7.George Kaplan — Redirect/Recross/Direct (Recall, Part 1)
649 linesREDIRECT EXAMINATION BY MS. STEINER:
MS. STEINER: Good afternoon again, Dr. Hughes.
GEORGE KAPLAN: Good afternoon.
MS. STEINER: I'm going to start where we left off about your review of some filings to the Court in this case; is that correct?
GEORGE KAPLAN: Yes.
MS. STEINER: And is everything that you reviewed, does that all relate to the subject matter of your expert testimony?
GEORGE KAPLAN: Yes.
MS. STEINER: And did you review anything that was not about the topics of your testimony?
GEORGE KAPLAN: No, I did not.
MS. STEINER: Did you review any factual information about this case?
GEORGE KAPLAN: No, I did not.
MS. STEINER: And in fact, when you reviewed those briefs, weren't they at times redacted such that you could not look at any factual information about this case?
GEORGE KAPLAN: Yes, they were.
MS. STEINER: And you were also asked on cross-examination about having several meetings with the government. Do you recall that?
GEORGE KAPLAN: Yes.
MS. STEINER: And part of what you were doing, in your own words during those meetings, was educating the government, right?
GEORGE KAPLAN: Yes.
MS. STEINER: And part of what you were doing was also making sure your testimony fit within what the Court permitted of your testimony; is that right?
GEORGE KAPLAN: That is correct, too.
MS. STEINER: You informed the government that you could only testify about certain subjects; is that right?
GEORGE KAPLAN: That's correct.
MS. STEINER: And that was in line with the Court's ruling; is that correct?
GEORGE KAPLAN: That's correct.
MS. STEINER: Was that a substantial portion of the discussions you had with government during your meetings?
GEORGE KAPLAN: Yes.
MS. STEINER: I want to talk with you about some of your qualifications, Dr. Hughes. You were asked a lot of questions on cross-examination about your various positions. Do you recall that?
GEORGE KAPLAN: Yes.
MS. STEINER: And you were asked a lot of questions about a particular presentation that you gave about 10 years ago; is that right?
GEORGE KAPLAN: Correct.
MS. STEINER: And you testified that you gave that presentation once; is that right?
GEORGE KAPLAN: Correct.
MS. STEINER: So one time 10 years ago?
GEORGE KAPLAN: Correct.
MS. STEINER: Have you given it since?
GEORGE KAPLAN: Not this particular one, no.
MS. STEINER: Since then, what have you focused on in any presentations you've given?
GEORGE KAPLAN: I mean, the majority of the presentations are for psychologists or mental health professionals, but also for lawyers and judges. I focus on training individuals to do comprehensive forensic assessments and also how to understand trauma and traumatic stress and domestic violence and rape and sexual assault.
MS. STEINER: And approximately how many trainings and presentations in the area of trauma and sexual assault have you given?
GEORGE KAPLAN: I don't know. A lot. 30 maybe on my CV. I haven't counted.
MS. STEINER: Are they all generally about the subject matters you've just described?
GEORGE KAPLAN: Generally, yes.
MS. STEINER: Do you also attend professional conferences, Dr. Hughes?
GEORGE KAPLAN: Yes, I do.
MS. STEINER: Can you describe those generally.
GEORGE KAPLAN: Sure. I go to the American Psychological Association conference every year, which is in August. I go to the American Board of Forensic Psychology once a year. I usually try to go to the trauma conferences, the International Society for Traumatic Stress Studies conference.
MS. STEINER: And from your testimony on cross-examination, it sounds like you have published in the past, but that's not the primary focus of your current professional career; is that fair?
GEORGE KAPLAN: That's correct.
MS. STEINER: When you have published in the past, what would have been the areas of your publications, generally?
GEORGE KAPLAN: In the area of childhood sex abuse, which was coming out of the research when I was in that clinic. I also published a book chapter on rape and sexual assault on adult women. I also published a book chapter on assessment of risk.
MS. STEINER: Even though you're not currently publishing, how do you remain up to date on the current state of the academic literature?
GEORGE KAPLAN: Well, I go to conferences all the time, I attend continuing education courses. Even when I teach a course, I have to be abreast of the literature. I'm subscribed to too many journals that I can't read all the time and try to also coordinate with my peers and my colleagues who are also experts in this field.
MS. STEINER: Dr. Hughes, are you a board certified forensic psychologist?
GEORGE KAPLAN: Yes, I am.
MS. STEINER: What does that mean?
GEORGE KAPLAN: That is the highest level a psychologist can get. It requires going through sort of rigorous testing and examination in order to meet the qualifications in order to be a board certified forensic psychologist.
MS. STEINER: Approximately how many board certified forensic psychologists are there in New York State?
GEORGE KAPLAN: I think there's about 40 in New York State.
MS. STEINER: And you also testified earlier about your professional affiliations. Can you again just describe briefly, and if you've left any out, please include them, any leadership roles you have in those organizations.
GEORGE KAPLAN: As I stated in the trauma psychology division of APA, of the American Psychological Association, I've been on various roles of that board -- or that organization since its inception, and culminating in being the president last year, just rotated off the presidential term. I also was the president of the Women's Mental Health Consortium, which is a New York City-based, multidisciplinary organization to help women with their mental health across the lifespan.
MS. STEINER: And you also testified that you have a clinical practice; is that correct?
GEORGE KAPLAN: That's correct.
MS. STEINER: How long have you had a clinical practice?
GEORGE KAPLAN: Since I began, signs 1998.
MS. STEINER: Approximately, how many trauma victims have you treated?
THE COURT: It's overruled.
GEORGE KAPLAN: Thousands at this point.
MS. STEINER: I want to ask you specifically as to memory. Is that an issue that comes up in your clinical practice?
GEORGE KAPLAN: Yes, it does.
MS. STEINER: How so?
GEORGE KAPLAN: Because sometimes, as I testified to, my clients especially who have had repetitive multiple traumas can have some memories that are just in their head and in their face and causing a tremendous amount of distress, and then they can have these other memories where they only have bits and pieces of it and it's not a full coherent narrative.
MS. STEINER: Does the issue of memory and how its impacted by trauma also come up in your forensic work?
GEORGE KAPLAN: Yes, of course.
MS. STEINER: How does it come up in your forensic work?
GEORGE KAPLAN: Because when you're assessing or evaluating an individual, you do want to understand how, if the trauma did impact the memory or are there other things, like Mr. Bach said, is there malingering, is someone telling me something that I know is not true. I want to be able to buttress my understanding of a person in the literature of what we know about memory and trauma memories.
MS. STEINER: And speaking of malingering, that's a term you were asked about on cross-examination. Do you recall that?
GEORGE KAPLAN: Yes.
MS. STEINER: I believe you testified that it's defined as fabricating an emotional response; is that right?
GEORGE KAPLAN: The technical definition is the false production of psychological symptoms. So saying that you have psychological symptoms that you don't really have. We have tests that can determine how people might try to do that.
MS. STEINER: But to be clear, it's not about fabricating any facts about what happened; is that right?
GEORGE KAPLAN: That's correct.
MS. STEINER: And how common is the phenomenon of malingering in your clinical practice?
THE COURT: That's overruled.
GEORGE KAPLAN: Usually people don't malinger in the clinical practice because they're going there to get help. So there's no motivation to malinger.
MS. STEINER: Is it fair to say it's uncommon?
GEORGE KAPLAN: Correct.
MS. STEINER: And how about in your forensic practice?
GEORGE KAPLAN: In the forensic practice, it probably is about under 10 percent, which is consistent with some of the statistics on what we see in malingering. Again, malingering is just one. There are many types of response styles that we're trying to assess.
MS. STEINER: You were also asked about, I believe the term is prevarication; is that correct?
GEORGE KAPLAN: Correct.
MS. STEINER: How would you define that?
GEORGE KAPLAN: Lying.
MS. STEINER: Is that something that you're also attempting to tease out in your clinical and forensic work?
GEORGE KAPLAN: I'm trying to see if the individual is giving me information that is consistent with the other data. If someone says I was in a car accident on the FDR Drive and there was no car accident on that day at that time, then that wouldn't be an accurate memory for them to be telling me about.
MS. STEINER: Would you say that that phenomenon is common or uncommon?
GEORGE KAPLAN: Lying?
MS. STEINER: Yes.
GEORGE KAPLAN: I think it can happen, I don't think it's particularly common, but it can happen for sure.
MS. STEINER: You were asked on cross-examination several questions about how you evaluate patients in your private practice. Do you recall that?
GEORGE KAPLAN: Yes.
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MS. STEINER: So you were asked questions about setting the affect of an individual and the cognitive style and the personal details. Do you recall all of that?
GEORGE KAPLAN: Yes.
MS. STEINER: You also testified that you're testifying as a blind expert, is that correct?
GEORGE KAPLAN: That's correct.
MS. STEINER: Approximately how many criminal trials have you testified in, Dr. Hughes?
GEORGE KAPLAN: Probably about half of the trials that I have testified in, if not more.
MS. STEINER: Can you give us a ballpark number?
GEORGE KAPLAN: So if I testified in about 60 trials, maybe 30. I haven't really gone through and done criminal and civil, but maybe 30 or 40 are criminal.
MS. STEINER: In all of the criminal trials that you can recall, have you ever been permitted to analyze an individual witness or victim?
GEORGE KAPLAN: When I'm called as a blind expert?
MS. STEINER: When you're called as a blind expert.
MS. STEINER: Again, when you're called as a blind expert are you permitted to evaluate an individual witness in a case?
GEORGE KAPLAN: My understanding is, no, I'm not.
MS. STEINER: And how does the fact that you can't assess an individual witness or victim in a criminal case affect your ability to testify regarding any particular witnesses or victims in the case?
THE COURT: Ms. Steiner, could you rephrase, just to hopefully clarify the question.
MS. STEINER: Of course.
MS. STEINER: Dr. Hughes, what is your role here today?
GEORGE KAPLAN: Again, as I stated, my role is to impart information in my area of expertise about domestic violence and sexual assault and why individuals stay and how they cope and how they remember things. And that's just blind testimony, giving you the knowledge and the experience that I have, having done this work for 30 years.
MS. STEINER: You have testified that in part your testimony here today is based on not only your clinical practice but also the academic literature and research, is that correct?
GEORGE KAPLAN: That's correct.
MS. STEINER: What is academic literature and research based on?
GEORGE KAPLAN: On scientific studies.
MS. STEINER: And what is a scientific study?
GEORGE KAPLAN: A scientific study has a significant amount of what we say methodological rigor. There are very clear rules about how we analyze data and how we see if things are significant where there are measure patterns that can emerge.
MS. STEINER: Is it often a study, a group study?
GEORGE KAPLAN: Right. We are looking at groups of individuals to render some kind of understanding, groups of individuals who have experienced domestic violence, for example, and how many of those individuals would meet criteria for PTSD. That would be an example.
MS. STEINER: What is the value of conducting a group study, as opposed to doing an individual assessment?
GEORGE KAPLAN: Well, we have to use the group studies to understand the individuals that we are going to treat. The studies give us sort of evidence-based knowledge and evidence-based practice that then we take to our practices with individuals or in our forensic practice to make an accurate assessment.
MS. STEINER: Finally, Dr. Hughes, you were asked on cross-examination about your prior testimony for the government. Do you recall that?
GEORGE KAPLAN: Yes.
MS. STEINER: And you testified that you have been retained for the government on other occasions, is that correct?
GEORGE KAPLAN: That is correct.
MS. STEINER: Across the river, for example?
GEORGE KAPLAN: Yes.
MS. STEINER: Have you also been retained by defense attorneys?
GEORGE KAPLAN: Yes, of course.
MS. STEINER: In fact, have you previously been retained by any of the defendant's attorneys here in this case?
GEORGE KAPLAN: Yes, I have.
MS. STEINER: No further questions.
THE COURT: Anything further, Mr. Bach?
RECROSS EXAMINATION BY MR. BACH:
MR. BACH: Dr. Hughes, you testified a moment ago that you have testified for defendants in criminal cases.
GEORGE KAPLAN: That's correct.
GEORGE KAPLAN: Some of them are. Some have not been.
MR. BACH: In other words, they are people who, because of domestic violence, reached out and responded in some way, correct?
GEORGE KAPLAN: In some cases, yes.
MR. BACH: So when you say defendants, you're talking about people that you regard as victims of domestic violence, correct?
GEORGE KAPLAN: Not always. That's not correct.
MR. BACH: But the vast majority of your defense work has been with victims of domestic violence, correct?
GEORGE KAPLAN: I'm not sure that's correct.
GEORGE KAPLAN: That's correct.
GEORGE KAPLAN: That's correct.
MR. BACH: That was in connection with a woman who was claimed to be a victim of domestic violence, correct?
GEORGE KAPLAN: That's correct.
MS. STEINER: Objection.
THE COURT: Overruled.
MR. BACH: He was a victim of domestic violence, and she responded by shooting her husband in the head with a gun five times, correct?
GEORGE KAPLAN: So I was not a testifying expert in that case, so I'm not comfortable answering some of these questions. That may be confidential.
GEORGE KAPLAN: I did not testify in that case.
THE COURT: Move on.
GEORGE KAPLAN: Yes.
MR. BACH: You've testified today not just about scientific studies but about what you call your own personal experience in your own private practice, correct?
GEORGE KAPLAN: And my forensic practice, correct.
GEORGE KAPLAN: That's correct.
MR. BACH: Those are not group studies that other practitioners in your field can look at to learn categories and patterns, correct?
GEORGE KAPLAN: That's correct.
MR. BACH: And often when you testified you would say, I know from the literature and my own personal experience certain things, correct?
GEORGE KAPLAN: Sometimes, sure.
MR. BACH: And you didn't distinguish whether you learned about it from a scientific study in a journal or whether it's something that you inferred from talking to some of your patients in your practice, correct?
GEORGE KAPLAN: Correct. And there is remarkable consistency between what I see in the literature and what I see in my patients and what I see in my forensic practice. They do blend together.
MR. BACH: And we have to take your word for that because there is no public data relating to that, right?
GEORGE KAPLAN: That's correct.
GEORGE KAPLAN: Correct.
MR. BACH: You were asked some questions about your understanding about whether you could speak to individual witnesses in this case, correct?
GEORGE KAPLAN: Yes.
MS. STEINER: Objection.
THE COURT: Sustained.
MS. STEINER: Objection.
THE COURT: Sustained. Let's move on.
MR. BACH: You talked about malingering in your clinical practice. In your clinical practice, when people come to you, they come to you for treatment, correct?
GEORGE KAPLAN: That's correct.
GEORGE KAPLAN: That's correct.
GEORGE KAPLAN: That's correct.
MR. BACH: I mean, what you're interested in is the person's feelings and their emotional condition, correct?
GEORGE KAPLAN: Well, I'm interested in the connection between the experiences that they had and their feelings and their emotions for sure.
MR. BACH: If you can get them to a state of emotional stability or emotional comfort, that's a win for your therapy, regardless of what the truth or falsity is, correct?
GEORGE KAPLAN: It's a win for my patients, for sure.
MR. BACH: Absolutely. And in your forensic work, that's different from your clinical work, right?
GEORGE KAPLAN: Correct.
MR. BACH: And that's where malingering is important because that's where courts and lawyers and judges review the work, correct?
GEORGE KAPLAN: That's correct.
MR. BACH: And that's where you always approach things with a healthy degree of skepticism, correct?
GEORGE KAPLAN: Yes.
GEORGE KAPLAN: Yes.
GEORGE KAPLAN: Yes.
MR. BACH: And whatever the technical definition of malingering is, you're trying to figure out if you're learning the facts and learning the truth, correct?
GEORGE KAPLAN: I'm trying to figure out if everything goes together and makes sense and there is consistency across data points.
GEORGE KAPLAN: That's correct.
THE COURT: Ms. Steiner, anything further?
MS. STEINER: No, your Honor.
THE COURT: Thank you very much, Dr. Hughes.
GEORGE KAPLAN: Thank you, your Honor.
(Witness excused)
THE COURT: Government may call its next witness.
MS. COMEY: The government calls George Kaplan. May I approach to remove the items?
THE COURT: You may.
MS. COMEY: Thank you, your Honor. GEORGE KAPLAN, called as a witness by the Government, having been duly sworn, testified as follows:
MS. COMEY: May I inquire, your Honor?
THE COURT: You may.
MS. COMEY: Thank you.
DIRECT EXAMINATION BY MS. COMEY:
MS. COMEY: Good afternoon.
MS. COMEY: How old are you?
GEORGE KAPLAN: Thirty-four.
MS. COMEY: How far did you go in school?
GEORGE KAPLAN: I got a bachelor's degree from the College of Charleston.
MS. COMEY: What was your first job after college?
GEORGE KAPLAN: I worked at Nickelodeon for seven months.
MS. COMEY: What did you do at Nickelodeon for seven months?
GEORGE KAPLAN: I was the executive assistant to the SVP of creative operations.
MS. COMEY: What was your next job after that?
GEORGE KAPLAN: I was the executive assistant to the chief operating officer of Combs Enterprises.
MS. COMEY: How did you end up moving from Nickelodeon to Combs Enterprises?
GEORGE KAPLAN: My boss moved from Nickelodeon to Combs Enterprises to become the chief operating officer, and I joined him.
MS. COMEY: Who was your boss?
GEORGE KAPLAN: His name was Brian Offutt.
MS. COMEY: When did you move with him to Combs Enterprises?
GEORGE KAPLAN: December 2013.
MS. COMEY: When did you stop working for Combs Enterprises?
GEORGE KAPLAN: December 2015.
MS. COMEY: What is Combs Enterprises?
GEORGE KAPLAN: Combs Enterprises is a holding company that controls the business interests of Sean Combs' companies.
MS. COMEY: Could you explain to the jury what is a holding company, please.
GEORGE KAPLAN: It's a company that oversees a bunch of other companies. Often, in the case of Mr. Combs, someone who owns or operates numerous companies will have a company that is responsible and accountable for the success of the other companies known as a holding company.
MS. COMEY: In the case of Combs Enterprises could you just give us a general sense of what types of businesses fell under the umbrella of that holding company?
GEORGE KAPLAN: Lifestyle businesses, liquor, television, music, clothing.
MS. COMEY: Who ran all of those businesses?
GEORGE KAPLAN: Mr. Combs.
MS. COMEY: What was your first job title at Combs Enterprises?
GEORGE KAPLAN: The executive assistant to the chief operating officer.
MS. COMEY: What were your duties and responsibilities in that role?
GEORGE KAPLAN: They were very administrative, scheduling meetings, scheduling phone calls, scheduling executive leadership off-sites and travel, things of that nature.
MS. COMEY: Where did you physically work when you had that job title?
GEORGE KAPLAN: At 1710 Broadway in Manhattan.
MS. COMEY: For about how long did you have that job title?
GEORGE KAPLAN: About 10 months.
MS. COMEY: And then what was your next job title at Combs Enterprises?
GEORGE KAPLAN: Executive assistant to the chairman.
MS. COMEY: Who was the chairman?
GEORGE KAPLAN: Sean Combs.
MS. COMEY: How did you get that job?
GEORGE KAPLAN: I was promoted.
MS. COMEY: Do you know why?
GEORGE KAPLAN: I think that Mr. Combs noticed my work ethic and attention to detail and thought that I could be of value to him professionally.
MS. COMEY: So about when did you get this promotion?
GEORGE KAPLAN: September 2014.
MS. COMEY: Remind us when you left the company.
GEORGE KAPLAN: December 2015.
MS. COMEY: Can we please pull up what's in evidence as Government Exhibit 2A-101, Ms. Foster.
MS. COMEY: Do you recognize the person in that photograph?
GEORGE KAPLAN: Yes.
MS. COMEY: Who is that?
GEORGE KAPLAN: Sean Combs.
MS. COMEY: The same Sean Combs we have been talking about?
GEORGE KAPLAN: Yes.
MS. COMEY: Do you know him by any other names?
GEORGE KAPLAN: Mr. Combs, Puff Daddy, P Diddy, PD.
MS. COMEY: During your time working at Combs Enterprises, what was Mr. Combs' role at Combs Enterprises?
GEORGE KAPLAN: He was the chairman.
MS. COMEY: We can take that down. Thank you, Ms. Foster.
MS. COMEY: Who did you personally report to when you were Mr. Combs' assistant?
GEORGE KAPLAN: I reported to Kristina Khorram, who was the director of his office.
MS. COMEY: Ms. Foster, would you please pull up what's in evidence as Government Exhibit 2A-301.
MS. COMEY: Do you recognize the person in that photograph?
GEORGE KAPLAN: Yes.
MS. COMEY: Who is that?
GEORGE KAPLAN: Kristina Khorram.
MS. COMEY: The same Kristina Khorram you were just talking about?
GEORGE KAPLAN: Yes.
MS. COMEY: Do you know her by any other names?
MS. COMEY: What was her role within Combs Enterprises?
GEORGE KAPLAN: She was the director of Mr. Combs' executive office.
MS. COMEY: So what were her job responsibilities?
GEORGE KAPLAN: She essentially ran Mr. Combs' life.
MS. COMEY: We can take that down. Thank you.
MS. COMEY: During your time working as Mr. Combs' assistant, who paid your salary?
GEORGE KAPLAN: Combs Enterprises.
MS. COMEY: Where did you physically report when you worked as Mr. Combs' assistant?
GEORGE KAPLAN: To his home in Los Angeles.
MS. COMEY: Where was that during your time working for him?
GEORGE KAPLAN: 200 Mapleton.
MS. COMEY: Generally, what were your duties and responsibilities as Mr. Combs' assistant?
GEORGE KAPLAN: I carried his bags. I made sure that they had everything that they might need in them for wherever we were going, and also made sure that his homes were organized and had his belongings where he needed them.
MS. COMEY: You mentioned carrying bags. What were in these bags that you carried?
GEORGE KAPLAN: Clothes, medicine, computers and iPads, sometimes food.
MS. COMEY: Where did you bring these bags?
GEORGE KAPLAN: Wherever we were going.
MS. COMEY: When you say we, who do you mean?
GEORGE KAPLAN: Mr. Combs.
MS. COMEY: How, if at all, did your duties and responsibilities change as you continued to work for Mr. Combs?
GEORGE KAPLAN: I think that as he grew to trust me a bit more, he had me around a bit more. I don't know that day-to-day duties changed tremendously, but I think that his confidence in my ability to do the things that he wanted continued to improve.
MS. COMEY: So how did that impact the work that Mr. Combs asked you to do?
GEORGE KAPLAN: It broadened the purview a little bit. I would say I started being around more at the studio and at night and ending nights, as opposed to only starting mornings.
MS. COMEY: What did those responsibilities broaden to include, for example?
GEORGE KAPLAN: Late nights at the studio, setting up hotel rooms, late nights at the house, making sure that everything was shut down after the day was over.
MS. COMEY: On average about how many hours per week did you work as Mr. Combs' assistant?
GEORGE KAPLAN: Between 80 and a hundred, I would say.
MS. COMEY: What were you paid for all of that work?
GEORGE KAPLAN: I got -- I was there for 15 months. For the first 12 I got paid $125,000, and I was also paid for the last three, but I don't know what the total was. It was the same amount over another three months.
MS. COMEY: What time would you typically start work each morning?
GEORGE KAPLAN: 9:30.
MS. COMEY: How would your day start typically as Mr. Combs' assistant?
GEORGE KAPLAN: Arrive at the house, make sure that the chef was ready to make breakfast, that the housekeeping staff was doing what they needed to do, make sure that the office room was organized, and then go into his bathroom and make sure that all of his toiletries and toothpastes and medications and, you name it, were available, facing forward, and ready for use.
MS. COMEY: About how long did that process take?
GEORGE KAPLAN: About a half hour.
MS. COMEY: What time did you generally finish work each day as Mr. Combs' assistant?
GEORGE KAPLAN: It varied significantly. I wouldn't say that any two days were really the same.
MS. COMEY: What's the earliest that you can remember finishing a day?
GEORGE KAPLAN: Maybe 6 p.m., 5 or 6 p.m.
MS. COMEY: What's the latest that you can remember finishing a day?
GEORGE KAPLAN: 6 or 7 a.m.
MS. COMEY: Why did the time vary so much, in your experience?
GEORGE KAPLAN: Mr. Combs was recording a mix tape at the time, so he was spending a lot of time in the recording studio, which necessitated often late nights.
MS. COMEY: How did your nights typically end when you were working as Mr. Combs' assistant?
GEORGE KAPLAN: I would unpack the bags from the car, I would make sure that the office was ready to go for the next day, I would make sure that Mr. Combs was taken care of, that his bedroom was set up, that his phone chargers were ready to go, and that he had what he needed. I would get him food if he was hungry. And then I would go home.
MS. COMEY: During your time working for him, what other assistants, if any, did Mr. Combs have?
GEORGE KAPLAN: He had four other assistants while I was there that I recall. Their names were Ezequiel Leal, Alex Plaisance, Eric Purvis, and Dave Shirley.
MS. COMEY: Ms. Foster, would you please pull up just for the witness the Court and the parties what's been marked for identification as Government Exhibit 2A-310.
MS. COMEY: Do you recognize the person in that exhibit?
GEORGE KAPLAN: Yes.
MS. COMEY: Who is that?
GEORGE KAPLAN: Ezequiel Leal.
MS. COMEY: Is that the same Ezequiel Leal that you were just talking about?
GEORGE KAPLAN: Yes.
MS. COMEY: Your Honor, the government offers this in evidence.
MR. AGNIFILO: No objection.
THE COURT: 2A-310 will be admitted.
(Government Exhibit 2A-310 received in evidence)
MS. COMEY: May we please publish?
THE COURT: You may.
MS. COMEY: Just remind the jury what this person's role was.
GEORGE KAPLAN: An executive assistant to Mr. Combs.
MS. COMEY: We can take that down. Thank you, Ms. Foster. Would you please, Ms. Foster, pull up just for the witness, the Court, and the parties what's been marked for identification as Government Exhibit 2A-308.
MS. COMEY: Do you recognize the person in that photograph?
GEORGE KAPLAN: Yes.
MS. COMEY: Who is that?
GEORGE KAPLAN: That's me.
MS. COMEY: Your Honor, the government offers this in evidence.
MR. AGNIFILO: No objection.
THE COURT: It will be admitted.
(Government Exhibit 2A-308 received in evidence)
MS. COMEY: May we please publish briefly. We can take that down. Thank you, Ms. Foster.
MS. COMEY: During your time working for Mr. Combs, what, if any, security personnel also worked for him?
GEORGE KAPLAN: There were a few members of his security. There were two different teams during my time there. When I started, it was D-Roc, Paul, and Rube. And when I left, there were licensed security guards whose names I don't remember.
MS. COMEY: Let me break that down a bit. Starting with D-Roc, did you know him by any other names?
GEORGE KAPLAN: His first name was Damion.
MS. COMEY: And Rube, did you know him by any other names?
GEORGE KAPLAN: Rubin.
MS. COMEY: And Paul, did you know him by any other names?
GEORGE KAPLAN: Uncle Paulie.
MS. COMEY: Then you said that at some point there was licensed security, is that right?
GEORGE KAPLAN: Correct.
MS. COMEY: About when do you remember Mr. Combs hiring what you refer to as licensed security?
GEORGE KAPLAN: Some time in the second half of 2015.
MS. COMEY: Based on your experience working with and observing these security personnel, how did the new security in 2015 compare to the prior security team?
GEORGE KAPLAN: They were -- I would say they were more professional, they were more polished. They seemed to have a lot of real-time training.
MS. COMEY: When you say they in that sentence, who are you referring to?
GEORGE KAPLAN: The new security group.
MS. COMEY: What other employees for Mr. Combs did you regularly interact with during your time as his assistant?
GEORGE KAPLAN: The other assistants, Kristina, management, his stylist team, the chefs, and the heads of his business units.
MS. COMEY: Who within the management team in particular did you work with?
GEORGE KAPLAN: James Cruz and Elie Maroun.
MS. COMEY: Ms. Foster, would you please pull up what's been marked for identification as Government Exhibit 2A-312, just for the parties and the witness and the Court, please.
MS. COMEY: Do you recognize the person in that photograph?
GEORGE KAPLAN: Yes.
MS. COMEY: Who is that?
GEORGE KAPLAN: Elie Maroun.
MS. COMEY: Your Honor, the government offers this in evidence.
MR. AGNIFILO: No objection, Judge.
THE COURT: It will be admitted.
(Government Exhibit 2A-312 received in evidence)
MS. COMEY: May we please publish that, Ms. Foster, to the jury.
MS. COMEY: Mr. Kaplan, can you please tell the jury what this individual's role was for Mr. Combs.
GEORGE KAPLAN: He was on his management team.
MS. COMEY: We can take that down. Thank you.
MS. COMEY: What properties did Mr. Combs own during your time working as his assistant?
GEORGE KAPLAN: He had a home in Miami, he had an apartment in New York, he had a home in Los Angeles. And then I believe he had homes in New Jersey and the Hamptons as well, though I never went to either of them.
MS. COMEY: During your time working as his assistant, who typically traveled with Mr. Combs?
GEORGE KAPLAN: Assistants, security, sometimes guests or friends or stylists or other people.
MS. COMEY: During your time as Mr. Combs' assistant, how frequently did you communicate with him each day?
GEORGE KAPLAN: Multiple times a day.
MS. COMEY: And if you were apart, how would you communicate with him?
GEORGE KAPLAN: Phone, text, email.
MS. COMEY: And generally what topics would you and Mr. Combs discuss when communicating multiple times per day?
GEORGE KAPLAN: Things that he needed.
MS. COMEY: What kinds of things?
GEORGE KAPLAN: Generally, something that might be found in the bags, whether it was clothing or potentially food from somewhere or drugs or liquor or an iPad or a speaker or anything.
MS. COMEY: During your time working for Mr. Combs, what, if any, threats do you remember him making to you?
GEORGE KAPLAN: He threatened my job on occasion.
MS. COMEY: About how often do you remember Mr. Combs threatening your job?
GEORGE KAPLAN: Maybe monthly.
MS. COMEY: What types of things do you remember Mr. Combs saying when he would threaten your job approximately monthly?
GEORGE KAPLAN: That he was only to be surrounded by the best and that those were around him at the time were not performing to that level.
MS. COMEY: What was his tone when he said these things?
GEORGE KAPLAN: Sometimes angry, sometimes motivational.
MS. COMEY: What do you remember about the first time Mr. Combs threatened your job?
GEORGE KAPLAN: It was my first week on the job, and he asked me to go to Whole Foods to get a BPA-free gallon water bottle, and they didn't have it, and I didn't want to be late coming back, so I got two half-gallon water bottles to make up the whole gallon, and that was insufficient.
MS. COMEY: How did Mr. Combs respond when you brought him two half-gallon water bottles instead of a one-gallon water bottle?
GEORGE KAPLAN: He told me that I did not bring him what he asked for.
MS. COMEY: And what was his tone?
GEORGE KAPLAN: He was angry.
MS. COMEY: How far away from your face was he when he said this to you angrily?
GEORGE KAPLAN: He was very close to my face.
MS. COMEY: What, if any, trips do you remember taking with Mr. Combs when you worked as his assistant?
GEORGE KAPLAN: Went to New York, to Miami, to Atlanta, to Washington, D.C., to Orlando, to Cabo.
MS. COMEY: How did you get to all of those places?
GEORGE KAPLAN: I either flew on Mr. Combs' jet with Mr. Combs or I flew in advance on a commercial flight.
MS. COMEY: Let's break that down. When you say you flew on Mr. Combs' jet, what do you mean?
GEORGE KAPLAN: That I traveled with Mr. Combs on his jet for the trip.
MS. COMEY: Is that a private jet that he owned?
GEORGE KAPLAN: Yes.
MS. COMEY: When you said you would otherwise do advance, what does advance mean?
GEORGE KAPLAN: It means arriving in the city in question before Mr. Combs arrives in order to make sure that his hotel or domicile or whatever is set up properly and so he can just walk in and have it feel like home and not like no one has been there for a while.
MS. COMEY: You mentioned earlier that at some point your job responsibilities expanded to include setting up hotel rooms for Mr. Combs, is that right?
GEORGE KAPLAN: Yes.
MS. COMEY: How did you set up those hotel rooms?
GEORGE KAPLAN: There was a hotel bag that had seemingly what was needed for hotel stays. So the first time I went I was just told to take the bag and essentially unpack it, so that's what I did.
MS. COMEY: Do you remember who told you to set up your first ever hotel room for Mr. Combs?
MS. COMEY: What was in the bag that you unpacked that first time?
GEORGE KAPLAN: Clothes, a speaker, candles, liquor, baby oil, Astroglide.
MS. COMEY: After that first time, what supplies did you bring when you were directed to set up hotel rooms for Mr. Combs?
GEORGE KAPLAN: I just tried to re-create the bag.
MS. COMEY: Who bought the supplies that you just described for these hotel room setups that you did?
GEORGE KAPLAN: Often I did.
MS. COMEY: How did you pay for those supplies?
GEORGE KAPLAN: With my corporate credit card.
MS. COMEY: When you say your corporate credit card, what do you mean?
GEORGE KAPLAN: By credit card issued to me by Combs Enterprises.
MS. COMEY: About how much notice did you usually get before you needed to set up a hotel room for Mr. Combs?
GEORGE KAPLAN: About a matter of hours, probably.
MS. COMEY: Who usually instructed you to set up a hotel room for Mr. Combs?
GEORGE KAPLAN: Either Mr. Combs himself or Kristina.
MS. COMEY: When you say Kristina, do you mean Kristina Khorram?
GEORGE KAPLAN: Yes.
MS. COMEY: In what cities do you remember setting up hotel rooms for Mr. Combs using the supplies that you have listed for us?
GEORGE KAPLAN: LA, New York, and Miami.
MS. COMEY: In what hotels in LA do you remember setting up hotel rooms using the supplies you have described for us?
GEORGE KAPLAN: The Intercontinental, Mr. C, and the Bel-Air Hotel and there is another one, the name of which I can't recall.
MS. COMEY: And in what hotels do you remember setting up hotel rooms using these supplies in New York?
GEORGE KAPLAN: Trump.
MS. COMEY: Where is that Trump hotel located?
GEORGE KAPLAN: Near Columbus Circle.
MS. COMEY: In Manhattan?
GEORGE KAPLAN: Yes.
MS. COMEY: In what hotel or hotels do you remember doing setups like this in Miami?
GEORGE KAPLAN: At the SLS.
MS. COMEY: Under what name were these hotel rooms you set up for Mr. Combs usually booked?
GEORGE KAPLAN: Frank Black.
MS. COMEY: Do you know where that name came from?
GEORGE KAPLAN: I think it was a reference to Biggie.
MS. COMEY: How so?
GEORGE KAPLAN: I think that his nickname was Frank White.
MS. COMEY: Who else, if anyone, do you remember going to those hotel rooms you set up for Mr. Combs?
GEORGE KAPLAN: Nobody.
MS. COMEY: Other than Mr. Combs.
GEORGE KAPLAN: Correct.
MS. COMEY: Do you remember knowing whether anyone other than Mr. Combs would go into those hotel rooms after you set them up?
GEORGE KAPLAN: Yes. My understanding was that he would have guests or a partner there.
MS. COMEY: When you say a partner, do you mean a male or a female partner, or do you know?
GEORGE KAPLAN: Female partner.
MS. COMEY: About how long would Mr. Combs stay in a hotel room after you set it up for him in this way?
GEORGE KAPLAN: Twelve hours to a couple of days maybe.
MS. COMEY: What would you do when Mr. Combs left a hotel room after that time?
GEORGE KAPLAN: I would return to it to collect his belongings and make sure that it was in somewhat polished shape from the night before as far as any pillows or garbage or baby oil being around the room.
MS. COMEY: What do you remember seeing when you went into these hotel rooms after Mr. Combs finished his stay in them?
GEORGE KAPLAN: Lots of empty bottles, empty Gatorade bottles, empty liquor bottles, and often baby oil.
MS. COMEY: Where did you see baby oil?
GEORGE KAPLAN: On the table, on the floor, on the bed, around the room.
MS. COMEY: And what, if any, powder do you remember seeing in any of these hotel rooms?
GEORGE KAPLAN: There was a single occasion where I came across some sort of brown crystallized powder that I didn't know what it was, and I got rid of it.
MS. COMEY: Where was it?
GEORGE KAPLAN: It was on the counter of the bathroom sink.
MS. COMEY: And what cleanup, if any, did you do in these hotel rooms after Mr. Combs left them?
GEORGE KAPLAN: I tidied them. I made it as close as I could to look like it was the way that it was found when he came in.
MS. COMEY: Why did you do that instead of having say the hotel staff do that?
GEORGE KAPLAN: I think that it was implied in the role, as you continue to work closely with Mr. Combs, that protecting him and protecting his public knowledge were really important, and that was certainly nothing that I was very keen on doing.
MS. COMEY: How was cleaning up these hotel rooms connected to protecting Mr. Combs?
MR. AGNIFILO: I am going to object to this line, Judge.
THE COURT: That's overruled.
MS. COMEY: You can answer.
GEORGE KAPLAN: Can you repeat the question, please.
MS. COMEY: Sure. How was cleaning up these hotel rooms related to your job responsibility of protecting Mr. Combs?
GEORGE KAPLAN: I would see often at some point during that time that people -- hotels would sell videos and images to newspapers to try to embarrass celebrities or other public figures, and that was something that I always wanted to avoid.
MS. COMEY: Did you ever personally see Mr. Combs' guests after they left these hotels?
MS. COMEY: During these hotel stays, what would you do?
GEORGE KAPLAN: I would go home.
MS. COMEY: Why would you go home?
GEORGE KAPLAN: I would take a rest.
MS. COMEY: About how often would Mr. Combs contact you during one of these hotel stays?
GEORGE KAPLAN: Infrequently.
MS. COMEY: When he did contact you from these hotel stays, how did he contact you?
GEORGE KAPLAN: Usually, text or phone.
MS. COMEY: What do you remember Mr. Combs asking you to do on the few occasions he reached out to you during one of these hotel stays?
GEORGE KAPLAN: Bring him something that he did not have.
MS. COMEY: What kind of things do you remember him asking you to bring?
GEORGE KAPLAN: Food, clothes, and, on a couple of occasions, drugs.
MS. COMEY: What did you do in response?
GEORGE KAPLAN: I acquiesced.
MS. COMEY: Meaning?
GEORGE KAPLAN: I did what he asked me to do.
MS. COMEY: Picking up on drugs, what, if any, drugs did you personally see Mr. Combs possess during your time working as his assistant?
GEORGE KAPLAN: He had a medicine bag, a Dopp kit that had tons of different pills, prescriptions, other things in there.
MS. COMEY: What drugs do you remember seeing inside of that med kit?
GEORGE KAPLAN: Advil, Tylenol, ketamine, Wellbutrin.
MS. COMEY: Any others?
GEORGE KAPLAN: None specifically.
MS. COMEY: What, if any, other illegal drugs do you remember seeing Mr. Combs possess?
MR. AGNIFILO: I am going to object to the term illegal, Judge.
MS. COMEY: Fair enough. I'll rephrase. I apologize.
MS. COMEY: Other than over-the-counter drugs like Advil and Tylenol, what, if any, other types of drugs do you remember seeing Mr. Combs possess during your time as his assistant?
GEORGE KAPLAN: Nothing beyond that bag -- nothing beyond what was in the med bag.
MS. COMEY: So you mentioned ketamine, Advil?
GEORGE KAPLAN: Tylenol, Wellbutrin. I'm sure that there were other things in the bag specifically, but I wasn't necessarily going through the prescriptions.
MS. COMEY: You mentioned there were times that Mr. Combs asked you to get drugs for him. What drugs did he ask you to get for him?
GEORGE KAPLAN: He never asked me specifically to get a certain kind of drug. There were two occasions where I picked up drugs on his behalf.
MS. COMEY: Do you remember on either occasion what kind of drug you picked up?
GEORGE KAPLAN: Yeah. One time were MDMA.
MS. COMEY: Was that the only time that you were ever aware of him possessing MDMA, or were there other times you were aware of him possessing MDMA?
GEORGE KAPLAN: That was the only time that I was aware.
MS. COMEY: You said there were two times that you personally picked up drugs for Mr. Combs?
GEORGE KAPLAN: Correct.
MS. COMEY: Who asked you to pick up those drugs?
GEORGE KAPLAN: Mr. Combs.
MS. COMEY: Where did that happen? In what cities do you remember these things happening?
GEORGE KAPLAN: LA and Miami.
MS. COMEY: Let's start with Miami. Where were you when Mr. Combs instructed you to pick up drugs for him?
GEORGE KAPLAN: Somewhere at his house.
MS. COMEY: Where was Mr. Combs?
GEORGE KAPLAN: At his house.
MS. COMEY: What did Mr. Combs say to you?
GEORGE KAPLAN: He gave me a number to call and some cash to pick up what he wanted.
MS. COMEY: What did you do with the phone number?
GEORGE KAPLAN: I called it.
MS. COMEY: And then what happened?
GEORGE KAPLAN: The guy came, and I paid him for the drugs.
MS. COMEY: You say the guy came?
GEORGE KAPLAN: To the house.
MS. COMEY: What do you mean by that?
GEORGE KAPLAN: To the outside of the house.
MS. COMEY: The person you had called came to whose house?
GEORGE KAPLAN: Mr. Combs' house.
MS. COMEY: Did you meet him?
GEORGE KAPLAN: Yes.
MS. COMEY: What did you give this person?
GEORGE KAPLAN: Cash.
MS. COMEY: Where did the cash come from?
GEORGE KAPLAN: Mr. Combs.
MS. COMEY: And what did this person give you in exchange?
GEORGE KAPLAN: A bag of pills.
MS. COMEY: What kind of pills did you understand them to be?
GEORGE KAPLAN: MDMA.
MS. COMEY: What did you do with that MDMA?
GEORGE KAPLAN: I gave it to Mr. Combs.
MS. COMEY: Now let's talk about the time in LA. Where were you when Mr. Combs made this request of you?
GEORGE KAPLAN: At the Bel-Air Hotel.
MS. COMEY: What did Mr. Combs say to you?
GEORGE KAPLAN: It was a very similar exchange as far as call this number, go meet this person, pick this up, and bring it back to me.
MS. COMEY: So what did you do?
GEORGE KAPLAN: That.
MS. COMEY: When you called the number, what did you arrange to do?
GEORGE KAPLAN: I arranged to meet the person in Hollywood.
MS. COMEY: After that phone call, where did you go?
GEORGE KAPLAN: Hollywood.
MS. COMEY: And what happened in Hollywood?
GEORGE KAPLAN: I gave him money. He gave me a bag. I don't know what the bag was.
MS. COMEY: By him, do you mean the person you had called on the phone?
GEORGE KAPLAN: Yes.
MS. COMEY: Was this the same person who had dropped off the MDMA in Miami or a different person?
GEORGE KAPLAN: A different person.
MS. COMEY: What did you give this person when you met him in Hollywood?
GEORGE KAPLAN: Cash.
MS. COMEY: Where did the cash come from?
GEORGE KAPLAN: Mr. Combs.
MS. COMEY: What did you get in exchange?
GEORGE KAPLAN: A bag.
MS. COMEY: What did you do with that bag?
GEORGE KAPLAN: I gave it to Mr. Combs.
MS. COMEY: Your Honor, I see we are after 3:00. I'm happy to stop or keep going.
THE COURT: How much time do you have left?
MS. COMEY: I have well beyond five minutes, your Honor. I think I have at least half an hour.
THE COURT: Let's stop for today. We will come back tomorrow. Thank you very much. Members of the jury, I'll give you the same instructions I give you every day. Don't talk to each other about the case. Do not talk to anyone in this courtroom, including the lawyers, the attorneys, anyone else. That means in-person conversations, electronically, anything. And please have a great evening. We will see you here tomorrow morning at 8:45 for the last day of the week. We will see you then. All rise for the jury.
(Jury not present)
THE COURT: Mr. Kaplan, we will see you here tomorrow at 9.
GEORGE KAPLAN: Thank you.
THE COURT: Please be seated. Ms. Comey, any issues to address from the government side?
MS. COMEY: I don't believe so, your Honor. No. Thank you.
THE COURT: There is the one issue concerning the exhibit that Ms. Slavik had raised. Is there anything further along those lines or have there been any further discussions?
MS. SLAVIK: My understanding is that the defense continues to object to its admission.
MR. AGNIFILO: Yes, Judge.
THE COURT: You took some time.
MR. AGNIFILO: I really didn't. We have had testimony since the second I got the exhibit.
THE COURT: We will address that tomorrow at 8:30.
MR. AGNIFILO: That's right. I'm planning on submitting maybe a short letter by the 10:00 deadline.
THE COURT: Ms. Slavik, just so I understand, what is the relevance of the email chain, now that I have read it?
MS. SLAVIK: Yes, your Honor. The email chain is relevant to multiple allegations in the indictment, specifically related to Count One, the defendant's assault of women and efforts to cover up those assaults.
MR. AGNIFILO: Your Honor, can I put something on the Court's radar screen, a bigger issue. This all relates to Gina, who is out of the case. Gina is not coming. So I think the relevance of this has plummeted dramatically since we are not going to be having Gina as a witness.
MS. SLAVIK: Your Honor, Gina is very much a part of this case. We have heard plenty of testimony on Gina. She is certainly relevant. The jury has heard plenty about Gina. In fact the defense has made her a central issue in the relationship between the defendant and Ms. Ventura. Furthermore, Gina is identified in the indictment, and the government is entitled to present proof related to her.
MR. AGNIFILO: My point is not an indictment issue. The government can call Gina if it wants to. It might be difficult. It might be hard to do. They are the United States of America. They can get Gina into this courtroom if that is what they want to do. They are choosing not to.
THE COURT: I am not sure why that means the exhibit is inadmissible.
MR. AGNIFILO: Because they are putting in evidence -- this is all going to be part of the letter that I am going to submit to the Court. We are now in more 403 land than we are in hearsay land on this.
THE COURT: Understood. Anything further from the government?
MS. SLAVIK: Just one thing to flag, your Honor. Obviously, we will continue with Mr. Kaplan's testimony tomorrow. The government plans to call, I believe, five additional witnesses tomorrow. They should all be relatively short. If the government finishes all five witnesses tomorrow, our next batch of witnesses we expect to have to travel across the country. If we manage to get through all five witnesses tomorrow before the end of the 3:00 break, I think the government would, instead of calling its next witness, just ask to end a little bit early on Thursday to plan for the travel. If that's the case, we will be well ahead of schedule. I think ending early one day should not set us off schedule at all.
THE COURT: Starting everyone's holiday early.
MS. SLAVIK: I'm hoping.
THE COURT: What is the order of witnesses for tomorrow after Mr. Kaplan?
MS. SLAVIK: After Mr. Kaplan finishes it will be Scott Mescudi, then Mylah Morales, then a hotel witness. I can provide your Honor with his name.
THE COURT: That's fine.
MS. SLAVIK: Then Josh Croft and then Tony Abrahams.
THE COURT: Thank you. Mr. Agnifilo, anything from the defense?
MR. AGNIFILO: No, nothing from us, Judge. I spoke too soon.
MS. SHAPIRO: I just wanted to alert the Court, we are going to put together a letter in support of that motion to strike. I just wanted to let you know. We have to get the transcript first. We will probably submit it tomorrow rather than tonight.
THE COURT: Thanks for putting that on my radar. We will see everyone here at 8:30 tomorrow.
(Adjourned to May 22, 2025 at 8:30 a.m.)