DIRECT EXAMINATION BY MS. SMYSER:
MS. SMYSER: Good morning, Mia.
MS. SMYSER: Could you please state and spell the name under which you are testifying?
MS. SMYSER: Mia, have you asked to testify under a pseudonym to protect your privacy?
MS. SMYSER: I am going to show you what's been marked for identification as Government Exhibit 3T-113 just for the witness only.
THE COURT: Ms. Comey, is there an issue?
MS. COMEY: I just wanted to make sure that the screens in the overflow room are turned off for this exhibit, your Honor, only.
THE COURT: Can I ask the deputy, is there a way to confirm that?
COURT CLERK: That is confirmed, your Honor, so long as the monitor is also disabled.
MS. COMEY: Thank you so much, your Honor.
THE COURT: Ms. Smyser.
MS. SMYSER: Thank you, your Honor.
MS. SMYSER: Do you see that Mia?
MS. SMYSER: Do you recognize this?
MS. SMYSER: What is it?
MS. SMYSER: Your Honor, the government offers Government Exhibit 3T-113 under seal pursuant to the Court's pseudonym order.
THE COURT: 3T-113 will be admitted under seal.
(Government Exhibit 3T-113 received in evidence)
MS. SMYSER: Mia, is the name on this exhibit your true name?
MS. SMYSER: Is the date of birth on this exhibit your true date of birth?
MS. SMYSER: And before we move on, could you please display that for the jury only.
MR. STEEL: May I ask a question, your Honor?
THE COURT: Do you need a sidebar, or can you ask this question in open court?
MR. STEEL: I believe so. It's not on our monitor either.
THE COURT: Yes, that's correct. Do you need to see it?
MR. STEEL: I would like to. I know what it is, this one, but I would like to in the future, yes.
THE COURT: Do we have a copy of it?
MS. COMEY: I have an iPad that I can provide to Mr. Steel that will have it. I'll pull it up for him now, if Mr. Steel is OK with us proceeding while I do that.
THE COURT: Ms. Smyser.
MS. SMYSER: Thank you, your Honor.
You can take that down now.
MS. SMYSER: Mia, where are you from?
MS. SMYSER: How far did you go in school?
MS. SMYSER: What was your degree in?
MS. SMYSER: I am going to show you what's in evidence as Government Exhibit 2A-101.
MS. SMYSER: It's fine to reconnect the feed.
MS. SMYSER: Do you recognize who is depicted here?
MS. SMYSER: Who is that?
MS. SMYSER: Do you know Mr. Combs by any other names?
MS. SMYSER: What names do you know him by?
MS. SMYSER: What did you call him?
MS. SMYSER: How do you know Mr. Combs?
MS. SMYSER: When you worked for him, did Mr. Combs give you one title or more than one title?
MS. SMYSER: How many?
MS. SMYSER: What were those two titles?
MS. SMYSER: We will discuss each of those roles in a moment, Mia.
But, first, at a high level, could you describe what the work environment was like when you were working for Mr. Combs.
MIA: It was chaotic, it was -- could be toxic, it could be exciting. The highs were really high and the lows were really, really low.
MS. SMYSER: What determined what the environment was like on a particular day?
MS. SMYSER: How often did Mr. Combs' mood shift?
MS. SMYSER: You can take that down, Ms. Foster.
MS. SMYSER: Mia, was Mr. Combs ever violent toward you?
MS. SMYSER: What are some of the violent things that Mr. Combs has done to you.
MIA: He has thrown things at me. He has thrown me against the wall. He has thrown me into a pool. He has thrown an ice bucket on my head. He has slammed my arm into a door. He has also sexually assaulted me.
MS. SMYSER: Did Mr. Combs sexually assault you on one occasion or more than one occasion?
MS. SMYSER: We will talk about this violence in more detail later, Mia.
Before we get there, I want to talk a little about your work experience before getting a job with Mr. Combs.
What were your career goals when you left college?
MIA: I really loved storytelling and film and TV, especially comedy, and I really wanted to be a writer and a performer, but I didn't know how to do that because this was like a different era, before social media or iPhones or access.
So I thought I could just put a mattress on the top of my car and move to New York City and get a job somehow in the entertainment industry and work really, really, really hard, and maybe in like 10 years I would have had the education and experience to navigate that world to make whatever those dreams were come true.
MS. SMYSER: At some point did there come a time when you got a job in the entertainment industry?
MS. SMYSER: Where was that for initially?
MS. SMYSER: Who were Georgina's Chapman's clients?
MS. SMYSER: Where did you work next?
MS. SMYSER: What did you do for Mike Myers.
MS. SMYSER: Who did you work for after Mike Myers?
MS. SMYSER: Approximately when did you begin working for Mr. Combs?
MS. SMYSER: In what year did you leave Mr. Combs' companies?
MS. SMYSER: I want to talk some about when you first got the job with Mr. Combs. How old were you when you applied to work for him?
MS. SMYSER: Where were you living at the time?
MS. SMYSER: Where was Mr. Combs' business located then?
MS. SMYSER: What were the steps in the hiring process?
MIA: I met with a recruiter multiple times, and then I had multiple interviews with the head of HR, Vashta Wilson. Then, after that, I had an interview with his chief of staff and executive assistant and head of personal finance.
MS. SMYSER: Who was his chief of staff at the time?
MS. SMYSER: What about the executive assistant?
MS. SMYSER: Finally, who was the person in personal finance?
MS. SMYSER: Ms. Foster, could you please pull up what's in evidence as Government Exhibit 2A-305.
MS. SMYSER: Who is this, Mia?
MS. SMYSER: Did Ms. Fletcher have any other titles when you were there?
MS. SMYSER: What?
MS. SMYSER: You can take that down, Ms. Foster.
MS. SMYSER: Mia, were you ever interviewed by Mr. Combs himself?
MS. SMYSER: Where did that interview take place?
MS. SMYSER: Did anyone accompany you to his apartment?
MS. SMYSER: Who?
MS. SMYSER: The head of human resources?
MS. SMYSER: What happened when you got to Mr. Combs' apartment?
MS. SMYSER: Who answered the door?
MS. SMYSER: What was he wearing when he answered the door?
MS. SMYSER: What did Vashta do when Mr. Combs answered the door in his underwear?
MS. SMYSER: Did Mr. Combs eventually put on clothes?
MS. SMYSER: Who else was around for the interview?
MS. SMYSER: What's Derek's last name?
MS. SMYSER: Did you ultimately get the job?
MS. SMYSER: How did you feel about getting the job?
MIA: I was so excited and just -- I was so excited, so nervous, but -- and just really eager and excited, I guess.
MS. SMYSER: When you took the job, how much did you expect to work?
MIA: I was explained that it would be a lot. There were a few jokes about 24-hour nail salons thrown in. But I guess I didn't fully understand. Yeah. I did expect to work more than an average job.
MS. SMYSER: Did you expect to work 24/7?
(Continued on next page)
BY MS. SMYSER:
MS. SMYSER: How much had you worked for Mike Myers?
MIA: He also said 24/7. But really, I just, I mean, maybe every once in a while I would get a call at 7:00 or maybe on the weekends I would have to watch his dog, but it was pretty much 10:00 to 6:00 every day, Monday through Friday.
MS. SMYSER: Were you supposed to have any days off with Mr. Combs?
MS. SMYSER: Did you expect to work on the weekends?
MIA: Not every weekend. I thought that there would be like a rotation of assistants. But I didn't expect not to work at all on weekends if that makes sense.
MS. SMYSER: What was your base salary when you started as a personal assistant?
MS. SMYSER: And when you started the job, how many hours a week did you understand that you were expected to work to earn your salary?
MS. SMYSER: How often did you work more than 40 hours a week?
MS. SMYSER: And how were you supposed to be compensated when you worked more than 40 hours a week?
MS. SMYSER: I want to talk about your first day at work, Mia.
What's the first thing you did on your first day of work for Mr. Combs?
MIA: I went to the office, and Vashta told me that I probably wouldn't see Puff for the next two weeks while I was on trial, and I was going to get accustomed to the office and sort of all the things that went into making his life run smooth.
MS. SMYSER: Let me just pause you there, Mia.
You said while you were on trial. What do you mean by that?
MIA: It was -- Vashta had said that there were so many people vying for this position, that they had to -- they had a trial period that would last two weeks to see if you, I guess, like had what it took essentially.
MS. SMYSER: And where did Vashta tell you to go?
MS. SMYSER: And what did you do at the Alpine house, just at a high level?
MIA: They told me, I don't know, to do like some sort of inventory or take note of what needed attention.
MS. SMYSER: Did you go there?
MS. SMYSER: Approximately how long were you at the Alpine house?
MIA: I was there all day. I left when it was dark out, but it wasn't super late. Like, maybe like, yeah, just had been dark out.
MS. SMYSER: And where did you go after the Alpine house?
MS. SMYSER: And how long were you at the office?
MS. SMYSER: And what time is it around this time?
MIA: For some reason I feel like it was maybe 10:00 when I left because I just was meeting with new people and learning more stuff.
MS. SMYSER: Where did you go after that?
MS. SMYSER: Did you make it home?
MS. SMYSER: Why not?
MS. SMYSER: What did you do after you got the call?
MS. SMYSER: How long were you at the studio?
MS. SMYSER: Did you get to go home after that, after being at the studio until 1:00 p.m. the next day?
MS. SMYSER: Where did you go instead?
MS. SMYSER: And what did you have to do there?
MIA: I was learning the -- we all -- so like his security and his assistants and whoever needed to -- whenever Puff was ready to essentially settle in, you went back and made sure and had everything he needed, and they were showing me how you set up and, yeah.
MS. SMYSER: And when did you get to go home?
MS. SMYSER: How long were you able to be home before you had to return to work?
MIA: I don't remember the exact amount of time. I just remember being too nervous to risk it by, like, taking a nap because I -- like, the time period wasn't that long. So essentially just to kind of rest and then get ready again.
MS. SMYSER: So, Mia, how much did you sleep during your first 24 hours on the job?
MS. SMYSER: What did you think about that?
MIA: I sort of took it as like a challenge or maybe this was just for the trial period. Or maybe it was a -- I don't know. It was kind of like is this how it is? But, you know, there had been a TV show two years prior called I Want to Work for Diddy, where it looked like this fit the norm.
So I don't know. I thought maybe it was a part of the trial.
MS. SMYSER: When you were working for Mr. Combs, how often were you required to go without sleep?
MS. SMYSER: What if any expectations did you have about when you would be able to sleep next?
MIA: That was the thing, I didn't. I can usually power through, but like I remember when I was younger, waking up for school, being tired, I would be like, okay, Mia, you get out at 3:00, you can sleep then --
MR. STEEL: Nonresponsive, your Honor.
THE COURT: It's overruled.
MS. SMYSER: You can continue.
MIA: I remember thinking, like, let's say I had been awake for two days or something, I didn't have anything to hold onto because I didn't have an idea of when that could happen -- when I could go to sleep.
MS. SMYSER: What was the longest period of time you went without sleep because of your work for Mr. Combs?
MS. SMYSER: Generally, what were you doing in those five days?
MIA: Working. We were traveling. I don't -- I just remember the last part being in Las Vegas. So there was always a million things going on. I remember he had club appearances, but also he had a few impromptu music video sets, so you're running around doing whatever needed to be done.
MS. SMYSER: Were you taking any medication at the time that had the effect of helping you stay awake?
MIA: Yeah. I guess so. I've had ADHD and I've been -- had a prescription since I was like 17 of -- I take Adderall, so that helped.
MS. SMYSER: Were you taking any particular kind of Adderall at that time?
MS. SMYSER: And what if any effect did that extended release Adderall have on you?
MIA: It would allow me to -- yeah, I guess it was much stronger than the normal. So it allowed me to quasi function or stay awake.
MS. SMYSER: Why did you finally get to go to sleep?
MIA: I had a like physical and I guess -- I had like a physical breakdown. Like I remember just like my hearing went, like it felt like I was underwater, and my equilibrium was off and I started like not seeing things, but like blurred vision or like lights that weren't there. And then out of nowhere, like didn't mean to, but I burst into tears, hysterical, and like couldn't stop crying.
MS. SMYSER: Did anyone tell you, you could go to sleep at that point?
MS. SMYSER: Who?
MS. SMYSER: Why did you not sleep before that?
MS. SMYSER: All right. Next I want to talk about some of your duties as a personal assistant. But before I do that, I would like to direct your attention to the binder in front of you that's on the top there.
And could you please flip in the binder to the tabs marked for identification as Government Exhibits 3A-119, 3A-150, 3T-101, 3T-102, 3T-103, 3T-105 through 108, C-508, H-115 and H-116.
And could you please look up when you're done?
MS. SMYSER: Do you recognize these documents, Mia?
MS. SMYSER: What, generally, are they?
MIA: They are correspondence between me and Puff and me and people that worked with Puff -- for Puff.
MS. SMYSER: And how do you know that?
MS. SMYSER: Now, are they a fair and accurate representations of your communications with Mr. Combs and various employees?
MS. SMYSER: Your Honor, the government offers the exhibits that I just mentioned under seal pursuant to the Court's pseudonym order.
THE COURT: Any objections?
MR. STEEL: Same objections we previously had we'll rely upon. Otherwise...
THE COURT: Understood. Those exhibits will be admitted under seal.
(Government's Exhibits 3A-119, 3A-150, 3T-101, 3T-102, 3T-103, 3T-105 through 108, C-508, H-115 and H-116 received in evidence)
MS. SMYSER: Mia, could you please now look through the other binder that's sitting to your left and look through that and look up when you're done.
And this binder contains what has been marked for identification as Government Exhibit 3A-119-R, 3A-150-R, 3T-102-R, 3T-103-R, 3T-105-R, 3T-106-R, 3T-107-R, 3T-108-R, C-508-R, H-115-R, and H-116-R.
Mia, do you recognize these documents?
MS. SMYSER: What did you say?
MS. SMYSER: Are they redacted forums of the documents you just looked at in the other binder?
MS. SMYSER: Your Honor, the government offers the exhibits I just listed into evidence.
THE COURT: All right. They will be admitted.
(Government's Exhibits 3A-119-R, 3A-150-R, 3T-102-R, 3T-103-R, 3T-105-R, 3T-106-R, 3T-107-R, 3T-108-R, C-508-R, H-115-R, and H-116-R received in evidence)
MS. SMYSER: Okay. You can set those binders to the side, Mia.
Now, I want to focus on some of your duties as a personal assistant.
MS. SMYSER: Ms. Foster, could you please publish Government Exhibit 3T-106-R for the jury.
MS. SMYSER: Mia, what is this?
MIA: This was a -- just a brief informal list of things, some of the responsibilities or things that I did on a daily basis that was appropriate to put in an e-mail.
MS. SMYSER: And who did you send this list of responsibilities to?
MS. SMYSER: When did you send it?
MS. SMYSER: And why did you send this to Toni?
MIA: Because I believe it was after a comment: I don't even know what you do all day, comment from Puff. And then Toni -- sorry.
MS. SMYSER: So Mr. Combs asked what do you do all day; is that right?
MIA: Yeah. Just sort of a -- it was sort of like a threatening -- I don't know if it was a tactic, but Toni was like okay, well, let's just -- just send me this list so that this can't like -- this can't be said again, like.
MS. SMYSER: Okay. Let's focus on a few things that are in this document.
MS. SMYSER: Ms. Foster, can you please highlight the line below the first paragraph that starts "all of."
MS. SMYSER: Could you please read this, Mia?
MS. SMYSER: And who is PD here?
MS. SMYSER: Did you help manage Mr. Combs' social media presence?
MS. SMYSER: Ms. Foster, could you please now highlight where it says "main liaison" in the middle of the page.
MS. SMYSER: And could you read that, Mia?
MS. SMYSER: Was that part of your job, too?
MS. SMYSER: And could you please zoom out. And, Ms. Foster, could you please highlight where it says towards the bottom of the page "PD's daily routine."
MS. SMYSER: Mia, what does this say?
MIA: PD's daily routine, keeping him on schedule, any request PD has either completing or making sure it's done by others.
MS. SMYSER: Ms. Foster, could you please turn to page two.
MS. SMYSER: Was everything on this page also a part of your job?
MS. SMYSER: Ms. Foster, could you please highlight in the middle of the page where it says "protect him at all times." And could you highlight through the next three paragraphs.
MS. SMYSER: Mia, could you read this?
MIA: Yes. Protect him at all times. His privacy, etc. Stay attached to blackberry 24/7. Staying within PD's eyesight unless he advises otherwise always while on duty. Listening, asking, hearing, prioritizing and translating PD's situation.
Maintaining PD's daily routine in both professional and private circles from the minute he wakes up in the morning until the moment he falls asleep at night and even in the interim. Anticipating his needs, whims, and moods.
MS. SMYSER: Let me stop you there, Mia.
Why was it important to anticipate Mr. Combs' needs, whims, and moods?
MS. SMYSER: Okay.
MS. SMYSER: Ms. Foster, could you please zoom out. Could you please highlight the bottom where it says "every single day is different."
MS. SMYSER: Could you please read this, Mia?
MIA: Every single day is different. PD can ask you to do 17,000 things at one time that range from cracking his knuckles, to writing his next movie, to doing his taxes. He can also just have you standing next to him for 22 hours and not ask you one thing.
MS. SMYSER: Okay. You can take down the exhibit, Ms. Foster.
MS. SMYSER: Mia, when you started working for -- as a personal assistant for Mr. Combs, did you have an apartment?
MS. SMYSER: Where was that apartment?
MS. SMYSER: How often did you stay there when you worked for Mr. Combs?
MS. SMYSER: Where were you staying if you weren't in your apartment?
MS. SMYSER: And what cities did Mr. Combs live when you were working for him?
MS. SMYSER: So focusing first on Los Angeles, where did you stay when you were in Los Angeles?
MIA: When I first started, I stayed in the staff house, and then I was moved into Puff's house at 9933 Beverly Grove.
MS. SMYSER: And focusing on Beverly Grove for a second, did Mr. Combs have that house before you started?
MS. SMYSER: And approximately what years did Mr. Combs live in 9933 Beverly Grove when you were there?
MS. SMYSER: So 2009 and 2010?
MS. SMYSER: And where did you live in LA after 9933 Beverly Grove?
MS. SMYSER: What approximate years did Mr. Combs have that home?
MS. SMYSER: Are you estimating?
MS. SMYSER: At some point did you get your own apartment in Los Angeles?
MS. SMYSER: Approximately when was that?
MS. SMYSER: And where did Mr. Combs move around 2014 when he moved out of the Beverly Crest house?
MS. SMYSER: And what was the address there?
MS. SMYSER: When Mr. Combs was in Miami, where would you stay?
MS. SMYSER: Was that at Mr. Combs' home in Miami?
MS. SMYSER: What was the address there?
MS. SMYSER: Mia, when you were in Mr. Combs' homes, were you able to leave them whenever you wanted?
MS. SMYSER: Why not?
MS. SMYSER: And who would you have to ask permission?
MS. SMYSER: How did you learn that you needed Mr. Combs' permission to leave?
MIA: Well -- well, I -- one time -- well, I thought like -- sorry.
I thought that when we were -- when I was -- let's say everyone was asleep or I was quote, unquote off the clock, that I could leave. But one night, I remember it was super late. It was like -- LA closes at 2:00 or something in the morning, and Puff had gone to bed, and I was like so desperate just to see some friends that I hadn't -- you know, I hadn't seen anybody outside of that world for a minute. And I left to go meet up with them somewhere after Puff was asleep. And I got in big trouble.
MS. SMYSER: And what happened when you got in big trouble?
MIA: Security, I'm not sure exactly who it was, like called me to let me know that he was sending them to find me. And, yeah. I didn't realize I wasn't allowed to leave.
MS. SMYSER: Do you remember about when this was?
MS. SMYSER: So 2009 or 2010 approximately?
MS. SMYSER: Mia, when you were living in Mr. Combs' homes, were you allowed to lock your bedroom door?
MS. SMYSER: Why not?
MIA: Because Puff said, like, this is my house, no one locks my doors. That's like so -- my room was essentially not really -- you know, that was just a place I was staying. It was still his house.
MS. SMYSER: Were there any other employees who lived in Mr. Combs' homes when you did?
MS. SMYSER: Who generally?
MS. SMYSER: And what security regularly worked for Mr. Combs when you were there?
MS. SMYSER: Do you know if security was allowed to lock their bedroom doors?
MS. SMYSER: And how do you know that?
MIA: Because they -- the rooms were right next to mine and one had a dead bolt and the other had the keypad where the cameras were.
MS. SMYSER: Were there other personal assistants working for Mr. Combs when you started work?
MS. SMYSER: How many?
MS. SMYSER: And who was that?
MS. SMYSER: What was your understanding of how the number of personal assistants would change?
MR. STEEL: Objection. A. Oh.
THE COURT: It's overruled. A. Oh.
MS. SMYSER: You can answer.
MIA: I was told -- sorry. I was told by Vashta that they were actively looking for more assistants because typically there was at least four or maybe five, something like that. So that, you know, kind of like hang tight, we're filling those roles ASAP.
MS. SMYSER: Approximately how long did Malcolm, the assistant who was there when you started, work for Mr. Combs while you were there?
MS. SMYSER: Were you the only personal assistant when Malcolm left?
MS. SMYSER: For approximately how long?
MS. SMYSER: How did you feel when you were the only personal assistant?
MS. SMYSER: What if anything did Mr. Combs tell you about being the only assistant?
MIA: He -- well, he pulled me to the side sort of like, like, this was just going to be temporary, but that he, you know, trusted me and he knew we could do this together and it would be -- it was sort of like, like an I believe in you, but like an awesome pep talk, and also positioned it as though we were like going to be doing this as a team. He's like, I just need a second brain, like I need somebody. And he believed in me and trusted me. And it was going to be -- it was going to be hard and it was going to be crazy, but we were going like get through, like through it.
So it felt -- I don't know how to explain that. It felt -- well, A, like, wow, like you believe in me, so I'm going to prove myself. But, yeah.
MS. SMYSER: Was it difficult to be the only personal assistant?
MS. SMYSER: At some point did Mr. Combs hire additional personal assistants?
MS. SMYSER: Who were some of the others that you worked with?
MIA: Sienna Lee and Neil Dominique were the first assistants that came in that like -- that were -- that stayed for a period of time. And then later, later on came Kala Faulkner.
MS. SMYSER: From what you could see, was your experience the same or different from these other personal assistants?
MS. SMYSER: How did your responsibilities compare?
MIA: I felt like I was responsible for everything, even though -- if somebody didn't do something they were supposed to do, regardless of how long they had been there, it somehow -- I got in trouble for it. I never got time off. They -- both of them, especially Neil, had time off all the time. I was punished if I had -- let's say it was on the schedule that I had off and both of them had on, and if at 4:00 in the morning that changed, and then Neil was given off for something, then I was like held responsible for not -- you know, if I -- if I, I guess, got the message a little too late, I didn't get to -- I rarely ever got to, like, run errands. I just felt like I was -- I just felt like I was bearing the brunt of everything and that I could never get like a -- I could never get like a free -- yeah, a free moment.
MS. SMYSER: So you felt like you had more responsibility?
MS. SMYSER: You mentioned that you sometimes got punished. What do you mean by that?
MIA: I guess there's a -- various ways of punishment. It was a lot of like getting cursed out and humiliated and berated, but also my intelligence insulted and my job threatened quite a bit.
MS. SMYSER: And who did those things?
MS. SMYSER: We'll talk about them in more detail soon, but, first, I want to ask you about a few different people.
MS. SMYSER: Ms. Foster, could you please pull up what's in evidence as Government Exhibit 2A-308.
MS. SMYSER: Do you recognize this person, Mia?
MS. SMYSER: Who is it?
MS. SMYSER: And what was George Kaplan's role?
MIA: I believe he was the executive assistant to, at the beginning, I think to Brian Offutt, an executive. And then I believe he transitioned to being a personal assistant to Puff.
MS. SMYSER: Was he a personal assistant to Mr. Combs before or after you?
MS. SMYSER: Ms. Foster, could you please pull up what's in evidence as Government Exhibit 2A-311.
MS. SMYSER: Do you recognize this person?
MS. SMYSER: Who is it?
MS. SMYSER: And what was Ryan's role?
MS. SMYSER: Before or after you?
MS. SMYSER: Ms. Foster, could you please pull up what's in evidence as Government Exhibit 2A-312.
MS. SMYSER: Do you recognize this person?
MS. SMYSER: Who is it?
MS. SMYSER: Did Elie Maroun perform any assistant duties?
MS. SMYSER: For whom?
MS. SMYSER: Is that before or after you were personal assistant?
MS. SMYSER: And, Ms. Foster, could you finally please display just for the witness, court, and parties what's been marked for identification as Government Exhibit 2A-318.
MS. SMYSER: Do you recognize this person?
MS. SMYSER: Who is it?
MS. SMYSER: How do you know?
MS. SMYSER: Do you know him from working for Mr. Combs?
MS. SMYSER: Okay. And is this a fair and accurate representation of Dave Shirley?
MS. SMYSER: Your Honor, the government offers Government Exhibit 2A-318.
THE COURT: All right. 2A-318 will be admitted.
(Government's Exhibit 2A-318 received in evidence)
MS. SMYSER: Ms. Foster, could you please publish that for the jury.
MS. SMYSER: What was Mr. Shirley's role?
MS. SMYSER: And before or after you?
MS. SMYSER: You can take that down.
MS. SMYSER: All right. Mia, you testified earlier that your next title after personal assistant was director of development for Revolt Film; is that right?
MS. SMYSER: What is Revolt Film?
MS. SMYSER: How, if at all, did Revolt Films differ from Revolt TV?
MS. SMYSER: What was Revolt TV?
MS. SMYSER: When, approximately, did you become a director of development for Revolt Film?
MS. SMYSER: Had you been doing some film work before that?
MS. SMYSER: And at this point in time in 2013 had you been a personal assistant for approximately four years?
MS. SMYSER: So you had done about seven or eight months with Malcolm, right?
MS. SMYSER: And then a year on your own, right?
MS. SMYSER: And then some other personal assistants joined?
MS. SMYSER: How many people were working for Revolt Films at the time you made the transition?
MS. SMYSER: And why did this transition happen?
MIA: Because I had been doing -- I mean, so essentially I was running his film production company. I had to beg for it. It had been for years, and it kept being promised. And then finally, I believe new executives in the office came in and helped move it along.
MS. SMYSER: Did you want to work for Revolt Films?
MS. SMYSER: Why?
MIA: Oh, because that was my -- that was my dream. That was like when I was doing -- even though I had to still do all of the insane assistant situation or just be next to him, like the joy I would get out of doing the TV and film was like over -- like, overwhelmingly awesome.
MS. SMYSER: So when you started with Revolt Films, were you still performing personal assistant duties?
MS. SMYSER: What was your base salary with Revolt?
MS. SMYSER: And how did that change over time, if at all?
MS. SMYSER: Were you supposed to be paid anything in addition to the base salary?
MS. SMYSER: What was that?
MS. SMYSER: Did you always get those bonuses?
MS. SMYSER: What were just some of your responsibilities with Revolt at a high level?
MIA: At a high level, it was identifying projects for investment purposes, to also get like EP credits for Puff, and developing and creating our own projects as vehicles for Puff to star in, as well as --
THE COURT: Ms. Smyser, would this be a good time for a short break?
MS. SMYSER: Yeah, we can take a break here, your Honor.
THE COURT: All right. Let's take a short break. We'll come back in ten minutes, around 11:30.
Thank you very much. All rise for the jury.
(Continued on next page)
(In open court; jury not present)
THE COURT: Thank you, Mia. You can come back in ten minutes.
THE COURT: Anything to address before we take our break? Ms. Smyser?
MS. SMYSER: No, your Honor.
THE COURT: All right. We will take a break. Come back in ten.
(Recess)
THE COURT: Please be seated.
Let's get Mia back.
(Continued on next page)
(In open court; jury present).
THE COURT: Please be seated.
Ms. Smyser, when you're ready.
MS. SMYSER: Thank you, your Honor.
BY MS. SMYSER:
MS. SMYSER: Okay. Mia, before we broke, we were just talking about some of your responsibilities with Revolt Film.
When you got the new title with Revolt, where were you physically working primarily?
MS. SMYSER: Whose house?
MS. SMYSER: And at some point did you stop working primarily in Mr. Combs' homes?
MS. SMYSER: Approximately when was that?
MIA: I believe it was probably like late 2015 -- like somewhere around then. There was kind of a time period where it would be office, his house, office, his house. And then eventually it was like the office mainly after I think around end of 2016, something like that.
MS. SMYSER: End of 2015, end of 2016, somewhere around there?
MS. SMYSER: Next I want to transition to a new topic.
MS. SMYSER: So, Ms. Foster, can you please display what's in evidence as Government Exhibit 2A-401.
MS. SMYSER: Mia, do you recognize the person depicted here?
MS. SMYSER: Who is it?
MS. SMYSER: Do you know Ms. Ventura by any other names?
MS. SMYSER: What?
MS. SMYSER: Is that what you call her?
MS. SMYSER: How do you know Cassie?
MS. SMYSER: And how would you describe your relationship with Cassie?
MS. SMYSER: Are you still friends today?
MS. SMYSER: You can take that down, Ms. Foster.
MS. SMYSER: When you were working for Mr. Combs, what was your understanding of his relationship with Cassie?
MS. SMYSER: How often did you see Cassie and Mr. Combs together when you were working?
MS. SMYSER: At a high level, how would you describe their relationship?
MIA: It was a cycle of like highs and lows. It was unequal, inequal. Toxic. When I say abusive, I don't mean -- I don't mean that she had any -- like it was abusive towards her.
MS. SMYSER: Was there any violence in the relationship?
MS. SMYSER: We'll talk some more about that soon.
First, what was Cassie's profession?
MS. SMYSER: In your role as a personal assistant for Mr. Combs, did you have exposure to aspects of Cassie's music career?
MS. SMYSER: Generally, what exposure did you have?
MIA: All of the executives or people doing business with or for Puff would send all of their -- any time they needed an answer through me in order to get the answers from him. So I saw all types of correspondence, e-mails, and I was constantly with him in meetings with her. So, I mean, I was pretty privy to a lot going on.
MS. SMYSER: From what you saw, what was the relationship between Cassie's music career and Mr. Combs' business?
MS. SMYSER: And what if any role did Mr. Combs himself play in her music career?
MS. SMYSER: And what kinds of things did you see Mr. Combs do related to Cassie's career?
MS. SMYSER: And what kind of final decisions did you observe?
MIA: That could range anywhere from deciding like what music would be put out, what -- the visual aspects of any music videos, when she would be in the studio, her appearance, and any sort of shows or appearances or dates or promotions that she would be involved with.
MS. SMYSER: Ms. Foster, could you please display what's in evidence as Government Exhibit 3T-107-R for the jury.
MS. SMYSER: Mia, what are we looking at here?
MIA: This is an e-mail from Cass to Puff and a number of executives or people involved in her music career and me.
MS. SMYSER: Okay.
MS. SMYSER: Ms. Foster, could you please zoom in on the bottom message.
MS. SMYSER: So this says it is from Veronica Bang; who is that?
MS. SMYSER: And who did Cassie send this message to?
MIA: She sent it to Puff, Gwen Niles, Harve Pierre, Capricorn Clark, Matthew Testa, James Cruz, and me.
MS. SMYSER: And you said those people were involved in Cassie's music career?
MS. SMYSER: When did Cassie send this message?
MS. SMYSER: At around what time?
MS. SMYSER: If you know, where was Cassie that night?
MS. SMYSER: And who was she with at the hotel?
MS. SMYSER: Do you have a term for this kind of night from your working with Mr. Combs?
MS. SMYSER: We'll talk some more about hotel nights soon.
But, first, focusing on this e-mail, what was the subject line here?
MS. SMYSER: And can you please read what Cassie said in the e-mail?
MIA: For everything. With regret, I have been informed that I cannot perform on Monday due to overages in costs. I have worked very hard, but I cannot support myself on the things that I need in order to move forward and make this show happen and run smoothly. I appreciate everyone and I hope that you can understand. Again, I am very sorry and doubly sorry for any drama I have caused at Bad Boy or at Interscope. I have tried my very best. I wish everyone the best. Anyone not attached on this e-mail I will contact directly so not to disrupt anyone's travel and/or schedule. Thank you.
MS. SMYSER: And this e-mail mentions Interscope, do you know what that is?
MS. SMYSER: What is it?
MIA: It was a bigger like record label that -- sorry. Record publishing company that Bad Boy was signed to.
MS. SMYSER: Okay. Could you zoom out, Ms. Foster.
MS. SMYSER: And did Mr. Combs respond to this message?
MS. SMYSER: Could we zoom in on the next two e-mails. This is fine. This is fine.
MS. SMYSER: Mia, would you please read his response?
MIA: Make sure you stleven hill and let him know you're not ready and you do want to embarrass yourself again.
MS. SMYSER: Do you have an understanding of what stleven hill means here?
MS. SMYSER: Who was Stephen Hill?
MS. SMYSER: Can you zoom out please. Could you zoom in on Cassie's response.
MS. SMYSER: And, Mia, would you mind reading this response?
MIA: If that were the issue, I would, so since you no longer want to support your artist I have to pull out. No label support, no show, no?
MS. SMYSER: You can zoom out.
MS. SMYSER: And what did you do after you got these e-mails?
MS. SMYSER: And you mentioned earlier that Toni was the chief of staff; is that right?
MIA: She was. I don't know when her title like officially switched, but she operated in that position before.
MS. SMYSER: And what was she before chief of staff?
MIA: She was the head of personal finance, but she was still straddling both worlds, like the office and the personal. So she was involved a lot with like helping navigate dramatic situations, or she was kind of someone you could go to, if that makes sense.
MS. SMYSER: Why did you forward this e-mail to Toni Fletcher?
MIA: Well, because I had to keep Toni aware of everything going on and because like Toni -- not everything going on. Sorry. Anything that -- she was in charge of booking hotels, so had to keep her aware of possibly something happening. She was also, because all those other people were on copy, I knew that it would get to her anyway. And so this situation would have effected other situations or other plans that were in place. So I'm just keeping her alert of the things that I was, like, allowed to.
MS. SMYSER: So you were saying because Cassie had e-mailed other people involved in her career, you needed to keep Toni in the loop also?
MIA: Yeah. Those people worked like in the office too. So, yeah. Keeping her in the loop of everything going on.
MS. SMYSER: When did you send this e-mail?
MS. SMYSER: You can zoom out and take that down.
MS. SMYSER: Mia, do you know whether Cassie ended up performing?
MS. SMYSER: Was Cassie involved in any other professional projects besides music when you were working for Mr. Combs?
MS. SMYSER: What was she involved in?
MS. SMYSER: And what was your role, if any, related to her acting career?
MIA: I helped her navigate -- I helped her navigate the world. I helped her find representation. I would help her find projects. I would run lines with her, go with her to auditions, go with her to set if she was shooting.
MS. SMYSER: What if anything did you see Mr. Combs do related to Cassie's acting career?
MS. SMYSER: The final decisions?
MS. SMYSER: Was there ever a time when Mr. Combs would come to Cassie's sets?
MS. SMYSER: What if anything happened when he was on the sets?
MR. STEEL: Objection, your Honor. Timeline.
THE COURT: Can we be a little bit more specific.
MS. SMYSER: Sure.
MS. SMYSER: Approximately when was Cassie doing these acting roles?
MS. SMYSER: So around 2015, did you ever see Mr. Combs on a movie set?
MS. SMYSER: What if anything did he do on the set?
MIA: Well, production would be really overwhelmed because they would kind of have to stop everything. And he would -- I don't know. Everyone would be really nervous and he would ask a lot of questions and sort of insert himself.
MS. SMYSER: Did things come to a stop on the set?
MS. SMYSER: Shifting gears a little.
What if anything was Mr. Combs' role related to Cassie's appearance from what you saw?
MS. SMYSER: And in what ways?
MIA: She had to get approval for like -- she would have to try on outfits and we would send photos for approval of what she could wear. I've had to send photos of, like, her nails at a nail salon, hair styles, things like that.
MS. SMYSER: And who were you sending those photos to?
MS. SMYSER: Why are you sending them to Mr. Combs?
MS. SMYSER: During your time working for Mr. Combs, did you have any exposure to Cassie's finances?
MS. SMYSER: And what was the exposure that you had?
MIA: I knew that -- the exposure was I knew that -- sorry. So how did -- like Toni, for example, I knew that the office paid her credit cards.
MS. SMYSER: And how did you know that?
MIA: One time I was with Cass, and Toni asked me, like, she said I'm in a bind, do you have any cash that you can --
MR. STEEL: Objection.
THE COURT: Let's get a new question. Maybe you can rephrase, Ms. Smyser.
MS. SMYSER: Yes. No problem.
MS. SMYSER: So we were just focused on the credit cards. But was there anything else that you had exposure to with regard to Cassie's finances?
MS. SMYSER: What was that?
MIA: I knew that he -- that her -- the places that she lived were under, like, his company names and as well as her cars.
MS. SMYSER: Were there ever times when -- where you saw Mr. Combs take away things that he paid for?
MS. SMYSER: What kinds of things did he take away from Cassie?
MS. SMYSER: And, generally, when did you see him take those things away?
MS. SMYSER: How would Cassie react when that happened?
MS. SMYSER: How often were you with Cassie when you were working for Mr. Combs?
MS. SMYSER: And who decided whether you were allowed to be with Cassie or not?
MS. SMYSER: How did this time with Cassie relate to your job responsibilities, if at all?
MIA: How did they relate, like, I mean, everything I was told to do was I guess my job responsibility.
MS. SMYSER: Let me ask you this: What did Mr. Combs tell you to do when you went to go be with Cassie?
MIA: Sometimes it would be like go help Cass. Sometimes it would be to, you know, like accompany her to things. But a lot of the times it would be to keep her -- like sort of like keep tabs on her and be able to get in touch with her through me or check up on her.
MS. SMYSER: So Mr. Combs could check up on her?
MS. SMYSER: And so was it part of your job to spend this time with Cassie?
MS. SMYSER: That who told you to do?
MS. SMYSER: And when you and Cassie were together, were you all able to go wherever you wanted, whenever you wanted?
MS. SMYSER: Why not?
MS. SMYSER: And what would happen if you and Cassie did something without Mr. Combs' permission?
MS. SMYSER: When you say very scary, like what kinds of things are you talking about?
MIA: We would be in trouble and be -- the punishment was typically unpredictable, but it was typically pretty terrifying.
MS. SMYSER: Well, we'll talk some more about that as we get through your testimony.
But from what you could see when you were with Cassie, how would Mr. Combs communicate with her when he was not physically around her?
MIA: By like phone, text, e-mail, having other people call or through me -- did you say if I was with her?
MS. SMYSER: Yeah, when you were with her.
MS. SMYSER: And who else besides Mr. Combs would contact her?
MS. SMYSER: What would happen if Cassie didn't answer the phone when Mr. Combs would call?
MIA: Then there would be multiple people calling, texting, e-mailing her trying to find her and/or like security would show up if like she didn't -- if he couldn't find her that way.
MS. SMYSER: Earlier, Mia, you mentioned that the relationship between Mr. Combs and Cassie was violent; is that right?
MS. SMYSER: Did you personally see any violence?
MS. SMYSER: What kinds of things did you see?
MR. STEEL: Objection.
THE COURT: Ms. Smyser, could we get a more focused question.
MS. SMYSER: Yeah.
MS. SMYSER: So from when you were working with Mr. Combs and you were around Mr. Combs and Cassie, what if any kinds of violence did you yourself, see?
MIA: I've seen him attack her. I've seen him throw her on the ground. I've seen him -- I've seen him -- I've seen him like crack her, like, head open. I've seen him chase her. Things like that.
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MS. SMYSER: Have you ever seen Cassie fight back?
MS. SMYSER: And approximately how many times have you seen this violence or signs of violence, like injuries you just mentioned?
MS. SMYSER: When was the first time you saw or heard physical violence between Mr. Combs and Cassie?
MS. SMYSER: What is the first thing you remember hearing when you were there?
MIA: I remember upstairs like loud like thuds. That's what it sounded like, like something hitting the wall. And the way that the second floor was is that you can look down into the foyer from it and that's where his bedroom was, up on the second floor, and I just remember seeing suitcases being thrown over like into the foyer.
MS. SMYSER: Did you see Cassie sometime after that, after the suitcases were thrown?
MS. SMYSER: Where was she?
MS. SMYSER: And what, if anything, did she do when you saw her?
MIA: She looked at me like she had the most terrified look in her eye and was kind of like waving her hands like, don't look -- essentially, like I am going to be -- as if like I'm hiding, you know, like don't -- act like I'm not here kind of thing.
MS. SMYSER: After you saw Cassie waving her hands outside, what did you do?
MIA: I retreated -- like I was still outside, but I followed like her instructions. I like put -- I went away, but I was still like outside, just pretended like I didn't see her.
MS. SMYSER: Did you tell anyone about this incident?
MIA: No. I didn't know what is happening. I went inside, and I think just at the time the chef was in the kitchen. I don't remember what I said exactly because I was so -- I was confused as to what was going on. And the sentiment was something like, don't --
MR. STEEL: Objection.
THE COURT: That's sustained.
MS. SMYSER: What did the chef say to you, if anything?
MR. STEEL: Objection.
MS. SMYSER: It's not for the truth, your Honor.
THE COURT: Hold on. It's sustained.
MS. SMYSER: What are some of the locations after this where you saw or heard violence between Mr. Combs and Cassie?
MS. SMYSER: Let's talk about a few of those. You mentioned that something violent happened in Cassie's apartment, is that right?
MS. SMYSER: Did that happen one time or multiple times?
MS. SMYSER: Yeah. Is there one that sticks out in your mind?
MS. SMYSER: Let's talk about that. Which apartment was Cassie living in at the time?
MS. SMYSER: When approximately was this? Do you remember?
MIA: I was -- it was definitely the second LA house when I lived there. I just don't remember the exact year.
MS. SMYSER: At the Beverly Crest houses that you were living at the time?
MS. SMYSER: Sometime between 2010 and 2014?
MIA: It would have been earlier than 2014 because she moved into another apartment, I think, in 2013.
MS. SMYSER: What time of day was it when you all were in Cassie's apartment that day?
MS. SMYSER: Who all was there?
MS. SMYSER: Who is Deonte Nash?
MS. SMYSER: What were you and Cassie and Deonte doing that night?
MS. SMYSER: Did there come a time when Mr. Combs came to the apartment?
MS. SMYSER: And what happened when he got to the apartment door?
MS. SMYSER: At some point did he get inside?
MS. SMYSER: Do you remember exactly how he got inside?
MIA: I feel like he got a key from the front desk. That's what my feeling is, because we had tried to talk to the doorman multiple times.
MR. STEEL: Objection.
MS. SMYSER: We can move on, your Honor.
THE COURT: All right.
MS. SMYSER: When Mr. Combs gets into the apartment, what, if anything, was he saying?
MIA: He was like screaming at Cass and like screaming but asking like, have you been -- screaming, have you been drinking, at her. Because she didn't answer the phone.
MS. SMYSER: How close was he to Cassie when he got into the apartment?
MIA: Very close. I'm seated here. My back is to like the balcony, and in front of me, like where you are, is like the entrance to the apartment and it opens up to like a living area combined with a kitchen. And on where the apartment entrance door is, like where you are, the wall to Cassie's bedroom is, and Cassie was pretty close to the door on that wall, so she was probably like a couple of feet from that entrance door to the right, to my right.
MS. SMYSER: What, if anything, did Mr. Combs do when he was yelling about her drinking?
MIA: He was -- he then came after like me and Deonte and was screaming the same thing, like, has she been drinking. He was super upset. Has she been drinking. And he was like crazy aggressive. And he started to attack her.
MS. SMYSER: What did you see when he started to attack her?
MS. SMYSER: How did you react when Mr. Combs threw Cassie to the ground?
MIA: I feel like me and Deonte like immediately jumped in and tried to stop it because we were all alone as in like -- his -- yeah. We jumped in to try to help.
MS. SMYSER: When you say you jumped in, what did you do?
MIA: I feel like we were both trying to get him off of her. But in this quick -- I mean, I don't know how to do that, and I don't know -- Deonte is very small in comparison to Puff, and it happened so fast. But there was some sort of, I don't know, little tornado going on, and at some point he had Deonte in like a position where I was like scared he was going to like kill him, and I jumped on his back.
MS. SMYSER: What did Mr. Combs do when you jumped on his back?
MIA: He threw me like against the wall like so quick and so easily, like -- and I realized we were in real danger.
MS. SMYSER: How fast was this all happening?
MS. SMYSER: What did Mr. Combs do after he threw you against the wall?
MIA: He immediately like -- almost like slow motion, like I was sliding down the wall of some sort. The bedroom was to my left, and he immediately ran in, and I saw him grab Cass, and I like couldn't get there fast enough. Underneath her bed was like this wood -- like a bed platform, and the corner was like the sharpest, strongest corner I have ever seen, and I just saw him like pick her up, and I thought he is actually going to kill her, and he like slammed her head into the corner, like, of the bed.
MS. SMYSER: What injuries did Cassie have as a result of Mr. Combs slamming her head into the bed?
MIA: She just started like gushing blood, and she had ended up with like a pretty big -- like a scar on her like forehead.
MS. SMYSER: What did Mr. Combs do after Cassie's head was split open?
MIA: He like immediately snapped into this protecter survivor mode. He told me like to like get Kala, who was the assistant at the time, who had relationships with the doctors, get Kala on the phone and tell her to call Dr. So and So and tell him that Cassie needs to see them immediately because she was drunk and fell and hit her head.
MS. SMYSER: What did you do after Mr. Combs told you to call Kala?
MS. SMYSER: Why did you do that?
MS. SMYSER: Stepping back just a moment, how did Mr. Combs appear when he was in Cassie's apartment?
MIA: It's like -- his eyes turned like black and he was -- there was like no getting through. I was trying to get him to stop and it was like he was looking like through me. And it was the first time that I -- I guess it was the first time I realized like the severe danger that we were actually in. He was like -- completely like --
THE COURT: Let's get the next question.
MS. SMYSER: Were there other times that you saw that look in his eyes?
MS. SMYSER: When typically did you see it?
MS. SMYSER: Mia, during the time you worked for Mr. Combs, were there times where you saw Mr. Combs take drugs?
MS. SMYSER: Were there times when he appeared high to you?
MS. SMYSER: What did you observe in the instances in which Mr. Combs appeared high?
MIA: Sometimes he would be having so much fun he would be the life of the party. Sometimes he would just be a little bit -- he would be really hyper sometimes, and sometimes drooling and his eyes would -- or sometimes he would be like wearing sunglasses.
MS. SMYSER: On what occasions did you typically see him like this?
MS. SMYSER: On this occasion when he slammed Cassie's head into her bed frame, did you see any indications that Mr. Combs was high?
MS. SMYSER: Mia, earlier you mentioned that if you and Cassie -- when you and Cassie were together, if you would leave without Mr. Combs' permission, sometimes scary things would happen. Do you remember saying that?
MS. SMYSER: Was there ever a time that you went to a party without Mr. Combs' permission?
MS. SMYSER: Who went with you?
MS. SMYSER: Whose party did you go to.
MS. SMYSER: When approximately was this?
MS. SMYSER: Are you estimating?
MS. SMYSER: What was happening the night before the Prince part?
MIA: I believe it was a big awards show of some sort, and Puff had gotten a suite at the Beverly Hills Hotel to like get ready.
MS. SMYSER: Were you in that suite?
MS. SMYSER: Was Cassie also?
MS. SMYSER: What did Mr. Combs tell you to do that night?
MIA: At the end of the night he told me to stay with Cass, like stay the night with Cass at the hotel.
MS. SMYSER: What, if anything, did Mr. Combs say about what he was doing that night?
MIA: He told me to keep her company and make sure she doesn't come to the house because he was telling her that he was going to be with the kids.
MS. SMYSER: Did you expect to see Mr. Combs that night?
MS. SMYSER: So at some point did you learn this party was happening at Prince's house?
MS. SMYSER: How did you learn that?
MIA: A good friend of ours called and said that he was -- Prince was having like an intimate party at his house up the street.
MS. SMYSER: What did you do after you got that call?
MIA: Cass and I debated like little kids if we should sneak out of the house for probably felt like forever.
MS. SMYSER: Did you go to the party at Prince's?
MS. SMYSER: What happened when you got to the party?
MIA: We like danced on this purple uplit Plexiglas covering of an indoor pool and hung out with our friends, and Prince performed like on a little table. We were just having fun.
MS. SMYSER: Did there come a time when Mr. Combs showed up to the party?
MS. SMYSER: What did you see when Mr. Combs showed up?
MS. SMYSER: So you and Mr. Combs locked eyes?
MS. SMYSER: How did you react after that?
MS. SMYSER: You and Cassie started running?
MS. SMYSER: Where did you go?
MIA: We ran through the house, which was quite confusing, and we are trying -- when you make it out to the yard, there was something across the street that looked like -- I don't know if it was woods or not, but somewhere to hide, like bushes, and we were trying to run to hide there.
MS. SMYSER: What happened while you were running?
MS. SMYSER: When you say he caught Cass, what do you mean?
MS. SMYSER: What happened after Mr. Combs got Cassie to the ground?
MS. SMYSER: Where did you go after you saw Prince's security intervene?
MIA: I don't remember like if I was hiding or how I got there, but I ended up like hiding at a different hotel.
MS. SMYSER: You're not at the same hotel you were earlier that night?
MS. SMYSER: Did you hear from anyone who worked for Mr. Combs while you were at the hotel?
MS. SMYSER: Who did you hear from?
MS. SMYSER: And Vashta is part of human resources?
MS. SMYSER: What did Vashta tell you?
MS. SMYSER: What did she say was the reason that you were going to be suspended without pay?
MS. SMYSER: What, if anything, did Vashta say about Mr. Combs' behavior the night before?
MS. SMYSER: Your Honor, I'm about to move on to a new topic, which I can do, or it might be a good time to stop.
THE COURT: That's fine. We can take our lunch break at this time.
Thank you, members of the jury. As always, do not speak with each other about the case and don't talk to anybody else about the case and have a great lunch. We will be back at 1:15.
All rise.
(Jury not present)
THE COURT: Mia, we will see you back here at 1:15.
THE COURT: Please be seated.
Ms. Smyser, how much time do we have left in your direct, generally?
MS. SMYSER: It will be the rest of the day, your Honor.
Because of that, we want to try to ensure that this witness is off the stand before the weekend. We weren't anticipating cross being so long this morning with Mr. Nash. So we were wondering if we could come back a little early from lunch and stay maybe a little bit later today to ensure --
THE COURT: We can do that. We can also do the same thing tomorrow with a slightly shorter lunch break, and we can see -- there shouldn't be any issue because of what I've already told the jury. If we need to keep them a little bit later tomorrow, we can do that as well. I'll give them a heads-up about that today.
MS. SMYSER: Thank you, your Honor.
THE COURT: Anything else from the government?
MS. SMYSER: Can we come back at 1 from the lunch break?
THE COURT: To address any issues we need to, or do you want to just come back at 1?
MS. SMYSER: Just start.
THE COURT: I told the jury 1:15.
MS. SMYSER: That's OK.
THE COURT: I would prefer, if we are going to add time, to do it at the end of the lunch break. I think it's just a little bit short for that. We will make up the time one way or the other.
MS. SMYSER: Understood. Thank you, your Honor.
MR. AGNIFILO: Your Honor, the last several witnesses the government has telegraphed to the Court that they were foreseeing an end of the witness' overall testimony. We heard one witness had a flight reservation. Ms. Comey this morning had to tell the Court that the witness is flying back at 2:00. Now we just heard it again with this witness.
There is a telegraphing that's been happening all week where the government is, in my opinion, trying to get the Court on its side to basically put an end to when that witness should be testifying. I think that's becoming a problem. The reason it's becoming --
THE COURT: How does it become a problem? Because what I am seeing the government doing is simply advising the Court as to any anticipated scheduling issues. However, if you remember, we have not cut short in any way, shape, or form the testimony of any witness, and I have repeatedly told the defense that they should do what they need to do. I have said that with every witness.
In fact, with the last witness, where there was a scheduling issue, you will remember that we kept the jury late to try to accommodate that issue, but when Mr. Donaldson needed more time, guess what, Mr. Nash was here the following day.
I only see this as telegraphing in terms of here is what is going on. So really it's for the defense's benefit so they know what the government is thinking, and you can respond by saying, we need more time.
MR. AGNIFILO: It's not really directed at the Court as much as, the government has done this now this week with several witnesses. I am not saying that the Court has limited our cross-examination. It hasn't. And the Court was very clear that we brought the witness who started the day back today. But it's a pattern that I am seeing. I just saw it again.
THE COURT: It's called common courtesy. It's like this person has a plane flight. OK. That way you know so that you can speak with Ms. Comey or Ms. Smyser during a break and say, hey, actually, we anticipate a very long cross-examination. So to the extent this witness has a plane flight, my advice would be that that should be moved to the following Monday. That's what it is. That's how I understand it.
MR. AGNIFILO: I appreciate -- maybe I'm wrong, but what I'm hearing is, we want to get this witness off the stand by the end of tomorrow. I have no idea if the cross-examination that Mr. Steel is going to do is going to be by the end of the day tomorrow, but it sews false expectations. No one has consulted us about that.
What I'd like is, if these things have to be discussed between the parties, that's one thing. They don't need to put these things on the record unless they do.
THE COURT: No. I want to know these things because I am adjusting the schedule.
Let's take a step back. We have a schedule that has us here from 9 to 3, which is a shortened schedule. As everyone has noted, I think everyone has liked that because it gives more time for trial preparation in the afternoon. As I told you the jury at the outset and as I told the parties, that gives us some flexibility to expand the time as necessary.
To the extent that we can have this witness complete her testimony this week, that's fantastic because it keeps everything moving and it means the next witnesses can come on, you can prepare for those witnesses, and we can do things in an efficient manner. That's why the telegraphing, in my view, is happening. I don't understand it to be anything other than that.
I don't understand that it's any kind of posturing or pressure being exerted to shorten the defense's examination or trying to get the Court to join forces to somehow constrain the defense. To be absolutely clear, you are not constrained in terms of the questioning that you are permitted to do as to any witness unless something happens and there is an abuse of the rules and that's brought to the Court's attention. But to date we haven't had any of that.
MR. AGNIFILO: Thank you, Judge. That's all I needed to know.
MS. COMEY: If I may, to clarify the record on this, your Honor, I think we have noted this before, but just to be very clear, many of our witnesses are flying from across the country, and we are navigating a lot of different flight schedules, and part of what we are trying to do is keep the Court and the defense on the same page about the anticipated schedule. Part of that is we know when to book flights, including for people coming next week. Part of our thinking about when Mia's testimony might end is about who we are flying in over the weekend and who we are flying in on Monday. That is part of what is going on. It really is about trying to maintain the schedule so that we can have witnesses here and not waste the Court and the jury's time.
And I also just want to note, I suspect the transcript will reflect this, but Mr. Nash's cross-examination was at least twice as long as the direct. There is no conceivable way to suggest that his cross-examination was limited in any way by our alerting the Court to his flight schedule.
I think Ms. Smyser wants to put something on the record about Mia as well.
MS. SMYSER: Just to correct the record, your Honor, we did consult with the defense about both the length of the anticipated direct examination and cross-examination of Mia. From what I understand from Mr. Steel, not holding him to it by any account, but he anticipated cross being approximately an hour and a half to two hours, though that could change based on whatever is said in the direct, and that he certainly didn't anticipate it being longer than the direct. We have been having these discussions with the defense also, and we just want to keep the Court apprised as to the schedule.
THE COURT: Understood.
I don't regard what was put on the record at the beginning of the break to be anything other than here is a heads-up on scheduling, which is helpful for everybody. I don't understand the government to be trying in any way, shape or, form to constrain the defense in terms of their timing. If it turns out that we hit the end of the day on Friday and Mia has to come back again on Monday, that's what's going to happen.
I am not going to tell you to stop telegraphing because that's how I keep everything on schedule, so that needs to happen.
From the defense's perspective, if there are scheduling issues on your side that you think would be helpful to alert everybody to, you will let me know and that will also be helpful as well.
Anything else?
Mr. Steel.
MR. STEEL: Can I ask a question.
When your honorable Court decides, would you let us know how late we are going potentially today and tomorrow, just for our schedules as well.
THE COURT: The latest I will keep the jury here is 4 p.m. I think that if we are coming back now at 1:15, I think 4 p.m. is the cutoff today. Then we will see where we are at. Obviously, for tomorrow, depending on where we are at, we can make a determination as to whether we are going to need that late tomorrow.
Does that pose any issues from your perspective?
MR. STEEL: Not at all. It was helpful what you just said. Thank you.
I don't think I have to say it, because I heard what the Court said, but my estimates are terrible.
THE COURT: I'm not holding you to those estimates.
MR. STEEL: I heard what you said. I never thought that would be announced in court, and I don't want to be held to it, but I appreciate. I did say that.
THE COURT: Understood.
Mr. Donaldson.
MR. DONALDSON: I want to go to lunch. I'm hungry.
THE COURT: So ordered.
(Luncheon recess)
AFTERNOON SESSION 1:15 p.m.
THE COURT: Anything to raise before we bring the jury back, Ms. Smyser?
MS. SMYSER: No, your Honor.
THE COURT: Anything from the defense?
MR. AGNIFILO: Nothing. Thank you, Judge.
THE COURT: We will wait for the defendant.
MS. COMEY: Your Honor, if I may put one thing on the record that I just conferred with Ms. Geragos about.
THE COURT: Yes.
MS. COMEY: It's unrelated to Mia's testimony, but while we are waiting, the government had, as I have discussed with Ms. Geragos, issued a Rule 17 subpoena for certain phone records from the month of June 2024 from Verizon. And those records, as I understand it, are going to be sent to your Honor's chambers either this week or early next week. We don't intend to introduce them until later in the trial.
After conferring with Ms. Geragos, she has agreed with the proposal that your Honor, upon receiving those and confirming that they are appropriate to receive in this trial, produce them to the government. We would then stamp them with Bates numbers and produce them as Rule 16 to the defense.
THE COURT: All right.
Ms. Geragos.
MS. GERAGOS: That's fine, your Honor.
THE COURT: We will handle it that way.
Ms. Smyser, we can get Mia back.
(Jury present)
THE COURT: Welcome back, members of the jury.
Just a little scheduling heads-up for all of you.
For today and tomorrow we may go a little bit later than 3 p.m., although we will not go past 4 p.m. Again, the reason for this is, I am mindful that at the beginning of this case I told you that we would be trying to get you out of here before July 4, and that's the reason why we may have some extra days.
Thank you for your patience.
Mia, you understand you're still under oath.
THE COURT: Ms. Smyser, when you are ready.
MS. SMYSER: Thank you, your Honor. Before I get started, I just want to ensure that the record reflects that I offered Government 3T-107R into evidence earlier.
THE COURT: I believe it was admitted. You're just confirming that.
MS. SMYSER: Yes.
THE COURT: So confirmed.
BY MS. SMYSER:
MS. SMYSER: Mia, before we broke you were talking about some incidents of violence between Mr. Combs and Cassie, is that right?
MS. SMYSER: And you had mentioned earlier that sometimes violence happened when you were on vacation with Mr. Combs and Cassie, right?
MS. SMYSER: Have you ever traveled to Turks and Caicos with Mr. Combs?
MS. SMYSER: Where did you go in Turks?
MS. SMYSER: And how many times have you been to Parrot Cay?
MS. SMYSER: When approximately did you go?
MS. SMYSER: Who was on these trips?
MS. SMYSER: Did violence happen on these trips?
MS. SMYSER: Once or more than once?
MS. SMYSER: Focusing on violence between Cassie and Mr. Combs in Turks, is there an incident that sticks out in your mind?
MS. SMYSER: Where were you when you heard about the incident?
MS. SMYSER: Did there come a time when you were woken up?
MS. SMYSER: How were you woken up?
MS. SMYSER: What was Cassie saying?
MS. SMYSER: What was her tone of voice when she was saying this?
MIA: Cass is normally very chill, like calm, and it was like the most terrified, like someone screaming for their life.
MS. SMYSER: What did you and Cassie did after she got into your room?
MS. SMYSER: What kind of furniture did you move?
MIA: I just remember it being like heavy wood, like wooden furniture. The bed was pretty close to the door. Maybe like a chair and maybe like a trunk of some sort. Maybe like trying to push the bed, stack them to block the door.
MS. SMYSER: Did there come a time when Mr. Combs got to the door?
MS. SMYSER: What did he do at the door?
MS. SMYSER: After you all barricaded the door with furniture, what did you do?
MIA: So there was an entrance to the bedroom that he was at from inside the house, and in the back I had like a little porch that went out to the beach, so we ran out of that entrance and down the beach.
MS. SMYSER: Just to clarify, you ran out the back of your room?
MS. SMYSER: Do you remember anything about running in this situation?
MIA: I just remember we were running like so fast down the beach, and I remember like being shocked at the fact that we could still be attacked by mosquitoes as we were running.
MS. SMYSER: Do you remember how that incident ended?
MIA: I don't remember how it ended, but I knew -- I don't remember what happened after we got to wherever we were hiding.
MS. SMYSER: Were there any other times when you and Cassie had to run from Mr. Combs in Turks?
MS. SMYSER: Was there another time you had to run on the beach?
MS. SMYSER: Do you remember what happened before you ran?
MIA: I don't remember what happened before we ran. I just remember another -- I have like another visual like where we were hiding and another visual like trying to escape like two separate times.
MS. SMYSER: Let's talk about when you are trying to escape. Where were you running to?
MS. SMYSER: What did you do with the paddleboards?
MS. SMYSER: Where was Mr. Combs?
MS. SMYSER: How did Mr. Combs appear when he was running on the beach?
MS. SMYSER: Who was with you on the paddleboards?
MS. SMYSER: What were you all doing on the paddleboards?
MIA: It was really flat, and we were able to get out very far. Like I just remember the house getting smaller and smaller.
MS. SMYSER: What was the weather like when you all were on the paddleboards?
MS. SMYSER: What were you thinking when the sky turned black?
MR. STEEL: Objection.
THE COURT: Overruled.
MS. SMYSER: You can answer.
THE COURT: Hold on.
Can you ask the question again, Ms. Smyser.
Mia, I'll just ask, listen to the question and make sure you answer it.
MS. SMYSER: Focusing you, Mia, not on Cassie, what were you thinking when the sky turned black?
MIA: I was thinking I was trying to weigh if it was scarier to face mother nature or to go back to Puff.
MS. SMYSER: What did you end up doing?
MS. SMYSER: We have now, Mia, talked about several times in which you saw or heard violence between Mr. Combs and Cassie. Were those all the times that you saw or heard violence between them?
MS. SMYSER: Just some of them?
MS. SMYSER: Did you ever call the police after you saw incidents of violence between Mr. Combs and Cassie?
MS. SMYSER: Why not?
MIA: For multiple reasons.
I believed that Puff's authority was above the police. This was also a time period, this is years and years before social media, me Too, or any sort of example where someone had stood up successfully to someone in power such as him. Also like I was taught to believe that this was -- fell under the confidentiality or loyalty of like Puff's business.
MS. SMYSER: What did that confidentiality mean to you?
MIA: That was the most -- that was the most important thing. And Puff had told me that I was supposed to protect him from people that -- because there were so many people trying to blackmail him, so I came to believe that reporting anything was blackmail.
MS. SMYSER: Did you ever go to the police about Mr. Combs' violence towards Cassie?
MS. SMYSER: Mia, besides what we have talked about so far, are there any other times you remember seeing injuries on Cassie?
MS. SMYSER: What kinds of injuries did you see?
MIA: I would see bruises on her body and like fat lips, busted eyebrow, like a gash on her forehead, black eyes, things like that.
MS. SMYSER: I am going to show you what's been marked for identification as Government Exhibit 3T-109.
MS. SMYSER: Ms. Foster, can you display that for the witness and the parties and the Court.
MS. SMYSER: Mia, do you recognize this?
MS. SMYSER: What is it?
MS. SMYSER: How do you know that's what it is?
MS. SMYSER: Is it a fair and accurate representation of Cassie at The Perfect Match premier?
MS. SMYSER: The government offers Government Exhibit 3T-109.
THE COURT: 3T-109 will be admitted.
(Government Exhibit 3T-109 received in evidence)
MS. SMYSER: Ms. Foster, can you please publish for the jury.
MS. SMYSER: You said you took this photo, Mia?
MS. SMYSER: Remind us where Cassie was at this time.
MS. SMYSER: Ms. Foster, could you please zoom in on Cassie's face through her upper arm.
MS. SMYSER: Mia, could you talk about what, if any, injuries you see on Cassie in this photograph?
MS. SMYSER: Were these injuries covered in makeup at this time?
MS. SMYSER: You can take that down, Ms. Foster.
MS. SMYSER: Were there other times that Cassie's injuries had to be covered up on a red carpet?
MS. SMYSER: Ms. Foster, could you please pull up what's in evidence as Government Exhibit 9D-102.
MS. SMYSER: Mia, do you recognize where this photo was taken?
MS. SMYSER: Where was it?
MS. SMYSER: When approximately was this?
MS. SMYSER: And were you at Cannes that year?
MS. SMYSER: Could you take that down, Ms. Foster.
MS. SMYSER: Before Cassie got ready for the red carpet, what, if any, injuries did you see on Cassie?
MS. SMYSER: Where were you when you saw her injuries?
MIA: I don't remember the first time, but we were -- the first time I remember was in her hotel room.
MS. SMYSER: Who else was in her hotel room?
MS. SMYSER: Did you have an understanding of how she got these injuries?
MS. SMYSER: How did you learn that?
MS. SMYSER: What did Cassie say about the audio recording?
MS. SMYSER: Did you listen to the audio recording?
MS. SMYSER: Without getting into what was said on it, did you recognize the voices on the audio recording?
MS. SMYSER: Whose voices did you recognize?
MS. SMYSER: What was Cassie's tone of voice in the audio recording?
MR. STEEL: Objection.
THE COURT: Overruled.
MS. SMYSER: You said panicked?
MS. SMYSER: What, if anything, was Mr. Combs saying on the recording?
MIA: He was cursing at her. I don't remember like the exact words or what he was yelling at her.
MS. SMYSER: What was his tone of voice?
MS. SMYSER: Besides their voices, what else did you hear on the recording?
MS. SMYSER: After you listened to this recording, Mia and saw Cassie's injuries, did the two of you go to any events at the film festival?
MS. SMYSER: What events did you go to?
MS. SMYSER: Who else was with you at the premier?
MS. SMYSER: What happened at the premier?
MIA: I was sitting next to Puff and Cass and it was silent because it's a premier of a movie, and Puff was talking to Cass, but with like a grit, like talking like this, like with his teeth clenched but in an aggressive way. I looked over and he was like digging his nails into her arm.
MS. SMYSER: What happened after that?
MIA: So I just remember being -- in movie premiers you don't get up and walk out, and I remember -- I don't know the order of it, but he had made her leave and maybe go get her and then made me leave with him. It was kind of like back and forth.
MS. SMYSER: Do you typically get up and leave during movie premiers?
MS. SMYSER: Taking just a step back, Mia, were these all the times that you saw Cassie injured, or just some of them?
MS. SMYSER: What, if anything, would Mr. Combs ask you to do when Cassie was injured?
MS. SMYSER: What kinds of things would you do when you were taking care of her?
MS. SMYSER: What kinds of things would you bring her?
MIA: I remember specifically, because I didn't know what it was for, like Arnica gel, besides like anything that she couldn't get because she couldn't leave where she was.
MS. SMYSER: Did you have an understanding of what Arnica gel is used for now?
MS. SMYSER: What?
MS. SMYSER: When you would go take care of Cassie in these situations, where would she typically be?
MS. SMYSER: What was your understanding of why she was in the hotel?
MS. SMYSER: When you went to visit her, could you and Cassie leave the hotel together?
MS. SMYSER: Why not?
MS. SMYSER: Who decided that?
MS. SMYSER: When would Cassie leave the hotel?
MS. SMYSER: Mia, next I want to direct your attention to December 22, 2011. Did you take a trip to New York around that time?
MS. SMYSER: Where were you before you left for New York?
MS. SMYSER: What was the mood at Mr. Combs' house that morning?
MIA: It was like dark, it was really -- it was -- the energy felt really bad, but in a different way than normal.
MS. SMYSER: What do you mean by, in a different way than normal?
MIA: It was like -- because normally I was used to -- I was used to when the energy was bad and he was mad, but this was more of a like -- I don't know, like -- how do I describe it. You know when -- like Puff was -- instead of just mad, Puff was upset but --
MS. SMYSER: At some point, Mia, before you left, did you talk to Mr. Combs?
MS. SMYSER: What did he tell you?
MS. SMYSER: Did he say who that person was?
MS. SMYSER: Who was it?
MS. SMYSER: How did he appear when he was saying this?
MS. SMYSER: How did this compare to other times in which Mr. Combs was upset with Cassie, from what you could see?
MIA: Normally, he was just angry and aggressive, and this time felt like almost this dark, like calm before the storm. Not calm before the storm. Like some sort of ominous -- all the times before I had never witnessed Cass do something to cause him to be upset, and this was the first time that something had happened where, you know, naturally a person would be upset about. So it felt like -- I felt like I was bracing myself for something really bad to happen.
MS. SMYSER: Did you see Cassie that morning?
MS. SMYSER: Where was she?
MS. SMYSER: Who, if anyone, was with her?
MS. SMYSER: Then you said at some point you left to go to New York, is that right?
MS. SMYSER: When you left, did you reach out to any other employees?
MS. SMYSER: Who did you reach out to?
MS. SMYSER: And D-Roc is security, is that right?
MS. SMYSER: Why were you reaching out to Sienna and D-Roc?
MR. STEEL: Objection.
THE COURT: It's overruled.
MS. SMYSER: You can answer.
MIA: I was worried about Sienna -- I don't believe it ever had to navigate a situation like that on her own. And then I was also worried about Cass, and I was worried about Puff. And D-Roc is like my big brother, and we all -- we both were close with Puff and sort of felt responsible for making sure everybody was OK.
MS. SMYSER: Would you and D-Roc communicate about this kind of thing typically?
(Continued on next page)
BY MS. SMYSER:
MS. SMYSER: All right, Mia.
MS. SMYSER: Ms. Foster, could you please display for the witness what has been marked for identification as Government Exhibit 3T-112 side by side with Government Exhibit 3T-112-R.
MS. SMYSER: Do you recognize this?
MS. SMYSER: What is it?
MS. SMYSER: How do you know?
MS. SMYSER: Is it a fair and accurate representation of your e-mails?
MS. SMYSER: And is Government Exhibit 3T-112-R a redacted version of 3T-112?
MS. SMYSER: You can take those down, Ms. Foster.
Your Honor, the government offers Government Exhibit 3T-112 under seal pursuant to the Court's pseudonym order and the government offers 3T-112-R into evidence.
MR. STEEL: Same objection.
THE COURT: Just give me one second.
Ms. Smyser, can you lay some more foundation before we admit these two exhibits?
MS. SMYSER: Sure, your Honor.
MS. SMYSER: So focusing on your communications with D-Roc, what were some of the reasons you were communicating with D-Roc in this situation?
MR. STEEL: Objection.
THE COURT: That's overruled.
MS. SMYSER: You can answer.
MR. STEEL: Objection.
THE COURT: All right. Let's get a new question.
MS. SMYSER: Would you typically communicate with D-Roc as part of your job?
MS. SMYSER: And would you communicate with D-Roc about situations like this as part of your job?
MS. SMYSER: And why would you do that?
MIA: Because D-Roc and I, to -- it was like this also family dynamic situation. Like he was my big brother and like he would have to -- we would have to figure out -- we would have to know what was going on to like help them and also protect them. I mean, it was just --
MS. SMYSER: And were you and D-Roc both employed by Mr. Combs?
MS. SMYSER: And what was D-Roc's job?
MS. SMYSER: And was it part of D-Roc's job to protect Mr. Combs?
MS. SMYSER: Your Honor, the government would offer these two exhibits.
THE COURT: All right. That's 3T-112 and 112-R?
MS. SMYSER: Yes, with 3T-112 being under seal pursuant to the Court's pseudonym order.
THE COURT: 3T-112 will be admitted under seal and 3T-112-R will be admitted.
(Government's Exhibits 3T-112, 3T-112-R received in evidence)
MS. SMYSER: Ms. Foster, can you please display 3T-112-R for the jury and for the parties.
MR. STEEL: Your Honor, we're preserving our objection.
THE COURT: Yes.
MR. STEEL: Thank you.
MS. SMYSER: Mia, what are we looking at here?
MS. SMYSER: So I want to direct your attention to the message at the bottom of the page.
MS. SMYSER: Who sent that message?
MS. SMYSER: And this message starts with: I'm currently Neil's.
Who was Neil?
MS. SMYSER: Could you please read this message?
MIA: I'm currently at Neil's third home right now, the sky, and I'm on my way to NYC, hit this e-mail when you land. I got to talk to you when I get there. Love you.
MS. SMYSER: At the end of the message you said love you. Why did you say that?
MS. SMYSER: Were you romantically involved with D-Roc?
MS. SMYSER: D-Roc then says: What's up, I'm on my way to my crib.
MS. SMYSER: What did you say in response?
MIA: I'm just super worried about P. I have no clue what's going on and I don't usually care to know the details since they're usually the same, but something felt wrong this morning. This awful energy. What is going on. It has me sickly worried. I'll call you when I land.
MS. SMYSER: And who is P here?
MS. SMYSER: And you said the details are usually the same. What do you mean by that?
MS. SMYSER: And how was this different?
MS. SMYSER: All right. D-Roc then says: Yeah, it's crazy right now. We deff need to talk. Love you.
And when D-Roc said love you here, what did you understand that to mean?
MS. SMYSER: And how did you respond?
MS. SMYSER: You can take that down, Ms. Foster.
And could you please display for first just for the witness Government Exhibit -- or for the witness and the parties Government Exhibit 3T-111 side by side with 3T-111-R.
MS. SMYSER: Do you recognize these?
MS. SMYSER: What are they?
MS. SMYSER: And are they fair and accurate representations of your e-mails?
MS. SMYSER: And is 3T-111-R redacted version of 3T-111?
MS. SMYSER: You can take those down, Ms. Foster.
Your Honor, the government offers Government Exhibit 3T-111 under seal pursuant to the Court's pseudonym order and the government offers Government Exhibit 3T-111-R into evidence.
THE COURT: No objection? I'm seeing a shake of the head.
MR. STEEL: No opposition.
THE COURT: All right. No objection. 3T-111 will be admitted under seal and 3T-111-R will be admitted.
(Government's Exhibits 3T-111, 3T-111-R received in evidence)
MS. SMYSER: Ms. Foster, will you please pull up 3T-111-R for the jury.
MS. SMYSER: Who are the participants in this e-mail?
MS. SMYSER: And what is the date and time of the first message?
MS. SMYSER: And who sent it?
MS. SMYSER: When did you send this?
MS. SMYSER: To New York?
MS. SMYSER: And what did you say?
MS. SMYSER: Were you saying love you romantically?
MS. SMYSER: Why did you say it?
MS. SMYSER: How did Mr. Combs respond?
MS. SMYSER: And how often did he say things like that?
MS. SMYSER: You can take that down.
MS. SMYSER: All right, Mia, I want to turn to a new topic now.
Apart from when Cassie was in hotels for her injuries like we discussed earlier, when you were working for Mr. Combs, were there ever times that Mr. Combs and Cassie went to hotels together?
MS. SMYSER: And how did you refer to these nights?
MS. SMYSER: How long did hotel nights typically last?
MIA: They were all different. It depended sometimes -- pardon me.
If he, if Puff had worked like a bunch of stuff on his schedule, the next day, sometimes it could be one night, sometimes it could be multiple nights.
MS. SMYSER: And I think you mentioned earlier that Toni Fletcher booked hotels; is that right?
MS. SMYSER: Were there any other employees later in your tenure who helped book hotels and travel?
MS. SMYSER: Who?
MS. SMYSER: What if anything was your role related to these hotel nights?
MIA: I would sometimes take them there, unpack, set up. And then I would have to just be -- any time Puff wanted me to bring, like I had to be on call essentially if he needed anything. And then pick them up and also like clean up before housekeeping.
MS. SMYSER: Okay. So you said a few things there so I want to break them down.
You said you would sometimes take them to the hotel. Who is them?
MS. SMYSER: And you also said you would set up hotel rooms; is that right?
MS. SMYSER: What kind of supplies would you bring to set up these hotel rooms?
MS. SMYSER: And what other toiletries would you bring?
MS. SMYSER: You mentioned candles. Were there any particular brands of candles that you brought?
MIA: Yeah. There was a mixture of like the cheap and the expensive ones. The cheap ones were -- they all had to be white, but the cheap ones were the Glade white linen with the label off. And then the expensive ones were Diptyque.
MS. SMYSER: And you mention that sometimes -- that you were on call during these nights; is that right?
MS. SMYSER: Would Mr. Combs call you?
MS. SMYSER: And what typically would he contact you about?
MIA: Just anything that he needed to be brought to the hotel or an unexpected to-do list. Anything like that.
MS. SMYSER: What kinds of things would he ask you to bring to the hotel?
MIA: Anything he forgot at the house or like food or if he asked like security to bring him anything and I was already going there, then I would bring whatever he asked security to bring, which was usually, like, money.
MS. SMYSER: And so when you would get money from security to bring to the hotel, approximately how much money would you be bringing?
MIA: I never counted it, but I could see it. It was like -- it was a lot. It was like, like thousands of dollars.
MS. SMYSER: Was there ever a time when you saw Cassie during a hotel night?
MS. SMYSER: Once or more than once?
MS. SMYSER: Is there a time that sticks out to you?
MS. SMYSER: Where were you when you saw Cassie during that hotel night?
MS. SMYSER: And why were you at the hotel?
MS. SMYSER: So after Mr. Combs asked you to bring something to the hotel, what did you do?
MIA: I would bring it, but I would say, like, do you want me to leave it at the front desk or do you want me to bring it up.
MS. SMYSER: On this occasion, did you bring something up to the room?
MS. SMYSER: Who answered the door?
MS. SMYSER: What was Cass wearing?
MS. SMYSER: Do you remember if she was wearing clothes?
MIA: She opened the door -- I don't remember her not wearing clothes. That doesn't stick out. She opened the door like really small.
MS. SMYSER: So she just peeked out the door?
MS. SMYSER: And how did Cassie appear to you when she peeked out the door?
MIA: Like she was struggling. Different than I had seen her before. So much that I asked, like, like are you -- like are you good. Like essentially like are you okay.
MS. SMYSER: And what did Cassie do after you asked if she was okay?
MIA: She was like, like, no, no, I'm okay, I'm good, like that. And closed the -- kind of like shh, I'm good. And closed the door.
MS. SMYSER: Mia, you mentioned that you also did cleanup of the hotel rooms; is that right?
MS. SMYSER: Who instructed you to clean up the rooms?
MIA: Puff, but it was also a part -- like from the office, like standard procedure that you called -- it was called sweep, like you sweep wherever he was. Like wherever he was, yeah.
MS. SMYSER: What if anything did Mr. Combs say to you about why you were supposed to clean these hotel rooms?
MIA: Because you wanted to clean up enough stuff that wouldn't be like a housekeeper couldn't take and run to TMZ or expose anything of his personal, private business.
MS. SMYSER: What did the hotel rooms typically look like when you cleaned them?
MS. SMYSER: And what do you mean when you say a nightmare?
MS. SMYSER: And what specific kinds of damage did you see?
MIA: I saw a lot of candle wax everywhere that was like impossible to get out. There would be lots of wet towels everywhere. I've seen broken glass, water all over the floor, sometimes blood. Oil all over, you know, furniture and walls and things like that.
MS. SMYSER: You mentioned blood. What if anything did Mr. Combs tell you about the source of the blood?
MS. SMYSER: Mia, were you ever with Cassie before a hotel night with Mr. Combs?
MS. SMYSER: Once or more than once?
MS. SMYSER: Is there a time that sticks out to you?
MS. SMYSER: Where were you on that occasion?
MS. SMYSER: What if anything happened in Cassie's car?
MIA: She got a message and was like ugh, she was like, like upset, like ugh. Puff wants to get -- wants to have a hotel night. And she seemed -- she was like visibly, like, upset. And, like, more, like, nervous, like really nervous. And she started getting, like, stomach issues because of it.
MS. SMYSER: Did she get sick?
MS. SMYSER: Mia, what did Mr. Combs and Cassie do after hotel nights?
MIA: We called them -- well, we called it like man down because they would -- whether it was at the hotel or house or wherever, they would basically stay in a room and just -- and sleep for, you know, a day or two or three and just wake up to eat.
MS. SMYSER: Next I want to talk about a different topic and I want to talk about drugs.
Aside from marijuana, before you started working with Mr. Combs, had you taken drugs?
MS. SMYSER: While you were working for him, did you take drugs?
MS. SMYSER: How often?
MS. SMYSER: And when you took these drugs, was it with Mr. Combs, without Mr. Combs, or both?
MS. SMYSER: The times you took drugs with Mr. Combs, who provided the drugs?
MS. SMYSER: Where were you when you did drugs aside from marijuana the first time?
MS. SMYSER: And do you remember when approximately this was?
MIA: I don't remember the year. Because every year he had a party during Winter Music Conference at his Miami house. But I don't remember which year it was.
MS. SMYSER: And who gave you the drugs on this occasion?
MS. SMYSER: What kind of drugs was it?
MS. SMYSER: And what if anything did Mr. Combs say when he gave you the MDMA?
MS. SMYSER: And what did you understand the breakfast club to mean?
MIA: It was like a close circle of friends that like partied through breakfast, like it was like the cool kids club. I don't know.
MS. SMYSER: What did Mr. Combs say about the MDMA?
MS. SMYSER: And did you take the MDMA?
MS. SMYSER: Why did you take it?
MIA: Because I felt safe and protected by doing this under Puff's, I guess, supervision. And I also felt -- I also knew the dynamic would shift, that now I was, you know, a friend hanging out and could enjoy myself. Yeah.
MS. SMYSER: So you felt like you were more like a friend than an employee in that instance?
MS. SMYSER: And you said that you felt safe taking the MDMA on that occasion. Why was that?
MIA: Because I -- because Puff was like my only authority and I believed -- so I believed everything he told me and -- yeah, I don't know how to explain that, but...
MS. SMYSER: And he had told you that he had the best drugs?
MS. SMYSER: What if any effect did the MDMA have on you?
MIA: I made a lot of new friends. I was smiling a lot. I loved -- I hugged everybody I saw. And, yeah, I just had a -- I was very, like, happy.
MS. SMYSER: What other kinds of drugs did Mr. Combs provide you?
MS. SMYSER: So you remember him providing you MDMA and ketamine; is that right?
MS. SMYSER: Focusing on the ketamine, where were you when Mr. Combs gave you ketamine?
MS. SMYSER: And where exactly at Burning Man were you?
MIA: We were on a tour bus where he was like -- where we were sleeping, and but he was basically hosting a bunch of people on it. Like he was partying on it.
MS. SMYSER: How did it come about that Mr. Combs gave you ketamine?
MIA: He had put all the blackout shades up and like put the disco lights on and pulled out three plates, and there was like white powder on each plate. And it was presented as some sort of game of. Like, he said one was Molly, one was cocaine, and one was ketamine. And people were, like, taking turns going up and I guess playing some, like, guessing game.
MS. SMYSER: And what if anything did Mr. Combs say to you when these three plates of drugs were out?
MS. SMYSER: And how did you react when Mr. Combs said it was your turn?
MS. SMYSER: What happened after you tried to say no?
MIA: I was -- Puff wouldn't let it go. And was, at first, sort of like making jokes about it, but then it turned a little bit more serious.
MS. SMYSER: And what do you mean it turned more serious?
MIA: His tone started to change. Like, like, I was going to mess up the whole vibe and, like, he was monitoring because I tried to -- I tried to fake, I tried to fake it, like fake snort it, and he got like close to my face and was upset that I just tried to, I guess, fake it.
MS. SMYSER: So you were trying to fake taking the drugs?
MS. SMYSER: And how did Mr. Combs react to that?
MIA: He was like humiliating me and then was, like, going to -- he was going to separate. Like basically monitor and separate the amount that I needed to take.
MS. SMYSER: So did he separate out a dose?
MS. SMYSER: And what did you understand you were supposed to do with that?
MS. SMYSER: And what did you do?
MIA: I like -- I did, but then I when I got, like, away from him for a minute, I, like, tried -- I blew a lot of it out because I was so scared of the ketamine, watching what it did to others.
MS. SMYSER: Had you ever taken ketamine before?
MS. SMYSER: And you said you were watching what ketamine did to others. What did you see?
MIA: We had a friend that had just gone through what looked like an exorcism, and they called it like a k-hole, which I guess means you have done too much. It didn't look like -- I don't know. It wasn't like you were in -- it didn't look like you were in control of yourself. And then another friend next to me had just also gone into one, but seemed to be enjoying it. I don't know. It just wasn't -- that wasn't the atmosphere for, for me.
MS. SMYSER: Did you want to take the ketamine?
MS. SMYSER: Why did you take it?
MS. SMYSER: I think, Mia, you said earlier that when you were working for Mr. Combs, you saw him do drugs; is that right?
MS. SMYSER: What kinds of drugs have you seen him do?
MIA: I've seen him take like Molly or MDMA, ketamine, and then prescriptions, but I don't know which ones.
MS. SMYSER: And on what occasions did you see him do drugs?
MS. SMYSER: And were there any other occasions other than parties when Mr. Combs appeared to be high to you?
MS. SMYSER: And when were those occasions?
MIA: There were -- there were a few times that -- well, at the studio, and there were, like a handful of times I remember that stuck out to me where I thought, like, this is an inappropriate time.
Like one time it was a board meeting. One time was like going to the Chelsea Handler Show. Like there were just a few times where it was -- where I was like, oh, gosh, when am I going to have to pull him to the side and say, like, you look a little crazy at the moment.
MS. SMYSER: And so during these times when Mr. Combs appeared high, did he do any work?
MIA: Well, to me, Puff was, like, always working essentially. But, yeah, he did -- yeah, he was in work situations, yes.
MS. SMYSER: And from what you could see, where did Mr. Combs store his drugs?
MS. SMYSER: What is the med bag?
MIA: The med bag was like a Louis Vuitton pouch essentially that held, like, his prescriptions, and sort of like a gold traveling medicine cabinet.
MS. SMYSER: From what you know, what was kept inside the med bag?
MIA: A bunch of prescriptions. I'm not really sure which. Like I -- I'm not sure which ones. And I remember seeing -- like I didn't -- I tried not to, like, snoop in there. But I remember seeing, like, a plastic baggy with, like, yellow pills and then, like, I remember maybe seeing pills with sort of stamps on them, like, I don't know, happy faces with the eyes X'ed out or something like that.
MS. SMYSER: And where typically was the med bag?
MS. SMYSER: Okay. Mia, next I want to talk about your relationship with Mr. Combs.
At a high level, how would you describe how Mr. Combs treated you when you were working for him?
MIA: At a high level, he treated me -- sometimes he treated me like his, his, like, best friend, his, like, like, working partner. Sometimes he treated me like I was a worthless piece of crap.
MS. SMYSER: And so when Mr. Combs was treating you like his best friend or his working partner, what kind of things would he say to you?
MIA: The mood would be different or he would be talking to me about -- like we would talk about, like, personal stuff. He would, he would, you know, sometimes -- yeah, like compliment, compliment like the work I was doing, or he would sometimes act as my protecter. He would sometimes give me life advice or try to -- sorry.
MS. SMYSER: That's okay.
When you said there were times that he treated you like you were worthless, what kind of things would he do in those situations?
MIA: He would humiliate me. He would curse at me. He would go on, like, really long, extended rants about how incompetent and stupid I was. Yeah. Threaten my job. Just...
MS. SMYSER: Would he do anything to you physically?
MS. SMYSER: You know, Mia, when things were good and you were talking about when you were work partners, were there times that you and Mr. Combs talked about job opportunities for you?
MS. SMYSER: And what were those discussions like?
MIA: Before the Revolt Films, especially when times were hard, as in like there -- you know, I had a lot of things, a billion, trillion things on my plate, he would say things like, you know, one day you can have -- you can like take -- you can do whatever you want at any of my companies.
And that's when I was like, I don't want to. And I told him what I really wanted to do, which was like create and develop film and TV projects, especially comedy. And he said that's what he wanted to do too. So...
MS. SMYSER: And what would he say about those creative and TV projects when he was upset with you?
MIA: Oh, he would threaten to take them away or he would take them away. Take away my credits, tell me he's not doing them, things like that.
MS. SMYSER: So I want to circle back to a few things you just talked about, Mia. I think you mentioned that sometimes when Mr. Combs was upset, he would throw things at you.
What kinds of things would he throw at you?
MS. SMYSER: Let's talk about a few of those. Focusing first on the bowl of spaghetti. Where were you when he threw that at you?
MIA: I was at the -- sorry. I was at the -- in the kitchen, at the 9374 Beverly Crest Drive house.
MS. SMYSER: And just to remind us, was Mr. Combs there from approximately 2010 to 2014?
MS. SMYSER: Okay. And what time of day was it on this particular instance?
MS. SMYSER: Who was around at Mr. Combs' house that night?
MIA: I'm not -- I don't remember, like, what security or if there were any other assistants working, but whoever was with us in that capacity, and then a bunch of people that he had brought back from his club appearance.
MS. SMYSER: So Mr. Combs threw the bowl at you. What if anything did he tell you to do?
MS. SMYSER: And what did you do after he said that?
MS. SMYSER: And why were you going to your room?
MIA: Because I -- we had been out since like 8:00 in the morning, like, go, go, go, and I was next to him and barely got a break. And I was on my period and needed to change my tampon immediately.
MS. SMYSER: And how did Mr. Combs react when you started going toward your room?
MS. SMYSER: And what if anything did he say?
MIA: Like, yo, girl, I didn't tell you -- like, like, when I told you to go to iHop, I meant, like, now. I didn't tell you you could go to your f'ing room yet. And I tried to say something and he just -- it made him more, like, aggressive and louder and, like, going on sort of a really humiliating rant in front of everybody.
MS. SMYSER: And what did you try to say to him?
MIA: Well, I -- like after it went on for so long, there was -- there was literally blood dripping down my leg. And I finally just said, like, I just have to change my tampon, I have blood dripping down my leg.
MS. SMYSER: And how did Mr. Combs react to that?
MIA: He immediately like -- he had a bowl of spaghetti in his hand and he immediately like threw it at -- like threw it at me aggressively and started cursing me out and telling me, like, I better get the fuck out of his house and started, and then he chased me outside.
MS. SMYSER: Did the bowl hit you?
MS. SMYSER: How close was it to you?
MS. SMYSER: Did anyone intervene?
MS. SMYSER: And you said Mr. Combs chased you outside?
MIA: Yes. I don't know if he made it outside but he chased me, like, up the stairs and I ran out of the house barefoot.
MS. SMYSER: Where did you go after that?
MS. SMYSER: Did there come a time when someone from human resources talked to you about this incident?
MS. SMYSER: Who talked to you?
MS. SMYSER: At a high level, what do you remember Vashta telling you?
MIA: That I was going to be suspended without pay. That's because Puff -- that's what Puff said.
MS. SMYSER: And what did they say was the reason that you were going to be suspended?
MS. SMYSER: Did she say anything about Mr. Combs throwing the bowl or chasing you out of the house?
MS. SMYSER: All right, Mia, you also mentioned that Mr. Combs threw a computer at you; is that right?
MS. SMYSER: Where were you when that happened?
MS. SMYSER: Do you remember when this was?
MS. SMYSER: Who was around on this movie set?
MIA: On his trailer was like his barber, I believe Derek, his stylist, I remember Swizz Beatz and I think Capricorn and just whoever else was working.
MS. SMYSER: Okay. What if anything did Mr. Combs ask you to do before he threw the computer at you?
MIA: We had just arrived, and he was like the WiFi is not working. So I ran to go find a production assistant and just let them know and see if they were like fixing the situation. And they were.
So I --
MS. SMYSER: Did you return to Mr. Combs after figuring out the WiFi situation?
MS. SMYSER: What did you tell him about the WiFi?
MIA: I was trying to regurgitate -- I was trying to tell him what the production assistant had told me, that they were working on it, but he didn't let me finish.
MS. SMYSER: And what did he do at that point?
MIA: He cut me off and started screaming at me that, like, I shouldn't come back here until I figured out the WiFi myself. Something about I don't care if you have to call Bill Gates, and then he chucked the computer at my head.
MS. SMYSER: So he threw the computer at your head?
MS. SMYSER: Did the computer hit you?
MS. SMYSER: How close was it to your head?
MIA: It was -- it was very close. Like it -- it was, it was very close. I just remember being like, oh, wow, he meant to -- he meant to hit me.
MS. SMYSER: How hard did it appear that Mr. Combs threw the computer?
MS. SMYSER: What did you do after he threw the computer?
MS. SMYSER: Are these all of the times that Mr. Combs threw things at you or just some of them?
MS. SMYSER: And how did you feel when Mr. Combs threw things at you?
MIA: Terrified and so humiliated and so confused, like what -- what did I -- what did I do so -- like what did I do so wrong that -- something is wrong with me that I would make him so, so upset. I just -- yeah.
MS. SMYSER: Were there times in which Mr. Combs physically injured or hurt you?
MS. SMYSER: When did that happen?
Was once at Cassie's apartment like we talked about earlier?
MS. SMYSER: Where else do you remember Mr. Combs hurting you?
MS. SMYSER: Okay. So let's take those in turn.
You mentioned once in Turks and Caicos. Was that on the same Turks trips that you testified about earlier?
MS. SMYSER: And where were you when this happened in Turks?
MS. SMYSER: Did there come a time when you were woken up?
MS. SMYSER: And how did you wake up?
MIA: I woke up in shock by having -- it was an ice bucket, but it was like a jumbo, huge size metal one, like full of ice, like the whole thing dumped on me.
MS. SMYSER: And who dumped this ice and the bucket on you?
MS. SMYSER: What did Mr. Combs do after dumping this on you?
MS. SMYSER: And how did you respond to getting this ice dumped on you?
MS. SMYSER: What did you do after Mr. Combs took your phone?
MIA: I panicked, because I didn't want him to go through my phone and I like jumped on his back.
MS. SMYSER: And why didn't you want Mr. Combs to go through your phone?
MIA: Because the -- so our internal team, personal team, we would keep each other, like, aware of his, like, moods. I mean, and, like, help each other out. So sometimes those weren't really worded the nicest and I was -- I didn't want him to like find me I guess like talking shit about him. Because I didn't know what that would do if...
MS. SMYSER: So you jumped onto his back?
MS. SMYSER: And then what did he do after you jumped onto his back?
MS. SMYSER: Mia, let's focus next on the incident you mentioned at the Revolt network office.
Is that Revolt TV not Revolt Film?
MS. SMYSER: And where was that office located?
MS. SMYSER: Had you been there before?
MIA: If I had, only like once because I didn't remember -- I wasn't familiar with -- if I had, it hadn't been, like, a lot. Like, I wasn't familiar with the area or the building.
MS. SMYSER: And when, approximately, was this?
MS. SMYSER: Are you estimating sometime around 2012?
MS. SMYSER: And what were you doing with Mr. Combs at the Revolt office?
MIA: Puff like enlisted me to help at the beginning of developing the network. And so he had me there for some sort of like come to Jesus meeting with everybody from Revolt network -- I mean, yeah.
MS. SMYSER: And what did he ask you to do?
MS. SMYSER: Okay. So what happened after you got someone on the phone?
MIA: I was following pretty closely to him because Derek, his stylist, had just asked me how's Puff's mood because he had to meet with him. And I said something like he's being -- he's -- I said something not so nice I guess, probably like he's being a jerk or an A-hole or something like that.
And so I was following really closely I guess obviously because I didn't want him to -- I wanted to, like, get the phone back after he hung up so he didn't see it.
MS. SMYSER: So what did Mr. Combs do with the phone?
MIA: He started, like, looking at me and he's like why are you -- why are you following so close. He's like what do you got on this phone. And then he ran away.
MS. SMYSER: And when he ran away, did he take the phone with him?
MS. SMYSER: Did you follow him?
MS. SMYSER: Where did he go?
MS. SMYSER: Did you run into the bathroom too?
MS. SMYSER: What happened in the bathroom?
MIA: I got like partially in, like my arm got in the door and he -- he like slammed it on my arm. And at first, I thought it was an accident, but then he did it multiple more times. Like, yeah.
MS. SMYSER: And how heavy was the door?
MS. SMYSER: And did you have any injuries from Mr. Combs slamming the door onto your arm?
MIA: Yeah. I thought at first like -- I thought at first like there's no way this isn't going to be broken, but I just had bruises.
MS. SMYSER: And what did Mr. Combs do after he slammed the door on your arm?
MS. SMYSER: Did he leave?
MS. SMYSER: And did he have your phone with him?
MS. SMYSER: At some point later that day, did you see Mr. Combs?
MS. SMYSER: Where did you see him?
MS. SMYSER: What if anything did Mr. Combs say to you at the studio?
MIA: He came outside and said something along the lines of like, yeah, I wouldn't want someone going through my phone if I had what you had in there either. And but I sent all the -- I sent all of your, like, compromising or inappropriate or naked or something like this photos to my phone so that I got something on you just in case you got something on me. Or just like, you know, you know -- because you got stuff on me. Like kind of as a -- like a bullying joke, but...
MS. SMYSER: How did you take it?
MIA: I was relieved because I knew he was lying and he didn't see the message from me and Derek. But, yeah.
MS. SMYSER: Did you in fact have compromising photos of yourself on your phone?
MS. SMYSER: And so Mr. Combs said to you now you have something -- now I have something on you like you have something on me. What did you understand that to mean?
MIA: Oh, just like because I was so like enmeshed in his life and his -- you know, he would always give me his phone or his computer or something that like, I don't know, that kind of, like, I know his like -- I know some of his secrets or I've seen some of his stuff, I don't know, that now, you know, now --
MS. SMYSER: Were you aware of anything specific he was referring to?
MIA: No. I was just always -- no, nothing specific. Just like I was, you know -- so like never really could like get a -- like leave his side, so I obviously knew.
MS. SMYSER: Had you ever tried to use anything like that against Mr. Combs?
MS. SMYSER: Ms. Foster, could you please pull up what's in evidence as Government Exhibit 3T-108-R.
MS. SMYSER: What is this, Mia?
MS. SMYSER: And just remind us who Toni is?
MIA: Toni was -- she might have been the chief of staff at this time, but if not, she was still in that role. Like -- or I'm sorry, still -- she still -- like -- sorry.
Yes, she was still doing things that role would. And Shannon was the executive assistant.
MS. SMYSER: So I want to focus on the first message. Who sent that message?
MS. SMYSER: And who did you send it to?
MS. SMYSER: What did you say?
MIA: Puff took my phone and left me on the street in Hollywood. My iPhone is in his car. Not sure when/if I'll get it back.
MS. SMYSER: Why were you sending this message?
MIA: Because I had to keep everybody aware of Puff's movements at all times in order to make sure he got around, or, you know, everybody was in position. And then plus also the office would send me a million things I had to ask him constantly. So I didn't want them to -- I didn't want Toni or Shannon to think that I was not being responsive to them because I had to respond, like, constantly.
MS. SMYSER: Okay. You can zoom out, Ms. Foster.
MS. SMYSER: Toni responds: Are you okay.
What did you say in response?
MS. SMYSER: What are you talking about here?
MS. SMYSER: So after Mr. Combs ran out of Revolt with your phone, what did you do?
MS. SMYSER: And where did he go?
MIA: He meandered through some, like, dark streets, and then, like, dove into his car and his driver and him drove away.
MS. SMYSER: You can zoom out.
MS. SMYSER: And then Toni asks you next what happened. And how do you respond?
MS. SMYSER: And what do you mean an in-person story?
MIA: I would never -- I would never tell anybody these sorts of stories, but especially on e-mail because -- and if there were any stories that included violence, I would omit those, but I would keep like Toni and Shannon sometimes, like, aware of, again, like his moods or whatever sort of situation it was.
MS. SMYSER: And why would you omit the violence when you would inform other people about this?
MS. SMYSER: Did you talk amongst the inner team about these things?
MS. SMYSER: So who are the kinds of people you would talk to about violence like this?
MIA: D-Roc, sometimes Derek, or I guess like sometimes Matt. Yeah, just like people who had been around and like would witness things.
MS. SMYSER: And who is Matt?
MS. SMYSER: And what if anything was your relationship with Matt.
MS. SMYSER: Mia -- we can take that down.
MS. SMYSER: We've now talked about several instances in which Mr. Combs was physically violent to you. How did you feel on those occasions?
MIA: Terrified, humiliated, embarrassed. Again, like I didn't know -- I didn't know, like, what I did wrong. And in a weird way like, like I -- like I -- like I didn't know why I deserved it. And but I made a lot of excuses for him in my head.
MS. SMYSER: Your Honor, I'm about to move on to a new topic if you would like to take an afternoon break, or I can keep going.
THE COURT: Let's take a break.
Thank you, members of the jury. We'll come back in 15 minutes. So we'll be back a little before 3:00 p.m. All rise.
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(In open court; jury not present)
THE COURT: Mia, we'll come grab you a little bit before 3:00.
MS. SMYSER: I won't finish with her today. I'll need to pick it up in the morning. But we're making progress.
THE COURT: Okay. Good.
MR. STEEL: Your Honor, did you say how long?
THE COURT: I said 3:00.
MR. STEEL: Three minutes? I was going to go.
THE COURT: No, 3:00 p.m. But let's like try to start at 3:00. Thank you.
(Recess)
(Continued on next page)
THE COURT: Are we ready to go, Ms. Smyser?
Let's bring Mia back.
(Jury present)
THE COURT: Ms. Smyser, you may proceed when ready.
MS. SMYSER: Thank you, your Honor.
BY MS. SMYSER:
MS. SMYSER: Mia, you testified earlier that Mr. Combs sexually assaulted you multiple times, is that right?
MS. SMYSER: Did you ever want to engage in any sexual activity with Mr. Combs?
MS. SMYSER: Over what period of time did the sexual assaults occur?
MS. SMYSER: Were they sporadic during your employment with Mr. Combs?
MS. SMYSER: Where was Cassie when these sexual assaults occurred?
MS. SMYSER: Did you tell her about them?
MS. SMYSER: Where were you the first time you remember Mr. Combs sexually assaulting you?
MS. SMYSER: For whose 40th birthday?
MS. SMYSER: Why were you at the Plaza Hotel?
MS. SMYSER: Were you Mr. Combs' personal assistant at the time?
MS. SMYSER: Approximately how long had you been working for Mr. Combs at this point in time?
MS. SMYSER: How much of the hotel had Mr. Combs rented for his birthday party?
MS. SMYSER: Where was Mr. Combs physically located at the party?
MIA: He had like a penthouse suite, and then the downstairs of the hotel was where the main party was, so he was going back and forth between.
MS. SMYSER: Was there a time when Mr. Combs was in the penthouse?
MS. SMYSER: Did there come a time when you went to the penthouse?
MS. SMYSER: Why?
MS. SMYSER: When both you and Mr. Combs were in the penthouse, who else was there?
MIA: A lot of people. Malcolm, whoever was working at the time, and then other party guests, celebrities.
MS. SMYSER: Was Cassie there?
MS. SMYSER: What did Mr. Combs do when you were in the penthouse?
MS. SMYSER: After he asked you to speak to you in the kitchen, what did he do?
MS. SMYSER: Did you end up going into the kitchen?
MS. SMYSER: Who was in the kitchen with you and Mr. Combs?
MS. SMYSER: What did Mr. Combs tell you in the kitchen?
MIA: He was saying that he noticed what a good job I was doing and that I didn't have to be nervous or scared to come to him, because at that time I was just going through Malcolm, the other assistant, to ask questions or -- I wasn't really like going direct to Puff. And he was saying that he had noticed I was doing a great job and that like -- sort of like we were going to be working closer together, so we should -- things like that.
MS. SMYSER: What, if anything, did Mr. Combs offer you when you were in the kitchen with him?
MS. SMYSER: How many shots did he give you?
MS. SMYSER: What did you do with the shots?
MS. SMYSER: Had you been drinking earlier that night?
MIA: Not that I can recall, but, if so, like it wasn't affecting -- it wasn't like affecting me.
MS. SMYSER: How did these shots that you took with Mr. Combs make you feel?
MIA: I remember thinking like that, whoa, did I not eat or something because they affected me, like I felt like they hit me kind of hard.
MS. SMYSER: How did shots normally make you feel at this point in your life?
MS. SMYSER: What did Mr. Combs do after you took the shots?
MIA: He was still talking, like, and I just remember my back -- I was like standing against the wall, and I just remember he was talking and, all of a sudden, his face got closer. Like I remember my eyes couldn't like focus on his face because it was so close, and I didn't really know what was happening. And he put his arm next to my head up against the wall and like leaned in to like kiss me and put his other hand up the side of my dress.
MS. SMYSER: I just want to make sure I have this straight. Did Mr. Combs kiss you at that point?
MS. SMYSER: Did you want Mr. Combs to kiss you?
MS. SMYSER: Did Mr. Combs put his hand up your dress?
MS. SMYSER: Did you want him to do that?
MS. SMYSER: Were you able to tell Mr. Combs no in that moment?
MS. SMYSER: Why not?
MS. SMYSER: What is the next thing that you remember happening after Mr. Combs kissed you?
MIA: My next like memory is I just remember being on a chair like in the main room in the penthouse and like coming to the chair and the sun was coming up.
MS. SMYSER: When you came to, were you clothed?
MS. SMYSER: Was anyone else around?
MS. SMYSER: At this point in time, when Mr. Combs kissed you, what did you think about Mr. Combs' role?
MIA: He was my boss. He was a very powerful person. He was to me like -- he is younger than my dad, but I looked at him like an older -- like adult. He was the boss or the king, very powerful person.
MS. SMYSER: Mia, earlier you said the next thing you remember is coming to on a chair in the penthouse. Do you remember how you got from the kitchen to the main penthouse?
MS. SMYSER: What do you mean when you say like you came to?
MS. SMYSER: What were your expectations about whether something like this would happen again?
MIA: I thought it would never happen again. I thought, oh, my gosh, he was so drunk, and I will never tell anybody. It was probably like a huge accident, and I was sort of like -- I knew the confidentiality, and I was just kind of like I didn't want that to -- I thought that he would have never remembered that and that it was a huge accident, and I was never going to -- I was going to act like nothing happened.
MS. SMYSER: Were there other times after this incident at the Plaza Hotel in which Mr. Combs made you feel uncomfortable sexually?
MS. SMYSER: Approximately how long after his 40th birthday party was the next time you remember?
MIA: I don't know how long it was, but I remember still -- I remember how I felt as far as like I was still relatively new. Yeah. So I was still relatively new, but it wasn't like right after -- I don't know. Could have been months.
MS. SMYSER: Where were you the next time you remember this happening?
MS. SMYSER: At whose apartment?
MS. SMYSER: Why were you at Mr. Combs' apartment?
MIA: Because at the end of the -- whenever Puff was done for the day or the night, or whenever everybody went upstairs to like drop off his bags and set him up, and I was the one with his bags.
MS. SMYSER: When you got to the apartment to do that, did you see any other employees?
MS. SMYSER: Who from security was there?
MS. SMYSER: What, if anything, did Uncle Paulie say to you at this time?
MR. STEEL: Objection.
THE COURT: Hold on.
Grounds.
MR. STEEL: Hearsay.
THE COURT: Ms. Smyser.
MS. SMYSER: It's for the effect on the listener, your Honor.
THE COURT: Overruled.
MS. SMYSER: What, if anything, do you remember Uncle Paulie saying to you?
MIA: He said something that made like me feel super uncomfortable. At first, I was going up to the apartment, I didn't think anything, and he said something like, not like a warning or like be careful, but something like, aha, I have seen this before. It was something that like made my inner alarms go off.
MS. SMYSER: Where did you go after speaking with Uncle Paulie?
MS. SMYSER: With whose bags?
MS. SMYSER: When you went upstairs, where was Mr. Combs?
MS. SMYSER: Where in the apartment?
MS. SMYSER: What did Mr. Combs tell you to do?
MIA: I was just dropping off the bags, and then he asked me to pull something up on the computer for him really quick.
MS. SMYSER: What did you do after he asked you that?
MIA: I went into -- his living room had like a U-shaped couch where that's where you would -- there wasn't much space in the apartment. That's where you would basically be in. I went to the far, far, far end and pulled up whatever he asked for.
MS. SMYSER: What did Mr. Combs do when you were pulling this up on your computer?
MIA: He came and sat next to me and then like leaned over -- leaned over me almost to like look -- put his face in the computer, but this was -- like in an uncomfortable way.
MS. SMYSER: Aside from when Mr. Combs had kissed you and put his hand up your dress, had he ever been that close to you?
MS. SMYSER: How did you feel when he was leaning over you?
MIA: There was something inside of me that was like sounded the alarm bells, like I felt really uncomfortable, but I didn't know how to behave because I didn't want to make a big deal if it was nothing.
MS. SMYSER: What did you do next?
MIA: I faked like -- I said, oh, I have to go to the bathroom so bad, like I had to pee, and I got up and like ran to the bathroom.
MS. SMYSER: What happened after you went to the bathroom?
MIA: He was like: OK. Well, I'll see you tomorrow. And he let me go for the night. So I thought that -- I thought, see, he wasn't trying to do anything. I just convinced myself that I was --
MR. STEEL: Objection.
THE COURT: That's overruled.
Let's get a new question.
MS. SMYSER: How did this incident make you feel, Mia?
MIA: When he let me go, I felt like, OK, see, like he wasn't trying to do anything. That was just -- that is all in my head. That was just some silly joke that Uncle Paulie was saying. I felt crazy and felt safe again.
MS. SMYSER: Mia, you mentioned earlier that Mr. Combs sexually assaulted you on multiple occasions. Where were you the next time you remember Mr. Combs sexually assaulting you?
MS. SMYSER: That's a house in Los Angeles?
MS. SMYSER: And he was in that house approximately 2009 to 2010, from what you remember?
MS. SMYSER: Where were you in the Beverly Grove house?
MIA: The room I stayed in was upstairs in a room with bunk beds, so I was asleep on the bottom bunk bed.
MS. SMYSER: Did you lock the door to your room?
MS. SMYSER: Remind the jury why not.
MR. STEEL: Objection.
THE COURT: It's overruled.
MS. SMYSER: Why didn't you lock the door to your room, Mia?
MS. SMYSER: And who did not allow to you look your door?
MS. SMYSER: Did there come a time a point in time when you woke up?
MS. SMYSER: What caused you to wake up?
MS. SMYSER: Who was on top of you?
MS. SMYSER: What do you remember happening when Mr. Combs was on top of you?
MIA: I remember -- I remember it was sort of like him telling you that, somehow, be quiet and using -- this just happened so fast. Using like one hand to get -- I guess his hands or whatever off.
MS. SMYSER: What did he do when he used that hand to get his hands undone?
MS. SMYSER: So you said he put himself inside of you, is that right?
MS. SMYSER: Do you mean that he put his penis inside of you?
MS. SMYSER: How did you react when that happened?
MS. SMYSER: How did you feel?
MS. SMYSER: Did you want to have sex with Mr. Combs?
MS. SMYSER: How long was this assault?
MS. SMYSER: How did it end?
MIA: I don't remember, but I know that he didn't -- that he didn't like leave the job unfinished, so --
MS. SMYSER: He wouldn't leave a job unfinished?
MS. SMYSER: Is that when it would end?
MS. SMYSER: Mia, where were you the next time you remember Mr. Combs sexually assaulting you?
MS. SMYSER: What were you doing at the Beverly Crest house?
MIA: I was -- we were like getting him ready to go to like a meeting or run out of the house, so I was on his bedroom closet floor, like putting stuff in a bag.
MS. SMYSER: Who was in the bedroom closet with you?
MS. SMYSER: Did there come a point in time when Mr. Combs came into the closet?
MS. SMYSER: What did Mr. Combs do when he got into the closet?
MIA: I wasn't paying attention. It was going so fast. But the next thing, I looked up, and he was like standing right in front of me, in front of my face.
MS. SMYSER: And what happened when Mr. Combs was standing right in front of your face?
MIA: He had -- he had his -- he had his -- he had his penis out, and he like grabbed my head and -- and put it in -- and put it in there.
MS. SMYSER: So Mr. Combs took his penis out, is that right?
MS. SMYSER: And did he grab your head and pull it toward him?
MS. SMYSER: Did he put his penis in your mouth?
MS. SMYSER: How did you react when that happened?
MS. SMYSER: How did you feel when Mr. Combs put his penis in your mouth?
MS. SMYSER: Did you want to give Mr. Combs oral sex?
MS. SMYSER: And how long did this last?
MS. SMYSER: Mia, other than what we have described so far, were there any other times in which Mr. Combs sexually assaulted you?
MS. SMYSER: Sitting here today, do you remember the details of those assaults?
MS. SMYSER: What generally do you remember?
MIA: I just remember a feeling, like a specific horrible dark like feeling in my stomach that I would get surrounding like certain like places, but I don't remember.
MS. SMYSER: Can you describe an example of a memory you have with that kind of dark feeling?
MIA: I remember one time we were flying on a private jet and everyone was asleep, our team was asleep, and in the back between the main like area and the bathroom there was a separate place where there was a bed that he would get to sleep. And it was normal if you had to go to the bathroom you just walked through there and it was -- yeah, everyone was asleep. I went to the bathroom and I remember, when I opened the door, that he was standing right there and like basically was trying to push me back inside, which I don't remember what happened.
MS. SMYSER: Do you remember getting pushed back into the bathroom?
MIA: Yeah. I remember trying to like -- trying to squiggle out of it, like, no, no, no. I would always, in order to get out of things like, if I ever could, I would make it about other people that could potentially hear or see or whatever. I remember being like, no, no, no. It didn't work.
MS. SMYSER: So you sometimes used other people as a distraction to get out of sexual encounters?
MS. SMYSER: How did you feel in this instance when you realized you couldn't distract Mr. Combs or squiggle out of it, even when other people were around?
MIA: Like helpless and like I have lost some layer of protection and so unsafe and just terrified.
MS. SMYSER: Sitting here today, do you remember exactly what happened in the bathroom?
MS. SMYSER: Mia, was there ever a time in which you initiated sexual contact with Mr. Combs?
MS. SMYSER: Was there ever a time you told Mr. Combs you wanted to have sex with him?
MS. SMYSER: I think earlier you mentioned that these assaults would happen sporadically, is that right?
MS. SMYSER: When they would happen, where was Cassie?
MS. SMYSER: Did Mr. Combs have any other girlfriends?
MS. SMYSER: Where were they in these instances?
MS. SMYSER: Were you able to predict when the sexual assaults would happen?
MIA: Never. Never. There was no -- they were always random, sporadic. It would go so oddly spaced out where I would never think that it would happen again. And the way that our dynamic was, I was constantly -- there were no boundaries, so it wasn't like it wasn't weird for me to be in his room at all hours of the night or waking him up or talking to him while he's on the toilet, and it never happened in situations that would be like that or when -- like during a party. It never, no.
MS. SMYSER: After an assault, what was your expectation about whether Mr. Combs would ever engage in sexual contact with you again?
MIA: I always thought like that it was the last time and that the next time I would -- if there ever a next time I would somehow be more prepared. We would have to get right back into work, and there was so much going on, I never processed it. I never thought it would happen again.
MS. SMYSER: What would you do after the sexual assaults occurred?
MIA: Just keep it moving. Like keep right back to whatever I was doing right before, which was always an insane amount of work or running around.
MS. SMYSER: And you mentioned that you would keep it moving. What did you mean by that?
MIA: That means just like that could never happen and keep on your like -- just stay focused on whatever you were doing before. Keep working. There was no time to stop and think and reflect or anything. Just keep it moving like it never happened.
MS. SMYSER: Is keep it moving a phrase that Mr. Combs would use?
MS. SMYSER: Mia, during any of these sexual assaults, was there any indication to you that Mr. Combs was on drugs?
MS. SMYSER: You have now described several times in which he has sexually assaulted you. Just to be very clear, during any of these incidents, did you want to engage in sexual acts with Mr. Combs?
MS. SMYSER: Did you actually tell him no?
MS. SMYSER: Why didn't you tell him no?
MIA: Because I couldn't tell him no -- I couldn't tell him no about a sandwich. I couldn't tell him no about anything. There was no way I could tell him no, because then he would know that I thought he was doing was wrong, and then I would be a target.
MS. SMYSER: What were you afraid would happen if you told Mr. Combs no with regard to sex?
MIA: That he would fire me and ruin my future and somehow twist the story into making me look like a threat.
MS. SMYSER: Why were you afraid of those things?
MIA: Because I was -- because I knew his power, and I knew his control over me, and I didn't want to lose everything that I worked so hard for or this like world that I -- that was the only thing that I had anymore.
MS. SMYSER: What, if anything, were you worried would happen to your job?
MS. SMYSER: What, if anything, were you worried would happen to you physically?
MS. SMYSER: You were worried about Mr. Combs physically hurting you if you told him no?
MS. SMYSER: When you told him no, not just about sex?
MS. SMYSER: What, if anything, did Mr. Combs say to you about these sexual assaults?
MS. SMYSER: And how would he threaten you with them?
MIA: He threatened that he was going to tell everybody, and he was going to telecast as though I had something to do with it.
MS. SMYSER: As if you had something to do with it?
MS. SMYSER: How did that make you feel when he threatened to tell everyone?
MIA: Like desperate and terrified and happened and the worst scariest situation. I would have done like anything to not have it happen, like it was my fault.
MS. SMYSER: Mia, when Mr. Combs was sexually assaulting you, did you tell anyone about it?
MS. SMYSER: Why not?
MS. SMYSER: What, if anything, were you worried would happen if you spoke up?
MIA: I would have been silenced. I would have been punished. I would have been exiled from my like second family. I would have had a horrible reputation. I would have lost everything.
MS. SMYSER: Who did you think would do those things to you?
MS. SMYSER: Why did you not tell HR or chiefs of staff about the sexual assaults?
MIA: HR was only around when Puff wanted to call HR to punish you. HR was not there to protect you, but also who is going to believe me. And this was way before me too. This is way before social media or mental like help awareness or sexual assault, way before any of this. I didn't have like a -- I didn't have like a -- I just thought I would be punished. There is no way I ever told them. Plus, this confidentiality.
MS. SMYSER: Who instilled confidentiality in you?
MS. SMYSER: When you are working for Mr. Combs, Mia, were there ever time that you saw other employees speak up about Mr. Combs' abuse?
MS. SMYSER: Who spoke up?
MS. SMYSER: Remind us who Kala is.
MS. SMYSER: Is this the same Kala Mr. Combs directed you to reach out to after he slammed Cassie's head into the bed frame?
MS. SMYSER: Did Kala speak up before or after that incident?
MS. SMYSER: How did you learn that Kala had spoken up about Mr. Combs?
MIA: I was told. There was like an urgent phone call among people, like executives, yeah, in the office.
MR. STEEL: Objection.
THE COURT: It's overruled.
MS. SMYSER: Were you on that call?
MS. SMYSER: What did you understand that Kala had said when she spoke up?
THE COURT: Hold on, Ms. Smyser. Can you lay a little bit more context for this call.
MS. SMYSER: Sure.
MS. SMYSER: Mia, who generally was on this call?
MIA: I don't remember everyone, but I know it was like HR at the time, I believe the chief of staff, I believe there were like C-suite executives.
MS. SMYSER: What is your understanding of the purpose of this call?
THE COURT: You may proceed.
MS. SMYSER: What did you understand that Kala had said when she spoke up?
MIA: She had told the new chief of staff casually that she thought that Puff had hit Cass and then the chief of staff told, I believe, HR.
MR. STEEL: Objection.
THE COURT: Overruled.
MS. SMYSER: Who was the chief of staff at that time?
MS. SMYSER: What happened to Kala after this phone call?
MS. SMYSER: Did Mr. Combs ever talk to you about Kala being fired?
MS. SMYSER: What did he tell you?
MS. SMYSER: And do what?
MIA: And testify everything that he told me to say and also about an incident that had happened a month or a few months before that.
MS. SMYSER: At a really high level, what had happened a few months before?
MIA: A few months before, Kala had been drinking in the office in the day and had forgotten to pay a bill of Puff's, and I was in the office getting that call and I let her know. And she threw the wallet at me, and I was like shocked, and she ended up getting aggressive and got in my face and then ended up punching me in the face, and I just left. And then later Puff punished both of us and made -- instead of punishing her, suspended me as well and made me stay with her and like help her get back on track.
MS. SMYSER: Was Kala fired after this incident when she punched you?
MS. SMYSER: When was she fired?
MS. SMYSER: You were just talking about Mr. Combs telling you that you may have to testify against Kala. Was this the only time Mr. Combs told you would have to testify against someone?
MS. SMYSER: When was the other time?
MS. SMYSER: Do you remember approximately when this was?
MIA: I don't remember, but it was a few years -- sorry. I feel like it was a few years before Kala.
MS. SMYSER: What did Mr. Combs tell you about testifying against Capricorn?
MIA: That if there was any sort of lawsuit I would have to get up on that stand and defend him and say what he wanted me to say.
MS. SMYSER: You would have to say what he wanted you to say?
MS. SMYSER: Did you actually have to testify?
MS. SMYSER: Mia, why didn't you go to the police about Mr. Combs sexually assaulting you?
MIA: I didn't even think -- that wasn't even like an option. I didn't even think that was an option.
MS. SMYSER: Had you had any interactions with the police related to Mr. Combs that gave you that belief?
MS. SMYSER: One or more than one?
MS. SMYSER: Did one of these interactions involve you specifically?
MS. SMYSER: Why don't you tell us about that.
MIA: I was driving in LA. I was speeding as fast as possible because I had to get to Puff, because he was upset that it was taking me so long to get to where he was, and I didn't -- I hadn't had time to go get my license renewed, so I didn't even have a license, and I was pulled over, and I was panicking because I didn't want to get in trouble with Puff.
So it was like the only time I ever name dropped, and I just said, I'm so sorry, but, please, I don't want to upset my boss. And when I told her who it was, she said, the only way -- she didn't believe me, and she needed proof, and in a very official way, to get him on the phone, so I did. And then the second I handed the phone, she started laughing and saying like, oh, my God, Puff Daddy, I love you, like just went into this whole very excited conversation, and then she let me go.
MS. SMYSER: Did you get a ticket?
MS. SMYSER: And you mentioned that there were multiple interactions with the police. Was Mr. Combs present for one of the other interactions?
MS. SMYSER: Who else was there?
MS. SMYSER: And what happened on that occasion?
MIA: We were pulled over for like doing something like speeding ridiculously or driving in the shoulder or something, and the cops approached pretty aggressively. Then once they saw Puff, they were like, oh, my bad, yeah, and left us alone.
MS. SMYSER: What city did these interactions with the police occur in?
MS. SMYSER: When was the first time you told someone else that Mr. Combs had sexually assaulted you?
MS. SMYSER: Was this before or after your first meeting with the government?
MS. SMYSER: Why did you not tell the government initially about the sexual assaults?
MIA: Because I didn't know that you had to tell the bad things that happened to you if nobody else saw, and I thought I could just die with it and never tell anyone because it's shameful, shameful thing of my life.
MS. SMYSER: Did you have a lawyer when you first met with the government?
MS. SMYSER: At some point did you get a lawyer to help you prepare for your testimony today?
MS. SMYSER: Did you disclose these sexual assaults to the government before or after you got a lawyer?
MS. SMYSER: Without getting into any discussions that you had with your lawyer, why are you talking about the sexual assaults today?
MR. STEEL: Objection.
THE COURT: Overruled.
MS. SMYSER: You can answer, Mia.
MIA: Because I have to tell the truth, the whole truth, and nothing but the truth. And also I now have a moral obligation because when you're scared into silence, these things continue to happen to others, and I can't --
MR. STEEL: Objection.
THE COURT: Ms. Smyser, again, another question.
MS. SMYSER: Do you want to be talking about the sexual assaults today, Mia?
MS. SMYSER: Why not?
MR. STEEL: Objection.
THE COURT: Overruled.
MS. SMYSER: Why not, Mia?
MIA: Because it is the most traumatizing -- it's the worst thing and most shameful thing that ever happened to me.
MS. SMYSER: Why are you testifying here today?
MR. STEEL: Objection.
THE COURT: Ms. Smyser, I think that has been asked.
MS. SMYSER: I think we can break here, your Honor were, before I move on to a new topic.
THE COURT: Very well.
Thank you, members of the jury. We will be back here to start at 9 a.m. tomorrow. Thank you for your hard work and close consideration.
As I always tell you, please do not speak with each other about the case. Do not look up anything about the case or talk to anyone else about the case, and have a great night. See you here tomorrow.
All rise for the jury.
(Jury not present)
THE COURT: Mia, we will see you tomorrow at 9 a.m.
Please be seated.
Any issues to address before we adjourn?
Ms. Smyser.
MS. SMYSER: No, your Honor.
THE COURT: Anything from the defense?
MR. AGNIFILO: Yes, your Honor. Two.
One, I sent a letter to the Court last night.
THE COURT: I have dutifully made the inquiries. I will let you know if I hear anything. We will make some arrangements if we can. I'm on it.
MR. AGNIFILO: I'm sure your Honor is.
I know your Honor -- it's fairly urgent on our end. I know the Court knows that. I have to actually say that on the record.
THE COURT: I appreciate that, and I appreciate you raising it.
MR. AGNIFILO: The other thing, and this is by way of kind of keeping the Court in the loop sort of in real time. And I am not going to get into details, because the details are between the parties.
The government sent us a letter late last night indicating fairly substantial changes in their direct case to come. That's all well and good. The reason I bring it up to your Honor is, we have not -- we got it about 11:00 last night, which is fine, but we really have not had a chance to discuss this as a team. It may change certain aspects of the defense case. It may make the defense case somewhat longer based on who the government is not calling for a variety of reasons. I can't say for sure.
But one of the things that I think is helpful, and I'm sort of seeing as we are going on, I want to kind of keep the Court in the loop kind of as we go, so when the kind of dust settles on this. It's a fairly substantial change. And we kind of see how, if at all, that changes the defense case, I will keep the Court updated.
THE COURT: That's vague enough for me not to really understand what the issue is.
MR. AGNIFILO: Here are the practical things.
It may be that the government rests sooner than they were planning to. That doesn't mean that the trial is going to end sooner than we were all planning to, because there are certain things, and I don't want to give away -- one of the few things we have on our side on the defense is, we get to react.
It may be that because of witnesses the government is not calling, we might have more on the defense case. That's really --
THE COURT: Understood.
MR. AGNIFILO: In terms of what the Court has been telling the jury, I think we are probably still bumping up against the 4th of July holiday. I don't see ending that much earlier, even if the government rests a few days or a week early.
THE COURT: That's fair. When I say that, that's a fair thing for you to raise so that I'm not setting expectations that we ultimately cannot meet. As I have said throughout, if you need the time to put on your case, then you'll have that time.
MR. AGNIFILO: Thank you, Judge. I know that. Thank you very much.
THE COURT: Anything else from the defense?
MR. AGNIFILO: I don't see anything else from us, Judge. Thank you.
THE COURT: We will see everyone here tomorrow at 8:30.
(Adjourned to May 30, 2025 at 8:30 a.m.)