2.George Kaplan — Direct/Cross/Redirect (Recall, Part 2)
1,036 linesMS. COMEY: Thank you, your Honor. GEORGE KAPLAN, resumed. DIRECT EXAMINATION (cont'd)
BY MS. COMEY:
MS. COMEY: Good morning, Mr. Kaplan.
GEORGE KAPLAN: Good morning.
MS. COMEY: I would like to pick up where we left off yesterday talking about some of your job responsibilities and tasking that you carried out as Mr. Combs' assistant.
How often, if at all, did you carry cash for Mr. Combs when you were his assistant?
GEORGE KAPLAN: Very infrequently.
MS. COMEY: How would that come about on those infrequent occasions?
GEORGE KAPLAN: There was an occasion where security in New York gave me a bag of cash to hold while we were in the air on a jet, on Mr. Combs' jet, and then land and hand it to the security who was on the ground meeting us. And then --
MS. COMEY: Let me pause and just ask you about that one, if that's OK. Do you remember about when that was?
GEORGE KAPLAN: Sometime in 2015.
MS. COMEY: Do you remember who the security personnel were who handed you the cash or you handed the cash to?
GEORGE KAPLAN: No.
MS. COMEY: But it was Mr. Combs' security?
GEORGE KAPLAN: Yes.
MS. COMEY: And how much cash, if you know, did security have you hold for them on Mr. Combs' jet?
GEORGE KAPLAN: I was told it was $50,000.
MS. COMEY: Were there ever any other times that security had you carry such a large amount of cash for Mr. Combs or was that the only time you can recall?
GEORGE KAPLAN: That's the only time I can recall.
MS. COMEY: And then what other times, if any, were there when Mr. Combs had you carry large amounts of cash for him?
GEORGE KAPLAN: I didn't carry them, but I went to the Western Union a couple of times to pick up cash and give it to Mr. Combs, but not --
MS. COMEY: Understood. I apologize for using the word carry. Pickup.
About how many times do you remember picking up cash for Mr. Combs at Western Union?
GEORGE KAPLAN: Two or three times.
MS. COMEY: And how much cash did you pick up from Western Union for Mr. Combs each time?
GEORGE KAPLAN: $10,000.
MS. COMEY: Do you know where the $10,000 was being Western Union'd from?
GEORGE KAPLAN: Combs Enterprises.
MS. COMEY: Combs Enterprises?
GEORGE KAPLAN: Yes.
MS. COMEY: When you picked up that cash each time at Western Union, what did you do with it?
GEORGE KAPLAN: I gave it to Mr. Combs.
MS. COMEY: I want to take a step back, Mr. Kaplan, and just talk about your testimony here today.
Did you receive a subpoena requiring you to testify at this trial?
GEORGE KAPLAN: Yes.
MS. COMEY: And is there also an immunity order compelling you to testify even if your testimony might incriminate you?
GEORGE KAPLAN: Yes.
MS. COMEY: What is your understanding of what that order requires you to do?
GEORGE KAPLAN: To testify truthfully and allow for this testimony to not be used against me.
MS. COMEY: Let's break that down.
First, are you required to tell the truth here?
GEORGE KAPLAN: Yes.
MS. COMEY: If you do that, what is your understanding of the protections that that order gives you?
GEORGE KAPLAN: That my testimony cannot be used against me.
MS. COMEY: Does this order protect you from prosecution for any crimes you may have committed in the past, as far as you know?
GEORGE KAPLAN: No.
MS. COMEY: Does this order protect you if you lie here today?
GEORGE KAPLAN: No.
MS. COMEY: In other words, can you still be prosecuted for perjury if you lie here today?
GEORGE KAPLAN: Yes.
MS. COMEY: I want to turn now to a different topic.
What, if any, long-term romantic partners were you aware of Mr. Combs having during the time that you worked for him?
GEORGE KAPLAN: Cassie, Ms. Porter. There is a woman named Gina.
MS. COMEY: Let's take each of those in turn.
I would like to start with Kim. Based on your interactions with her and Mr. Combs, what was your understanding of who Kim was?
GEORGE KAPLAN: She was the mother of some of Mr. Combs' children and very important figure in his life.
MS. COMEY: And then you mentioned Cassie. Who was she, as far as you understood?
GEORGE KAPLAN: Mr. Combs' girlfriend.
MS. COMEY: Then you mentioned a woman named Gina. Who was she?
GEORGE KAPLAN: She was another one of Mr. Combs' girlfriends.
MS. COMEY: What, if any, social relationship did you have with those three women?
GEORGE KAPLAN: Very little, if any at all.
MS. COMEY: Ms. Foster, could we pull up what's in evidence as Government Exhibit 2A-401.
MS. COMEY: Mr. Kaplan, do you recognize the person in that photograph?
GEORGE KAPLAN: Yes.
MS. COMEY: Who is that?
GEORGE KAPLAN: Cassie.
MS. COMEY: Do you know her by any other names?
GEORGE KAPLAN: Cassie Ventura.
MS. COMEY: We can take that down. Thank you, Ms. Foster.
MS. COMEY: About how often, Mr. Kaplan, do you remember seeing Cassie in person during your time as Mr. Combs' assistant?
GEORGE KAPLAN: Very regularly.
MS. COMEY: About how often did you see Cassie when she was not physically with Mr. Combs?
GEORGE KAPLAN: Irregularly.
MS. COMEY: Did it happen that much?
GEORGE KAPLAN: Not really.
MS. COMEY: How many times, if at all, did you witness Mr. Combs be physically violent with Cassie?
GEORGE KAPLAN: Once.
MS. COMEY: I'd like to talk about that time, please.
Can you remember about when this happened?
GEORGE KAPLAN: It was in the second half of 2015.
MS. COMEY: Where were you when this happened?
GEORGE KAPLAN: On Mr. Combs' jet.
MS. COMEY: On his private plane?
GEORGE KAPLAN: Yes.
MS. COMEY: Who else was on the jet with you?
GEORGE KAPLAN: Other team members, security, management. I don't remember exactly.
MS. COMEY: Let's break that down. You were on the jet?
GEORGE KAPLAN: Yes.
MS. COMEY: And security was on the jet?
GEORGE KAPLAN: Yes.
MS. COMEY: And you said other team members were on the jet?
GEORGE KAPLAN: Yes.
MS. COMEY: And other than those people, who else was on the jet?
GEORGE KAPLAN: Mr. Combs and Cassie.
MS. COMEY: Where was the jet flying to?
GEORGE KAPLAN: Las Vegas.
MS. COMEY: Could you describe for the jury what the layout of the jet was, please.
GEORGE KAPLAN: Sure. You walk up the steps. At the top of the steps, if you look left, it's the cockpit. If you look right, there are four captains chairs, two and two facing one another. As you continue down, if you're facing on the right side, there is a picnic table with more seats. There is a bench facing that. And then you run into a partition with two sliding doors, and then there was a bedroom or a bed area in the back.
MS. COMEY: So behind the partition there was a bed area?
GEORGE KAPLAN: Yes.
MS. COMEY: Before the violence you witnessed started, where were you on the jet?
GEORGE KAPLAN: I was sitting at the picnic table with my back to the door.
MS. COMEY: By the door, do you mean that partition you talked about?
GEORGE KAPLAN: Yes.
MS. COMEY: And who was behind the partition?
GEORGE KAPLAN: Mr. Combs and Cassie.
MS. COMEY: How is the partition positioned?
GEORGE KAPLAN: It was ajar. It was more open than it was closed.
MS. COMEY: So what part of the back of the plane were you able to see from where you were sitting?
GEORGE KAPLAN: I had a partial view over my right shoulder into the back.
MS. COMEY: And who was in front of you on the plane toward the cockpit?
GEORGE KAPLAN: Everyone else.
MS. COMEY: So security, everyone else who was traveling with you was further to the front of the plane?
GEORGE KAPLAN: Correct.
MS. COMEY: How did you first notice that something was happening?
GEORGE KAPLAN: I heard a glass break.
MS. COMEY: From what direction did you hear glass break?
GEORGE KAPLAN: Behind me.
MS. COMEY: Can you describe the sound you heard.
GEORGE KAPLAN: It was a glass crash shatter.
MS. COMEY: What did you do when you heard that glass shatter?
GEORGE KAPLAN: I looked over my right shoulder.
MS. COMEY: And what did you see in the back of the plane when you looked over your right shoulder?
GEORGE KAPLAN: I saw Mr. Combs standing over Cassie.
MS. COMEY: Can you describe for us how Cassie's body was positioned.
GEORGE KAPLAN: Yeah. She was on her back and her legs were extended up in a way that would indicate that she was trying to create space between the two of them.
MS. COMEY: Was she lying on her back on the floor?
GEORGE KAPLAN: Yes.
MS. COMEY: And what was Mr. Combs doing?
GEORGE KAPLAN: He was standing above her, over her.
MS. COMEY: What, if anything, was in his hand?
GEORGE KAPLAN: He had another glass in his hand that he was holding up.
MS. COMEY: He was holding it up above Cassie?
GEORGE KAPLAN: Yes.
MS. COMEY: What did that glass look like?
GEORGE KAPLAN: It was a rocks, a whiskey rocks glass.
MS. COMEY: As this was happening, what, if any, voices could you hear from that back of the plane?
GEORGE KAPLAN: I mean, there was tremendous commotion and scuffle, and then, after the glass crashed, Cassie screamed, isn't anybody seeing this.
MS. COMEY: Did Mr. Combs say anything before Cassie said, isn't anybody seeing this?
GEORGE KAPLAN: I don't know.
MS. COMEY: Did you hear his voice at all during this interaction?
GEORGE KAPLAN: Yes.
MS. COMEY: Do you remember what words he said?
MS. COMEY: Do you remember what his tone of voice was?
GEORGE KAPLAN: He was angry.
MS. COMEY: After you looked back and saw Mr. Combs standing over Cassie with a glass in his hand, what did you do?
GEORGE KAPLAN: Nothing.
MS. COMEY: Did you look away?
GEORGE KAPLAN: Yes.
MS. COMEY: After you looked away, what did you hear?
GEORGE KAPLAN: Further glass crashing and chaos.
MS. COMEY: At what point in all of this did Cassie say, isn't anybody seeing this?
GEORGE KAPLAN: Maybe a second or two after I turned my head back forward.
MS. COMEY: Did anyone respond to her?
MS. COMEY: You said you did nothing. What did security do?
GEORGE KAPLAN: Nothing.
MS. COMEY: Why didn't you intervene, Mr. Kaplan?
GEORGE KAPLAN: I was 23 years old. All I wanted to do was have a great job in the entertainment industry. I could not believe my good fortune would be working for such an icon. And the last way that I thought that I would be successful in that career would be to compromise his well-being in any way.
MS. COMEY: Did you ever call the police to report what you saw?
MS. COMEY: Why not?
GEORGE KAPLAN: Apropos of what I just said, it would not have been keeping with what I was trying to accomplish professionally.
MS. COMEY: What did Mr. Combs do after you heard the last glass shatter?
GEORGE KAPLAN: He came into the front section of the plane and sat in one of the captain's chairs.
MS. COMEY: Before he came to the front of the plane, what, if anything, did you hear him say?
GEORGE KAPLAN: He told Cassie to stay in the back.
MS. COMEY: When he came to the front of the plane, what was his demeanor?
GEORGE KAPLAN: Pretty even keeled.
MS. COMEY: So he was calm?
GEORGE KAPLAN: Yeah.
MS. COMEY: After he came to the front of the plane, who was in the back of the plane?
GEORGE KAPLAN: Cassie.
MS. COMEY: Was anyone with her?
MS. COMEY: Did anyone go to check on her?
MS. COMEY: How much longer did the flight last?
GEORGE KAPLAN: Less than an hour.
MS. COMEY: What do you remember happening in Las Vegas after that flight?
GEORGE KAPLAN: Mr. Combs had a club appearance. We went to the hotel that we were staying at. He and Cassie got ready. I don't remember if it was together or separately. And then Mr. Combs went to the club. All the staff went with him. And then I went back to collect Cassie when she was ready to bring her to where Mr. Combs was.
MS. COMEY: Did you bring Cassie to Mr. Combs at the club?
GEORGE KAPLAN: I don't remember specifically dropping her off next to him, but I remember bringing her to the table where we were all anchored.
MS. COMEY: Can you just explain what a club appearance is, please.
GEORGE KAPLAN: A club appearance is when a club hires a celebrity to show up for promotional purposes to attract other guests and club goers.
MS. COMEY: After this incident, how many times, if any, did you see Cassie with bruising or injuries on her face?
GEORGE KAPLAN: One time.
MS. COMEY: About when was this?
GEORGE KAPLAN: Also the second half of 2015.
MS. COMEY: Was it before or after the plane incident we have just discussed?
GEORGE KAPLAN: After.
MS. COMEY: Where did this happen?
GEORGE KAPLAN: I saw her in Mr. Combs' home.
MS. COMEY: In which home?
GEORGE KAPLAN: Los Angeles.
MS. COMEY: Can you explain to us how you came to see Ms. Ventura with injuries on her.
GEORGE KAPLAN: Yes. Mr. Combs called me via intercom to come see him upstairs. I thought that he was in his bedroom. He was actually in his bathroom. I entered his bedroom. Cassie was crying on the bed with her head in her hands. I walked past her without saying anything to her and met Mr. Combs in his bathroom.
MS. COMEY: Let me ask you some follow-up questions about that.
You said Mr. Combs called you via intercom. What do you mean by that?
GEORGE KAPLAN: Like a PA system in the house.
MS. COMEY: And then is Mr. Combs' bedroom connected to his bathroom in that house?
GEORGE KAPLAN: Yes.
MS. COMEY: When you went into the bedroom, can you explain what you saw in a bit more detail, please.
GEORGE KAPLAN: Cassie was on the bed. She was clearly upset. Her head was in her hands. It was clear that there was bruising near her right eyebrow and on her forehead where her hands were not covering her face, and I was in that room for less than three seconds.
MS. COMEY: Where did you go after seeing Cassie on the bed with injuries on her face?
GEORGE KAPLAN: To Mr. Combs.
MS. COMEY: And what happened when you went to Mr. Combs?
GEORGE KAPLAN: He asked me to go pick up several over-the-counter lotions that remedy -- lotion remedies of some kind, which I later came to learn were to be mixed together to act as an antiswelling agent.
MS. COMEY: What ingredient do you remember Mr. Combs asking you to get specifically?
GEORGE KAPLAN: The only one I remember is witch hazel.
MS. COMEY: What did you do after Mr. Combs instructed you to pick up these ingredients?
GEORGE KAPLAN: I picked them up.
MS. COMEY: Where?
GEORGE KAPLAN: At CVS.
MS. COMEY: How did you pay for them?
GEORGE KAPLAN: With my corporate credit card.
MS. COMEY: Your Combs Enterprises credit card?
GEORGE KAPLAN: Correct.
MS. COMEY: Where did you bring them?
GEORGE KAPLAN: To Mr. Combs.
MS. COMEY: When did you stop working for Mr. Combs, Mr. Kaplan?
GEORGE KAPLAN: December 2015.
MS. COMEY: Why did you decide to leave your job as Mr. Combs' assistant?
GEORGE KAPLAN: The central reason that I left my job as Mr. Combs' assistant was that I was not comfortable or aligned with the physical behavior that had been going on that I had seen pieces of over the course of the months.
MS. COMEY: When you say the physical behavior, what are you referring to?
GEORGE KAPLAN: The plane incident in question, the bedroom incident in question, having to be responsible for fixing those types of things and being -- assisting the fixing. It was extremely challenging because I obviously was extremely grateful to be in the role and had and have a great deal of respect for Mr. Combs and it was extremely vexing, but in my heart of hearts I knew it was the right thing to do.
MS. COMEY: You referenced having to fix these things. What do you mean by that?
GEORGE KAPLAN: Like being asked to go get witch hazel and just being party to any of this type of stuff.
MS. COMEY: When did you make the final decision to leave as Mr. Combs' assistant?
GEORGE KAPLAN: My dad was diagnosed with prostate cancer and that was the straw that broke the camel's back for me. He lives in Boston. Being so far away, it was untenable for me. And given the rest of what's been described, that was the best choice for me.
MS. COMEY: Was it just the two incidents with Cassie that led you to the decision, or did something else happen?
GEORGE KAPLAN: There were other incidents.
MS. COMEY: What are the other incidents?
GEORGE KAPLAN: There was one incident where in the Miami house Mr. Combs threw a number of decorative or real green apples at another girlfriend.
MS. COMEY: Which other girlfriend was this?
GEORGE KAPLAN: Gina.
MS. COMEY: I want to talk about that, please. You said this was at the Miami home?
GEORGE KAPLAN: Yes.
MS. COMEY: What's the address of that home?
GEORGE KAPLAN: 2 Star Island.
MS. COMEY: And what time of day did you see this happen?
GEORGE KAPLAN: Late at night.
MS. COMEY: Where on the 2 Star property did you see this happen?
GEORGE KAPLAN: In the entryway of the main home.
MS. COMEY: And what did you see in the entryway of the main home?
GEORGE KAPLAN: Mr. Combs was very angry, and he was throwing these green apples that lived in a decorative vessel of some kind in the main entryway.
MS. COMEY: Where was Mr. Combs throwing these apples?
GEORGE KAPLAN: At Gina.
MS. COMEY: How hard was he throwing these apples?
GEORGE KAPLAN: Hard.
MS. COMEY: What was his demeanor as he was throwing these things?
GEORGE KAPLAN: He was very angry.
MS. COMEY: And who was he throwing them at?
GEORGE KAPLAN: Gina.
MS. COMEY: How was Gina reacting?
GEORGE KAPLAN: She was trying to shield herself with her arms, and she was moving away from him.
MS. COMEY: What did you do in response?
GEORGE KAPLAN: I left.
MS. COMEY: Why didn't you intervene?
GEORGE KAPLAN: For all the same reasons that I mentioned before. Just a young kid really trying to make it in the entertainment industry. This was essentially my first professional endeavor, and I actually thought for a second that it might be normal, this is what I could expect if I wanted to have a career in this industry. So I was sort of working all of that out in real time as a young man.
MS. COMEY: When is the next time you saw Mr. Combs after that incident?
GEORGE KAPLAN: Later that night.
MS. COMEY: What happened later that night?
GEORGE KAPLAN: He intercomm'd me to ask if I would bring him his medicine bag.
MS. COMEY: What did you do in response?
GEORGE KAPLAN: I brought him his medicine bag.
MS. COMEY: To where?
GEORGE KAPLAN: His bedroom.
MS. COMEY: What happened when you went to Mr. Combs' bedroom?
GEORGE KAPLAN: He received the bag from me, and he asked me to leave.
MS. COMEY: Can you describe what was going on in the bedroom when you walked in?
GEORGE KAPLAN: Yeah. There was definitely some tension. Gina was standing in a corner of the room on the other side, like very far away, and Mr. Combs knew why I was coming to the room. So he was not upset with me for coming to the room, but he wanted me to leave the room once I gave him the medicine bag.
MS. COMEY: What was his demeanor?
GEORGE KAPLAN: He was seemingly on edge.
MS. COMEY: When is the next time you heard Gina's voice after that?
GEORGE KAPLAN: A while later, also in the middle of the night, there was a commotion near the front gate of Mr. Combs' home where I heard her voice.
MS. COMEY: Where were you when you heard Gina's voice near the front gate to 2 Star?
GEORGE KAPLAN: I was in my bed in the guest house.
MS. COMEY: Where is the guest house relative to the front gate?
GEORGE KAPLAN: It is closer to it than the main house, and if you are entering the front gate it's on the left in the driveway.
MS. COMEY: What did you hear Gina saying in the middle of the night near the gate?
GEORGE KAPLAN: I didn't hear any specific words, but, again, it was a lot of the commotion and a lot of screaming and back and forth.
MS. COMEY: Who else did you hear outside near the gate with Gina?
GEORGE KAPLAN: I heard other male voices which I deemed to be Mr. Combs' security.
MS. COMEY: For about how long did you hear this going on?
GEORGE KAPLAN: Less than a minute.
MS. COMEY: Is it possible to get out of 2 Star without someone opening the gate for you?
GEORGE KAPLAN: Or you opening the gate yourself if you know the code. No. I don't believe so.
MS. COMEY: If you don't know the code, is it possible to get out of the property at 2 Star?
GEORGE KAPLAN: I don't remember if there was a button for the gate or not. That would have been the way that someone would have gotten out without the code.
MS. COMEY: What did you do after you heard this commotion by the gate?
GEORGE KAPLAN: Nothing.
MS. COMEY: Why nothing?
GEORGE KAPLAN: Because I didn't -- because I wished it wasn't happening because I didn't want to be involved with it and because I really, really wanted to have a successful career in the entertainment industry, and standing in the way of that was not my way to succeed.
MS. COMEY: Do you remember about when in 2015 this happened?
GEORGE KAPLAN: Second half of 2015.
MS. COMEY: Was it before or after the two incidents you described involving Cassie?
GEORGE KAPLAN: After.
MS. COMEY: And when did you leave Combs Enterprises?
GEORGE KAPLAN: December 2015.
MS. COMEY: How long did you stay at Combs Enterprises after giving notice that you were going to leave Combs Enterprises?
GEORGE KAPLAN: Three months.
MS. COMEY: And when did you officially give notice that you were going to leave Combs Enterprises?
GEORGE KAPLAN: September 2015.
MS. COMEY: And how soon after this incident with Gina you have just described did you give that notice?
GEORGE KAPLAN: Within a month.
MS. COMEY: After the incident with Gina, who did you speak to the next morning?
GEORGE KAPLAN: I spoke to Brian Offutt and Sandy Humphrey. I spoke to Kristina Khorram. I remember those conversations.
MS. COMEY: Which of those was in person?
GEORGE KAPLAN: Kristina.
MS. COMEY: And is that the person we have talked about called KK?
GEORGE KAPLAN: Yes.
MS. COMEY: What did you tell KK?
GEORGE KAPLAN: I gave her a recount of what I had observed the night before.
MS. COMEY: Did you tell her everything you have just told us?
GEORGE KAPLAN: Yes.
MS. COMEY: What, if anything, did you tell her about what you had observed on the jet involving Cassie?
GEORGE KAPLAN: I had told her each time that I witnessed any sort of violent act.
MS. COMEY: So let's break that down. Did you tell KK about the incident on the jet?
GEORGE KAPLAN: Yes.
MS. COMEY: Did you tell KK about the time you saw bruising on Cassie's face?
GEORGE KAPLAN: I don't remember.
MS. COMEY: And did you tell KK about the incidents that you saw involving Gina?
GEORGE KAPLAN: Yes.
MS. COMEY: How did she respond when you told her these things?
GEORGE KAPLAN: She was sad, she was disappointed.
MS. COMEY: What did you tell her the morning after this incident involving Gina?
GEORGE KAPLAN: That this was going to be the last straw for me and that I was going to see my way out of this role over the next period of time.
MS. COMEY: How did she respond when she told you that?
GEORGE KAPLAN: She was disappointed. We were very friendly, and we worked really closely together, and I think that she was sad about the whole situation.
MS. COMEY: Then how much longer did you stay with Combs Enterprises after you told Kristina that this was the last straw for you?
GEORGE KAPLAN: Four months.
MS. COMEY: What did you tell Mr. Combs about your decision to quit?
GEORGE KAPLAN: I told him that my dad was sick and that I needed to be closer to him.
MS. COMEY: How did he respond to that?
GEORGE KAPLAN: He was extremely gracious.
MS. COMEY: After you left Combs Enterprises in December of 2015, what did you do?
GEORGE KAPLAN: I moved back into my mom's house for three months and kind of collected myself, and then I moved back to New York and got a job at an integrated marketing firm.
MS. COMEY: What do you mean you collected yourself?
GEORGE KAPLAN: I needed to dig pretty deep to sort of compartmentalize the experience for what it was, which I learned an incredible amount from in -- at that time it was the most incredible thing that had ever happened to me in my life. There was a lot of cognitive dissidence trying to parse apart the different pieces and what they all meant and how I could sort of be OK moving forward in my life.
MS. COMEY: What's the last time you saw Mr. Combs in person?
GEORGE KAPLAN: Before the pandemic.
MS. COMEY: Did you remain in touch with him after you left?
GEORGE KAPLAN: Yes.
MS. COMEY: Why is that?
GEORGE KAPLAN: Because I like Mr. Combs, and I wanted to continue having a relationship with him.
MS. COMEY: May I have a moment, your Honor?
THE COURT: You may.
MS. COMEY: No further questions.
THE COURT: Cross-examination.
CROSS-EXAMINATION BY MR. AGNIFILO:
MR. AGNIFILO: Good morning, Mr. Kaplan.
GEORGE KAPLAN: Good morning.
MR. AGNIFILO: My name is Marc Agnifilo. I'm one of Mr. Combs' lawyers. I am going to ask you some questions. I don't think it's going to be terribly long. We will get you out into the rain.
If I ask you a question that you don't understand, if you want me to rephrase the question, all you need to do is ask and I'll do that.
GEORGE KAPLAN: Yes, sir.
MR. AGNIFILO: Thank so much.
GEORGE KAPLAN: Thank you.
MR. AGNIFILO: I want to ask you about something you just said to my colleague at the U.S. Attorney's Office. You said working with Mr. Combs was the most incredible thing that happened in your life.
GEORGE KAPLAN: At the time, yes.
MR. AGNIFILO: I just want -- tell the jury why you gave that answer.
GEORGE KAPLAN: I think like a lot of people in their early twenties, even those of whom have gone to college, their world is extremely small. When I moved to New York City after college I was looking up at the buildings. I couldn't believe how big the world was and how small I was in it. And working for Mr. Combs made my world so much bigger in such a short period of time in the amount of knowledge that I gained both from a business perspective, but also just in a way of living was so much every day that it was almost like drinking from a fire hose, not in a bad way but in a particularly overwhelming way that in many ways was positive.
MR. AGNIFILO: Thank you.
And tell us about the business perspective. You said part of the answer you just gave related to your perspective on business. Just tell the jury why you gave that part of the answer.
GEORGE KAPLAN: Yeah. The reason that I was excited to take the role in the first place is because Mr. Combs is obviously an enormous business mogul across numerous industries. I had been a fan of his since I was a child. And to be frank, I keep lessons from him to this day from a business perspective that I use in my career every day. He taught me to have the work ethic that I have, understanding that no job was too big or small, and frankly without a bunch of these lessons I don't believe that I would have had the jobs that I've had since then. I find when I interview young people, none of these people understand that, and I'm very grateful for having learned those lessons from him.
MR. AGNIFILO: I think you said yesterday that you were promoted. When you started working for Mr. Combs at one point you got promoted. If I remember correctly, I think my colleague said, well, why were you promoted? You said, I think he recognized how hard that I work.
Do you remember all that?
GEORGE KAPLAN: Yes, sir.
MR. AGNIFILO: You're a hard worker?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: And you knew, when you starred working with Mr. Combs, it was going to be hard work, right?
GEORGE KAPLAN: Yes. The line was, you're going in eyes wide open, which is ironic because I was not, as it turned out, but I did as far as the business and the hours and that type of stuff was concerned.
MR. AGNIFILO: When you started working -- I just want to get the segue of things. So you knew Brian Offutt before you knew Mr. Combs?
GEORGE KAPLAN: Correct. He hired me out of college to be his assistant at Nickelodeon.
MR. AGNIFILO: And tell us very briefly, what did you do at Nickelodeon?
GEORGE KAPLAN: Purely administrative duties. Scheduling travel, scheduling meetings, scheduling phone calls, sitting at a desk from 9 to 5, and 5:01 coming up and me saying, I'll see you tomorrow.
MR. AGNIFILO: Mr. Offutt came over to Combs Enterprises and you came with Mr. Offutt?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: When you first got to Combs Enterprises, what was your job description then?
GEORGE KAPLAN: Same. Administrative duties. The one difference was that because Brian was now sort of accountable for Mr. Combs -- the success of Mr. Combs' business units and all of the heads of those units reported to him, I got more into broader executive planning and planning group events for all of the executives because Brian was in charge of them, whereas at Nickelodeon he was not, so those types of things were not in my purview.
MR. AGNIFILO: Because Brian Offutt -- I'll call him Brian. You called him Brian, so I will call him Brian. When Brian came to Combs Enterprises, he had -- what was his role?
GEORGE KAPLAN: He was the chief operating officer.
MR. AGNIFILO: And from what you could see, what was involved in that job description, from what you could see?
GEORGE KAPLAN: Ensuring the profitability and smooth operation of each of Mr. Combs' holdings.
MR. AGNIFILO: And what was your role in helping Mr. Brian Offutt do that?
GEORGE KAPLAN: Making sure that he was in the right place at the right time, making sure that he wasn't running terribly over on phone calls and sticking to his schedule, making sure that if he had meetings outside of the office, his car was ready. he was in and out the door, getting him lunch, scheduling travel.
MR. AGNIFILO: That at some point you got promoted from that job to a different job?
GEORGE KAPLAN: To Mr. Combs' assistant.
MR. AGNIFILO: And how long were you working with Combs Enterprises when you got promoted to being Mr. Combs' assistant?
GEORGE KAPLAN: Ten months.
MR. AGNIFILO: And you said -- I know you just said it. I just want to sort of start us off again -- part of the reason you thought you got promoted is Mr. Combs recognized your hard work, right?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: You were working very hard?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: What led you to conclude that Mr. Combs recognized your hard work?
GEORGE KAPLAN: Brian told me.
MR. AGNIFILO: How much time did you spend with Mr. Combs before you got promoted, ballpark?
GEORGE KAPLAN: Like certainly less than 10 hours, probably closer to five. He came to New York one time and his assistants kind of tried me out. Like I went to get him coffee. I brought him a cup of tea in a Starbucks cup and it wasn't in a tea service, and I remembered that moving forward, those types of things.
MR. AGNIFILO: And while you were working with Mr. Offutt, before you became Mr. Combs' assistant, you did work very hard, correct?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: And from what you could see from your time at Combs Enterprises, not everybody worked as hard as you did?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: And so you said that with a certain emphasis that I don't know that the record picked up, so tell the jury what you mean by that answer.
GEORGE KAPLAN: As I described myself in Nickelodeon, being someone who stood up at 5:00 to leave, I kind of kicked that at Combs Enterprises because it was inspirational and motivational, and I was so happy to be there. I would actually find myself staying late after Brian, which was kind of the start of this whole thing, but I can't say that that was true for everybody who worked there, by any means.
I also worked on the executive floor with Brian, which was a seemingly very different experience than people who worked for different brands on other floors.
MR. AGNIFILO: You mentioned different brands. What were the different brands?
GEORGE KAPLAN: Revolt was in there until they got a new office. Blue Flame, the marketing agency was in there. The head of Sean John had an office there. The head of Ciroc I think had an office there. There were certainly different businesses all operating over these floors in this building.
MR. AGNIFILO: Let's go through some of them, and I want to know what your experience is with the various ones.
Revolt. Tell the jury what Revolt is.
GEORGE KAPLAN: It was -- it's a cable news network that focuses on music and hip hop specifically.
MR. AGNIFILO: What, if any, connection did you have -- not connection. What work did you do in connection with Revolt?
GEORGE KAPLAN: The head of Revolt at the time, Keith Clinkscales, reported to Brian. So to the extent that I was scheduling meetings for Keith and Brian, Brian was also on the board, I think, if I remember correctly, of Revolt, so he was going to board meetings and things like that. I was also an employee of the company when Revolt launched, which they had been working on for a long time. So that was a very exciting day, obviously, that everyone was -- everyone saw all their really hard work come to fruition, so that was exciting.
MR. AGNIFILO: You were there when Revolt launched?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: Tell the jury about that.
GEORGE KAPLAN: We were all in a conference room on the sixth floor of the Bad Boy offices at 1710 Broadway. Anybody who was not producing the launch of television kind of was in that room. People were having cocktails. Mr. Combs I think opened the station from Biggie's doorstep in Brooklyn, if I remember that correctly, I'm not positive on that one, but it was an extremely momentous occasion.
MR. AGNIFILO: In your view, why was it momentous?
GEORGE KAPLAN: It was momentous because we all worked for Mr. Combs and this was his thing and everybody -- most people had contributed in some way, so I think that people felt good about that. I also think that Revolt came about through an initiative. I don't have all the details, all the information, but it came about through a cable company initiative where cable companies were trying to give voices to more diverse groups, and Revolt ended up being a fruit of that experience.
MR. AGNIFILO: So it was important -- tell me if this is right. Diversity was an important feature of Revolt, correct?
GEORGE KAPLAN: Yes. Everything that Mr. Combs did and does, diversity is a very important part of it, specifically for African-American people.
MR. AGNIFILO: How specifically did that express itself in Revolt, from what you could see?
GEORGE KAPLAN: Could you rephrase it.
MR. AGNIFILO: Yeah. That was a terrible question. I am going to ask a less terrible one.
From what you could see, what was the -- what about Revolt -- let me try again. I said I would get you out soon.
GEORGE KAPLAN: All good.
MR. AGNIFILO: You said that Revolt had aspects of diversity to it. Just tell the jury what that was.
Let me back you up one second. I am going to ask you to try to put us all back there. None of us worked there. You did. Give us the feel. Give us what it was like. You're in a conference room. You're having cocktails. This thing launches. Give us a feeling of what it was. Were you proud?
GEORGE KAPLAN: Yeah. It was a party. In this particular moment, from 5 to 6:30 p.m. on a Thursday night, or whatever it was, in the office, it was a party, like it was an office party. People were not dancing on tables, there was not loud music, but folks were thrilled. It took years to launch the network.
When you work with Mr. Combs, part of the job, no matter if you're close to him or not, he has an extremely infectious vibration. I mean, you are around him, and you feel his excitement -- you feel what he feels, and he's very adept at projecting that. So I think that those things in confluence made people proud, excited, feel like their hard had paid off and that they were actually seeing what they were working on coming to life in the marketplace and on television.
MR. AGNIFILO: Did Revolt have a mission? Did you ever use that word or did you ever hear that word used, mission?
GEORGE KAPLAN: Vaguely. I don't really --
MR. AGNIFILO: That's OK.
I want to go through some of the other companies, and we will come back to some of this.
You mentioned Blue Flame?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: What did Blue Flame do?
GEORGE KAPLAN: My understanding is Blue Flame provided the marketing services for Ciroc.
MR. AGNIFILO: And Ciroc was a vodka company?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: Spirits?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: And Sean John was fashion?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: And did you have connections and input from what you experienced into all of these businesses?
GEORGE KAPLAN: No. Not from a creative or business perspective. Maybe from an administrative perspective.
MR. AGNIFILO: So let's talk about that part of it, the administrative perspective. What administratively did you do for Revolt?
GEORGE KAPLAN: I personally did not do very much. Brian did an incredible amount, so I had a calendar of due dates of budgets or creative proposals, recommendations, you name it, pitches that needed to be adhered -- sufficed by a certain date. So I made sure that these things were in front of him. If he wasn't looking at them or neglecting them or prioritizing something else, I would make sure that he got to them in time.
MR. AGNIFILO: And how about for Blue Flame, administrative or other responsibilities, not too much.
GEORGE KAPLAN: Not really.
MR. AGNIFILO: Most of your efforts were geared at which companies?
GEORGE KAPLAN: Ciroc. Like as far as Mr. Combs' trips to Norwalk and like the relationships with the Diageo executives, making sure those meetings were straight, making sure that all of the transportation and all the administrative stuff.
I'm failing to remember the two. There were two men who led the Ciroc relationship on the Diageo end. I can't remember either of their names right now.
MR. AGNIFILO: Give the jury a little bit. What is Diageo?
GEORGE KAPLAN: Diageo is an enormous spirits company. It owns dozens of liquor brands that are household names, like Johnnie Walker and Ciroc and numerous others.
MR. AGNIFILO: What was the connection between any of Mr. Combs' companies and Diageo, from what you understood?
GEORGE KAPLAN: Mr. Combs certainly was the face of the Ciroc vodka brand, and I think that he had a lucrative financial interest in it as well. And so my understanding, and this all obviously came to be before I was there, is he set up an in-house marketing agency to come up with great ideas to market Ciroc.
MR. AGNIFILO: So he was sort of the marketing face of Ciroc.
GEORGE KAPLAN: Yeah. I mean, publicly he was the whole face of it, but yeah.
MR. AGNIFILO: Got it.
Now, when you were working as Mr. Combs' executive assistant, fair to say you were trying to figure out what sort of innovations, what sort of things you could do to make the company work better?
GEORGE KAPLAN: Every day.
MR. AGNIFILO: And tell us some of the things that you did to try to bring that about.
GEORGE KAPLAN: I mean, I think that the checklists were a big one, though I certainly didn't invent that. Someone suggested to me after I didn't have them that I should make them. That made my days a hell of a lot easier. It was really repetition. It was understanding what Mr. Combs' movements were going to look like.
So, for example, if he said he was ready to leave the house, that meant to me that we probably had between three and five minutes before we were going to leave the house. It was about picking up those little things and understanding just kind of getting close to him and understanding what he meant by what he was saying and what he wanted, and sometimes he would ask for things where he actually wanted something else, and you kind of needed to decipher to get through. I kind of refer to it as like an out-of-classroom educational experience because it's not like something you would learn in school, but it was tremendously edifying.
MR. AGNIFILO: You mentioned a checklist. What was the checklist?
GEORGE KAPLAN: I had checklists for each of the bags. I had checklists for his toiletries in the bathroom.
It was a very, very bad look on me if he wanted something from the bags and it wasn't in the bags. So once I screwed that up a couple of times, I realized that I could never screw that up again.
MR. AGNIFILO: Do you remember something called the executive leadership think tank?
GEORGE KAPLAN: Not by that name, no.
MR. AGNIFILO: Can I show the witness something that may or may not refresh his recollection. It's Defense Exhibit 411. I think we can put it on the screen. I have a hard copy if that's easier too.
MR. AGNIFILO: Is there a binder near you?
GEORGE KAPLAN: Yes, there is.
MR. AGNIFILO: I can't read that, by a long shot.
GEORGE KAPLAN: It says U.S. District Court, Southern District --
MR. AGNIFILO: I am not sure --
THE COURT: You don't need to read it.
MR. AGNIFILO: Can you look at the back of that, sort of toward the back.
MR. AGNIFILO: Can I just do this. Can I just hand this to him.
THE COURT: Yeah. That's easier. You may approach.
MR. AGNIFILO: I think everybody has a copy now except me. Thank you.
MR. AGNIFILO: I am handing you something that purely is something to refresh your recollection, if it refreshes your recollection.
GEORGE KAPLAN: It does.
MR. AGNIFILO: Do me a favor. Take whatever -- you don't have to read the whole thing. Take a look at it. See what it is. If it refreshes your recollection, look at it as long as you want to. When you're done looking at it, please look back at me, and that will let me know that you're done reading.
So is your recollection refreshed?
GEORGE KAPLAN: Yes. I don't ever remember calling it a think tank. I remember calling it an offsite. But the rest of it, yeah, totally.
MR. AGNIFILO: You said you remember it as being an offsite?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: What do you remember? What's an offsite?
GEORGE KAPLAN: An offsite usually is when you take members of a business, in this case it was all of the executive leaders, to somewhere that is not the office to do bonding activities or engage in things that you may not have in like a regular business week, and it's meant to build relationships and glean insights into how to make a business run more smoothly or become more profitable.
MR. AGNIFILO: What, if any, role did you have in that process?
GEORGE KAPLAN: I planned the whole thing and put the whole thing together and invited everybody and made all the reservations and created and printed all the materials, and this was a big project for me.
MR. AGNIFILO: I am going to ask you about a few names, and you are just going to tell me if you remember them or not. If you do remember them, I might ask you a few more questions about each person.
GEORGE KAPLAN: Sure thing.
MR. AGNIFILO: Do you remember somebody named Tony Abrahams.
GEORGE KAPLAN: I do.
MR. AGNIFILO: Who was Tony Abrahams?
GEORGE KAPLAN: He was the CFO of Combs Enterprises.
MR. AGNIFILO: Do you know anything about Tony Abraham's background?
GEORGE KAPLAN: I had been made to believe that he had some financial issues coming into that role, but that was the only thing I knew about him.
MR. AGNIFILO: Do you know if he went to Harvard Business School?
MR. AGNIFILO: That's fine.
Kenny Burns?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: Who was Kenny Burns?
GEORGE KAPLAN: Kenny Burns was a friend of Mr. Combs who came in to work at Revolt.
MR. AGNIFILO: Do you know what he did at Revolt?
GEORGE KAPLAN: Not really. He was like a promoter or talent person. Not exactly, no.
MR. AGNIFILO: Fair enough.
I might say this wrong, but I think you said it before. Keith Clinkscales?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: Who was Keith Clinkscales?
GEORGE KAPLAN: He was the CEO of Revolt.
MR. AGNIFILO: CEO of Revolt?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: And James Cruz?
GEORGE KAPLAN: James Cruz, Mr. Combs' manager.
MR. AGNIFILO: What did Mr. Cruz do?
GEORGE KAPLAN: He was Mr. Combs' manager.
MR. AGNIFILO: As the manager, what did you see Mr. Cruz do?
GEORGE KAPLAN: He was responsible for Mr. Combs' musical performances and club appearances and essentially his career as an artist.
MR. AGNIFILO: Neil Dominique?
GEORGE KAPLAN: Yes. Neil worked at Revolt while I was there. I also knew that he was one of Mr. Combs' assistants before me.
MR. AGNIFILO: You talked about Kristina Khorram, KK?
GEORGE KAPLAN: Right.
MR. AGNIFILO: Now, you said you and KK had a friendship. Is that a fair way to put it?
GEORGE KAPLAN: We had a very close professional working relationship, yeah.
MR. AGNIFILO: How much interaction -- I could call her KK. That's how you called her.
GEORGE KAPLAN: I called her Kristina, but whatever you want.
MR. AGNIFILO: Then that's what I'll call her.
Tell the jury more about your relationship between you and Kristina.
GEORGE KAPLAN: She was my immediate boss. Certainly in the first six months that I was there she told me what to do and when to do it. I learned how do the job very much from her guidance. I talked to her more than I talked to any other individual on the staff. We certainly bonded over the amount of time that we spend together, which was many hours in different locations and late nights and things like that.
MR. AGNIFILO: I want to focus you on something that you talked about with the government before you sat down. You said that at some point you spoke to Kristina about the violence that you saw, correct?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: And if I remember your answer right, I think you said that Kristina was disappointed and saddened?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: And that's what she expressed to you in the conversation you had with her, right?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: OK.
And there was no endorsement or even indifference about the news you had told her. She was saddened by it, right?
GEORGE KAPLAN: Yes.
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MR. AGNIFILO: And she was disappointed in Mr. Combs; is that right?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: As were you?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: You and Kristina had a conversation when you said this is what I saw. You told her what you saw, and you were disappointed, and even more than disappointed?
GEORGE KAPLAN: I was sad.
MR. AGNIFILO: You were sad. And part of the reason you were sad — and tell me if it's right, I'm sorry for doing this way — because it's sad, right?
GEORGE KAPLAN: Yeah, it's horrible.
MR. AGNIFILO: It's horrible.
Also, you loved working there.
GEORGE KAPLAN: I liked working there.
MR. AGNIFILO: Fair enough. You liked working there and you didn't want to leave?
GEORGE KAPLAN: I did not want to leave.
MR. AGNIFILO: And you left because of what you had told the jury that you saw?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: So, from your perspective, and tell me if this is right, Mr. Combs's temper, what you saw, from what you saw did not help his business?
GEORGE KAPLAN: No, it did not.
MR. AGNIFILO: It hurt his business?
GEORGE KAPLAN: Yes, it did.
MR. AGNIFILO: Among other things, it prompted a really hardworking, dedicated, beloved person — meaning yourself — to leave the company?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: And you leaving the company because of what you saw, you have no reason to think that helps his business, right?
MR. AGNIFILO: You were effective, right?
GEORGE KAPLAN: I tried to be.
MR. AGNIFILO: You worked very, very hard, right?
GEORGE KAPLAN: I never worked harder in my life.
MR. AGNIFILO: You never worked harder in your life. And they always say don't ask a question you don't know the answer to — here I go.
Looking back at it, was that a good thing or a bad thing?
GEORGE KAPLAN: I can't answer that question. It's proven to be one of the most complicated pieces of my life.
MR. AGNIFILO: Okay. I survived.
GEORGE KAPLAN: Yup.
MR. AGNIFILO: But looking back, you're proud of the work you did?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: You're proud of how hard you worked, right?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: You're proud you were asked to do a great, great deal of work, and you did a great, great deal of work, right?
GEORGE KAPLAN: Very proud of that.
MR. AGNIFILO: You're proud of the quality of the work that you did, right?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: And Mr. Combs, at times, has been very difficult, right?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: When he wanted, what was it, one gallon of water, you brought two gallons of water, he didn't need to yell at you, right?
GEORGE KAPLAN: Well, it was two half gallons.
MR. AGNIFILO: I'm sorry.
GEORGE KAPLAN: I figured that I'd keep one full and then he'd go through it, I'd give him the next one full already. We'd keep the count.
MR. AGNIFILO: You had a theory. Okay. That must have been startling?
GEORGE KAPLAN: It was very startling.
MR. AGNIFILO: You're a young man, right?
GEORGE KAPLAN: I'm a young man and this is, you know, this is a god among men talking to me.
MR. AGNIFILO: And you didn't like that he spoke to you that way, right?
GEORGE KAPLAN: Did not.
MR. AGNIFILO: It made you feel bad, right?
GEORGE KAPLAN: Yeah.
MR. AGNIFILO: You remembered all these years later?
GEORGE KAPLAN: Yes, sir.
MR. AGNIFILO: But you said the word, I'm going to ask you about it, there was something about him that was inspirational?
GEORGE KAPLAN: Highly.
MR. AGNIFILO: Tell us what that means for you.
GEORGE KAPLAN: He -- he didn't just push me to my deepest depth, he introduced me to depths that I did not know that I had. It helped me not only professionally, but that piece helped me grow up as a man.
MR. AGNIFILO: And so when you realized it wasn't right for your own moral standards to stay, that was deeply, deeply disappointing, to put it mildly?
GEORGE KAPLAN: Yeah, my friends told me this was my Harvard and I was blowing it.
MR. AGNIFILO: Yet — I'm about to compliment you — you have a strong moral compass, correct?
GEORGE KAPLAN: I think so.
MR. AGNIFILO: And your moral compass told you it was the best thing for you to leave?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: And you did?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: You still wish Mr. Combs well on his birthday, right?
GEORGE KAPLAN: I do.
MR. AGNIFILO: You remember his birthday?
GEORGE KAPLAN: November 4th.
MR. AGNIFILO: And that's because working at the company was really special for you?
GEORGE KAPLAN: It was a once-in-a-lifetime opportunity.
MR. AGNIFILO: What happened from the steps of Biggie's house? You said something happened from the steps of Biggie's house.
GEORGE KAPLAN: If I remember correctly, Mr. Combs was on air, and the first shot of Revolt launching the network with a microphone in his hand from the front steps of Biggie's house behind, behind him.
MR. AGNIFILO: Biggie has come up a few times in this trial and I neglected to ask who Biggie was. Who is Biggie, who are we talking about?
GEORGE KAPLAN: Notorious B.I.G. He was very famous rapper in the '90s who unfortunately passed away.
MR. AGNIFILO: When you were working at Combs Enterprises, you had a number of holidays that were paid holidays that you didn't have to come to work, right?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: If you were working at Combs Enterprises yesterday, would you have had to come to work?
GEORGE KAPLAN: It only just occurred to me that I would not have had to come to work yesterday because I think it was Biggie's birthday and that was a holiday for Combs Enterprises.
MR. AGNIFILO: That's correct. So if you worked at Combs Enterprises, with the subpoena aside, you wouldn't have had to go to work because May 21st is Biggie's birthday, and that's a paid holiday?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: I interrupted my own list. Ezequiel Leal, what was Ezequiel's job?
GEORGE KAPLAN: He was one of the four counterparts that I had while I was in Mr. Combs's employ as his assistant.
MR. AGNIFILO: And Elie Maroun, who is Elie?
GEORGE KAPLAN: He was on Mr. Combs's management team.
MR. AGNIFILO: And Nathalie Moar, who's that?
GEORGE KAPLAN: That's Mr. Combs's publicist.
MR. AGNIFILO: Dia Simms?
GEORGE KAPLAN: She ran Ciroc, and I think DeLeon, too -- actually, no. She did Ciroc and I think Andrew Mancini did. I don't know if he's even on this list. But yeah, no, she was the head of Ciroc.
MR. AGNIFILO: And David Tapscott?
GEORGE KAPLAN: Yeah, I don't remember what he did.
MR. AGNIFILO: That's fair enough.
So I'm going to ask you, and you can look at the memo that you wrote just to refresh your recollection, I'm going to ask you about a few things and you'll tell me what you remember about them.
Do you remember wanting to convey to the people in the company that you should have a Fortune 500 spirit?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: And what did you mean by the term Fortune 500 spirit?
GEORGE KAPLAN: Best in class. And in the case of Combs Enterprises, just because it's technically kind of like a startup holding company, it could still operate in a way that a very successful heritage business had for many years with best practices and the greatest people, which is always the most important thing to Mr. Combs, was to have the best people.
MR. AGNIFILO: And fair to say from what you saw, there really was a culture of excellence; is that fair to say?
GEORGE KAPLAN: Certainly in his executive office.
MR. AGNIFILO: And you were part of that, right?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: I want to ask you what you mean by excellence in the executive office. Is that people worked very, very hard, right? Everybody, not just you, but the whole executive office, right?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: People work very long hours, correct?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: You and others tried to make the company more efficient in every way, okay, right?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: You tried to save money when you could, right?
GEORGE KAPLAN: Always.
MR. AGNIFILO: That's a key part of any business, right? Okay. Tried to make as much money as you could within reason, right?
GEORGE KAPLAN: Mhm.
MR. AGNIFILO: And even aside from all of that, having worked there, did you have a sense of some sort of innovation, something -- that you were involved in something new and special, even just aside from the business components of it?
Is that a confusing question?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: Thank you. Let me ask you a different question.
Aside from the bottom line financial issues, was there anything else that you saw in the company that made it special?
GEORGE KAPLAN: Oh, yeah. I mean, the company was comprised of all ambitious, young, creative people. I think Combs Enterprises, and because Mr. Combs being an artist and his success in the music industry, it attracted a lot of people who also wanted to be artists, but maybe wouldn't become a musician, but could become a creative graphic designer or a producer or the types of businesses that Mr. Combs had really availed themselves to, like, having lots of different positions — you could be a finance person or you could be a creative -- or you could be, you know, not necessarily a scientist. But you could be one of the number of things. You could be an attorney and there, like, would be a place for you somewhere in the greater ecosystem. And I think that that was super inviting to people. I also think that people who applied to work at Combs Enterprises really wanted to work there and really gave a crap about it.
MR. AGNIFILO: You guys were like a team, you were like lick a family?
GEORGE KAPLAN: The executive team was a team.
MR. AGNIFILO: Did you guys sometimes talk about yourselves as the Combs Enterprises family? Was the word family ever used or am I -- if it wasn't, it wasn't.
GEORGE KAPLAN: I don't remember that word being used.
MR. AGNIFILO: That's fine.
Now, I have a few more specific questions for you and we'll let you go.
GEORGE KAPLAN: Sure.
MR. AGNIFILO: You said you had a corporate credit card?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: And you used that for virtually all purchases, correct?
GEORGE KAPLAN: I used it any time I was working.
MR. AGNIFILO: Now, you don't know how -- were you involved in going through the credit card statement and figuring out this is a business, this is not business, you didn't do that?
MR. AGNIFILO: And do you know who did?
MR. AGNIFILO: So if you had to make a purchase for something while you were working, you used the corporate credit card?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: Now, in your experience with Mr. Combs, Mr. Combs does not — tell me if this is right — pay for things like himself in the moment?
GEORGE KAPLAN: That's correct.
MR. AGNIFILO: So in other words, it's not as though you and Mr. Combs are going to be someplace, you guys get lunch together, Mr. Combs gets a bill and writes a check or --
GEORGE KAPLAN: No, definitely not.
MR. AGNIFILO: Tell us how it worked, from what you could see.
GEORGE KAPLAN: Ideally -- so Kristina, one of his assistants, would have his wallet, which was a wallet with a Black Amex and a license and that was it, which was awesome. And ideally, we would have the black credit card and that would just take care of anything for him. I would use my credit card if I was alone or if I didn't have the black card.
MR. AGNIFILO: And while you were with Mr. Combs, did he do things like lease yachts or lease villas and things like that?
GEORGE KAPLAN: Yeah.
MR. AGNIFILO: And from what you could see, how was that kind of arranged and paid for?
GEORGE KAPLAN: There was at least one person, if not multiple people in his office whose job it was to handle his travel.
MR. AGNIFILO: So he was making multi tens of thousands thousand-dollar purchases, rentals, leases, things like that?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: You have no reason to think that he's keeping track of baby oil purchases, right?
GEORGE KAPLAN: Definitely not, no.
MR. AGNIFILO: That's just not -- whether a baby oil gets purchased at Duane Reade or CVS, you have no reason to think Mr. Combs has the vaguest idea about that?
GEORGE KAPLAN: Not at all. It just needed to be there when it needed to be there.
MR. AGNIFILO: And the same is true with -- did he like apples? Do you remember applesauce being a thing?
GEORGE KAPLAN: I do.
MR. AGNIFILO: Tell the jury what you remember about applesauce.
GEORGE KAPLAN: Mr. Combs loves applesauce. He eats it on the side or on top of a lot of things.
MR. AGNIFILO: Cheeseburgers?
GEORGE KAPLAN: Cheeseburgers being one of them.
MR. AGNIFILO: And he just didn't keep track of the applesauce, right?
GEORGE KAPLAN: He kept track of what he was focusing on in the given moment in the given day. I mentioned how, like, my world was really small and it got bigger and bigger — his world was the size of the earth. Like, he knew people who was doing things with -- for business and whatever literally around the world. So, frankly, to think that he knew where some of these things were coming from was unrealistic.
MR. AGNIFILO: I want to talk about the incident on the airplane for a second that you told the jury about. Did you see Cassie with any physical injuries?
GEORGE KAPLAN: Not that I remember.
MR. AGNIFILO: You said that it looks like rocks glasses were being thrown. You heard them breaking?
GEORGE KAPLAN: Yeah, and he was holding one.
MR. AGNIFILO: And that's, Cassie was saying isn't anyone seeing this or something along those lines?
GEORGE KAPLAN: Yeah.
MR. AGNIFILO: And then you heard glass breaking. Okay.
And I think, and tell me if this is right, you would have seen Cassie later that evening, right, because you brought her to the club premiere?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: And so how much time would you have spent with her to bring her to the club from your -- ballpark?
GEORGE KAPLAN: Five minutes, seven minutes.
MR. AGNIFILO: Would you have been in close proximity to her?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: Did you see any injuries to her?
GEORGE KAPLAN: Not at the time, no.
MR. AGNIFILO: Not at the time, I mean -- so I know you're talking another time, but I'm going to get to that time in a second.
GEORGE KAPLAN: I did not see her injured. She was not, no.
MR. AGNIFILO: That's later that same day, right?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: And you agree with me, you're in close contact with her a few feet away from her, correct?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: For about a five-minute period of time or so, right?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: Bringing her to the club, right?
No injuries to her face, no injuries that you could see?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: Now, you said there was another time where you didn't see what happened, but this is the time Mr. Combs asked you to go out and get things including witch hazel?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: You said she had like a bruise to her forehead type thing?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: And she was crying?
GEORGE KAPLAN: Yeah, she was -- she wasn't sobbing, she was sort of whimpering.
MR. AGNIFILO: Okay. And I have no reason to dispute that something may have happened, but whatever happened --
MS. COMEY: Objection to the commentary, your Honor.
MR. AGNIFILO: You didn't see it?
GEORGE KAPLAN: I did not see it.
MR. AGNIFILO: Now, the incident with Gina, and tell me if this is right, this is at the Miami house?
Do me a favor, you have to answer yes or no.
GEORGE KAPLAN: Yes.
MR. AGNIFILO: So you walk into the house, right, the front door, you walk in the house, and tell me if you remember, there's a little, like, kind of thin table, like, in front of you. You come in --
GEORGE KAPLAN: I don't remember.
MR. AGNIFILO: You said that there were apples, either real apples or decorative apples, you don't know which?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: But green apples, things that look like green apples?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: In a, like decorative holder or container or something?
GEORGE KAPLAN: Yeah, I've been referring to it as a four-legged cauldron, that's not really the right way of putting it, but it was this huge bowl on four legs. It was made out of stone.
MR. AGNIFILO: That's the bowl?
GEORGE KAPLAN: Yeah.
MR. AGNIFILO: And these decorative apples, real or fake, are in the bowl?
GEORGE KAPLAN: Correct. Probably 50.
MR. AGNIFILO: And Mr. Combs is throwing the apples hard at Gina, correct?
GEORGE KAPLAN: Uh-huh. Correct, yes.
MR. AGNIFILO: And they're all in that same area. Is this like the entrance area to the Miami house?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: So Gina's there, Mr. Combs is there and you're there?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: Is anybody else there?
GEORGE KAPLAN: I don't remember.
MR. AGNIFILO: You don't have any recollection of anyone else being there with the three of you?
GEORGE KAPLAN: I don't.
MR. AGNIFILO: Okay. Fair enough.
And he's throwing these apples at Gina?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: Can you tell if the apples are hitting her?
GEORGE KAPLAN: No, I don't remember if they were -- I don't know if I could tell at the time, but I don't remember. I remember her going away and covering herself.
MR. AGNIFILO: She's trying to avoid getting hit by the apples.
But you don't have a recollection, one way or the other, as to whether any of the apples actually struck her?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: Now let's go to later that same night, am I right, when you talked about the gate?
GEORGE KAPLAN: Mhm.
MR. AGNIFILO: So when you leave the Miami house, okay, you walk out, there's some distance, some fairly considerable distance, and then there are these two large gates that separate the road from the house?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: And the gates are typically in a closed position?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: And one of the things you're not sure of, all these years later, is whether the gates could be opened by some kind of button or device on the inside of the gate?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: You just don't remember one way or the other?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: Or, or whether to get the gates to open, you would have to alert someone who has whatever control mechanism is required to open the gate?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: And could you hear what Gina was saying?
MR. AGNIFILO: Okay, you could not?
GEORGE KAPLAN: I just heard screaming and commotion.
MR. AGNIFILO: When you say screaming, and I don't know if you can differentiate, but I'll ask you to if you can, is it screams of terror or screams of, can someone open this gate?
GEORGE KAPLAN: I don't know how to differentiate the two.
MR. AGNIFILO: Okay. Okay. And it's nighttime?
GEORGE KAPLAN: Yes, the middle of the night.
MR. AGNIFILO: And so if no one -- and do you know where -- do you know where security goes in the middle of the night if they're not -- let me ask a different question.
Do you know where security goes in the middle of the night?
GEORGE KAPLAN: Some of them slept in the guest house that I was in.
MR. AGNIFILO: If they were sleeping, someone would have to alert them to open the gate, unless there was a button, which you don't remember?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: And other than the screaming, there was no other event at the gate, there was no physical event at the gate?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: And I think you've talked on direct examination about a few things that Mr. Combs did, you know, he yelled at you, right? Okay.
Do me a favor, you have to say yes or no.
GEORGE KAPLAN: Yes.
MR. AGNIFILO: I think you said he threatened your job from time to time?
GEORGE KAPLAN: He did.
MR. AGNIFILO: He never threatened you physically, did he?
MR. AGNIFILO: Did you ever hear him threaten Cassie physically?
GEORGE KAPLAN: Can you --
MR. AGNIFILO: Other than, you know, the event on the plane, which, he was angry and throwing things. Did he ever physically threaten Cassie in your presence, to your recollection?
GEORGE KAPLAN: I'm sorry. Physically threatening, meaning like saying that I'm going to hurt you type of a thing? Physically, is that what that means?
MR. AGNIFILO: Among other things.
GEORGE KAPLAN: Yeah, no. No. No.
MR. AGNIFILO: Now you said you were -- you talked about Kim Porter to a certain extent. Okay.
Now, and you talked about -- I think you said Kim Porter was a very important person and was the mother of several of Mr. Combs's children?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: And then when my colleague with the government asked you about Cassie, you said Cassie was a girlfriend?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: And Gina was a girlfriend?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: When the government asked about Kim Porter, you didn't say she was a girlfriend, you said something else?
GEORGE KAPLAN: Yeah, she was a special figure to him. I didn't see her as being a girlfriend of his.S she was kind of -- she was vaunted above it.
MR. AGNIFILO: In what sense, from what you could see?
GEORGE KAPLAN: His respect of her.
MR. AGNIFILO: And you said they had children together, right?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: That was the mother of some of his children?
GEORGE KAPLAN: Correct. Incredible kids.
MR. AGNIFILO: Say it again?
GEORGE KAPLAN: Incredible kids.
MR. AGNIFILO: Okay. Thank you.
Ms. Ventura and Mr. Combs did not have children, to your knowledge?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: Gina and Mr. Combs did not have children, to your knowledge?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: Ms. Porter and Mr. Combs did?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: And when you say she was vaunted above a girlfriend, from what you could see, what you could observe with your own two eyes, tell the jury what you saw that led you to that conclusion.
GEORGE KAPLAN: Mr. Combs always seemed to have an extra gauge of patience with Ms. Porter. Ms. Porter seemed to make Mr. Combs really happy, even when he was otherwise not. And again, just the way -- and it's not that he was going around treating everybody poorly all the time, but he treated her in a very special manner that just felt different than the way he treated others.
MR. AGNIFILO: Now, I think you said you set up hotel rooms -- actually, I don't know if you did. Did you ever set up hotel rooms for what you understood to be Mr. Combs and Ms. Porter?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: And when you did that, there was no baby oil, right?
GEORGE KAPLAN: No, that's not my recollection.
MR. AGNIFILO: Let me ask you a different thing. Do you remember lotions, other than baby oil, like lotions?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: Ms. Porter and Mr. Combs, there were lotions, like over-the-counter type lotions? I'm really asking if you remember.
GEORGE KAPLAN: Yeah, it's coming to me. I remember one time, yes, lotions.
MR. AGNIFILO: But you said you think that there was baby oil, too?
GEORGE KAPLAN: Yeah, there was always baby oil in the bag and I always unpacked the whole bag.
MR. AGNIFILO: Got it.
GEORGE KAPLAN: I wouldn't have known not to unless somebody said very specifically not to.
MR. AGNIFILO: Meaning, meaning since there was always baby oil in the bag and you always brought the bag, to not bring baby oil, someone would have to say, don't bring baby oil?
GEORGE KAPLAN: Or don't unpack it.
MR. AGNIFILO: Got it. And you talked on direct examination about cleaning up the hotel rooms afterward?
GEORGE KAPLAN: Yes, sir.
MR. AGNIFILO: One thing I want to ask you about, I think you also said and tell me if this is right, that when Mr. Combs went to these hotel rooms, you yourself would go home for a period of time?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: Because you weren't working?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: So the idea is, tell me if this is right, if Mr. Combs is going out to a business dinner, you're still at work because he's working?
GEORGE KAPLAN: Correct. There were two types of, like, you were either on or you were on call. And so if you were on, you were at the house no matter what was going on. Hotels were generally an on-call situation.
MR. AGNIFILO: So I want to know about the difference. So on means you are at the house or at someplace doing work, correct?
GEORGE KAPLAN: Yeah. Yes, correct.
MR. AGNIFILO: So if Mr. Combs had a business meeting at 3 o'clock in the afternoon, you were on?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: If Mr. Combs had a business dinner and was going to do work after it, you are on?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: If Mr. Combs was having a lunch with a recording executive, you were on?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: When Mr. Combs went to these hotels, you weren't on, you were on call?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: And you understood from your job description, this was his personal time?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: Now, am I right that from what you could see in these hotel rooms, when you would sometimes tidy them up afterward, there was baby oil on things and on the floor, correct?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: You never saw physical damage to furniture or to the room itself?
GEORGE KAPLAN: Not that I recall.
MR. AGNIFILO: I should have asked a better question. Physical damage meaning chairs broken, lamps broken, things broken, not things with baby oil on them?
GEORGE KAPLAN: Not that I recall.
MR. AGNIFILO: And I think you said yesterday at one point, I think the prosecutor asked, well, how come you cleaned them up, the rooms, how come you didn't let the hotel do it. And I remember your answer, your answer was sometimes you were worried that the hotel would release pictures or release something to embarrass Mr. Combs?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: And that was a worry that you had?
GEORGE KAPLAN: Absolutely.
MR. AGNIFILO: Because in your experience -- well, why was that a worry? Tell the jury, why were you worried about that?
GEORGE KAPLAN: The most important thing at the end of the day for me about this job was doing it well and being recognized for doing it well, and that's all that I cared about. And obviously, in my testimony, you can see how much tunnel vision I had just trying to do a good job in trying to check the box, and this to me was just a continued, you know, example of that, trying to go above and beyond. It's also the type of thing where if you do nothing and nothing happens, fine, but if you do nothing and something happens, I would have had a problem. And so trying to protect myself and my employment as well and just trying to do what I thought was the right thing.
MR. AGNIFILO: So you had some measure of distrust for the hotel staff that they might release something?
GEORGE KAPLAN: A large measure.
MR. AGNIFILO: A large measure of distrust for the hotel staff?
GEORGE KAPLAN: Mhm.
MR. AGNIFILO: And why did you have this large measure of distrust for the hotel staff?
GEORGE KAPLAN: Because money's involved and people want a payday. If they steal security footage or if there's a security guard who leaks footage or any number of permutations that could be like that would have been severely compromised and it would have been a terrible look on me. And it's also not what I wanted. I didn't want his reputation to be compromised.
MR. AGNIFILO: You think that would be unfair?
GEORGE KAPLAN: I think that's the way the world works.
MR. AGNIFILO: I mean, you used the word payday?
GEORGE KAPLAN: To, like, sell the video or the imagery to a news outlet in exchange for money as a hotel employee.
MR. AGNIFILO: Couple more questions. I'm going to keep saying that. We're almost done, we really are.
GEORGE KAPLAN: It's all right.
MR. AGNIFILO: You said at one point the security kind of changed over and they went from sort of having a less professional security staff to a more professional security staff?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: And when about was that?
GEORGE KAPLAN: It was in 2015, I want to say the spring because we started traveling with the security in the last months that I was working there.
MR. AGNIFILO: And when the more professional staff came on, you understood this was a security company that Mr. Combs hired?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: So he essentially outsourced his and his family's and his property's security to a company, correct?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: And that company made decisions on how to try and keep him and his family and his property safe, right?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: And you said that they -- you believed they had licenses to carry firearms?
GEORGE KAPLAN: That was my understanding.
MR. AGNIFILO: And you never saw the security staff, the old security staff or the new security staff with firearms one way or the other?
GEORGE KAPLAN: The new security staff, I did; the old, I did not.
MR. AGNIFILO: The old did not?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: So you never saw them with guns?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: You never saw Mr. Combs with a gun?
MR. AGNIFILO: So the old security staff was D-Roc?
GEORGE KAPLAN: Yeah, he was a member.
MR. AGNIFILO: Uncle Paulie?
GEORGE KAPLAN: Yes, sir.
MR. AGNIFILO: Let me just stop on Uncle Paulie for a second. Let me go through everybody.
There's D-Roc, Uncle Paulie. Who else do you remember?
GEORGE KAPLAN: Rube.
MR. AGNIFILO: Rube. Okay. Anybody else?
MR. AGNIFILO: When you saw Mr. Combs throwing apples at Gina, did you tell security about it?
GEORGE KAPLAN: I don't remember.
MR. AGNIFILO: So you have no recollection of telling anybody in security about the apples?
MR. AGNIFILO: I want to show you a couple of photographs. We're going to start with defense exhibit 406 for identification.
MR. AGNIFILO: Just for the witness at the moment.
MR. AGNIFILO: This is a message from yourself to Mr. Combs from November 16th, 2018. Do you see that there?
GEORGE KAPLAN: Yes, sir.
MR. AGNIFILO: And you do you recognize who's in that photograph?
GEORGE KAPLAN: Yes, sir.
MR. AGNIFILO: Who's that?
GEORGE KAPLAN: Ms. Porter and her friend.
MR. AGNIFILO: Your Honor, we offer it.
THE COURT: Exhibit 406 will be admitted.
(Defendant's Exhibit 406 received in evidence)
MR. AGNIFILO: And we can put it up for the jury.
MR. AGNIFILO: Ms. Porter is the woman on the second horse, on the whiter horse?
GEORGE KAPLAN: Correct, she's in the back.
MR. AGNIFILO: And you sent this soon after Ms. Porter passed away, a couple of days in fact. Okay.
And what you write is, P, no possible words -- RN?
GEORGE KAPLAN: Right now.
MR. AGNIFILO: Right now. Sorry. So not going to reach, but I am so, so sorry and sending all of my condolences. My thoughts are with you and the kids. Wishing you immense strength. Please hang in there. Love you.
GEORGE KAPLAN: Yes.
MR. AGNIFILO: You sent him this after Ms. Porter passed away?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: Because of why?
GEORGE KAPLAN: I was heartbroken for him.
MR. AGNIFILO: And I think you said that in addition to this occasion, you stayed in touch with him through the years.
GEORGE KAPLAN: Yes.
MR. AGNIFILO: If things happened in your life, sometimes you'll send him a text and say this happened to me?
GEORGE KAPLAN: Yeah, I invited him to my wedding, I did not hear back, and I told him when I had a baby.
MR. AGNIFILO: I think what you said when Ms. Comey was asking you questions is you have and had great respect for him?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: You still do?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: What you saw him do offended you, correct?
GEORGE KAPLAN: Yes, it did.
MR. AGNIFILO: It offended you so much it made you leave your dream job?
GEORGE KAPLAN: Yeah, it shook me tremendously.
MR. AGNIFILO: And yet, you still, as you sit here today on the witness stand of his trial, you have respect for him?
GEORGE KAPLAN: Yeah, I'd say that it's a complicated relationship at this point. I think I have a lot of complicated relationships in my life, and I think this perhaps falls into that bucket.
MR. AGNIFILO: And based on what you know, what you saw, what your experience was with him, that's why you have respect for him, correct?
GEORGE KAPLAN: Yeah, the way the time we spent together, the things that he taught me, and the way that I observed him in most cases, yes.
MR. AGNIFILO: I want to show you another photograph. If I walk back to that table, I'm going to have another question for you every time.
MR. AGNIFILO: I'm going to ask that the witness be shown exhibit 404 for identification.
MR. AGNIFILO: This is a text exchange between you and Mr. Combs and KK. Do you see that? It would be on the page on the left.
GEORGE KAPLAN: Yup.
MR. AGNIFILO: And there's a photograph there, right?
GEORGE KAPLAN: Yes.
MR. AGNIFILO: Who's in that photograph?
GEORGE KAPLAN: Kristina Khorram and Mr. Combs.
MR. AGNIFILO: And who else?
GEORGE KAPLAN: Myself.
MR. AGNIFILO: We offer it as 404, your Honor.
MS. COMEY: No objection, your Honor.
THE COURT: Exhibit 404 will be admitted.
(Defendant's Exhibit 404 received in evidence)
MR. AGNIFILO: Show it to the jury. Can we blow up the photo.
MR. AGNIFILO: KK is the woman on the right, Mr. Combs in the middle, you on the left, yeah?
GEORGE KAPLAN: She's on my left, I'm on my right, but yeah.
MR. AGNIFILO: Any idea where you are?
GEORGE KAPLAN: We're at Teterboro Airport. This is the day that Mr. Combs got his private jet.
MR. AGNIFILO: That he actually got the private jet?
GEORGE KAPLAN: Correct, that's what the champagne was for.
MR. AGNIFILO: Got it. So tell me if this is right: it was a difficult, difficult job, right?
GEORGE KAPLAN: Right.
MR. AGNIFILO: You saw things that offended you?
GEORGE KAPLAN: Right.
MR. AGNIFILO: You had a lot of fun, right?
GEORGE KAPLAN: No, that is not right. No, I wouldn't say that.
MR. AGNIFILO: You're having fun there?
GEORGE KAPLAN: Is that what you see on that facial expression?
MR. AGNIFILO: I'm not sure. What do you see on your facial expression?
GEORGE KAPLAN: I see a kid who thank god found the mascara in the back seat of that car.
MR. AGNIFILO: Fair enough. And you learned a lot, right?
GEORGE KAPLAN: I learned an incredible amount.
MR. AGNIFILO: You said that he not only showed you kind of like all you can be, he showed you things you didn't even know you could be, right?
GEORGE KAPLAN: Yes, that is correct.
MR. AGNIFILO: And you didn't want to come here today, right?
GEORGE KAPLAN: I desperately did not want to come here today.
MR. AGNIFILO: Because you have nothing against Sean Combs, right?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: And you are here, and you tell me if this is right, do you feel like you were forced to be here?
GEORGE KAPLAN: I was subpoenaed to be here.
MR. AGNIFILO: You could not say no?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: And so you would rather not be testifying at this trial, right?
GEORGE KAPLAN: 100 percent.
MR. AGNIFILO: And you are here because the government subpoenaed you, right?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: You never reached out to the government to say, I have information about Sean Combs that I am dying to give you folks, right?
GEORGE KAPLAN: Absolutely not.
MR. AGNIFILO: They found you?
GEORGE KAPLAN: Correct.
MR. AGNIFILO: Once they found you, they were going to put you on that stand, right?
GEORGE KAPLAN: Yeah, I was hosed. I had to retain counsel immediately.
MR. AGNIFILO: I have no other questions for you. I really want to thank you for coming.
GEORGE KAPLAN: Thank you very much.
THE COURT: Ms. Comey.
MS. COMEY: Thank you, your Honor. Very briefly.
REDIRECT EXAMINATION BY MS. COMEY:
MS. COMEY: Mr. Kaplan, do you remember being asked on cross-examination about the incident you observed on the plane involving Mr. Combs being violent toward Cassie?
GEORGE KAPLAN: Yes.
MS. COMEY: And you testified on cross-examination just now that what you saw more generally shook you tremendously. I want to understand which incidents you're referring to that shook you tremendously.
GEORGE KAPLAN: The plane incident and the apple incident.
MS. COMEY: Let's talk about both of those.
The plane incident, you testified on cross-examination that you did not observe Cassie have any injuries as a result. Do you remember that?
GEORGE KAPLAN: Correct.
MS. COMEY: Why did this incident shake you tremendously if you did not see Cassie suffer any injuries?
GEORGE KAPLAN: Because in my heart of hearts, I told myself I knew what was happening and I also definitely felt an element of guilt to not be stopping it.
MS. COMEY: Why did you think you needed to stop it if she wasn't having visible injuries?
GEORGE KAPLAN: Because people can be injured all the time without the injuries being visible.
MS. COMEY: And then the apple incident, I believe you testified on cross-examination that you did not see any of the apples hit Gina. Do you remember that?
GEORGE KAPLAN: Correct.
MS. COMEY: Why did that incident shake you tremendously if none of the apples hit Gina?
GEORGE KAPLAN: The tension and anger in the room was scary, and I never seen or been a part of anything like this. I was naïve enough to think that these were like hyperbolized moments that happened in bad movies or something. So I was really taken aback and it took me a while to process.
MS. COMEY: What was scary about it?
GEORGE KAPLAN: The tonality, the tension, the fact that it was happening at all.
MS. COMEY: And finally, do you remember being asked about the conversation you had that next day with Kristina Khorram?
GEORGE KAPLAN: Yes.
MS. COMEY: Did you tell her about both of these incidents during that conversation?
MS. COMEY: Which incident did you tell her about?
GEORGE KAPLAN: The green apple incident.
MS. COMEY: And earlier, had you told her about the incident on the jet?
GEORGE KAPLAN: Yes.
MS. COMEY: And did you tell her that -- well, what did you tell her about why you had decided to quit working for Mr. Combs during that conversation?
GEORGE KAPLAN: I think the words I used were that I was unwilling to stand by the behavior.
MS. COMEY: What behavior were you talking about in the context of that conversation with Kristina?
GEORGE KAPLAN: The green apples and the airplane incident.
MS. COMEY: Did you tell Kristina you were going to quit because of that?
GEORGE KAPLAN: Yes.
MS. COMEY: Did Kristina say she was going to quit, too?
MS. COMEY: Did Kristina, as far as you know, quit anytime after you left?
MS. COMEY: As far as you know, how long did Kristina stay working for Mr. Combs after you told her about these two incidents that shook you tremendously?
GEORGE KAPLAN: I haven't spoken to her in a while, but my understanding was that she was working for him up until pretty recently.
MS. COMEY: No further questions, your Honor.
THE COURT: Thank you.
Any further questions, Mr. Agnifilo?
MR. AGNIFILO: I don't.
THE COURT: Okay. Mr. Kaplan, thank you very much.
GEORGE KAPLAN: Thank you, your Honor.
(Witness excused)
THE COURT: Government may call its next witness.
MS. SLAVIK: Your Honor, before the government calls its next witness, the government moves to admit A-629-A.
THE COURT: Does the defense maintain its objection?
MR. AGNIFILO: Yes.
THE COURT: That exhibit will not be admitted at the present time and we can pick it up at the break.
MS. JOHNSON: The government calls Scott Mescudi.
THE COURT: Welcome. Just come right up here. SCOTT MESCUDI, called as a witness by the Government, having been duly sworn, testified as follows:
COURT CLERK: Can I ask you to please give the Court your first and last name, and spell your first and last name.
GEORGE KAPLAN: Scott Mescudi, S-C-O-T-T M-E-S-C-U-D-I.
THE COURT: Ms. Johnson, you may proceed.
MS. JOHNSON: Thank you, your Honor.