MS. SMYSER: Thank you, your Honor. MIA, resumed. DIRECT EXAMINATION (cont'd)
BY MS. SMYSER:
MS. SMYSER: Good morning, Mia.
MS. SMYSER: You testified yesterday about how the highs were really high and the lows were really, really low when you worked for Mr. Combs, is that right?
MS. SMYSER: And at the end of the day yesterday you spoke about different times in which Mr. Combs sexually assaulted you, is that right?
MS. SMYSER: Were those times some of the lowest lows?
MS. SMYSER: Even after those things happened, did you still have some good times working for Mr. Combs?
MS. SMYSER: Were you close with other employees you worked with?
MS. SMYSER: Did you refer to the people you worked with as family?
MS. SMYSER: Why did you call them a family?
MIA: That's who I was surrounded with all the time, and we went through some horrible times together and great times together, and that's as how like everyone referred -- like we all referred to each other as.
MS. SMYSER: You mentioned yesterday that you dated one of Mr. Combs' employees, is that right?
MS. SMYSER: Who was that?
MS. SMYSER: Remind us what Matt Testa's role was.
MS. SMYSER: Is that a sound engineer for music?
MS. SMYSER: And you also testified yesterday that you were on call virtually all the time for Mr. Combs. How did that leave time to have a relationship with Matt?
MIA: It wasn't really a traditional relationship. Matt was around all the time, so I guess it was just being around somebody that supported you all the time. We had an apartment together in New York, but we were rarely ever together at the same time. So it wasn't -- yeah. It wasn't like a traditional relationship.
MS. SMYSER: Were you all able to hang out much outside of work?
MS. SMYSER: Mia, did you tell Mr. Combs at various points that you loved him, even after the sexual assaults started happening?
MS. SMYSER: Why did you do that?
MIA: Because that's just how we all -- that's how we talked to each other. And when the dynamic would shift to the best friend or friend dynamic, you were just desperate to keep it there because you're safe.
MS. SMYSER: Mia, I want to direct your attention to October of 2015. Where were you at that time?
MS. SMYSER: Why were you in South Africa?
MS. SMYSER: Who instructed you to go to South Africa?
MS. SMYSER: What did Mr. Combs tell you to do there?
MS. SMYSER: What was happening, from what you could see, between Mr. Combs and Cassie at this point in time?
MS. SMYSER: How had that happened?
MIA: It was through a video online, I guess, during one of his -- Puff's club appearances. She had popped up in the video.
MS. SMYSER: Who had popped up in the video?
MS. SMYSER: How did Cass react after seeing this video?
MS. SMYSER: What were her interactions, from what you could see, with Mr. Combs after seeing that video?
MIA: They talked on the phone or had -- they were on the phone, and then at one point she didn't want to speak to him, so she stopped answering his calls.
MS. SMYSER: Remind us where Mr. Combs was at this time.
MS. SMYSER: What did Mr. Combs do, from what you could see, when Cassie refused to answer his calls?
MIA: He had Kristina, who was his executive assistant at the time, and many others try to get Cass on the phone and then also try to get me to get Cass on the phone. So basically I was put in the middle.
MS. SMYSER: Put in the middle between Mr. Combs and Cassie?
MS. SMYSER: I want to talk some more about that.
MS. SMYSER: Ms. Foster, can you please pull up what's in evidence as Government Exhibit C-508-R.
MS. SMYSER: What is this, Mia?
MS. SMYSER: What's Kristina's last name?
MS. SMYSER: Could you just remind us what her role was at this time.
MS. SMYSER: How closely did Kristina work with Mr. Combs at this time?
MS. SMYSER: Who is sending the blue messages here?
MS. SMYSER: What about the gray messages?
MS. SMYSER: What is the date in which the first message was sent?
MS. SMYSER: I am largely going to read the blue messages, if you read the gray, and I'll ask you a few questions about them.
The first message says: Hey. It is KK.
Who is KK?
MS. SMYSER: Hey, it's KK. Do you get these? PD wants to talk to you. Sorry, messenger. Don't shoot.
Who did you understand Kristina would be referring to when she said PD wants to talk to you?
MS. SMYSER: How did you respond?
MS. SMYSER: Who were you talking about in this instance?
MS. SMYSER: Can we please turn to the next page.
MS. SMYSER: I am going to read Kristina's messages here.
Can you call me. He's trying to reach you. Call me first, though. Audio call not completed. Pausing here.
What do you understand audio call not completed to mean?
MS. SMYSER: There is another audio call not completed.
Spiral, call me, please. Audio call not completed. Audio call not completed.
MS. SMYSER: Could we turn to the next page.
MS. SMYSER: Another audio call not completed.
How do you respond to this, Mia?
MS. SMYSER: If we could zoom in on the top messages here.
MIA: I just woke up. Did you ever explain to him what time it was in Capetown because it's 7:49 a.m. So I have missed calls all through 3:45 a.m. etc. I will call you when we get to rehearsals. He doesn't sound in the right mind at the moment. So any reasoning should be in the a.m. your time.
MS. SMYSER: When you mentioned rehearsals here, what were you referring to?
MS. SMYSER: You also said he doesn't sound in the right mind at the moment.
What did you mean by that?
MS. SMYSER: What were you talking about when you said, he doesn't sound in his right mind?
MIA: He was irate, he would forget what he was talking about, and he was also slurring quite a bit and saying irrational things. That was my assumption.
MS. SMYSER: In the phone calls where he was slurring his words, what kinds of things was he saying to you?
MIA: He was threatening my job, and then he threatened to kill me, and then he was threatening -- he was just -- lots of threats telling me that he was on the phone with HR, even though I knew that wasn't true, things like that.
MS. SMYSER: How did you know that wasn't true?
MS. SMYSER: When you were in South Africa, did you have other phone calls with Mr. Combs in which he was not slurring his words or forgetting what he said?
MS. SMYSER: Did he make any threats during those calls?
MS. SMYSER: What kinds of threats did he make?
MIA: He threatened me and said I had to get on a plane right that moment and come back, it's like a 35-hour plane ride, or else I lost my job. He has threatened to fire me, and he also threatened to kill me, among other things like that.
MS. SMYSER: Mr. Combs had Kristina reach out to you before, Mia?
MS. SMYSER: Generally, when would that happen?
MS. SMYSER: I am going to read the last few messages here from Kristina.
I know. Any chance you can call me now. Sorry he just called me again. And said he really needs to talk to her. I'm really sorry. I am trying to help here. But honestly not sure what to do.
MS. SMYSER: Ms. Foster, could you please zoom out and turn to page 5.
MS. SMYSER: Let's focus in on the text starting with, he just called me again through the bottom of the page.
He just called me again and said he needs you to call him now. I told him everything you said, and he does not want to listen and said you need to call him now. Mia, I'm sorry. I don't know what else to do. Mia, he just told me to tell you if you don't call him in the next two minutes, you don't have a job.
What did you understand this last message to mean?
MS. SMYSER: Had Mr. Combs previously threatened to fire you at this point?
MS. SMYSER: And how did those threats make you feel?
MS. SMYSER: Ms. Foster, could you now turn to page 12.
MS. SMYSER: We are going to start with the message, Mia, PD wants to talk to you through the end of the page.
Mia, PD wants to talk to you. He is aware of the time and he says he wants to talk to you now. Please answer.
Then it looks like Kristina calls you. How many times does she call you?
MS. SMYSER: Did you answer?
MS. SMYSER: How did you end up responding?
MIA: Hey, guys, I just woke up with my phone underneath me and 48 missed calls/messages. I have never ignored you for PD or PD before, so I'm confused why you think I would start now. I was asleep hard. She tore something in her leg and went to bed super early. I keep waking up to a million missed calls at 3 and 4 a.m., and I assure you we are asleep and not ignoring. I don't hear my phone when I'm asleep ever. Does PD know the time difference? It's not abnormal to be asleep during the middle of the night. Because it really, really, really sucks to wake up to this every morning, as though I'm intentionally doing something wrong. I answer the phone all other times of the day/when I'm awake. I've been nothing but trying my hardest to make everyone happy and do whatever I'm supposed to, and I'm getting shit on from all sides, and it's really tough. I'm in a fucked-up spot, and I would just really appreciate you guys understanding that when you call and I don't answer, I'm not ignoring you. I am most likely asleep hard because I have hysterically cried myself to sleep. This is really stressful, you guys.
MS. SMYSER: Can we please go to the next page.
MS. SMYSER: Could you finish your text message.
MS. SMYSER: What does Kristina say in response?
MS. SMYSER: Let's turn to page 13.
Could you zoom in on the last text of the page, Ms. Foster.
MS. SMYSER: On this text Kristina says: How is it going over there today?
MS. SMYSER: Let's go to the next page to see Mia's response.
MS. SMYSER: How did you respond to that?
MIA: It's OK. I'm still pretty mentally sore, and I've been having extremely horrible night tears and anxiety so bad I can't breathe. But other than that, it's great. You?
MS. SMYSER: Who are your night tears about?
MS. SMYSER: Mia, was Mr. Combs also trying to reach you during the time of these text messages?
MS. SMYSER: Ms. Foster, could we now go to Government Exhibit 3T-101-R.
MS. SMYSER: What are we looking at here, Mia?
MS. SMYSER: Who took this screenshot?
MS. SMYSER: What application were you using to speak to Mr. Combs at this time?
MS. SMYSER: Is that what you were also using to speak to Kristina?
MS. SMYSER: Why were you using WhatsApp?
MS. SMYSER: Do you have your full WhatsApp conversation with Mr. Combs from this time?
MS. SMYSER: Why not?
MIA: I switched phones many times, but also I don't save messages or chats. Just like photos and contacts.
MS. SMYSER: So you have gotten several new phones since then?
MS. SMYSER: Approximately when were these messages sent?
MS. SMYSER: And the date at the top, October 31, 2015, does that reflect the date in which you screenshot these messages?
MS. SMYSER: Where were you at the time the messages were being sent?
MS. SMYSER: Who sent the messages in white?
MS. SMYSER: Who sent the messages in green?
MS. SMYSER: I am going -- could you please read Mr. Combs' first message.
MIA: If you don't call me now, fuck it all, and I am gonna tell everything and don't ever speak to me again. You have two min. Fuck her. Call my house now or never speak to me again. Fuck ABC and all lawyers. Let's go to war.
MS. SMYSER: I want to walk through parts of this message.
Mia, in the beginning Mr. Combs says: If you don't call me now, fuck it all, and I am going to tell everything.
When he said, I am gonna to tell everything, what did you understand him to mean?
MIA: It was his threat that he was going to tell Cass about the sexual assaults, but framed differently.
MS. SMYSER: What you do you mean, framed differently?
MS. SMYSER: How did that make you feel?
MS. SMYSER: Had you wanted to have sex with Mr. Combs?
MS. SMYSER: Mr. Combs continues here: You have two minutes. Fuck her. Call my HS now.
What did you understand call my HS to be a reference to?
MS. SMYSER: When he said, fuck her, who did you understand him to be referring to?
MS. SMYSER: The next portion says: Fuck ABC and all lawyers. Let's go to war.
What did you understand Mr. Combs to be talking about when he said fuck ABC?
MIA: So while we were in South Africa -- I'm sorry. I had finally like created and developed and started writing a comedy TV show based on a funny version of a character like me in his world, and we had sold it to ABC. And while we were in South Africa the press broke and it was like the most exciting thing that's ever happened in my life, so he is threatening to take that away.
MS. SMYSER: Were there other times that Mr. Combs threatened the show?
MS. SMYSER: Generally, when would he do that?
MS. SMYSER: Did the show end up airing?
MS. SMYSER: How did you respond to Mr. Combs?
MIA: I'm inside now. They are safety pinning a shirt on her and a fitting. I will pull her out the second that I can. I am trying not to say anything out loud because people are in this room and no one needs to know Puff's business, so please extend my time to nine minutes, please. I'm begging you.
MS. SMYSER: Here when you say, I will pull her out the second that I can, who are you referring to?
MS. SMYSER: Let's turn to the next page.
MS. SMYSER: What did you say next?
MIA: She just texted you. She said she just needs the tone to change. Please just be nice on the phone, please.
MS. SMYSER: I'll read the rest of Mr. Combs' messages if you read yours.
Call me now. Call me now, please. Yo. Call me. Call me now. Call me now. Call me now. Call me now. Call me now.
MS. SMYSER: Can we go to the next page.
MS. SMYSER: Call me. Call me now. Now. Now. I have come to the conclusion that it's best that we no longer have any dealings. Please don't call me. I won't call you.
MIA: I woke up with my phone under my face and 43 million messages and missed calls. I have never ignored a call a day in my life, so I hope you know I sure as hell wouldn't start now. I tried you back twice at 1 a.m., and I accidentally --
MS. SMYSER: Mia, is that the end of the screenshots here?
MS. SMYSER: Are these all the screenshots that you had?
MS. SMYSER: Ms. Foster, could you please pull up Government Exhibit 3A-150-R.
MS. SMYSER: What is this, Mia?
MS. SMYSER: Where were you when the email was sent?
MS. SMYSER: I want to walk through this now. I want to direct your attention to the bottom message.
Who sent this message?
MS. SMYSER: You sent it to Mr. Combs?
MS. SMYSER: On what date?
MS. SMYSER: Could you please read your message.
MIA: Hey, Puff. How are you. I heard that there is a lot going on, and I'm so sorry to hear that. You know I love you and would do everything for you, smiley face. I'm emailing you because I really just have to be honest with you about this.
I'm so embarrassed. But I bought my own ticket out here with my own money because I really wanted to make sure Cass was comfortable in her first couple of weeks away. She expressed to me that she was nervous, so I just went ahead and I booked it. Right now, so you know how embarrassing this is, if I change my flight I will incur a cost that I really cannot afford right now. Have I ever, ever, ever asked you about money? Embarrassing. I know that you are stressed, so I didn't want to bother you with this at all, and there is absolutely no problem with me coming back. I just can't handle the change fee. I hope this email doesn't make you upset. I've just been trying to avoid this conversation at all costs. Please let me know. I'm sorry for hitting you during this time. I wanted to make sure you were good. Never would stay away for too long. Just wanted to make sure your beauty was good. At the end of the day, regardless, I love you.
MS. SMYSER: You say here, I bought my own ticket out here with my own money because I really wanted to make sure Cass was comfortable.
Why did you say that?
MIA: Because he wanted me to make sure -- I was repeating back to him, like he wanted me to make sure that Cass was comfortable out there.
MS. SMYSER: Were you in South Africa at Mr. Combs' direction?
MS. SMYSER: Why were you sending this email to Mr. Combs?
MIA: Because he had told me conflicting things, that he wanted me to get on a plane immediately. I had to change my flight a couple of times. Then he would tell me right before: No, no, no, stay with her, and it was going back and forth like that. And I didn't have -- it was expensive to keep changing. So I wanted to make sure that's what he wanted me to do, because I couldn't afford keep going back and forth.
MS. SMYSER: Let's go to the next message.
MS. SMYSER: Mia, when do you send the next message?
MS. SMYSER: What did you say next?
MIA: Hey, not sure if you read the email below yet. I know this is shitty timing too, but I need to make sure I'm following your instructions correctly because I know you said a few different things. Do you still want me back Wednesday? Or you want me with CC until Mon., like before?
She is really upset and trying to get through these rehearsals, and I feel bad leaving. She said she needs me right now, but of course I will do whatever you want. She is really heartbroken. I have never seen her like this. I am not sure how I can help you guys, but know that I love you both and I'm here to help.
Either way, let me know because I need to change my flight again ASAP. I just want to make sure I am doing what you want me to do and following your instructions. Smiley face.
Both of your happinesses are my priority. Love you. Please let me know how to help.
MS. SMYSER: Who is CC referring to in this text?
MS. SMYSER: Why are you telling Mr. Combs, of course I'll do whatever you want?
MIA: Because I had to let him think that he was the one making the decision. Because if I had just said Cass wants this, he would have said --
MR. STEEL: Objection. A. -- you work for me.
THE COURT: Hold on.
Why don't we get a new question.
MS. SMYSER: So if you had proposed a solution, what would you have expected Mr. Combs to do?
MR. STEEL: Objection.
THE COURT: Sustained.
MS. SMYSER: Mia, when you're having this conversation with Mr. Combs and you're talking about, I'll do whatever you want, why are you saying you'll do whatever you want -- whatever Mr. Combs wants as opposed to what Mia wants or what Cass wants?
MIA: Because I felt I worked for him. In my past experience it didn't matter what I wanted or anyone else wanted. It matters what he wants. And he was in charge.
MS. SMYSER: So you said here: I just want to make sure I'm following your instructions.
What were you worried would happen if you didn't follow his instructions?
MS. SMYSER: What would you expect that trouble to consist of?
MIA: Same. I'm suspended, fired, lose my job, lose everything and have to be emotionally and possibly physically abused.
MR. STEEL: Your Honor, we couldn't hear the last part of the answer. I apologize. It's not being read back on our screen.
THE COURT: Hold on. You didn't hear that last answer. The last answer was: Same. I am suspended, fired, lost my job, and emotional or possibly physically abused. That was the answer.
MR. STEEL: Thank you, your Honor.
MS. SMYSER: Mia, were you sending these emails before or after the sexual assaults had begun?
MS. SMYSER: Why were you telling Mr. Combs that you love him in these emails?
MIA: Because I want to stay with Cass. I want to stay with Cass, but I don't want to make him mad. So my personal -- I'm tip-toeing. That's the way I would survive is tip-toe, just so I didn't make him more mad and didn't make him think that what he was doing was wrong.
MS. SMYSER: Did you love Mr. Combs romantically when you were sending these messages?
MS. SMYSER: What did you do next after sending the messages to Mr. Combs?
MS. SMYSER: Why did you forward them to Kristina?
MIA: Because I really needed an answer because I don't want to get on a 35-hour flight and then have to turn back around.
MS. SMYSER: What did you say to Kristina?
MIA: I know you get his email regardless, so can you make sure he gets the below email. I'm in limbo. Not sure what I'm supposed to be doing, and I can't afford to keep changing my flight last minute, because it's expensive, and I want to do what he wants me to do and help Cass and do everything and just make sure everyone is happy, and IDK what he wants me to do.
He doesn't need to see this part, though. Just see if he can read this email.
MS. SMYSER: You can take that down, Ms. Foster.
(Continued on next page)
MS. SMYSER: Mia, when you got back from South Africa, where were you physically working primarily?
MS. SMYSER: And how did that differ from where you were primarily physically working before?
MS. SMYSER: So were you around Mr. Combs physically as much after South Africa?
MS. SMYSER: Was your job easier or harder when you were not physically around Mr. Combs?
MS. SMYSER: What are some of the reasons that your job was close to impossible when you weren't around Mr. Combs?
MIA: It was impossible to get answers from him, and there were certain -- there were certain levels I could take projects or decisions, that I was not allowed to make a massive money investment decision without his approval. There were many things like, you know, I needed certain approvals from, and I could not get them if I wasn't next to him.
MS. SMYSER: Were you able to detect what Mr. Combs' mood might be when you were not around him?
MS. SMYSER: And how did that affect you?
MIA: Severely, because then I wasn't able to figure out a way to work as far as like -- when his moods would shift, I would figure out a different strategy to work or get answers, umm -- yeah.
MS. SMYSER: And how did this working situation make you feel?
MIA: Defeated. Like I was pointless, incompetent, and like I was letting other people outside of our company that I had forged real friendships and relationships with, like I was letting them down because a lot of projects were based on those relationships. Yeah.
MS. SMYSER: And why was not being around -- physically around Mr. Combs, what did that mean that you were letting down these other relationships that you had forged?
MIA: Because I couldn't give them answers. So for the most part all of these projects were us asking other established credible Hollywood decision-makers, you know, to get in on something, and then there would be a deadline. And after doing all that work, not being able to get an answer for them, it's just pretty mortifying because I don't know how to like explain that to them.
MS. SMYSER: Mia, while you were in South Africa, Mr. Combs made threats to your job, right?
MS. SMYSER: And you testified earlier that there had been times in which you were suspended from your job, right?
MS. SMYSER: Who were the people who typically told you that you were suspended?
MS. SMYSER: Who were the people from HR that you remember?
MIA: Vashta Wilson. At the end Sandy -- I don't remember her last name, but she didn't -- she would call me and just say, "I'm just calling you because he told me to but we're ignoring this."
MS. SMYSER: And what about the chiefs of staff?
MS. SMYSER: I'm going to show you what's marked for identification as Government Exhibit 320. This is just for the witness, Court, and parties.
That's fine. We'll move on.
Mia, what typically happened before these suspensions?
MIA: There would be some sort of violent situation where I was like chased or hiding somewhere or like reacting to a violent episode of Puff's. That was pretty much the way I reacted.
MS. SMYSER: And who was violent in these situations?
MS. SMYSER: Were there also times you were suspended for oversleeping?
MS. SMYSER: And why would you oversleep?
MS. SMYSER: Ms. Foster, could you please display Government Exhibit 3A-119-R.
What is this, Mia?
MS. SMYSER: And what was the date on which this was sent?
MS. SMYSER: Ms. Foster, could you please zoom in on the top two paragraphs here?
THE COURT: Ms. Smyser, can we take this document down?
MS. SMYSER: Yes.
THE COURT: I think it needs further redaction.
MS. SMYSER: Thank you, your Honor. We will do that.
MS. SMYSER: In the meantime, I think that document was dated the end of March, is that right?
MS. SMYSER: What do you remember happening before you got that document from HR?
MS. SMYSER: What do you remember happening before you were suspended?
MIA: I was at Puff's house 9374 Beverly Crest Drive in LA, and Puff came in. It was morning time. I believe he was coming from a hotel, and he had asked me to get a lot of options of certain workout clothes, which was typically the stylist's job, but he was out of town. So I laid them all out in his room. And when he came home, he was already to me not in the best of moods, and he didn't notice that I had laid all the options out on the closet floor and that I had laid some out on the dresser in the entryway to his bedroom. And he walked in and just began cursing me out and getting angrier and angrier and going in, you know, a rant about the lack of options and how he hated, you know, certain things.
And as he's yelling, I tried to point to the other options and all, and if you don't like any of these, like I can help you find something. And that made him even more irate, and it was really -- he was just screaming and cursing at me and wouldn't stop. And I don't remember what happened, but I know that something violent happened, and I...
MS. SMYSER: So do you not remember the details of the violence?
MS. SMYSER: Ms. Foster, could you please display Government Exhibit 3T-103-R. What is this Mia?
MS. SMYSER: Who is James Cruz?
MS. SMYSER: I want to focus first on the first email of the chain. Could we flip to the last page of this exhibit.
Focusing on the bottom message, what was the date that was sent?
MS. SMYSER: So here James says, Who's handling texts for Kids Choice Awards? I really want to take my girls. Can you help me?
And how did you respond to this message?
MIA: I said, I don't even know when that is, LOL. I'd totally help. I'd see Michelle, but he's currently firing me at the moment, so I'll get right back to you. Smiley face.
MS. SMYSER: Who is Michelle that you're referring to here?
MS. SMYSER: What did you mean when you said he's currently firing me at the moment?
MS. SMYSER: Let's zoom out again.
Can we go to the first page, please, and focus on the top two messages.
I want to direct your attention to the message that starts "he said." What did you say in this message?
MIA: He said I talked back to him when I asked him what workout gear he would specifically like since he didn't like the kind I got. So now he's sending me home. I kept my mouth shut the whole time. Sad face. Oh well.
MS. SMYSER: What were you talking about here?
MS. SMYSER: Let's look at some more communications. Ms. Foster, could you please display Government Exhibit 3T-105-R.
What is this, Mia?
MS. SMYSER: And who sent the first message in this chain?
MS. SMYSER: What date did he send it?
MS. SMYSER: D-Roc says here, what happened?
How do you respond?
MIA: He's so psycho, D. He's so mean. He just went bat shit crazy on me because he didn't see all of his workout options folded and organized. He didn't like the pants that were in there. He said his shirt was too big. When I asked what he liked/wore so I can get the exact stuff, since I obviously don't know, he went crazy on me. What did he say in the car? Give me a warning before you guys come back so I'm out of the way.
MS. SMYSER: Who are you talking about in this message?
MS. SMYSER: And where did you understand Mr. Combs to be at this time?
MS. SMYSER: Why did you ask for a warning before they came back?
MS. SMYSER: And what were you worried about when Mr. Combs got home?
MS. SMYSER: Okay. You can take that down, Ms. Foster.
Did you end up hearing from HR after this incident?
MS. SMYSER: Who contacted you from HR?
MS. SMYSER: What did HR tell you?
MS. SMYSER: Let's look now at Government Exhibit 3A-119-R if it's ready. Could we just have one moment, your Honor?
THE COURT: Of course.
MS. SMYSER: Could we please pull up Government Exhibit 3A-119-R. Thank you, Ms. Foster.
Mia, is this the communication that you were referring to from Vashta?
MS. SMYSER: Could we please zoom in on the first two sentences of this document.
Mia, could you please read these two sentences?
MIA: On Friday, March 25, 2011, you were suspended without pay for a period of five days. We spoke verbally to document the reasons of why you were being relieved of your duties.
MS. SMYSER: You can zoom out.
Mia, does this memo document the reasons why you were suspended?
MS. SMYSER: Do you remember Vashta telling you why you were suspended?
MS. SMYSER: Were you being insubordinate?
MS. SMYSER: You can take this down, Ms. Foster.
Was there anything in this document that documented the reasons why you were suspended?
MS. SMYSER: Were there other times, Mia, in which you got documents like this from HR?
MS. SMYSER: Did these documents ever say anything about Mr. Combs' treatment of you?
MS. SMYSER: How did you feel when you got documents like this from HR?
MIA: So sad and like I was in big -- like I was in big trouble and I did something wrong, and I didn't know what, and just -- just like I would do -- really willing to, I don't know, fix it. Just so confused but so sad.
MS. SMYSER: What did you think about the future of your job when you got notices like this?
MS. SMYSER: Mia, despite everything you've testified about so far, did you continue working for Mr. Combs?
MS. SMYSER: Until when?
MS. SMYSER: During this time when you worked for Mr. Combs, did you feel like you could leave your job?
MS. SMYSER: Why not?
MIA: It definitely wasn't even -- yeah, that wasn't a thought. I had tried -- I tried to run away before, and it didn't work.
MS. SMYSER: Did you feel like you would be able to get other jobs?
MS. SMYSER: Why not?
MS. SMYSER: And who would have made sure of it?
MS. SMYSER: And what do you mean by that?
MS. SMYSER: Mia, you said that there was a time you tried to run away from your job, is that right?
MS. SMYSER: I want to direct your attention to New Year's Eve of 2010 into 2011. Where were you at this time?
MS. SMYSER: Did you try to run away on this trip?
MS. SMYSER: Who went with you to St. Barts?
MIA: It was me, Puff, Kim, the kids, Karleen Roy, who was an executive assistant at the time, and I forgot if -- I don't remember who else like working-wise was with us.
MS. SMYSER: Where were you staying in St. Barts on this trip?
MS. SMYSER: Before you tried to leave, what, if anything, did Mr. Combs tell you to do?
MS. SMYSER: Did you count the money?
MS. SMYSER: What did Mr. Combs do when you were counting the money?
MS. SMYSER: And how did you react when Mr. Combs said that?
MIA: Like sort of in shock because he -- it wasn't like he just said that. He got really irate with me. I was trying to count the money because that wasn't my job, and I wanted to make sure that it was right, and he chased me out and cursed at me and told me you better learn to walk on water like Jesus, bitch. Get the fuck out of here.
MS. SMYSER: So you said Mr. Combs chased you out of the room?
MS. SMYSER: Before we get to that, do you remember how much money you were counting?
MS. SMYSER: Was it more or less than a hundred dollars?
MS. SMYSER: And you said it wasn't your job to count the money. Whose job was it typically to count the money?
MS. SMYSER: What happened after Mr. Combs chased you out of that room?
MIA: Well, I ran to hide. I went to beg the crew to get back to the mainland, to get a tender because we were -- we were out -- we were not at a dock, but it was like a hurricane so they couldn't. So then I ran to the third floor to hide.
MS. SMYSER: And what happened when you were hiding on the third floor?
MS. SMYSER: And what happened next?
MIA: So the way -- so my back was to the back of the boat, and to my left was an entrance into the yacht, and then in the front of me was an entrance to the third floor like a ladder from the exterior of the yacht. And all of a sudden I saw Puff coming up the ladder in front of me, and super angry, and I ran down the stairs to my left and I hid in the crew cabin.
MS. SMYSER: Did there come a time when you got the crew to take you to shore in a tender boat?
MS. SMYSER: What happened when you got to shore?
MS. SMYSER: And did you want to go back to the boat?
MS. SMYSER: What did you want to do?
MIA: I just wanted to run and hide and -- and then figure out a way out of St. Barts. I just wanted to get away from him.
MS. SMYSER: Were you able to leave the country?
MS. SMYSER: And why not?
MS. SMYSER: Who had your passport?
MS. SMYSER: After you were told by the crew that you had to go back to the boat, did you end up going back?
MS. SMYSER: Why?
MS. SMYSER: What did Mr. Combs do after you got back to the boat?
MIA: I don't remember seeing him when I got back to the boat. I just remember I was instructed by his chief of staff at the time that I had to go to a car that was waiting because Puff had just changed his plans to now go on a jet to Vegas, and that I was the only one going with him.
MS. SMYSER: Did you end up going to the car that the chief of staff told you to go to?
MS. SMYSER: And who was in the car with you?
MS. SMYSER: Did Mr. Combs make any phone calls while you were in the car?
MS. SMYSER: Could you hear the phone calls?
MS. SMYSER: And what was Mr. Combs saying on the phone?
MIA: He was talking to Michelle James, the chief of staff, and telling a story that was not true about how I needed to be suspended or we're going to talk about firing her when I get back and was making up a story that never happened, and I interrupted.
MS. SMYSER: And what did you say when you interrupted what Mr. Combs was saying?
MIA: I was like, wait. No Puff. What do you mean? That didn't happen. And I didn't get to finish.
MS. SMYSER: Why did you not get to finish?
MIA: Because Puff screamed at me to like shut the fuck up and then told Michelle to deal with me.
MS. SMYSER: Did you end up talking to Michelle on the phone?
MS. SMYSER: How did you get the phone?
MS. SMYSER: So were you talking to Michelle James when you were in that car with Mr. Combs?
MS. SMYSER: What, if anything, did Michelle say to you?
MS. SMYSER: What, if anything, did you say about what Mr. Combs had done?
MS. SMYSER: Did you go to Vegas on the plane?
MS. SMYSER: Why?
MS. SMYSER: What did you think would happen if you didn't get on that plane and go to Vegas with Mr. Combs?
MIA: I was just overwhelmed with fear of I would be in huge trouble. I would definitely be fired, and I didn't have a way out of it, I didn't think.
MS. SMYSER: All right. Mia, I want to shift to a new topic.
Earlier you testified that you left Mr. Combs' companies in 2017, is that right?
MS. SMYSER: I want to direct your attention to the fall of 2016. Did you have a conversation with anyone about leaving Mr. Combs' companies around that time?
MS. SMYSER: Who did you talk to?
MS. SMYSER: And why were you going to have a conversation with Brian Offutt?
MIA: I was in town in New York for meetings, and I was like let's meet up because I wanted to present him with the amount of projects and money I brought in to ask for a potential raise.
MS. SMYSER: What kinds of projects had you been working on at this time?
MIA: We were currently in the middle of or maybe we were now in the editing process of shooting the Bad Boy documentary. I was producing that. I was the -- that was the one that we were working on.
MS. SMYSER: What did Brian tell you in this conversation?
MIA: Out of the blue he just said, I hate to tell you this, but I talked to Mr. Combs, and he no longer wants to be involved with film. So he wants to basically end Revolt Films, and it has nothing to do with you. You did nothing wrong. He loves you. You're great. He's just focused on other -- other things, and that the company was going -- going away.
MS. SMYSER: How did you react when you heard this?
MIA: Oh, I like think I sobbed like snot dripping out of my nose for quite a bit, and I was in shock and didn't -- but I had never had -- all of my previous like suspensions or false alarm firings were not like this. They were all based off of my being nothing, and this -- this felt serious, and I was so confused why I wasn't being told by Puff. Also because Puff had just told me weeks before that I was the only company that was in the -- like had made money that year. So I accepted it. I just -- I -- yeah.
MS. SMYSER: How did you feel that it wasn't Mr. Combs telling you this news?
MIA: I felt betrayed. I felt confused. I felt rejected. I felt like I had done something wrong or maybe he, you know, all the things he -- bad things he would say about me to my face were he believed them were true and -- yeah.
MS. SMYSER: What did you do after hearing this from Brian Offutt?
MIA: I just -- Brian said, you know, we'll be in touch. Like you're not -- like you don't have to turn anything over. You still have your office. We'll work things out as far as negotiations and severances and your bonuses, but it was a holiday, so I just followed instructions essentially, and, umm I just --
MS. SMYSER: After this, did you talk to anyone who worked for Mr. Combs?
MS. SMYSER: Who did you talk to?
MS. SMYSER: And did you talk to Kristina about the documentary that you had been doing?
MIA: Yes. After -- I don't remember when it was, but it was -- I had a little bit of time to horrifically process what happened after the holidays or something. Kristina like was like Puff's looking for you -- it was just, I'm sorry, I'm so confused about what happened, but yeah, essentially this back and forth went on that he wanted -- what are you talking about? You're still -- like he needs you to work on the documentary. You're still working on it, you know.
MS. SMYSER: Did you continue to work on the documentary even after this conversation with Brian Offutt?
MS. SMYSER: When approximately did you stop working on the documentary?
MIA: I think maybe it was maybe around like March or April or somewhere around then. I'm not exactly sure.
MS. SMYSER: Of 2017?
MS. SMYSER: And are you estimating exactly when this was?
MS. SMYSER: What did you do after you were done with the documentary?
MIA: I -- after the documentary, I just cried myself to sleep. I -- I packed up my stuff, and I avoided -- I was getting many phone calls from not just Puff, but Kristina and other people and Cass were reaching out for Puff, and I was too heartbroken to answer, so I just ignored everything.
MS. SMYSER: Did you end up having some conversations with Kristina and Cassie at various points?
MIA: I think I talked to Kristina on the phone once, but I just thought any time that -- I could never tell who was with or without Puff. So if they were calling me, I just had to assume they were with him. I just didn't respond. But Kristina called me and was like he's -- Puff was really upset and hurt and couldn't believe I could go against him.
MS. SMYSER: And when you say couldn't believe you could go against him, what do you mean?
MIA: I was confused too, but I was advised to get -- just to work out negotiations for like severances and getting the money I was owed for bonuses and all those sorts of things, just to get an employment attorney to handle negotiations with their people. And she said that Puff said that that was like -- that it was like he couldn't believe that I like essentially stabbed him in the back, like because I had a lawyer and I was trying to explain no, no, no, like it's not -- I was advised this through your executives. It wasn't -- I'm not coming after you. It's a negotiation situation.
MS. SMYSER: So after you left in 2017, did you end up getting paid any money by Mr. Combs or his companies?
MS. SMYSER: And what was the context in which you got this money?
MIA: After about nine months of going back and forth and not getting paid, my attorneys proposed a mediation.
MS. SMYSER: If you know, did your lawyers make a monetary proposal before that mediation?
MS. SMYSER: And do you know how much that was for?
MS. SMYSER: Who came up with the number?
MS. SMYSER: During the mediation, did you talk about any of Mr. Combs' violence towards you?
MIA: That was brought up -- so after being dragged out a few -- a few of -- yeah, I told a couple of instances.
MS. SMYSER: Did you talk about all of the violence or just some of it?
MS. SMYSER: And why did you talk about just some of it?
MIA: Because I was terrified. I didn't even want to -- I felt like such a -- like I was doing something horrible by even saying that but I was -- umm --
MS. SMYSER: Why did you feel like you were doing something horrible?
MIA: Because I was breaking like this idea of confidentiality and this like -- I felt like I was betraying him. I felt like I was telling his secrets. I don't know. I felt really -- I felt really wrong and shameful for having to sort of -- yeah, telling on him.
MS. SMYSER: What, if anything, did you say about the sexual assaults during the mediation?
MS. SMYSER: Why not?
MS. SMYSER: Was there an eventual settlement?
MS. SMYSER: How much money did you receive for the settlement?
MS. SMYSER: Do you remember the total amount of the settlement?
MS. SMYSER: Did your lawyers receive the rest of it?
MS. SMYSER: And what was your understanding of what the money was for?
MIA: The bonuses that I was owed and never paid, the severance, the overtime in the past that I hadn't been paid, and just money, you know, that I spent. I mean, that's what it covered essentially.
MS. SMYSER: Mia, have you received any other money from Mr. Combs?
MS. SMYSER: Do you have any pending lawsuits?
MS. SMYSER: Would you return the money you got from the settlement if it meant that Mr. Combs never did all the things to you that we've talked about?
MR. STEEL: Objection.
THE COURT: Overruled.
MS. SMYSER: After the mediation, when was the next time you talked to Mr. Combs?
MS. SMYSER: When approximately did Kim pass away?
MS. SMYSER: Did you reach out to Mr. Combs or did he reach out to you?
MS. SMYSER: Did you stay in touch with Mr. Combs after that?
MIA: I would reach out here or there, like on Kim's birthday, on Christmas, after another close person to Puff, Andre Harrell, passed away, just to -- I just felt so bad for him. So just like that, but I didn't stay in touch. It was just like a text, you know, a comfort text here or there.
MS. SMYSER: And why did you continue to communicate with him after you left?
MIA: Because I felt so -- so terrible for him and his family, and I thought that -- I believe the mediation was my fault and that it was something wrong I did was tell on him, and I just -- when these things happened, this was like real life, like this was like -- you just -- I just want to forget about everything because losing someone or people so close to you is just so tragic, I -- yeah, I just felt really, really bad for him.
MS. SMYSER: Did you tell Mr. Combs that you loved him in these messages?
MS. SMYSER: And why did you do that?
MIA: Oh, the same, like that's how I would speak to him. I just wanted to let him know like I'm here for you and I feel bad.
MS. SMYSER: Mia, are you aware of a lawsuit that Cassie filed?
MS. SMYSER: When approximately was that suit filed?
MS. SMYSER: Have you and Cassie talked since the lawsuit was filed?
MS. SMYSER: How frequently do you speak?
MIA: It depends. Sometimes -- sometimes we'll talk all the time, and then we both -- then it will be like a long period of time, like we both do this kind of like hide from our phones, depression, retreat sort of things. So, yeah, it's --
MS. SMYSER: When was the last time you talked to Cassie?
MIA: The last time I talked to her on the phone was like a few weeks -- maybe like a few weeks or a month ago, but then we've texted a couple days ago, just texted about personal stuff and just saying I love you.
MS. SMYSER: Have you spoken with Cassie about the substance of your testimony?
MS. SMYSER: What about the substance of her testimony, if any, have you guys talked about that?
MS. SMYSER: Mia, I want to direct your attention to the end of November 2023. Around that time, did you hear from anyone who had worked for Mr. Combs?
MS. SMYSER: And who did you hear from?
MS. SMYSER: When was the last time you had heard from D-Roc?
MIA: I guess like a couple years -- like a year or two or something like that, it had been awhile.
MS. SMYSER: What was your relationship with D-Roc like?
MIA: He was like my big brother. Well, that's what we called each other, and -- yeah, big brother.
MS. SMYSER: Ms. Foster, could you please pull up Government Exhibit H-115-R. You can turn to the next page.
What is this, Mia?
MS. SMYSER: Who is sending the messages in the blue?
MS. SMYSER: And what about the messages in the green?
MS. SMYSER: You can zoom out, Ms. Foster.
I just want to focus on the date of that first message here. Can you read the date?
MS. SMYSER: What is the date of the next message?
MS. SMYSER: Did you text D-Roc between those dates, between 2021 and November of 2023?
MS. SMYSER: Was the second text from D-Roc after Cassie's lawsuit had been filed?
MS. SMYSER: In this text D-Roc says, hey, what's up, Mia?
How did you respond?
MS. SMYSER: Why did you respond with all of the exclamation points here?
MS. SMYSER: Let's turn to the next page. What did you say next?
MS. SMYSER: Why did you say you missed D-Roc?
MS. SMYSER: At this point, what did you think D-Roc's relationship was like with Mr. Combs?
MIA: I believed I'd been to his like 50th birthday party a few years before, and he told me he didn't work with him any more. Not like they weren't cool or anything or friends, but he was in -- on the East Coast, and was like had a restaurant with his wife in the Poconos, and so I didn't believe he was still working with him in any capacity or -- yeah.
MS. SMYSER: Could you please zoom out, Ms. Foster.
D-Roc then says, a lot has been going on.
What did you understand him to be talking about?
MS. SMYSER: And what do you mean by that?
MS. SMYSER: Okay. Let's turn to the next page. At the bottom of this page, D-Roc says, I'm about to call you.
What is the date of this message?
MS. SMYSER: Did D-Roc call you?
MS. SMYSER: What happened on that call?
MR. STEEL: Objection.
THE COURT: Grounds?
MR. STEEL: Hearsay. Very open question.
MS. SMYSER: Not for the truth, your Honor.
THE COURT: Well, why don't we rephrase the question. We'll see if there is still an objection.
MS. SMYSER: Mia, when you called D-Roc, what did D-Roc say to you?
MR. STEEL: Objection.
THE COURT: It's overruled.
MIA: D-Roc first started catching me up on his life and what was going on. It sound like a normal conversation, and then he changed it to, yeah, it's real crazy what's going on. And I thought like, yeah, it's crazy that it's in the news.
And then he started to say 'cause, you know, like Puff and Cass, they would just like fight like a normal couple. And my like radar went off because I was like (A) that's not how D-Roc talks, and (B) D-Roc was around that a lot.
MS. SMYSER: Let me just stop you right there.
When you say D-Roc was around that a lot, what are you referring to?
MS. SMYSER: The violence between whom?
MS. SMYSER: And based on all the things that you personally observed when you were working for Mr. Combs, would you say that the fights between Mr. Combs and Cassie were normal?
MS. SMYSER: What did D-Roc say to you next?
MIA: He kept -- he sounded nervous, and he was talking in circles saying essentially the same idea, and then said, you know, your boy Puff, he misses you. We were just reminiscing about old family, and he started talking about other people that were around as though they agreed with the same sentiment of -- that Puff and Cass were just a normal couple that fought but sometimes it got out of control, et cetera. And I just kept my mouth shut and let him talk because I immediately thought, oh my God --
MR. STEEL: Objection.
THE COURT: What's the objection to the question or that portion of the answer?
MR. STEEL: It's not responsive.
THE COURT: Let's have a brief sidebar.
(Continued on next page)
(At the sidebar)
THE COURT: What's the objection?
MR. STEEL: I believe the question was -- and please check your record -- what did D-Roc say to you. And now she's going into my belief and is going into a narrative.
THE COURT: Sure.
MS. SMYSER: I'm happy to break it up.
THE COURT: Break it up a little more and help the witness out. Telegraph answers. At times she might get a little off track.
MR. STEEL: May I ask a question? It's not an emergency, but Mr. Combs needs a bathroom.
THE COURT: Ms. Smyser, are you almost done with your direct?
MS. SMYSER: We're pretty close to done. Maybe ten minutes.
THE COURT: Can he hold out for ten minutes?
MR. STEEL: If not, I'll mention something politely.
THE COURT: If something happens, let me know. Otherwise, we'll take a break.
MR. AGNIFILO: A request for two-minute bathroom break, Judge? Sorry.
MR. STEEL: I just mentioned it for Sean.
THE COURT: We got like ten minutes.
(Continued on next page)
(In open court)
THE COURT: Ms. Smyser.
BY MS. SMYSER:
MS. SMYSER: Mia, we were just talking about your phone call with D-Roc.
Did D-Roc say anything about where he was physically located at this time?
MS. SMYSER: What did he say?
MS. SMYSER: And did he say anything about where he was in Miami?
MS. SMYSER: So where did you understand that he was when you had this phone call?
MS. SMYSER: And what, if anything, did D-Roc say to you on the phone about you talking directly with Mr. Combs?
MIA: He said that Puff really wanted to talk to me, maybe I could say something, but he'd let Puff ask me and he was going to call me.
MS. SMYSER: What did you understand D-Roc to be talking about when he said maybe you could say something?
MR. STEEL: Objection.
THE COURT: Sustained. Let's get a new question.
MS. SMYSER: How did you respond when D-Roc asked about you talking to Mr. Combs?
MS. SMYSER: Did you want to talk to Mr. Combs?
MS. SMYSER: Why not?
MS. SMYSER: How did you feel during this phone call?
MIA: Terrified. Threatened. Scared. Con -- just nervous, like I had to come up with a game plan because I didn't want -- I didn't want Puff to know -- I just wanted to pretend like play dumb and act like I wasn't paying attention and I didn't have any feelings, that I didn't want my life to be in danger.
MS. SMYSER: Did you ever hear from Mr. Combs after that?
MS. SMYSER: And how did you hear from him?
MS. SMYSER: How soon after your call with D-Roc did Mr. Combs call you?
MIA: Like within a couple -- like either very soon or like within a couple hours or -- yeah, very soon.
MS. SMYSER: How did you react when you got that phone call?
MS. SMYSER: And why did you do that?
MS. SMYSER: Did you hear from D-Roc again after this?
MS. SMYSER: Ms. Foster, could we please pull up Government Exhibit H-116-R. Could we turn to page 2?
Who is sending these messages in the green?
MS. SMYSER: Are these messages to you?
MS. SMYSER: What is the date of the first message?
MS. SMYSER: D-Roc said, your boy said to call him. He doesn't want or need you to do anything. He just called me.
What is your understanding of who "your boy" refers to?
MS. SMYSER: How did you feel when you got this message?
MS. SMYSER: Did you respond?
MS. SMYSER: Why not?
MIA: Because I didn't -- I didn't know how -- I didn't know how to respond, and I was just hoping it would go away.
MS. SMYSER: What is the date of the next message?
MS. SMYSER: D-Roc says here, good morning. How are you doing? Did you ever speak to P. He called me a couple days ago.
What is your understanding of who P refers to?
MS. SMYSER: Let's zoom out. And we can turn to the next page.
Did you respond to that earlier message, Mia?
MS. SMYSER: Why not?
MS. SMYSER: What is the date of D-Roc's next message here?
MS. SMYSER: D-Roc says, are you okay? I can't believe you're not hitting me back.
Did you respond to this text message?
MS. SMYSER: Let's zoom out. And focusing on your response, why did you respond to this, to D-Roc's message?
MIA: Because I could tell that D-Roc was getting mad, like was about to get mad, and he never got mad, but when he did, it was not okay. And so I wanted to keep him calm, and I knew my perception was he was not going to be left alone until he got in touch with me, so I was just trying to keep the peace.
MS. SMYSER: What did you say in this message?
MIA: Hi D. So sorry, I just finished scuba diving all day, and I didn't have my phone on the boat. I'm okay. I've been better, but I'm alive. Hahahaha. How are you? No, I haven't talked to him. He only tried me once, and I missed it because I don't have my phone alerts on ever, and I called back with no answer and left it at that. I have terrible service here, just in case my messages come through late. What are you up to?
MS. SMYSER: Was it true, as you said here, that you didn't have your phone on the boat?
MS. SMYSER: You say here that you hadn't talked to P, but that you tried to call him back with no answer.
Did you in fact call Mr. Combs back?
MS. SMYSER: Why were you telling D-Roc that you had called Mr. Combs?
MIA: Because I wanted to play neutral so that when he reported back to Puff, it wouldn't sound like I was avoiding or running or whatever to send an alert out that I was not -- yeah, I didn't want to be --
MS. SMYSER: Let's turn to page 5.
D-Roc says in this first message, let me know how I can send you something.
What did you understand D-Roc to be referring to here?
MS. SMYSER: Let's look at your response. And I want to look specifically at the second paragraph of your response.
What did you say there?
MIA: No. I never ask for anything. I've never been in such a low spot/in debt but that's my problemo, and I'll figure it out one day. I hope. But I'm always here to help y'all out in any ventures or anything y'all need, et cetera. Fam style duh.
MS. SMYSER: What did you say at the end of the message?
MS. SMYSER: And how did -- let's zoom out just a second. Focusing on D-Roc's response, D-Roc says, Okay, I will try you tomorrow. And I know you didn't ask me for anything. I'm allowed to send my sister a gift.
What did you understand D-Roc to be referring to when he said "send my sister a gift"?
MS. SMYSER: Did D-Roc in fact send you money?
MS. SMYSER: Let's turn to page 6. I want to direct your attention to the bottom of the page.
What's the date of D-Roc's last message here?
MS. SMYSER: He says, I'm going to try to call you in 15 minutes. If I don't catch you, I will try you later or tomorrow.
Did D-Roc in fact call you?
(Continued on next page)
MS. SMYSER: Let's turn to the next page.
MS. SMYSER: Focusing on your first message, how did you respond to D-Roc?
MIA: Hi, D. Love you. Try me mañana, of course. I was on the little boat all day and didn't have service.
MS. SMYSER: Was it true that you were on a little boat all day and didn't have service?
MS. SMYSER: Why didn't you answer your phone?
MIA: Because I was terrified, and I didn't want to -- I assumed I figured out what was happening, and I just wanted to play dumb.
MS. SMYSER: Have you had any calls with D-Roc since?
MS. SMYSER: You can take that down, Ms. Foster.
MS. SMYSER: During this time what, if any, communications did you receive from Mr. Combs himself?
MS. SMYSER: Before we move on to those text messages from Mr. Combs, you said you thought you figured out what was going on with D-Roc. What were you referring to?
MR. STEEL: Objection.
THE COURT: If you can try to rephrase the question.
MS. SMYSER: Just based on your experience, when Mr. Combs wasn't able to get in touch with someone, what would he do?
MR. STEEL: Objection.
THE COURT: The objection is sustained. I think we need to be talking about a particular incident, if you want to ask the question.
MS. SMYSER: Speaking about what was happening in these text messages, Mia, based on your observations of the relationship between D-Roc and Mr. Combs and based on your experience in working with Mr. Combs, what did you understand was happening when D-Roc was reaching out to you?
MR. STEEL: Objection.
THE COURT: That's overruled.
MS. SMYSER: We are going to turn to your communications with Mr. Combs.
MS. SMYSER: Ms. Foster, can you please pull up Government Exhibit 3T-102-R.
MS. SMYSER: Who sent the messages here?
MS. SMYSER: Focusing on the first message, were these messages to you?
MS. SMYSER: What is the date of the first message?
MS. SMYSER: Could you please read the message.
MS. SMYSER: How did you feel when you got this message?
MS. SMYSER: Did you respond?
MS. SMYSER: Why not?
MIA: Because I was terrified and I believed that he couldn't be as aggressive as he was normally because he was perhaps under --
MR. STEEL: Objection.
THE COURT: Let's move on with a new question.
MS. SMYSER: What is the date of the second message here?
MS. SMYSER: Could you please read that message.
MIA: Hey. I don't wanna be blowing up your phone. Just needed to talk to you for 10 minutes. Just need my memory jogged on some things. You were my right hand for years, so I just to speak to you to remember who was even around me. And it would be good to hear your voice. But if you don't want to, all good. Just let me know. Love. Hope you're well. Emojis.
MS. SMYSER: Did you respond to this?
MS. SMYSER: Why not?
MIA: Because I wanted nothing to do with him or anything, and I was -- I just didn't want anything to do with him at all. He was the person I was traumatized by and now he's coming back.
MS. SMYSER: I think earlier you said you were terrified when you got the first message. If he was nice to you in these messages, why were you terrified?
MS. SMYSER: Have you received any texts or calls from Mr. Combs himself since February 7 of 2024?
MR. STEEL: Objection.
THE COURT: Just to the last part?
MR. STEEL: Yes.
THE COURT: Ms. Smyser.
MS. SMYSER: Did you receive any other calls to your phone?
MR. STEEL: That's objectionable.
THE COURT: The objection is sustained. Let's get a new question, Ms. Smyser.
MS. SMYSER: I can move on, your Honor.
We can take this down, Ms. Foster.
MS. SMYSER: We are about to wrap up, Mia.
We have talked a lot about your employment for Mr. Combs the past day. Where do you work now?
MS. SMYSER: Have you tried to work since leaving Mr. Combs?
MR. STEEL: Objection.
THE COURT: That's overruled.
MS. SMYSER: Could you repeat your answer.
MS. SMYSER: How has that turned out?
MR. STEEL: Objection.
THE COURT: Let's have a very brief sidebar.
(Continued on next page)
(At sidebar)
THE COURT: I assume this is the last couple questions.
MS. SMYSER: Um-hum.
THE COURT: So we are good in terms of taking the break.
MR. STEEL: I believe so.
THE COURT: What's the relevance of this?
MS. SMYSER: Your Honor, this victim is a forced-labor victim and one of the elements that we have to prove with regard to forced labor is serious harm. She is going to testify that she was diagnosed with severe PTSD after she left her job with Mr. Combs and she has not been able to successfully work since then.
THE COURT: Mr. Steel, given the proffer of relevance, what's your response?
MR. STEEL: Your Honor, I would like you to consider a hearsay objection. That's a diagnosis from a doctor. We are not examining the doctor at all. I would like it not to be coming through this witness. I have no idea if she has PTSD or not. This is a diagnosis from a doctor. I don't know if it's truthful or not or it is being used for the truth of the matter.
THE COURT: That's fair.
Ms. Smyser, I think you can avoid the objection by making sure that the witness understands to not be referring to any diagnosis but just based on her feelings and experience why she is unable to have a job. You can ask it this way.
MS. SMYSER: Sure.
THE COURT: All right.
(Continued on next page)
(In open court)
THE COURT: Ms. Smyser, you may proceed.
MS. SMYSER: Thank you, your Honor.
BY MS. SMYSER:
MS. SMYSER: Mia, without referring to any particular diagnosis, just based on what you have experienced, why are you not able to hold a job?
MIA: I would have to leave because I would be triggered by really normal situations with an overwhelming sense of fear, being in trouble, like overreacting to normal -- just overwhelmed me.
MS. SMYSER: What are some of those normal situations that were overwhelming to you?
MR. STEEL: Objection.
THE COURT: Overruled.
MIA: Misinterpreting simple emails or if someone said, where are you, like freaking out and thinking -- and trying to explain where I was and why I was there, and it could be someone I just wanted to see if they wanted to get coffee. If someone called my name -- if someone said my name from across the room, all those feelings of getting in trouble would come flooding back. I have triple-guessed myself in everything I did.
MS. SMYSER: Who is the person who caused those feelings in you, Mia?
MS. SMYSER: No further questions, your Honor.
THE COURT: Thank you, Ms. Smyser.
We are going to take a short break. It's 10:55. We will come back at 11:10. Thank you, members of the jury.
All rise.
(Jury not present)
THE COURT: Thank you, Mia. We will be back at 11:10.
We will come back at 11:10.
(Recess)
THE COURT: Mr. Steel, you have some binders, and you have binders for the jury as well.
MR. STEEL: Yes, sir.
THE COURT: If you want to speed things along, you can put the binders on the chairs, if you want to do that now. If you want to explain what they are while the jury is here, you can also do that.
MS. GERAGOS: We will just indicate, your Honor, to the jury, if we put something in, once it has been admitted, OK, jurors, can you please turn to tab --
THE COURT: These have not been admitted yet.
MS. GERAGOS: Of course not. We wouldn't have them turn to it now. Once we get to that point, if a photo is admitted, then Mr. Steel will indicate to the jurors, the Court, and the witness to turn to a certain tab.
THE COURT: Understood.
Ms. Smyser, any objections to this? And you have seen these exhibits. Do you anticipate any objections?
MS. SMYSER: Your Honor, there is only one exhibit which we have continued to confer on hearsay redactions, as ordered by your Honor. I understand Mr. Steel doesn't intend to use that exhibit before lunch, so we are continuing to talk about those. Other than that, right now, assuming that the witness can authenticate the documents, I don't anticipate objections.
THE COURT: Then the question for the government is, do you have an objection to the binder being provided to the jury that it contains that exhibit?
MS. SMYSER: No.
THE COURT: There you go.
MS. GERAGOS: We will pass it out, your Honor.
THE COURT: Just put it on the chairs.
MR. STEEL: May I approach?
THE COURT: Yes.
It would be fine if you're short binders for one or two jurors to share a binder under these circumstances.
Are we ready to proceed?
MS. SMYSER: Your Honor, would you mind instructing the jury not to flip to tabs in the binder?
THE COURT: I will, of course.
Mr. Steel, do we have enough binders?
MR. STEEL: We are fine, your Honor.
MS. GERAGOS: We just have to make one for your Honor.
MR. STEEL: We will be OK. We appreciate the Court going without a binder for you. We will try to get it to the Court and an extra one for everybody.
THE COURT: I trust there are no secret messages to the jurors embedded in the binders.
MR. STEEL: Just one.
THE COURT: Let's have Mia back.
(Jury present)
THE COURT: Welcome back, members of the jury.
On your chairs you will see that there are binders. Do not look at those binders and what's in them. You will be directed by counsel or the Court to look at particular items in the binder, but don't thumb through it right now.
With that, cross-examination.
THE COURT: Mr. Steel, you may proceed when ready.
MR. STEEL: Thank you, your Honor.