DIRECT EXAMINATION BY MS. STEINER:
MS. STEINER: Good morning, Ms. Clark?
CAPRICORN CLARK: Good morning.
MS. STEINER: Where are you from?
CAPRICORN CLARK: Born in San Francisco, raised in Los Angeles.
MS. STEINER: Ms. Clark, when, if at all, did you become involved in the music industry?
CAPRICORN CLARK: When I graduated high school in 1996.
MS. STEINER: And what role did you play in the music industry at that time?
CAPRICORN CLARK: I got an internship at Def Jam Records.
MS. STEINER: What is Def Jam?
CAPRICORN CLARK: Def Jam is heritage brand in the hip hop community that served my generation as sort of the true lineage.
MS. STEINER: Is it a record label?
CAPRICORN CLARK: It is.
MS. STEINER: Immediately prior to that, how if at all did your family circumstances change?
CAPRICORN CLARK: My mother died and then shortly thereafter my father died.
MS. STEINER: And how if at all did that effect your need for employment?
CAPRICORN CLARK: It made me have to start life a lot earlier.
MS. STEINER: Did you attend some college?
CAPRICORN CLARK: I did.
MS. STEINER: And what if any record label did you sign with after college?
CAPRICORN CLARK: I signed with Death Row Records.
MS. STEINER: What is Death Row Records?
CAPRICORN CLARK: Death Row Records is a 90s, a late 90s, street rap, gangster rap label on the West Coast.
MS. STEINER: Who is managing Death Row Records at that time?
CAPRICORN CLARK: Suge Knight.
MS. STEINER: And what if any relationship did you have personally with Suge Knight?
CAPRICORN CLARK: Suge Knight is the father of my best friend's children.
MS. STEINER: Following your work at Def Jam and Death Row, what was your next job in the music industry?
CAPRICORN CLARK: My next job was for Sean Combs at Bad Boy Entertainment.
MS. STEINER: And approximately when did you start that role?
CAPRICORN CLARK: 2004.
MS. STEINER: Who did you report to at Bad Boy?
CAPRICORN CLARK: Sean Combs.
MS. STEINER: Ms. Clark, I'm going to ask that you look around the courtroom and see if you identify Mr. Combs. And if you do, please identify him by an article of clothing.
CAPRICORN CLARK: Blue sweater.
MS. STEINER: Your Honor, if the record could reflect that the witness has identified the defendant.
MS. STEINER: Do you know Mr. Combs by any other names?
CAPRICORN CLARK: I do.
MS. STEINER: What are those?
CAPRICORN CLARK: Puff, Puffy, Diddy.
MS. STEINER: And how did you refer to him during your employment for him?
CAPRICORN CLARK: Puff.
MS. STEINER: During what time periods did you work for Mr. Combs?
CAPRICORN CLARK: From 2004 through 2012.
MS. STEINER: And, Ms. Clark, I want to direct your attention to December of 2011. Were you working for Mr. Combs at that time?
CAPRICORN CLARK: Yes.
MS. STEINER: What occurred at that time?
CAPRICORN CLARK: I was kidnapped.
MS. STEINER: And after you were kidnapped, did you continue to work for Mr. Combs?
CAPRICORN CLARK: I did.
MS. STEINER: Did there come a time after that you left your employment?
CAPRICORN CLARK: I did.
MS. STEINER: And did you leave or were you terminated?
CAPRICORN CLARK: I was terminated.
MS. STEINER: We're going to return to that incident in a few minutes. I want to start by asking you a few questions about your relationship with Mr. Combs. When did you first meet Mr. Combs?
CAPRICORN CLARK: I met him shortly after I moved to New York City in 2002.
MS. STEINER: And what if any social relationship did you have with Mr. Combs at that time?
CAPRICORN CLARK: We were super platonic friends. We had a mutual friend that I met him through. Her name was Jeanette, and we were just regular friends.
MS. STEINER: And how were you initially hired to work for Mr. Combs?
CAPRICORN CLARK: I got a call from a head hunter agency called The Jennifer Group. They had saw my résumé online and thought that it aligned well with what they were looking for for him.
MS. STEINER: What role did you first serve in for Mr. Combs?
CAPRICORN CLARK: Personal assistant.
MS. STEINER: Approximately what was that?
CAPRICORN CLARK: 2004.
MS. STEINER: And how long did you serve as personal assistant to him?
CAPRICORN CLARK: Until 2006.
MS. STEINER: Generally, what were your duties as a personal assistant?
CAPRICORN CLARK: To shadow him from before he wakes up until he releases me at night.
MS. STEINER: And did you briefly leave your employment for Mr. Combs in 2006?
CAPRICORN CLARK: I did.
MS. STEINER: Did you later return to work for him?
CAPRICORN CLARK: I did.
MS. STEINER: When was that?
CAPRICORN CLARK: In 2007.
MS. STEINER: And when you returned in 2007, what was your role at that time?
CAPRICORN CLARK: Director of marketing for Sean John womens.
MS. STEINER: What is Sean John womens?
CAPRICORN CLARK: Sean John womens was a new tentacle from the master brand of Sean John, which was a mens sportswear line.
MS. STEINER: Was that a sportswear line owned by Mr. Combs?
CAPRICORN CLARK: Yes.
MS. STEINER: Was this a higher ranking position than your prior role for him?
CAPRICORN CLARK: It was.
MS. STEINER: Did you have any increase in pay?
CAPRICORN CLARK: I did.
MS. STEINER: And approximately how long did you work in that role?
CAPRICORN CLARK: A year.
MS. STEINER: What role did you hold next?
CAPRICORN CLARK: Global brand director for Sean Combs.
MS. STEINER: Was that also a promotion?
CAPRICORN CLARK: It was.
MS. STEINER: What were your duties in that role?
CAPRICORN CLARK: Name and likeness. Anything his name was on was my neck of the woods. If we're launching a television program, if he's ideating on something, my job is to do the due diligence, to do the research to figure it out, to try to continue to grow the brand in different ways once we had reached new levels and ideas.
MS. STEINER: Approximately when did you serve in that role?
CAPRICORN CLARK: That was 2008 through 2012.
MS. STEINER: And how did that position end?
CAPRICORN CLARK: I was terminated.
MS. STEINER: And after your termination, did there come a time when you were reemployed by Mr. Combs?
CAPRICORN CLARK: Yes.
MS. STEINER: When was that?
CAPRICORN CLARK: 2016.
MS. STEINER: What was your position at that time?
CAPRICORN CLARK: Creative director for Casandra Ventura.
MS. STEINER: And how long did you hold that role?
CAPRICORN CLARK: Until 2018.
MS. STEINER: I want to turn back, Ms. Clark, to your first position for Mr. Combs as his personal assistant. You testified that you began that role in 2004; is that correct?
CAPRICORN CLARK: Yes.
MS. STEINER: Where were you physically working for him at that time?
CAPRICORN CLARK: 1440 Broadway.
MS. STEINER: Ms. Foster, can you put up for the witness, the parties, and the Court what has been marked for identification Government Exhibit 2B-111.
MS. STEINER: Do you recognize this image, Ms. Clark?
CAPRICORN CLARK: I do.
MS. STEINER: Generally, what is it?
CAPRICORN CLARK: Bad Boy Worldwide and Sean John offices.
MS. STEINER: Is this a fair and accurate depiction of it?
CAPRICORN CLARK: It is.
MS. STEINER: Government offers Government Exhibit 2B-111.
MR. AGNIFILO: No objection, your Honor.
THE COURT: 2B-111 will be admitted.
(Government's Exhibit 2B-111 received in evidence)
MS. STEINER: If you can publish that, Ms. Foster.
MS. STEINER: You testified that was Bad Boy offices. During what time period was this where Bad Boy was located?
CAPRICORN CLARK: In 2004.
MS. STEINER: Until when, if you know?
CAPRICORN CLARK: I don't know when the move was made, maybe 2005.
MS. STEINER: We can take that down.
MS. STEINER: I want to direct your attention, Ms. Clark, to your very first day on the job. Where, if at all, did Mr. Combs take you on your first day?
CAPRICORN CLARK: Central Park.
MS. STEINER: At approximately what time of day?
CAPRICORN CLARK: It was dark. After 9:00.
MS. STEINER: Who was present, if anyone, when Mr. Combs took you to Central Park?
CAPRICORN CLARK: Myself, Puff, and Paul Offert.
MS. STEINER: Who is Paul Offert?
CAPRICORN CLARK: Head of security for Sean Combs, owner of Green Gate Security.
MS. STEINER: And can you please describe his general appearance?
CAPRICORN CLARK: Quiet, stoic, a bit menacing. Physically he looks like a line backer.
MS. STEINER: Ms. Foster, can you please put up what's in evidence as Government Exhibit 2A-204.
MS. STEINER: Ms. Clark, do you recognize this image?
CAPRICORN CLARK: I do.
MS. STEINER: Who is this?
CAPRICORN CLARK: Paul Offert.
MS. STEINER: And do you know Mr. Offert by any other names?
CAPRICORN CLARK: I do.
MS. STEINER: What names?
CAPRICORN CLARK: Uncle Paul, Paulie.
MS. STEINER: And how did you refer to him during your employment?
CAPRICORN CLARK: Uncle Paul.
MS. STEINER: And is this picture how Mr. Offert typically looked?
MS. STEINER: What's different?
CAPRICORN CLARK: He doesn't have his glasses on.
MS. STEINER: What glasses are you referring to?
CAPRICORN CLARK: His blacked out sunglasses that he wears 100 percent of the time.
MS. STEINER: We can take that down.
MS. STEINER: Were there any other individuals around you aside from Mr. Combs and Mr. Offert in Central Park that night?
MS. STEINER: What if anything did Mr. Combs tell you at that time?
CAPRICORN CLARK: He told me he didn't know that I had anything to do with Suge Knight and if anything happened he would have to kill me.
MS. STEINER: What concern did you understand Mr. Combs to have?
MR. AGNIFILO: Objection, Judge.
THE COURT: Sustained.
MS. STEINER: What was Mr. Combs --
MR. AGNIFILO: I'm sorry, Judge. I'm going to ask to strike the last answer.
MS. STEINER: I don't believe she answered.
MR. AGNIFILO: No, I mean the question and answer before.
THE COURT: Grounds?
MR. AGNIFILO: 403.
THE COURT: That's overruled.
BY MS. STEINER:
MS. STEINER: Ms. Clark, what was Mr. Combs' demeanor when he threatened that if anything happened, he would have to kill you?
CAPRICORN CLARK: Calm.
MS. STEINER: Did you have the opportunity to observe him in this conversation?
CAPRICORN CLARK: Yes.
MS. STEINER: How did you perceive this threat?
CAPRICORN CLARK: Very serious.
MS. STEINER: Why is that?
CAPRICORN CLARK: I felt like there was some gravitas to the fact that he might have had issues with Shug.
MS. STEINER: I'm going to stop you right there, Ms. Clark. What if anything did Mr. Offert state when Mr. Combs made that threat to you?
CAPRICORN CLARK: Nothing.
MS. STEINER: Was he near by?
CAPRICORN CLARK: He was.
MS. STEINER: What was his demeanor?
CAPRICORN CLARK: Calm. Stoic.
MS. STEINER: How did you react when Mr. Combs threatened you?
CAPRICORN CLARK: I said we'll just have to see.
MS. STEINER: What did you mean by that?
CAPRICORN CLARK: I meant there was nothing I could do in Central Park to convince him that I was a trustworthy person. I knew my character. I knew that I didn't have anything to do with any of that stuff that he would possibly have any --
MR. AGNIFILO: Objection, Judge.
THE COURT: That's sustained. The jury should disregard the witness' answer. Ms. Steiner.
MS. STEINER: Did you continue to work for Mr. Combs after this incident?
CAPRICORN CLARK: I did.
MS. STEINER: Why did you continue to work for him?
CAPRICORN CLARK: I felt maybe I could have been more transparent.
MS. STEINER: Transparent about your background?
CAPRICORN CLARK: Yes.
MS. STEINER: Was this the only time that Mr. Combs threatened you?
MS. STEINER: You testified that Mr. Offert was with you at Central Park that night when Mr. Combs threatened you. Can you explain to the jury what Mr. Offert's role entailed?
CAPRICORN CLARK: Mr. Offert was in charge of security, the security and protection of the principal, the movements, who's on staff as it relates to security, and the movements that we would make and the logistical components of keeping Mr. Combs safe.
MS. STEINER: And he was the principal, Mr. Combs?
CAPRICORN CLARK: Yes.
MS. STEINER: And what is your understanding of how long Mr. Offert had been working for Mr. Combs?
CAPRICORN CLARK: I knew he was there long before me. I didn't have a sense of the timing.
MS. STEINER: Did he continue working for Mr. Combs throughout your employment?
CAPRICORN CLARK: He did.
MS. STEINER: What if any other security did Mr. Combs have?
CAPRICORN CLARK: He had Roger Bonds, D-Roc and Ruben.
MS. STEINER: Ms. Foster, can you please put up what's in evidence as Government Exhibit 2A-202.
MS. STEINER: Ms. Clark, who is this an image of?
CAPRICORN CLARK: D-Roc.
MS. STEINER: And who generally is D-Roc?
CAPRICORN CLARK: D-Roc is a security guard and a friend -- a very good friend of Biggie Smalls.
MS. STEINER: Can you describe his general appearance? We just have a face here.
CAPRICORN CLARK: He's about six, three; six, four. More slender, very solid. I would say quarterback, running back type body.
MS. STEINER: Did D-Roc start working for Mr. Combs before or after you?
CAPRICORN CLARK: After me.
MS. STEINER: And, if you know, where was D-Roc working before that?
CAPRICORN CLARK: I don't believe he was working before that.
MS. STEINER: Ms. Foster, can we please put up Government Exhibit 2A-205.
MS. STEINER: Who is this an image of?
CAPRICORN CLARK: Ruben.
MS. STEINER: And who is Ruben?
CAPRICORN CLARK: D-Roc's little brother.
MS. STEINER: Did he also work as security for Mr. Combs?
CAPRICORN CLARK: He did.
MS. STEINER: And when did he start working for Mr. Combs?
CAPRICORN CLARK: He came later. I don't know exactly when, but it wasn't the same time as D-Roc.
MS. STEINER: Ms. Foster, if we can take that down and put up Government Exhibit 2A-201.
MS. STEINER: Ms. Clark, who is this an image of?
CAPRICORN CLARK: Roger Bonds.
MS. STEINER: Who is Roger Bonds?
CAPRICORN CLARK: Another security guard. He started at the same time as I did.
MS. STEINER: We can take that down.
MS. STEINER: Ms. Clark, were the security guards we just referred to, so D-Roc and Roger Bonds and Rube and Mr. Offert, around Mr. Combs while you were working for him?
CAPRICORN CLARK: Yes. Yes.
MS. STEINER: Generally, when would they be around Mr. Combs?
CAPRICORN CLARK: The entire day.
MS. STEINER: And how did the fact that Mr. Combs was surrounded by security affect you during your employment?
MR. AGNIFILO: Objection, Judge.
THE COURT: Ms. Steiner, can you rephrase the question.
MS. STEINER: Of course.
MS. STEINER: Ms. Clark, you just testified a moment ago that Mr. Combs was surrounded by security through most of the day when you were employed by him; is that correct?
CAPRICORN CLARK: Yes.
MS. STEINER: Did that have any effect on you?
CAPRICORN CLARK: It just let me know that there was always a serious nature around, yes.
MS. STEINER: What do you mean by a serious nature?
MR. AGNIFILO: I'm going to object, Judge.
THE COURT: Sustained.
MS. STEINER: Did you ever observe Mr. Combs with a gun?
CAPRICORN CLARK: Yes.
MS. STEINER: When was that?
CAPRICORN CLARK: At my home.
MS. STEINER: Was that the kidnapping referred to earlier?
CAPRICORN CLARK: Yes.
MS. STEINER: We'll get back to that in a moment. When you were working as a personal assistant for Mr. Combs, did you ever hear Mr. Combs discuss guns?
CAPRICORN CLARK: Yes.
MS. STEINER: Once or more than once?
CAPRICORN CLARK: Once.
MS. STEINER: Can you describe that incident?
CAPRICORN CLARK: We were at MTV. He was doing MTV press with 50 Cent and we -- after the interview rapped up, myself, Puff, and Chris Lighty got in the elevator.
MS. STEINER: Just to stop you for a moment. Who is Chris Lighty?
CAPRICORN CLARK: Chris Lighty was an amazing entertainment manager in the music industry. And he was, on paper, managing Puff at the time, and he was actually 50 Cent's manager at the time.
MS. STEINER: And what happened in that elevator?
CAPRICORN CLARK: Puff told Chris, because they were having some sort of issue, like I really don't like all the back and forth, I don't do that, I like guns.
MS. STEINER: And what's the issue, with an individual?
CAPRICORN CLARK: He had an issue with 50 Cent.
MS. STEINER: What was Mr. Combs' demeanor when he said that he liked guns?
CAPRICORN CLARK: Very serious.
MS. STEINER: Directing your attention to 2004. Did there come a time when you were accused of theft?
CAPRICORN CLARK: Yes.
MS. STEINER: Approximately how long was this after you started working for Mr. Combs?
CAPRICORN CLARK: Couple months.
MS. STEINER: Can you please describe generally what you were accused of stealing?
CAPRICORN CLARK: I was accused of stealing three pieces of very high-end jewelry that was out on loan from Jacob the Jeweler. There was a diamond necklace with a cross, a diamond bracelet, and a diamond watch.
MS. STEINER: Ms. Clark, had you stolen the jewelry?
CAPRICORN CLARK: I did not.
MS. STEINER: Was there a time when the jewelry came into your possession?
CAPRICORN CLARK: Yes.
MS. STEINER: Why did it come into your possession?
CAPRICORN CLARK: Puff gave it to me.
MS. STEINER: Did he give it to you for safekeeping?
CAPRICORN CLARK: He gave it to me to take on the plane trip that we had that afternoon to Miami.
MS. STEINER: And who is this jewelry on loan to?
CAPRICORN CLARK: Mr. Combs.
MS. STEINER: Did you -- did there come a time on the way to your trip to Miami that you realized the jewelry had gone missing?
CAPRICORN CLARK: Yes.
MS. STEINER: Where were you when you realized that?
CAPRICORN CLARK: A couple yards away from Signature at Teterboro.
MS. STEINER: What did you do when you realized that the jewelry was missing?
CAPRICORN CLARK: I told the driver to stop the car and I called security at 1440 and told them to lock everybody in and search them.
MS. STEINER: What if anything did you convey to Mr. Combs at that time?
CAPRICORN CLARK: I told him that his jewelry was missing.
MS. STEINER: And what did Mr. Combs do?
CAPRICORN CLARK: He said okay, I'm going to go ahead to Miami, you go back with Paul.
MS. STEINER: And when he directed you to go back with Paul, where was he directing you to go?
CAPRICORN CLARK: 1440 Broadway.
MS. STEINER: Where did you go after that?
CAPRICORN CLARK: Went to my home in Queens.
MS. STEINER: And we'll get to that in a moment. But did you go back to 1440 Broadway?
CAPRICORN CLARK: Yes.
MS. STEINER: And you said you went with Paul; is that Mr. Offert?
CAPRICORN CLARK: Yes.
MS. STEINER: What if anything did Mr. Offert do once you were back in the Bad Boy office?
CAPRICORN CLARK: He questioned me about the events leading up to the bag being missing.
MS. STEINER: The bag with the jewelry?
CAPRICORN CLARK: Yes.
MS. STEINER: How long was he questioning you for?
CAPRICORN CLARK: Couple of hours. Two and a half, three, finished out the day.
MS. STEINER: And you mentioned that you also went to your home; is that correct?
CAPRICORN CLARK: Yes.
MS. STEINER: Did you go there from the Bad Boy office?
CAPRICORN CLARK: Yes.
MS. STEINER: Did you go by yourself or with someone else?
CAPRICORN CLARK: With someone else.
MS. STEINER: Who was that individual?
CAPRICORN CLARK: Paul Offert.
MS. STEINER: What happened once you arrived at your residence?
CAPRICORN CLARK: Paul searched my house.
MS. STEINER: Can you describe what he did?
CAPRICORN CLARK: He went through my belongings. He went through my common areas. I had a roommate. And just searched. He didn't find anything.
MS. STEINER: What if anything did Mr. Offert tell you after he was unable to locate the jewelry?
CAPRICORN CLARK: He says, okay, I'll be back tomorrow. We need to figure this out. We'll try to figure out what's happening, what's going on.
MS. STEINER: Did Mr. Offert pick you up the next day?
CAPRICORN CLARK: He did.
MS. STEINER: And where did Mr. Offert take you at that time?
CAPRICORN CLARK: 1710 Broadway.
MS. STEINER: Ms. Foster, if you could please bring up for the witness, the parties, and the Court what has been marked for identification as Government Exhibit 2B-112.
MS. STEINER: Ms. Clark, do you recognize this image?
CAPRICORN CLARK: I do.
MS. STEINER: What is it?
CAPRICORN CLARK: Bad Boy Worldwide.
MS. STEINER: Is that a fair and accurate depiction of that building?
CAPRICORN CLARK: It is.
MS. STEINER: Government offers Government Exhibit 2B-112.
MR. AGNIFILO: No objection.
THE COURT: 2B-112 will be admitted.
(Government's Exhibit 2B-112 received in evidence)
MS. STEINER: Ms. Clark, you mentioned -- if we can publish that for the jury please.
MS. STEINER: You testified, Ms. Clark, that you had been working at 1440 Broadway; is that right?
CAPRICORN CLARK: Yes.
MS. STEINER: And that was also a Bad Boy building; is that right?
CAPRICORN CLARK: Yes.
MS. STEINER: What was this building?
CAPRICORN CLARK: I didn't know.
MS. STEINER: At the time you did not know?
CAPRICORN CLARK: I did not know.
MS. STEINER: Did you later find out what it was?
CAPRICORN CLARK: I did.
MS. STEINER: What is that?
CAPRICORN CLARK: It became our new corporate offices.
MS. STEINER: So Bad Boy eventually moved into this building?
CAPRICORN CLARK: Yes. And Sean John.
MS. STEINER: Directing your attention just to the front door of the building. Can you see that on the bottom left-hand side?
CAPRICORN CLARK: I can.
MS. STEINER: Can you describe the doors?
CAPRICORN CLARK: A glass door, gold frame.
MS. STEINER: How did you enter this building with Mr. Offert?
CAPRICORN CLARK: Through the front door.
MS. STEINER: And after you entered, was the front door kept open or locked behind you?
CAPRICORN CLARK: It was locked behind us.
MS. STEINER: How do you know that?
CAPRICORN CLARK: I could see the gentleman locking us in.
MS. STEINER: How could you see it?
CAPRICORN CLARK: Through the glass door.
MS. STEINER: We can take that down.
MS. STEINER: Ms. Clark, once you entered this building, 1710 Broadway, can you describe what the interior looked like at that time?
CAPRICORN CLARK: Dilapidated, post move out, post -- pre move in. The floors weren't really done on the level we were on, the floor wasn't done. There was like old pieces of like, you know, permanent fixtures around that were sort of half taken out. But pretty much just a gutted building.
MS. STEINER: And again, at this time, did you know what this building was?
CAPRICORN CLARK: I had no idea.
MS. STEINER: Where were you brought inside the building?
CAPRICORN CLARK: I was brought to the sixth floor.
MS. STEINER: Who brought you there?
CAPRICORN CLARK: Paul Offert.
MS. STEINER: Can you describe what the sixth floor of the building looked like?
CAPRICORN CLARK: Similar. Dilapidated, floor wasn't done, nothing built in yet, some old build-ins kind of not completely removed. And there was a 6-foot folding table with some chairs in the middle of the room.
MS. STEINER: Was anyone present on the sixth floor when you arrived there with Mr. Offert?
CAPRICORN CLARK: Yes.
MS. STEINER: Who was there?
CAPRICORN CLARK: There was a gentleman, a heavy set gentleman, who was chain smoking cigarettes and drinking black coffee.
MS. STEINER: Can you describe this individual's appearance?
CAPRICORN CLARK: Very wide. Very heavy. Looked like the size of two linebackers. He wasn't tall. He didn't stand very much either.
MS. STEINER: When you say size, in width he was very large?
CAPRICORN CLARK: Yes.
MS. STEINER: Can you describe this man's size relative to your own?
CAPRICORN CLARK: Five of me, across. He was very wide.
MS. STEINER: Did you learn this man's name?
CAPRICORN CLARK: I did not.
MS. STEINER: Was anyone else with you on the sixth floor?
MS. STEINER: And you said that Mr. Offert had brought you to the sixth floor; is that correct?
CAPRICORN CLARK: Yes.
MS. STEINER: Did he remain there?
MS. STEINER: Do you have an understanding of where he went?
CAPRICORN CLARK: I do not.
MS. STEINER: Did he ever return to the sixth floor?
CAPRICORN CLARK: He did.
MS. STEINER: And when would he return to the sixth floor?
CAPRICORN CLARK: Intermittently during the day.
MS. STEINER: So he was in and out?
CAPRICORN CLARK: Mm-hmm.
MS. STEINER: Did you speak with this heavy set man?
CAPRICORN CLARK: I did.
MS. STEINER: And what did he tell you was the reason you had been brought to the building?
CAPRICORN CLARK: He says I had been brought to the building to take a lie detector test to figure out what happened with this jewelry.
MS. STEINER: What if anything did he say would happen if you did not pass the test?
CAPRICORN CLARK: He said if you fail these tests, they're going to throw you in the East River.
MS. STEINER: What was the man's demeanor when he said that they would throw you in the East River?
MR. AGNIFILO: Your Honor, I'm going to object. Move to strike the last answer. Can we approach for a second.
THE COURT: You may.
(Continued on next page)
(At sidebar)
MR. AGNIFILO: There's no indication any of this is coming from the defendant. I mean, we don't know who this man is. He's since been given her a lie detector test, and this is just incendiary testimony about her being threatened about thrown in the East River. Which even if it's believed, and I'm not here to quarrel with that at this point, there's nothing that say that Mr. Combs wanted any of this to happen. So it's unduly prejudicial. So I think for that reason, we object to it and move to strike it.
THE COURT: I'll let Ms. Steiner respond. But when we addressed this before the jury came in, why didn't you mention any of this? Because I specifically addressed this testimony and I explained that there was a Second Circuit case that indicated that if there are threats, that that's not hearsay, so it doesn't fit into a hearsay exception based on the Bellomo case from 1999, and there was silence from the defense.
MR. AGNIFILO: I thought they were going to tie this back to Mr. Combs. And I'm not hearing that. That's the missing link.
THE COURT: Okay. So there's an allegation of a missing link. Ms. Steiner?
MS. STEINER: And I've conferred with Mr. Agnifilo on this previously. As we established already in her testimony, this witness has laid the foundation that she was directed to go back to the Bad Boy office, the first Bad Boy office by Mr. Combs when the jewelry went missing. She was then personally escorted there by Mr. Offert, who was his head of security and reported directly to Mr. Combs. That's also in her testimony. Mr. Offert was essentially the person escorting her, as she will continue to testify, for the remainder of that week, to her apartment, back to her apartment, to this new building, the deserted building, back to her home, was checking in intermittently. She'll testify that she would have otherwise been by Mr. Combs' side from essentially 9:00 a.m. to 4:00 a.m. every single day. So I think the logical inference would be that Mr. Combs surely understood that she was not present and was elsewhere, and that Mr. Offert, again, is acting as Mr. Combs' head of security at his direction in terms of any security operation.
THE COURT: All right.
MR. AGNIFILO: But now we're far afield even from Mr. Offert, and that's the reason I'm objecting now, is that he's gone and she's with this unknown man, who is giving her a lie detector test, and the connection between that man and Mr. Combs is just not existent at this point.
THE COURT: I don't think that's a fair characterization of the testimony, but I understand your argument. The objection is overruled.
(Continued on next page)
THE COURT: Ms. Steiner, you may proceed.
MS. STEINER: Thank you, your Honor.
BY MS. STEINER:
MS. STEINER: Ms. Clark, I'll ask you the question again, What was the man's demeanor when he made the threat that they would throw you in the East River?
CAPRICORN CLARK: Very serious, very direct, no frills. This was a very serious conversation.
MS. STEINER: How did you react?
CAPRICORN CLARK: I was petrified.
MS. STEINER: Did this man proceed to administer the lie detector test?
CAPRICORN CLARK: He did.
MS. STEINER: At that time, did you want to be taking the test?
CAPRICORN CLARK: I did not.
MS. STEINER: Why did you permit him to do that?
CAPRICORN CLARK: I was afraid of what would happen if I didn't pass this test, and I felt the test was the only way to get through this thing.
MS. STEINER: Can you describe how the test is administered?
CAPRICORN CLARK: They strap some stuff to your chest and they strap some stuff to your arms, and they ask you a series of questions over and over again.
MS. STEINER: What types of questions were you asked?
CAPRICORN CLARK: Did I steal the jewelry, did I come up with an idea to steal the jewelry, did I plan with somebody to steal the jewelry, had I ever stolen from him. Just a lot of stealing centric questions.
MS. STEINER: From him, was that Mr. Combs?
CAPRICORN CLARK: Yes.
MS. STEINER: Did this man tell you the results of the test?
CAPRICORN CLARK: They said they were inconclusive.
MS. STEINER: What, if anything, did the man tell you about them -- the results being inconclusively?
CAPRICORN CLARK: It's, like, I'm not getting a good reading. You need to calm down. You're going to be in the East River if I can't get a reading on this.
MS. STEINER: When he told you to calm down, how had you been reacting in that moment?
CAPRICORN CLARK: I couldn't calm down. I wasn't doing a good job at calming down.
MS. STEINER: Approximately how long were you in this deserted building on that day?
CAPRICORN CLARK: Full workday.
MS. STEINER: Of this full workday, approximately how long was the man administering the lie detector test on you?
CAPRICORN CLARK: Intermittently all day.
MS. STEINER: And, if you know, was anyone else inside the building at the time?
CAPRICORN CLARK: Not to my knowledge.
MS. STEINER: During the hours that you were in 1710 Broadway, were you able to leave?
MS. STEINER: Why not?
CAPRICORN CLARK: We weren't allowed to leave.
MS. STEINER: Who told you, you weren't allowed to leave?
CAPRICORN CLARK: Paul.
MS. STEINER: Paul Offord?
CAPRICORN CLARK: Yes.
MS. STEINER: And was the door also locked at that time to the building?
CAPRICORN CLARK: It was locked.
MS. STEINER: Was it locked from the inside or the outside?
CAPRICORN CLARK: Locked from the outside.
MS. STEINER: Did you attempt to leave the building?
CAPRICORN CLARK: I did not.
MS. STEINER: Why did you not attempt to leave the building?
CAPRICORN CLARK: That was opposite of what I was there to do. I was there to prove my innocence.
MS. STEINER: How did you eventually leave the building?
CAPRICORN CLARK: Paul took me home.
MS. STEINER: And what, if anything, did Paul, Mr. Offord, tell you when he brought you home?
CAPRICORN CLARK: He told me, I'll be back tomorrow to get you. We still got to figure this out.
MS. STEINER: What happened the next day?
CAPRICORN CLARK: He came back and got me.
MS. STEINER: Who is that?
CAPRICORN CLARK: Paul Offord.
MS. STEINER: What happened the next day?
CAPRICORN CLARK: We started again.
MS. STEINER: And when you say you started again, were you administered a lie detector test again?
CAPRICORN CLARK: Yes.
MS. STEINER: Is that at the same location?
CAPRICORN CLARK: Same location.
MS. STEINER: For approximately how many hours?
CAPRICORN CLARK: All day.
MS. STEINER: Who escorted you to that location?
CAPRICORN CLARK: Paul Offord.
MS. STEINER: Are you free to leave on that second day?
CAPRICORN CLARK: I was not.
MS. STEINER: Why not?
CAPRICORN CLARK: I was told I was not able to leave until we got to the bottom of this.
MS. STEINER: Who told you that?
CAPRICORN CLARK: Paul Offord.
MS. STEINER: Approximately how many days were you required to go to 1710 Broadway to take this lie detector test?
CAPRICORN CLARK: Five.
MS. STEINER: And who, if anyone, picked you up from your residence, brought you there, and returned you each day?
CAPRICORN CLARK: Paul Offord.
MS. STEINER: Why did you continue to go with Mr. Offord to that building, 1710 Broadway?
CAPRICORN CLARK: I wanted to prove my innocence. I didn't like the threats.
MS. STEINER: And can you say that again?
CAPRICORN CLARK: I didn't like the threats. I just wanted to get through it.
MS. STEINER: And the threats that you're referring to, is that the threat to be thrown in the East River?
CAPRICORN CLARK: Yes.
MS. STEINER: Did you want to be taking the lie detector test over these five days?
CAPRICORN CLARK: I did not.
MS. STEINER: Why did you continue to take the test?
CAPRICORN CLARK: I felt like it was the only way to prove that I had nothing to do with it.
MS. STEINER: Ms. Clark, during this five-day period, did you tell anyone where you were?
CAPRICORN CLARK: I did not.
MS. STEINER: Why not?
CAPRICORN CLARK: I just did not. I was in a different head space. I was just trying to survive it.
MS. STEINER: Did you report the incident to law enforcement?
CAPRICORN CLARK: I did not.
MS. STEINER: Why not?
CAPRICORN CLARK: I worked under an NDA. I didn't --
MR. AGNIFILO: Object to that, Judge.
THE COURT: That's sustained. The jury should disregard the witness's last answer. Ms. Steiner.
BY MS. STEINER:
MS. STEINER: Did Mr. Combs ever reach out to you during this five-day period?
CAPRICORN CLARK: He did not.
MS. STEINER: During this five-day period, did he ever ask where you were?
CAPRICORN CLARK: Not to me.
MS. STEINER: Typically, what would you have been doing during a five-day period like this?
CAPRICORN CLARK: I would have been shadowing him, I would have woken him up, and I would have been there through the course of the day until about four o'clock in the morning.
MS. STEINER: When you say you would be shadowing him and be with him, who are you referring to?
CAPRICORN CLARK: Mr. Combs.
MS. STEINER: Where were you instead?
CAPRICORN CLARK: 1710 Broadway.
MS. STEINER: Doing what?
CAPRICORN CLARK: Taking lie detector tests.
MS. STEINER: What, if anything, happened after those five days?
CAPRICORN CLARK: I was told I could return to work Monday.
MS. STEINER: Who told you that?
CAPRICORN CLARK: Paul Offord.
MS. STEINER: And what, if anything, did Mr. Offord tell you at that time about seeing Mr. Combs?
CAPRICORN CLARK: He said, You'll see him sometime next week in the office.
MS. STEINER: Did he give you any directions with respect to how to interact with Mr. Combs?
CAPRICORN CLARK: He did not.
MS. STEINER: And who is Mr. Offord's direct boss?
CAPRICORN CLARK: Sean Combs.
MS. STEINER: Did Mr. Combs ever discuss the theft or the lie detector test with you after you returned to the office?
CAPRICORN CLARK: He did not.
MS. STEINER: Do you know if the jewelry was ever located?
CAPRICORN CLARK: I do not.
MS. STEINER: Ms. Clark, did you continue to work for Mr. Combs after this incident?
CAPRICORN CLARK: I did.
MS. STEINER: Why did you continue to work for him?
CAPRICORN CLARK: Well, I felt if I would have left, it would have been written off as I stole anyway.
MS. STEINER: Ms. Clark, when you returned to the office, when you returned to work, did Mr. Combs ask where you had been?
CAPRICORN CLARK: He did not.
MS. STEINER: Generally, what hours were you required to work as Mr. Combs' personal assistant?
CAPRICORN CLARK: Probably start of the day at his townhouse on 74th and Park at 9:00 o'clock in the morning and finish at Daddy's houses or wherever we were sometime around 4:00 a.m.
MS. STEINER: What's Daddy's house?
CAPRICORN CLARK: Recording studio.
MS. STEINER: Who determined how long the day would be for you?
CAPRICORN CLARK: Puff.
MS. STEINER: What types of tasks would you be given from 9:00 a.m. to 4:00 a.m.?
CAPRICORN CLARK: Um, give him a carnation for his suit, print out documents, something he wants to show someone, research something that he's had on his mind, roll calls, get his food.
MS. STEINER: A variety of tasks?
CAPRICORN CLARK: Anything that he needed to do as our job, yes.
MS. STEINER: What, if anything, would Mr. Combs tell you if you failed to accomplish a task?
CAPRICORN CLARK: You would lose your job.
MS. STEINER: Is that what he would say?
CAPRICORN CLARK: Yes.
MS. STEINER: Generally, what, if any, breaks would you get during the day for basic needs, like, eating?
CAPRICORN CLARK: None.
MS. STEINER: How much sleep were you getting each night?
CAPRICORN CLARK: On a good night, four. On a bad night, two.
MS. STEINER: What, if any, medical conditions did you develop as a result of this?
MR. AGNIFILO: Object to the form of the question.
MS. STEINER: I can rephrase, your Honor,
MS. STEINER: What, if any, medical conditions did you develop when you were a personal assistant for Mr. Combs?
CAPRICORN CLARK: Alopecia.
MS. STEINER: What is alopecia?
CAPRICORN CLARK: It's a stress-induced condition where you get bald patches on your head.
MS. STEINER: Did you seek medical attention?
CAPRICORN CLARK: I did.
MS. STEINER: And what medical recommendation did you receive to treat the condition?
CAPRICORN CLARK: Told me to calm down and try to destress somehow.
MS. STEINER: How much were you compensated for your work as a personal assistant to Mr. Combs?
CAPRICORN CLARK: $65,000.
MS. STEINER: Were you working over time?
CAPRICORN CLARK: Yes.
MS. STEINER: Sounds like you must have been, because you worked til 4:00 a.m., is that fair to say?
CAPRICORN CLARK: Yes.
MS. STEINER: What, if any, discussions did you have with HR about being paid for over time?
CAPRICORN CLARK: I went to them and I told them, I'm working basically 24/7 and I'm not making enough money. And she sat with me to calculate my overtime.
MS. STEINER: And who is she?
CAPRICORN CLARK: Vashta Dunlap.
MS. STEINER: And what was her role?
CAPRICORN CLARK: Head of HR.
MS. STEINER: Did she calculate your overtime?
CAPRICORN CLARK: She did.
MS. STEINER: What did she calculate?
CAPRICORN CLARK: She calculated --
MR. AGNIFILO: Object to the form of the question, Judge.
THE COURT: Ms. Steiner, can you rephrase the question.
MS. STEINER: Of course.
BY MS. STEINER:
MS. STEINER: What, if any, discussions did Vashta have with Mr. Combs in your presence?
CAPRICORN CLARK: She sat down to review the overtime, due diligence that she had worked out to present to him for my overtime.
MS. STEINER: What did she present to him?
CAPRICORN CLARK: She said that I was owed $80,000 per three-month period in my assistant era.
MS. STEINER: How did Mr. Combs respond?
CAPRICORN CLARK: He ripped up the paper.
MS. STEINER: Were you paid that $80,000 that Vashta referred to at the time?
CAPRICORN CLARK: I was not.
MS. STEINER: I want to discuss some of your job responsibilities when you were working as Mr. Combs' personal assistant. While you were working in that role, were there times that Mr. Combs would stay at hotels?
CAPRICORN CLARK: Yes.
MS. STEINER: And, if you know, who would he stay there with?
CAPRICORN CLARK: Kim Porter.
MS. STEINER: How frequently would he stay at a hotel with Ms. Porter?
CAPRICORN CLARK: Once a week.
MS. STEINER: And what, if anything, was your role with respect to hotels when Mr. Combs would travel?
CAPRICORN CLARK: To pack and bring and unpack his personal effects.
MS. STEINER: Generally, what names would Mr. Combs' hotel rooms be booked under?
CAPRICORN CLARK: Frank Black. Frank White.
MS. STEINER: And, generally, what name would any of his girlfriends' rooms be booked under?
CAPRICORN CLARK: Jackie Star.
MS. STEINER: Which hotels did Mr. Combs frequent most when he traveled outside of New York?
CAPRICORN CLARK: In Atlanta, it was the InterContinental Buckhead. In Los Angeles, it was the Beverly Hills Hotel.
MS. STEINER: And when Mr. Combs would travel to outside of New York and have these hotel stays, how would you set up the room?
CAPRICORN CLARK: I would unpack all of his clothes and shoes and personal belongings and put them in their place, and it would be set.
MS. STEINER: And what did those belongings include?
CAPRICORN CLARK: Clothes, toiletry bag, and camera bag.
MS. STEINER: Let's take those one at a time. So what's the camera bag?
CAPRICORN CLARK: Camera box, actually,
MS. STEINER: Camera box?
CAPRICORN CLARK: It was a silver -- at that time, it was a silver, like, 45-record carrier, repurposed, and it had three click-in -- three point-and-shoot cameras and one small mini DV camera.
MS. STEINER: Was there anything else in the camera box?
CAPRICORN CLARK: A small bottle of baby oil and a small bottle of lube.
MS. STEINER: What, if any, lighting was in the hotel?
CAPRICORN CLARK: No lighting. We brought his Diptyque candles. That was it.
MS. STEINER: You also mentioned a toiletry bag?
CAPRICORN CLARK: Yes.
MS. STEINER: Would that be brought to the hotel room?
CAPRICORN CLARK: Yes.
MS. STEINER: What was inside of that bag?
CAPRICORN CLARK: Toiletries, medications, drugs.
MS. STEINER: What type of drugs would be in the toiletry bag?
CAPRICORN CLARK: Ectasy.
MS. STEINER: Can you describe what the toiletry bag looked like?
CAPRICORN CLARK: Black, top zip, Louis Vuitton.
MS. STEINER: How frequently would Mr. Combs bring the toiletry bag with him to a hotel stay?
CAPRICORN CLARK: 100 percent of the time.
MS. STEINER: How frequently would he bring the camera box to the hotel stay?
CAPRICORN CLARK: 100 percent of the time.
MS. STEINER: About how long would Mr. Combs stay in a hotel room after you set it up for him?
CAPRICORN CLARK: Three to four days.
MS. STEINER: During these hotel stays, what would you be doing?
CAPRICORN CLARK: Watching TV, catching up on sleep, and ordering room service.
MS. STEINER: And would Mr. Combs reach out to you at all during this time?
CAPRICORN CLARK: A couple of times.
MS. STEINER: Infrequently?
CAPRICORN CLARK: Infrequently.
MS. STEINER: What, if any, responsibilities did you have after one of Mr. Combs' hotel stays?
CAPRICORN CLARK: To pack up his belongings and sweep the room for anything that might be left behind.
MS. STEINER: What, if any, damage did you observe in the hotel rooms after his stays?
CAPRICORN CLARK: Just baby oil. At the InterContinental, I would see, like, handprints left in oil on the, like, ultra-suede wall.
MS. STEINER: How frequently did you observe damage from baby oils in the rooms?
CAPRICORN CLARK: Frequently. But it was a lot -- it was just a lot of baby oil. It was just everywhere. It wasn't necessarily always on the wall.
MS. STEINER: Earlier you testified that, by 2008, you were Mr. Combs' global brand director, is that correct?
CAPRICORN CLARK: Yes.
MS. STEINER: And at that time, was Mr. Combs still going to hotels with women?
CAPRICORN CLARK: Yes.
MS. STEINER: Did you still have a role in setting up those hotels?
CAPRICORN CLARK: I did not.
MS. STEINER: And, if you know, which women would he bring to hotels most frequently at that time?
CAPRICORN CLARK: Kim Porter. Casandra Ventura.
MS. STEINER: Ms. Foster, can you please bring up what's in evidence as Government Exhibit 2A-401.
MS. STEINER: Ms. Clark, who is this?
CAPRICORN CLARK: Casandra Ventura.
MS. STEINER: You can take that down,
MS. STEINER: How frequently would Mr. Combs stay at a hotel with Casandra Ventura when you returned in 2008 as his global brand director?
CAPRICORN CLARK: I would say once a week.
MS. STEINER: Approximately how long would these hotel stays last?
CAPRICORN CLARK: Three to four days.
MS. STEINER: What hotels would Mr. Combs and Ms. Ventura typically go to?
CAPRICORN CLARK: Beverly Hills Hotel, L'Ermitage, London.
MS. STEINER: And what, if anything, would Mr. Combs and Ms. Ventura do after a hotel stay?
CAPRICORN CLARK: They started getting IV drips.
MS. STEINER: What, if anything, did Mr. Combs tell you about why they were getting these IV drips?
CAPRICORN CLARK: I asked. He was -- he related it's similar to serotonin supplements, because ectasy depletes your serotonin. It's just replenishing us from partying over the weekend.
MS. STEINER: From the drugs?
CAPRICORN CLARK: Yes.
MS. STEINER: Did Mr. Combs ever speak with you about his relationship with Ms. Ventura?
CAPRICORN CLARK: He did.
MS. STEINER: And did one of those discussions occur in 2010?
CAPRICORN CLARK: Yes.
MS. STEINER: Where were you at that time?
CAPRICORN CLARK: We were in his first rental house in Los Angeles.
MS. STEINER: And do you know the address for those location?
CAPRICORN CLARK: I think 9933 Beverly Grove.
MS. STEINER: Who was present during this discussion?
CAPRICORN CLARK: Myself, Puff, Laura London, Chef Jordan was in the kitchen, but she...
MS. STEINER: Who's Chef Jordan?
CAPRICORN CLARK: It was his personal chef at the time.
MS. STEINER: Who is Lauren London?
CAPRICORN CLARK: Lauren London is a friend, and she also was an associate of us, all of ours, because she had once modeled for Sean John.
MS. STEINER: Where were you located in the house during this discussion?
CAPRICORN CLARK: We were in the kitchen.
MS. STEINER: What did Mr. Combs discuss with you at that time?
CAPRICORN CLARK: He was discussing with us why we didn't have a man like him.
MS. STEINER: What did he do?
CAPRICORN CLARK: He said, Let me show you something.
MS. STEINER: What did he do next?
CAPRICORN CLARK: He called Cassie over and he asked her to sit down, stand up, turn around, turn the other way, walk over there, grab that, hand me that, walk back, turn around, go back in the other room.
MS. STEINER: How did Cassie respond or Ms. Ventura?
CAPRICORN CLARK: She did it.
MS. STEINER: She followed each of his instructions?
CAPRICORN CLARK: Yes.
MS. STEINER: After Ms. Ventura left the room, what, if anything, did Mr. Combs say?
CAPRICORN CLARK: He said, Did you see that? He said, You bitches won't do that. That's why you don't have a man. To which we said, You motherfucking right.
MS. STEINER: During your employment, did you ever observe Mr. Combs using drugs?
CAPRICORN CLARK: I did.
MS. STEINER: What types of drugs?
CAPRICORN CLARK: Ectasy, molly.
MS. STEINER: And how often did you observe Mr. Combs taking these drugs?
CAPRICORN CLARK: Once a week.
MS. STEINER: Did the frequency of his drug use change overtime?
CAPRICORN CLARK: Yes.
MS. STEINER: How so?
CAPRICORN CLARK: It increased.
MS. STEINER: To more than once a week?
CAPRICORN CLARK: Yes.
MS. STEINER: During what period?
CAPRICORN CLARK: After I was an assistant, I think it increased. I think it was the most contained when I was his assistant.
MS. STEINER: Other than molly, ectasy, did he take any other drugs you were aware of?
CAPRICORN CLARK: He did.
MS. STEINER: What drugs?
CAPRICORN CLARK: Um, like, prescription medications.
MS. STEINER: Who, if any, drug dealers would Mr. Combs obtain drugs from?
MR. AGNIFILO: Object to the form of the question.
MS. STEINER: I can rephrase.
MS. STEINER: Did Mr. Combs obtain drugs?
CAPRICORN CLARK: Yes.
MS. STEINER: Did you observe that?
CAPRICORN CLARK: Yes.
MS. STEINER: And who would he obtain drugs from?
CAPRICORN CLARK: He had a girlfriend in New York that he could get drugs from.
MS. STEINER: Did he obtain drugs from anyone else?
CAPRICORN CLARK: Not really in New York, no.
MS. STEINER: How about in Los Angeles?
CAPRICORN CLARK: Yes.
MS. STEINER: Who would he obtain drugs from in Los Angeles?
CAPRICORN CLARK: One Stop.
MS. STEINER: Ms. Foster, if you could please bring up what's in evidence as Government Exhibit 2A-507.
MS. STEINER: Ms. Clark, do you recognize this individual?
CAPRICORN CLARK: I do.
MS. STEINER: Who is this?
CAPRICORN CLARK: One Stop.
MS. STEINER: And what types of drugs did you observe Mr. Combs obtain from One Stop?
CAPRICORN CLARK: Ectasy, molly.
MS. STEINER: Where were the drugs delivered?
CAPRICORN CLARK: Either to me or to Puff directly.
MS. STEINER: Where?
CAPRICORN CLARK: Either to myself or Puff directly.
MS. STEINER: But where would it be delivered to?
CAPRICORN CLARK: Either a hotel or a house. Wherever we were staying at the time.
MS. STEINER: You can take this down. Thank you.
MS. STEINER: Did Mr. Combs ever ask you to obtain drugs for him?
CAPRICORN CLARK: Yes.
MS. STEINER: What drug would he ask you to obtain most frequently?
CAPRICORN CLARK: Ectasy.
MS. STEINER: Approximately how many times did he ask you to personally get him ectasy?
CAPRICORN CLARK: Not more than ten times in my career with him. He could get it on his own.
MR. AGNIFILO: Object to the last part, Judge. Move to strike.
THE COURT: Granted. The jury should disregard the last sentence in the witness's answer. Ms. Steiner.
BY MS. STEINER:
MS. STEINER: Who, if anyone, did you observe Mr. Combs provide drugs to?
CAPRICORN CLARK: Girlfriends, friends.
MS. STEINER: Did Mr. Combs ever ask you to obtain drugs for others?
CAPRICORN CLARK: Yes.
MS. STEINER: On how many occasions?
CAPRICORN CLARK: Once.
MS. STEINER: Approximately when was that?
CAPRICORN CLARK: It was the summer of 2006, I believe.
MS. STEINER: Where were you at the time?
CAPRICORN CLARK: In the south of France.
MS. STEINER: What did Mr. Combs ask you to obtain in the south of France?
CAPRICORN CLARK: Cocaine.
MS. STEINER: How did you respond when he asked you to get cocaine?
CAPRICORN CLARK: I said, For who?
MS. STEINER: Why did you react that way?
CAPRICORN CLARK: Because it wasn't going to be something that I was going to add to my list of things to do, given that's how my mother died.
MR. AGNIFILO: Objection, Judge. Can we approach again, Judge?
THE COURT: You may.
(At the sidebar)
MR. AGNIFILO: This is becoming just a wholesale character assassin. I'm not sure what many of these things have to do with the charges. The drugs, I understand, because there's a drug predicate as part of the racketeering count. But to have the witness add that this is how her mother died, it's just -- it's just too much. It's not targeted at allegations, and so I object.
THE COURT: All right. I understand. Ms. Steiner.
MS. STEINER: She had said that before. I think her primary thing was that she was willing to get some drugs and not others for him. I think she -- she does not always say that. Sometimes she did. I thought it was important to distinguish why, on this one occasion, she was unwilling to comply with the directive, given her job was to follow all of his directives. But I can move on from the question.
THE COURT: Let's move on.
(Continued on next page)
(In open court)
BY MS. STEINER:
MS. STEINER: Ms. Clark, you testified that you refused to get cocaine for Mr. Combs, is that correct?
CAPRICORN CLARK: Yes, Yes.
MS. STEINER: Or initially, at least, is that correct?
CAPRICORN CLARK: Yes.
MS. STEINER: How did Mr. Combs respond when you said, I believe you said, Who is this for?
CAPRICORN CLARK: Yes.
MS. STEINER: How did he respond to that?
CAPRICORN CLARK: Not me, nigga.
MS. STEINER: Was the cocaine obtained?
CAPRICORN CLARK: It was.
MS. STEINER: Was the cocaine for someone else?
CAPRICORN CLARK: It was for someone else.
MS. STEINER: How is the cocaine obtained?
CAPRICORN CLARK: I had the Spanish security guards get it.
MS. STEINER: Did Mr. Combs ever ask you to obtain prescription drugs for him?
CAPRICORN CLARK: He did.
MS. STEINER: Generally, what time of day?
CAPRICORN CLARK: Anytime of day, but mostly at night.
MS. STEINER: Were these sedatives?
CAPRICORN CLARK: I believe so.
MS. STEINER: Were these prescription drugs always in Mr. Combs' name?
MS. STEINER: Whose name were they sometimes in?
CAPRICORN CLARK: My name.
MS. STEINER: Why were they in your name at times?
CAPRICORN CLARK: Because I had exceeded the amount of controlled substances I could get on Miami Beach.
MS. STEINER: Under Mr. Combs' name?
CAPRICORN CLARK: Yes.
MS. STEINER: When the prescription drugs were in your name, who were they for?
CAPRICORN CLARK: Mr. Combs.
MS. STEINER: Did Mr. Combs ever travel with any of these drugs?
CAPRICORN CLARK: Yes.
MS. STEINER: How frequently?
CAPRICORN CLARK: All the time.
MS. STEINER: And when he traveled with the drugs, where would the drugs be contained in?
CAPRICORN CLARK: In the toiletry bag.
MS. STEINER: Who would carry the toiletry bag?
CAPRICORN CLARK: Myself or security.
MS. STEINER: Did Mr. Combs ever carry the bag?
CAPRICORN CLARK: He did.
MS. STEINER: This is the toiletry bag, correct?
CAPRICORN CLARK: Yes, the toiletry bag.
MS. STEINER: Did you ever see Mr. Combs with bulk cash?
CAPRICORN CLARK: I did.
MS. STEINER: Would you see him with bulk cash --
MR. AGNIFILO: I'm going to object to this. I don't know what bulk cash is. I don't know if the witness does either. I'm sorry.
THE COURT: Ms. Steiner, can you play some foundation or rephrase.
MS. STEINER: Of course, your Honor. If I could just ask a couple of questions to lay out a foundation, your Honor?
THE COURT: You may.
MS. STEINER: Thank you.
BY MS. STEINER:
MS. STEINER: Ms. Clark, did you see Mr. Combs with large amounts of cash during your employment?
CAPRICORN CLARK: I did.
MS. STEINER: When we say large amounts of cash, approximately how much money are we talking about?
CAPRICORN CLARK: In my case? 100,000 euro.
MS. STEINER: And where would you see Mr. Combs with 100,000 euro?
CAPRICORN CLARK: Primarily coming back from Europe.
MS. STEINER: Where would he receive the cash from?
CAPRICORN CLARK: We would get it from club bookings in Europe.
MS. STEINER: What did Mr. Combs do once he received this cash?
CAPRICORN CLARK: Keep it.
MS. STEINER: Who would he provide it to?
CAPRICORN CLARK: Oh, he would turn it over to security, after I gave it to him.
MS. STEINER: When you had the money, what were you doing with the money?
CAPRICORN CLARK: I was counting the money.
MS. STEINER: Who would you give the money to after you counted it?
CAPRICORN CLARK: Directly to Puff.
MS. STEINER: If you know, where was the cash stored once it was back in the United States?
CAPRICORN CLARK: It appeared to me that it was always kept in his bedroom's personal safe.
MS. STEINER: During your employment with Mr. Combs, what, if any, violence did you observe?
CAPRICORN CLARK: I observed fighting.
MS. STEINER: What kind of fighting?
CAPRICORN CLARK: Him fighting men.
MS. STEINER: Can you describe who?
CAPRICORN CLARK: Paul Offord.
MS. STEINER: Anyone else?
CAPRICORN CLARK: His barber, Curtis Smith.
MS. STEINER: What, if any, objects would Mr. Combs throw at people?
CAPRICORN CLARK: Phones.
MS. STEINER: When would he do that?
CAPRICORN CLARK: When he was upset.
MS. STEINER: Did he do that once or more than once?
CAPRICORN CLARK: Often.
MS. STEINER: Was Mr. Combs ever violent with you during your employment?
CAPRICORN CLARK: Yes.
MS. STEINER: Approximately when was that?
CAPRICORN CLARK: Summer of 2006.
MS. STEINER: Where were you at the time?
CAPRICORN CLARK: In his home in 2 Star Island, Miami.
MS. STEINER: And what, if anything, did Mr. Combs tell you when you had arrived at 2 Star Island in Miami?
CAPRICORN CLARK: He told me, I don't care what goes on this weekend, you are not to leave this house.
MS. STEINER: Did Mr. Combs later send you on an errand?
CAPRICORN CLARK: He did.
MS. STEINER: Where to?
CAPRICORN CLARK: Pharrel Williams, who was a music producer, his manager came over and was dropped off by boat on the back dock for a quick meeting. He had me return Rob Walker to Palm Island, where they were shooting a video.
MS. STEINER: Did Mr. Combs direct you to do that?
CAPRICORN CLARK: He did.
MS. STEINER: Approximately how long did you remain on the other island?
CAPRICORN CLARK: An hour.
MS. STEINER: What were you doing during that time?
CAPRICORN CLARK: Hanging out.
MS. STEINER: When did you next hear from Mr. Combs?
CAPRICORN CLARK: About an hour in on the phone, I got a call.
MS. STEINER: What did he say?
CAPRICORN CLARK: Where the fuck are you?
MS. STEINER: What did you do after you got that call?
CAPRICORN CLARK: I went back to Star Island.
MS. STEINER: What, if anything, did Mr. Combs tell you when you returned to Star Island?
CAPRICORN CLARK: He said, See, your problem is you want a life and you can't have that here.
MS. STEINER: What, if anything, did he direct you with respect to the rest of the weekend?
CAPRICORN CLARK: He said, Like I said, don't go anywhere. You are not to leave this house.
MS. STEINER: What happened the next morning?
CAPRICORN CLARK: I woke up and I went to the kitchen to get some breakfast.
MS. STEINER: What happened then?
CAPRICORN CLARK: I was making my plate. The chef was there. She was tired. I asked her where the turkey bacon was. She said, There is no more fucking turkey bacon. She was very upset from a long night. And I said, I hate it here.
MS. STEINER: And what, if anything, did the chef then tell Mr. Combs in your presence?
CAPRICORN CLARK: She then walked outside to where Puff was standing on the back deck and told him what I said. It exasperated her. He immediately looked at me and said, You hate it here? And he charged me.
MS. STEINER: When you say he charged you, can you describe what he did physically to you?
CAPRICORN CLARK: He ran towards me with his hands open and pushed me, my shoulders, and he started pushing me back.
MS. STEINER: In what direction?
CAPRICORN CLARK: Out towards, out towards the front entrance of the kitchen, through the butler's pantry.
MS. STEINER: Approximately how far did he push you?
CAPRICORN CLARK: About 25, 30 yards.
MS. STEINER: And how was he pushing you? Just to make sure the record is reflecting, the witness, with open hands --
CAPRICORN CLARK: Open hands. Right here on my shoulder, like, you know.
MS. STEINER: The top of your shoulders. What, if anything, was Mr. Combs telling you while he was pushing you in this way?
CAPRICORN CLARK: He said, You hate it here? Get the fuck out of my house. You hate it here? Get the fuck out of my house. And he repeated it until we were outside.
MS. STEINER: Can you describe the amount of force that Mr. Combs was using when he was pushing you?
CAPRICORN CLARK: I would say 75 percent. I never fell. I kept catching myself.
MS. STEINER: Did anyone intervene?
CAPRICORN CLARK: Yes.
MS. STEINER: Who?
CAPRICORN CLARK: Paul Offord.
MS. STEINER: What did Paul Offord do?
CAPRICORN CLARK: He told Puff to stop and he told me to go pack my things.
MS. STEINER: Did you follow his instructions?
CAPRICORN CLARK: I did.
MS. STEINER: And after this incident, when Mr. Combs pushed you through his house, did you leave your employment?
CAPRICORN CLARK: I did.
MS. STEINER: Why did you leave?
CAPRICORN CLARK: That was crossing my boundary.
MS. STEINER: I want to direct your attention now to a few years later in 2011. Had you returned to work for Mr. Combs by that point in time?
CAPRICORN CLARK: Yes.
MS. STEINER: What was your role at that time?
CAPRICORN CLARK: I was global brand director.
MS. STEINER: Why had you returned to work for Mr. Combs after that incident at 2 Star?
CAPRICORN CLARK: Um, my first role back was director of marketing for Sean John. He was impressed with what I was doing in my job that I had left for. I got a couple number one album.
MS. STEINER: Who is he? Sorry to interrupt you.
CAPRICORN CLARK: Puff was very impressed with my work at my new place and was, like, I'm starting a women's line. You wouldn't have to work directly with me, but you can work for me, and it will be something right up your alley. And it was paying more than Samba Records was.
MS. STEINER: Is that where you were employed?
CAPRICORN CLARK: Yes.
MS. STEINER: Why was it important for you not to work directly with Mr. Combs?
CAPRICORN CLARK: I didn't want that close proximity of his personal orbit like that anymore. I didn't want to be in his house. I didn't want to be trapped in a house. I was growing. I was 28 by then.
MS. STEINER: What, if any, work were you also doing for Ms. Ventura in 2011?
CAPRICORN CLARK: I was her creative director and manager.
MS. STEINER: What did that role involve?
CAPRICORN CLARK: Coming up with a direction for her, coming up with creative for videos, positioning, what are we talking about, what's the look, answering the interview questions, managing the modeling portfolio. Trying to generally maximize her opportunity and the optics for her.
MS. STEINER: And who did you report to generally on Ms. Ventura's projects?
CAPRICORN CLARK: Sean Combs.
MS. STEINER: And who had approval over Ms. Ventura's work?
CAPRICORN CLARK: Sean Combs.
MS. STEINER: What was approval required for by Mr. Combs?
CAPRICORN CLARK: Schedule, hair, makeup, look, what we -- what we said yes to, what we said no to. Everything he had final approval on.
MS. STEINER: In 2011, were you spending time in both New York and Los Angeles?
CAPRICORN CLARK: I was.
MS. STEINER: Why was that?
CAPRICORN CLARK: We all lived in New York. However, we --
MS. STEINER: We -- sorry to interrupt you again. When you say we, who are you referring to?
CAPRICORN CLARK: Staff, Mr. Combs, myself, just the general Bad Boy team, as it related to him. We were going back and forth because we had followed Kim Porter to LA
MS. STEINER: Where in LA were you living in 2011?
CAPRICORN CLARK: 1420 Ambassador in a gated community.
MS. STEINER: Who was paying your rent?
CAPRICORN CLARK: Sean Combs. Bad Boy.
MS. STEINER: Was Mr. Combs also living in LA in 2011?
CAPRICORN CLARK: He was.
MS. STEINER: And are you familiar with the address 9374 Beverly Crest Drive?
CAPRICORN CLARK: I am.
MS. STEINER: What is that address?
CAPRICORN CLARK: That was his second rental property in Los Angeles.
MS. STEINER: After the property you referred to earlier?
CAPRICORN CLARK: Yes.
MS. STEINER: Do you know approximately during what time period he lived at that property?
CAPRICORN CLARK: I couldn't be specific, but I know that it was before he actually found a house to buy.
MS. STEINER: And he was there in 2011?
CAPRICORN CLARK: Yes.
MS. STEINER: Generally, where was Ms. Ventura living at this time?
CAPRICORN CLARK: She still lived in New York on the West End.
MS. STEINER: Would Ms. Ventura visit Los Angeles?
CAPRICORN CLARK: She would.
MS. STEINER: And generally where would she stay in Los Angeles when she visited?
CAPRICORN CLARK: With him, Mr. Combs.
MS. STEINER: Did she stay anywhere else?
CAPRICORN CLARK: Yes.
MS. STEINER: Where?
CAPRICORN CLARK: With me or in a hotel.
MS. STEINER: How frequently was Ms. Ventura staying with you in 2011?
CAPRICORN CLARK: About 30 percent of the time. We had a lot of work.
MS. STEINER: She would stay in your -- was it an apartment?
CAPRICORN CLARK: Yes.
MS. STEINER: What was your relationship with Ms. Ventura at that time?
CAPRICORN CLARK: Creative director and manager and friend.
MS. STEINER: In December 2011, who, if anyone, was Ms. Ventura seeing aside from Mr. Combs?
CAPRICORN CLARK: Scott Mescudi, Kid Cudi.
MS. STEINER: Ms. Foster, if you can please put up in evidence Government Exhibit 2A-501.
MS. STEINER: Ms. Clark, do you recognize this individual?
CAPRICORN CLARK: Yes.
MS. STEINER: Who is this?
CAPRICORN CLARK: Scott Mescudi.
MS. STEINER: How did you refer to him?
CAPRICORN CLARK: Cudi.
MS. STEINER: Cudi.
MS. STEINER: We can take that down,
MS. STEINER: How did you learn that Mr. -- or that Ms. Ventura was seeing Mr. Mescudi?
CAPRICORN CLARK: She brought him to my apartment for a little hangout and we cooked.
MS. STEINER: Had you also been to his residence?
CAPRICORN CLARK: After, yes.
MS. STEINER: Did Ms. Ventura ever communicate directly with you about Mr. Mescudi?
CAPRICORN CLARK: Yes.
MS. STEINER: How did she communicate with you?
CAPRICORN CLARK: She had sent me a text. I was picking her up one day. We were going to Runyon Canyon, which is a Los Angeles place where you hike. And she asked if he could join us.
MS. STEINER: How did you react when you received that text message?
CAPRICORN CLARK: Not well. It was a bad idea. I responded, I don't think we should go to Runyon. There is too many people there. If he comes, we need to go to Fryman canyon. Delete this text.
MS. STEINER: Why did you direct Ms. Ventura to delete the text?
CAPRICORN CLARK: Because that's the second everything got so tricky when she texted me.
MS. STEINER: I just want to stop you for a moment, Ms. Clark. What, if any, concern did you have about Mr. Combs learning about Mr. Mescudi?
CAPRICORN CLARK: Very concerned.
MS. STEINER: Why did you believe -- Well, who paid for your phone?
CAPRICORN CLARK: Mr. Combs paid for my phone. She's texting me on the phone he pays for on a phone he pays for. It's not a good idea.
MS. STEINER: After that happened, did Ms. Ventura change the way that she communicated with Mr. Mescudi?
CAPRICORN CLARK: Yes.
MS. STEINER: How so?
CAPRICORN CLARK: I took her to Best Buy to buy a burner phone.
MS. STEINER: Why did you take her to Best Buy to buy a burner phone?
CAPRICORN CLARK: The way she was moving, she was going to get us all killed.
MS. STEINER: Was Mr. Combs --
MR. AGNIFILO: I'm sorry.
THE COURT: Sustained. The jury should disregard the witness's last answer.
MR. AGNIFILO: I had to check.
MS. STEINER: Was Mr. Combs in town at this time?
MS. STEINER: Approximately how long after this did Mr. Combs return to town?
CAPRICORN CLARK: Not long after.
MS. STEINER: And do you know if he and Ms. Ventura went anywhere after he returned?
CAPRICORN CLARK: Yes.
MS. STEINER: Where did they go?
CAPRICORN CLARK: Mr. C's. The Cipriani Hotel.
MS. STEINER: Where was the Cipriani Hotel located relative to your residence?
CAPRICORN CLARK: One city light away.
MS. STEINER: When did you next see Mr. Combs after he went to the Cipriani Hotel with Ms. Ventura?
CAPRICORN CLARK: I saw him the morning of December 22, 2011.
MS. STEINER: At approximately what time of day?
CAPRICORN CLARK: It was sometime between 5:30 and 6:00 o'clock in the morning.
MS. STEINER: What, if anything, did you hear at that time?
CAPRICORN CLARK: I heard a loud banging at my door.
MS. STEINER: What did the banging sound like?
CAPRICORN CLARK: Like metal on metal.
MS. STEINER: What material was your door made of?
CAPRICORN CLARK: Metal.
MS. STEINER: Did Mr. Combs have keys to your apartment, that you knew of?
CAPRICORN CLARK: He did not.
MS. STEINER: Were you able to observe who was outside of your door?
CAPRICORN CLARK: Yes.
MS. STEINER: How so?
CAPRICORN CLARK: Through the peephole.
MS. STEINER: What did you observe through the peephole of your door?
CAPRICORN CLARK: Mr. Combs.
MS. STEINER: Can you describe what you were able to observe through the peephole?
CAPRICORN CLARK: A very upset Puff. He was pacing. He was moving around a little bit. He was just anxious, I could tell. But he was furious, that was evident.
MR. AGNIFILO: I'm going to object to the question as what she saw.
THE COURT: Ms. Clark, when Ms. Steiner is asking you a question, just answer that question, and Ms. Steiner will ask you follow up as she needs it. OK?
THE COURT: Ms. Steiner.
MS. STEINER: Thank you, your Honor.
BY MS. STEINER:
MS. STEINER: Can you describe the movement of his body outside of your door?
CAPRICORN CLARK: He was pacing and the body language looked like he had something in his hand.
MS. STEINER: Why do you say that? Can you describe what you observed?
CAPRICORN CLARK: Just, like, the body language, I could see, like, his shoulders. It was something, like, he was moving in his hand. I couldn't really see through the peephole all the way down, but the body language was giving me, like, he's holding something.
MS. STEINER: Did you open the door for Mr. Combs?
CAPRICORN CLARK: I did.
MS. STEINER: Why?
CAPRICORN CLARK: He was upset. Part of my job is to make sure that the name and likeness is OK. And he's outside my door, I -- just get to it, what is this.
MS. STEINER: What did you observe when you opened your door?
CAPRICORN CLARK: I saw Mr. Combs.
MS. STEINER: Can you describe Mr. Combs at that time?
CAPRICORN CLARK: He had a white button-down shirt with a button-down sweater, business slacks, gray slacks, and nice shoes.
MS. STEINER: And can you describe what the slacks looked like?
CAPRICORN CLARK: His pants were gray and they were split, open from knee to knee through the crotch, so I could see his underwear.
MS. STEINER: Can you describe his face?
CAPRICORN CLARK: Furious, no glasses on.
MS. STEINER: Did you notice anything in his hand?
CAPRICORN CLARK: A gun.
MS. STEINER: Did Mr. Combs enter your apartment holding a gun?
CAPRICORN CLARK: Yes.
MS. STEINER: And when did Mr. Combs tell you once he was inside of your apartment?
CAPRICORN CLARK: He said, Why didn't you tell me?
MS. STEINER: How did you respond?
CAPRICORN CLARK: I said, I don't know what you're talking about.
MS. STEINER: What did he say next?
CAPRICORN CLARK: He said, who is Scott? I said, I don't know any Scott.
MS. STEINER: What did he say? What did Mr. Combs say after that?
CAPRICORN CLARK: He said, Kid Cudi. I said, Oh, Cassie's friend.
MS. STEINER: What, if anything, did Mr. Combs state about Kid Cudi, Mr. Mescudi?
CAPRICORN CLARK: He just said, Get dressed. We're going to go kill this nigga.
MS. STEINER: Who did you understand him to be referring to?
CAPRICORN CLARK: Cudi.
MS. STEINER: And when Mr. Combs said -- or directed you to get dressed to go and kill Cudi, Mr. Mescudi, where was the gun?
CAPRICORN CLARK: In his hand.
MS. STEINER: When Mr. Combs directed you to go get dressed, how did you respond?
CAPRICORN CLARK: I don't want to go.
MS. STEINER: How did Mr. Combs respond when you said you did not want to go?
CAPRICORN CLARK: He says, I don't give a fuck what you want to do. Go get dressed.
MS. STEINER: Was the gun still visible to you at this point?
CAPRICORN CLARK: He had put it in his waist when I moved to get dressed.
MS. STEINER: The waist of his pants?
CAPRICORN CLARK: Yes.
MS. STEINER: Can you please describe Mr. Combs' demeanor during this conversation where he directs you to get dressed?
CAPRICORN CLARK: Livid, furious, mad at me.
MS. STEINER: What, if any, concerns did you have for your safety?
CAPRICORN CLARK: I had never seen anything like this before. I had never -- he had never come to my house in the entire time I'd known him. I've never seen him with a weapon. I've never seen him making me do something like this.
MS. STEINER: Did you make any attempts to escape your apartment?
CAPRICORN CLARK: I did not.
MS. STEINER: Why not?
CAPRICORN CLARK: The way he was acting, I just felt like anything could happen.
MR. AGNIFILO: I'm going object to, Judge.
THE COURT: Let's move on, Ms. Steiner.
MS. STEINER: Ms. Clark, did you follow Mr. Combs' instructions and get dressed?
CAPRICORN CLARK: I did.
MS. STEINER: Did you leave your apartment building with Mr. Combs?
CAPRICORN CLARK: I did.
MS. STEINER: When you left your apartment building, did he still have the gun at that time?
CAPRICORN CLARK: He did.
MS. STEINER: Where was it?
CAPRICORN CLARK: When we got in the car, it was in his lap.
MS. STEINER: Before you got on the car, was it visible to you?
CAPRICORN CLARK: I was in front of him when we were walking to the car, so...
MS. STEINER: You don't know?
CAPRICORN CLARK: But he brought it with us, yes.
MS. STEINER: When you exited the building with Mr. Combs, who was there?
CAPRICORN CLARK: Ruben.
MS. STEINER: Can you remind the jury who Ruben is?
CAPRICORN CLARK: Ruben is D-Roc's little brother, security guard who was added last to the team.
MS. STEINER: Where was Ruben?
CAPRICORN CLARK: Ruben was in the driver's seat of the Cadillac Escalade.
MS. STEINER: What color was the Escalade?
CAPRICORN CLARK: Black.
MS. STEINER: Can you describe that car?
CAPRICORN CLARK: Black, Executive Class Cadillac Escalade with the captain chairs, so that you don't have to climb over the back seat. You can just walk through.
MS. STEINER: Is an Escalade an SUV?
CAPRICORN CLARK: Yes.
MS. STEINER: What seat was Ruben?
CAPRICORN CLARK: Driver's seat.
MS. STEINER: Did you get into the vehicle?
CAPRICORN CLARK: I did.
MS. STEINER: Where did you get into the vehicle?
CAPRICORN CLARK: The first row of the back seat on the right-hand side in the captain chair.
MS. STEINER: Did Mr. Combs enter the vehicle?
CAPRICORN CLARK: He did.
MS. STEINER: And where did he enter the vehicle?
CAPRICORN CLARK: In the back seat in the left captain chair behind Rube.
MS. STEINER: Was that next to where you were sitting?
CAPRICORN CLARK: Yes.
MS. STEINER: Is that where Mr. Combs would usually sit in his vehicle?
CAPRICORN CLARK: Not typically.
MS. STEINER: Where would he usually sit?
CAPRICORN CLARK: In the front passenger seat.
MS. STEINER: Where was the gun when Mr. Combs was sitting next to you?
CAPRICORN CLARK: In his lap.
MS. STEINER: Were you able to leave the Escalade?
MS. STEINER: Why not?
CAPRICORN CLARK: We were moving. But no, I was not allowed.
MS. STEINER: Before you got moving?
CAPRICORN CLARK: I was not allowed. It was very fast. We got in the car very quickly. It was immediately at the bottom of the stairwell.
MS. STEINER: When you say you were not allowed, did anyone tell you, you couldn't leave the Escalade?
CAPRICORN CLARK: It wasn't a conversation, it was where we were going. There was no conversation about being allowed to leave or anything.
MS. STEINER: There was no conversation, it happened very quickly?
CAPRICORN CLARK: Yes.
MS. STEINER: Where did you go with Mr. Combs and Rube?
CAPRICORN CLARK: We went to Cudi's house in the Hollywood Hills.
MS. STEINER: Approximately how long is the drive from your residence at the time to Mr. Mescudi's house?
CAPRICORN CLARK: If you're pushing it, you can do it 15, 20 minutes.
MS. STEINER: Ms. Foster, can you please put up just for the witness, the parties, and the court what has been marked for identification as Government Exhibit 2C-101.
MS. STEINER: Do you recognize this, Ms. Clark?
CAPRICORN CLARK: I do.
MS. STEINER: What is it?
CAPRICORN CLARK: Um, a map of my house to Cudi's house.
MS. STEINER: Is it a fair and accurate depiction of a map of your house to Cudi's house?
CAPRICORN CLARK: It is. It's not the route I would take, but it is.
MS. STEINER: Government offers Government Exhibit 2C-101.
MR. AGNIFILO: No objection.
THE COURT: 2C-101 will be admitted.
(Government's Exhibit 2C-101 received in evidence)
BY MS. STEINER:
MS. STEINER: Can you identify on this map where your residence was located at the time?
CAPRICORN CLARK: It's next to the Museum of Tolerance in Century City, 1420 Ambassador.
MS. STEINER: Can you identify where Mr. Mescudi's residence was at the time?
CAPRICORN CLARK: Cudi's house was at 8925 Hollywood Hills Road, up Laurel Canyon, a part of Laurel Canyon called Wonderland.
MS. STEINER: At the top of the map?
CAPRICORN CLARK: Yes.
MS. STEINER: Ms. Foster, please take that down and put up what is in evidence as Government Exhibit 8C-102.
MS. STEINER: Do you recognize this image?
CAPRICORN CLARK: I do.
MS. STEINER: What generally is depicted in this photograph?
CAPRICORN CLARK: Cudi's front door.
MS. STEINER: At the time you went to Mr. Mescudi's house, did you know whether or not he was home?
CAPRICORN CLARK: I did not.
MS. STEINER: What, if anything, did Mr. Combs and Rube do after you arrived at the home?
CAPRICORN CLARK: They entered the house.
MS. STEINER: Were you still in the car?
CAPRICORN CLARK: I stayed in the car.
MS. STEINER: Were you able to leave the car?
MS. STEINER: Why were you not able to leave?
CAPRICORN CLARK: I probably could have left, but I didn't.
MS. STEINER: What were you afraid of, if you left?
MR. AGNIFILO: Objection to the leading.
THE COURT: Sustained.
MS. STEINER: When you were in the car, were you able to see into the residence?
CAPRICORN CLARK: Yes.
MS. STEINER: How were you able to do that?
CAPRICORN CLARK: That door right there was open into the courtyard.
MS. STEINER: What did you observe Mr. Combs and Rube do on the property?
CAPRICORN CLARK: Fidget around, trying to gain access, and they gained access.
MS. STEINER: And what if -- when you say gained access, do you mean to the residence?
CAPRICORN CLARK: Yeah. Beyond this door is another outdoor courtyard area and there is another house door set back further past this door. So, yes.
MS. STEINER: Which did they gain -- what did you observe them gain access to?
CAPRICORN CLARK: After they gained access here, they gained access to the main door to the actual property that's beyond this wall.
MS. STEINER: What, if anything, did you do while Mr. Combs and Rube were on the property out of the car?
CAPRICORN CLARK: I called Cassie.
MS. STEINER: What phone number did you call her on?
CAPRICORN CLARK: On the burner phone.
MS. STEINER: And when did you tell Cassie when you called her?
CAPRICORN CLARK: Cassie, what the fuck? And I asked her where she was at.
MS. STEINER: What, if anything, else did you tell her?
CAPRICORN CLARK: I told her that Puff came, got me with a gun, and brought me to Cudi's house to kill him.
MS. STEINER: And what, if anything, did you do to the contact number for Cassie's burner phone on your phone after you made that call?
CAPRICORN CLARK: I changed it to my best friend's name. I changed it to Stormy.
MS. STEINER: Why is that?
CAPRICORN CLARK: I wasn't thinking very smart, but I just didn't want it to stay as Cassie's backup phone. I didn't want him to know it was Cassie's phone.
MS. STEINER: Who did you not want to know?
CAPRICORN CLARK: Puff.
MS. STEINER: And when you were speaking with Ms. Ventura on the phone, did you hear anyone else on the phone?
CAPRICORN CLARK: Yes.
MS. STEINER: Who did you hear?
CAPRICORN CLARK: I could hear yelling in the background.
MS. STEINER: What did you hear?
CAPRICORN CLARK: I heard someone say, He's in my house? And I said, Who is that? She said, Scott. And I could hear him running out. And I said, Cassie, stop him. He's going to come get himself killed. And she was like, I can't.
MS. STEINER: Did Mr. Combs return from the house to the vehicle after that call?
CAPRICORN CLARK: He did.
MS. STEINER: And what, if anything, did he do when he returned to the car?
CAPRICORN CLARK: He said, Who were you talking to?
MS. STEINER: What did he do next?
CAPRICORN CLARK: He asked to see my phone.
MS. STEINER: Did you give him your phone?
CAPRICORN CLARK: I did.
MS. STEINER: What happened next?
CAPRICORN CLARK: He called back the last number I was speaking to.
MS. STEINER: Was that Ms. Ventura's burner number?
CAPRICORN CLARK: It was.
MS. STEINER: And what did he say when he called back that number?
CAPRICORN CLARK: Bitch, what the fuck is this number?
MS. STEINER: And how, if at all, did Mr. Combs react to Cassie having or Ms. Ventura having a new number?
CAPRICORN CLARK: He livid, more so than already.
MS. STEINER: What, if anything, happened after Mr. Combs spoke with Ms. Ventura on your phone?
CAPRICORN CLARK: We heard a very fast-moving engine coming up the hill.
MS. STEINER: What happened next?
CAPRICORN CLARK: Out of the corner of my eye, I could see that it was Cudi. Puff looked at my face. I guess I gave him a visual cue that it was him. And he goes, There's that nigga right there.
MS. STEINER: What happened next?
CAPRICORN CLARK: Cudi pulled up next to the Cadillac Escalade, came to a complete stop, looked, and then took off and sped up the hill. Puff and Rube jumped in the car and we started chasing him.
MS. STEINER: How long was this chase?
CAPRICORN CLARK: It felt like forever, but couldn't have been longer than a minute.
MS. STEINER: What, if any, other cars did you observe while you were driving at this time?
CAPRICORN CLARK: Cudi lost us. We turned south, down Laurel Canyon. We heard sirens and we passed the police.
MS. STEINER: In what direction were the police headed?
CAPRICORN CLARK: They were headed north on Laurel Canyon. We were headed south on Laurel Canyon.
MS. STEINER: Were they headed in the direction of Mr. Mescudi's residence?
CAPRICORN CLARK: They were.
MS. STEINER: How, if at all, did Mr. Combs react to the police cars passing you?
CAPRICORN CLARK: It calmed him down.
MS. STEINER: Can you describe what you mean by that?
CAPRICORN CLARK: He just started to, maybe for the first time that morning, pull himself together.
MS. STEINER: Where did Rube and you and Mr. Combs go next?
CAPRICORN CLARK: We went -- we stopped at the Key Club.
MS. STEINER: And what, if anything, did Mr. Combs instruct you when you stopped at the Key Club?
CAPRICORN CLARK: Told me to call Cassie.
MS. STEINER: And just for context, how far is the Key Club from Mr. Mescudi's residence?
CAPRICORN CLARK: The Key Club is on Sunset. Maybe, depending on how you're driving, two and a half minutes down Sunset. West, west of Cudi's home.
MS. STEINER: And what is the Key Club?
CAPRICORN CLARK: Key Club was a nightclub that's been on Sunset forever. It's had a million names. It was the Key Club and then it was One Oak, and it's the Key Club again.
MS. STEINER: Did you follow Mr. Combs' instructions to get Ms. Ventura on the phone?
CAPRICORN CLARK: I did.
MS. STEINER: And what, if anything, did Mr. Combs instruct you to tell Ms. Ventura?
CAPRICORN CLARK: He told me to tell Cassie that he has me and he's not going to let me go until I come get her.
MS. STEINER: Did you convey that message to Ms. Ventura?
CAPRICORN CLARK: I did.
MS. STEINER: And when you conveyed that message to Ms. Ventura, where was Mr. Combs in the vehicle relative to yourself?
CAPRICORN CLARK: He was standing outside of the vehicle by my window.
MS. STEINER: And you said he was standing outside the vehicle by your window. Was he able to hear the discussion?
CAPRICORN CLARK: Yes.
MS. STEINER: Did you remain in the vehicle or did you exit the vehicle at any point?
CAPRICORN CLARK: I sat in the vehicle.
MS. STEINER: Why did you stay in the vehicle?
CAPRICORN CLARK: Because we were just stopping to make the call and then continuing on. He was the only person that got out. Rube didn't get out either.
MS. STEINER: How did Ms. Ventura respond when you told her Mr. Combs' message that I believe you said he has you and that -- Well, I don't want -- maybe you can say it. I don't want to mischaracterizes your...
CAPRICORN CLARK: He has me. He won't let me go until I come get you. To which Cassie said --
THE COURT: Hold on. Let's get the question.
MS. STEINER: What did Ms. Ventura respond?
CAPRICORN CLARK: She said, OK. Come get me.
MS. STEINER: Did you -- when Cassie, Ms. Ventura, said that, what was her tone?
CAPRICORN CLARK: Calm.
MS. STEINER: Did you return to Mr. Combs' residence after that call?
CAPRICORN CLARK: I did.
MS. STEINER: Who drove you there?
CAPRICORN CLARK: Ruben.
MS. STEINER: What, if any, instructions did Mr. Combs give you at that time?
CAPRICORN CLARK: Told me, once you get Cassie, you guys need to go talk with Cudi and convince him to not tell the police that it was me.
MS. STEINER: Did he tell you anything else?
CAPRICORN CLARK: He says, If you guys don't convince him of that, I'll kill all you motherfuckers.
MS. STEINER: What did you do after you arrived at Mr. Combs' residence?
CAPRICORN CLARK: I got in his staff vehicle, which is an older nondescript car, and I went and picked up Cassie.
MS. STEINER: Where did you pick her up from?
CAPRICORN CLARK: Sunset Marquis.
MS. STEINER: At a hotel?
CAPRICORN CLARK: Yes.
MS. STEINER: And where did you go with Ms. Ventura from the Sunset Marquis?
CAPRICORN CLARK: Back to Cudi's house.
MS. STEINER: Why did you return to Mr. Mescudi's residence?
CAPRICORN CLARK: Because we needed to talk to him. We needed to make sure that he wasn't going to make a police report about Puff.
MS. STEINER: What, if anything, did you convey to Mr. Mescudi and Ms. Ventura about what had happened earlier that day?
CAPRICORN CLARK: I had just, kind of, recounted the morning and let them know what had happened until I got with them. And they did the same. We all kind of told each other what had happened that morning while we were sitting there, smoking weed, trying to get our spines together to go.
MS. STEINER: What did you tell them had happened to you that morning?
CAPRICORN CLARK: I told them they came to my house with a gun and told me that I had to go with him to kill Cudi.
MS. STEINER: And who is the "him" in that sentence?
CAPRICORN CLARK: Puff.
MS. STEINER: What, if anything, did you inform Mr. Mescudi and Ms. Ventura about what Mr. Combs had told you?
CAPRICORN CLARK: I let them know what he said. And I said, If you tell on him, he's going to hurt us all.
MS. STEINER: What was Ms. Ventura's reaction when you said that?
CAPRICORN CLARK: Do you really think he will?
MS. STEINER: What was Mr. Mescudi's reaction, if you recall?
MR. AGNIFILO: I'm going to object to this.
THE COURT: What grounds?
MR. AGNIFILO: It's hearsay.
THE COURT: Sustained.
MS. STEINER: Your Honor, for a reaction, I'm looking not for a verbal reaction. I can phrase it that way.
THE COURT: And the question can be rephrased and we'll see if there is an objection.
MS. STEINER: Thank you, your Honor.
BY MS. STEINER:
MS. STEINER: What was Mr. Mescudi's appearance after you informed him of that?
CAPRICORN CLARK: Mind blown.
MR. AGNIFILO: I'll object to the answer as that being an appearance.
THE COURT: Objection is sustained. The jury should disregard the witness's last answer. Ms. Steiner, let's move on.
(Continued on next page)
BY MS. STEINER:
MS. STEINER: What did you do next with Ms. Ventura?
CAPRICORN CLARK: She and I went back to Puff's house.
MS. STEINER: And approximately what time of day is it now?
CAPRICORN CLARK: Maybe 11:00, maybe 11:30, somewhere around there. It started early.
MS. STEINER: Ms. Foster, can you please put up what's in evidence as Government Exhibit 2B-101.
MS. STEINER: What does this photograph depict?
CAPRICORN CLARK: This is Puff's second rental house in Los Angeles.
MS. STEINER: Is this the 9374 Beverly Crest address?
CAPRICORN CLARK: It is.
MS. STEINER: Is this where he was living in 2011?
CAPRICORN CLARK: It is.
MS. STEINER: Who is present in the house when and you Ms. Ventura arrived?
CAPRICORN CLARK: Puff and Rube.
MS. STEINER: Can you just indicate for the jury where you entered the house?
CAPRICORN CLARK: This visual is of the back of the house. We entered on the front side on the top level of the house into the vestibule.
MS. STEINER: So did you enter through the vestibule at the top of the house?
CAPRICORN CLARK: Yes.
MS. STEINER: We can take that down.
MS. STEINER: What happened after you and Ms. Ventura entered the vestibule of the house?
CAPRICORN CLARK: Puff was standing there in a robe and his underwear and he immediately began kicking Cassie.
MS. STEINER: Can you describe how Mr. Combs was kicking Ms. Ventura?
CAPRICORN CLARK: 100 percent full force, in her legs to begin with. She was facing him to start, and he kicked her in her -- in like the thigh and her leg. He kept kicking her. He never used his hands.
MS. STEINER: And you said he kept kicking her. Was he kicking her more than once?
CAPRICORN CLARK: Yes. He repeatedly kicked her and she just kept -- each kick, she would crouch into more and more of a fetal position.
MS. STEINER: And as Ms. Ventura was crouching more and more into a fetal position, can you describe where she was physically located?
CAPRICORN CLARK: Outside. By now, we were in the courtyard of the home, just outside of the vestibule. Every time she kicked, she moved back -- every time she got kicked, she moved back.
MS. STEINER: And approximately how far back did Ms. Ventura get moved back from the kicks?
CAPRICORN CLARK: Couple steps each time.
MS. STEINER: And in total?
CAPRICORN CLARK: All the way to the street.
MS. STEINER: Approximately how far is that?
CAPRICORN CLARK: Maybe 20 feet.
MS. STEINER: And you said that Ms. Ventura kept crouching further into the fetal position; is that correct?
CAPRICORN CLARK: Yes.
MS. STEINER: And by the time she reached the street, can you describe what her body looked like?
CAPRICORN CLARK: She was all the way on the ground in full fetal position.
MS. STEINER: What was Mr. Combs doing to Ms. Ventura in the street when she was on the ground and in full fetal?
CAPRICORN CLARK: She wasn't doing anything. She was crying silently.
MS. STEINER: What if anything was Mr. Combs doing to her?
CAPRICORN CLARK: Kicking her.
MS. STEINER: Where was he kicking her when she was on the ground?
CAPRICORN CLARK: He back.
MS. STEINER: Anywhere else?
CAPRICORN CLARK: It was her back, her backside. She was here, so whatever was revealed, what was ever off the ground side, he was kicking her.
MS. STEINER: How far were you from Ms. Ventura while this was happening?
CAPRICORN CLARK: No more than 5 feet.
MS. STEINER: Was Rube present?
CAPRICORN CLARK: He was.
MS. STEINER: And how far was he from Ms. Ventura?
CAPRICORN CLARK: No more than 5 feet.
MS. STEINER: What if anything did Mr. Combs tell you while he was kicking Ms. Ventura?
CAPRICORN CLARK: He said if I jump in, he was going to fuck me up too.
MS. STEINER: Did you intervene?
CAPRICORN CLARK: I did not.
MS. STEINER: Why not?
CAPRICORN CLARK: I had never seen him do that, and I was in shock. And I was -- my heart -- I was -- my heart was breaking for seeing her get hit like that.
MR. AGNIFILO: I'm going to object, your Honor.
THE COURT: Objection is sustained. The jury should disregard the last sentence of the witness's answer. Ms. Steiner, let's move on.
BY MS. STEINER:
MS. STEINER: You testified, Ms. Clark, that Rube was also present and close to Ms. Ventura when this was happening; is that right?
CAPRICORN CLARK: Yeah.
MS. STEINER: What if anything did Rube do to intervene?
CAPRICORN CLARK: Absolutely nothing.
MS. STEINER: Who, if anyone, did you contact after you observed that Rube was not intervening?
CAPRICORN CLARK: I called D-Roc.
MS. STEINER: What did you tell D-Roc?
CAPRICORN CLARK: I said tell your brother to stop him.
MS. STEINER: And when you say him, who are you referring to?
CAPRICORN CLARK: Puff.
MS. STEINER: What did you explain to D-Roc was happening?
CAPRICORN CLARK: That he was kicking the shit out of Cassie.
MS. STEINER: And when you say him, who are you referring to?
CAPRICORN CLARK: Puff.
MS. STEINER: Did you contact anyone else aside from D-Roc?
CAPRICORN CLARK: I did.
MS. STEINER: Who did you contact?
CAPRICORN CLARK: Paul Offert.
MS. STEINER: Why did you contact Paul?
CAPRICORN CLARK: I didn't see Rube's phone ringing.
MS. STEINER: Was Mr. Offert D-Roc and Rube's supervisor?
CAPRICORN CLARK: He was.
MS. STEINER: What did you inform Mr. Offert?
CAPRICORN CLARK: Same thing. I said, Paul, he's kicking the shit out of her. Help her.
MS. STEINER: How did Mr. Offert respond?
CAPRICORN CLARK: I'll handle it.
MS. STEINER: And while you were there, did you ever observe Rube intervening?
CAPRICORN CLARK: Never.
MS. STEINER: What if anything did Mr. Combs tell you after you made these calls?
CAPRICORN CLARK: He said matter of fact, you get the fuck out of my house.
MS. STEINER: Did you leave his house?
CAPRICORN CLARK: On foot, I walked, yes. I walked.
MS. STEINER: Why did you leave on foot?
CAPRICORN CLARK: They had taken me from my home. I had no vehicle.
MS. STEINER: After you left, do you know if the beating -- or do you know if Ms. -- Mr. Combs continued to kick Ms. Ventura?
THE COURT: Let's move on. Or you can rephrase the question.
MS. STEINER: Yeah, I'll rephrase, your Honor.
MS. STEINER: After you left the property, were you still able to hear what was going on?
CAPRICORN CLARK: I could.
MS. STEINER: And what did you hear?
THE COURT: Wait. You got to lay some more foundation for this.
MS. STEINER: How far were you from the home?
CAPRICORN CLARK: I started getting feet away.
MS. STEINER: Feet away?
CAPRICORN CLARK: Feet away.
MS. STEINER: Okay. Were you still able to see Ms. Ventura at that point?
CAPRICORN CLARK: Yes. I could see her until I hit the bend. It's a mountain ring, so once you get out of view, when you turn the corner, she's out of view.
MS. STEINER: And were you also able to hear her?
MS. STEINER: You were not able to hear her. Were you able to see her?
MS. STEINER: Let me clarify. I think I've asked some confusing questions now. When you were leaving the property, were you able to see Ms. Ventura until you turned the bend on the street?
CAPRICORN CLARK: I was able to see her. She was still on the ground, yes.
MS. STEINER: And while she was still on the ground while you're walking away, what was happening?
CAPRICORN CLARK: He was still kicking her.
MS. STEINER: Who is he?
CAPRICORN CLARK: Puff was still kicking her.
MS. STEINER: Who if anyone did you call when you left the property?
CAPRICORN CLARK: Regina Ventura.
MS. STEINER: Who is Ms. Ventura?
CAPRICORN CLARK: Cassie's mom.
MS. STEINER: And what if anything did you inform Ms. Ventura?
CAPRICORN CLARK: I told her mom, I say he's beating the shit out of your daughter, I'm in over my head. Please help her. I can't call the police, but you can. Please help her. She said I'll handle it. And we hung up.
MS. STEINER: After that call, Ms. Clark, did you call the police?
CAPRICORN CLARK: I did not.
MS. STEINER: Why didn't you call the police?
CAPRICORN CLARK: The mission of the day was to get Cudi not to involve the police, so that was certainly counterintuitive.
MS. STEINER: And later that day, did you see Ms. Ventura again?
CAPRICORN CLARK: I did.
MS. STEINER: Where did you see her at that time?
CAPRICORN CLARK: I went to the Cipriani Hotel to check on her.
MS. STEINER: Is that the room where she had been staying with Mr. Combs the night before?
CAPRICORN CLARK: Yes.
MS. STEINER: That's near your own apartment at the time?
CAPRICORN CLARK: Yes.
MS. STEINER: Did you enter the room where she had been staying with Mr. Combs?
CAPRICORN CLARK: Yes.
MS. STEINER: And can you describe what the room looked like?
CAPRICORN CLARK: Things were thrown around everywhere. All her belongings were scattered, her purses were toppled over. There was no broken furniture, but the room was in complete disarray.
MS. STEINER: Ms. Foster, can you please bring up what's in evidence as Government Exhibit B-315.
MS. STEINER: Ms. Clark, is this an e-mail that was sent to your work e-mail?
CAPRICORN CLARK: Looks like it.
MS. STEINER: Is Capricorn1@tmo@blackberry.net your work e-mail at the time?
CAPRICORN CLARK: Yes.
MS. STEINER: It's sent from Veronica Bang; who is that?
CAPRICORN CLARK: Cassie.
MS. STEINER: And it's sent on December 23rd, 2011. Was that the day after this incident?
CAPRICORN CLARK: Yes.
MS. STEINER: Can you please read the message?
CAPRICORN CLARK: Threats -- the threats that have been made towards me by Sean Puffy Combs are that he is going to release two explicit sex tapes of me. One on Christmas day, maybe before or right after, and another one some time soon after that. He has also said that he will be having someone hurt me and Scott Mescudi physically. He made a point that it wouldn't be by his hands, he actually said he'd be out of the country when it happened.
MS. STEINER: Ms. Clark, do you recall if you responded to this e-mail?
CAPRICORN CLARK: I don't.
MS. STEINER: You can take this down.
MS. STEINER: Following the incident in December 2011 that you just described, did law enforcement ever contact you about Mr. Mescudi?
CAPRICORN CLARK: They did.
MS. STEINER: Who contacted you?
CAPRICORN CLARK: The arson investigators.
MS. STEINER: And approximately when did they contact you?
CAPRICORN CLARK: Summer of 2012.
MS. STEINER: And what if anything did the arson investigator request of you at that time?
CAPRICORN CLARK: He wanted me to make a statement.
MS. STEINER: A statement about what?
CAPRICORN CLARK: About what had happened. Cudi had provided my name to them.
MS. STEINER: And when you say what had happened, are you referring to what had happened in December 2011?
CAPRICORN CLARK: Yes.
MS. STEINER: Did you provide a statement to the arson investigator?
CAPRICORN CLARK: I did not.
MS. STEINER: Why not?
CAPRICORN CLARK: Just like the police, I hung up the phone.
MS. STEINER: Can you explain why you hung up the phone?
CAPRICORN CLARK: Just -- I wanted this whole thing to be over and that was just going to make it worse.
MS. STEINER: Prior to receiving the phone call from the arson investigator, did you know any details about what had happened to Mr. Mescudi involving arson?
MS. STEINER: Did you ever discuss an arson related to Mr. Mescudi with Mr. Combs?
CAPRICORN CLARK: Never.
MS. STEINER: Following the incident in December of 2011, what if any questions did Mr. Combs ask you about Ms. Ventura's relationship with Mr. Mescudi?
CAPRICORN CLARK: He just asked the same thing, when did I know about it, why didn't I tell him.
MS. STEINER: And what was his demeanor when he was asking you this?
CAPRICORN CLARK: Very angry.
MS. STEINER: Did he tell you anything else?
CAPRICORN CLARK: He was very upset and he said I should kill you bitches and I should cut her face.
MS. STEINER: How frequently after this incident in December of 2011 was Mr. Combs making threats to you?
CAPRICORN CLARK: Often.
MS. STEINER: Approximately how many times?
CAPRICORN CLARK: I'd say once we got to December 2011 and to that summer, I would say 50.
MS. STEINER: Who was present when Mr. Combs was asking these questions and making these threats?
CAPRICORN CLARK: D-Roc and Cassie.
MS. STEINER: And what was D-Roc doing during these discussions?
CAPRICORN CLARK: Questioning us.
MS. STEINER: And what if anything did he do when Mr. Combs made these threats?
CAPRICORN CLARK: He just doubled down on whatever Puff was saying in the moment.
MS. STEINER: What if anything did Mr. Combs instruct you with respect to Ms. Ventura after December 2011?
CAPRICORN CLARK: That we weren't to really be friends anymore. I could just see her for work.
MS. STEINER: Did your relationship with Ms. Ventura change after that time?
CAPRICORN CLARK: It did. It did.
MS. STEINER: Following what occurred in December of 2011, who if anyone at Bad Boy did you report the incident to?
CAPRICORN CLARK: Love Whelchel, the head of HR, and Harve Pierre.
MS. STEINER: Ms. Foster, can you please put up what's in evidence as Government Exhibit 2A-319.
MS. STEINER: Do you recognize image?
CAPRICORN CLARK: Yes.
MS. STEINER: And who is depicted in it?
CAPRICORN CLARK: Harve Pierre.
MS. STEINER: Who is Harve Pierre?
CAPRICORN CLARK: He was the president of Bad Boy Records.
MS. STEINER: Take that down.
MS. STEINER: Ms. Clark, approximately when did you speak to Mr. Pierre about what happened in December 2011?
CAPRICORN CLARK: In March, in Miami.
MS. STEINER: March of --
CAPRICORN CLARK: 2012.
MS. STEINER: 2012. And what specifically did you inform Mr. Pierre at that time?
CAPRICORN CLARK: I told him that Puff kidnapped me with a gun and came to take me to kill Kid Cudi, and he beat up Cassie all in one day.
MS. STEINER: How did Mr. Pierre respond when you told him that?
CAPRICORN CLARK: He was like that's crazy. He was like but it's going to be okay.
MS. STEINER: Did Mr. Pierre ever mention calling the police?
MS. STEINER: Following this incident, what if any disciplinary action was taken against you at work?
CAPRICORN CLARK: I was put on a 30-day notice.
MS. STEINER: Approximately when, if you recall?
CAPRICORN CLARK: I don't.
MS. STEINER: Did there come a time in August of 2012 that you were terminated from your position?
CAPRICORN CLARK: I was.
MS. STEINER: Was that a few months after your conversation with Mr. Pierre?
CAPRICORN CLARK: Yes.
MS. STEINER: And what if any misconduct were you accused of at that time?
CAPRICORN CLARK: I was accused of not properly putting in for the vacation that I was on.
MS. STEINER: Had you sought authorization for your vacation?
CAPRICORN CLARK: I did.
MS. STEINER: From who?
CAPRICORN CLARK: Harve Pierre.
MS. STEINER: During your years of employment for Mr. Combs, had you previously taken a vacation?
CAPRICORN CLARK: Never.
MS. STEINER: Why not?
CAPRICORN CLARK: Didn't have enough money, or -- it really wasn't feasible. But as a global brand director, I had more bandwidth to be free.
MS. STEINER: Were you still in contact with employees from HR while you were on vacation?
CAPRICORN CLARK: Yes.
MS. STEINER: And what if anything did you -- and who specifically?
CAPRICORN CLARK: Love Whelchel.
MS. STEINER: And what did you tell Mr. Whelchel when you were on vacation?
CAPRICORN CLARK: They started sending me work to do when I was on vacation for Cassie. And I said to Love, I said they're harassing me. And I explained he's mad at me because I didn't tell him his girlfriend was cheating on him.
MS. STEINER: What happened next?
CAPRICORN CLARK: I was called to the office and I was terminated.
MS. STEINER: Who called you to the office?
CAPRICORN CLARK: Love Whelchel.
MS. STEINER: What if any benefits did you lose when you were terminated?
CAPRICORN CLARK: All of them.
MS. STEINER: What does that include?
CAPRICORN CLARK: Health, 401k, you know, whatever benefits I had at the time.
MS. STEINER: Was your house paid for by the company?
CAPRICORN CLARK: Yes.
MS. STEINER: Did you lose that funding?
CAPRICORN CLARK: Yes.
MS. STEINER: How about your car?
CAPRICORN CLARK: Lost the car.
MS. STEINER: Following your termination, did you have any additional discussions with Mr. Combs?
CAPRICORN CLARK: I did.
MS. STEINER: And what do you recall him saying in those discussions?
CAPRICORN CLARK: That I would never work again, that he would show me that all these people weren't my friends, that he would make me kill myself.
MS. STEINER: Following your termination, did you seek other employment?
CAPRICORN CLARK: I did.
MS. STEINER: Did you receive job offers?
CAPRICORN CLARK: I got a job, yes.
MS. STEINER: Did that job fall through?
CAPRICORN CLARK: It did.
MS. STEINER: Were you ultimately able to obtain and keep employment?
MS. STEINER: Following your termination, did you reach out to Mr. Combs' attorneys?
CAPRICORN CLARK: Yes.
MS. STEINER: And did you reach a settlement with Mr. Combs?
CAPRICORN CLARK: I did.
MS. STEINER: If you recall, approximately when was that?
CAPRICORN CLARK: That was in like October of 2012.
MS. STEINER: And was that based on allegations of wrongful termination?
CAPRICORN CLARK: It was based on -- yes, wrongful termination.
MS. STEINER: Under the terms of the agreement, approximately how much were you paid for --
MR. AGNIFILO: I'm going to object, Judge.
THE COURT: I think you can rephrase the question if you want to ask.
MS. STEINER: Okay.
THE COURT: I mean, was it a form objection or is there a different basis?
MR. AGNIFILO: Can we approach for a second.
THE COURT: You may.
(Continued on next page)
(At sidebar)
THE COURT: Ms. Steiner, I take it that you're almost done with your examination.
MS. STEINER: I am, yes.
THE COURT: And then we'll take a short break and come back. Mr. Agnifilo.
MR. AGNIFILO: So the objection, I don't know that the amount of the objection is relevant. And, I mean, I would say it's unduly prejudicial. I mean, I don't intend to get into it. I don't know how it advances the relevant issues in this case what the settlement was for.
THE COURT: Are you going to address the settlement?
MR. AGNIFILO: Not if they don't. I mean, that there was a settlement, but not -- I'm not getting into the details.
THE COURT: Let's move on for the time being. And depending on what Mr. Agnifilo does, you may be able to address the issue in redirect examination.
MS. STEINER: That's fine. I do want to flag for the Court I intend to address a couple of the terms, not financial terms, but the other terms of the agreement.
THE COURT: What are those terms?
MS. STEINER: The terms would include that they not disclose anything that had occurred and Ms. Ventura was also --
THE COURT: Again, I think I want to see what the cross-examination is.
MS. STEINER: Okay.
THE COURT: We can get into it on redirect.
MS. STEINER: Sure.
(Continued on next page)
(In open court; jury present)
THE COURT: Ms. Steiner.
MS. STEINER: Thank you, your Honor.
MS. STEINER: Ms. Clark, aside from this settlement agreement, have you received any compensation from Mr. Combs in connection with your termination?
MS. STEINER: Do you have any pending civil litigation against him?
CAPRICORN CLARK: I do not.
MS. STEINER: Did you briefly return to work for Mr. Combs after this?
CAPRICORN CLARK: I did.
MS. STEINER: When was that?
CAPRICORN CLARK: 2016.
MS. STEINER: And why did you return to work for him at that time?
CAPRICORN CLARK: I wanted to try to get my life back.
MS. STEINER: Were you able to obtain other work?
MS. STEINER: What was your role in 2016?
CAPRICORN CLARK: Creative director for Casandra Ventura.
MS. STEINER: What were your job responsibilities as Ms. Ventura's creative director?
CAPRICORN CLARK: She had a new record deal with Epic. It was once again to try to figure out how to maximize her, figure out a new look, a new direction to accompany the music she was working on.
MS. STEINER: Who did you report to?
CAPRICORN CLARK: Sean Combs.
MS. STEINER: And who if anyone provided approval to Ms. Ventura's projects?
CAPRICORN CLARK: Sean Combs.
MS. STEINER: And what projects of Ms. Ventura's required approval by Mr. Combs?
CAPRICORN CLARK: All of them.
MS. STEINER: Can you describe what they might include?
CAPRICORN CLARK: Oh, mini-movie, video shoot, photo shoot, red carpet look, schedule, what day we're -- you know, soup to nuts. We needed to get approval for our movement as it related to Cassie.
MS. STEINER: Based on your observations of Ms. Ventura during this period, what if any changes did you notice in her drug use?
CAPRICORN CLARK: She was much worse off.
MS. STEINER: Was there an increase in her drug use?
CAPRICORN CLARK: Absolutely.
MS. STEINER: Was she still dating Mr. Combs during this period?
CAPRICORN CLARK: She was.
MS. STEINER: And when did you leave this position?
CAPRICORN CLARK: 2018.
MS. STEINER: And is that the last time you worked with Ms. Ventura?
CAPRICORN CLARK: Yes.
MS. STEINER: I want to direct your attention finally to December of 2023.
CAPRICORN CLARK: Yes.
MS. STEINER: Did there come a time when you retained an attorney in connection with your prior employment for Mr. Combs?
CAPRICORN CLARK: Yes.
MS. STEINER: Why did you retain an attorney at that time?
CAPRICORN CLARK: I was upset about Cassie's civil complaint.
MS. STEINER: Did her complaint reference you?
CAPRICORN CLARK: Not at all. It traumatized me.
MS. STEINER: Because it did not reference you; is that what you're referring to?
CAPRICORN CLARK: She did not mention me at all.
MS. STEINER: Did there later come a time when you met with Mr. Combs' attorneys in April of 2024?
CAPRICORN CLARK: I did.
MS. STEINER: And during that meeting, did you inform Mr. -- well, what did you inform Mr. Combs' attorneys?
CAPRICORN CLARK: That I wanted my life back.
MS. STEINER: And did you discuss what had occurred during December of 2011?
CAPRICORN CLARK: I did.
MS. STEINER: What did you inform his attorneys?
CAPRICORN CLARK: I told them that he kidnapped me and I went through the events of the day.
MR. AGNIFILO: Your Honor, I'm going to object as this is hearsay.
THE COURT: In terms of what this witness said?
MR. AGNIFILO: Just, yeah, in terms of -- right.
THE COURT: Or are you anticipating the follow-up questions?
MR. AGNIFILO: No, no. That the question and the answer.
MS. STEINER: I'm not going to elicit the response, your Honor.
THE COURT: Overrule the objection. Ms. Steiner, you can continue. Next question.
MS. STEINER: Ms. Clark were there any discussions about you working in some capacity again for Mr. Combs' companies?
CAPRICORN CLARK: There was.
MS. STEINER: And just generally what was discussed?
CAPRICORN CLARK: Like what it would look like if I came in as chief of staff, got him up out of there, put him in rehab, so that somebody that was around in the inception of a lot of his business deals would be back in place.
MS. STEINER: Did you hear from Mr. Combs' attorneys again?
MS. STEINER: When is the last time, Ms. Clark, that you communicated with Ms. Ventura?
CAPRICORN CLARK: 2018.
MS. STEINER: And when's the last time you communicated with Mr. Mescudi?
CAPRICORN CLARK: 2012.
MS. STEINER: No further questions at this time, your Honor.
THE COURT: All right. This is a good time for us to --
MR. AGNIFILO: Can I start and then have a break? Unless we all want to stop now, whatever you want to do.
THE COURT: Well, we're taking a break which is what I was doing and then we'll come back.
MR. AGNIFILO: Okay. I will take a break too.
THE COURT: Thank you. Members of the jury, we will take a short break. It's 11:14. We'll come back at 11:40. All rise for the jury.
(Continued on next page)
(In open court; jury not present)
THE COURT: Ms. Clark, we'll see you back here at 11:30. Thank you very much.
CAPRICORN CLARK: Thank you, Judge.
THE COURT: Please be seated. Mr. Agnifilo, just briefly, I know people want to take a break. But can you just give me more on the objection as to the discussion with the attorneys.
MR. AGNIFILO: No, it's fine. I just thought it was -- essentially hearsay. You know, what she had told us. But I mean, we talked about this beforehand. I knew she was going to --
THE COURT: If you're saying it's okay, then I will stop asking about this.
MR. AGNIFILO: Hold on. Wait. Hold on. It's fine. We had discussed it beforehand.
THE COURT: I'm hearing it's fine, so objection withdrawn.
MR. AGNIFILO: Yeah, I'll withdraw the objection.
THE COURT: Okay. Any further issues to address before we take our break?
MR. AGNIFILO: Nothing, Judge. Thank you.
THE COURT: Very good. We'll be back at 11:30.
(Recess)
THE COURT: Anything to address before Ms. Clark comes back?
MS. STEINER: Not from the government, your Honor.
MR. AGNIFILO: Not from us, Judge.
THE COURT: All right. So let's have her back and we'll bring in our jury.
(Continued on next page)
(In open court; jury present)
THE COURT: Please be seated. Welcome back. Ms. Clark, you understand you're still under oath?
CAPRICORN CLARK: Yes, sir.
THE COURT: Mr. Agnifilo, when you're ready.