THE COURT: Ms. Smyser, when you're ready. GERARD GANNON, resumed. DIRECT EXAMINATION CONTINUED
BY MS. SMYSER:
MS. SMYSER: Good morning, Special Agent Gannon.
GERARD GANNON: Good morning.
MS. SMYSER: Yesterday, when we left off, I was asking you about some items that were seized from one of the master closets. Do you remember that?
GERARD GANNON: Yes, I do.
MS. SMYSER: I want to keep going with certain of the items you seized.
MS. SMYSER: Ms. Foster, could you please display Government Exhibit 1B-215.
MS. SMYSER: What does this generally show?
GERARD GANNON: It shows red heels and some sex items in a dresser within room R.
MS. SMYSER: And so this is in that master closet we were talking about?
GERARD GANNON: Yes, it is.
MS. SMYSER: Earlier we had looked at some shelving from this closet. Where is that in relation to this dresser?
GERARD GANNON: It would be behind where the photographer would be.
MS. SMYSER: Ms. Foster, could you please display Government Exhibit 1B-244.
MS. SMYSER: Is this a closeup of the red heels you mentioned?
GERARD GANNON: Yes, it is.
MS. SMYSER: I want to direct your attention to the bottom of the cart beside you for what has been marked for identification as Government Exhibit 1B-142. What is this?
GERARD GANNON: These are the red heels from the photo.
MS. SMYSER: How do you know they're the heels from 2 Star?
GERARD GANNON: They look very similar, and the chain of custody has my signature on them.
MS. SMYSER: Your Honor, the government offers Government Exhibit 1B-142.
MS. GERAGOS: No objection.
THE COURT: 1B-142 will be admitted.
(Government's Exhibit 1B-142 received in evidence)
MS. SMYSER: Special Agent Gannon, could you please open that and display the heels for the jury.
GERARD GANNON: Yes.
MS. SMYSER: Thank you, Special Agent Gannon. We looked at six pairs of heels so far from this master closet. Are those all the pairs of platform heels that were seized from 2 Star?
GERARD GANNON: No, it's not.
MS. SMYSER: Approximately, how many others were there?
GERARD GANNON: There were 12 other pairs of platform high heels.
MS. SMYSER: Ms. Foster, you can take that down.
MS. SMYSER: Special Agent Gannon, I want to talk about a few other things that were seized from room R, that master closet.
MS. SMYSER: Ms. Foster, can you please display Government Exhibit 1B-239.
MS. SMYSER: What does this show?
GERARD GANNON: This is a picture of two -- of a pair of boots on the floor.
MS. SMYSER: This is in that same closet?
GERARD GANNON: Yes, it is.
MS. SMYSER: Ms. Foster, could you zoom in on those boots, please.
MS. SMYSER: What kind of boots are these, Special Agent Gannon?
GERARD GANNON: They were Balenciaga boots.
MS. SMYSER: Ms. Foster, could you please display side-by-side Government Exhibit 1B-241 with 1B-242.
MS. SMYSER: What are we looking at here, Special Agent Gannon?
GERARD GANNON: We are looking at three cellphones that were found inside of one of the boots.
MS. SMYSER: I want to direct your attention to the top of the cart next to you. In one of the red wells, you should find what's been marked for identification as Government Exhibit A-600, A-700, and A-1400. What are those?
GERARD GANNON: These are the three cellphones that are in the photograph.
MS. SMYSER: Ms. Foster, could you please pull up Government Exhibit 1301, which is a stipulation between the parties. Could you turn to page 3 and zoom in on paragraph 11. I'm going to read a portion of this paragraph. On or about March 25th, 2024, as part of a search of the residence located at 2 Star Island, Miami Beach, Florida, HSI seized the following electronic devices: Government Exhibit A-600, a cellphone stored inside of a black Balenciaga boot in room R, one of the master bedroom closets; Government Exhibit A-700, a cellphone stored inside of a black Balenciaga boot in room R; and Government Exhibit A-1400, a cellphone stored inside of a black Balenciaga boot in room R. You can take that down, Ms. Foster. Moving on to another item, Ms. Foster, could you please display Government Exhibit 1B-236.
MS. SMYSER: What is this, Special Agent Gannon?
GERARD GANNON: It's a black Gucci bag.
MS. SMYSER: Where was that found?
GERARD GANNON: It was found on top of the dresser, the same dresser where the red heels were inside.
MS. SMYSER: Was there anything inside of the Gucci bag?
GERARD GANNON: Yes. There were an assortment of presumed to be narcotics pills and crystal rock-like substance.
MS. SMYSER: Was there any powder?
GERARD GANNON: There was also powder.
MS. SMYSER: Ms. Foster, could you please display Government Exhibit 1B-238.
MS. SMYSER: What are we looking at here?
GERARD GANNON: We are looking at most of the drugs that were located in the bag. There were also two bottles of eyedrops.
MS. SMYSER: Ms. Foster, could you please zoom in on the items that are from the bag.
MS. SMYSER: Could you just walk us through what we're looking at here?
GERARD GANNON: At the top, there is a bag of a different assortment of pills — blue, pink, white, and yellow. There is a smaller bag of pink pills, another bag of white and yellow pills, a bag of black pills, a bag of orange pills, a bag containing a crystal rock-like substance, a bag containing white powder, a $100 bill, a black plastic straw, and a container containing a white substance.
MS. SMYSER: I want to go through each of these items, but at this point, your Honor, the government would offer Government Exhibit 1306, which is a stipulation between the parties.
THE COURT: All right. 1306 will be admitted.
(Government's Exhibit 1306 received in evidence)
MS. SMYSER: The government offers the following exhibits which the parties agreed may be admitted as government exhibits at trial in 1306. Those exhibits are Government Exhibit 1B-130 through 1B-135, 1B-137, 1B-138, 1B-147, 1B-148, 10A-103-A1, 10A-103-C1 through 10A-103-C3, 10A-103-D1, 10A-103-E1, 10A-103-F1, 10A-103-G1, 10A-103-H1, 10A-103-I1 through 10A-103-I4, 10A-103-J1 through 10A-103-J3, 10A-103-K1, 10A-103-L1, and 10A-103-M1.
MS. GERAGOS: No objection.
THE COURT: Those exhibits will be admitted.
(Government's Exhibits 1B-130 through 1B-135, 1B-137, 1B-138, 1B-147, 1B-148, 10A-103-A1, 10A-103-C1 through 10A-103-C3, 10A-103-D1, 10A-103-E1, 10A-103-F1, 10A-103-G1, 10A-103-H1, 10A-103-I1 through 10A-103-I4, 10A-103-J1 through 10A-103-J3, 10A-103-K1, 10A-103-L1, and 10A-103-M1 received in evidence)
MS. SMYSER: Ms. Foster, could you please pull up Government Exhibit 1306 and zoom in on paragraph 1. The parties agree that Government Exhibits 1B-130 through 1B-136, 1B-137, 1B-138, 1B-147 and 1B-148 described below were seized during a search of 2 Star Island, in Miami, Florida, on or about March 25th, 2024, and were analyzed for the presence of controlled substance by a U.S. Department of Homeland Security and U.S. Customs and Border Patrol laboratory. Details of this search and the results of this laboratory analysis are described below. Where capsules or tablets were tested as part of the laboratory analysis, those particular capsules or tablets were destroyed in the course of testing. Ms. Foster, you can zoom out, and next to the stipulation, could you please display Government Exhibit 10A-103-M1. Could you please turn to paragraph 4 of this stipulation. As I'm doing that, I'm going to read this paragraph. Special Agent Gannon, could you please find Government Exhibit 1B-138.
Government Exhibit 1B-138 contains the following items: a black, red, and green Gucci bag (the Gucci bag) which was found in room R (one of the master closets) and is pictured in Government Exhibit 10A-103-M1. Prior to testing, the Gucci bag contained white solid material residue. The white solid material residue tested positive for cocaine and ketamine. A black plastic straw, which was found inside the Gucci bag and is pictured inside Government Exhibit 10A-103-M1, residue from the black plastic straw tested positive for cocaine and ketamine. Special Agent Gannon, looking at 1B-138, could you please cut that open and display the Gucci bag for the jury. Thank you. Ms. Foster, could you now pull up 10A-103-D1 next to the stipulation. Could you please zoom in on paragraph 5 here. As I read this, Special Agent Gannon, could you please find Government Exhibit 1B-130.
Government Exhibit 1B-130 contains a white plastic bottle with a gray Lumify eyedrops label, which was found inside the Gucci bag and pictured in Government Exhibit 10A-103-D1. Prior to testing, the bottle contained liquid residue. The liquid residue tested positive for MDMA and ketamine. Special Agent Gannon, can you please hold that up for the jury. Ms. Foster, could you please now display Government Exhibit 10A-103-E1 next to the stipulation, and turn to page 3 of the stipulation. Special Agent Gannon, could you please locate Government Exhibit 1B-131 while I read a portion of paragraph 6 here. Government Exhibit 1B-131 contains the following items, which were found in the Gucci bag: a clear plastic container with a white cap labeled DBL wash, which is pictured in Government Exhibit 10A-103-E1, and contained white powdery solid material prior to testing. The white powdery solid material tested positive for cocaine.
The entire sample of white powdery solid material was destroyed during the course of testing. A clear plastic Ziploc bag, which is pictured in Government Exhibit 10A-103-E1 and contained white powder-like solid material prior to testing. The white powder-like material tested positive for cocaine and ketamine. The entire sample of white powder-like material was destroyed. Special Agent Gannon, could you please hold that up for the jury. Ms. Foster, could you now pull up Government Exhibit 10A-103-F1 next to the stipulation. I'm going to read paragraph 7 here. Government Exhibit 1B-132 contains a clear plastic Ziploc bag which was found inside the Gucci bag. Prior to testing, the clear plastic Ziploc bag contained nine pink rectangular tablets with a Supreme imprint on one side and a CP imprint on the other, and pink solid material residue as pictured in Government Exhibit 10A-103-F1.
Two of these pink tablets were randomly selected and tested positive -- Could you pull that up just a little bit, Ms. Foster. -- tested positive for MDMA. Special Agent Gannon, could you please display Government Exhibit 1B-133 for the jury. Ms. Foster, next, could you please pull up Government Exhibit 10A-103-H1 next to the stipulation. I'm going to read paragraph 9 here. Government Exhibit 1B-134 contains a clear plastic Ziploc bag, which was found inside the Gucci bag. Prior to testing, the clear plastic Ziploc bag contained three orange triangular-shaped tablets with a Tesla symbol on one side and a CP imprint on the other as pictured in Government Exhibit 10A-103-H1. One of these orange tablets was randomly selected and tested positive for MDMA. Special Agent Gannon, could you please display Government Exhibit 1B-134 for the jury. Ms. Foster, could you please pull up Government Exhibit 10A-103-I1 first next to the stipulation.
I'm going to start paragraph 10, which is at the bottom of this page. Prior to testing, Government Exhibit 1B-135 contained the following items which were found in the Gucci bag: six whole rectangular white tablets and 10 partial tablets with a GG249 imprint, which are pictured in Government Exhibit 10A-103-I1. Two of these white tablets and partial tablets were randomly selected and tested positive for alprazolam. Alprazolam is the active ingredient in Xanax. Ms. Foster could you please now display Government Exhibit 10A-103-I2 next to the stipulation. I'm going to read B. No need to zoom in, Ms. Foster. Five whole rectangular yellow tablets and two partial tablets with a R039 imprint on one side and score marks on the other, which are pictured in Government Exhibit 10A-103I2. Two of these yellow tablets and partial tablets were randomly selected and tested positive for alprazolam. Ms. Foster, could you now please pull up Government Exhibit 10A-103-I3.
Looking at subparagraph C here, five whole rectangular white tablets and two partial tablets with a G3722 imprint on one side and score marks on the other, which are pictured in Government Exhibit 10A-103-I3. Two of these white tablets and partial tablets were randomly selected and tested positive for alprazolam. Ms. Foster, could you please display Government Exhibit 10A-103-I4. And subparagraph D says: one whole rectangular white table and two partial tablets with a 2I/< imprint, as well as tablet fragments, which are pictured in Government Exhibit 10A-103-I4. Two of these white tablets and partial tablets were randomly selected and tested positive for alprazolam. Special Agent Gannon, could you please hold up Government Exhibit 1B-135 for the jury. Ms. Foster, next, Government Exhibit 10A-103-L1 next to the stipulation. I'm going to read paragraph 11 here.
Government Exhibit 1B-137 contains a $100 bill with serial number PB21705835E, which was found inside the Gucci and as pictured in Government Exhibit 10A-103-L1. Residue from the $100 bill tested positive for cocaine and ketamine. Could you please hold that up for the jury, Special Agent Gannon. And returning to Government Exhibit 1306, I just want to walk through a few more items that were found in the Gucci bag as described in paragraph 12. Ms. Foster, could you please first display Government Exhibit 10A-103-C1. In addition to the items described above, the following items were also found inside the Gucci bag: first, a bright blue round partial tablet, which is pictured in Government Exhibit 10A-103-C1. The bright blue round tablet tested positive for methamphetamine and MDMA. Ms. Foster could you please display 10A-103-C2. This was a blue-green partial tablet, which is pictured in Government Exhibit 10A-103-C2. The blue-green partial tablet tested positive for MDMA. Ms.
Foster, could you please pull up Government Exhibit 10A-103-C3 and turn to the next page of the stipulation. The blue-green tablet fragments, which are pictured in Government Exhibit 10A-103-C3. These blue-green tablet fragments tested positive for methamphetamine and MDMA. Ms. Foster, could you please pull up Government Exhibit 10A-103-J1. This is one yellow rectangular tablet with a G3722 imprint on one side and score marks on the other, which is pictured in Government Exhibit 10A-103-J1. The yellow tablet tested positive for ketamine and alprazolam. Ms. Foster, could you please pull up Government Exhibit 10A-103-J2. This says one yellow rectangular tablet with an R039 imprint on one side and score marks on the other, which is pictured in Government Exhibit 10A-103-J2. The yellow tablet tested positive for ketamine and alprazolam. Finally, Ms. Foster, could you please display Government Exhibit 10A-103-J3. One white rectangular tablet with a GG249 imprint, which is pictured in Government Exhibit 10A-103-J3. The white tablet tested positive for alprazolam. You can take those down, Ms. Foster. Special Agent Gannon I want to move on from that master closet into the master bathroom. Ms. Foster, could you please display Government Exhibit 1B-252.
MS. SMYSER: What are we looking at here?
GERARD GANNON: This is a picture of the one of the master bathrooms.
MS. SMYSER: Ms. Foster, could you please zoom in to the right side of the sink.
MS. SMYSER: Do you see that wooden box on the right side?
GERARD GANNON: Yes.
MS. SMYSER: What is that?
GERARD GANNON: It's a dark woodbox with the word Puffy on the top.
MS. SMYSER: Ms. Foster, could you please display Government Exhibit 1B-254.
MS. SMYSER: And what is this?
GERARD GANNON: That's the description of where it says Puffy on the top of the box.
MS. SMYSER: Next, could we look at Government Exhibit 1B-255.
MS. SMYSER: What does this show?
GERARD GANNON: This shows clear pills and a crystal rock-like substance in a bag that was located inside that, inside the Puffy box.
MS. SMYSER: Let's look at these two individually. Ms. Foster, could you please again pull up Government Exhibit 1306 and side-by-side with Government Exhibit 10A-103-A1. Could you turn to the next page, and specifically look at paragraph 2. And this says: Government Exhibit 1B-147 contains a brown paper and plastic pouch labeled Golden Teachers, 250 milligrams that was located in a wooden box labeled Puffy, which was seized from the countertop in room S, the master bathroom. Prior to testing, the pouch contained 10 clear capsules containing brown solid material, which are pictured in Government Exhibit 10A-103-A1. The 10 clear capsules were tested and tested for psilocybin. Psilocybin, the naturally occurring active ingredient -- Could you just please pull that up a little bit, Ms. Foster. -- in mushrooms converts to psilocybin when exposed to high temperatures. Special Agent Gannon, could you please hold up Government Exhibit 1B-147 for the jury. Ms.
Foster, could you now please pull up Government Exhibit 10A-103-K1 next to the stipulation. We're going to look at paragraph 3 here, which says: Government Exhibit 1B-148 contains a clear plastic Ziploc bag, which located in the wooden box labeled Puffy described in paragraph 2. The clear plastic Ziploc bag contains purple rock-like solid material as pictured in GX 10A-103-K1. The purple rock-like solid material tested positive for 3,4 methylenedioxymethamphetamine, which is otherwise known as MDMA. Ecstasy and Molly are other terms for MDMA. Special Agent Gannon, could you please hold up Government Exhibit 1B-148. You can take those down now, Ms. Foster. I want to go to Government Exhibit 1B-106 and turn to page 4, please. I want to look at a different part of the second floor. Ms. Foster, could you please zoom in on the areas of T, V, and U in this sketch.
MS. SMYSER: Can you remind us what these are, Special Agent Gannon?
GERARD GANNON: T is the opening from the master bedroom to the master closet. It's like a hallway that takes you to -- if you go to the left, it takes you to a bathroom, and then go right, takes you more into the closet.
MS. SMYSER: This is a different closet than R, which we looked at earlier?
GERARD GANNON: It is.
MS. SMYSER: Ms. Foster, could you please pull up Government Exhibit 1B-258.
MS. SMYSER: What are we looking at here?
GERARD GANNON: This is one of the closets in that hallway, just the left as you come out of the master bedroom right before the bathroom.
MS. SMYSER: And what's located on the bottom-left of the picture?
GERARD GANNON: That is some baby oil and Astroglide lubricant.
MS. SMYSER: Ms. Foster, could you please display Government Exhibit 1B-261.
MS. SMYSER: This is a zoomed-in picture of what was located at the bottom of that closet?
GERARD GANNON: Yes, it is.
MS. SMYSER: Special Agent Gannon, I just want to direct your attention to that blue box over there and what's been marked for identification as Government Exhibit 1B-151 and 1B-152. What are those?
GERARD GANNON: These are the baby oil and the Astroglide lubricants.
MS. SMYSER: And how do you know that those are the baby oil and the Astroglide that were seized from this closet in 2 Star?
GERARD GANNON: Based on the chain of custody on the back with my signature on them both.
MS. SMYSER: Could you please speak into the microphone. For Government Exhibit 1B-151, the baby oil, how many bottles were there?
MS. SMYSER: And for 1B-152, the Astroglide, how many bottles were there?
MS. SMYSER: You can put those up. Before you do, is this all the baby oil and Astroglide that was found in 2 Star?
GERARD GANNON: It is not.
MS. SMYSER: You can put those away. As he's doing that, Ms. Foster, could you please display Government Exhibit 1B-263.
MS. SMYSER: What is U that we're looking at here?
GERARD GANNON: U is one of the master closets, and this is a -- like a medicine-cabinet-type area within the closet.
MS. SMYSER: Ms. Foster, could you please zoom in on the top shelf.
MS. SMYSER: What is the black box here?
GERARD GANNON: It is Vital Honey.
MS. SMYSER: Ms. Foster, could you please display Government Exhibit 1B-265.
MS. SMYSER: Is this the same Vital Honey that you were just referencing?
GERARD GANNON: Yes, it is.
MS. SMYSER: You can take that down, Ms. Foster.
MS. SMYSER: Were cellphones found in any other rooms on the second floor?
GERARD GANNON: Yes, there was.
MS. SMYSER: I want to direct your attention to what's been marked for identification as Government Exhibit 900, which should be in your cart.
MS. SMYSER: As he's looking for that, Ms. Foster, could you please pull up Government Exhibit 1301 and return to page 3, paragraph 11.
MS. SMYSER: Special Agent Gannon, what is Government Exhibit A-900?
GERARD GANNON: It's a dark gray iPhone in a black case.
MS. SMYSER: And this stipulation explains that on or about March 25th, 2024, as part of the search of the residence located at 2 Star Island, Miami Beach, Florida, HSI seized Government Exhibit A-900, a cellphone from a bedroom on the second floor of 2 Star Island. You can take that down, Ms. Foster. Special Agent Gannon, I want to move on to a different part of the property altogether. Ms. Foster, could you please display Government Exhibit 1B-106 again, and this time turn to page 6.
MS. SMYSER: What does this show?
GERARD GANNON: This shows a layout of the first floor of the guest house.
MS. SMYSER: And could you remind us what rooms are on the first floor of the guest house.
GERARD GANNON: There's a guard shack area, a gym, and like a living room-type room.
MS. SMYSER: Are there multiple floors to this structure?
GERARD GANNON: Yes. There's two.
MS. SMYSER: What's on the second floor?
GERARD GANNON: That's where the bedrooms and the bathrooms are located as well as a music studio.
MS. SMYSER: I want to focus on room GG, which you said was a security room.
MS. SMYSER: Ms. Foster, could you please display Government Exhibit 1B-206.
MS. SMYSER: What does this show?
GERARD GANNON: This shows the entrance to that guard area with the red suitcase right there in the front.
MS. SMYSER: What was found in this room, Special Agent Gannon?
GERARD GANNON: There was a handgun found inside the red suitcase.
MS. SMYSER: Ms. Foster, could you please display Government Exhibit 1B-207.
MS. SMYSER: What is this?
GERARD GANNON: That's the handgun that was found inside the suitcase.
MS. SMYSER: What caliber is this gun?
GERARD GANNON: It's a .45 caliber.
MS. SMYSER: And does this gun have a serial number?
GERARD GANNON: It does.
MS. SMYSER: Special Agent Gannon, I want to direct your attention to the cart beside you for what's been marked for identification as Government Exhibit 1B-115. What is this?
GERARD GANNON: From the outside, it says it's the .45 caliber firearm.
MS. SMYSER: And how do you know?
GERARD GANNON: It's sealed up and has the chain of custody form with my signature on it.
MS. SMYSER: Your Honor, the government offers Government Exhibit 1B-115.
MS. GERAGOS: No objection.
THE COURT: 1B-115 will be admitted.
(Government's Exhibit 1B-115 received in evidence)
MS. SMYSER: Ms. Foster, could you now display Government Exhibit 1B-210.
MS. SMYSER: What does this show?
GERARD GANNON: This is a picture of the magazine with the ammunition out of it inside of a bag.
MS. SMYSER: Where was this magazine and the ammunition found?
GERARD GANNON: The ammunition was in the magazine, and the magazine was inserted into the handgun when it was found.
MS. SMYSER: I want to direct your attention to the cart beside you to what's been marked for identification as Government Exhibit 1B-118. You can also grab 1B-116. Looking first at Government Exhibit 1B-118, what is that?
GERARD GANNON: This is the magazine that belongs to the handgun.
MS. SMYSER: How do you know it's the same?
GERARD GANNON: The 6051 with my signature on it.
MS. SMYSER: Your Honor, the government offers Government Exhibit 1B-118.
MS. GERAGOS: No objection.
THE COURT: 1B-118 will be admitted.
(Government's Exhibit 1B-118 received in evidence)
MS. SMYSER: Approximately how many bullets does this magazine hold?
GERARD GANNON: Since it had nine in there, there's no markings to indicate how many it can have, so at least nine.
MS. SMYSER: Could you please just hold it up for the jury. Now I want to direct your attention to what's been marked for identification as Government Exhibit 1B-116. What is that?
GERARD GANNON: These are the nine rounds of .45 caliber ammo that was found inside the magazine.
MS. SMYSER: How do you know?
GERARD GANNON: The 6051 that's attached to it with my signature on it.
MS. SMYSER: Were the magazine and these rounds found inside of the gun?
GERARD GANNON: Correct. The ammunition was inside the magazine, the magazine was inserted into the firearm.
MS. SMYSER: Your Honor, the government offers Government Exhibit 1B-116.
MS. GERAGOS: No objection.
THE COURT: 1B-116 will be admitted.
(Government's Exhibit 1B-116 received in evidence)
MS. SMYSER: Could you just hold those bullets up for the jury. What caliber are the bullets?
GERARD GANNON: They're .45.
MS. SMYSER: Remind us what caliber the gun is.
GERARD GANNON: It's a .45.
MS. SMYSER: Was any more ammunition found in this room?
GERARD GANNON: Yes. There was a box of .45 ammo found.
MS. SMYSER: Ms. Foster, could you please display Government Exhibit 1B-212.
MS. SMYSER: What is this?
GERARD GANNON: That's a picture of the box of ammunition inside of an evidence bag.
MS. SMYSER: How many bullets were inside the box?
GERARD GANNON: There were 41 bullets inside the box.
MS. SMYSER: How many bullets would a new box contain?
GERARD GANNON: They typically have 50.
MS. SMYSER: Could these bullets be used in Government Exhibit 1B-115, the firearm?
GERARD GANNON: Yes, they're the same caliber as the firearm.
MS. SMYSER: I want to direct your attention to what's been marked for identification as Government Exhibit 1B-117. What is that?
GERARD GANNON: This is the box of ammunition that was found containing 41 rounds of .45 ammunition.
MS. SMYSER: And how do you know?
GERARD GANNON: The 6051 that's attached to it has my signature on it.
MS. SMYSER: Your Honor, the government offers Government Exhibit 1B-117.
MS. GERAGOS: No objection.
THE COURT: 1B-117 will be admitted.
(Government's Exhibit 1B-117 received in evidence)
MS. SMYSER: Could you just hold that up for the jury. Now, Ms. Foster, could you please return to Government Exhibit 1B-207.
MS. SMYSER: Special Agent Gannon, is Government Exhibit 1B-115 still in front of you?
GERARD GANNON: Yes, it is.
MS. SMYSER: Could you please open it.
MS. SMYSER: Your Honor, for the record, I want to ensure that I've offered Government Exhibit 1B-115, and Government Exhibits 1B-151 and 1B-152.
THE COURT: All right. We'll admit those exhibits.
(Government's Exhibits 1B-151, 1B-152 received in evidence)
MS. SMYSER: Is there a zip tie on this gun, Special Agent Gannon?
GERARD GANNON: There is.
MS. SMYSER: Was that on the gun when it was found?
GERARD GANNON: It was not.
MS. SMYSER: Where is the zip tie on the gun?
GERARD GANNON: It is through the ejection port, through the magazine well to prevent it from inserting a magazine or being able to close all the way.
MS. SMYSER: So this gun can't be fired right now?
GERARD GANNON: Correct.
MS. SMYSER: Your Honor, I'd ask permission for the witness to slowly walk Government Exhibit 1B-115 in front of the jury.
THE COURT: Granted.
MS. SMYSER: No further questions, your Honor.
THE COURT: Thank you, Ms. Smyser. Cross-examination.
MS. GERAGOS: Yes, your Honor.
CROSS-EXAMINATION BY MS. GERAGOS:
MS. GERAGOS: Good morning, Agent Gannon. My name is Teny Geragos and then you can be on your way.
GERARD GANNON: Good morning, ma'am.
MS. GERAGOS: The execution of these search warrants happened on March 25th, 2024, correct?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: And you were the agent put in charge of the 2 Star Island search warrant, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: Were there other search warrants that were also being conducted that day?
GERARD GANNON: Yes, there were, ma'am.
MS. GERAGOS: There were search warrants that were being conducted on Mr. Combs's person, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: And then also at his residence in Los Angeles?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: As part of HSI, you knew that the Southern District of New York and HSI had been conducting an investigation into Mr. Combs since November 17th, 2024, correct?
MS. SMYSER: Objection.
THE COURT: It's overruled.
GERARD GANNON: I learned of --
MS. GERAGOS: Of 2023. I'm sorry. You learned that HSI and the Southern District of New York had been conducting an investigation to Mr. Combs since November 17th, 2023, right?
GERARD GANNON: I learned that they had been conducting investigation. The timeframe of how long I was not made aware of. And I was informed of that approximately 11 days prior to the execution of the search warrant.
MS. GERAGOS: So you didn't become involved in the investigation until 11 days prior?
GERARD GANNON: I was notified that they were going to be conducting a warrant at the defendant's address, but I was not given any more information on that until the Monday before. So approximately eight days where I learned generally what it was.
MS. GERAGOS: Understood. And you testified yesterday that you received training while employed at HSI on how to execute search warrants, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: And you had said yesterday, and I just want to understand, that you had executed five search warrants at residences before; is that right?
GERARD GANNON: Me personally, I have not, but I assisted with other agents that were doing search warrants at residences, yes, ma'am.
MS. GERAGOS: So at the time of the 2 Star Island search warrant, how many search warrants at residences had you been involved in?
GERARD GANNON: About five, ma'am.
MS. GERAGOS: So 2 Star was your sixth?
GERARD GANNON: It was either fifth or sixth.
MS. GERAGOS: Understood. And so when you're on a team executing a search warrant at a residence, you do some preplanning, and for this one you had done it for about a week before, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: And for many reasons, your team at HSI would need to know where the target of the investigation would be at the time of executing the search warrant, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: And can you explain to the jury what a target of an investigation is.
GERARD GANNON: Generally, that's defined as somebody who -- a person of interest that's actually being investigated for a specific crime.
MS. GERAGOS: And can you explain to the jury what a subject of an investigation is.
MS. SMYSER: Objection.
THE COURT: It's overruled.
GERARD GANNON: It's just another term for a target. It's the same definition.
(Continued on next page)
MS. GERAGOS: Essentially, somebody that could be relevant, had relevant information to your investigation, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: So at the time that you were executing the search warrants on Mr. Combs' home, you knew he would not be home at 2 Star Island, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: And because part of being an HSI agent is you know when someone books a flight to leave the country, right, or files a flight plan to leave the country?
GERARD GANNON: We can get information to determine that, yes, ma'am.
MS. GERAGOS: So you were aware that Mr. Combs was leaving with his family on a flight that day, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: He was leaving with his twin daughters?
MS. SMYSER: Objection.
THE COURT: Can we have a brief sidebar.
(Continued on next page)
(At sidebar)
THE COURT: What's the relevance of any of this?
MS. GERAGOS: It's relevant to show where the target and the subject were when they executed the warrants and why they executed it in the manner that they did, knowing that no subjects or targets of the investigation were home.
THE COURT: What does that have to do with anything that's at issue in this case?
MS. GERAGOS: The government talked about how they broke down the gate to get in, and I think I should be able to ask on cross-examination that the family and Mr. Combs were not home.
THE COURT: Meaning that there was no need for the 80 to 90 agents on the scene, etc.
MS. GERAGOS: That's where I am about to go.
MS. SMYSER: Your Honor, before we go on, I think we have a 403 objection to Ms. Geragos eliciting the twin daughters and the specifics about his children and his family that were traveling, which could lead to prejudicing the jury.
THE COURT: That's fair. Let's move through this part of this. Just to be very clear, I would sustain the objection if it wasn't that on direct examination you did elicit testimony concerning a number of agents and how the search warrant was executed, so I think it's fair for Ms. Geragos to inquire briefly on this issue.
MS. GERAGOS: I also think they will put on an agent who executed the warrant at the Opa-Locka Airport. I assume that agent will say he was with his family, but I will move on. He answered the question. Thank you.
(Continued on next page)
(In open court)
THE COURT: Ms. Geragos, you may proceed.
MS. GERAGOS: Thank you.
BY MS. GERAGOS:
MS. GERAGOS: You knew that Mr. Combs was not home, correct?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: You knew that he was with his family at the airport, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: You knew that he was going to fly on his private plane that day, correct?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: That's why you executed the warrant in the afternoon and not at 6 a.m., you testified, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: It's your job, when being in charge of the execution of a warrant, to know who would be at the property at 2 Star Island, right?
GERARD GANNON: For the most part, we tried our best to be able to ID how many people are going to be there and who is going to be there to be better prepared, yes.
MS. GERAGOS: When you were in the preplanning stages of the warrant, you knew that none of the targets or subjects of the investigation would be there when you executed the warrant, right?
MS. SMYSER: Objection.
THE COURT: Overruled.
GERARD GANNON: The plan was to do it when the subject had left the residence with his family, but there is always the possibility that he wasn't going to do -- wasn't going to leave, so he would have had to execute it, so we had contingencies.
MS. GERAGOS: Understood. You waited until he left the property to execute it, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: Then that's when the special response team moved in on the property?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: Can you explain what type of vehicle the special response team used to move in on the property?
GERARD GANNON: It's an armored vehicle, typical like swat-type vehicle. It's an armored vehicle.
MS. GERAGOS: Was there multiple armored vehicles or just one?
GERARD GANNON: It was just -- I don't remember.
MS. GERAGOS: No problem.
GERARD GANNON: I think it was one or two.
MS. GERAGOS: Then there was also a boat that came in on the dock from behind to the residence?
GERARD GANNON: Yes, ma'am. There were also boats.
MS. GERAGOS: HSI determined you would come in by land and by sea to secure the property?
GERARD GANNON: Yes, ma'am. Which is normal practice. They like to come in and cover all the areas to be able to get onto the property as quickly as possible.
MS. GERAGOS: And you had 80 to 90 agents to do so after you secured the property?
GERARD GANNON: So it was approximately 80, 90 agents that participated total in the execution of the search warrant. Not all of them at the same time. There was a small group of us that went with SRT when they executed the search warrant to deal with anybody that they encountered. So anybody they encountered they handed over to myself and a group of agents that would ID who they were and handle them while they cleared the residence. And then once they cleared the residence, then they turned it over to myself. Then we brought over the rest of the agents, the SRT left, and the rest of the agents searched the property.
MS. GERAGOS: OK. So let's talk about who you encountered. You encountered six individuals on the property, right?
GERARD GANNON: It sounds about right.
MS. GERAGOS: Was one of them a property manager?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: One of them was a music producer?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: And the rest were facilities people?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: And then you put them in handcuffs?
GERARD GANNON: Yes, ma'am. We detained them until we ID'd who they actually were and had a chance to be able to search them.
MS. GERAGOS: And you kept them in handcuffs for an hour, is that correct?
GERARD GANNON: No, ma'am.
MS. GERAGOS: How long did you have them in handcuffs?
GERARD GANNON: I don't remember the exact time, but once we had ID'd who they were, we took them out of handcuffs. There was one individual that wasn't too happy with us initially and wasn't really cooperating with us, so we left him in handcuffs a little bit longer.
MS. GERAGOS: Because he wasn't happy that you put him in handcuffs?
GERARD GANNON: No. He was trying to -- we were trying to search him, and he wasn't making it easy to search him.
MS. GERAGOS: Once you searched all six individuals, none of them had any weapons on them, right?
GERARD GANNON: That's correct.
MS. GERAGOS: No one had any paraphernalia on them, right?
GERARD GANNON: Correct.
MS. GERAGOS: You testified about photos that you took on the day of the search. Can you tell the jury briefly why it's important to take photographs when you're executing a search warrant?
GERARD GANNON: It's -- are you talking about the initial photographs or just in general, ma'am?
MS. GERAGOS: We looked through several photographs, I would say, aside from like the Google Maps photos that we looked at, the photographs that you took of the residence and items within the residence. I believe you testified that you took those photographs, correct?
GERARD GANNON: I personally didn't, but, yes. HSI agents took those photographs.
MS. GERAGOS: That's a policy when you are executing search warrants, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: Can you just briefly tell the jury why that's important.
GERARD GANNON: So part of the process, we want to document what the property looked like when we took it over to actually conduct -- before we started conducting the search, so we take photographs and video. And then we also sketch the property. And then each item that we find we try to get as close of where it was located with a photograph to better remind individuals for testifying purposes and actually show where the item is to have a better idea of where it is.
MS. GERAGOS: So it's important essentially to document all important aspects of the search, right?
GERARD GANNON: Yes, ma'am.
MR. AGNIFILO: Can you we pull up Government Exhibit 1B-103 already in evidence.
MS. GERAGOS: You testified on direct evidence that this was a photo taken of the entry of 2 Star Island after the SRT team took over the property essentially, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: And this was a fair and accurate depiction of the gate after you entered the property?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: You see the gate on the right-hand side?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: Did the SRT team destroy that section of the gate?
GERARD GANNON: It appears that when they pushed through the gate that it broke.
MS. GERAGOS: It's important, you just said, to document aspects of the search, correct?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: Did you take video or photographs of how that happened?
GERARD GANNON: You mean the action of it or prior to?
MS. GERAGOS: Correct. The action of it.
MS. GERAGOS: You just took a photo afterwards of the broken gate?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: I want to show you what's been marked for identification as Defense Exhibit 313, so just for the parties, the Court and the witness. What is this?
GERARD GANNON: It appears to be the gate from behind, from inside the property.
MS. GERAGOS: Your Honor, can I move this into evidence?
THE COURT: Any objection?
MS. SMYSER: No objection.
THE COURT: Defense Exhibit 313 will be admitted.
(Defendant's Exhibit 313 received in evidence)
MS. GERAGOS: You didn't take this photograph, right?
GERARD GANNON: No, I don't think so. Doesn't look like one of ours, ma'am.
MS. GERAGOS: So you didn't document the gate from the inside after the SRT, the special response team, destroyed the gate, correct?
GERARD GANNON: No. We didn't take it from the site.
MS. GERAGOS: Showing you what's been marked only for identification as DX-310, if you know, Agent Gannon, what is this?
GERARD GANNON: I'm not sure, ma'am.
MS. GERAGOS: No problem.
MS. GERAGOS: We will take that down.
MS. GERAGOS: You testified then that 80 to 90 agents, after you -- after the special response team got to 2 Star Island were on the ground there, is that right?
GERARD GANNON: The 80 to 90 includes everybody on the ground to include SRT. So there were not 80 to 90 on there to do the search at the exact same time.
MS. GERAGOS: Understood. When you opened the gate --
MS. GERAGOS: If we could put back up 1B-103, government exhibit already in evidence.
MS. GERAGOS: We just talked about the security hut, I'll describe it, in the guest house. Can you describe, looking at this photo, where the security area is.
GERARD GANNON: It would be right in front of the post there where the agents are standing next to. It's closer to the gate.
MS. GERAGOS: To that left part of the gate, right?
GERARD GANNON: Yes, ma'am, approximately.
MS. GERAGOS: So if you could bring up Government Exhibit 1B-106 at page 6.
MS. GERAGOS: Is it fair to say that where it says GG is where the security area is in the guest house?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: And then the door and where it says stairs is the entrance to the security area?
GERARD GANNON: Yes. The door.
MS. GERAGOS: On the left-hand bottom side. Thank you. A. The door would be to the left of the stairs, yes, ma'am.
MS. GERAGOS: Got it.
MS. GERAGOS: If we could pull up 1B-206 already in evidence. I believe we just looked at that.
MS. GERAGOS: That would be the entry to the security area, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: And you testified that that red suitcase is where you found the handgun that you just displayed to the jury, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: So the red suitcase, it's actually in the security area on the property, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: And then can we pull up the next one -- we could do side by side -- 1B-207.
MS. GERAGOS: So this is the handgun that you just displayed, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: So it was located within several items of clothing within the suitcase, right?
GERARD GANNON: It looks to be. I just know that it was in the suitcase.
MS. GERAGOS: You just testified that you tried to take the photographs as close as possible to where the items were seized, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: So there seems to be clothes underneath this handgun, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: And it was located in the suitcase, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: Did you personal take this photo or no?
GERARD GANNON: I did not, ma'am.
MS. GERAGOS: Understood.
MS. GERAGOS: Can we please pull up 1B-212 already in evidence.
MS. GERAGOS: You also just testified about this ammunition that was also found as well, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: And this was also located in the security area of the property, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: In the little guard house that we just looked at, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: You can take that down.
MS. GERAGOS: We also looked at several photos of the guest house on the property, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: There was also a music studio in the guest house. Does that sound right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: I am going to pull up for just the parties and the witness Defense Exhibit 305.
MS. GERAGOS: Do you recognize this photo?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: What is this?
GERARD GANNON: This is a picture of the music studio on the second floor.
MS. GERAGOS: Your Honor, we move to admit Defense Exhibit 305.
THE COURT: Any objection?
MS. SMYSER: No objection.
THE COURT: Defense Exhibit 305 will be admitted.
(Defendant's Exhibit 305 received in evidence)
MS. GERAGOS: When you walk into the guest house from the other area, not from the studio -- I mean, not from the security area, this would be the music studio in the guest house, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: And there is kind of a couch on the right and then several keyboards and mixing areas, is that right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: Great. We looked at several photos today and yesterday of the closet in the main house. Do you remember that?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: You testified that you found the seven-inch heels there and you found some taken-apart firearms there as well?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: I think you described this as room R. That's what you had labeled it as, correct?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: Do you remember that Ms. Smyser asked you about how big the closet was. You were trying to describe it for the jury, room R.
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: Can we bring up Defense Exhibit 314 just for the parties and the witness.
MS. GERAGOS: What is this, Agent Gannon?
GERARD GANNON: This is -- this looks to be the closet labeled U.
MS. GERAGOS: That's U.
MS. GERAGOS: We will take this down. Can we bring up Defense Exhibit 312 just for the parties and the witness.
MS. GERAGOS: What is this?
GERARD GANNON: This is a picture of the shelves just -- if you were coming into the room to the left.
MS. GERAGOS: In room R, right?
GERARD GANNON: In room R it looks to be, yes.
MS. GERAGOS: We move to admit 312.
MS. SMYSER: No objection.
THE COURT: Defense Exhibit 312 will be admitted.
(Defendant's Exhibit 312 received in evidence)
MS. GERAGOS: Did you take this photo, Agent Gannon?
MS. GERAGOS: So in this photo there are shoeboxes and other items at the top area of the utility closet, is that right?
GERARD GANNON: It looks to be, yes.
MS. GERAGOS: So when you took the seven-inch heels out of the closet after the search warrant, did you leave the boxes?
GERARD GANNON: I think some of the boxes were left, yes, ma'am.
MS. GERAGOS: OK. Got it.
MS. GERAGOS: Now, if we can put it side by side, 1B-217 already in evidence, Government Exhibit.
MS. GERAGOS: The photo that you took or somebody on your team took is the one on the right-hand side, is that correct?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: And up above the utility closet there is nothing on those shelves, is that right?
GERARD GANNON: Correct.
MS. GERAGOS: So nobody on your team took a photo of the utility closet before it was searched, is that right?
GERARD GANNON: That's correct.
MS. GERAGOS: But you took a photo of it after it was searched.
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: And after you had taken the heels down, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: And after you had taken the towel and the box off of the shelves, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: Do you know from which of these three cubbies on top the wrapped-up towel came from?
GERARD GANNON: Specifically, no. I know it was from one of the top two that are empty.
MS. GERAGOS: But you can't say which one?
GERARD GANNON: Exactly, no, ma'am.
MS. GERAGOS: Do you know from which of the top two cubbies the heels came from?
GERARD GANNON: I think they came from both, but I can't say for sure exactly which boxes were where, ma'am.
MS. GERAGOS: Let's just go back quickly, and then we will come back to the closet, to the bedroom.
MS. GERAGOS: If you could pull up what's in evidence as Government Exhibit 1B-213.
MS. GERAGOS: This is a photo of Mr. Combs' bedroom, correct?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: Can we put it side by side with 1B-206 in evidence. We can take that down. Sorry. Can we pull up just for the witness Defense Exhibit 303, and the parties.
MS. SMYSER: Your Honor, I don't believe 1B-213 is in evidence.
THE COURT: It's just being shown to the witness, I think.
MS. GERAGOS: Yes. So Defense Exhibit 303 just for the witness.
MS. GERAGOS: Do you recognize this?
GERARD GANNON: It looks to be from the master bedroom.
MS. GERAGOS: Was this part of the photos that you or your agents took?
GERARD GANNON: I'm not sure.
MS. GERAGOS: We move to admit Defense Exhibit 303.
THE COURT: Any objection?
MS. SMYSER: No objection.
THE COURT: Defense Exhibit 303 will be admitted.
(Defendant's Exhibit 303 received in evidence)
MS. GERAGOS: When you walk into Mr. Combs' bedroom there are these couches on the right-hand side, is that right?
GERARD GANNON: Sounds right, ma'am.
MS. GERAGOS: And then does this look how it looked after the agents went in to search the bedroom?
GERARD GANNON: I don't remember specifically if this is how it looked afterwards.
MS. GERAGOS: When you went in there the pillows weren't strewn about, correct?
GERARD GANNON: From what I remember, yes, that's correct.
MS. GERAGOS: We will go back now, thank you, to the closet. If we could pull up 1B-219 already in evidence.
MS. GERAGOS: You testified yesterday that these were the upper receivers that you or someone from your team recovered from one of the two cubbies in that closet, correct?
GERARD GANNON: Correct, ma'am.
MS. GERAGOS: And they were wrapped up in those -- in the towel that we are looking at in this photo, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: And there was tape wrapped around them also, is that correct?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: And you can see in this photo on the right-hand side the tape was removed to take this photograph, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: Did you remove the tape or did someone on your team remove the tape?
GERARD GANNON: Someone on my team removed it.
MS. GERAGOS: And these upper receivers were disassembled from the lower receivers, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: So when you unwrapped it in the form that we are looking at right now, these are inoperable, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: And the upper and the lower receivers were in two separate -- there were two separate areas, correct?
GERARD GANNON: What do you mean by that?
MS. GERAGOS: This towel was not in the box where you found the lower receivers, right?
GERARD GANNON: No, it was not.
MS. GERAGOS: It was separate, right?
GERARD GANNON: Yes.
MS. GERAGOS: And the magazines were also not loaded into the lower receivers, correct?
GERARD GANNON: That's correct.
MS. GERAGOS: And so when you seized them they did not look like they did yesterday when you were displaying them to the jury, correct, because they were in the wrapped-up towel?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: Can we bring up 1B-222 already in evidence.
MS. GERAGOS: Here we have a photo that you or somebody on your team took, correct?
GERARD GANNON: Correct.
MS. GERAGOS: And you testified that you take photos as close to where something was located for the importance of the investigation, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: In this photo you took five boxes and displayed them on the ground in the closet, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: And then you took the upper receivers, which are in the towel on the left-hand side, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: And the box on the lower side of this photo. And you arranged it in this photograph and took it that way, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: And so there is no way of knowing where any of these items were actually placed in the utility closet before you took this photo, right?
GERARD GANNON: Yes. There is no way to know exactly the order that they were in, correct.
MS. GERAGOS: Nobody had documented that on the day of the search?
GERARD GANNON: No, ma'am.
MS. GERAGOS: Do you see if we could zoom in on the cardboard box on the bottom.
MS. GERAGOS: This is a cardboard box that you testified that the lower receivers were in, correct?
GERARD GANNON: Correct, ma'am.
MS. GERAGOS: So can you see here that there is a perforated edge on the box on the bottom section?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: And then there is also three pieces of tape that wrap around that?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: Then you also testified that the lower receivers were not connected to the ammunition either, is that right?
GERARD GANNON: Yes, ma'am. You can see one of the magazines behind --
MS. GERAGOS: It's that kind of bottom area, if I have it right, that the magazine --
GERARD GANNON: Yes, in the bottom left. That's one of the magazines.
MS. GERAGOS: Great. So you testified yesterday, we talked about the -- what you said were the scratched-off serial numbers, right. And you said that it's important to have serial numbers for law enforcement because it helps law enforcement identify who the owner is of a gun, is that right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: I'd like to talk about all the ways that law enforcement can help identify someone who has possessed or owned a firearm without a serial number. So you've been at HSI now for five years, correct?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: You know that you can dust for prints, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: You can swab a firearm for DNA, is that right?
GERARD GANNON: That's right.
MS. GERAGOS: You have labs that are able to do that?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: You can pull for hair and fiber, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: Can you explain to the jury what pulling for hair and fiber associated with any scene, what you do?
GERARD GANNON: It would be to remove any fibers that could be associated with an individual, and then you can test for DNA through those hair and fibers and stuff like that.
MS. GERAGOS: When you were executing the warrant, did you look for any photos of Mr. Combs anywhere in the home with these firearms?
GERARD GANNON: We did not locate any, no.
MS. GERAGOS: That's something, though, that you would look for in executing the warrant, right?
GERARD GANNON: Yeah.
MS. GERAGOS: If you found any, then you would have seized it, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: And would you agree with me that metal in these firearms is very conducive for fingerprints?
MS. SMYSER: Objection.
THE COURT: That's overruled.
GERARD GANNON: You can get fingerprints off of them, yes.
MS. GERAGOS: Is it easier to get fingerprints off of metal when something is inside and outside of the elements?
GERARD GANNON: Yes.
MS. SMYSER: Objection, your Honor.
THE COURT: You needed to rephrase that.
MS. SMYSER: We move to strike that.
THE COURT: Strike the witness' last answer. I think you can rephrase the question.
MS. GERAGOS: Do you have any training in recovering fingerprints from devices?
GERARD GANNON: Generally, yes.
MS. GERAGOS: Are you aware as to whether metal is easier to get fingerprints off of an item than maybe another type of -- maybe another type of device?
GERARD GANNON: I can't say whether it's easier compared to another one. I just know that you may be able to get fingerprints off of the items.
MS. GERAGOS: As a trained agent in getting fingerprints off of something, are you able to do that more easily when something is outside of the elements, essentially when it's inside?
GERARD GANNON: I would think you would be -- they would be able to remove fingerprints if it's not affected by the weather outside or other.
MS. SMYSER: Objection.
THE COURT: Overruled.
MS. GERAGOS: At HSI you have Mr. Combs' DNA, right?
MS. SMYSER: Objection.
THE COURT: Overruled.
GERARD GANNON: I'm not sure.
MS. GERAGOS: Mr. Combs was arrested, right?
GERARD GANNON: Yes, he was.
MS. GERAGOS: Was he swabbed for DNA?
GERARD GANNON: I can't say. I wasn't present for his actual arrest.
MS. GERAGOS: You have Mr. Combs' prints at HSI, right?
MS. SMYSER: Objection. Foundation, your Honor.
THE COURT: That's sustained.
MS. GERAGOS: Did you ever conduct any fingerprint analysis of these firearms?
GERARD GANNON: I can't answer that. I didn't make that decision, so I don't know if they have or not.
MS. GERAGOS: Did you personally ever conduct any fingerprint analysis of these firearms?
MS. GERAGOS: We will move on to the Gucci bag. Can you please hold up the Gucci bag again for the jury. Thank you so much. Most of the drugs aside, I'll say, from marijuana at 2 Star Island and the wooden box that we just looked at in Mr. Combs' bathroom were contained within the Gucci bag, is that right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: So we saw the Gucci bag and then we saw the wooden box that was labeled Puffy on top, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: And that was in his bathroom, right?
GERARD GANNON: Yes. It was in one of the master bathrooms.
MS. GERAGOS: And the Gucci bag was on -- you said on top of the closet on top of the armoire?
GERARD GANNON: Yes. The dresser inside the closet.
MS. GERAGOS: So there were an assortment of substances in this bag, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: And I think you even said a few times that, in the course of testing, the samples were completely destroyed, right?
MS. GERAGOS: I can bring it up, Government Exhibit 1306, page 3. If we zoom in on paragraph 6A and B.
MS. GERAGOS: We saw the clear plastic container with a white cap labeled DBL wash. Do you remember that on direct this morning?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: Then the stipulation states that the white powdery solid material tested positive for cocaine, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: But that the entire sample of the material was destroyed in the course of testing, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: And that happens when something is so small in the course of testing that it's destroyed, right?
MS. SMYSER: Objection.
THE COURT: Overruled.
GERARD GANNON: I don't know. I don't test substances, ma'am.
MS. GERAGOS: You don't do the testing. You just do the collecting?
GERARD GANNON: Correct.
MS. GERAGOS: Let's look at 6B, which says a clear plastic Ziploc bag, which was pictured in GX-10A-1003-E1. I can pull it up, but we just looked at it this morning. Do you remember it?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: That said it tested positive for cocaine and ketamine, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: That entire sample of power-like material was destroyed in the course of testing. Do you remember that?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: We then looked at the Puffy box which had two separate types of drugs in it as well, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: Your Honor, I am going to admit right now a sealed exhibit, so I would ask that we have IT cut the feed.
THE COURT: Do we have someone from IT who can accomplish that.
MS. GERAGOS: May I have permission to approach the witness, your Honor?
THE COURT: You may.
COURT CLERK: Your Honor, we may proceed with the exhibit.
MS. GERAGOS: I just handed up, and I would ask that we display for the jury and court only Defense Exhibit 304.
THE COURT: Have you provided this to the government?
MS. GERAGOS: I provided this to the government two days ago, your Honor. We just ask that it not be shown to the gallery and the overflow. The TV for the gallery here is off, and I believe we have worked this out with IT over the past 24 hours to ensure that it's not publicly shown. But I see Ms. Smyser standing.
THE COURT: Ms. Smyser.
MS. SMYSER: We have no objection to this being admitted under seal, as long as the witness can authenticate it, and we just want to confirm that the overflow room has been cut off.
THE COURT: Give us one second.
MS. GERAGOS: I will use this one second to confer with Mr. Agnifilo, if that's all right.
THE COURT: I got a nod, so we are ready to go.
MS. GERAGOS: We are ready to proceed.
MS. GERAGOS: Agent Gannon, do you recognize this photo? Please don't say the name of the individuals besides my client in the photo.
GERARD GANNON: I do not.
MS. GERAGOS: You do not. Did you look at all of the photos that were taken as part of the search warrant photos at 2 Star Island?
GERARD GANNON: At some point I did.
MS. GERAGOS: But you do not recognize this one?
MS. GERAGOS: I would ask that we admit it anyway. Even though he cannot authenticate it, it's part of the same batch of photos that we have been looking at. They were contained in the same document. I don't think Ms. Smyser has an objection to it being under seal. I will just not ask that he talk about it, I suppose.
MS. SMYSER: Can I just confer with counsel for one moment, your Honor?
THE COURT: You may.
MS. GERAGOS: Your Honor, we will address this at a later time. We don't have to do it through this witness if he cannot authenticate it right now.
THE COURT: You should ask whatever questions you might need to address the authentication issue. So this is your chance. Otherwise, we can, of course, move on.
MS. GERAGOS: Agent Gannon, did you or someone on your team take approximately 500 photos at the execution of 2 Star Island that day?
GERARD GANNON: Sounds about right.
MS. GERAGOS: Then at some point either that day or afterwards you reviewed all of those photos for accuracy, correct?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: And can you explain why it's important that you review those photos for accuracy.
GERARD GANNON: We just try to make sure that we documented everything that we had and just to be able to ID what photos actually were taken, because that gets turned over to the defense and prosecutors.
MS. GERAGOS: And when you or somebody from your team goes into a house to execute a search warrant, you have to review kind of what is called for in the warrant, correct?
GERARD GANNON: Correct.
MS. GERAGOS: Then you would take photos of something that would be called for in the warrant and then seize those items as well, right?
GERARD GANNON: Correct, ma'am.
MS. GERAGOS: I have asked all the questions I need to, your Honor, on that point. I just have a few more.
COURT CLERK: Your Honor, requesting clarification from counsel, if I may. We are not going to show that document anymore, so I may put the feedback on.
MS. GERAGOS: That's right. You can put the feedback on. I only have a few more questions.
MS. SMYSER: For the record, your Honor, can we clarify which defense exhibit for identification that was?
MS. GERAGOS: 304.
MS. GERAGOS: Special Agent Gannon, you live in Florida, correct?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: You're familiar that many people in Florida have guns in their home, right?
GERARD GANNON: Yes, ma'am.
MS. GERAGOS: Do you?
MS. SMYSER: Objection.
THE COURT: Overruled. But let's keep it going.
MS. GERAGOS: Do you?
GERARD GANNON: I'm issued firearms for work, yes, ma'am.
MS. GERAGOS: Do you have a gun -- I'm asking if you have guns.
GERARD GANNON: I have guns at home, yes, ma'am.
MS. GERAGOS: OK. Thank you.
MS. GERAGOS: No further questions, your Honor.
THE COURT: Any redirect?
MS. SMYSER: No, your Honor.
THE COURT: Thank you, Agent Gannon.
(Witness excused)
THE COURT: Government may call its next witness.
MS. SLAVIK: One moment, your Honor.
THE COURT: While we are doing that, do we have an issue with the screens?
MR. AGNIFILO: I broke the monitor.
MS. GERAGOS: Because he moved over to my seat.
THE COURT: Here we have our amazing staff that hopefully can address the issue.
MS. STEINER: Your Honor, the government calls Dr. Dawn Hughes.
THE COURT: The witness may approach. DAWN HUGHES, called as a witness by the Government, having been duly sworn, testified as follows:
THE COURT: You may proceed.
MS. STEINER: Thank you, your Honor.