified as follows: Thank you. You may be seated. Before the direct begins, if you could just please give your first and last name and spell your first and last name for the court.
SHARAY DASHAWN HAYES: Yes. My name is Gerard Gannon. G-e-r-a-r-d. Last name G-a-n-n-o-n.