MR. STEEL: With regards to Exhibit number 1721, it's in tab 21, my memory is, we have already been discussing that, correct?
MR. STEEL: And this is where you wrote: Thank you, Puff Daddy, for giving us yet another incredible experience. Three burns down. Infinity. More to go. We heart emoji you. Right?
MR. STEEL: Then you wrote: #burningman2015. Fair?
MR. STEEL: Then you also wrote #thebreakfastclub, right?
MR. STEEL: Can you explain to the jury what, if anything, the breakfast club means to you at that time?
MIA: The breakfast club was the name of our camp, I believe, and it was based from an inside, like his friends group that were still partying at breakfast essentially.
MR. STEEL: Who is his friend's group?
MR. STEEL: You were part of the breakfast club. Is that fair to say?
MR. STEEL: Is that your answer?
MR. STEEL: And here on your social media post, on September 11, 2015, you recognize that you're part of the breakfast club. You #thebreakfastclub. Fair?
MR. STEEL: And when you say with his friends, this is the Sean Combs that you described to the jury, right? That's his friends that you're part of, right?
MR. STEEL: The man who has altered your life for the worst forever, right?
MR. STEEL: Let's go to the next tab, which should be 22, which is already in evidence. Can you just make sure that this is correct. It's about a October 23, 2015 post?
MR. STEEL: And Mia, would you do me a favor and explain to the jury, like you have been, what you wrote and then what's in the image, if you don't mind.
MIA: Sure. Happy birthday @officialclubdiddy. So much love from me and @cassie from South Africa. Heart heart you. P.S.: The air I'm kissing is your face. It's definitely not my go-to duck-selfie face or anything. LOL.
MR. STEEL: Who is in the image that you attached?
MR. STEEL: Can you explain to the jury what you're writing here, happy birthday @officialclubdiddy. Can you explain what that means?
MIA: Yes. That is -- that was a Puff fan club. It was a fan club run by this girl who we had a relationship with because obviously she would promote Puff shamelessly.
MR. STEEL: I couldn't hear you. Apologize. She promotes and then I couldn't hear you.
MIA: She would promote Puff like shamelessly, like promote him a lot, so we had a relationship with her.
MR. STEEL: And you were promoting her, who is promoting Mr. Combs, right?
MR. STEEL: And you're in Capetown, South Africa, is that fair to say?
MR. STEEL: And is this the Capetown, South Africa trip that you referred to earlier?
MR. STEEL: On, I believe it's in evidence, 1723, which would be behind tab 23, if you don't mind looking at that.
MR. STEEL: You see that?
MR. STEEL: That's, again, November 4, 2015, right?
MR. STEEL: The anniversary six years later of you starting with Mr. Combs, and he supposedly sexually assaulted you, God forbid, right?
MIA: It wasn't the anniversary of when I started, but -- I, again, didn't recognize that date as a celebration.
MR. STEEL: Can I ask you a question. If I interrupted you, go ahead.
MR. STEEL: I did not mean to interrupt you.
MR. STEEL: When you say that you did not recognize Mr. Combs' birthday of November 4 of every year as significant, that he supposedly drugged you and sexually assaulted you, how did you not put that together?
MS. SMYSER: Objection.
THE COURT: Mr. Steel, you need to rephrase that question.
MR. STEEL: How is that not a significant date in your mind? Please explain that to the ladies and gentlemen of the jury.
MIA: It was Puff's birthday. That is what the date was. And I tried to forget that night and shoved it down. I never wanted to think about it again. I know it was Puff's birthday.
THE COURT: Mr. Steel.
MR. STEEL: Are you finished?
MR. STEEL: In 1723 please explain to the ladies and gentlemen of the jury what you wrote.
MIA: Puff Daddy. Noun. A larger than life cultural phenomenon known for his world changing legacies and inability to tolerate bitchassness. Also see: Legend, king, swag, rapper, actor, entrepreneur, cheesecake lover, Bad Boy for life, my friend. Heart emoji. 46 years ago an extraterrestrial was born. Happy birthday, Puff Daddy. Thank you for showing me the path to Pluto and beyond. I love you. Heart heart heart.
MR. STEEL: When you wrote that on your personal social media account, you just put aside the fact that you tell this jury that you have been sexually abused by Mr. Combs.
MR. STEEL: You just put aside the fact that you saw Mr. Combs abuse --
MS. COMEY: Objection.
THE COURT: Overruled.
MR. STEEL: -- supposedly abuse your sister or best friend, Ms. Ventura?
MR. STEEL: You put aside the fact that Mr. Combs made you go sleepless for five days where you got physically ill?
MR. STEEL: You put aside the fact that Mr. Combs made you not use the bathroom while on your time of the month where you bled out.
MR. STEEL: You put aside the fact that Mr. Combs comes into your bedroom, gets on top of you and does the unthinkable, according to you.
MR. STEEL: You put aside the fact that you say that you live in terror because of Mr. Combs.
MR. STEEL: Tell the ladies and gentlemen of the jury, on 1723, Mr. Combs' exhibit, explain these photographs that you chose. If you didn't choose them, say I didn't choose them, but correct me.
MR. STEEL: Let me ask you a better question.
What is marked in this honorable court, admitted 1723 and under seal as 1723-R, did you choose this collage of photographs?
MR. STEEL: Explain to the jurors each of these photographs and why you chose them, please. Start, I guess, in the upper left and then go to the right.
MIA: Sure. Overall, I had to post every year for his birthday, and I just ran out of things, so I was trying to fill a collage with photos I had already posted. The top left is me on my BlackBerry and Puff behind me. And the second one is me sitting next to Puff at a club. The next one are Puff and I working on a TV set of Blackish. The next one is Puff talking to me on a video set. The next one is the same photo of Burning Man. The next one is the same photo of Burning Man. The next one is the same photo of me in the Lonely Island video giving birth to a baby doll. The next one is Puff riding his bike at Burning Man. The next one is Puff staring at art at Art Basel. The next one is Puff and I at the premier of the movie Dope that we coproduced. And the next one is an image from the same post, I don't know how many ago, of onset of the comedy short for Funny or Die.
MR. STEEL: Can you turn to tab 40 and look at, just yourself and the parties, 1740, if you don't mind.
MR. STEEL: I am going to ask you similar questions that I have before.
Do you recognize what's depicted in Mr. Combs' 1740?
MR. STEEL: And is this true and accurate, to the best of your memory?
MR. STEEL: Your Honor, I move for the admission of 1740, I believe, under seal and then 1740-R.
THE COURT: 1740 will be admitted under seal and 1740-R will be admitted.
(Defendant's Exhibits 1740 and 1740-R received in evidence)
MR. STEEL: We are still in the year 2015, is that correct?
MR. STEEL: It's September 19, right?
MR. STEEL: Can you please do me a courtesy, same kind of way we have been doing it. Read to the jurors what you wrote on your personal social media page.
MIA: Our brother, The Legend, @iamdiddy takes the stage tonight @iHeartradio in Vegas at 10:32 p.m. Tune in to watch the stage take fire and history be made. Heart heart you.
MR. STEEL: The legend, our brother, you're referring to who?
MR. STEEL: And then the photograph that you chose.
MR. STEEL: When you say he, that's clearly who?
MR. STEEL: Would you do me a courtesy and then just look at the next tab, 41.
MR. STEEL: That should be 1740, Defense Exhibit. Do you recognize what's depicted in that exhibit?
MR. STEEL: And is it true and accurate, to the best of your memory?
MR. STEEL: Your Honor, I move for the admission of 1741, as well as 1741-R, with the same acknowledgments.
THE COURT: 1741 will be admitted under seal and 1741-R will be admitted.
(Defendant's Exhibits 1741 and 1741-R received in evidence)
MR. STEEL: Mia, would you do me a favor. Once you're there, would you make sure that this is also 2015, May 20?
MR. STEEL: Can you read to the jury what you wrote.
MIA: I'm such a huge producer. Check out those headphones. #balling. And tune into Blackish tonight to see @iamdiddy on the season finale.
MR. STEEL: Explain what the jurors are looking at that in that image.
MR. STEEL: I would like you to go back, if you don't mind, to tab 24, and tell me, if you don't mind, if you look at 1724.
MR. STEEL: Tell me if you recognize that.
MR. STEEL: And when you say you think so, is this on your personal social media account?
MR. STEEL: Does it look accurate?
MR. STEEL: Your Honor, I move for the admission of 1724 and 1724-R.
THE COURT: 1724 had been admitted under seal and 1724-R will be admitted.
(Defendant's Exhibits 1724 and 1724-R received in evidence)
MR. STEEL: Will you do me a courtesy and look at tab 25.
MR. STEEL: You can remove that from the screen for now.
MR. STEEL: You see behind tab 25 1725?
MR. STEEL: Do you recognize this posting?
MR. STEEL: Is this on your social media account?
MR. STEEL: To your knowledge, is this what you posted?
MR. STEEL: Your Honor, I move for the admission of 1725 as well as R.
THE COURT: 1725 will be admitted under seal and 1725-R will be admitted.
(Defendant's Exhibits 1725 and 1725-R received in evidence)
MR. STEEL: Will you do me a courtesy and look at 26 tab.
MR. STEEL: That should be Mr. Combs' Exhibit number 1726.
MR. STEEL: And do you recognize what's depicted?
MR. STEEL: Does it appear to be true and accurate?
MR. STEEL: Your Honor, I move for the admission of 1726, as well as 1726-R, the first one under seal.
THE COURT: 1726 will be admitted under seal and 1726-R will be admitted.
(Defendant's Exhibits 1726 and 1726-R received in evidence)
MR. STEEL: If you don't mind looking at 27, tab 27, and it should be behind it. Mr. Combs Exhibit 1727.
Do you see that?
MR. STEEL: Would you do me a courtesy and tell me whether you recognize what's depicted in 1727?
MR. STEEL: And is it true and accurate, from the best of your memory?
MR. STEEL: Your Honor, then I would move for the admission of 1727 under seal and then 1727-R.
THE COURT: It will be admitted on the same terms.
MR. STEEL: If you go back to 24 tab, which is now admitted, 1724, tell me when you're there, if you don't mind.
MR. STEEL: And you see in the third line -- don't read or anything. Do you see in the third line the center --
MR. STEEL: -- of that writing?
MR. STEEL: That's Mia, right?
MR. STEEL: You understand that's Mia, the third line center?
MR. STEEL: Do me a courtesy. Just make sure I'm correct, but it seems to say that this is June 25, 2016, is that fair?
MR. STEEL: And this is your posting, same thing that the jurors have heard a lot about, right?
MR. STEEL: And you explained a repost again to the jurors earlier?
MR. STEEL: When you say his --
MR. STEEL: Would you do me a courtesy and read what you wrote. And just remember the third line center. OK.
MR. STEEL: After #happy birthday and then it says @mia. You see that?
MIA: Yes. OK. Good thing you taught me life is a marathon and not a sprint because I'm still running with it. #repost @iamdiddy. #happy birthday, Mia. You are the wind beneath my wings, an angel from above and any other Whitney Houston or Brandy line there ever was. Now take my black card and run. Run like the wind. Love you.
MR. STEEL: Now, the first part before it says #repost, do you see what I'm talking about?
MR. STEEL: Who wrote that, good thing you taught me life is a marathon and not a sprint because I'm still running, with a lot of Ns with it?
MR. STEEL: The second part after the repost?
MR. STEEL: Who would have written that?
MR. STEEL: You wrote that?
MR. STEEL: Then you reposted your own wording?
MR. STEEL: Because that's your job, right?
MR. STEEL: You told the jurors yesterday that part of the reason that you never said anything about the sexual abuse, you remember you gave several reasons?
MR. STEEL: The supposed sexual abuse was never said?
MR. STEEL: Yeah. Remember you gave reasons?
MR. STEEL: You explained that the Me Too movement --
MR. STEEL: You stated that social media wasn't kicked in, right?
MIA: Not in the capacity it is now. Like there was no TikTok. There was nobody talking about sexual abuse. There was no -- at this time Instagram was all about highlighting the highs of your life, not the lows of your life, and just showing people the great times that you were having. That's what I meant. Social media is not like it is today.
MR. STEEL: Well, by 2017, the Me Too movement was viral.
MIA: Not until about a few months after was the initial person that was brought to the forefront for the Me Too movement was months after I left.
MR. STEEL: That was October 15 of 2017. Does that sound right?
MR. STEEL: That's when the Me Too movement went viral, right?
MIA: I don't know when the Me Too movement went viral, but I know that the catalyst for it was somewhere around that time.
MR. STEEL: And were you aware at that time?
MR. STEEL: I understand. But you were aware of that, the Me Too movement, right? That was a great movement.
MR. STEEL: Now, tell the ladies and gentlemen of the jury what's in the pictures. And I think they have seen all of them before. If they have not, just explain that too.
MIA: Yes. Just the same recycling photos. The same photo of us in Burning Man; a photo on some video set; a photo of me giving birth in a funny video; me and Puff at a club; me, Cass, and Puff at Burning Man; me and Puff on that -- a funny video shoot; and then me and Puff on the set of Blackish.
MR. STEEL: Would you agree with this, anybody so far who looks at your social media would think that you and Sean Combs are very, very close.
MS. SMYSER: Objection.
THE COURT: Overruled.
MR. STEEL: And that was your postings, right?
MR. STEEL: Yes.
MR. STEEL: Look at 1725, if you don't mind. It's behind tab 25. We are still in 2016. It's August 27, right?
MR. STEEL: Can you read what you posted.
MIA: It's still technically your birthday because I'm still technically recovering from it. Happy birthday, Casalicia. You are my heartbeat, heart, my everything heart, my ride-or-die heart. @cassie.
MR. STEEL: That's pictures of you and Ms. Ventura?
MR. STEEL: I'm sorry. I interrupted you. Go ahead.
MR. STEEL: You have Mr. Combs in one of those pictures?
MR. STEEL: That's the bottom picture, second one in from the right?
MR. STEEL: And you mean this, right? This isn't puffing. You love Ms. Ventura. You already said that. Is that fair to say?
MR. STEEL: You meant every word on your social media account, right?
MIA: I didn't mean every word on my social media account, but I did mean this post a thousand percent.
MR. STEEL: Let's turn to 26. It's behind tab 26. This, again, is October 5, 2016. Can you read to the jurors and then explain exactly what you're doing and the image.
MIA: Sure. LA. Come on down to the @invisiblebully popup shop at 517 North Fairfax, where you can watch me, the live window display, talk on my Zach Morris cell phone while I play Nintendo for the next three to six hours, depending on if I beat level 4 or not. #badboyreuniontour #big #sipchampagnewhenwethirsty #orciroc.
This was a popup shop for D-Roc's clothing brand and this was an installation on the street, and I decided to be cute and run inside side of it and have someone take a photo of me.
MR. STEEL: Who is in the first line?
MR. STEEL: Bad Boy reunion tour?
MR. STEEL: What is that?
MIA: Bad Boy was -- I mean the documentary I was working on was coinciding with the Bad Boy reunion tour where Bad Boy was reuniting after 20 years and going on tour.
MR. STEEL: Do you realize all these posts so far emphasize and promote Mr. Sean Combs?
MR. STEEL: Look at number 27. It's tab 27, but it's Exhibit 1727, if you don't mind. When you get there, just make sure that this says 11/5/2016.
You see that?
MR. STEEL: I want to talk to you about that date for a second. OK?
MR. STEEL: You see next to it it says 1:14 p.m. UTC minus 6?
MR. STEEL: Do you know, and if you don't, just say I don't know, that that means that the time is really six hours before, so it would be on November 4, 2016 when you posted that?
MR. STEEL: And November 4, 2016, the jurors will remember, it's the day that you remember as Mr. Combs' birthday, nothing else attached, right?
MS. SMYSER: Objection.
THE COURT: It's overruled.
MR. STEEL: And Puff's birthday to you also included you being sexually assaulted, right?
MR. STEEL: Read what you wrote.
MIA: Happy birthday, Puff Daddy. Thank you for the bday dinner and a movie night. You are the coolest alien rock star unicorn pizza slice, and we fucking love you. Emojis.
MR. STEEL: You are telling this jury that all these writings that you wrote to Mr. Combs and promoting him, it's not the way you felt?
MS. SMYSER: Objection. It's argumentative, your Honor.
THE COURT: Sustained.
MR. STEEL: Did you feel that way when you were writing this?
MIA: Did I feel like, happy birthday, Puff, thanks for the birthday dinner? Yeah. During this post.
MR. STEEL: How about, you are the coolest alien rock star unicorn and pizza slice, and we F'g love, with multiple Vs, you with two exclamation points?
MIA: I did do a little bit of -- did I believe that he was the coolest alien rock star unicorn? I was just trying to compliment him in a unique way.
MR. STEEL: You mean we F'g loved, with multiple Vs, you, two exclamation points?
MR. STEEL: Now, the photograph that you attached --
MR. STEEL: -- to the 11/4 -- I'm just calling it 11/4, but I understand it's written 11/5.
Can you do me a favor. Can you identify who these people are and then just say where you are, top row starting in the left, and say when you're in the second row, and then there is a third row or like a table row.
MIA: I cannot -- my eyes aren't that great, but I can -- I mean, these are all like Puff's friends and family and people that work with him. I can't see. It's not anybody else's fault, but my eyes are a little blurry. There is Groovy Lou to the left. I can't tell who that is to the left of him. Next to Groovy Lou on the right, I think that's Chisel in the back. I think that might be April, D-Roc's wife, I think, in the front of that. Then Justin. Then I can't really make out the two faces here. Behind them is Lucas. There is Mama Combs. There is Christian. D-Roc is behind them. There is Puff. There is me. Behind me is Tony DeNiro. Next to me is LaurieAnn Gibson. To the right of her is Rube --
MR. STEEL: You're going so fast.
MR. STEEL: It's me. I should have stopped you earlier.
Can you go back when you started to name people. Who is Mama Combs?
MR. STEEL: Where is she depicted here?
MR. STEEL: Continue from there. Christian was next.
MR. STEEL: Who is Christian?
MR. STEEL: Keep going.
MR. STEEL: Let me ask you a question. Who is directly next to Mr. Combs?
MR. STEEL: Now continue.
MR. STEEL: Who is LaurieAnn Gibson, if you know?
MR. STEEL: Go ahead.
MR. STEEL: Jurors may remember, but if you know, who is Rube?
MR. STEEL: Who is that?
MR. STEEL: Who Kristina?
MR. STEEL: OK.
MIA: I can't tell who is to the right because of that -- because my eyes, and it's blurry.
Behind that is Tron.
MR. STEEL: Can you just say who is Tron?
MIA: Tron was in the Burning Man photo. He is Derek, to the left's, boyfriend, but also worked with Derek in helping style Puff.
MR. STEEL: When you say style Puff, that may be self-explanatory, but just explain what you mean.
MIA: Derek was Puff's stylist, meaning he was responsible for all aspects of Puff's clothing, wardrobe, dressing him for any and every event. That also extended to his family. Yeah. Anybody Puff told us to style. Just anything clothing wise.
To the left of Derek is Tony DeNiro, who was Puff's friend. To the left of him is D-Roc. To the left of him is Lucas, who is Puff's good friend.
Did I get everybody that I can see?
MR. STEEL: Does that complete what you can see and what you remember?
MR. STEEL: Now, you will not be employed in any capacity by Mr. Combs or his entities come his next birthday, is that true?
MR. STEEL: Because you leave -- really on December 6 you're notified that there will be no more employment, but you get paid through and you worked through March of 2017. Is that true?
MIA: It was really confusing. There was a notification, but then there was -- again, I was getting mixed messages from Puff and other people, and then I continued to work. Then basically I believe in March is when I said that I will get my things out of the office in LA and leave.
MR. STEEL: If you remember, December 6 of 2016 you were officially notified that you would not be working after March or after some time, is that fair to say?
MR. STEEL: If you recall, December 6 of 2016 is when you were officially notified that you would not be working with the company.
MIA: I don't really know because that was -- again, it was -- it was such a confusing, weird situation. I don't know what date I met with Brian Offutt that initially said that, but, again, it was muddy because I was getting phone calls from Puff and other associates asking for facts. I don't really know.
MR. STEEL: Let's look at tab 39, if you don't mind turning to it, and behind it you will see Mr. Combs' Exhibit 1739. Take a look at it and let me know if that is, again, on your social media.
MR. STEEL: Do you remember posting this?
MR. STEEL: Is this true and accurate, to the best of your memory?
MR. STEEL: Your Honor, I move for the admission of 1739 sealed, 1739-R.
(Defendant's Exhibits 1739 and 1739-R received in evidence)
THE COURT: They will be admitted on that basis.
MR. STEEL: Would you take a peek at 1743, if you don't mind, which is behind tab 43. I apologize.
MR. STEEL: Does it look accurate, to the best of your memory, of what's depicted in 1743?
MR. STEEL: And this is what you posted and wrote on your social media. Fair to say?
MR. STEEL: Your Honor, I would also move for the admission of 1743, and then R, the first one to be sealed.
THE COURT: They will be admitted.
(Defendant's Exhibits 1743 and 1743-R received in evidence)
MR. STEEL: If you could turn to tab 39. That's Exhibit 1739, if you don't mind.
MR. STEEL: This is May 16, 2016, correct?
MR. STEEL: Your social media, fair to say?
MR. STEEL: Can you read to the jurors what you wrote.
MIA: Your nostalgic goosebumps are about to be on fleekies. Bad Boy, come out and play. #badboyreuniontour #legends #mysquad.
MR. STEEL: Then in the picture?
MR. STEEL: These are the dates of the tours in the different cities, fair to say?
MR. STEEL: And the different locations or arenas.
MR. STEEL: Promoting Mr. Combs and the tour.
MR. STEEL: If you turn to Exhibit 43, if you don't mind. Excuse me. Tab 43. Exhibit 1743.
MR. STEEL: That's now November 15, 2016, correct?
MR. STEEL: Can you read to the jurors what you decided to post on your personal social media.
MR. STEEL: What does that mean?
MIA: I was just making a joke that he was doing a standup comedy routine during a DeLeon promotion.
MR. STEEL: The image you chose?
MR. STEEL: Again, promoting Mr. Combs?
MR. STEEL: Now, I'd like you to do me a favor.
MR. STEEL: You can put down that book, if you want to. You can hold it too.
With regards to this time, this will take us through, as you say, close to the time that you are going to get your separation notice. Fair to say?
MR. STEEL: Within four months of this date of November 4, 2016, you are severed, no longer with -- I'm not saying anything bad. You are no longer with Sean's company, Sean Combs, fair?
MR. STEEL: And I think, and you correct me, Mia -- I just want to make sure this is fair and correct. I think you told the jurors that part of the reason that you promoted all the social media posts on your personal account was because you almost felt obligated to do so. If you didn't say that, just say that's not true.
MIA: I don't know if I said obligated, but everybody that worked for Puff was expected to promote what Puff was promoting or his brand.
MR. STEEL: When you say it's not a hundred percent -- that's how I hear you. Just correct me -- that was part of the reasons that you made all these posts favoring Sean Combs, in spite of what you told the jurors, he has traumatized you, right?
MIA: Yes. Also this was my life and my world. So these are all the high points. These -- back then, at least, you didn't post the low points.
MR. STEEL: But after like this birthday you are severed -- that's my word -- from Mr. Combs. Fair to say? You are not working with him anymore?
MR. STEEL: Am I correct?
MR. STEEL: I am going to show you something, with the Court's permission, that may be or may not be -- actually, this is going to be marked as Mr. Combs' Exhibit 1700. Then there is a note inside which we marked as 1700A.
MR. STEEL: Your Honor, could I give this to the courtroom deputy to approach?
THE COURT: You may.
MR. STEEL: Do you have what I have just announced is marked as Mr. Combs' 1700? Were you given that?
MR. STEEL: Yes.
MR. STEEL: The Court has it. I was intending that for you, if that's OK with the Court.
THE COURT: Here you go.
MR. STEEL: I want you to look at that, and take your time. I'm not trying to rush you at all. My questions are going to be similar to what I asked you before. Just take a look at it, flip through it as much as you need to.
MR. STEEL: And does this look accurate, to the best of your memory?
MR. STEEL: And is this something that you did?
MR. STEEL: One more time.
MR. STEEL: I'm sorry. I heard you say it's very, and then I couldn't hear you.
MR. STEEL: Do you remember doing this multiple times? By that, I mean, a similar item.
MR. STEEL: Let me just show you another one.
MR. STEEL: Yes.
MR. STEEL: To be fair to you, let me just show you --
MR. STEEL: Your Honor, may I approach the courtroom deputy?
THE COURT: Do you mean to give this to the witness?
MR. STEEL: Yes.
THE COURT: You can give it right to the witness.
MR. STEEL: May I approach?
THE COURT: Yes, you may approach.
MR. STEEL: Mia, may I approach you?
MR. STEEL: I'm handing you two other items. Do me a favor. I'm putting them right there. Same questions.
MIA: This one looks like it's a copy of the first one that you gave me, or I don't know which one is the original.
THE COURT: Mia, just take a look at the binders, and then Mr. Steel is going to ask you some questions.
MR. STEEL: Just look up. We will go one by one, if that's OK with you, but it's going to be the same questions that this honorable Court allowed, which is, do you recognize --
THE COURT: Hold on, Mr. Steel. Let her look through it and then we will turn to you.
THE COURT: Mr. Steel.
MR. STEEL: Do all three of those items, which I'll now announce and mark as Mr. Combs -- 1700 will be the actual book itself, your Honor. Then 1700(1) and 1700(2), since there is three, your Honor. And the writing inside, your Honor, would be 1700-A for all three. They are identical, your Honor.
THE COURT: Are you moving for admission of --
MR. STEEL: I am moving for the admission of all of them. However, based upon this honorable Court's ruling, 1700, that series would be for demonstrative only and then 1700-A, yes, I'm moving into evidence, your Honor.
THE COURT: So 1700-A is admitted, and then you are permitted to use 1700 as a demonstrative.
MR. STEEL: Then there is a 1700-A-R, if that's OK, your Honor.
THE COURT: Very well. 1700-A will be admitted under seal, and then 1700-A-R will be admitted.
(Defendant's Exhibits 1700-A and 1700-A-R received in evidence)
MR. STEEL: Thank you, your Honor.
Your Honor, with the Court's permission, may I show on the screen 1700-A-R for the audience.
Is there a way to show the jurors 1700-A?
THE COURT: You're asking me?
MR. STEEL: We will just do A-R to everyone, your Honor, with the Court's permission.
THE COURT: Everyone can see 1700-A-R, if you've got it queued up to be shown. If you would like the jury to see 1700-A, you are going to have to furnish them with a copy, or otherwise if you can have a version that we can show just the jury, we can do it that way.
MR. STEEL: We will do A-R for the Court.
If you can just blow it up, if you don't mind. We will just go in sections.
MR. STEEL: Mia, I would like to ask you some questions. Is that OK?
MR. STEEL: Now, do you recognize this handwriting?
MR. STEEL: Do you remember giving this as a birthday gift to Mr. Combs?
MR. STEEL: This would be 45th birthday. So this would have been November 4, 2014, is that fair to say?
MR. STEEL: And at the top you put in red, correct?
MR. STEEL: And this was going to who?
MR. STEEL: So as opposed to all of the exhibits that the jurors have already seen that have been marked and entered where it's on social media, your personal social media account, this is something that you made and you gave to Mr. Combs, fair?
MR. STEEL: And at the very top what did you write?
MR. STEEL: If you can go slow and read to the jury what you wrote to Mr. Combs.
MR. STEEL: I am going to interrupt you, and I apologize. Can you read slower.
MR. STEEL: Some people haven't seen this before.
MIA: Sometimes life goes by at catastrophic speeds where you never get to live in and enjoy the quote/unquote now. Things that used to feel unattainable and symbolic of success can become quote/unquote the norm and lose all of the adrenaline and excitement it used to stir up. And life keeps going and going, and each new height reached can lose its celebration moment in the whirlwind of getting to that next goal.
All of this to say that I hope on this day you get to sit back and actually take it all in of how much you've accomplished, how far you have gone, and are still going.
So I put together this book of magazine articles from 1991 to 1999 that I hope will stir up nostalgic feelings of when you started and how you felt and what was a dream to you then that's now an everyday reality, so your quote/unquote self can tell your quote/unquote young self how great you've become. Not that you'll ever forget your past, but I hope it reminds you of when this world made your eyes light up. Happy, happy birthday. I love you forever and eva and eva. Mia.
MR. STEEL: Did you mean those words?
MIA: Yeah. At the time he had come to me, like just to me like upset and said, when I was looking out of a plane, he said: I used to look at the trailer world the way you did, but now that I have kind of done everything -- like it was a really -- it made me sad, like this depressed like, you know, what's left, like if I have done everything. I don't know. I was trying to -- I was basically addressing this conversation that him and I had where he felt sad to me -- yeah. It's really hard to get somebody that has a lot of money a birthday present, so I thought that this would make him happy.
MR. STEEL: You say to him, when he said in his depressed mode on that airplane, well, you made me beyond repressed and depressed.
MR. STEEL: You say to Mr. Combs, when he supposedly says to you on that airplane that life doesn't have the same meaning, did you say to him, well, you made my life have no meaning also?
MIA: No. That's not the kind of person I am. If someone comes to me in a vulnerable state, regardless, I want to help, and that is just my empathic nature. I would never say something like that.
MR. STEEL: Even the person that has, according to you, beaten you down below this earth.
MS. SMYSER: Objection.
THE COURT: Let's rephrase.
MR. STEEL: The man who you say has ruined your life. This is what you write to him?
MIA: At the time, as low as he would make me, he would also make me feel the opposite as well. Again, I can tell you what my therapist has said, but I'm not a professional to explain that.
MR. STEEL: How is it possible that you are even around Mr. Combs after the way you say he treats you and your sister and your other loved ones?
MIA: It's called like psychological abuse. Again, it wasn't horrible all the time. If it was, it would have been easy getting punished after reacting to his violence where then I'm confused and begging for -- to make it all better so that I ignore what happened, like nobody around me -- no one around us ever reacted. Everyone acted like it was normal. Adults that I thought were authority figures in the office, they all upheld his behavior and punishment towards me. I didn't have like -- it is a fun recipe.
MR. STEEL: You said it wasn't horrible just now. What could be more horrible than the way you described your time with Mr. Combs?
MS. SMYSER: Objection.
THE COURT: Hold on.
It's overruled.
MR. STEEL: What could be more horrible than how you described this supposed conduct that you endured at the hands of Mr. Combs?
MS. SMYSER: Objection. It's argumentative, your Honor.
THE COURT: Ms. Smyser, can you wait until the end of the question, because I'm trying to listen to the end of the question first. I hear the objection, and I am going to sustain the objection.
MR. STEEL: You stated a moment ago that it wasn't horrible what you endured with Mr. Combs. You remember that?
MR. STEEL: You just said that a minute ago. If you don't remember, that's fine.
MS. SMYSER: Objection.
THE COURT: Mr. Steel, let's get a fresh question so that you're not going to draw the objection.
MR. STEEL: Explain to the jury what could be worse than what you described supposedly what you went through with Mr. Combs.
MS. SMYSER: Objection.
THE COURT: That's sustained.
MR. STEEL: How did you find any goodness with Mr. Combs after what you described to the ladies and gentlemen of this jury.
MIA: Easily because no one in my life had ever said the mean things that he had said to me. No one in my life had treated me like that. And the second that it went back to good, I was elated. I was searching for that sort of approval because I was confused what I had done wrong. Again, I'm not a psych major. I didn't know what was happening. It's very -- but I think there is a lot of textbooks out there that will explain it very easily. It's an abusive relationship, the cycle of violence.
MR. STEEL: But you're not dating Mr. Combs.
MIA: A relationship doesn't mean it has to be romantic. A relationship could be -- that means anything.
MR. STEEL: Ma'am, why do you blame yourself when you're trying to use a bathroom on an airplane and Mr. Combs comes and confronts you and you say no, no, no, no, no, and then don't have a memory. What did you do wrong?
MIA: Again, I think that could be explained with any sexual assault victim and the shame that they carry. I'm not sure in hindsight everything -- but when you're in it, I don't know how to explain it. I was young and manipulated and just eager to survive.
Again, I'm unraveling a lot of this now in therapy. Nobody told me, nobody was there to say these things were happening were wrong. There was no -- there were no streaming documentaries. There was nobody standing up. There was nobody around us that ever even flinched at his behavior, so I don't know how to explain that. I was always in trouble, and I was always just trying to find a way not to be in trouble. Then when things were great, things were so great.
MR. STEEL: Did you need anyone to tell you that it was wrong when you were afraid that Mr. Combs would kill you?
MS. SMYSER: Objection.
THE COURT: Overruled. A. I'm sorry. Can you repeat the question.
MR. STEEL: Did you need anyone to tell you that it was wrong that you were afraid that Mr. Combs would kill you?
MS. SMYSER: Objection.
THE COURT: That's sustained. I think you need to rephrase the question a little bit.
MR. STEEL: Why would you be confused at all when Mr. Combs, according to you, would act like he was going to kill you? Why would that be something you did wrong?
MS. SMYSER: Objection to the form, your Honor.
THE COURT: Can I have a brief sidebar.
(Continued on next page)
(At sidebar)
THE COURT: First question, Mr. Steel.
How much time do you have remaining on your cross-examination? The reason I ask is because we had thought about keeping the jury late, but if you have a lot more --
MR. STEEL: Hours.
THE COURT: You have hours, multiple.
Given that, should we go until 3:30? It's Friday. If you are going to be doing Monday anyway, I just want to make sure --
MR. STEEL: Whatever your Court thinks makes sense.
THE COURT: Let's do that because I anticipated, based on where we were, that it would take longer than just today, even if we went to 4 p.m. That's the first question.
Second issue. I don't know where these questions are going. Ms. Smyser's form objection is well taken because the questions are vague in terms of what they are seeking, and it's not clear like where we are going right now. Maybe you can explain, and then we can hear that now.
MR. STEEL: My memory is that Mia stated that no one was telling her this was wrong. That's my memory. I'm following up on that. Why do you need someone to tell you it was wrong?
THE COURT: Meaning Mr. Combs' conduct?
MR. STEEL: Yes.
THE COURT: I think it just needs to be a little bit clearer as to what the it is when you say it was wrong because I think the witness is confused as to what you are referring to, whether it's her response or her conduct, as opposed to Mr. Combs' conduct. I think if you can clear that up, then you can avoid the form objection. Thank you.
MR. STEEL: May we step back?
THE COURT: Yes.
MR. STEEL: Thank you.
(Continued on next page)
(In open court)
THE COURT: Mr. Steel, you may proceed.
MR. STEEL: You stated something to the effect that no one was saying that Mr. Combs' conduct was wrong.
Do you remember something to that effect giving in your answer?
MR. STEEL: So my question is this. Why did you need someone else saying that it was wrong of Mr. Combs to make you feel like he would kill you?
MIA: I'm sorry. Why did I need someone to tell me -- can you repeat the second part of the question.
(Continued on next page)
MR. STEEL: That it was wrong when Mr. Combs made you feel, according to your testimony, that he would kill you?
MIA: Because the -- so if I'm looking objectively at a situation that I have no involvement with, of course. But when you're -- my logic brain and my trauma brain, my trauma brain wins all the time. I -- everybody -- I mean, eventually it becomes normalized, and you're just trying to go back to the good. I -- you make excuses for people. I'm a people pleaser. I'm an empath. I'm a rule follower. I just wanted to do -- like I just wanted to -- I just wanted to do my best and do -- and make everybody happy all the time. So I tend to take a lot more than normal people. I don't know how to explain that. I don't know if I should apologize for that. I forgive people all the time for things like that.
So after something violent or after something -- if I was ever finally pushed to the edge and happen to confront him about them, he would then say, you're right, and I need your help, and then I would feel like, oh my gosh, okay, like I'm going to help you, and I would make excuses to myself.
MR. STEEL: Where is it that you confronted Mr. Combs and said, you have violated me sexually or in any other manner, and he said, you're right, I need the help?
MS. SMYSER: Objection.
THE COURT: Overruled.
MR. STEEL: Did that ever happen?
MIA: Did -- when I just said that I confronted him, I did not include those -- everything you just listed. I did confront him after St. Barts, after that end, not about what you just listed, but I'm saying about his behavior and that it resulted in him saying I was right, and he needed my help, and then he said, in fact, I'll fly Matt to Vegas tonight and get you guys a room, and you guys can just hang with us. And so then all's forgotten, and I'm on a mission to help, so that's an example I'm talking about.
MR. STEEL: Mia, you're not a weak person, are you?
MR. STEEL: In 2009 -- if I cut you off, I apologize.
MR. STEEL: Were you done?
MR. STEEL: In 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016 going into March 2017, you are strong, aren't you?
MR. STEEL: You gave advice to people to say stand up for yourself. You said that to Ms. Ventura, didn't you?
MR. STEEL: You told her that she's a super star, right?
MIA: I told her she -- but I don't know about standing up. Did I tell Cass she was a super star? Probably.
MR. STEEL: Told her that the money has to come to her just like men get the money, right?
MR. STEEL: Isn't it true that what you told this jury about the conduct of Mr. Combs is a lie? A misconduct?
MR. STEEL: Isn't it true that Mr. Combs never had unwanted non-consensual, forcible sexual contact with you, isn't that true?
MIA: I'm sorry, you started with isn't that untrue, and then isn't that true? What I said in this courtroom is the truth. I have not lied to anyone at all.
MR. STEEL: Isn't it true that, although unforgivable for any person to put their hands on a woman, especially a man, isn't it true that it did not happen as many times as you just said to this jury?
MS. SMYSER: Objection to form.
THE COURT: That's overruled.
MR. STEEL: Then why would you -- if you're being sexually assaulted and your sister is being brutalized physically, why are you making a scrapbook for Mr. Combs?
MIA: It's a lot more complicated than the way you phrase that. It's called it's abuse on all levels and --
MR. STEEL: I'm sorry, go ahead.
MIA: Oh no. I was just going to say I guess you could talk to any sexual victim advocate or any abuse victim advocate, and they could explain it to you much better than I could.
MR. STEEL: What if you're not a victim of sexual assault, then what?
MS. SMYSER: Objection.
THE COURT: Sustained.
MR. STEEL: I'd like to, with the Court's permission, ask some questions about the scrapbook. And is there any way I could, with the Court's permission, have a courtroom deputy hand two copies of the three to the jurors?
THE COURT: You may.
MS. SMYSER: Your Honor, I think we need to clarify that these are the same and not different.
THE COURT: Yes. These are the same scrapbooks, is that correct?
MR. STEEL: That's my understanding, but I could follow up with questions.
THE COURT: I'm going to ask the courtroom deputy to hand the two binders to the jury. And what I'll ask the jury to do is just hand those around, take a brief look at it, and then we're going to have it handed back in a couple minutes.
MR. STEEL: Can Mia hold one copy, and I ask some questions, your Honor, during that? Or would you like it to be silent while the jurors are passing that around?
THE COURT: No. You can ask questions, but it's only going to be a minute or two, and then we're going to get the binders back and keep going.
So let's go ahead an hand the binders over to the jury. Let me ask the courtroom deputy to hand those binders.
Wait.
Mr. Steel, can you confirm, and we'll see if there's any objection, that the three versions of this are exactly the same?
MR. STEEL: My belief, your Honor -- can I ask the witness a question?
THE COURT: She did not have the time to look through every page of all three binders.
MR. STEEL: Based on my belief, it is, and also I gave it to the prosecutors all three, three days ago, I don't remember. So I will yield to --
THE COURT: Ms. Smyser, any objection? There's a representation been made that those binders are the same.
MS. SMYSER: It is very difficult to know if they are certainly the same, your Honor. If we could focus on one of these three copies.
THE COURT: Now, Mia, let me ask you: The one binder that you've been looking at, the one with the cover letter, that one, you've looked through it and that's accurate?
MIA: Yeah. I just kind of skimmed, they're just articles that in order that he was mentioned in those years.
THE COURT: Does that appear to be the scrapbook as you prepared it?
MIA: It -- I believe so. Of course, it was a long time ago, but it looks -- of course I remember doing this.
THE COURT: Here is what I'm going to ask you to do. Take a quick look at the other two and make sure they're the same, as far as you can tell. If there's any issue, you'll let us know, all right? And we'll take a minute for that.
(Pause)
THE COURT: All right. So at this point I'm going to ask the courtroom deputy to take the two copies of the binder other than the one, Mia, you were looking at, and hand those to the jury.
Members of the jury, just pass those around and take a quick look, and we'll get that back from you in a minute or two.
While we're doing that, Mr. Steel?
DEPUTY CLERK: Your Honor, I apologize. One moment.
THE COURT: Let me ask. Mr. Steel, there's one binder that has something on the front part of the binder. Is there a reason for that?
MR. STEEL: That's how we got it, your Honor.
THE COURT: But in terms of what's inside, it looks like it's consistent. Let's give those to the jury for a second. All right.
MR. STEEL: Your Honor, may I ask some questions? I know the jurors are busy, but can I do that?
THE COURT: You may.
MR. STEEL: Thank you.
MR. STEEL: Mia, are you looking at the exhibit now?
MR. STEEL: Okay. Tell me when you are ready, I'm going to ask you some questions.
MR. STEEL: All right. Now, that was for Mr. Combs, as you explained, for his 45th birthday, correct?
MR. STEEL: So we're talking about November 4 of 2014, fair to say?
MR. STEEL: And would you tell the jurors what you did to make what is now being passed around as Exhibit Number 1740 as well as 1740-A. I'm not talking about the writing. I'm talking about, because the jurors saw it, I'm talking about the actual guts of the exhibit?
MS. SMYSER: Your Honor, could we please get a sidebar?
THE COURT: Of course.
(Continued on next page)
THE COURT: Can we take the binders from the jury in the meantime please?
THE COURT: No. They can look through it let's have a quick sidebar.
(Continued on next page)
(At the sidebar)
MS. SMYSER: They're reading -- the jurors are clearly reading the binder. I think it just now has moved past Juror No. 1.
THE COURT: That's okay. They're looking through it. They're looking through it as a group. There are three jurors who are looking at it at the same time, and they're going to take it and pass it around. It's going to be five minutes, and they'll give it back. We need to get through this, and we need to move this along.
Mr. Steel, you have some questions. You understand in five minutes I'm going to take it back.
MR. STEEL: Sure.
THE COURT: We're going to have them look through it very quickly. Once the jurors have a chance to take a quick look, we'll get it back.
MR. STEEL: Over objection, but I understand.
THE COURT: You mean the prior objections to it not being introduced into evidence?
MR. STEEL: Exactly.
THE COURT: You made your objection. I overruled it.
(Continued on next page)
(In open court)
THE COURT: Mr. Steel.
BY MR. STEEL:
MR. STEEL: Mia, may I ask you some questions, if you don't mind?
MR. STEEL: If I'm interrupting you, just tell me you can't focus.
Explain to the jury how you went about making what's now been marked and enter -- can I call it a scrapbook, by the way? Is that a birthday gift?
MR. STEEL: It's 1740. All of these questions are about 1740-A.
1700-A, I apologize.
Explain to the jury, if you don't mind, how you went about creating this birthday gift.
MIA: I did a lot, a lot of research, and I believe I reached out to people in his company with his archives, and then -- to find in order the first mention he had in the press until I'm not sure what date. Then I printed them out and put them in order and highlighted where he was mentioned.
MR. STEEL: And when you say archives, what is archives? What does that mean? Are you going to a library?
MR. STEEL: Was this something that was online already or was it in form of like a, you know, what we used to have, like a printed magazine or newspaper?
MIA: It was not on -- it was not online yet. It was -- I don't remember the actual dig -- yeah, whether we got copies of it, I'm not sure of the actual format. This was not online. This was in his -- yeah, again, the person or people who were in charge of Puff's archives.
MR. STEEL: I can't hear you. I apologize.
MIA: Yeah, whoever was in -- there were people in his company in charge of his archives, so I kind of -- yeah, I reached out to them, and they helped.
MR. STEEL: So, I mean, I'm just trying to get a sense. Did you actually grab like what used to be a newspaper or magazine and photocopy it or cut it out and highlight it? Can you just explain what you did, if you don't mind.
MIA: Sure. I got them from the people that are in charge of his archives. They had -- I'm not sure how they had it, but I'm guessing that's what they did. They sent me -- they must have scanned them whenever they were archiving it, and sent them to me, and I printed them.
MR. STEEL: And did you read each one of those articles?
MR. STEEL: And you're the person who did all this work?
MR. STEEL: You did it all by yourself?
MR. STEEL: Sure. But once you received the materials that you were reading and highlighting, you did the rest?
MR. STEEL: And why are there multiple copies of the same information? Why did you do that?
MR. STEEL: Do you know how there are multiple copies?
MR. STEEL: And it's already in evidence it's 1700-A, that letter that was written with red on the top, it's now on the screen. Do you see this 1700-A-R is on the screen?
MR. STEEL: You attached that to this gift, is that true?
MR. STEEL: And did you mean what was written -- did you mean, were you being truthful what you wrote in 1700-A?
MS. SMYSER: Objection. Asked and answered.
THE COURT: Overruled.
MR. STEEL: Correct.
MR. STEEL: That's a very loving card. Would you agree with that?
MR. STEEL: To the person who sexually abused you?
THE COURT: Let me ask the jury. Who has not gotten a chance to quickly look through this? Folks on the second row. Let's go ahead, if we can pass it over. I just wanted the jury to get a quick look at this. Once you've gotten a chance to look at it quickly, please hand it over.
Mr. Steel.
MR. STEEL: I am going to go to another topic, if I can, your Honor.
THE COURT: All right.
MR. STEEL: I'm not trying to rush.
(Pause)
MR. STEEL: May I, sir?
THE COURT: You're going to go to a different line of questioning?
MR. STEEL: I'd like to.
THE COURT: Can you give us 60 seconds?
MR. STEEL: Yes, sir.
THE COURT: Let's complete this. I want to make sure all the jurors got a chance to take a look. Everyone had a chance? Very good. Thank you so much.
MR. STEEL: Your Honor, may I ask one question about the 1700?
THE COURT: You may.
MR. STEEL: Do you have any memory of how long of an effort this was?
MR. STEEL: Now, do you -- we talked about social media and all the birthday wishes that the jurors have seen from 2013 through 2016 so far, okay?
MR. STEEL: Did you also do a video/audio happy birthday to Mr. Combs in year 2013, do you remember that?
MR. STEEL: And describe to the jurors what you did on that social -- on that video/audio, if you don't mind.
MIA: Oh, well, again, it's hard to get somebody wealthy and famous something material, and I always try to be meaningful, and so I reached out to all of the people that I believed were important to Puff in his life and asked them for a birthday shout-out for him, and then I compiled it to a video form.
MR. STEEL: So this isn't something that you did for social media, is that true?
MR. STEEL: This was a gift the year before the gift that the jurors just had an opportunity to hold, right?
MR. STEEL: And who did you reach out to, if you remember? And if you don't remember, that's fine, just tell us who you do remember and how many people do you think that you asked to send a message audio/video for Mr. Combs to celebrate his birthday?
MR. STEEL: And how did you go about selecting or contacting these persons to ask them if they would do a favor and do an audio/video to be placed into a video for Mr. Combs?
MIA: I just took a list of all of the people he always wanted at any of his parties, all the people that were close to him. Because I was with him all the time, I knew -- and that's -- that's how I -- all his friends, all his family, that's how I chose.
MR. STEEL: How did you go about collecting this data?
MIA: I like emailed or texted them and just said, do you want to send Puff a birthday shout-out? I'm making him a video.
MR. STEEL: I couldn't hear you.
MIA: Oh. I just contacted them and said, do you want to send Puff a birthday shout-out? I'm making him a video.
MR. STEEL: And you were included in that birthday shout-out, true?
MR. STEEL: And you were enthusiastic?
MR. STEEL: And you told him you love him?
MR. STEEL: And you explained to him that it's been great being with him and looking forward to more time together?
MIA: I don't remember what I said, but I'm sure it was very positive and in the same sentiment as what we've seen, yeah.
MR. STEEL: This is something that you came up with, right?
MR. STEEL: This was your gift to Mr. Combs?
MR. STEEL: Correct?
MR. STEEL: I'd like to talk with you about some of the testimony that you have been giving here.
MR. STEEL: With regards to leaving and leaving the company and leaving Mr. Combs' company -- by that I mean, not only his business, but him himself. I want you to look at tab number 28, if you don't mind, and that's exhibit, your Honor, 1728. And just read it to yourself. It should be --
MS. SMYSER: Your Honor, I don't think this is in evidence yet, so the jurors shouldn't be looking at the binders.
MR. STEEL: It's not --
THE COURT: Hold off on looking at this in your binders, but just one second.
MR. STEEL: Mia, can you look at tell me when you're at tab 28, and it should be exhibit -- Mr. Combs Exhibit 1728, if you don't mind. Tell me when you're there.
MR. STEEL: Can you review it? It should be -- and it's front and back, a three-page exhibit, if you don't mind. Total three page front and back, five. And my question is going to be similar.
MR. STEEL: And is it to your memory accurate of what it depicts?
MIA: To be honest, I don't remember. I mean, how do I say this? Like I don't like remember this, but, I mean, it is --
THE COURT: Mr. Steel, why don't you ask some particularized questions here.
MR. STEEL: Do you see -- if it's blacked out, we can get you an unblacked out copy. It should be in your notebook, Mia. Do you see at the top? I'm not going to announce it. For the last four numbers, do you recognize the number that ends in 37 --
MS. SMYSER: Objection.
THE COURT: Well, let's take a step back. Is Mia's copy unredacted?
MR. STEEL: Correct.
THE COURT: Why don't you just ask her if she recognizes the numbers as she sees them.
MR. STEEL: Can you do that?
MR. STEEL: And do you know who the other number belongs to? Do you see that?
MR. STEEL: Does it appear to be a conversation in text message?
MR. STEEL: Do you have any reason to believe that it is not accurate or true?
MR. STEEL: I can't hear you.
THE COURT: Mr. Steel, I think you need to ask some more questions or phrase it a little bit differently.
MR. STEEL: Do you see the date on this document?
MR. STEEL: Were you talking with that person whose number is there along with your number during that time?
MIA: On this text message it says that, but I don't remember from like nine years ago exactly what was going on. I mean, I could have talked to Kris -- I mean, I definitely talked to Kristina, I just don't remember.
MR. STEEL: Does this refresh your memory of the day that you found out that you were let go from Mr. Combs' employment?
MIA: So I don't remember the day that Brian said that Puff wanted to get rid of -- like was done with Revolt Films. I don't remember the exact date of that. For some reason, I thought it was around Thanksgiving, but -- I mean, again, I could be wrong.
MR. STEEL: Do you remember giving over and seeing text messages from your phone at that time in this case?
MS. SMYSER: Objection.
THE COURT: Hold on.
Mr. Steel, is it your intent to offer this into evidence?
MR. STEEL: Correct.
THE COURT: Is there an objection?
MS. SMYSER: He can't authenticate it, your Honor, yes.
THE COURT: Anything other than that?
MS. SMYSER: It's the same objections we raised before, your Honor. I think it's a 403 problem here, but understanding the Court's ruling.
THE COURT: All right. Exhibit 1728 will be admitted. Is it -- you have a redacted version as well?
MR. STEEL: Correct.
THE COURT: 1728 will be admitted under seal. 1728-R will be admitted. Now, the jurors can go to that tab, which is what tab?
MR. STEEL: 17 -- sorry, 28. And it's 1728, your Honor. May I ask questions?
THE COURT: You may.
(Defendant's Exhibits 1728 under seal and 1728-R received in evidence)
MR. STEEL: Mia, I just want to orient the jurors to this exhibit, okay?
MR. STEEL: According to the exhibit, this is December 6, 2016, correct?
MR. STEEL: It's Mia's number in blue, is that true, according to the exhibit?
MR. STEEL: And whose number is in green?
MR. STEEL: Is that the person also known as KK?
MR. STEEL: I'd like you to do me a courtesy. Could you go slow, but can you read your blue, and then I will read the green, if that's okay, and we'll go in order.
MR. STEEL: OMG WTF. Mia, that is not funny.
MR. STEEL: What is wrong and don't say that. Take it back.
MR. STEEL: Answer your phone Mia. This is serious. Mia, you can't make a statement like the first thing you said and then not answer your phone.
I'm serious. Please answer your phone. I'm gonna call ya ya if you don't call me back right now please. Mia, I'm serious. Mia WTF you cannot say that and not answer your phone.
Mia I'm serious. You know I just went through this. You need to call me back now or I'm calling your parents.
Mia, can you please answer you phone?
MIA: Fuck. I'm so sorry. I completely forgot. I'm so sorry. I'm with Laura Gomez. I'll call you soon.
MR. STEEL: It's okay. Just wanted to make sure you were on. And then it has an asterisk, okay. Are you okay? Call me when you leave.
MR. STEEL: Love you too! And just call me when you can. Need you to tell me that over the phone LOL. Just know how -- I'm not going to say it but -- f'g talented and amazing you are. And you are the legit, bound for greatness! You are a super star and everyone knows it. I'm so lucky to have you as one of my best friends and will always be here for you. Love you to death Boo Boo, with a red heart emoji.
MIA: Just started crying from that. Thank you so much. Love you too. I'm so heartbroken I can't breathe. I can't wait to see the light at the end of the tunnel. Right now I feel buried and depressed and hopeless. Like just throat slit. Do I say anything? I was legit just going to just text him wow and that's it. I can't sleep and I'm not okay. I don't even know what to do. I don't understand how to make this pain go away. It hurts so fucking bad.
MR. STEEL: Let's talk about that, but before we do, do you see you used the name Ms. Laura Gomez?
MR. STEEL: Can you just tell the jurors who that was?
MR. STEEL: And HR is human resources at Combs Enterprises, fair to say?
MR. STEEL: Now, this is -- is it true that this is when you found out that you are severed — I'm just using my word. Whatever word you want to use — from employment with Mr. Combs' company, true?
MR. STEEL: And you start out: I'm going to kill myself. My life is over, right?
MR. STEEL: And that's because of the fact that you are no longer working with Sean Combs and the other people?
MIA: Well, I was just given this notification out of the blue by -- with no reason, and I'm not getting it delivered -- I have -- like I'm not getting the message delivered to me by the person who controlled me for that many years. It made no sense. And it felt horrific, like I was just -- like I had no explanation for it because he was just telling me recently like how I was the only company bringing him money, and we were in the middle of working on the Bad Boy documentary, and also this was the only world I knew like 24 hours a day for eight years. So that's like dog years, I don't know what that -- that's how many years it was. I didn't have -- that's all I knew, so it was -- yeah, very overwhelmingly horrific.
MR. STEEL: You didn't want to leave the employment, did you?
MIA: I did not want to leave the company that I built where I was actually starting to see my dreams come to fruition that I worked so hard for, absolutely no.
MR. STEEL: And you loved that position, didn't you?
MIA: I loved working. I loved film and television, absolutely. I loved what I was doing at the time, and I finally got there.
MR. STEEL: No one forced you to work very hard, right?
MIA: No, that's no -- I mean, I'm a very hard worker regardless. That's my ethic, but there was not an option if I wasn't.
MR. STEEL: Well, the option was you could have quit?
MR. STEEL: Why?
MIA: Again, it's a pretty long, psychological explanation, but this was not a -- this was all presented as it was a job, but this -- this was not just a job. It -- I mean, I had to ask permission to leave places for the weekend. Like this was somebody -- people I was around 24 hours a day. It was a -- this is all I knew, and I worked so hard and gone through so much, that now it's just being ripped away without an explanation.
MR. STEEL: Are you telling the jury that you felt that you could not leave that employment on your own?
MR. STEEL: Then why were you going to, God forbid, kill yourself when you were terminated, or if that's the wrong word, I'm not -- when you were severed from that company, why wasn't that a relief?
MIA: I wasn't severed from the company. I was, I believe, misled about him wanting to dissolve Revolt Films, again, without my wrongdoing, I just want to make that clear.
MR. STEEL: But isn't this great? I mean, you're away from your abuser?
MIA: No, because at the time I didn't realize that. This is absolutely the time not great. In hindsight, fantastic. But at the time, the worst thing ever.
MR. STEEL: Your Honor, I heard what you said earlier.
THE COURT: Good place to stop?
MR. STEEL: Yes, sir.
THE COURT: Thank you, members of the jury, for all your hard work this week. I know it's a been a long and hard week, and you've kept such close attention on the case. And I do really appreciate that and so do the parties here.
I will give you the same instructions I always do: Do not talk to each other about the case. This is the hard part over a weekend. Don't talk to anybody else about the case. Don't look up anything about the case. Again, hopefully, you've turned off your notifications and everything else, so you're not seeing things about the case. But same thing as last week: Change the channel. Do something else. Don't look up anything about the case. and we will see you here on Monday to get started at 9:00. Try to be here at 8:45. And have a great weekend.
All rise for the jury.
(Jury not present)
THE COURT: Thank you, Mia. We'll see you here on Monday at 9:00 a.m.
(Witness not present)
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THE COURT: Please be seated.
Anything from the government before we adjourn for the weekend?
MS. SMYSER: Yes, your Honor. I want to raise an issue with this last exhibit. The authenticity objection here is a real one, and this witness needs to understand what she is testifying about. This exhibit itself is very confusing. There are four -- there are three numbers listed at the top and an unknown number, and it is not clear. We can pull up Defense Exhibit 1728-R, or I can pass up a copy to your Honor if you don't have it.
THE COURT: Either is fine.
MS. SMYSER: I'll just pass up this copy.
THE COURT: While you're doing that, can you just let me know what is the origin of this text messaging chain? Who produced it? Where did it come from?
MS. SMYSER: Your Honor, the defense produced it to us. I don't know for certain what electronic device this came off of, which is where the authenticity objection stems from.
MS. GERAGOS: Your Honor, we did produce it as Defense Exhibit 1728 to the government, but it came from the government, from the extraction and warrant return of Ms. Khorram's phone. We don't have anything of Ms. Khorram's phone that's not from the government. They execute multiple search warrants on her devices. We've stipulated to -- we have not had them bring in any of the analysts that extracted Ms. Khorram's phones because we understand that the extractions of her phones are authentic. The only ones we did not stipulate to are the Ventura devices, which is why we had the analyst come from Ms. Ventura's laptop and phones. So this is what we got from the government. We stamped it and gave it to the government as a Defense Exhibit.
MS. SMYSER: Your Honor, I'm happy to shed some more light on this situation.
THE COURT: Well, what's your objection? You're not claiming that this is a forged email exchange given what Ms. Geragos just said, right?
MS. SMYSER: Your Honor, I'm not saying it's forged, but there is a problem here with what the defense produces to us. They produce things back to us in a platform that is different than what we produced it to them in. It is very difficult for us to figure out where things come from especially when they're produced to us the night before.
Our stipulation as to authenticity, stipulate to the authenticity of particular exhibits. We're certainly open to stipulating to defense exhibits also. We have not engaged in those discussions, and we would need time to check the exhibits.
THE COURT: I don't think your objection is an authenticity objection. I think your -- isn't your objection that the witness just didn't have an understanding of the actual substance of the communications? Meaning, that you're not disputing that the exchange is what it appears to be, which is a text message exchange between --
MS. SMYSER: We are as to this particular exhibit because, your Honor, if I could direct your attention to the top box here, there are multiple numbers in it, and the green messages don't have an indication of who those are coming from. It appears to be a group chat.
THE COURT: Let's take a step back. So you received this and this came in yesterday, right?
MS. SMYSER: Yes.
MS. GERAGOS: No. Before that.
MS. SMYSER: Before that.
THE COURT: So if there were unanswered questions about this document, why wasn't that raised overnight when we were here at 8:30 so we could review this and get to the bottom of all this? Because I asked probably about three or four times if there were any objections to any of these exhibits, including when the binders were handed out to the jury, and I was told that there was a hearsay objection, which the Court resolved. And then the binders were handed out. So at that time, why wasn't this raised?
Because the way it was raised was, there's an objection on authenticity grounds, and obviously given the exchange, there was a lit lack -- miscommunication between Mr. Steel and the witness in terms of what he was asking, and she didn't really understand it. And I overruled the authenticity objection because this -- if you just look at it, and understanding that it was likely produced by the government, the authenticity objection would not have been well taken. But now I'm hearing like a deeper question about this document, right, so that's the reason why we're having this exchange after it's been admitted into evidence, which I don't like to do.
MS. SMYSER: I understand that, your Honor, which is why I raised the authenticity objection when I did. And we should have raised this earlier, I apologize, but because of how this trial has been going, where witnesses aren't reviewing these things ahead of time, there was a chance that Mia could authenticate these text messages. She's part of the text messages and could explain what's going on. That is not what happened in the conversation with Mr. Steel, which is why I objected.
THE COURT: I don't know if it's an authenticity objection. I think really what you're saying is that she just doesn't know who this other person is, right? She had a text message exchange with somebody, but it's not clear who that person is, fair?
MS. SMYSER: Correct.
THE COURT: I don't know whether -- I'd have to look back at the questioning, but did she say that it was with a particular person?
MS. SMYSER: I think Mr. Steel suggested that it was with Kristina Khorram, and Kristina Khorram, if you look at the numbers at the top, is one of the numbers listed here. That's not the number that -- it doesn't show up on the green messages, and I think the witness was not clear about this.
THE COURT: Okay. Let me just go back. Isn't that something that you would just clear up in redirect if you wanted to address this?
MS. SMYSER: Your Honor, I think there's a problem in that this is an unknown phone number, and so I think a proffer from the defense as to who they think this is would be helpful to us as to how to address in redirect.
MS. GERAGOS: I'd like to take a step back then.
THE COURT: Hold on for a second. Here's the issue.
You're saying Mr. Steel suggested the green boxes were from Ms. Khorram, right?
MS. SMYSER: That is my memory, your Honor.
THE COURT: But really what it appears is that there are four participants -- this must be part of a larger chain, is that fair?
MS. SMYSER: Yes.
THE COURT: Okay. So the issue is -- there are four participants in this chain. One of them is unknown. That's why there's no number in the green box. And so we don't know who that person is.
So let me ask the defense, who is that person?
MS. GERAGOS: Ms. Khorram. I know that, and we would not be offering that if I did not know that for a fact.
THE COURT: How do you know that for a fact?
MS. GERAGOS: Because I spoke to Ms. Khorram's counsel, and was assured that this was Ms. Khorram. We would not be offering it if it was not Ms. Khorram. This came from her device. We would not suggest it if that wasn't the case.
I had -- I insured that personally, and I just would like to take a step back that we produced this for the first time four days ago on the 26th. This came from the government's -- from the government's extraction of her device, which was produced to us on December 31st of last year. We've gone through it. Yes, we are not able to review in Cellebright for multiple reasons. The first is it, frankly, crashes our computer, so we have to put in a platform. It breaks it down into 24 hour increments. So this is what we have with many of the -- of Ms. Khorram's chats, it lists this other unknown participant, and I think it's because it backs up with her Gmail, and it's --
THE COURT: In any event -- I'm just looking at the transcript. Mr. Steel asked the witness whose number was in green, and she identified it as being Ms. Khorram. So the reason why I say that is because if she doesn't -- she may not have remembered this particular exchange, but if she remembered and recalled that Ms. Khorram had multiple lines that she used, including one that didn't come up on messages, she could have answered that she understood it to be Ms. Khorram. So she was asked whose number is in green, and she said it's Kristina Khorram. She was asked is that the person known as KK. And her answer was yes.
So I'm not understanding why this is an admissibility issue are as opposed to an issue of just -- she doesn't know, you know, you can explore that on redirect if you want to. The witness answered that it was Ms. Khorram. So, Ms. Smyser, what's the response there?
MS. JOHNSON: Your Honor, I don't mean to pull attention away from this particular exhibit, but my suspicion on your Honor's question is that the witness was speculating based on the talk.
I think the bigger picture that we want to raise with respect to the exhibits is that, as Ms. Geragos said, we produced something in a very different format than is produced back to us in defense exhibits, and I think that's where this difficulty is arising. The government's format is called Cellebright, and I understand that the defense processes it using another platform, and it comes back to us looking completely different.
I think something that could really help going forward is knowing the source of each of the defense exhibits so that when issues like this arise, we are able to look at our original extractions and verify how they look on our end. Because ours look completely different than this.
When we produce our exhibits, we produce them by source. So for every exhibit we have marked and produced, it shows exactly which phone or iCloud account it came from.
THE COURT: Got it. So, look, as to this particular exhibit, it's a one-off issue because nine times out of ten, this would have come up in the overnight objections, and we would have resolved this in advance. But I hear you on the larger issue. So, Ms. Geragos, is there any issue with that?
MS. GERAGOS: No we can do that. No problem.
THE COURT: So then this will not come up again.
With that, any further issue, Ms. Smyser, on this particular exhibit?
MS. SMYSER: No, your Honor.
THE COURT: Any further issues generally, Ms. Smyser?
MS. SMYSER: No.
THE COURT: From the defense -- one more issue for the government. I guess this is just to make sure that we understand what's happening because now it's come up with a couple of times. We have this exhibit disclosure deadline, and from the government's perspective, as I understood Ms. Comey and the exchange that we had -- I know it's late on Friday. Me too.
MS. COMEY: I'm sorry, your Honor. No correspondence about the case I promise.
THE COURT: I totally understand. It's fine. Just to make sure. You don't need any -- you're not looking for advance disclosure of exhibits that go for impeachment or --
MS. COMEY: Not at all, your Honor. Not at all.
THE COURT: So to the extent -- now that wasn't the ground offered for admission of the happy birthday video.
MS. COMEY: No, your Honor.
THE COURT: Nor, especially given all the other things we looked at, would that have been properly admissible. But I just want to make sure the defense understands that if they think something properly goes to impeachment in whichever way, then that's not subject to the advance disclosure requirement. What is subject to that requirement is anything that would properly fall into the affirmative evidence category, and the best way to really describe that is that it's not going to impeachment.
So I just want to make sure the defense understands because the only thing that's covered here is affirmative evidence that is used to establish points in the defendant's favor that are unrelated to impeachment of the witnesses who are testifying. So I just want to make sure that that point was clear.
MS. GERAGOS: I understand, your Honor. If I could just make something very clear to the Court and government. We have been over-marking things that we would use for refresh or impeachment and giving it over in advance to make sure things are running smoothly, so that proceedings aren't stopped in the middle if we haven't given it over. This was obviously an oversight since we didn't know we were going to use it, and for that we apologize. But I do want the Court to know that we have been by the 7:00 p.m. deadline, or sometimes a little bit later, if we decide we're going to use something later for refresh or impeach, we still give it over anyway. We understand it's not part of the Court's order, but I do want your Honor to understand --
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MS. GERAGOS: P5UMCOM7
THE COURT: I appreciate that.
MS. GERAGOS: It's just easier for them to have it.
MS. COMEY: I can confirm that, your Honor. Ms. Geragos has been working around the clock, I know, and she has given us far more than they end up admitting, and we do appreciate that. And we also understand that the defense will sometimes, after 7 p.m., identify more, and we have not objected generally to things coming in to us after 7, even as late as midnight.
THE COURT: Good.
Ms. Geragos, this is for the defense's benefit. And I think Ms. Comey would agree that if there is a witness and you have a document not produced by the government, the government doesn't even know about it, and you plan to use it for impeachment purposes, Ms. Comey is not asking for that in advance. You can try to offer it into evidence without having previously disclosed it to the government. I'm just making that clear.
When you have something that you're putting in for that purpose, for impeachment, and it hasn't been previously disclosed and there is an objection raised that wasn't previously disclosed, you should be explaining to me why it goes to impeachment and not the defense's affirmative case.
I just want to make sure that the line was clear so there is no confusion on either side.
MS. GERAGOS: I understand. This specific exhibit is the only one that we have encountered thus far that has not been previously disclosed.
THE COURT: I appreciate that.
MS. GERAGOS: The only one with every single witness. I really want to make that clear --
THE COURT: I'm not suggesting that anyone did anything improper. I'm really just trying to make clear -- I just want to make things clear. We have got a lot of weeks ahead. I want to make sure that everything is clear.
MR. AGNIFILO: Can I add something. I think sometimes we are overinclusive. We are trying to give anything for any reason.
I think what I'm seeing today, I think the Court's view of impeachment might be a little bit different than our view of impeachment, and I think what the Court's view of impeachment is is that impeachment is, you confront the witness, as Mr. Steel was starting to do, the witness says something, and then you impeach that immediate testimony.
THE COURT: No.
MR. AGNIFILO: That's the last time --
THE COURT: I think in the context of the happy birthday video, I think that it was not -- I think that it was not relevant and probative to any issue of the case. I don't know that any particular issue comes up with that particular piece of evidence, but I understand that impeachment can be evidence of bias. It can go to undermine credibility of the witness through things like demeanor.
I am just saying that when we had the exchange about the order, it was not suggested by the defense that, well, of course we didn't turn this over. In fact, as a courtesy we gave it to them at 1:07 p.m. because we were just going to use it at 1:08 p.m. as impeachment evidence.
Fair enough, that was not what was said by the defense?
MR. AGNIFILO: I thought it was impeachment. I thought it was impeachment evidence.
THE COURT: I don't have a view into your mind.
MR. AGNIFILO: I thought I said that. Our argument is -- when I said that I think the jury has the right to conclude that at times, I think she didn't do it as much.
Let me just finish the thought.
Yesterday she had an affect that maybe was real --
THE COURT: Put this particular exhibit to the side because, as I started saying, I would have deemed it inadmissible on Rule 403 grounds, in any event, and there is just very little -- that particular exhibit, put it to the side because there are other issues with that particular exhibit.
I want to make sure that you understand, moving forward, that the disclosure requirement, which was grounded in the government's initial objection raised under Rule 16, would not apply to impeachment evidence. So if you have other evidence that goes to impeachment and -- I understand and I really appreciate that the parties are trying to disclose everything in advance so we can work out any evidentiary issues that helps you present your evidence.
But if it happens to be that there is impeachment evidence, then it would fall within the order, and the government isn't even saying that any advanced disclosure is required. I just want to make sure that everyone understands that so that when an issue comes up about disclosure, if the ground for using the exhibit is impeachment, then you will argue that, and we can focus directly on that, and we don't have to get mixed up on when was this disclosed, all the things that we talked about in the middle of the day. But I get what you're saying about the reason why. I understand. I appreciate that.
MR. AGNIFILO: It's a matter of us trying to be courteous and trying to hurry the trial along appropriately so.
But it's also, we don't want to run the risk that we viewed it as impeachment and your Honor might not, and then we end up getting it precluded on that basis.
I know your Honor wants to set the video aside. But I think the video is kind of the heart of this issue. And my interpretation of what happened is, the Court was concerned that we had not made a timely disclosure, and so I think the Court entered --
THE COURT: I was because no one suggested it was for impeachment purposes.
MS. SHAPIRO: That's not true.
MR. AGNIFILO: When I was trying to explain that, I thought it was important to show this witness' true affect and that the affect that this witness had in front of the jury is a false one. That is certainly in the realm of impeachment. So if I didn't say the word impeachment, then that's on me, but I thought that was a self-evident impeaching characteristic. And that's the relevance of it, that she has -- she is looking right at the camera. She is speaking with command. She is speaking clearly. And because this witness has now told the jury, and your Honor struck this part of the testimony, but there is other aspects to it that she is deeply affected, that she has PTSD, which has been struck, this affect, I think, is relevant.
THE COURT: I don't think there is -- look. Again, I would put this exhibit to the side because I think there are independent grounds that it would not have been admissible. I think we went back -- you're saying that you mentioned impeachment. That certainly was not -- you may have brought it up, but that was not -- it was not the discussion that we were having.
But to what you're arguing right now, Ms. Comey, you would agree that to the extent some piece of evidence goes to demeanor, the things that Mr. Agnifilo is talking about, that would be impeachment evidence, right?
MS. COMEY: I think so if that is the only thing that the exhibit went to, and we would obviously potentially have 403 objections. I think there is a world in which there could be an exhibit that the defense may say they are offering for impeachment, and we may disagree with that, and your Honor may have to referee that if they try to get closer to the line.
I think what the defense has been doing reasonably is making the strategic decision that they are going to disclose things, overdisclose at 7 p.m., because strategically they think it makes sense, given that we can't share any of these exhibits with our witnesses, to, in the abundance of caution, share with us anything that they might use, even if potentially just for impeachment in case they also want to use it as substantive evidence. And I think they could also make the strategic decision not to, and we argue and see whether we think it's just for impeachment or not.
In terms of the big-ticket point that your Honor made, yes. If the exhibit is purely for impeachment, we agree we are not entitled to it in advance.
MR. AGNIFILO: Just because I just saw it on the transcript, your Honor, I believe Mr. Steel actually said, I'm using it for impeachment. I think that's going to be in the transcript.
Can I ask -- I know that your Honor has made a ruling on this. Now that we have the weekend, can we write a short letter on this? I know I said at the beginning of the trial I wasn't going to do this more than a few times.
THE COURT: I don't know that you need a letter on this because if you want to have a discussion with the government and they have a chance to actually review this and if you have it all redacted up and everything, you might find there is just no objection, given some adequate time to review it.
Now, at the time this was raised there may have been a thought that Mia would be off the stand by the end of the day, so that was really the only chance that the government had to look at this thing. But if there is additional time, it's 20 seconds, it's a happy birthday video. I excluded it on 403 grounds because it has minimal, if any, probative value here. But the parties should meet and confer and, for the good of the order, maybe the parties come up with a proposal and it could be put in.
This is the kind of thing that I've appreciated the parties have, up to this point, worked together on because there are numerous exhibits that I think, in another universe, the government would have had 403 objections to, and they have not raised those objections because they are focusing on other things at the time. See if there is an objection. We will raise it on Monday. We don't need an additional letter on it.
MR. AGNIFILO: Thank you. Very good.
If we could get the witness list. As soon as the government knows what it is for certainly the early part of next week and all of next week, if we can get it.
THE COURT: Do we know who the next witnesses are?
MS. COMEY: Yes, your Honor.
The next witness is Enrique Santos and then the next witness after that will be Eddy Garcia. I have been informed that Mr. Garcia's counsel has indicated that he will invoke, so we will need to use the same immunity procedures that we used for Mr. Kaplan.
I think I propose that we just do that at 8:55 a.m. on Monday so that we don't have to break between Mr. Santos and Mr. Garcia.
And his counsel has received a copy of the order and has confirmed that the order appears in order. So if your Honor signs it, Mr. Garcia will testify.
THE COURT: Very good.
MS. COMEY: After that we have Sylvia Okun, who is a custodian from a hotel, and then Frank Piazza would be our next witness.
That, together with the rest of the Mia cross, we think will take us through Monday.
We will email, if it's all right with your Honor, the rest of the week's order over the weekend.
THE COURT: Very good.
MS. COMEY: I wanted to flag one other issue.
I saw that during the day the defense applied for a new set of Rule 17(c) subpoenas. We would ask to be heard on those before the Court issues those subpoenas. We expect to oppose them for the same reason we opposed the recent subpoena to Ms. Ventura, based on essentially the same arguments, and we also expect that Ms. Ventura's counsel will want to be heard on that application as well.
THE COURT: All right.
MS. COMEY: Thank you, your Honor.
THE COURT: I'm sorry. I may have missed this. When were you going to respond on the subpoenas?
MS. COMEY: I understand Ms. Ventura's counsel is out of the country, so I don't know when he will. If we could do it by the end of the day Sunday, we'd appreciate that time. Thank you, your Honor.
THE COURT: That will work.
From the defense, anything?
MS. SHAPIRO: Your Honor, just two quick things.
With respect to that, I am not sure why Ms. Ventura's counsel or Ms. Ventura would have standing because that subpoena is not directed -- none of the subpoenas are directed at Ms. Ventura.
THE COURT: The government is going to put in their response by Sunday. We will see where we are at that point.
MS. SHAPIRO: Then we may not need to deal with this now.
I didn't get a chance, I apologize, to talk to Ms. Johnson, but I thought we might need the Court's ruling on the two remaining charts, just because the government had advised us they wanted to introduce some of the underlying materials early next week, and we needed the Court's ruling first so we could resolve any potential objections to the underlying exhibits.
MS. SHAPIRO: I may be wrong about that.
MS. COMEY: Your Honor, the three charts that we are planning to offer I thought we had resolved, and I'll say it for the record. I thought 1402 we are going to revise, consistent with the discussion we had on the record this morning, which I believe we have already begun doing, and then the two financial charts that we discussed this morning, the slides that have the pie charts will be demonstratives only and the slides that have the grids that are more traditional charts will be admissible under 1006.
THE COURT: There is only one column that I remember there was going to be a modification to. There was the name column --
MS. COMEY: Yes. We were going to copy and paste. Thank you for the reminder, your Honor. And I will check the transcript to make sure we do all of this. We were going to copy and paste, essentially, the entry in the credit card bill so that we weren't characterizing the language from the financial documents.
THE COURT: Ms. Shapiro.
MS. SHAPIRO: I'm sorry, your Honor. I was actually referring to two other draft exhibits, 1408 and 1409. Could I just speak to Ms. Johnson briefly?
THE COURT: Are those going to be admitted on Monday?
MS. COMEY: No, your Honor, and not on Tuesday either.
THE COURT: Why don't we pick it up at the beginning of the day Monday. That will give you a chance to speak with Ms. Johnson.
MS. SHAPIRO: That's fine, your Honor. Thank you very much.
THE COURT: Anything further from the defense?
MR. AGNIFILO: Nothing.
Mr. Combs got some sort of confirmation that, at least as far as the MDC is concerned, he is out of minutes. When he picks the phone up and he puts his inmate code in, he is told he is out of minutes.
What we will do, and I think we can do it before 5:00, we can call the head of the legal department in the MDC.
I guess I'm looking for guidance from the Court in this regard. If we hit ground on the minutes issue, I don't know -- and the Court --
THE COURT: Say who you're speaking with. You are speaking with Ms. Papapetru?
MR. AGNIFILO: The omnipotent Sophia Papapetru. We are going to speak with Sophia. We will give the Court an update.
What I'm not clear on, do we -- if we figure out that in fact he's out of minutes, is the Court in a position to do something about it so that we would tell you that, confirm that for you, and then some action could be taken?
THE COURT: I am in the position to order relief if relief is warranted. Obviously, what I'm trying to do is try to effectuate the relief you need, talking to the folks at the BOP and to the marshals and to everyone else, because that makes it go so much easier. Let's see if this works. If it doesn't, you will come back to me, I know you will, and we will figure it out.
MR. AGNIFILO: Thank you, Judge. Thanks so much.
THE COURT: Thank you very much. Thanks to everyone. We will see everyone here at 8:30 on Monday.
(Adjourned to June 2, 2025, at 8:30 a.m.)