DIRECT EXAMINATION BY MS. JOHNSON:
MS. JOHNSON: Good morning, Mr. Mescudi.
SCOTT MESCUDI: Hi.
MS. JOHNSON: What do you do for work?
SCOTT MESCUDI: I'm an actor and musician.
MS. JOHNSON: Are you known by any other names?
SCOTT MESCUDI: Kid Cudi.
MS. JOHNSON: Ms. Foster, could you please pull up what's in evidence as Government Exhibit 2A-401.
MS. JOHNSON: Mr. Mescudi, do you recognize who's depicted in Government Exhibit 2A-401?
SCOTT MESCUDI: Yes.
MS. JOHNSON: Who is that?
SCOTT MESCUDI: Cassie Ventura.
MS. JOHNSON: Do you know Ms. Ventura?
SCOTT MESCUDI: Yes.
MS. JOHNSON: How do you know Ms. Ventura?
SCOTT MESCUDI: We were friends and we dated briefly.
MS. JOHNSON: How did you first meet Ms. Ventura?
SCOTT MESCUDI: Just at an event in New York years ago, around like 2008.
MS. JOHNSON: Did you ever collaborate professionally with Ms. Ventura?
SCOTT MESCUDI: Yeah, we worked on some music together.
MS. JOHNSON: You also mentioned you dated briefly. Approximately when did you date Ms. Ventura?
SCOTT MESCUDI: 2011.
MS. JOHNSON: You can take that down now, Ms. Foster.
MS. JOHNSON: Mr. Mescudi, who else, if you know, was Ms. Ventura involved romantically with around the time that you were dating her in 2011?
SCOTT MESCUDI: Sean Combs.
MS. JOHNSON: Ms. Foster, could you please pull up what's in evidence as Government Exhibit 2A-101.
MS. JOHNSON: Mr. Mescudi, do you recognize who's depicted in Government Exhibit 2A-101?
SCOTT MESCUDI: Yes.
MS. JOHNSON: Who's that?
SCOTT MESCUDI: Sean Combs.
MS. JOHNSON: Is that the same Sean Combs who was romantically involved with Ms. Ventura?
SCOTT MESCUDI: Yes.
MS. JOHNSON: You can take that down now.
MS. JOHNSON: Mr. Mescudi, when you first were dating Ms. Ventura, what, if anything, did you know about the status of her relationship with Mr. Combs?
SCOTT MESCUDI: When we first started dating, you mean?
MS. JOHNSON: Yes, when you first started dating.
SCOTT MESCUDI: That she and Sean Combs had some problems and they weren't dating anymore.
MS. JOHNSON: Did your understanding of the nature of their relationship ever change?
SCOTT MESCUDI: Did the what now?
MS. JOHNSON: Did your understanding of the status of their relationship ever change?
SCOTT MESCUDI: After she told me?
MS. JOHNSON: Yes.
SCOTT MESCUDI: No, not that I knew of.
MS. JOHNSON: Ms. Foster, can you also please pull up what's in evidence as Government Exhibit 2A-406.
MS. JOHNSON: Do you recognize, Mr. Mescudi, who is depicted in this exhibit?
SCOTT MESCUDI: Yes.
MS. JOHNSON: Who is this?
SCOTT MESCUDI: Capricorn.
MS. JOHNSON: How do you know Capricorn?
SCOTT MESCUDI: She was a friend of Cassie's.
MS. JOHNSON: I want to direct your attention to December of 2011. Did there come a time when law enforcement responded to your home in December of 2011?
SCOTT MESCUDI: Yes.
MS. JOHNSON: Why did law enforcement respond in December 2011?
SCOTT MESCUDI: Because I had a break-in.
MS. JOHNSON: I'd like to start at the beginning of the day of the break-in. How did that day start?
SCOTT MESCUDI: Well, I got a call from Cassie around 5:30, 6:00 a.m., and she told me that Sean Combs had found out about us. I was really confused, but she asked me to pick her up. She sounded really stressed on the phone, nervous, scared, so I went to go pick her up and, yeah.
MS. JOHNSON: A few followup questions for you.
When Ms. Ventura said that Mr. Combs had found out about us, as you just said, what was your understanding of what Ms. Ventura was saying?
MR. DRISCOLL: Objection.
THE COURT: Overruled.
MS. JOHNSON: You can answer.
SCOTT MESCUDI: Repeat the question.
MS. JOHNSON: Sure. You testified that Ms. Ventura told you Mr. Combs found out about us. What was your understanding of what Mr. Combs had found out?
SCOTT MESCUDI: That me and her were dating.
MS. JOHNSON: And you also testified that you were confused when you heard that?
SCOTT MESCUDI: Yes.
MS. JOHNSON: Why were you confused?
SCOTT MESCUDI: Because I didn't think she was still dealing with him.
MS. JOHNSON: And you mentioned that you went to pick her up; is that right?
SCOTT MESCUDI: Yes.
MS. JOHNSON: Why did you go pick her up?
SCOTT MESCUDI: She wanted me to come pick her up. And she was also worried that he would come to my house because he asked for my address and she gave it to him.
MS. JOHNSON: When you picked her up, could you please describe for the jury Ms. Ventura's demeanor.
SCOTT MESCUDI: Very stressed, nervous, just scared, didn't know what Sean Combs would do.
MS. JOHNSON: Prior to the phone call you received that you just testified about, had you and Ms. Ventura previously discussed the nature of her relationship with Mr. Combs?
SCOTT MESCUDI: Yeah, about, like, if they were still hanging out or if she had seen him or just meaning in general?
MS. JOHNSON: Let me be a little more specific. What, if anything, had Ms. Ventura previously told you about Mr. Combs being physical with her?
SCOTT MESCUDI: That he was abusive --
MR. STEEL: Same objection, your Honor.
THE COURT: It's sustained.
MS. JOHNSON: Mr. Mescudi, after you picked up Ms. Ventura, where did you go?
SCOTT MESCUDI: I took her to the Sunset Marquis.
MS. JOHNSON: What's the Sunset Marquis?
SCOTT MESCUDI: It's a hotel in Los Angeles.
MS. JOHNSON: Why did you go to the Sunset Marquis after you picked up Ms. Ventura?
SCOTT MESCUDI: I used to frequent the Sunset Marquis and I just thought it was safe and just wanted to put her somewhere where she was off the radar.
MS. JOHNSON: When you say safe, what do you mean by that?
SCOTT MESCUDI: Just safe, away from him.
MS. JOHNSON: When you and Ms. Ventura were at the Sunset Marquis, who else, if anyone, did you speak to while you were at the hotel?
SCOTT MESCUDI: Capricorn.
MS. JOHNSON: So before we talk about the substance of that communication, I have a couple of questions.
SCOTT MESCUDI: Okay.
MS. JOHNSON: Had you spoken to Capricorn before this morning?
SCOTT MESCUDI: Yes.
MS. JOHNSON: How often had you spoken to Capricorn on previous occasions?
SCOTT MESCUDI: Quite often. She hung out with me and Cassie a lot.
MS. JOHNSON: On the morning when you were at the Sunset Marquis, how did you speak to Capricorn?
SCOTT MESCUDI: On speakerphone.
MS. JOHNSON: Who else was present, if anyone?
SCOTT MESCUDI: Cassie.
MS. JOHNSON: And can you describe how Capricorn's voice sounded on the phone call that you and Ms. Ventura had with her at the Sunset Marquis?
SCOTT MESCUDI: She was very scared, sounded like she was on the verge of tears.
MS. JOHNSON: What, if anything, did Capricorn say to you and Ms. Ventura on that phone call about what was happening at that moment for her?
MR. STEEL: Objection, your Honor.
THE COURT: That's overruled.
MS. JOHNSON: You can answer.
SCOTT MESCUDI: That Sean Combs and an affiliate were in my house, and she was in a car. She was forced to go along with them over there.
MS. JOHNSON: And what, if anything, did Ms. Capricorn say about where she was at that moment?
SCOTT MESCUDI: She was in a car outside of my house waiting for them.
MS. JOHNSON: And what, if anything, did Capricorn say about where Mr. Combs was at that moment?
MR. STEEL: Asked and answered. Sorry. Objection.
THE COURT: Overruled.
SCOTT MESCUDI: In my house.
MS. JOHNSON: After you spoke to Capricorn, what did you do next?
SCOTT MESCUDI: I got in my car and went to my house.
MS. JOHNSON: Did anyone go with you when you went to your house after that phone call?
MS. JOHNSON: Ms. Foster, can you please pull up for identification for the Court, the witness, and the parties only Government Exhibit 8C-102.
MS. JOHNSON: Mr. Mescudi, do you recognize what's depicted in this exhibit?
SCOTT MESCUDI: Yes.
MS. JOHNSON: What is it?
SCOTT MESCUDI: It's the front door of my old house.
MS. JOHNSON: And is this the house you drove to after receiving the phone call from Ms. Clark?
SCOTT MESCUDI: Yes.
MS. JOHNSON: The government offers Government Exhibit 8C-102.
MR. STEEL: No opposition. A. 8C-102 will be admitted.
(Government's Exhibit 8C-102 received in evidence)
MS. JOHNSON: Will you please publish to the jury, Ms. Foster.
MS. JOHNSON: Mr. Mescudi, what was the address where you were living at the time?
SCOTT MESCUDI: 8925 Hollywood Hills Road.
MS. JOHNSON: And you mentioned that this was the -- just so I'm clear, you mentioned that this door we see in the photograph, is this the front gate door or is this the door to the residence?
SCOTT MESCUDI: This is the front gate odor.
MS. JOHNSON: Is there an additional door to the residence?
SCOTT MESCUDI: Yes.
MS. JOHNSON: You can take that down now, Ms. Foster.
MS. JOHNSON: How would you describe the neighborhood that 8925 Hollywood Hills Road is located in?
SCOTT MESCUDI: Quiet, family oriented.
MS. JOHNSON: And approximately how long was the drive from the Sunset Marquis hotel to your home at 8925 Hollywood Hills Road?
SCOTT MESCUDI: Maybe like 12, 15 minutes.
MS. JOHNSON: And in December 2011, what kind of car did you drive?
SCOTT MESCUDI: A Porsche 911 cabriolet.
MS. JOHNSON: Was that the car you were driving that evening?
SCOTT MESCUDI: Yes.
MS. JOHNSON: While you were on that drive from the hotel to your home, what, if anything, did you do?
SCOTT MESCUDI: I called Sean Combs.
MS. JOHNSON: How did you have Sean Combs's phone number?
SCOTT MESCUDI: I just had it from years ago.
MS. JOHNSON: Did Mr. Combs pick up your call?
SCOTT MESCUDI: Yes.
MS. JOHNSON: Can you describe the conversation that you had with Mr. Combs on the drive to your home?
SCOTT MESCUDI: Yeah. I'm going to be very candid. I said, motherfucker, you in my house? And he was like, what's up? I was like, motherfucker, are you in my house? And he said, I just want to talk to you. I was like, I'm on my way over right now. He was like, I'm here.
MS. JOHNSON: I'm sorry. I didn't hear that last bit. After you said I want to talk to you, what did Mr. Combs respond with?
SCOTT MESCUDI: No. He said he wants to talk to me.
MS. JOHNSON: Oh, I'm sorry.
SCOTT MESCUDI: Yeah. And I said, I'm on my way over to my house right now. And he's like, I'm over here waiting for you.
MS. JOHNSON: When Mr. Combs said, I'm over here waiting for you, what was your understanding of where Mr. Combs was located?
SCOTT MESCUDI: At my house.
MS. JOHNSON: What was Mr. Combs's tone of voice during that phone call?
SCOTT MESCUDI: Calm.
MS. JOHNSON: When you arrived at your house, focusing first on the outside of your house, what did the outside look like?
SCOTT MESCUDI: Pretty normal.
MS. JOHNSON: Were there any security cameras at your residence at that time?
SCOTT MESCUDI: Yes.
MS. JOHNSON: Were those security cameras working that evening?
SCOTT MESCUDI: They weren't. I thought they were working, but they weren't.
MS. JOHNSON: You find out later that they weren't working?
SCOTT MESCUDI: Yeah.
MS. JOHNSON: Where were the security cameras positioned on the exterior of your house?
SCOTT MESCUDI: To the side, like somebody moved it out the way.
MS. JOHNSON: When you say someone moved it out of the way, can you explain what you mean by that?
SCOTT MESCUDI: Like, the camera was angled down at the door originally, and it was moved to an opposite angle.
MS. JOHNSON: And when did you discover the camera had been moved to a different angle?
SCOTT MESCUDI: Once I got to the house.
MS. JOHNSON: And was the camera at a different angle earlier before the break-in?
SCOTT MESCUDI: Yes.
MS. JOHNSON: Had you moved the security cameras at all?
MS. JOHNSON: I want to focus now on the inside of your home. When you went inside, was anyone inside of your home?
MS. JOHNSON: What did you see inside your home?
SCOTT MESCUDI: Some gifts that I bought for my family were opened, some stuff I got from Chanel, and then my dog was locked up in my bathroom.
MS. JOHNSON: So taking those one at a time. Where were the gifts that were opened?
SCOTT MESCUDI: On the kitchen counter.
MS. JOHNSON: What type of gifts were those?
SCOTT MESCUDI: I can't remember exactly what specifically, but it was stuff from Chanel.
MS. JOHNSON: And you mentioned that your dog was locked up in the bathroom; is that right?
SCOTT MESCUDI: Yes.
MS. JOHNSON: How did you typically allow your dog to stay in your home when you weren't present?
SCOTT MESCUDI: I just let him roam.
MS. JOHNSON: Had you shut the door to the bathroom before you left?
MS. JOHNSON: Before the break-in, how long had you had your dog?
SCOTT MESCUDI: I think by this time maybe three years.
MS. JOHNSON: And I want to focus on the immediate aftermath of the break-in, right after. What, if any, changes in behavior did you notice in your dog after the break-in?
SCOTT MESCUDI: Very jittery and kind of on edge all the time.
MS. JOHNSON: I want to focus on what you did next. After you got to your home, what did you do after that?
SCOTT MESCUDI: I got in the car, and that's when I called Sean Combs.
MS. JOHNSON: So you got back in your car after you went to your home?
SCOTT MESCUDI: Yeah.
MS. JOHNSON: Were you still alone in your car?
SCOTT MESCUDI: Yeah.
MS. JOHNSON: And you mentioned you called Mr. Combs again?
SCOTT MESCUDI: Yeah.
MS. JOHNSON: Why did you call Mr. Combs again?
SCOTT MESCUDI: Because I was looking for him.
MS. JOHNSON: Why were you looking for him?
SCOTT MESCUDI: Because I wanted to confront him, I wanted to fight him, you know.
MS. JOHNSON: Did you call Mr. Combs?
SCOTT MESCUDI: Yeah.
MS. JOHNSON: Did he answer?
SCOTT MESCUDI: Yes.
MS. JOHNSON: Can you describe that conversation for the jury?
SCOTT MESCUDI: I can't remember my exact words, but I was kind of like asking him where he was. And he was, I'm on my way, I'm on my way. So at that point I hung up and I thought to myself, I was like, okay, you're angry.
MR. STEEL: Objection.
THE COURT: Grounds.
MR. STEEL: Nonresponsive.
THE COURT: That's overruled. A. Okay. You're angry, just think about this, you know, like -- and I just thought, like, I don't know who he has with him, I don't know what his intentions are.
MR. STEEL: Objection.
(Continued on next page)
THE COURT: Why don't we get a fresh question.
MS. JOHNSON: That's fine.
MS. JOHNSON: Mr. Mescudi, what did you do after that phone call with Sean Combs?
SCOTT MESCUDI: I thought about, you know, the reality of the situation, not knowing what I was walking myself into, so I decided to call the police.
MS. JOHNSON: Can you describe Mr. Combs' tone of voice when you spoke to him on the phone while you were in your car?
SCOTT MESCUDI: Calm.
MS. JOHNSON: Where did you go after you called the police?
SCOTT MESCUDI: I went back to my house.
MS. JOHNSON: When you returned home, was anyone there?
SCOTT MESCUDI: Yes.
MS. JOHNSON: Who was there?
SCOTT MESCUDI: The police.
MS. JOHNSON: Did you speak to the police?
SCOTT MESCUDI: Yes.
MS. JOHNSON: Did you make a report about the break-in?
SCOTT MESCUDI: Yes.
MS. JOHNSON: Did you see Ms. Ventura later that day?
SCOTT MESCUDI: Yes.
MS. JOHNSON: What was her demeanor like when you saw her later?
SCOTT MESCUDI: Stressed.
MS. JOHNSON: You mentioned this was in December 2011, is that right?
SCOTT MESCUDI: Yes.
MS. JOHNSON: Where did you spend the Christmas holiday in December 2011?
SCOTT MESCUDI: With Cassie's family in Connecticut.
MS. JOHNSON: Where did you stay in Connecticut when you were there for the holidays?
SCOTT MESCUDI: At her family's house.
MS. JOHNSON: Can you generally describe Ms. Ventura's demeanor when you were in Connecticut for the holidays with her family?
SCOTT MESCUDI: I think being around her family really did a lot for her at that time. She really needed it.
MS. JOHNSON: While you were away in Connecticut, did you have any additional communications with Mr. Combs?
SCOTT MESCUDI: Yes. He had hit me a couple of times.
MS. JOHNSON: When you say he hit you, what do you mean by that?
SCOTT MESCUDI: He text me.
MS. JOHNSON: Did he text you -- you said a couple of times. How frequently did Mr. Combs text you?
SCOTT MESCUDI: It wasn't every day. It kind of stopped at some point when I responded to him and told him I didn't want to talk. His text messages were always along the lines of him wanting to speak, just get to the bottom of it.
MS. JOHNSON: When you say get to the bottom of it, what are you talking about?
SCOTT MESCUDI: Just figure out what's going on, I guess. He was in the dark about things and wanted to talk. But at that point, you know, post break-in, I didn't want to talk to him.
MS. JOHNSON: Did you respond to Mr. Combs' texts?
SCOTT MESCUDI: Yeah. I told him, you know, specifically told him you broke into my house. You messed with my dog. Like I don't want to talk to you.
MS. JOHNSON: When did you leave Connecticut?
SCOTT MESCUDI: A little bit before New Year's.
MS. JOHNSON: By January of 2012, after New Year's, what was the status of your relationship with Ms. Ventura?
SCOTT MESCUDI: We weren't really hanging out.
MS. JOHNSON: Why was that?
SCOTT MESCUDI: I guess --
MR. STEEL: Objection.
THE COURT: Can you rephrase the question.
MS. JOHNSON: Sure.
MS. JOHNSON: You said you weren't really hanging out with Ms. Ventura?
MS. JOHNSON: Did the relationship end?
SCOTT MESCUDI: Yeah.
MS. JOHNSON: Directing your attention to January of 2012, did there come a time when you learned that your car had caught fire?
SCOTT MESCUDI: Yes.
MS. JOHNSON: How did you learn that your car had caught fire?
SCOTT MESCUDI: My dog's babysitter called me in the morning.
MS. JOHNSON: Approximately what time did you receive that phone call?
SCOTT MESCUDI: 6:30, 7 a.m.
MS. JOHNSON: What was your understanding of where your dog's babysitter was located when she called you?
SCOTT MESCUDI: At my house.
MS. JOHNSON: Was it your understanding that your dog's babysitter was telling you what was happening in real time?
SCOTT MESCUDI: Yes.
MS. JOHNSON: And what did your dog's babysitter say to you about what she saw?
SCOTT MESCUDI: She told me my car was on fire.
MS. JOHNSON: Was anyone else present at your house at that time?
MS. JOHNSON: Where were you?
SCOTT MESCUDI: I was at my exgirlfriend's sister's house.
MS. JOHNSON: Approximately how far away from your house were you?
SCOTT MESCUDI: Like 45 minutes, or something like that.
MS. JOHNSON: Where was your car at the time your babysitter called?
SCOTT MESCUDI: In the driveway.
MS. JOHNSON: Was it in the driveway of the same home at 8925 Hollywood Hills Road?
SCOTT MESCUDI: Yes.
MS. JOHNSON: After you received this phone call from your dog's babysitter, what did you do?
SCOTT MESCUDI: I immediately went to my house.
MS. JOHNSON: Ms. Foster, can we please pull up for identification for the Court, the witness, and the parties Government Exhibits 3F-101 and 3F-102.
MS. JOHNSON: I am going to show you six total pictures, Mr. Mescudi.
SCOTT MESCUDI: Um-hum.
MS. JOHNSON: Do you recognize what's depicted in those pictures?
SCOTT MESCUDI: Yeah.
MS. JOHNSON: What is it?
SCOTT MESCUDI: My Porsche.
MS. JOHNSON: Ms. Foster, can you please pull up Government Exhibits 3F-103 and 3F-104.
MS. JOHNSON: Do you recognize what's depicted in these photos, Mr. Mescudi?
SCOTT MESCUDI: Yes.
MS. JOHNSON: What is it?
SCOTT MESCUDI: The damage from a Molotov cocktail in my Porsche.
MS. JOHNSON: Is this your car?
SCOTT MESCUDI: Huh?
MS. JOHNSON: This is your car?
SCOTT MESCUDI: Yes.
MS. JOHNSON: Ms. Foster, can you now please pull up for identification Government Exhibits 3F-105 and 3F-108.
MS. JOHNSON: Mr. Mescudi, do you recognize what's depicted in those photographs?
SCOTT MESCUDI: Yes.
MS. JOHNSON: Is that your car?
SCOTT MESCUDI: Yes.
MS. JOHNSON: The government offers Government Exhibits 3F-101, 102, 103, 104, 105, 108.
MR. STEEL: No opposition, your Honor.
THE COURT: Those exhibits will be admitted.
(Government Exhibits 3F-101, 3F-102, 3F-103, 3F-104, 3F-105, 3F-108 received in evidence)
MS. JOHNSON: Can you publish those exhibits to the jury.
MS. JOHNSON: Mr. Mescudi, when did you receive these photos?
SCOTT MESCUDI: While I was on my way to my house.
MS. JOHNSON: Who sent these photos to you?
SCOTT MESCUDI: My friend Chip.
MS. JOHNSON: Who is Chip?
SCOTT MESCUDI: He's a good friend and collaborator.
MS. JOHNSON: Why did Chip send you photographs of your car?
SCOTT MESCUDI: He was closer to my house, and I wanted to see the damage that had been done.
MS. JOHNSON: Did you ask Chip to go take photos for you?
SCOTT MESCUDI: Yes.
MS. JOHNSON: So I want to focus on these two photographs.
First on the one on the left, can you describe what's depicted in the photograph on the left.
SCOTT MESCUDI: It looks like the top of my Porsche was cut open and that's where they inserted the Molotov cocktail.
MS. JOHNSON: And the photograph on the right, from what angle is that photograph taken?
SCOTT MESCUDI: It looks like that's from the passenger's side looking up at the roof.
MS. JOHNSON: On the right-hand side of that photograph what is the hole -- is that the same hole in the roof you can see on the photograph on the left, 3F-101?
SCOTT MESCUDI: Yes.
MS. JOHNSON: Can you take these down, Ms. Foster, and pull up 3F-103 and 3F-105 side by side.
MS. JOHNSON: Mr. Mescudi, starting with the one on the left, can you please describe what we are seeing in Government Exhibit 3F-103.
SCOTT MESCUDI: That's the door to the driver's side, smoke damage.
MS. JOHNSON: Then what is depicted in the photograph on the right?
SCOTT MESCUDI: That's the hole in my roof.
MS. JOHNSON: Can you take those down, Ms. Foster, and pull up Government Exhibit 3F-104 and 3F-108.
MS. JOHNSON: What's depicted in these two images?
SCOTT MESCUDI: The damage to the driver's side.
MS. JOHNSON: You mentioned a Molotov cocktail earlier.
SCOTT MESCUDI: Yeah.
MS. JOHNSON: What's a Molotov cocktail, to your understanding?
SCOTT MESCUDI: It's -- would you say explosive, or something like that. I guess it's a bottle with some type of like inflammatory liquid inside and a cloth that you light on fire and it ignites.
MS. JOHNSON: Did you eventually get to your home on the day of the car fire?
SCOTT MESCUDI: Yeah.
MS. JOHNSON: What did you see when you arrived home?
SCOTT MESCUDI: Just the damage. I saw the Molotov cocktail -- yeah.
MS. JOHNSON: Are these photographs that we just looked at similar to what you saw when you arrived home?
SCOTT MESCUDI: Yeah.
MS. JOHNSON: When you say, I saw the Molotov cocktail, what did you see?
SCOTT MESCUDI: The bottle and it was kind of just burnt up.
MS. JOHNSON: Was any law enforcement present when you arrived here to your home?
SCOTT MESCUDI: Yes.
MS. JOHNSON: Did you speak to law enforcement that day?
SCOTT MESCUDI: Yes.
MS. JOHNSON: Did you make a report?
SCOTT MESCUDI: Yes.
MS. JOHNSON: With respect to your car, was your car able to be repaired after the fire?
MS. JOHNSON: And when you said that you saw the bottle for the Molotov cocktail when you returned home, where was that bottle?
SCOTT MESCUDI: On the ground.
MS. JOHNSON: Was it on the ground inside or outside of your vehicle?
SCOTT MESCUDI: Outside of the vehicle.
MS. JOHNSON: Was it near the vehicle?
SCOTT MESCUDI: Huh?
MS. JOHNSON: Where was it in relation to the vehicle?
SCOTT MESCUDI: It was near the vehicle.
MS. JOHNSON: What was your understanding of where the Molotov cocktail was found by law enforcement?
SCOTT MESCUDI: In the driver's seat.
MS. JOHNSON: I think you mentioned this, but was your car able to be repaired?
MS. JOHNSON: What was your reaction to your car being set on fire?
SCOTT MESCUDI: What the fuck.
MR. STEEL: Objection.
THE COURT: That's overruled.
Ms. Johnson, we are going to take like a five-minute break whenever you are ready in the next couple of minutes, when you find a good landing place.
MS. JOHNSON: I'm about to move on to a different topic, so I think this may be a good landing place.
THE COURT: Very good.
Members of the jury, we are going to take a short recess, and we will be back in 10 minutes, so around 11:22 or thereabouts.
All rise.
(Jury not present)
THE COURT: Mr. Mescudi, we will be back in 10 minutes.
Everyone, we will be back in 10.
(Recess)
THE COURT: Let's come back.
Ms. Comey, are we still on pace, based on what we had discussed yesterday, in terms of the witnesses for today?
MS. COMEY: We will definitely get through all of the witnesses today. When is a little up in the air. Mr. Kaplan's cross was about three times as long as we had expected. But other than that, we will get through all of the witnesses today, your Honor.
THE COURT: That's fine. I am trying to make use of the time.
Let's get Mr. Mescudi back.
Please be seated unless you're choosing to stand.
Welcome back.
SCOTT MESCUDI: Thank you.
(Jury present)
THE COURT: Ms. Johnson, you may proceed when ready.
MS. JOHNSON: Thank you, your Honor.
BY MS. JOHNSON:
MS. JOHNSON: Mr. Mescudi, before we took the break we were talking about the day your car was set on fire. Do you remember that?
SCOTT MESCUDI: Yes.
MS. JOHNSON: Just two additional questions about that day.
MS. JOHNSON: Ms. Foster, could you please pull up what's in evidence as Government Exhibit 3F-105.
MS. JOHNSON: Mr. Mescudi, was the damage depicted in Government Exhibit 3F-105 present on your vehicle before you got the call from the dog sitter you described earlier?
SCOTT MESCUDI: I'm sorry. Can you repeat that.
MS. JOHNSON: I'll strike that question.
MS. JOHNSON: The last time you saw your car prior to the phone call you got from the dog sitter, did your car look like this?
MS. JOHNSON: What was your understanding of whether this was accidental or intentional?
SCOTT MESCUDI: It was intentional.
MS. JOHNSON: Ms. Foster, can you please pull up Government Exhibit 3F-103.
MS. JOHNSON: Mr. Mescudi, did the door of your car look like this before you got the call from your dog sitter that there was a fire in your car?
MS. JOHNSON: Was it your understanding that this damage was accidental or intentional?
SCOTT MESCUDI: Intentional.
MS. JOHNSON: You can take that down now, Ms. Foster.
MS. JOHNSON: When was the last time you saw Ms. Ventura?
SCOTT MESCUDI: 2012.
MS. JOHNSON: Where did you see her?
SCOTT MESCUDI: At the Soho House.
MS. JOHNSON: When did you see Ms. Ventura at the Soho House relative to the day your car was on fire?
SCOTT MESCUDI: Couple of days later.
MS. JOHNSON: Why were you at the Soho House?
SCOTT MESCUDI: I reached out to Sean Combs after my car had caught fire and, you know, finally told him that we needed to meet up to talk, you know. He had been wanting to talk to me. So after the fire I was like, this is getting out of hand. I need to talk to him.
MS. JOHNSON: Why was it Mr. Combs you reached out to after the fire?
SCOTT MESCUDI: Because I knew he had something to do with it.
MR. STEEL: Your Honor, can we have a sidebar?
THE COURT: Is there an objection?
MR. STEEL: Objection.
THE COURT: Objection is sustained. The jury should disregard the witness' last answer.
Ms. Johnson, you may ask your next question.
MS. JOHNSON: Mr. Mescudi, who, if anyone, helped arrange the meeting at the Soho House?
SCOTT MESCUDI: This man named D-Roc and my manager, Dennis Cummings.
MS. JOHNSON: Who is D-Roc, if you know?
SCOTT MESCUDI: I don't know exactly what he does for Mr. Combs, but I guess he was like security or somebody.
MS. JOHNSON: Do you have an understanding that he worked for Mr. Combs?
SCOTT MESCUDI: Yes.
MS. JOHNSON: Where at Soho House was the meeting held?
SCOTT MESCUDI: It was held -- the rooms are not there anymore, but they used to have like meeting rooms on the first floor.
MS. JOHNSON: In which city was the meeting held?
SCOTT MESCUDI: Hollywood.
MS. JOHNSON: In Los Angeles?
SCOTT MESCUDI: Yeah.
MS. JOHNSON: Can you describe what happened when you arrived at the Soho House.
SCOTT MESCUDI: Yeah. I walked in and I met D-Roc. He was escorting me into the room. And then I got to the room. It was -- one wall was all window and Sean Combs was standing there staring out the window with his hands behind his back like a Marvel super villain. Yeah. It was just me and him in the room. No security, nobody.
MS. JOHNSON: Was Ms. Ventura present when you initially arrived at the meeting?
MS. JOHNSON: What happened when it was just you and Mr. Combs in the room at the Soho House?
SCOTT MESCUDI: We discussed, you know, pretty much the whole story about how me and Cassie first started to date to what it was to how it ended. And his whole point was, you know, we were homies, you know, that was my girl. I let him know that, you know, she told me they were broken up, and I took her word for it. Yeah.
MS. JOHNSON: What was Mr. Combs' demeanor during this meeting?
SCOTT MESCUDI: Very calm. He kept offering me water. He offered me water twice.
MS. JOHNSON: What was your reaction to his demeanor?
SCOTT MESCUDI: It was very off-putting. It was weird that he was so calm.
MS. JOHNSON: You mentioned that Ms. Ventura wasn't present when you first arrived?
MS. JOHNSON: Did that change?
SCOTT MESCUDI: Yes. She eventually came.
MS. JOHNSON: And how did you react when Ms. Ventura arrived?
SCOTT MESCUDI: I was upset to find out that she had kind of went back to him.
MS. JOHNSON: What did Ms. Ventura do when she arrived?
SCOTT MESCUDI: She pretty much kind of explained that we fell in love and things just happened and you know.
MS. JOHNSON: I believe you testified to this earlier, but how soon was the meeting at the Soho House in relation to the day your car was on fire?
SCOTT MESCUDI: I think it was like the next day.
MS. JOHNSON: At that same time did you have conflicts with anyone else?
MS. JOHNSON: Can you describe how the meeting with Mr. Combs ended at the Soho House.
SCOTT MESCUDI: Yeah. We stood up, shook hands, and as I was shaking his hand I said, what are we going to do about my car? I made sure to ask him right when our hands were clasped together, where he couldn't run away and I could look at him square in his eyes, and he looked right back at me, very cold stare, and said: I don't know what you're talking about. I said: OK. I took my hand from his. And he said: Wait. I thought we were cool. Is there a problem? I was like: You said you didn't burn my car, right? You said that's your word. He said: Yeah. I was like: That's it.
MS. JOHNSON: When Mr. Combs looked at you and said, I don't know what you are talking about when you asked about your car, what was his tone of voice?
SCOTT MESCUDI: Very calm.
MS. JOHNSON: After this meeting were there any other break-ins at your home?
MS. JOHNSON: And after this meeting was your car ever set on fire again?
MS. JOHNSON: Have you seen Mr. Combs since that Soho House meeting?
SCOTT MESCUDI: Yes.
MS. JOHNSON: Approximately when did you next see Mr. Combs?
SCOTT MESCUDI: Couple of years later at the Soho House again.
MS. JOHNSON: Can you describe what happened when you saw him at the Soho House a few years later?
SCOTT MESCUDI: Yeah. He was with his daughter, and he pulled me to the side and basically apologized for everything. He said, and I quote: Man, I just want to apologize for everything and all that bullshit.
MS. JOHNSON: Between the break-in and the car fire and Mr. Combs' apology a few years later, did you have any other conflicts with Mr. Combs in that interim time period?
SCOTT MESCUDI: No. After I got the apology, I kind of found peace with it because I thought, you know, that was the last thing I was expecting to get from him.
MS. JOHNSON: Your Honor, may I have one moment?
THE COURT: You may.
MS. JOHNSON: No further questions at this time.
THE COURT: Thank you, Ms. Johnson.
Mr. Steel.
CROSS-EXAMINATION BY MR. STEEL:
MR. STEEL: I want to ask you some questions about your Porsche. OK?
SCOTT MESCUDI: Yes.
MR. STEEL: So if you remember, it's January 9 of 2022. Does that sound right?
SCOTT MESCUDI: 2012?
MR. STEEL: What did I say?
SCOTT MESCUDI: You said 2022.
MR. STEEL: I apologize. 2012.
SCOTT MESCUDI: Yeah, yeah.
MR. STEEL: Sound right?
SCOTT MESCUDI: Yes.
MR. STEEL: And you are with your former girlfriend the night before at her sister's house, fair to say?
SCOTT MESCUDI: Yes.
MR. STEEL: And you get a phone call alerting you that there has been serious damage to your vehicle?
SCOTT MESCUDI: Yes.
MR. STEEL: And are there any surveillance photographs at that time?
MR. STEEL: And law enforcement was called, correct?
SCOTT MESCUDI: Yes.
MR. STEEL: Fire department also came. Do you remember that?
SCOTT MESCUDI: Yes. My dog's babysitter did send me some pictures of the damage.
MR. STEEL: You know that fingerprints were taken, true?
SCOTT MESCUDI: Yes.
MR. STEEL: And you understood what fingerprints were in 2012, right?
SCOTT MESCUDI: Yes.
MR. STEEL: You knew that DNA was collected, true?
SCOTT MESCUDI: Yes.
MR. STEEL: You know that DNA comes back to a female, right?
SCOTT MESCUDI: You said what now?
MR. STEEL: The DNA comes back to a female.
MS. JOHNSON: Objection.
THE COURT: Grounds.
MS. JOHNSON: Hearsay, speculation, foundation.
THE COURT: Mr. Steel, maybe you can ask some more questions.
MR. STEEL: Sure.
MR. STEEL: Are you aware that DNA was collected from your vehicle?
SCOTT MESCUDI: Yes.
MR. STEEL: And you kept in touch as much as you could about this incident, fair to say?
SCOTT MESCUDI: Yes. I reached out to the police department a couple of times.
MR. STEEL: And were you aware that the results came back from the DNA that it came to a female? That's my question.
MS. JOHNSON: Same objection.
THE COURT: Sustained.
MR. STEEL: Do you know that there were results from the DNA?
MS. JOHNSON: Objection.
THE COURT: That's overruled.
SCOTT MESCUDI: I tried to reach out to the police. I didn't hear any follow-up about any of the fingerprints or anything.
MR. STEEL: No eyewitness that puts Sean Combs near or around your property on or about January 9, 2012, fair to say?
SCOTT MESCUDI: Yeah.
MR. STEEL: And no eyewitness or other evidence that anybody affiliated with Mr. Sean Combs was on or around your property on January 9, 2012, is that true?
MS. JOHNSON: Objection.
THE COURT: Hold on for a second.
That's sustained.
MR. STEEL: You don't have any information, do you, you personally, that anybody affiliated with Mr. Combs was on or around your property at the time of the damage to your vehicle, is that true?
MR. STEEL: So it's January 9 of 2012, but before that date, if you can just lock in, before that date, your relationship with Ms. Ventura has ended, fair to say?
SCOTT MESCUDI: Yes.
MR. STEEL: And you knew it ended because she told you it ended, fair to say?
SCOTT MESCUDI: I don't know if she told me it ended. We just stopped talking.
MR. STEEL: And you and Ms. Ventura had been talking every day for about a year, is that true?
SCOTT MESCUDI: For the most part.
MR. STEEL: And when I say every day, I'm not saying it has to be just on the phone. It could be in person, text, but you were in close communication with her, right?
SCOTT MESCUDI: Yes.
MR. STEEL: And that's why it was surprising to you, or I think your word today before this honorable Court and the jury, you were very confused to hear that she was dating Sean Combs while dating you, right?
SCOTT MESCUDI: Yes.
MR. STEEL: Ms. Ventura was not frank with you, true?
SCOTT MESCUDI: True.
MR. STEEL: She played you. That was your words, right?
SCOTT MESCUDI: Yes.
MR. STEEL: When she played you she was convincing about that, right? You had no clue?
SCOTT MESCUDI: No clue.
MR. STEEL: You were with her a lot, right?
SCOTT MESCUDI: Um-hum.
MR. STEEL: True?
SCOTT MESCUDI: Yes.
MR. STEEL: Now, you are a very accomplished artist. I know you're modest. But that's an objectively factual statement. Fair to say?
SCOTT MESCUDI: Yes.
MR. STEEL: I'm not trying to embarrass you.
SCOTT MESCUDI: Yeah.
MR. STEEL: And you have done incredible things with your career, fair to say?
SCOTT MESCUDI: Yes.
MR. STEEL: And you have a following that is so close, to this day, of fans, true?
SCOTT MESCUDI: Yes.
MR. STEEL: And in 2011, so I am going back to the year we are talking about -- I know we are also talking about 2012, but it goes into 2011, 2012. You did a nationwide, actually international, Canada too, tour. Do you remember that?
SCOTT MESCUDI: Yeah. I think I did. Yeah.
MR. STEEL: Called, I believe -- and you tell me. If I'm wrong, you got to tell the jurors -- Cud Life tour. You remember that?
SCOTT MESCUDI: Yes.
MR. STEEL: You were doing approximately, I'm not saying it's a hundred percent, approximately, if you remember, a concert in a different city than Los Angeles every week. You had 65 different places that you visited. Does that sound right?
SCOTT MESCUDI: I don't know if it was 65, but yeah.
MR. STEEL: You were the act. You were the lead. It wasn't like you just hooked on to somebody else, a bigger artist, true?
SCOTT MESCUDI: True.
MR. STEEL: And you were playing at large venues, right?
SCOTT MESCUDI: Yes.
MR. STEEL: And in 2011, you also knew -- you had previously known of Mr. Sean Combs, right?
SCOTT MESCUDI: Yes.
MR. STEEL: And you describe, in your words, if you don't mind, but he was an icon at that time. Is that fair to say?
SCOTT MESCUDI: Yeah.
MR. STEEL: He transcended different types of businesses and art, is that true?
SCOTT MESCUDI: Yeah.
MR. STEEL: He was in fashion, right?
SCOTT MESCUDI: Yes.
MR. STEEL: Music?
SCOTT MESCUDI: Yes.
MR. STEEL: Not only performed, but he produced, right?
SCOTT MESCUDI: Right.
MR. STEEL: He made other people tremendously popular, or tried, right?
SCOTT MESCUDI: Right.
MS. JOHNSON: Objection.
THE COURT: Overruled. A. Right.
MR. STEEL: And he was in other types of business, including liquor and other international ventures. You knew all this, right?
SCOTT MESCUDI: Somewhat. I didn't know all his business dealings.
MR. STEEL: When Sean Combs was with you at one event after one of your concerts in 2011, he actually asked you if you would do him a favor and do a song with Ms. Ventura. Is that true? Do you remember that?
SCOTT MESCUDI: Vaguely, yeah.
MR. STEEL: You graciously agreed, right?
SCOTT MESCUDI: Right.
MR. STEEL: You were in a studio doing your art with Ms. Ventura. Is that true?
SCOTT MESCUDI: Yes.
MR. STEEL: And that's how you guys really became close, right?
SCOTT MESCUDI: We were cool before.
MR. STEEL: And this didn't hurt your relationship, right? It was nice. You enjoyed the time with her, true?
SCOTT MESCUDI: Yeah. It was truly just friends at that time.
MR. STEEL: Mr. Combs wasn't around you and Ms. Ventura when you were with her, right?
MR. STEEL: And she wasn't getting all these text messages from him, to your knowledge, when you were with her, right?
SCOTT MESCUDI: Not to my knowledge.
MR. STEEL: You two were locked in. You two were focused on each other. You had a great relationship is my point. Is that true?
SCOTT MESCUDI: Yes.
MR. STEEL: And you did things like, you exercised together, right?
SCOTT MESCUDI: Exercised together?
MR. STEEL: Yeah. You went hiking.
SCOTT MESCUDI: No. I don't remember going hiking.
MR. STEEL: Watch movies?
SCOTT MESCUDI: We watched a movie or two.
MR. STEEL: Did music?
SCOTT MESCUDI: Yeah.
MR. STEEL: Drugs?
MS. JOHNSON: Your Honor, can we get a time period?
MR. STEEL: 2011.
THE COURT: Let's get a new question.
MR. STEEL: Yes.
MR. STEEL: Did drugs together?
SCOTT MESCUDI: When you say drugs, what do you mean, like weed?
MR. STEEL: Yeah.
SCOTT MESCUDI: We smoked some weed, yeah.
MS. JOHNSON: Objection. Sidebar.
THE COURT: Sustained. You can move on.
MS. JOHNSON: Objection. Can we have a sidebar?
THE COURT: You may.
(Continued on next page)
(At sidebar)
THE COURT: Let's move on. We don't need to cover this. What's going on?
MR. STEEL: I believe that it was discussed on direct, and I'm exploring their relationship.
THE COURT: What is there to explore? What's the relevance of the question?
MR. STEEL: That they were intimate.
MS. JOHNSON: Your Honor, this is a direct violation of Rule 412.
THE COURT: The first question definitely was. I sustained the objection.
What's the objection on the second question?
MS. JOHNSON: Same objection. I think intimate is also violating 412, especially given the sustained objection.
THE COURT: Let's move on. I think you can talk -- they were in a relationship, right. What other relevance to this does any of this line of questioning have? What does it matter?
MR. STEEL: All right. I note my objection.
THE COURT: I'm asking you a question. What is the answer?
MR. STEEL: I think it matters that there has been testimony from Ms. Ventura that she is being suffocated, these are my words, by Mr. Combs, and she is spending all her time doing unconsensual sex, yet she is having intimate relations with this gentleman and it's all calm and consensual. That's really where I'm going.
THE COURT: If that's the proffer of relevance, then the objection is sustained.
Let's move on to the next question.
(Continued on next page)
(In open court)
THE COURT: Mr. Steel, you may proceed.
SCOTT MESCUDI: Mr. Steel, I just want --
THE COURT: You can't say anything. Mr. Steel is going to ask you a question, and you can answer.
SCOTT MESCUDI: I just wanted to clarify something from earlier.
THE COURT: You are going to have a chance on redirect.
SCOTT MESCUDI: Cool.
MR. STEEL: Do you want to clarify something?
SCOTT MESCUDI: Yeah, yeah. I don't think the date was 2011 when Sean Combs asked me to do the song with Cassie. I think it was 2010.
MR. STEEL: Thank you.
SCOTT MESCUDI: Yeah, yeah.
MR. STEEL: Now, you really liked Ms. Ventura, is that fair to say?
SCOTT MESCUDI: Yeah.
MR. STEEL: She is smart, right?
SCOTT MESCUDI: Yup.
MR. STEEL: She is talented?
SCOTT MESCUDI: Yes.
MR. STEEL: And she was fun to be with, true?
SCOTT MESCUDI: Yes.
MR. STEEL: Outgoing?
SCOTT MESCUDI: Yeah.
MR. STEEL: Strong personality?
SCOTT MESCUDI: Yeah.
MR. STEEL: And she is interesting to be with, fair?
SCOTT MESCUDI: Yeah.
MR. STEEL: And she told you, did she not, that for the last four years, so I am going back, 2011, four years before that, she really wasn't with Mr. Combs. It was off again, on again, something to that effect. Is that true?
SCOTT MESCUDI: I don't know if that was the exact conversation we had. The first time she talked to me about her relationship with him was around Thanksgiving 2010, and that's when she was telling me she was having problems.
MR. STEEL: Do you remember meeting with the prosecutor here, as well as other people, including the agents, about this case?
SCOTT MESCUDI: Yes.
MR. STEEL: Do you remember telling them that you believe from Ms. Ventura that for the past four years before 2011 she and Mr. Combs were in constant off again on again? Do you remember that?
SCOTT MESCUDI: No, I don't remember that.
MR. STEEL: There may be a book that might help us in front of you. It is to your left. If you see, on the bottom of the page --
SCOTT MESCUDI: Which page?
MR. STEEL: If you look at the second -- you might have a Post-it note at the very top of a couple of pages. The second Post-it note?
MR. STEEL: Your Honor, for the parties who don't have a book, it's 3512-004.
MR. STEEL: If you look at your second Post-it. You see at the very top?
SCOTT MESCUDI: The second Post-it note is a police report.
MS. JOHNSON: Objection.
THE COURT: Hold on.
Mr. Steel, first of all, there are Post-it notes in this binder instead of the usual tabbed pages that we usually have. Do you have this so you can just show Mr. Mescudi the document on the screen?
MR. STEEL: Yes.
THE COURT: I myself am having trouble finding it.
MR. STEEL: It's 3512-004.
THE COURT: It should come up on your screen in a second.
MR. STEEL: Page 6, the middle of the page. It's the second full paragraphs, three lines up. It's going to be highlighted for you.
THE COURT: Just take a second, read it to yourself, and when you are ready, you are going to get another question.
MR. STEEL: You see where it's highlighted. You can read it all if you need to.
THE COURT: Take it down, Mr. Steel.
MR. STEEL: Sure.
MR. STEEL: Do you remember telling law enforcement that Ms. Ventura told you that the relationship with Mr. Combs --
MS. JOHNSON: Objection.
MR. STEEL: -- had been off again on again for four years?
SCOTT MESCUDI: Law enforcement?
THE COURT: Hold on. What's the grounds?
MS. JOHNSON: Reading from the document.
THE COURT: Are you just asking the same question you asked the last time?
MR. STEEL: Correct.
THE COURT: Overruled.
Mr. Steel, let's get a new question.
MR. STEEL: Do you remember telling that to law enforcement?
SCOTT MESCUDI: Yes.
MR. STEEL: In 2011, Ms. Ventura confided in you, true?
SCOTT MESCUDI: Yes.
MR. STEEL: And you confided in her?
SCOTT MESCUDI: Yeah.
MR. STEEL: You were even so close with her that for Christmas that year you flew across the country to Connecticut her, home state, is that fair to say?
SCOTT MESCUDI: Yes.
MR. STEEL: And you spent about three days Christmas with Ms. Ventura, true?
SCOTT MESCUDI: Yes.
MR. STEEL: Her mother and father.
SCOTT MESCUDI: And her brother.
MR. STEEL: And her brother.
And you did things with their family, true?
SCOTT MESCUDI: Yes.
MR. STEEL: And you had -- it was a great time?
SCOTT MESCUDI: Yeah.
MR. STEEL: And you felt very close with her?
SCOTT MESCUDI: Yes.
MR. STEEL: And this is after the trespass into your home, true?
SCOTT MESCUDI: Yes.
MR. STEEL: With regards to -- you said that you were hurt when the relationship ended with Ms. Ventura, true?
SCOTT MESCUDI: Yes.
MR. STEEL: Because you really cared for her and you knew your feelings for her and you felt that she felt the same about you, true?
SCOTT MESCUDI: Yes.
MR. STEEL: By the time of December 22 of 2011, that's when your house -- remember when you talked to the ladies and gentlemen of the jury?
SCOTT MESCUDI: Yes.
MR. STEEL: I want to talk to you about some of that, OK?
MR. STEEL: You believe that you left your front door open. When I say open, I mean unlocked. Is that fair to say?
SCOTT MESCUDI: Yes.
MR. STEEL: And there was no forced entry into the home, true?
MR. STEEL: Am I correct?
SCOTT MESCUDI: Yes.
MR. STEEL: And in the home there was no damage to the home? By damage I mean there was no chairs turned over, glass broken, holes in the wall, things like that. True?
MR. STEEL: The only thing -- I'm not belittling it, but the only things that were displayed differently is there were some Christmas presents that were unwrapped, right?
SCOTT MESCUDI: Yes.
MR. STEEL: And your dog was behind the door?
SCOTT MESCUDI: Right.
MR. STEEL: Locked in a bathroom, basically.
SCOTT MESCUDI: Yeah.
MR. STEEL: True?
SCOTT MESCUDI: True.
MR. STEEL: And no other disturbance there, right?
MR. STEEL: And you spoke with Mr. Combs or Sean that evening or that morning, right?
SCOTT MESCUDI: I don't know when. I can't remember.
MR. STEEL: Do you remember calling --
SCOTT MESCUDI: You're talking about after the break-in?
MR. STEEL: I'm saying when you went back to your house and you called him on his phone, you told the ladies and gentlemen of the jury --
SCOTT MESCUDI: Yeah, yeah, yeah.
MR. STEEL: And Mr. Combs, he was calm, right?
SCOTT MESCUDI: Yes.
MR. STEEL: He didn't curse at you, did he?
MR. STEEL: He didn't threaten you, right?
MR. STEEL: He just said, we need to talk, basically. Right?
SCOTT MESCUDI: Yeah.
MR. STEEL: And you were demanding from him, are you at my house? That's basically what you were saying.
SCOTT MESCUDI: Yeah.
MR. STEEL: Later, after you got home, you called Mr. Combs again because he's not at your house, right?
SCOTT MESCUDI: Right.
MR. STEEL: And he answers the phone, true?
SCOTT MESCUDI: Yes.
MR. STEEL: Again, he's calm, right?
SCOTT MESCUDI: Yes.
MR. STEEL: And he tells you, I'm coming to your house, something to that effect, right?
SCOTT MESCUDI: Yeah.
MR. STEEL: There is no mention of a firearm, right?
MR. STEEL: No one threatened you with a firearm, right?
MR. STEEL: You came to meet him, you had no belief that he had a firearm, no one -- Ms. Capricorn Clark didn't tell you that, right?
SCOTT MESCUDI: At that point I really didn't know. Maybe he would. I couldn't call it.
MR. STEEL: Let's do it this way. Ms. Capricorn Clark didn't tell you that, right?
SCOTT MESCUDI: You know, no, but I took it --
THE COURT: Hold on. Mr. Steel.
MR. STEEL: I guess what the judge is telling us, the answer to the question, you related a conversation with Ms. Capricorn Clark to the jury, right?
SCOTT MESCUDI: Yeah, yeah, yeah.
MR. STEEL: She didn't tell you he is armed with a firearm, right?
MR. STEEL: You are a strong person. Is that fair to say? That's how you categorize yourself?
SCOTT MESCUDI: Yeah.
MR. STEEL: You are a principled person, fair to say?
SCOTT MESCUDI: Yes.
MR. STEEL: And you went back to your home, you told the ladies and gentlemen of the jury, to fight Mr. Combs if he was there, right?
SCOTT MESCUDI: Yeah.
MR. STEEL: Because nobody has the right to wait for you in your home, whether damage was done or not. That was your position, right?
SCOTT MESCUDI: Yeah. If you want to talk, you can text me. We can talk. But this crossed the line.
MR. STEEL: And Ms. Ventura, when she told you and confided in you about her relations with Mr. Combs, she told you that there was physical abuse, right?
SCOTT MESCUDI: Yes.
MR. STEEL: And that bothered you because you were -- these are my words. If it is not true, just say it's not true -- you were in love with her, right?
SCOTT MESCUDI: Yeah.
MR. STEEL: And she never told you, as close as you were with her, that there was any type of sexual abuse. Is that true?
MR. STEEL: Am I correct?
SCOTT MESCUDI: Yes.
MR. STEEL: And she also told you, with all your dealings with her, texting every day or speaking every day or seeing her every day, whatever, the relationship is what I'm talking about, you never saw Mr. Combs do anything inappropriate to Ms. Ventura. Is that true?
MR. STEEL: Let me just ask it differently. Am I correct? Is that a correct statement?
SCOTT MESCUDI: Yes.
MR. STEEL: You never were interrupted by Mr. Combs, true?
MR. STEEL: You spent time with her freely, right?
SCOTT MESCUDI: Right.
MR. STEEL: And Ms. Ventura was free with you. She was care free, as far as you could tell, true?
SCOTT MESCUDI: Yeah.
MR. STEEL: Now, with regards to going back to the meeting at the -- I believe you said it's called the Soho House?
SCOTT MESCUDI: Yes.
MR. STEEL: And some of the jurors may not have been there before.
MR. STEEL: So have you been or do you remember being in that room? Can you describe that room that you talked about that you and Mr. Combs were in? Can you just paint for them what it really looks like?
SCOTT MESCUDI: Yeah. It's like a nice-sized big room, windows. One wall was all windows looking into Beverly Hills. And we were on like -- I don't know -- Soho House starts at like the seventh floor, or something like that, so we were high up.
MR. STEEL: Do you know -- some people may not know -- what is the Soho House? If you were going there, what would you be doing there, potentially?
SCOTT MESCUDI: It's like a members-only type restaurant slash, you know, meeting place. You can have business meetings there or get lunch, get dinner.
(Continued on next page)
BY MR. STEEL:
MR. STEEL: Now, Mr. Combs made it clear to you that he was also confused, true?
SCOTT MESCUDI: True.
MR. STEEL: Just like you, he's similarly situated, he did not, to your knowledge, know that you were dating Ms. Ventura, true?
SCOTT MESCUDI: Yes, true.
MR. STEEL: And he wants to understand how did this happen and you want to understand how did this happen, basically, right?
SCOTT MESCUDI: Yes.
MR. STEEL: And Ms. Ventura was living two different lives; is that true?
SCOTT MESCUDI: Yes.
MS. JOHNSON: Objection.
THE COURT: Overruled.
MR. STEEL: When you went in that room with Mr. Combs, no weapons, to your knowledge, true?
MR. STEEL: He definitely didn't threaten you, true?
MR. STEEL: In fact, he was gracious, I think your word was really calm?
SCOTT MESCUDI: Yeah.
MR. STEEL: And you were professional, as well, true?
SCOTT MESCUDI: Yes.
MR. STEEL: And it was an understanding, a meeting that this was about a girl, a relationship, and both of you guys were played, that's pretty much how it ended, true?
SCOTT MESCUDI: True.
MR. STEEL: And the person who played you is the same person who played Sean, it's Ms. Ventura, true?
SCOTT MESCUDI: True.
MR. STEEL: To your knowledge, we're approximately, if you don't mind, approximately 13 and a half years after January 9th, 2012 when your car was damaged, is that approximately true?
SCOTT MESCUDI: Yes.
MR. STEEL: To your knowledge, no one has been charged or arrested for the damage to your car; am I right?
MS. JOHNSON: Objection.
THE COURT: Sustained. The jury should disregard the witness's last answer.
Mr. Steel.
MR. STEEL: Have you ever gone back to court at any time or been notified to go to court as a victim about your car?
MS. JOHNSON: Objection.
MR. STEEL: Damage?
THE COURT: Do you need a sidebar? I'm not understanding the grounds. Do you want a brief sidebar?
MS. JOHNSON: Yes.
(At the sidebar)
MS. JOHNSON: Your Honor, that question is asking Mr. Mescudi to testify about a legal conclusion regarding any other cases related to his car. In fact, the arson in this case that relates to his car is charged as a predicate in this very indictment, hence he is here testifying.
THE COURT: Thank you. Now I understand.
MR. STEEL: Now I understand, too. I'll make it clear in the State of California.
MS. JOHNSON: I still don't think that's relevant. It should be excluded under confusion and 403 grounds.
THE COURT: I think what he's saying is that there was an investigation that you brought up on direct examination, law enforcement was on the scene. He's just trying to say that as a result of that investigation, there was no followup, he didn't go back, there wasn't any proceeding in California. That's all he's saying.
MS. JOHNSON: I don't know that Mr. Mescudi knows that and I think we need to limit the time period if that is in fact the question.
MR. STEEL: I will say, before this case or before 2024, is that --
MS. JOHNSON: It was 2012.
THE COURT: You said law enforcement was on the scene, did that law enforcement, did they figure out who had done this, something like that.
MS. JOHNSON: There's no foundation that he would know that.
MR. STEEL: He would know it under the victim rights bill. If somebody was arrested, he has to know that.
THE COURT: Well, he doesn't know any of that. Your point is he has not been contacted by law enforcement in California concerning what happened.
MR. STEEL: Exactly.
THE COURT: That's fine. All right. Do that.
(Continued on next page)
(In open court)
THE COURT: Mr. Steel.
MR. STEEL: In the 13 and a half years that has passed, in California, have you ever been notified that there's been any other action on this case in California?
SCOTT MESCUDI: Action on?
MR. STEEL: The car, the damage to the car.
MR. STEEL: Your Honor, may I have one moment?
THE COURT: You may.
MR. STEEL: Do you remember, back when you were with Ms. Ventura, did she have multiple phones, if you can remember?
SCOTT MESCUDI: I don't think I remembered that.
MR. STEEL: Do you remember telling that to law enforcement, that she had multiple phones?
SCOTT MESCUDI: I don't know. I can't remember.
MR. STEEL: Can I ask you to look at something in this honorable court, with this Court's permission, to see if it jogs your memory?
SCOTT MESCUDI: Yeah. If I said it, I guess I said it.
THE COURT: Let's go to the next question.
What are we looking at, Mr. Steel?
MR. STEEL: It's 3512.006, page 6 of 7, fourth paragraph, second line.
MR. STEEL: Would you do me a favor, read that to yourself when it's on your screen, it's the line above it, it's going to be highlighted for you, and tell me if that refreshes your memory.
SCOTT MESCUDI: Yeah, it does.
THE COURT: Take it down. Mr. Steel, next question.
MR. STEEL: Fair to say, with your memory refreshed, she had multiple phones?
SCOTT MESCUDI: Yeah.
MR. STEEL: Do you know what a burner phone is, do you know what I'm talking about?
SCOTT MESCUDI: Yeah.
MR. STEEL: Can you explain that to the jury?
SCOTT MESCUDI: I guess it's an untraceable phone.
MR. STEEL: With regards to the night of the trespass in your home, I think you called it a break-in, I guess more narrowed to trespass, but that's what I'm talking about, okay?
SCOTT MESCUDI: Right.
MR. STEEL: You received a phone call from Ms. Ventura explaining that she gave your home address to Combs. Do you remember that?
SCOTT MESCUDI: The morning of, not the evening.
MR. STEEL: About 5:00, 5:30 in the morning; fair to say?
SCOTT MESCUDI: Yes.
MR. STEEL: I'm just trying to coordinate you.
SCOTT MESCUDI: Yeah.
MR. STEEL: And that information about your address, according to what you were told, came from Ms. Ventura to Mr. Combs?
SCOTT MESCUDI: Yes.
MR. STEEL: Your Honor, I do not believe I have any other questions. I want to thank the Court. Thank you so much, sir.
SCOTT MESCUDI: Yeah, no problem.
THE COURT: Ms. Johnson.
MS. JOHNSON: Thank you, your Honor.
REDIRECT EXAMINATION BY MS. JOHNSON:
MS. JOHNSON: Mr. Mescudi, you were asked by Mr. Steel some questions on cross-examination about Ms. Ventura confiding in you. Do you remember those questions?
SCOTT MESCUDI: Yes.
MS. JOHNSON: And do you recall that Mr. Steel asked you about Ms. Ventura confiding in you about Mr. Combs being physically abusive to her?
SCOTT MESCUDI: Yes.
MS. JOHNSON: What did Ms. Ventura confide in you specifically about that abuse?
SCOTT MESCUDI: That he would hit her, sometimes kick her.
MS. JOHNSON: Do you also recall that Mr. Steel asked you some questions about whether Ms. Ventura was free when she was with you?
SCOTT MESCUDI: Yeah.
MS. JOHNSON: And he described her as carefree. Do you remember that line of questions?
SCOTT MESCUDI: Yes.
MS. JOHNSON: Directing your attention to the day of the break-in, the morning when Ms. Ventura called, would you describe her as carefree when she called you that morning?
MS. JOHNSON: Would you describe her as carefree throughout that day when you saw her?
MS. JOHNSON: You were also asked some questions about a conversation you had with Capricorn Clark. Do you remember those questions?
SCOTT MESCUDI: Yes.
MS. JOHNSON: Now, what exactly did Ms. Clark tell you about how she ended up at your house that morning?
SCOTT MESCUDI: She told me that Sean Combs and an affiliate came to her apartment and made her get in the car to come up to my house.
MS. JOHNSON: What else, if anything, did she say about how they made her get in the car?
SCOTT MESCUDI: They forced her physically.
MS. JOHNSON: What were your concerns, if any, about going to your house that day?
SCOTT MESCUDI: I didn't really know what I was walking into, but I was so angry at first. Then, once I thought about it, not really knowing if they had weapons or if there was any type of situation like that, that's when I called the police.
MS. JOHNSON: And did you know either way whether there were any weapons involved?
MS. JOHNSON: And when Ms. Ventura called you that morning, what was your understanding of what she was scared of?
SCOTT MESCUDI: Him finally knowing that we have been hanging out and that he had my address and he was probably going to come over to my house.
MS. JOHNSON: And who's the him that you were describing?
SCOTT MESCUDI: You said what now?
MS. JOHNSON: When you say him, who are you referring to?
SCOTT MESCUDI: Sean Combs.
MS. JOHNSON: And how would you describe Cassie that day of the break-in?
SCOTT MESCUDI: Just really shook.
MS. JOHNSON: Do you have an understanding of why she was shook?
SCOTT MESCUDI: Yeah, because of just the circumstance of him finding out about us.
MS. JOHNSON: You were also asked questions about your feelings for Ms. Ventura. Do you remember that?
SCOTT MESCUDI: Yes.
MS. JOHNSON: And you were asked about whether you cared for Ms. Ventura. Do you remember that?
SCOTT MESCUDI: Yes.
MS. JOHNSON: Why did your relationship with Ms. Ventura end, despite having feelings for Ms. Ventura?
SCOTT MESCUDI: The drama, it was just getting out of hand and kind of wanted to give her some space.
MS. JOHNSON: What drama are you talking about?
SCOTT MESCUDI: The break-in and everything.
MS. JOHNSON: Why did you want to give it space?
SCOTT MESCUDI: Just feel like things were just getting out of hand, you know, and for my safety, for her safety, you know, I just thought --
MR. STEEL: Objection, your Honor.
THE COURT: Let's get another question.
MS. JOHNSON: When you say your safety, why were you concerned about your safety?
MR. STEEL: Objection, your Honor.
THE COURT: Grounds.
MR. STEEL: Speculation. Future dangerousness.
THE COURT: That's overruled.
MS. JOHNSON: You can answer.
SCOTT MESCUDI: Repeat the question.
MS. JOHNSON: Sure. You just said you were concerned for your safety and Ms. Ventura's safety. Why were you concerned about your safety?
SCOTT MESCUDI: Because I kind of --
MR. STEEL: Your Honor, objection. 404(a).
THE COURT: Give me one second.
MR. STEEL: Can we approach, if needed?
THE COURT: The objection is overruled.
Ms. Johnson, could you just ask the question again.
MS. JOHNSON: Sure.
MS. JOHNSON: We were talking about when you broke off your relationship with Ms. Ventura. Do you remember that?
SCOTT MESCUDI: Yes.
MS. JOHNSON: And that's around the end of the year 2011; is that right?
SCOTT MESCUDI: Yes.
MS. JOHNSON: And you mentioned you had safety concerns?
SCOTT MESCUDI: Yes.
MS. JOHNSON: Why did you have safety concerns?
SCOTT MESCUDI: Because I knew Sean Combs was violent --
MR. STEEL: Objection, your Honor. Can we approach?
THE COURT: You may approach.
(Continued on next page)
(At the sidebar)
MR. STEEL: May I?
THE COURT: Yes.
MR. STEEL: Your Honor, I'm going to move for a mistrial. The government knows that the answer is about to be that Mr. Combs has had other people killed. This is an outrageous question.
THE COURT: He didn't say that.
MR. STEEL: But he will say that.
THE COURT: He hasn't said that.
MR. STEEL: Well, he's about to say it. I'm putting the Court on notice.
THE COURT: No, you don't get to put me on notice. There's no grounds for any kind of application along those lines because no question that you're talking about has been asked and the answer has not been given.
Now what is your objection to the question that was asked?
MR. STEEL: Why were you scared of Mr. Combs, and his answer's going to be, because Mr. Combs is violent, he has had other people killed.
THE COURT: His understanding of the things that had happened and his understanding of that event is not a 404(a) issue, which is what was raised, correct?
MR. STEEL: It's not going to be a 4 -- it's not like that.
THE COURT: That was the objection that was raised. So what is the objection?
MR. STEEL: He called his friend -- this is what is in the 3500, I know the Court read it. He calls his friends who told him that Mr. Combs had had other people killed. I believe that's going to be his answer why he was scared. I'm preempting it because I know the Court, if he says it --
THE COURT: That's the way you raise the issue. Okay?
MR. STEEL: Yes. I just wanted to give you a preview.
THE COURT: Now, what further questions do you have, Ms. Johnson?
MS. JOHNSON: I don't have further questions on this and I don't believe that's what he would say. I was specifically directing this to the end of the relationship and his concerns at that time.
THE COURT: Well, to be fair, you asked the question, you got the answer.
And Mr. Steel, your point is let's just move on, right?
MR. STEEL: Please.
THE COURT: So let's move on.
(Continued on next page)
(In open court)
THE COURT: Ms. Johnson, you may proceed.
MS. JOHNSON: Thank you, your Honor.
MS. JOHNSON: Mr. Mescudi, do you recall being asked on cross-examination some questions about the meeting you had with Mr. Combs at the SoHo house?
SCOTT MESCUDI: Yes.
MS. JOHNSON: Do you recall that Mr. Steel asked you questions about what Mr. Combs was thinking during that meeting?
SCOTT MESCUDI: Yeah.
MR. STEEL: Objection.
THE COURT: Can you rephrase the question.
MS. JOHNSON: Do you recall that Mr. Steel asked you questions about whether Mr. Combs thought the meeting was about a girl?
SCOTT MESCUDI: Yes.
MS. JOHNSON: Do you recall testifying earlier today about a conversation that you had with Mr. Combs at the end of that meeting?
SCOTT MESCUDI: Could you repeat that.
MS. JOHNSON: Do you recall testifying earlier today about a conversation you had with Mr. Combs about that meeting?
SCOTT MESCUDI: Yes.
MS. JOHNSON: Do you recall testifying that Mr. Combs said I don't know what you're talking about?
SCOTT MESCUDI: Yes.
MR. STEEL: Objection.
THE COURT: Hold on, Mr. Mescudi. If there's an objection, sometimes you can't hear it --
SCOTT MESCUDI: Okay. Sorry.
THE COURT: That's overruled. We got the answer. Let's go.
MS. JOHNSON: Mr. Combs said, I don't know what you're talking about when you asked about your car; is that correct?
SCOTT MESCUDI: Yes.
MS. JOHNSON: Did you believe Mr. Combs when he said he didn't know what you were talking about?
MR. STEEL: Objection.
THE COURT: Ms. Johnson, can you just rephrase the question.
MS. JOHNSON: What was your understanding when Mr. Combs said he didn't know what you were talking about, at the end of that conversation?
MR. STEEL: Objection.
THE COURT: That's overruled.
MS. JOHNSON: You can answer.
SCOTT MESCUDI: That he was lying.
MS. JOHNSON: No further questions.
THE COURT: All right. Mr. Steel.
MR. STEEL: Thank you, sir. No.
THE COURT: No further cross. All right.
Mr. Mescudi, thank you very much. You're done.
SCOTT MESCUDI: Thank you.
(Witness excused)
THE COURT: This is a good time for our lunch break. Members of the jury, I believe your lunch is here. So during the lunch break, same instructions as always, don't talk to each other about the case, don't talk to anybody else about the case through any means whatsoever, and have a great lunch. We'll be back at 1:00 p.m. Thank you very much.
All rise.
(Continued on next page)
(Jury not present)
THE COURT: Please be seated.
Ms. Comey, who do we have after the lunch break?
MS. COMEY: We have Mylah Morales, your Honor.
THE COURT: Who's next?
MS. COMEY: Then it is the custodian from L’Ermitage, Frédéric Zemmour. If we have time, Josh Croft, he is local, so if we don't get to him, that's fine.
As to Ms. Morales, Ms. Estevao has informed me that there are a number of exhibits that she may seek to introduce through Ms. Morales, and she has suggested it might be productive for me to show Ms. Morales those photographs before she takes the stand. Given your Honor's order that I not do that, I wanted to expressly ask for your Honor's permission with defense counsel's consent to show those exhibits to her during the lunch break.
THE COURT: Of course, that's fine.
MS. COMEY: Thank you, your Honor. Hopefully that will avoid any issues, but if we can come back a few minutes early in case there are issues with those exhibits.
THE COURT: Yes, and it reminds me there was a Rule 16 objection raised as to certain exhibits. My question is, I guess this is for Ms. Estevao, were the exhibits that are at issue turned over in compliance with the Court's order from over the weekend?
MS. ESTEVAO: Some of them were included and some of them were not. However, I would ask the Court to allow us continue conferring with the government on this point and potentially raise it before the lunch hour as it may not be an issue.
THE COURT: Let's try to come back 10 minutes earlier.
MS. COMEY: Yes, your Honor.
I had one other issue I wanted to raise before the break, if that's all right, unless there was more your Honor wanted to cover?
THE COURT: No, you may.
MS. COMEY: It's regarding Rule 412, your Honor. All of us at the government table were frankly shocked at counsel asking the question that he asked about sexual activity with another person. I do not think your Honor's ruling from the bench could have been clearer about the bounds of Rule 412. Apparently we need to make them even clearer. The rule itself is crystal clear that any evidence of any victim's sexual activity outside of the charged conduct must be noticed, and the victim must have a right to be heard, and the victim must have a right to be heard in a sealed proceeding. It is frankly outrageous that that question was asked in open court without notice to us, notice to the Court, or notice to the victim. And so I would ask that the boundaries be made crystal clear from this point on that that question should not even be asked without raising the issue in the first instance.
THE COURT: Well, I agree with you that, one, the line was crystal clear; and two, that the line was crossed.
Mr. Steel, I mean, you knew what you were doing when you did it, and you still did it anyway, and that is unacceptable. If there's an application for further relief, I'll hear it from the government.
But just to be clear, and this is how I understood the parties were handling this, with the witnesses that we've had to date, to the extent there was even a question about any Rule 412 concern, I've seen the parties meet and confer to discuss that issue to determine whether there's anything to be brought to the Court, and you did not do that here. So you have to do that even if you think that the line of questioning or the exhibit might technically not fall within Rule 412, meaning something like the reformulation of your question. You just need to raise that in advance and you need to raise it with the government. It's not state secrets, it's not revealing any strategy, but you need to at least let people know that you're attempting questioning is or you're trying to put in an exhibit that's along those lines, that way we can police these things so we don't run into any potential issue. In this instance, we should not have run into the issue and that first question was out of bounds.
So, is it going to happen again?
MR. STEEL: No.
THE COURT: If there's anything else to be done, the government will let me know.
MS. COMEY: Our only request is that the question and answer be struck from the record. Otherwise, at this time, we are not asking for further relief, but we do want to make very clear that any questions like that are totally out of bounds.
THE COURT: You've made that clear and the question and answer will be struck from the record.
Now, anything further from the government?
MS. COMEY: No. Thank you, your Honor.
THE COURT: You heard what I said on the 629(a) issue? So just it's clear why I --
MS. COMEY: Yes, your Honor. The testimony was different than I had expected on timing, and I understood.
THE COURT: Look, you still are in the government's case in chief. So if there's further evidence that comes in that lays a foundation, then I'll hear it. That's why I made that clear. I didn't want to say that it was just out of the case, it could come in, but not right now.
Anything from the defense?
MR. AGNIFILO: Nothing at this point, Judge. Just one clarification, just because it will be easier. Can we have sort of a standing understanding, and I need the Court's approval for this, that if we want the government to show exhibits to their witnesses, that we don't have to come back to the Court and change the ruling? We can do that with the Court's permission on a going-forward basis?
THE COURT: If you have an agreement on something, usually it will be okay, and in this instance, it's okay.
MR. AGNIFILO: Thank you, Judge.
THE COURT: We'll see everyone back here at 12:50 to address any issues.
AFTERNOON SESSION 1:00 p.m.
THE COURT: Let's have everyone back. Are there any issues to address?
MS. COMEY: There are some, your Honor. We've managed to work out a number of issues, with thanks to my colleague for the defense, but there are some that I think we're going to need your Honor's ruling on. I'm happy to tee it up and I'm happy to let Ms. Estevao explain her position.
There are a number of photographs that the defense produced to us for the first time, and they are all photographs of Ms. Cassie Ventura from various -- it looks like events or photo shoots or albums. None of them were shown to Ms. Ventura during her testimony and none of them were produced to us before the trial, and the vast majority do not come from the government's discovery productions.
We've narrowed down the issues for today to a subset of these 146 photos to about a dozen that the next witness, Ms. Morales, recognizes as photos for which she did makeup. I think the authenticity will be fine, she can testify that she recognizes the photos as photos for someone for whom she did makeup.
The remaining issue is a 403 and on a couple of 412 ones. In some of these photographs, Ms. Ventura is constantly clad or topless or wearing only underwear on the bottom or wearing a very low-cut dress and a very high-cut dress. My concern with all of that ha is even if defense counsel is not planning to make an argument based in sexual stereotypes, putting in images of Ms. Ventura partially dressed or scantily dressed risks a stereotype in the minds of the jurors that if she dressed like this in photo shoots, if she dressed like this in public, then it makes it more likely that she consented to the sexual activity that's at issue here.
Now, I do not object to the defense cropping the photos to show Ms. Ventura's face or the parts of her body that are clothed and then introducing those to the jury. My objection is to the portions where she is topless or only wearing underwear or is very scantily clad. I don't think that is probative. I don't think what she is wearing is probative and I think it is unfairly prejudicial and raises concerns of sexual stereotypes that are inappropriate in this trial.
THE COURT: Now I have three exhibits in front of me.
MS. ESTEVAO: Your Honor, just to back up a little bit. We provided the government with a number of photos yesterday, and the relevance of these are to rebut the government's claim that was suggested in Ms. Ventura's testimony, that she spent all her time either participating in sexual activity or recovering from it, and that her career was stifled as a result, and also Ms. Morgan's testimony about Ms. Ventura over the years and losing confidence. These are a series of photos of many that exist because Ms. Ventura was in the public sphere and a public figure of her participating in red carpet events and other events and photo shoots. It also goes to a lot of the government's arguments about her keeping up her appearance specifically for sexual activity --
THE COURT: I've heard from Ms. Comey that there are about a dozen of these exhibits that are under dispute, right? Am I right?
MS. ESTEVAO: There are approximately a dozen that we will elicit, we will potentially elicit with Ms. Morales because she was the one who did the makeup for those particular events, and of that dozen, we've narrowed I believe the government's objections to five, and your Honor has three photos right now, and we're working on the other two, which we may reach a resolution on.
MS. COMEY: Your Honor, I can put on the record the ones we object to. They are defense exhibit 641, defense exhibit 652, defense exhibit 739, defense exhibit 744, defense exhibit 745, and defense exhibit 746. And with respect to all of those, the objection is the sex-based stereotypes that I articulated, with the exception of 641. My objection is not based on that concern about stereotypes for that one, it's just a picture of her head, but it is a picture in which she's holding what appears to be a gun up to her mouth, and that just feels entirely prejudicial. It seems to imply in some way that she would possess guns, was the kind of person who would hold guns --
THE COURT: I don't think you have to show a lot of unfair prejudice because the probative value is nil. So 641 is out. I mean, you can ask questions about this album or anything about it, but I don't see why the image of the cover has anything to do with this case. So 641 is out. I only have 652 and 739. 652 appears to be an album cover.
MS. COMEY: I believe so, your Honor.
MS. ESTEVAO: We can also bring these up on the screen, 652, please.
Your Honor, this is also another album cover. And also, just to back up, in terms of the past 24 hours in conferrals with Ms. Comey, she raised issues with respect to many exhibits that we agreed to withdraw based on Ms. Ventura's clothing in those photographs, and we agree with Ms. Comey that those suggestions are not the ones that we're trying to convey with these photos, it's about her career opportunities and of the like.
And so, just to let your Honor know, we agreed to withdraw many, many photos, even though we would have a great argument that this was the way that Ms. Ventura dressed at the time, and it was the style at the time, and it's not meant to convey anything other than her full --
THE COURT: What are the relevance of these exhibits? That's what I'm trying to understand. If you're trying to elicit from the witness that she did makeup for Ms. Ventura for various events, and in your view there are a lot of them, which goes to show that during the time period in question, she had a vibrant and event-filled life, great. What's the purpose of these exhibits? I'm not understanding what the pictures have to do with anything. So it's just a 402 issue really. It's like what's the relevance of this, and then we can get to 403. Is there some kind of relevance that I'm missing?
MS. ESTEVAO: The fact Ms. Morales was providing makeup for these photographs and photo shoots that were then used for the purposes of Ms. Ventura's album all supports the argument that she had a full and blossoming career.
That being said, we were using this opportunity and the extra time because of the absence of witnesses this afternoon to introduce a number of these photographs. If it makes more sense, we can do it through a separate witness who knows more about Ms. Ventura's musical career.
THE COURT: You have an objection to putting these into evidence. Is there an objection, to the extent it's necessary, to using these images as demonstratives? Meaning, to the extent it just helps the examination to say, you did makeup on the Love a Loser album cover, right, and let's show the jury what you did, great work.
MS. COMEY: Your Honor, I would object to showing a topless photograph of one of our victims to the jury, strongly.
THE COURT: Well, it's not topless.
MS. COMEY: Your Honor, in this photograph, she's not wearing a shirt.
THE COURT: This is the one with the folded hands? Okay. So -- .
MS. COMEY: It's 652. She's not wearing a shirt, your Honor.
THE COURT: All right. Look --
MS. COMEY: I don't see the relevance --
THE COURT: Relevance is not established, Ms. Estevao, by the fact that you're filling time. So the fact that we have time here is not a reason for these exhibits to be admitted. And I'm still not understanding what the probative value of any of this is.
MS. COMEY: I'll note, your, we would be willing to enter a stipulation that Ms. Ventura in fact recorded a song called Love a Loser if that's what the defense wants to prove.
THE COURT: She can ask about it, and I assume the witness is going to say, I did the makeup and style for that album cover.
MS. COMEY: I would assume so, yes, your Honor.
THE COURT: Let me hear from Ms. Estevao.
MS. ESTEVAO: Your Honor, Ms. Ventura testified about her career being impacted, and her having an album Love a Loser that was released and there's a photo associated with it to help corroborate that is certainly relevant.
MS. COMEY: Your Honor, they don't need corroboration for a fact I'll stipulate to.
MS. ESTEVAO: Your Honor, we're entitled to put in evidence to support the case.
THE COURT: But the image is not probative of anything. The image just is a depiction of something that you can elicit through testimony. An objection has been raised on 403 grounds that I have to evaluate.
Now, I don't know that there's that much, if any, prejudice from putting any of these in. I certainly don't see any prejudice from exhibit 739, which appears to be an image from a public event. So I don't know what the prejudice would be.
MS. COMEY: Your Honor, it's the same concern I raised, it is a low-cut dress --
THE COURT: That's overruled as to 739. Which, the only other one I have in front of me is 652.
MS. ESTEVAO: Can we please pull up exhibit 744, 745, and 746, if you put them next to each other.
THE COURT: I'll sustain the objection as to 652.
So now we have 744. The objection is overruled as to 744.
Next, the objection is overruled as to 745.
Anything else?
MS. ESTEVAO: 746.
THE COURT: Objection is sustained as to 746.
Anything further?
MS. COMEY: I just wanted to correct one thing that I said, your Honor, right before the lunch break. When I was referencing that the testimony didn't come in the way I expected, I had been meaning to correct what I said, not to concede that we don't think that the text message is admissible. My colleagues tell me I may have been unclear, that I wanted to make clear that the witness's testimony was that this incident involving Gina and the apples happened earlier than I thought he was going to say.
THE COURT: Yes.
MS. COMEY: I think we will want to be heard, not now, at a later time about the admissibility of that exhibit. But I just wanted to be clear that we were not conceding that we don't think that that exhibit is admissible -- or is not -- I'm sorry. I'm tired, your Honor.
THE COURT: That's okay. That's okay. That is in fact what I thought, but you have now clarified the record.
As I said, I think I said this after you made that remark, I'll hear the government if they want to get the document in. I just have some questions as to what it relates to.
MS. COMEY: Completely understood, your Honor, and I appreciate the opportunity to clarify, but I don't think we need to take it up now.
THE COURT: So I believe we are ready. So let me ask the courtroom deputy to get our jury.
COURT CLERK: Yes, your Honor.
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(Jury present)
THE COURT: Welcome back, members of the jury. The home stretch for today and for this week.
Government may call its next witness.
MS. COMEY: The government calls Mylah Morales. MYLAH MORALES, 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.
SCOTT MESCUDI: Mylah Morales, M-Y-L-A-H M-O-R-A-L-E-S.
MS. COMEY: May I inquire, your Honor?
THE COURT: You may.
MS. COMEY: Thank you.