DIRECT EXAMINATION BY MS. STEINER:
MS. STEINER: Good morning, Mr. Garcia.
EDDY GARCIA: Good morning.
MS. STEINER: How old are you?
EDDY GARCIA: I'm 33.
MS. STEINER: Are you employed?
EDDY GARCIA: Yes.
MS. STEINER: What do you do?
EDDY GARCIA: Private security.
MS. STEINER: Approximately how long have you worked in private security?
EDDY GARCIA: About 13 years.
MS. STEINER: Directing your attention to March of 2016, who was your employer at that time?
EDDY GARCIA: Securitas.
MS. STEINER: What, generally, is Securitas?
EDDY GARCIA: Security company.
MS. STEINER: During what time period did you work for Securitas?
EDDY GARCIA: From 2011 to late March, May of 2025.
MS. STEINER: Were you working for Securitas in March of 2016?
EDDY GARCIA: Yes.
MS. STEINER: And where were you assigned to work in March of 2016?
EDDY GARCIA: I was assigned at the Intercontinental Hotel.
MS. STEINER: Is that in Los Angeles?
EDDY GARCIA: Yes.
MS. STEINER: Ms. Gavin, if you could please put up what's in evidence as Government Exhibit 2B-124.
MS. STEINER: Mr. Garcia, what is this?
EDDY GARCIA: That is the Intercontinental Hotel.
MS. STEINER: Is that where you were working in March of 2016?
EDDY GARCIA: Yes.
MS. STEINER: We can take that down.
MS. STEINER: In 2016, what was your position for Securitas?
EDDY GARCIA: I was a security officer.
MS. STEINER: And what were your responsibilities as a security officer?
EDDY GARCIA: My responsibilities included watching the cameras, patrolling the hotel.
MS. STEINER: I want to direct your attention to March 5th of 2016. Were you working at the Intercontinental on that day?
EDDY GARCIA: Yes.
MS. STEINER: What happened during your shift on March 5th of 2016?
EDDY GARCIA: I arrived for swing shift and I was notified that there had been an incident.
MS. STEINER: What had you been notified specifically?
EDDY GARCIA: I was told that there was a domestic dispute earlier that day.
MS. STEINER: Did you come to learn who was involved in the domestic dispute?
EDDY GARCIA: Yes.
MS. STEINER: Who was that?
EDDY GARCIA: Sean Combs.
MS. STEINER: And sitting here today, Mr. Garcia, do you see Mr. Combs in the courtroom?
EDDY GARCIA: Yes.
MS. STEINER: And can you please identify him by an article of clothing that he is wearing?
MR. STEEL: Your Honor, we'll stipulate Mr. Garcia can identify Mr. Combs.
THE COURT: So stipulated. Ms. Steiner, you may proceed.
MS. STEINER: Thank you.
MS. STEINER: Mr. Garcia, did you receive a subpoena requiring you to testify at this trial?
EDDY GARCIA: Yes.
MS. STEINER: And is there also an order compelling you to testify, even if your testimony might incriminate you?
EDDY GARCIA: Yes.
MS. STEINER: And what is your understanding of what that order requires you to do?
MR. STEEL: Objection.
THE COURT: Overruled.
EDDY GARCIA: It requires me to be truthful.
MS. STEINER: And if you do that and if you are truthful, what is your understanding of the protections that this order gives you?
MR. STEEL: Same objection.
THE COURT: Overruled.
EDDY GARCIA: As long as I am truthful, I can't be prosecuted for my testimony.
MS. STEINER: Does this order protect you from prosecution for any crimes you're not testifying about here today?
EDDY GARCIA: No.
MS. STEINER: Does this order protect you if you lie today?
EDDY GARCIA: No.
MS. STEINER: In other words, could you still be prosecuted for perjury if you lie?
MR. STEEL: Objection.
THE COURT: It's overruled.
EDDY GARCIA: Yes.
MS. STEINER: In March of 2016, about how long had you been working as a security officer at the Intercontinental Hotel?
EDDY GARCIA: For a few months.
MS. STEINER: And approximately how old were you at that time?
EDDY GARCIA: I was 24.
MS. STEINER: At that time, who were your immediate supervisors?
EDDY GARCIA: The director of security was Bill Medrano, and the assistant director was Israel Florez.
MS. STEINER: What, generally, was your understanding of Mr. Medrano's duties as the director of security?
EDDY GARCIA: He was in charge of the security team and letting us know what the hotel policies and how we should go about them.
MS. STEINER: What was your understanding of Mr. Florez's duties as the assistant director of security?
EDDY GARCIA: He assisted Bill Medrano on anything that needed to be done with the officers.
MS. STEINER: Mr. Garcia, do you have a personal relationship with Mr. Florez?
EDDY GARCIA: Yes.
MS. STEINER: What's the nature of your relationship?
EDDY GARCIA: Friendship.
(Continued on next page)
BY MS. STEINER:
MS. STEINER: Do you still work together?
EDDY GARCIA: No.
MS. STEINER: When's the last time that you saw Mr. Florez socially?
EDDY GARCIA: A couple weeks ago.
MS. STEINER: Are you aware of whether Mr. Florez is testifying at this trial?
EDDY GARCIA: I was aware he was testifying.
MS. STEINER: How are you aware?
EDDY GARCIA: I saw a TikTok video that stated he testified.
MS. STEINER: You saw something somebody had posted about the fact that Mr. Florez had testified?
MR. STEEL: Objection.
EDDY GARCIA: Yes.
THE COURT: Overruled.
BY MS. STEINER:
MS. STEINER: Did seeing that online affect -- will seeing that online affect your testimony here today in any way?
EDDY GARCIA: No.
MS. STEINER: Did you ever on any occasion discuss any of the substance of your testimony here today with Mr. Florez?
EDDY GARCIA: No.
MS. STEINER: And did Mr. Florez ever on any occasion discuss any substance of anything he may testify about with you?
EDDY GARCIA: No.
MS. STEINER: Turning back to March 5 of 2016, what was your shift on that day? I believe you said it was a swing shift.
EDDY GARCIA: Yes, that would be a 2 p.m. to 10 p.m. shift.
MS. STEINER: Ms. Gavin, can we please bring up for the parties, witness and the Court only what has been marked for identification as Government Exhibit 8E-104.
MS. STEINER: Mr. Garcia, do you recognize this?
EDDY GARCIA: Yes.
MS. STEINER: Generally, what is it?
EDDY GARCIA: It's an employee sign-in sheet.
MS. STEINER: And did you -- well, for what week is this employee sign-in sheet?
EDDY GARCIA: For the week ending in March 10, 2016.
MS. STEINER: And did you sign this employee sign-in sheet?
EDDY GARCIA: Yes.
MS. STEINER: Did you enter information on this sheet at or near the time of your employment that week?
EDDY GARCIA: Yes.
MS. STEINER: And did you complete the sign-in sheet, like these, in the course of your duties as a security officer at the InterContinental Hotel?
EDDY GARCIA: Yes.
MS. STEINER: And was entering your hours and time sheets like these a regular practice while you were a security officer at the InterContinental?
EDDY GARCIA: Yes.
MS. STEINER: The government now offers Government Exhibit 8E-104.
MR. STEEL: No opposition.
THE COURT: 8E-104 will be admitted.
(Government Exhibit 8E-104 received in evidence)
MS. STEINER: Ms. Gavin, if we could please publish that for the jury, page 1.
MS. STEINER: Mr. Garcia, can you please explain to the jury generally what this document shows?
EDDY GARCIA: It's shows the post, the address, the officers, and their times in and out of work.
MS. STEINER: And is this a time sheet of that work?
EDDY GARCIA: Yes.
MS. STEINER: I want to direct your attention to the top right-hand corner. You mentioned the post. Can you please read what the post is here?
EDDY GARCIA: InterContinental Hotel.
MS. STEINER: This is the sign-in sheet for security officers at the InterContinental Hotel?
EDDY GARCIA: Correct.
MS. STEINER: And looking at the top middle of the page for week ending date, can you please read the week ending date?
EDDY GARCIA: Yes. March 10, 2016.
MS. STEINER: And looking at the first column on the left-hand side, what's included under employee name?
EDDY GARCIA: The officer signature.
MS. STEINER: Is that also names of officers that were on duty?
EDDY GARCIA: Correct.
MS. STEINER: And looking at the remainder of the columns to the right of that, what's included under each date?
EDDY GARCIA: The time in and time out.
MS. STEINER: And is this the dates for that full workweek?
EDDY GARCIA: Yes.
MS. STEINER: OK. Do you see where your name has been highlighted on this page?
EDDY GARCIA: Yes.
MS. STEINER: Can you please read, looking at the second column, when you signed in and out on March 5 of 2016?
EDDY GARCIA: Yes. Signed in at 1400 and signed out at 2200.
MS. STEINER: And did you sign under your name to indicate that?
EDDY GARCIA: Yes.
MS. STEINER: And if we could turn to page 3, Ms. Gavin. And if we could highlight Mr. Garcia's name, please.
MS. STEINER: What generally is reflected on this page, Mr. Garcia?
EDDY GARCIA: My name.
MS. STEINER: And what hours are indicated?
EDDY GARCIA: 2200 to 0000 and 0000 to 1:30.
MS. STEINER: And what are those hours for this -- first of all, are these hours for March 5 of 2016?
EDDY GARCIA: Yes.
MS. STEINER: From that shift?
EDDY GARCIA: Correct.
MS. STEINER: And what do these additional hours indicate?
EDDY GARCIA: It's -- it meant I stayed past 10 p.m. I worked until 1:30 a.m. that morning.
MS. STEINER: Was this overtime that you worked?
EDDY GARCIA: Yes.
MS. STEINER: If we could turn back, Ms. Gavin, to page 1.
MS. STEINER: Mr. Garcia, who worked the shift before you on March 5 of 2016?
EDDY GARCIA: Israel Florez and Henry Elias.
MS. STEINER: And do you see Mr. Florez's name that's been highlighted?
EDDY GARCIA: Yes.
MS. STEINER: Is that the assistant director you testified about earlier?
EDDY GARCIA: Correct.
MS. STEINER: What shift did Mr. Florez work on March 5 of 2016?
EDDY GARCIA: He signed in for 6 a.m. to 2 p.m.
MS. STEINER: And do you see the name Henry Elias that's been highlighted above it?
EDDY GARCIA: Yes.
MS. STEINER: What shift did Mr. Elias work on March 5 of 2016?
EDDY GARCIA: He worked from 7 a.m. to 3 p.m.
MS. STEINER: We can take this down.
MS. STEINER: Mr. Garcia, when you arrived at work, you testified that you were informed about an incident. Who did you receive that information from?
EDDY GARCIA: It would have been from the previous officers, either Israel Florez, Henry Elias or both.
MS. STEINER: And during -- well, what specifically were you informed when you had this discussion with either Mr. Elias or Mr. Florez?
MR. STEEL: Objection.
THE COURT: That's overruled.
EDDY GARCIA: As mentioned, I was informed of the incident, and I was showed a video.
MS. STEINER: And is that surveillance footage?
EDDY GARCIA: Correct.
MS. STEINER: And I just want to ask you a few questions about surveillance footage generally at the InterContinental Hotel at that time. Were you aware of where cameras were generally located at the hotel?
EDDY GARCIA: Yes.
MS. STEINER: And where were they located generally?
EDDY GARCIA: All the egress points, all the areas that has high foot traffic.
MS. STEINER: Were they also located on the floors where individuals would stay as guests?
EDDY GARCIA: Yes. They were located on every elevator landing and parts of the hallway.
MS. STEINER: And as a security officer, could you monitor these cameras?
EDDY GARCIA: Yes.
MS. STEINER: Where were you able to monitor them?
EDDY GARCIA: From the security base.
MS. STEINER: Could you monitor all of the cameras at once?
EDDY GARCIA: There's a lot of cameras, so we can't look at them all at once.
MS. STEINER: About how many could you look at at a time?
EDDY GARCIA: Depending what's up on the screen, if I'm looking at something specifically or if I have -- depending on the layout that's put up on the screen.
MS. STEINER: Could you observe more than one camera at once?
EDDY GARCIA: Yes.
MS. STEINER: OK. Now, when an incident was reported, such as this one, at a particular location in the hotel, as a security officer, would you be required to check the monitors?
EDDY GARCIA: Yes. If we knew there was an incident at a specific location, we would bring up the cameras for that location.
MS. STEINER: When you say you would bring up the cameras for that location, what specifically would you be observing on the monitor screen?
EDDY GARCIA: Any cameras that are in that general area.
MS. STEINER: If you have an incident that starts at one location but you can observe on a monitor screen is moving to another, nearby location, what would you do?
EDDY GARCIA: You pull up the area where they're moving to.
MS. STEINER: And why is that?
EDDY GARCIA: If you're monitoring an incident or following an incident, you want to follow that individual or that situation wherever it's moving to.
MS. STEINER: And would you bring up both the original camera and the camera to which the individual moves to at the same time?
EDDY GARCIA: Yeah, that's possible.
MS. STEINER: And would you monitor them at the same time?
EDDY GARCIA: Yes.
MS. STEINER: Ms. Gavin, can you please put up what has been marked as Government Exhibit 10C-103. And if we could put it up at 20 seconds. Perfect.
MS. STEINER: Mr. Garcia, have you reviewed this video in preparing to testify today?
EDDY GARCIA: Yes.
MS. STEINER: And does this video accurately depict the surveillance footage that you observed when you arrived for your shift on March 5 of 2016?
EDDY GARCIA: Yes.
MS. STEINER: And directing your attention to the top left-hand corner, can you read the date on this video?
EDDY GARCIA: March 5, 2016.
MS. STEINER: Ms. Gavin, if we could please play from 20 seconds to 36 seconds.
(Media played)
MS. STEINER: And if we could play just a few more seconds, actually.
(Media played)
BY MS. STEINER:
MS. STEINER: When you watched this video, Mr. Garcia, did you initially recognize the individuals in the video?
EDDY GARCIA: Not initially.
MS. STEINER: Did you later recognize who the male individual was?
EDDY GARCIA: Yes. After watching it and taking a closer look again, I was able to recognize Mr. Combs.
MS. STEINER: And did you come to learn who the other individual in this video was?
EDDY GARCIA: Yes. I learned that that was Cassie Ventura.
MS. STEINER: And how did you learn that?
EDDY GARCIA: I was notified that it was his girlfriend, and his girlfriend at the time was Cassie Ventura.
MS. STEINER: We can take this down.
MS. STEINER: Mr. Garcia, did you learn when you arrived for your shift that day whether law enforcement had been contacted following this incident?
EDDY GARCIA: From my understanding of the incident when I arrived, no, they had not been contacted.
MS. STEINER: Why is that?
MR. STEEL: Objection.
THE COURT: Hold on. If you could rephrase the question to make it a little bit clearer.
MS. STEINER: Yes, your Honor.
MS. STEINER: Did you have an understanding of why law enforcement was not contacted after this incident?
MR. STEEL: Same objection, your Honor.
THE COURT: You're just asking for a yes or no there?
MS. STEINER: Yes.
THE COURT: All right. That's overruled. You can answer.
EDDY GARCIA: Yes.
MS. STEINER: And what was that understanding based on?
MR. STEEL: Objection.
THE COURT: Overruled.
EDDY GARCIA: I was told that Ms. Ventura did not request the presence of police or medical attention.
MS. STEINER: Mr. Garcia, did you review an incident report about the incident that you've just described when you arrived at the hotel on March 5 of 2016?
EDDY GARCIA: Yes.
MS. STEINER: Can you remind the jury what an incident report is?
EDDY GARCIA: Incident report is a, a factual report of who, what, when and where of the event that transpired.
MS. STEINER: Why did you review the incident report for this incident when you arrived for your shift?
EDDY GARCIA: It was a common practice. Whoever was writing the incident report, they would always run it through somebody to read just to see if it sounded right or if there are any grammatical or any errors that could be corrected.
MS. STEINER: And did Mr. Florez run this report by you?
EDDY GARCIA: Yes.
MS. STEINER: Ms. Gavin, could you please put up what's in evidence as Government Exhibit 7R-141.
MS. STEINER: Mr. Garcia, is this the incident report that you reviewed on March 5 of 2016?
EDDY GARCIA: Yes.
MS. STEINER: And again, when did you review it?
EDDY GARCIA: That day.
MS. STEINER: Where did you review it?
EDDY GARCIA: In the office.
MS. STEINER: Was anything saved along with this incident report?
EDDY GARCIA: Yes. Incident report is saved along with videos or photos pertaining to the incident.
MS. STEINER: And so what do you recall being saved with this document?
EDDY GARCIA: There were attachments. I didn't open the attachments from the computer, but it was a video file that was in that report -- that was in that file.
MS. STEINER: And where was this incident report and video file accompanying it saved?
EDDY GARCIA: On the computer.
MS. STEINER: We can take this down.
MS. STEINER: Mr. Garcia, did you receive a call during your shift on March 5 of 2016?
EDDY GARCIA: Yes.
MS. STEINER: Approximately when during your shift were you first contacted?
EDDY GARCIA: About an hour, hour and a half after my shift had started.
MS. STEINER: How were you contacted?
EDDY GARCIA: Via phone to the security desk.
MS. STEINER: Do you recall the phone number that contacted the security desk?
EDDY GARCIA: Not in its entirety. I recall the area code.
MS. STEINER: And what do you recall about the area code?
EDDY GARCIA: After -- one, it wasn't a -- didn't look like a local area code. And I answered the call, but after the call, I googled the area code and it was a New York area code.
MS. STEINER: How did the caller introduce themselves?
EDDY GARCIA: The caller introduced themselves as a personal assistant to Mr. Combs, followed by her name, Kristina Khorram.
MS. STEINER: Did you provide your name to Kristina Khorram?
EDDY GARCIA: Yes. When I answered I answered with InterContinental Hotel. This is Eddy speaking.
MS. STEINER: What, if anything, did she Kristina you during this call?
EDDY GARCIA: She asked if I was familiar about an incident that occurred earlier that day.
MS. STEINER: How did you respond?
EDDY GARCIA: I said yes.
MS. STEINER: What, if anything, did she request?
EDDY GARCIA: She said if there was any possible way to get a copy of the video or see the video.
MS. STEINER: Did she say why she wanted to see the video?
EDDY GARCIA: Yes. She stated that Mr. Combs had been intoxicated and didn't remember exactly --
MR. STEEL: Objection, your Honor.
THE COURT: Hold on. A. -- exactly what --
THE COURT: Hold on. Hold on. That's sustained. Ms. Steiner.
MS. STEINER: Your Honor, could we have a brief sidebar on this issue?
THE COURT: Yes.
MS. STEINER: Thank you.
(Continued on next page)
(At sidebar)
THE COURT: Counsel. First, explain the objection.
MR. STEEL: Objection is hearsay, your Honor.
THE COURT: Hearsay? OK. Response.
MS. STEINER: Your Honor, there's two bases for the admission to enter these from Ms. Khorram. There's going to be, I expect, this call but also a series of calls from Ms. Khorram, and each time she makes a call to Mr. Garcia, she introduces herself as being his personal assistant and implying that she's acting at Mr. Combs's direction. So under 801(d)(2)(D), she's clearly acting in the scope of her employment, and as part of her employment, she is engaging in this activity with Mr. Garcia. In addition, as is going to become clear through his testimony, Ms. Khorram is present when Mr. Garcia receives a bribe from Mr. Combs, and therefore, this would also fall under the co-conspirator statement. She's acting in furtherance of the conspiracy, and so under 801(d)(2)(E), it would also come in.
THE COURT: OK. Response.
MR. STEEL: I do not believe that this furthers any conspiracy. There's no law enforcement involved whatsoever. It is simply buying a video so it doesn't go into the public domain, not the law enforcement domain.
THE COURT: Sure, but I think that Ms. Steiner's point is that whether it's benign or not, it gets in because either it would be a statement of Mr. Combs's agent within the scope of her responsibility, saying that they were just looking for a video, but that was what she was asked to do. And if not, if they were actually trying to illegally bribe the witness, then that would fall under the co-conspirator exception.
MR. STEEL: I don't believe that there's any type of furtherance of the conspiracy, so that was one. And then as far as the agency, I believe that it's been taken too far. If you want to say which statements Mr. Combs made, I will not probably have any objection, but I believe that they need to put up the witness and not get it through this person under agency theory.
THE COURT: All right. I think that --
MS. STEINER: Your Honor, of course --
THE COURT: -- proffer of what you expect the witness to say.
MS. STEINER: Yes, your Honor. So I expect Mr. Garcia will say that Ms. Khorram told him, at least in this call, that she wants to see the video. Ms. Khorram then comes to the hotel, has another session with Mr. Garcia, says, you know, again, I represent Mr. Combs, I would like to see the video. He says I can't show you the video. There's a subsequent call in which Ms. Khorram gets on the line and actually puts Mr. Combs on the line. So she's facilitating calls with Mr. Combs. That's the nature of her discussions with him.
THE COURT: Can you narrow the questioning to focus on -- what I understand what you're trying to get in is Ms. Khorram's requests or instructions, whatever they are, and I think one concern that the defense might have is that if it's broadened to just what did she say, then he could relate things that aren't, technically speaking, part of the request that would be within the scope of her relationship -- for instance, that Mr. Combs was intoxicated, things like that. But I think if you narrowed the questioning, you could get what you want, which is just that Ms. Khorram made the request on Mr. Combs's behalf.
MS. SMYSER: With respect to the fact that he was intoxicated, we have communications between Ms. Khorram and other employees saying that they're going to try and get additional information from the hotel by claiming that Mr. Combs was intoxicated, implying that he was not. This was a way that they were trying to get additional information from the hotel, and that is reflected on the text message --
THE COURT: These are messages that are going to come into evidence?
MS. SMYSER: Yes, your Honor.
THE COURT: All right. OK. The objection is overruled.
MR. STEEL: Your Honor, can I add one more thing?
THE COURT: Yes.
MR. STEEL: Also, at some point 403, because we're not objecting at all to the fact that Mr. Combs -- called a bribe by the government, we don't call it a bribe, but paid money for this video to go into his hands and be erased from the computers, all of this other evidence is just respectfully a waste of time. It's just adding just the same sequence with more, multiple phone calls to get to the same place -- that this gentleman can say he was paid money -- I think $50,000. He split it with coworkers. Mr. Combs paid him the money directly. I would like to get there. That's my --
THE COURT: I understand.
MS. SMYSER: If I can respond to that, your Honor? California bribery is a predicate of the racketeering offense in Count One. We have to establish that this is not just Mr. Combs but there's also other individuals involved, and as defense just noted, they are contesting that this was a bribery. So these details about how this transaction went down are highly relevant and probative to the government's case.
THE COURT: Understood.
MS. SHAPIRO: Your Honor, can I just add --
THE COURT: And on the wasting time --
MS. STEINER: Yes, I will. Understood.
THE COURT: Very good.
MS. STEINER: Thank you, your Honor.
THE COURT: All right. Thank you.
(Continued on next page)
(In open court)
THE COURT: Ms. Steiner, you may proceed.
MS. SMYSER: Thank you, your Honor.
MS. STEINER: Mr. Garcia, what, if anything, did you tell Ms. Khorram when she asked to see the video on this call?
EDDY GARCIA: I told her that she would have to reach out to hotel management or get a subpoena.
MS. STEINER: When did you next encounter Ms. Khorram?
EDDY GARCIA: Later that day.
MS. STEINER: Approximately how long after that call?
EDDY GARCIA: About an hour, hour and a half after.
MS. STEINER: And what happened at that time?
EDDY GARCIA: I received a call from hotel operator that there was someone looking for me in the lobby.
MS. STEINER: What did you do next?
EDDY GARCIA: I walked out to the lobby.
MS. STEINER: Who was in the lobby?
EDDY GARCIA: It was a woman. She introduced herself as Kristina Khorram.
MS. STEINER: Did Ms. Khorram indicate why she was there?
EDDY GARCIA: Yes. She was asking about --
MR. STEEL: Your Honor, objection.
THE COURT: That's overruled.
MS. STEINER: Mr. Garcia, if there's an objection, just wait and let the judge rule, and you can continue. Thank you.
EDDY GARCIA: OK.
BY MS. STEINER:
MS. STEINER: You can continue.
EDDY GARCIA: Yeah. She was, again, asking about the video and if there was any way she could see it.
MS. STEINER: Can you describe her general appearance?
EDDY GARCIA: Female Caucasian. I would say about five eight, five nine, mid-20s to probably mid to late 30s.
MS. STEINER: Did Ms. Khorram indicate why she wanted to see the video at that time?
EDDY GARCIA: Yes. She said that she was -- they were unaware of -- her and Mr. Combs of what exactly was on the video and didn't recall exactly what happened. And she wanted to know what they were dealing with.
MS. STEINER: How did you respond?
EDDY GARCIA: I apologized and said I was sorry but I couldn't show her the video and that she could talk to hotel management or follow up with a subpoena.
MS. STEINER: Did you tell her anything about what you had observed on the video?
EDDY GARCIA: Yes. I did mention to her that, said off the record, it's bad.
MS. STEINER: Where did you go after the lobby?
EDDY GARCIA: I went back to the security desk.
MS. STEINER: And did you receive any additional calls at the security desk that day?
EDDY GARCIA: Yes. Later that evening.
MS. STEINER: How were you contacted?
EDDY GARCIA: Again, to the security desk phone.
MS. STEINER: Do you recall the number that contacted you on the security desk phone?
EDDY GARCIA: Not in its entirety. I always just -- I remember the New York, New York area code.
MS. STEINER: Who was on the line?
EDDY GARCIA: It was Ms. Kristina Khorram.
MS. STEINER: And what did Ms. Khorram say when she got on the line?
EDDY GARCIA: She said someone wanted to speak with me.
MS. STEINER: Did someone else come on the phone?
EDDY GARCIA: Yes.
MS. STEINER: And who was that?
EDDY GARCIA: Mr. Combs.
MS. STEINER: How did Mr. Combs introduce himself to you on this call?
EDDY GARCIA: He asked me if I knew who he was.
MS. STEINER: How did you respond?
EDDY GARCIA: I said yes.
MS. STEINER: And how did you know who Mr. Combs was on the call?
EDDY GARCIA: I recognized his voice.
MS. STEINER: How did you recognize his voice?
EDDY GARCIA: He's a public figure. He's -- I heard his voice a lot throughout the years, so I recognized his voice.
MS. STEINER: What did Mr. Combs tell you on this call?
EDDY GARCIA: Mr. Combs sounded very nervous, just was talking really fast but was just saying that he had a little too much to drink and that, you know, I knew how things was, you know, with women; one thing led to another and if this got out it could ruin him.
MS. STEINER: What, if anything, did he ask for you to do?
EDDY GARCIA: He asked if, if I could provide the video.
MS. STEINER: How did you respond?
EDDY GARCIA: Again, I apologized and told him I wish I could help; it's just I couldn't help; he would have to reach out to hotel management or get a subpoena.
MS. STEINER: You testified that Mr. Combs sounded nervous on this call, is that correct?
EDDY GARCIA: Yes.
MS. STEINER: Can you describe his tone on the call?
EDDY GARCIA: Again --
MR. STEEL: Objection.
THE COURT: That's overruled. A. Again, he was talking really fast. A lot of stuttering. Just from my perception, he sounded very nervous.
MS. STEINER: Later on March 5 of 2016, did you inform anyone about your discussion with Mr. Combs?
EDDY GARCIA: I sent out an email to the general manager and the director, Bill Medrano.
MS. STEINER: The director of security?
EDDY GARCIA: Correct.
MS. STEINER: Why did you send out an email to the hotel's general manager and the head of security?
EDDY GARCIA: At that point I had already received a few calls, and being the nature of the celebrity status I wanted to send them an email to let them know exactly what was going an.
MS. STEINER: Approximately when did you send this email?
EDDY GARCIA: About -- that night, about -- past 10 p.m.
MS. STEINER: Was it before the end of your shift?
EDDY GARCIA: Yes.
MS. STEINER: Mr. Garcia, as part of your regular duties for Securitas as a security officer, were you required to inform your supervisors of security issues at the hotel?
EDDY GARCIA: Yes.
MS. STEINER: What types of issues?
EDDY GARCIA: Any incidents, safety concerns or anything just that may affect the hotel.
MS. STEINER: And typically, how would you provide that information?
EDDY GARCIA: Via email.
MS. STEINER: And what information were you required to include in your emails?
EDDY GARCIA: As much as factual information as possible, who, what, when, where.
MS. STEINER: Ms. Gavin, can we please bring up for the parties, the Court and the witness what has been marked for identification as Government Exhibit 7R-149.
MS. STEINER: Mr. Garcia, do you recognize this document?
EDDY GARCIA: Yes.
MS. STEINER: What is it?
EDDY GARCIA: It is the email I sent that night.
MS. STEINER: Did you draft this email at or near the time of your calls with Mr. Combs and Ms. Khorram?
EDDY GARCIA: Yes. I drafted it that night.
MS. STEINER: And did you draft and send emails like this in the course of your duties as a security officer at the InterContinental Hotel?
EDDY GARCIA: Yes.
MS. STEINER: Was drafting and sending emails like this a regular practice when you were a security officer?
EDDY GARCIA: Yes.
MS. STEINER: The government offers Government Exhibit 7R-149.
MR. STEEL: Objection.
THE COURT: On what basis?
MR. STEEL: He testified to it (inaudible).
THE COURT: That is overruled. 7R-149 will be admitted.
(Government Exhibit 7R-149 received in evidence)
MS. SMYSER: Ms. Gavin, would you please publish that for the jury.
MS. STEINER: Mr. Garcia, who sent this email?
EDDY GARCIA: I did.
MS. STEINER: And from what email account?
EDDY GARCIA: Security had a general security account that we all used.
MS. STEINER: And is that the L.A. security email at the top of this page?
EDDY GARCIA: Yes.
MS. STEINER: What was the email account that you sent this email to?
EDDY GARCIA: The person it was going to was the general manager, Steve Choe, and cc was the director of security, Bill Medrano.
MS. STEINER: Can you please read the subject line of this email?
EDDY GARCIA: Sean Combs, room 602.
MS. STEINER: Can you please read the date of this email?
EDDY GARCIA: March 5, 2016.
MS. STEINER: And can you please read the first paragraph?
EDDY GARCIA: "Mr. Sean Combs, a/k/a P. Diddy, who was staying in room 602, requests to have a sit-down meeting with you with in regards to an incident that occurred with the woman guest of his and himself earlier today. Mr. Combs mentioned that his lawyer had notified him that there was a thumb drive and a video of the incident, and he was really concerned. I notified Mr. Combs that we take all of our guests' privacy really serious and did not leak videos of him. Mr. Combs mentioned he is a patron of the hotel and would like to speak to you and talk about the incident. He provided his assistant's information."
MS. STEINER: Can you please read that information?
EDDY GARCIA: Ms. Kristina Khorram, followed by her phone number.
MS. STEINER: And this phone number ending in 2886, is that the phone number that had contacted you at the security office earlier that day?
EDDY GARCIA: Yes, that was the phone number that was in the caller ID and had been contacting me.
MS. STEINER: We can take this down.
MS. STEINER: Mr. Garcia, you testified that you received calls from Ms. Khorram and Mr. Combs in your office. Did you receive any additional calls from Ms. Khorram or Mr. Combs after you left the office on March 5?
EDDY GARCIA: Yes.
MS. STEINER: Do you recall how many times you were contacted by them in total?
EDDY GARCIA: I would not have a number.
MS. STEINER: Do a few calls stand out in your mind?
EDDY GARCIA: Yes.
MS. STEINER: Each time you were contacted, who would initially be on the phone?
EDDY GARCIA: It would always, it would always be Kristina.
MS. STEINER: Did she introduce herself when she would get on the line?
EDDY GARCIA: Yeah, typically she would say: Hey, this is Kristina.
MS. STEINER: And would she provide a title to you?
EDDY GARCIA: Yes. Mr. Combs's personal assistant.
MS. STEINER: Where were you located when you next received a call from Ms. Khorram?
EDDY GARCIA: I was at home.
MS. STEINER: How were you contacted?
EDDY GARCIA: Via cell phone.
MS. STEINER: Your personal phone number?
EDDY GARCIA: Yes.
MS. STEINER: And do you recall the first digits of that personal phone number?
EDDY GARCIA: Of mine?
MS. STEINER: Yes.
EDDY GARCIA: It was a 323 area code, and I recall it started with 246.
MS. STEINER: Had you provided your personal phone number to either Ms. Khorram or Mr. Combs?
EDDY GARCIA: No.
MS. STEINER: How did you react when you were contacted on your personal number by Ms. Khorram?
MR. STEEL: Objection.
THE COURT: Hold on for just a second. That's overruled.
BY MS. STEINER:
MS. STEINER: You can answer.
EDDY GARCIA: Nervous.
MS. STEINER: Why were you nervous?
EDDY GARCIA: Nervous, scared, that I was getting calls to my cell phone.
MS. STEINER: Who was on the line when you answered the phone?
EDDY GARCIA: Kristina.
MS. STEINER: And what did Kristina say at that time?
EDDY GARCIA: Again, she introduced herself and she passed the phone over --
MR. STEEL: Objection.
THE COURT: That's overruled. A. -- to Mr. Combs.
MS. STEINER: Who came on the line after Kristina?
EDDY GARCIA: Mr. Combs.
MS. STEINER: Did you recognize his voice?
EDDY GARCIA: Yes.
MS. STEINER: What did Mr. Combs tell you during this call?
EDDY GARCIA: He stated that, that I sounded like a good guy, that I sounded like I wanted to help and that something like this can -- can ruin him. And again, he kept repeating that I sounded like a good guy and he believed I could help.
MS. STEINER: How did he want you to help him?
EDDY GARCIA: With video, with the video footage.
MS. STEINER: With getting a copy of the video?
EDDY GARCIA: Correct.
MS. STEINER: And what, if any, concerns did Mr. Combs express to you during this call?
EDDY GARCIA: Again, he was concerned that this video would get out and that it would ruin his career.
MS. STEINER: How did you respond to Mr. Combs when he said this video could ruin his career?
EDDY GARCIA: I apologized and told him I was only a security officer and that I didn't have access to that.
MS. STEINER: Didn't have access to what, Mr. Garcia?
EDDY GARCIA: To provide him with the video.
MS. STEINER: And why did you not have access to provide the video?
EDDY GARCIA: One, it's against policy, and two, I was just a guard; I didn't have enough credentials to get to the server room or remove the video.
MS. STEINER: Was the video on the server?
EDDY GARCIA: Yeah. The original would be on the server.
MS. STEINER: Were you aware if anyone else from Securitas did have access to the server?
EDDY GARCIA: Yes.
MS. STEINER: Who was that?
EDDY GARCIA: Bill Medrano.
MS. STEINER: How did Mr. Combs respond when you said you did not have access to the server?
EDDY GARCIA: He -- he again stated that, that I sounded like I wanted to help and he believed I could make it happen.
MS. STEINER: And what, if anything, did Mr. Combs offer you at that time?
EDDY GARCIA: He would -- he said he would take care of me.
MS. STEINER: Based on this discussion, did you have an understanding of what Mr. Combs was offering you?
EDDY GARCIA: I understood it to mean financially.
MS. STEINER: And if you said financially, what would the money be for?
EDDY GARCIA: For the video.
MS. STEINER: After your call with Mr. Combs and Kristina, what did you do next?
EDDY GARCIA: Went to work.
MS. STEINER: And who, if anyone, did you contact at work?
EDDY GARCIA: While I was at work, I gave Bill Medrano a call.
MS. STEINER: Why did you reach out to Bill Medrano?
EDDY GARCIA: To just notify him of everything that was going on.
MS. STEINER: And again, was he your direct supervisor at that time?
EDDY GARCIA: Yes.
MS. STEINER: What specifically do you recall informing Mr. Medrano?
EDDY GARCIA: I informed him I had gotten a few calls already and that Mr. Combs was offering to pay for the video.
MS. STEINER: How did Mr. Medrano respond when you said that Mr. Combs was offering to pay for the video?
EDDY GARCIA: There was a pause, and then he stated that he would do it for 50.
MS. STEINER: When he said -- when Mr. Medrano said he would do it for 50, what did you understand that to mean?
EDDY GARCIA: I understood it to mean 50,000.
MS. STEINER: What did you do after Mr. Medrano told you that he would do it for 50?
EDDY GARCIA: I told him that I would communicate that to Mr. Combs.
MS. STEINER: What did you do next?
EDDY GARCIA: I called that same number.
MS. STEINER: The New York number?
EDDY GARCIA: Correct.
MS. STEINER: And who did you reach when you called the New York number?
EDDY GARCIA: Kristina answered and again gave the phone to Mr. Combs.
MS. STEINER: What did you tell Mr. Combs when he came on the line?
EDDY GARCIA: I told him that I talked to my boss and that he was willing to do it for 50,000.
MS. STEINER: How did Mr. Combs respond when you said that your boss was willing to sell the video for $50,000?
EDDY GARCIA: He sounded excited.
MS. STEINER: And how, if at all, did Mr. Combs refer to you during that call?
EDDY GARCIA: He referred to me as Eddy, my angel.
MS. STEINER: Was that after you told him that you would be willing to give him the video for $50,000?
EDDY GARCIA: Correct.
MS. STEINER: Can you describe what you recall him saying, to the best of your ability?
EDDY GARCIA: Just --
MR. STEEL: Objection.
THE COURT: That's overruled. A. He was excited, said: Eddy, my angel, I knew you could help. I knew you could do it.
MS. STEINER: What did you do after this call with Kristina and Mr. Combs?
EDDY GARCIA: I contacted Bill Medrano again.
MS. STEINER: Why did you contact him?
EDDY GARCIA: To let him know that, that it was agreed, that it was, it was a go.
MS. STEINER: And just to take a step back for a moment, what had Mr. Combs told you that made you think that it was agreed at that point?
EDDY GARCIA: That he wanted it done as soon as possible.
MS. STEINER: How did Mr. Medrano respond when you told him that it was a go?
EDDY GARCIA: He said OK.
MS. STEINER: What happened next?
EDDY GARCIA: He showed up to work that day.
MS. STEINER: To the hotel?
EDDY GARCIA: Correct.
MS. STEINER: And what did Mr. Medrano do when he arrived at the hotel?
EDDY GARCIA: He came into the security base, went into his office and shortly after came out of his office and made his way to the server.
MS. STEINER: Did you accompany him into the server room?
EDDY GARCIA: No. I was monitoring cameras in the station at the time.
MS. STEINER: What did Mr. Medrano do when he returned from the server room?
EDDY GARCIA: He handed me a black USB.
MS. STEINER: Did he say anything to you at that time?
EDDY GARCIA: Yes, he said done.
MS. STEINER: And what did you understand Mr. Medrano to mean when he said done?
EDDY GARCIA: That the video was in the USB.
MS. STEINER: I want to direct your attention now, Mr. Garcia, to the following day, so March 7 of 2016. When do you next recall contacting either Kristina or Mr. Combs?
EDDY GARCIA: So, I went to work that morning, and when I was at work, I let them know -- I contacted them and let them know I had the USB.
MS. STEINER: And when you say them, who are you referring to?
EDDY GARCIA: To Kristina, who answered, but I spoke to Mr. Combs.
MS. STEINER: And what did you inform Kristina when you contacted her?
EDDY GARCIA: I said I had -- that I had it.
MS. STEINER: And what happened after you told Kristina that you had it?
EDDY GARCIA: Mr. Combs came on the line.
MS. STEINER: What happened next?
EDDY GARCIA: I let him know I had the USB with the video on it.
MS. STEINER: How did Mr. Combs respond?
EDDY GARCIA: He was happy, sounded excited and said when -- how fast I could get it to him.
MS. STEINER: Did Mr. Combs say where he wanted to meet for purposes of getting the video?
EDDY GARCIA: Yes, he did provide me with an address.
MS. STEINER: And generally, where was that address located?
EDDY GARCIA: It was -- after mapping it, it was, I believe, a 15 or 20-minute drive from the hotel in the West L.A. area.
MS. STEINER: And you said he wanted to meet as soon as possible, is that correct?
EDDY GARCIA: Correct.
MS. STEINER: How did Mr. Combs refer to you during this call?
EDDY GARCIA: Again, the theme was Eddy, my angel.
MS. STEINER: And again, can you describe what you recall him saying with respect to that during this call?
EDDY GARCIA: After providing the address, it was more of a, you know, let's get this done, you know, wanted -- wanted to have the video as soon as possible.
MS. STEINER: What did you do after that call?
EDDY GARCIA: I notified Bill Medrano that he had provided me with an address to drop off the USB.
MS. STEINER: And how did Mr. Medrano respond?
EDDY GARCIA: He said I'll let the other officers know that you're running an errand for me so you can go.
MS. STEINER: Did he direct you to drop off the USB?
EDDY GARCIA: Yes.
MS. STEINER: Were you on duty at this time?
EDDY GARCIA: Correct.
MS. STEINER: You said that he told the other officers you were running an errand. Is that how you were able to leave your shift that day?
EDDY GARCIA: He said if they asked he would tell them that I was running an errand for them.
MS. STEINER: If we could bring up what's in evidence now as Government Exhibit 8E-104.
MS. STEINER: And looking towards your name, Mr. Garcia, for the date we're now discussing, March 7 of 2016, can you read what hours you listed that day?
EDDY GARCIA: Yes. 10 to 1800.
MS. STEINER: Did you, in fact, stay at the hotel from 10 to 1800?
EDDY GARCIA: No.
MS. STEINER: And why not?
EDDY GARCIA: I was dropping off the USB.
MS. STEINER: And when did you write down these hours for your shift?
EDDY GARCIA: When I came in that morning, I signed in and signed out for my shift.
MS. STEINER: But before you were directed by Mr. Medrano to drop off the USB?
EDDY GARCIA: Correct.
MS. STEINER: We can take that down.
MS. STEINER: Mr. Garcia, after your conversation with Mr. Medrano, did you go to the location that Mr. Combs had provided to you?
EDDY GARCIA: Yes.
MS. STEINER: What type of location was this?
EDDY GARCIA: It was big high-rise building.
MS. STEINER: Who did you contact when you arrived at this high-rise building?
EDDY GARCIA: When I arrived and I was in the lobby, I again called that same number again.
MS. STEINER: The same New York number?
EDDY GARCIA: Correct.
MS. STEINER: And what happened next?
EDDY GARCIA: I was told that somebody would come down and get me.
MS. STEINER: Do you recall who you spoke to at that time?
EDDY GARCIA: I believe it was Kristina.
MS. STEINER: And what happened after that call?
EDDY GARCIA: I waited in the lobby for -- for not too long. Then someone came up, introduced their self as Mr. Combs's bodyguard.
MS. STEINER: Do you recall the name of this bodyguard for Mr. Combs?
EDDY GARCIA: He did introduce himself at the time. I do not recall the name.
MS. STEINER: Can you describe his general appearance?
EDDY GARCIA: Yes. He was African American. Older gentleman, maybe in his mid to late 50s. Tall, a little heavyset, about maybe six three to six five, in between there. Definitely taller than me.
MS. STEINER: What did this security officer tell you after he introduced himself?
EDDY GARCIA: We walked over to the elevator, and in our conversation from the elevator to the suite we were going to, he was just saying that -- that he knew Mr. Combs for a long time, that they kind of came up together and that he was a good guy and I was doing a good thing.
MS. STEINER: What happened after you rode the elevator with the bodyguard?
EDDY GARCIA: I don't recall what floor we got off on, but we walked over to one of the units and we entered.
MS. STEINER: And can you describe the suite or unit that you entered?
EDDY GARCIA: Upon entering, there -- it was a smaller room. There was a couch, a coffee table. I didn't go past that room.
MS. STEINER: Who was present in the room when you arrived?
EDDY GARCIA: Mr. Combs and Ms. Khorram, along with the bodyguard.
MS. STEINER: Can you please describe Mr. Combs's demeanor when you arrived?
EDDY GARCIA: He was smiling, excited. Just looked happy.
MS. STEINER: What did Mr. Combs tell you when you first arrived?
EDDY GARCIA: Again, Eddy, my angel. He was smiling. He said come in. I believe he -- you know, he was making me feel comfortable.
MS. STEINER: What are the types of things he said to make you feel comfortable, if you recall?
EDDY GARCIA: He was asking me if I was OK. How you doing? At the time I was very nervous, so my voice kept cracking.
MS. STEINER: And how did Mr. Combs respond when your voice kept cracking because you were nervous?
EDDY GARCIA: He asked me if I was OK. I said I thought I was coming down with something, and he asked his assistant to bring me a tea.
MS. STEINER: Which assistant?
EDDY GARCIA: Ms. Khorram.
MS. STEINER: And did Ms. Khorram follow his instructions to get you a tea?
EDDY GARCIA: When he told her bring me a tea, before she could go, he looked back at me and asked me if I liked tea. I didn't grow up drinking tea, so I said I didn't know. And he turned back to her and said go get him that tea I like.
MS. STEINER: Did Ms. Khorram do it at that time?
EDDY GARCIA: Yes.
MS. STEINER: What did Mr. Combs ask you next?
EDDY GARCIA: He asked me if I -- if I had it.
MS. STEINER: And how did you respond when Mr. Combs asked if you had it?
EDDY GARCIA: I handed over the USB.
MS. STEINER: Who was present in the room when you handed over the UBS?
EDDY GARCIA: The bodyguard was present for the entirety of the meeting. I don't recall if Ms. Khorram was present during that time.
MS. STEINER: Was Mr. Combs present?
EDDY GARCIA: Yes. I handed it to him, yes.
MS. STEINER: What did Mr. Combs do after you handed him the UBS?
EDDY GARCIA: He left the room and came back shortly after.
MS. STEINER: How long approximately was he out of the room?
EDDY GARCIA: A few minutes.
MS. STEINER: And did he state why he was leaving the room?
EDDY GARCIA: No. He just said he would be back.
MS. STEINER: What did Mr. Combs ask when he returned?
EDDY GARCIA: He asked if -- if it was the only copy.
MS. STEINER: How did you respond?
EDDY GARCIA: I said I believe so.
MS. STEINER: And what, if any, concerns did Mr. Combs tell you at that time about there possibly being other copies of the video?
EDDY GARCIA: He said it had to be the only copy and that he didn't want it getting out and that if -- if I was sure there was nothing on, on the cloud.
MS. STEINER: He asked you if there was anything on the cloud, is that right?
EDDY GARCIA: Correct.
MS. STEINER: What did you do after Mr. Combs said that it needed to be the only copy and to confirm whether it's not on the cloud?
EDDY GARCIA: I contacted Bill via cell phone.
MS. STEINER: Bill Medrano?
EDDY GARCIA: Correct. And I asked him if it was the only copy.
MS. STEINER: How did Mr. Medrano respond?
EDDY GARCIA: He said that it was; that's why he had pulled it from the server.
MS. STEINER: After the call with Mr. Medrano, did you inform Mr. Combs that this was the only copy?
EDDY GARCIA: Yes.
MS. STEINER: Of the video?
EDDY GARCIA: Correct.
MS. STEINER: And what, if any, concerns did you, Mr. Garcia, express to Mr. Combs after you gave him the USB with the video?
EDDY GARCIA: I told him that -- that I did have a concern that if there -- if there was to be a police report made about the incident at a later time, that it would affect me.
MS. STEINER: Who were you concerned might make a police report?
EDDY GARCIA: Cassie.
MS. STEINER: How did Mr. Combs respond when you said you had this concern that Cassie might still file a police report?
EDDY GARCIA: He said I didn't have to worry about that, that she knew about it and that she wanted the video gone too.
MS. STEINER: And what did Mr. Combs do next?
EDDY GARCIA: He contacted Ms. Ventura with his phone via FaceTime.
MS. STEINER: Did you recognize the person on the FaceTime call?
EDDY GARCIA: Yes, I recognized her as Cassie Ventura.
MS. STEINER: Were you able to see Cassie on this call?
EDDY GARCIA: I was able to see enough to think it was Cassie. She was wearing a hoodie, and the lighting wasn't that great.
MS. STEINER: And approximately how long was this FaceTime call?
EDDY GARCIA: It was short.
MS. STEINER: What, if anything, did Mr. Combs tell Cassie during this call?
EDDY GARCIA: Before he passed the phone over to me, he said let him know that you want this to go away too.
MS. STEINER: And when Mr. Combs said -- just to make sure I understand, Mr. Combs told Cassie to let him know?
EDDY GARCIA: To let me know, yes.
MS. STEINER: To let you know that she wanted it to go away too?
EDDY GARCIA: Correct.
MS. STEINER: And how did Cassie respond when Mr. Combs directed her to let her know that she wanted this to go away too?
EDDY GARCIA: When I got passed the phone, I said hi. She said hi. And she said that -- that she had a movie coming out and that it wasn't a good time for this to come out and that she wanted it to go away.
MS. STEINER: What was her demeanor?
EDDY GARCIA: I would just say normal.
MS. STEINER: After this call with Cassie, what, if any, documents did Mr. Combs request from you?
EDDY GARCIA: He requested my ID and the ID of Bill Medrano and the ID of the officer that had responded to the call.
MS. STEINER: Did Mr. Combs say why he needed the IDs for each of you, you and Mr. Medrano and the responding officer?
EDDY GARCIA: Yes. He just said it -- this only worked if we're all on the same page.
MS. STEINER: What, if anything, did Mr. Combs say he would do if you did provide him each of these identifications?
EDDY GARCIA: He said he would take care of us.
MS. STEINER: And again, what did you understand him to mean by that?
EDDY GARCIA: I understood it to mean financially.
MS. STEINER: When Mr. Combs referred to the responding officer, that he needed the ID from the responding officer as well, who did you understand him to be referring to?
EDDY GARCIA: Israel Florez.
MS. STEINER: And how did you react when Mr. Combs requested Mr. Florez's identification?
EDDY GARCIA: Nervous. I just did not think that he would go for it.
MS. STEINER: Why is that?
EDDY GARCIA: Again, just knowing Mr. Florez and who he was, very by-the-book guy, that's just not something he would -- he would do.
MS. STEINER: What did you do after Mr. Combs requested identification from you and these other officers?
EDDY GARCIA: I contacted Bill Medrano.
MS. STEINER: What did you tell Mr. Medrano?
EDDY GARCIA: Told him that he needed his ID and that he was requesting the responding officer's ID as well.
MS. STEINER: Did he indicate that that was Mr. Florez?
EDDY GARCIA: Yes.
MS. STEINER: And how did Mr. Medrano respond when you said that Mr. Combs needed Mr. Medrano's ID and Mr. Florez's ID?
EDDY GARCIA: I did mention to Bill that I did not think Florez would go for it. He paused, and he said Henry would do it.
MS. STEINER: And who was Henry?
EDDY GARCIA: Henry Elias.
MS. STEINER: And was that the other officer that had been on duty that day?
EDDY GARCIA: Correct.
MS. STEINER: On March 5?
EDDY GARCIA: Correct.
MS. STEINER: Did you receive IDs or copies of IDs from Henry Elias and Bill Medrano?
EDDY GARCIA: Yes.
MS. STEINER: What did you do with these identifications after you received copies of them?
EDDY GARCIA: Provided them to Mr. Combs.
MS. STEINER: How did you provide them to Mr. Combs?
EDDY GARCIA: Forwarded them via text.
MS. STEINER: Text message?
EDDY GARCIA: Yes.
MS. STEINER: To which number, if you recall?
EDDY GARCIA: Just the number I had, the same number I had that I was contacting back and forth with, New York.
MS. STEINER: The New York number?
EDDY GARCIA: Yes.
MS. STEINER: Did Mr. Combs acknowledge whether he had received the IDs from you?
EDDY GARCIA: Yes.
MS. STEINER: Did he receive them?
EDDY GARCIA: Yes.
MS. STEINER: How did Mr. Combs respond when he received the IDs of Mr. Medrano and Mr. Elias?
EDDY GARCIA: He looked at them. And when he looked at Henry's, he said, yes, that's him.
MS. STEINER: Did you provide your own ID to Mr. Combs?
EDDY GARCIA: Yes.
MS. STEINER: And what did Mr. Combs do with your ID?
EDDY GARCIA: I handed it to him. He left the room as though -- but he took it with him.
MS. STEINER: Ms. Gavin, can you please bring up for the parties, the witness and the Court what has been marked for identification as Government Exhibit C-364-6A and -5A and -5B. And if it's possible could you put them up next to each other. Not possible. OK.
MS. STEINER: Do you recognize each of these images?
EDDY GARCIA: Yes.
MS. STEINER: And what are they?
EDDY GARCIA: They were the IDs that I had provided to Mr. Combs that day.
MS. STEINER: Are they fair and accurate copies of the IDs you provided to Mr. Combs?
EDDY GARCIA: Yes.
MS. STEINER: At this time, the government offers Government Exhibits C-364-6A, C-364-5A and C-364-5B.
THE COURT: Any objection?
MR. STEEL: No opposition.
THE COURT: Those exhibits will be admitted.
(Government Exhibits C-364-5A, C-364-5B and C-364-6A received in evidence).
MS. STEINER: Ms. Gavin, if you could start by putting up -- let's look at this one first.
MS. STEINER: This is an identification, is that correct, Mr. Garcia?
EDDY GARCIA: Yes.
MS. STEINER: And what does that identification show?
EDDY GARCIA: That is my California ID.
MS. STEINER: Is this the ID that you provided to Mr. Combs on March 7 of 2016?
EDDY GARCIA: Yes.
MS. STEINER: Ms. Gavin, can you take this down and put up next to each other 364-5A and -5B. Thank you.
MS. STEINER: And looking at the image that's on the screen on the right, Mr. Garcia, what's depicted there?
EDDY GARCIA: The IDs provided to me of -- from Henry Elias and Bill Medrano.
MS. STEINER: And the image on the right, whose identification is that?
EDDY GARCIA: That is Bill Medrano.
MS. STEINER: And the identification on the left?
EDDY GARCIA: Henry Elias.
MS. STEINER: And are these copies of the IDs you provided to Mr. Combs?
EDDY GARCIA: Yes.
MS. STEINER: You can take that down.
MS. STEINER: After you gave Mr. Combs copies of these three IDs, what, if anything, did he ask you to sign?
EDDY GARCIA: He brought out papers and said -- he said they were NDAs, and it was also saying that I was -- saying that it was the only copy of the video.
MS. STEINER: And when you say an NDA, can you explain what you mean by that?
EDDY GARCIA: That I wouldn't speak about that situation or anything that pertained to it.
MS. STEINER: Is that a nondisclosure agreement?
EDDY GARCIA: Yes.
MS. STEINER: Ms. Gavin, can you please bring up for the parties, the witness and the Court what has been marked for identification as Government Exhibit C-106.
MS. STEINER: Mr. Garcia, do you recognize this document?
EDDY GARCIA: Yes.
MS. STEINER: And generally what is it?
EDDY GARCIA: This is a document stating that I had provided the only copy of the video.
MS. STEINER: Did you review it in preparing to testify?
EDDY GARCIA: Yes.
MS. STEINER: And if we could turn to page 2, Ms. Gavin.
MS. STEINER: Mr. Garcia, does this document also bear your signature?
EDDY GARCIA: Yes.
MS. STEINER: The government offers Government Exhibit C-106.
MR. STEEL: No opposition, your Honor.
THE COURT: C-106 will be admitted.
(Government Exhibit C-106 received in evidence)
BY MS. STEINER:
MS. STEINER: Mr. Garcia, would you look at the top of the first page. Can you please read the first line?
EDDY GARCIA: "Eddy Yobani Garcia Solis declares."
MS. STEINER: Is that your full name?
EDDY GARCIA: My middle name is misspelled, but yes.
MS. STEINER: If we could zoom out and zoom in to paragraph 2. A. Would you like me to read that?
MS. STEINER: Yes, if you could, please read that.
EDDY GARCIA: "I represent and warrant that I have delivered all evidence giving rise to or in any way related to the surveillance video recording that is the subject of this declaration."
MS. STEINER: And when the declaration refers to you delivering evidence to Mr. Combs, what have you delivered to Mr. Combs?
EDDY GARCIA: USB with the video of the incident.
MS. STEINER: And if you could please zoom out of that, Ms. Gavin, and zoom in to paragraph 3.
MS. STEINER: If you could please read paragraph 3, Mr. Garcia.
EDDY GARCIA: "I represent and warrant that no evidence, including, but not limited, to photographs, videos, digital files and any other documents and electronically stored information have been shared with any third party."
MS. STEINER: And if we could zoom in to paragraph 5. A. "I represent and warrant that there are no duplicates, backups, stored drives, including, but not limited to, cloud-based storage of or relating to evidence, documents and/or electronically stored information provided. I further represent and warrant that upon turning over all evidence and documents, I have permanently deleted all emails, communications, text messages and any other digital and/or non-digital files, records or logs of any other document referencing this matter. The facts giving rise to this declaration that none of the information is susceptible to data recovery at a later date."
(Continued on next page)
MS. STEINER: Did you sign this document, Mr. Garcia, after you had confirmed with Mr. Medrano that this video was -- that you provided to Mr. Combs was the only copy?
EDDY GARCIA: Correct.
MS. STEINER: And it didn't exist on any other servers?
EDDY GARCIA: Correct.
MS. STEINER: Had you told that to Mr. Combs before signing this?
EDDY GARCIA: Correct.
MS. STEINER: If we could turn to the second page.
MS. STEINER: Can you please read the end of the document.
EDDY GARCIA: I declare under penalty of perjury that foregoing is true and correct, and that this declaration was executed in March 7th, 2016.
MS. STEINER: And there's a signature below that. Whose signature is that?
EDDY GARCIA: That's my signature.
MS. STEINER: We can take this down.
MS. STEINER: Mr. Garcia, did you read this document fully before signing it?
EDDY GARCIA: No.
MS. STEINER: Why not?
EDDY GARCIA: I was nervous, I was in a rush to get out of there.
MS. STEINER: Did you receive a copy of that document?
EDDY GARCIA: No.
MS. STEINER: Ms. Gavin, could you please put up just for the parties, the witness, and the Court what has been marked for identification as Government Exhibit C-111.
MS. STEINER: Mr. Garcia, generally, what is this document?
EDDY GARCIA: That is a nondisclosure agreement.
MS. STEINER: Does it have your name on it?
EDDY GARCIA: Yes.
MS. STEINER: Was this given to you by Mr. Combs on March 7th of 2016?
EDDY GARCIA: Yes.
MS. STEINER: Government offers Government Exhibit C-111.
MR. STEEL: Your Honor, we have no opposition.
THE COURT: C-111 will be admitted.
(Government's Exhibit C-111 received in evidence).
MS. STEINER: Can we please publish that for the jury, Ms. Gavin. Thank you.
MS. STEINER: Mr. Garcia, you testified that Mr. Combs had required that you sign an NDA, or nondisclosure agreement; is that correct?
EDDY GARCIA: Correct.
MS. STEINER: Looking at the top of this document, if we could zoom in on that, can you please read the first line.
EDDY GARCIA: Confidentiality and nondisclosure agreement.
MS. STEINER: And below that, can you read who this agreement is between.
EDDY GARCIA: The agreement is made and entered into of November 6th, 2015, and in between CE&LP CO LLC, with address at 1440 Broadway, 3rd floor, New York, New York 10018, and any of its affiliates, and Eddy Garcia.
MS. STEINER: It says this is dated November 6th of 2015. Was that the correct date?
EDDY GARCIA: No.
MS. STEINER: What was the correct date?
EDDY GARCIA: March 7th, 2016.
MS. STEINER: And the name Eddy Garcia is handwritten onto this document. Whose handwriting is that?
EDDY GARCIA: That's my handwriting.
MS. STEINER: If we could zoom out and zoom in to paragraph 2.2.
MS. STEINER: Mr. Garcia, if you could please read the first sentence of paragraph 2.2.
EDDY GARCIA: Recipients understand that Combs is a highly prevalent recording artist, entertainer, and entrepreneur, and his privacy and the confidentiality of the confidential information of this material concern to company.
MS. STEINER: If we could zoom out and turn to page 2, please, Ms. Gavin. If we could zoom in to paragraph 10. If you could please highlight, Ms. Gavin, the sentence starting with accordingly.
MS. STEINER: Mr. Garcia, can you please read the highlighted sentence of this paragraph.
EDDY GARCIA: Accordingly, without limitation of company and/or Combs rights as they relate to injunctive relief detailed above, recipient agrees to pay company a sum of $1 million as liquidated damages in the event of breach of this agreement.
MS. STEINER: Mr. Garcia, how much were you making as a security officer in March of 2016?
EDDY GARCIA: About $10.50 an hour.
MS. STEINER: If we could turn to page 3.
MS. STEINER: Mr. Garcia, directing your attention to the bottom of the page, is that your name and signature?
EDDY GARCIA: Correct.
MS. STEINER: And can you please read the date.
EDDY GARCIA: March 7th, 2016.
MS. STEINER: And is that the correct date of the signing of this agreement?
EDDY GARCIA: Yes.
MS. STEINER: You can take that down.
MS. STEINER: Again, Mr. Garcia, did you read this second document, this NDA before signing it?
EDDY GARCIA: No. I looked at it and signed it. Again, the goal was to get out of there as soon as possible.
MS. STEINER: Did you receive a copy of the NDA?
EDDY GARCIA: No.
MS. STEINER: You can take this down.
MS. STEINER: Mr. Garcia, what happened after you signed these two documents?
EDDY GARCIA: I turned them over to Mr. Combs, he grabbed them and left the room.
MS. STEINER: Did Mr. Combs return to the room after that?
EDDY GARCIA: Yes.
MS. STEINER: And what happened when he returned to the room?
EDDY GARCIA: He returned with a brown bag and a money counter.
MS. STEINER: Can you describe what the money counter that Mr. Combs had looked like?
EDDY GARCIA: Rectangular shape. Kind of like an off-white color.
MS. STEINER: Did Mr. Combs take anything out of the brown paper bag?
EDDY GARCIA: Yes, money.
MS. STEINER: What did Mr. Combs do with the money and the money counter?
EDDY GARCIA: He was putting the money through the counter.
MS. STEINER: Who was putting the money through the counter?
EDDY GARCIA: Mr. Combs.
MS. STEINER: And based on your observations of Mr. Combs, did he know how to operate this money counter?
EDDY GARCIA: Yes.
MS. STEINER: How much money did Mr. Combs put through the money counter?
EDDY GARCIA: In total, at the end, it was $100,000.
MS. STEINER: Can you describe how Mr. Combs went through the process of feeding money into the money counter?
EDDY GARCIA: Yeah, through -- there were stacks of money being put through it, stacks of $10,000 at a time.
MS. STEINER: Who was putting the money through it?
EDDY GARCIA: Mr. Combs.
MS. STEINER: You said that you observed $100,000 being put through the machine. How do you know it was $100,000?
EDDY GARCIA: That's what it displayed in the end, the machine.
MS. STEINER: The machine displayed that amount?
EDDY GARCIA: Yes.
MS. STEINER: You testified earlier, Mr. Garcia, that you had informed Mr. Combs that your boss, Mr. Medrano, was willing to sell the video for $50,000; is that right?
EDDY GARCIA: Yes.
MS. STEINER: And when you initially informed Mr. Combs you could give him the video for $50,000, did you tell him who that money would be for?
EDDY GARCIA: Yes. My words were, my boss would do it for 50.
MS. STEINER: Later at the office during this meeting, Mr. Combs gives you $100,000; is that right?
EDDY GARCIA: Correct.
MS. STEINER: That's $50,000 more?
EDDY GARCIA: Yes.
MS. STEINER: Did you have an understanding of what that additional $50,000 was for?
EDDY GARCIA: Yes, he mentioned he would take care of us financially. So the additional, it was my understanding, was for me and what he thought was Israel Florez.
MS. STEINER: The responding officer?
EDDY GARCIA: Correct.
MS. STEINER: We've been speaking a lot about your interactions with Mr. Combs during this meeting. You mentioned that Mr. Combs's bodyguard had brought you up to the meeting. Was Mr. Combs's bodyguard present throughout this meeting?
EDDY GARCIA: Yes.
MS. STEINER: Was he also present when Mr. Combs counted the $100,000?
EDDY GARCIA: Yes.
MS. STEINER: Did Mr. Combs hand you that $100,000?
EDDY GARCIA: Yes.
MS. STEINER: How did he do that?
EDDY GARCIA: Back in that same brown paper bag.
MS. STEINER: Was Mr. Combs's bodyguard present when Mr. Combs handed you the $100,000 in a brown paper bag?
EDDY GARCIA: Yes.
MS. STEINER: You testified earlier that Ms. Khorram had swept through at one point get you tea; is that right?
EDDY GARCIA: Correct.
MS. STEINER: Did she later return to the room?
EDDY GARCIA: Yes. She was in and out of the room.
MS. STEINER: If you recall, was Ms. Khorram present at any point during the counting of the $100,000?
EDDY GARCIA: At some point, I would say yes.
MS. STEINER: What did Mr. Combs do after he counted the $100,000?
EDDY GARCIA: After, he asked me if I wanted to count it.
MS. STEINER: How did you respond?
EDDY GARCIA: I said I trusted the machine.
MS. STEINER: What did you do next?
EDDY GARCIA: After being handed the money, I stood up.
MS. STEINER: Why did you stand up?
EDDY GARCIA: To indicate that I'd be leaving.
MS. STEINER: What did Mr. Combs tell you when you got up to leave?
EDDY GARCIA: He said he would walk me out.
MS. STEINER: Who accompanied you out of that suite?
EDDY GARCIA: Mr. Combs and his bodyguard.
MS. STEINER: How did you react when Mr. Combs said that he would walk you out?
EDDY GARCIA: I got nervous.
MS. STEINER: Why is that?
EDDY GARCIA: Just my thought in my head was, I already handed --
THE COURT: Hold on. Hold on. Grounds.
MR. STEEL: 403, 404(a).
THE COURT: That's sustained. Ms. Steiner, let's move on.
MS. STEINER: What happened when Mr. Combs escorted you out of that suite?
EDDY GARCIA: We walked down to the valet area where my vehicle was.
MS. STEINER: What, if anything, did Mr. Combs tell you at that time?
EDDY GARCIA: He had asked me how I would be spending the money, and I said I didn't know.
MS. STEINER: How did Mr. Combs respond when you said you didn't now how you'd be spending the money?
EDDY GARCIA: He said not to make any big purchases.
MS. STEINER: Did he say why?
EDDY GARCIA: No, but I understood it as it would draw attention --
MR. STEEL: Objection.
THE COURT: Hold on. Mr. Steel, can you make sure if you're objecting, that you're speaking into a microphone, because it's not coming out on the --
MR. STEEL: Yes, sir.
THE COURT: That's sustained. The jury should disregard the witness's last answer. Ms. Steiner.
MS. STEINER: What happened after Mr. Combs walked you down to the valet area?
EDDY GARCIA: He signed my valet ticket so I wouldn't be charged, and he requested his vehicle.
MS. STEINER: What did you do after you got your vehicle?
EDDY GARCIA: I got in the vehicle and I drove off.
MS. STEINER: What did you do after you drove off?
EDDY GARCIA: For a few minutes I was looking back because he had also requested his vehicle. So I was just looking back to see if I was being followed.
MS. STEINER: When you said he had also requested his vehicle, who are you referring to?
EDDY GARCIA: Mr. Combs.
MS. STEINER: Were you being followed?
EDDY GARCIA: Not that I saw.
MS. STEINER: What did you do next?
EDDY GARCIA: I contacted Bill Medrano.
MS. STEINER: And what did you inform Mr. Medrano?
EDDY GARCIA: That I had the money.
MS. STEINER: After this meeting, did you provide a portion of this $100,000 to anyone else?
EDDY GARCIA: Yes. I provided money to Bill Medrano and Henry Elias.
MS. STEINER: How much money did you give to Bill Medrano?
EDDY GARCIA: $50,000.
MS. STEINER: Is that the amount he initially requested?
EDDY GARCIA: Yes.
MS. STEINER: How much money did you give to Mr. Elias?
EDDY GARCIA: $20,000.
MS. STEINER: How much money did you keep for yourself?
EDDY GARCIA: $30,000.
MS. STEINER: What did you do with the $30,000 that you kept for yourself?
EDDY GARCIA: I bought a used vehicle.
MS. STEINER: You paid for it in cash?
EDDY GARCIA: Yes.
MS. STEINER: Did you deposit any of the cash in a bank account?
EDDY GARCIA: No.
MS. STEINER: Why not?
MR. STEEL: Objection.
THE COURT: Sustained. Let's move on.
MS. STEINER: Did you report the money on your taxes?
EDDY GARCIA: No.
MR. STEEL: Objection.
THE COURT: That's overruled.
MS. STEINER: You testified earlier, Mr. Garcia, that you had reviewed an incident report on March 5th of 2016. Do you recall that?
EDDY GARCIA: Yes.
MS. STEINER: That was a couple days prior to this meeting, correct?
EDDY GARCIA: Correct.
MS. STEINER: Where was that incident report saved again?
EDDY GARCIA: There was an incident report folder on the computer.
MS. STEINER: In the security office?
EDDY GARCIA: Correct.
MS. STEINER: Did you go back into the folder where the incident report had been saved after this meeting with Mr. Combs?
EDDY GARCIA: Yes.
MS. STEINER: Approximately, when was that?
EDDY GARCIA: About a week or two later.
MS. STEINER: What did you notice at that time?
EDDY GARCIA: That the video -- or the incident report on the Mr. Combs incident was not there.
MS. STEINER: Was the video there?
EDDY GARCIA: No.
MS. STEINER: Did you report to anyone that the video or incident report was missing from that folder?
EDDY GARCIA: No.
MS. STEINER: Why not?
EDDY GARCIA: Because being that I had sold the video, it would just draw more attention to the situation.
MS. STEINER: Did you have any further contact with Mr. Combs after he gave you the $100,000 in cash?
EDDY GARCIA: Yes.
MS. STEINER: Approximately, when was that?
EDDY GARCIA: Easter, a few weeks after.
MS. STEINER: Did he reach out to you?
EDDY GARCIA: Yes.
MS. STEINER: What did Mr. Combs tell you on this call?
EDDY GARCIA: He said happy Easter. Eddy, my angel, God is good, God put you in my way for a reason, and then proceeded to ask if anybody had asked about the incident or the video.
MS. STEINER: And how did you respond when Mr. Combs asked you if anyone had inquired about the video or the incident?
EDDY GARCIA: I said I hadn't heard anything.
MS. STEINER: How did Mr. Combs respond?
EDDY GARCIA: He just said, okay.
MS. STEINER: What, if anything, did Mr. Combs offer you during this call around Easter?
EDDY GARCIA: He ended the call with just saying if I needed anything, just to let him know.
MS. STEINER: Can you repeat that.
EDDY GARCIA: He ended the call with just saying that if I ever needed anything, just to let him know.
MS. STEINER: What did you understand that to mean?
EDDY GARCIA: At the time --
MR. STEEL: Objection.
THE COURT: Sustained.
MS. STEINER: After Easter, did you make any attempts to communicate with Mr. Combs?
EDDY GARCIA: Yeah, about a year or two later.
MS. STEINER: So is that 2017 or 2018?
EDDY GARCIA: Around that time.
MS. STEINER: What did you tell Mr. Combs at that time?
EDDY GARCIA: I sent him a message just asking if there's any opportunities for working when he was in town.
MS. STEINER: How did you contact him to request work?
EDDY GARCIA: I had sent him a message via Instagram.
MS. STEINER: And did he respond to this message?
EDDY GARCIA: No, I never received a reply.
MS. STEINER: Why did you specifically reach out to Mr. Combs to request work?
EDDY GARCIA: Just I was always looking to work, make extra money. So based on him saying on the last phone call if I ever needed anything, I just thought there were maybe some employment opportunities there.
MS. STEINER: Is that the Easter call you're referring to?
EDDY GARCIA: Correct.
MS. STEINER: Your Honor, before I continue with Mr. Garcia, can we have a brief sidebar?
THE COURT: Yes.
(Continued on next page)
(At the sidebar)
THE COURT: Ms. Steiner.
MS. STEINER: Thank you, your Honor. Earlier, when I inquired of the witness about what he had done with the money, I followed it by a question -- he had explained that, and before that Mr. Combs had -- he had testified that Mr. Combs had directed him about what he should or should not do with the money, in essence being smart with the money. I tried to ask him what he understood by that and there was the sustained objection at that point in time, although, he testified what he did with the money. Our concern with that objection is that it's the government's burden to establish here a meeting of the minds between Mr. Combs and Mr. Garcia as to what's to be done with the money. Here, we have to establish that it was a bribe, and the fact that Mr. Combs is providing instructions to Mr. Garcia about what to do and Mr. Garcia's of those instructions is very relevant and probative of what we're required to establish for the bribery predicate.
THE COURT: Is the defense contesting that it was a bribe?
MS. SHAPIRO: Your Honor, we're contesting that it was a bribe within the meaning of California law, but that's because the purpose wasn't to suppress a report to law enforcement, as your Honor will recall from the crime fraud litigation.
THE COURT: Maybe I'm not understanding. You've established through Mr. Garcia's testimony that there was a payment in exchange for the video.
MS. STEINER: Correct.
THE COURT: So it is a bribe in that sense, it is a payment for the video. You'll also seek to establish that the real purpose and intent was to prevent this video from falling into law enforcement hands to make sure that there was no testimony concerning the video, right?
MS. STEINER: Correct.
THE COURT: So then what in that context, what is the purpose of having testimony concerning the reasons why, for instance, money should not be deposited into a bank account?
MS. STEINER: That's exactly the right inquiry, your Honor. Here, I think Mr. Garcia would understand that when Mr. Combs told him to be smart with the money, he understood that he was to not draw attention to it so that law enforcement would not have any reason to become aware of this transaction. And similarly, he kept the money in cash, did not deposit it into a bank account, so there would be no record of the transaction for the same purpose, so that law enforcement wouldn't have any understanding about the money that he had received, given Mr. Combs's directions to him about how to use the money.
MS. SHAPIRO: Your Honor, the issue is what was Mr. Combs's intent. This witness's own opinion or speculation --
THE COURT: You're saying it calls for speculation?
MS. SHAPIRO: It calls for speculation. It's 403. It's really got nothing to do with -- and as your Honor -- as we indicated, there's no dispute that the money was paid for the video and with the expectation that other copies wouldn't exist. That's not what's disputed. This witness's own beliefs or fears or whatever are completely irrelevant and is speculation to the extent about what was in Mr. Combs's mind is irrelevant.
MS. COMEY: Your Honor, if I may, if it's all right. That conversation is some of the most probative piece of evidence about what the agreement was about who would not be informed about this bribe and about this video.
THE COURT: You got the conversation in.
MS. COMEY: But the meeting of the minds about the understanding of what to do and what not to do and why really is the core of the agreement. The agreement is we will not tell law enforcement.
THE COURT: Under the bribery statute?
MS. COMEY: Yes, your Honor, that is the agreement that we understand is being reached and is culminated at the point of that conversation, at the end of getting the money, at the end of giving the video, what Mr. Combs says is, don't go making any big purchases, be smart with the money. And the only reason to say that is if he's concerned about law enforcement. And the fact that the bribe recipient understands what he's telling him is, don't do anything that will draw law enforcement's attention is probative of the agreement that the money is being paid not just to prevent the press from finding out, but from law enforcement from finding out.
THE COURT: My understanding of the bribery statute is that there's no element that requires a meeting of the minds or agreement. It requires evidence of the defendant's intent, meaning if your intent is to bribe someone, to impair a governmental investigation, that would be sufficient to satisfy the elements of bribery, correct, Ms. Shapiro?
MS. SHAPIRO: I believe that's correct, your Honor. As your Honor pointed out, the conversation is out, Mr. Combs's words are in the record. They have been testified to. This witness's idea about the purpose is irrelevant and speculation.
THE COURT: Well, the reason I raised that issue is because I don't think you have the burden of showing a meeting of the minds. It all goes to the defendant's intent. If that's the case, this witness's understanding of what the defendant meant would be either an opinion or improper speculation.
MS. COMEY: So I think you're right, your Honor, that we don't have to prove meeting of the mind, but a meeting of the minds is probative of the intent and of the violation. Maybe we could go back and lay a foundation, because I think if Ms. Steiner asked this witness based on all of your conversations with Mr. Combs, all of your interactions, and his demeanor and tone of voice when having this conversation with you, what did you understand he was directing you to do, I think she could lay a proper foundation.
THE COURT: Here's what we're going to do: I will maintain the ruling on the objection. However, we're about to have cross-examination, and if I'm remembering the back and forth on this, when there was pretrial motion practice on this, the defense had indicated in some ways how they were going to cross examine this witness. So let's see what happens, because they may open the door to further questioning on this on redirect. So let's handle it that way.
(Continued on next page)
(In open court)
THE COURT: Ms. Steiner, any further inquiry?
MS. STEINER: Yes, briefly, your Honor.
MS. STEINER: Mr. Garcia, did you see a video of the March 5th incident again after March of 2016?
EDDY GARCIA: Yes.
MS. STEINER: And under what circumstances?
EDDY GARCIA: On a news outlet when it was released.
MS. STEINER: Approximately, when was that?
EDDY GARCIA: 2024, I believe.
MS. STEINER: And at the time that you had given the USB to Mr. Combs, were you aware of any other copies of the video?
EDDY GARCIA: No.
MS. STEINER: Aside from the video that you observed on the news, did you later learn about any other copies of the video?
EDDY GARCIA: Yes.
MS. STEINER: From who?
EDDY GARCIA: Israel Florez.
MS. STEINER: And what did Mr. Florez show or tell you?
EDDY GARCIA: It was a text message just with a standstill of the video of Mr. Combs in the sixth floor elevator landing.
MS. STEINER: When you say a standstill, are you referring to a screenshot?
EDDY GARCIA: A screenshot.
MS. STEINER: To be clear, did you see another copy of the video or just the screenshot that Mr. Florez provided to you?
EDDY GARCIA: The screenshot.
MS. STEINER: Did you keep the screenshot and the text messages between yourself and Mr. Florez?
EDDY GARCIA: No.
MS. STEINER: What did you do to them?
EDDY GARCIA: I deleted them.
MS. STEINER: Why did you delete the messages?
EDDY GARCIA: At the time I wanted nothing to do with the incident or anything pertaining to it, so I deleted the messages.
MS. STEINER: Did you delete any other messages about this incident?
EDDY GARCIA: Yes.
MS. STEINER: What messages are those?
EDDY GARCIA: Messages with Henry Elias that made reference to either the video or the incident.
MS. STEINER: Do you recall approximately when you deleted them?
EDDY GARCIA: Late -- it was in 2024, after June.
MS. STEINER: Did there come a time in June of 2024 where you were contacted by law enforcement in connection with this case?
EDDY GARCIA: Yes.
MS. STEINER: And did you meet with law enforcement and prosecutors around that time?
EDDY GARCIA: Yes.
MS. STEINER: Were you fully truthful in that initial discussion with law enforcement?
EDDY GARCIA: No.
MS. STEINER: Why not?
EDDY GARCIA: Again, I didn't want to be part of any of this and wanted to stay away from it.
MS. STEINER: What were you not honest about?
EDDY GARCIA: My involvement in selling of the video.
MS. STEINER: And you testified a moment ago that you deleted messages with Mr. Florez and Mr. Elias, correct?
EDDY GARCIA: Correct.
MS. STEINER: Did you delete them after this initial meeting in June of 2024?
EDDY GARCIA: Yes.
MS. STEINER: Shortly after that meeting?
EDDY GARCIA: Yes.
MS. STEINER: Were you represented by an attorney at that time?
EDDY GARCIA: I was.
MS. STEINER: And who did that attorney also represent?
EDDY GARCIA: It represented Securitas.
MS. STEINER: Was that the company that had employed you at the time, in March of 2016?
EDDY GARCIA: Correct.
MS. STEINER: Were you subsequently appointed your own counsel?
EDDY GARCIA: Yes.
MS. STEINER: Did you meet with the government again after you were appointed your own attorney?
EDDY GARCIA: Yes, later that year.
MS. STEINER: In that second meeting, did you disclose to the government that Mr. Combs had paid you for the video?
EDDY GARCIA: Yes.
MS. STEINER: Did you have subsequent meetings with the government after that second meeting?
EDDY GARCIA: Yes.
MS. STEINER: And were you truthful in each of those meetings?
EDDY GARCIA: Yes.
MS. STEINER: And has your testimony here today before the jury been truthful to the best of your ability?
EDDY GARCIA: Yes.
MS. STEINER: No further questions, your Honor.
THE COURT: Mr. Steel.
MR. STEEL: Thank you, your Honor.
CROSS-EXAMINATION BY MR. STEEL:
MR. STEEL: Good morning, sir.
EDDY GARCIA: Good morning.
MR. STEEL: Sir, you're in the apartment with -- or condominium with Mr. Combs, his security personnel, and at times his personal assistant, do you remember that day?
EDDY GARCIA: Yes.
MR. STEEL: March 7th, 2016; fair to say?
EDDY GARCIA: Yes.
MR. STEEL: When you're there, you receive double the amount of money that your co-worker or your boss was anticipating, true?
EDDY GARCIA: Correct.
MR. STEEL: And you were honest enough to go back and tell your coworkers that, actually, you have $100,000, not 50, fair?
EDDY GARCIA: Yes.
MR. STEEL: Because you wanted to be honest, right?
EDDY GARCIA: Yes.
MR. STEEL: Because that's your nature, right?
EDDY GARCIA: Yes.
MR. STEEL: And Mr. Combs, you look in the rearview mirror to see if you're being followed, but you got a good feeling about him, he was professional with you, true?
EDDY GARCIA: Yes.
MR. STEEL: And, in fact, a couple years later, maybe not a couple years later, but two and a half years later, somewhere in there, you actually reached out to Mr. Combs just to say, you know, if you need work, whatever type of work that I can assist you with, I'd appreciate the thought, right?
EDDY GARCIA: Incorrect. Not any type of work. Security work.
MR. STEEL: I apologize. And I know that message may not have gotten through or did get through, but there was no more contact; fair to say?
EDDY GARCIA: Correct.
MR. STEEL: I want to ask you, if you don't mind, looking at a document that I don't think that you read, you said, you made that pretty clear, do you mind doing it with the jurors now?
MR. STEEL: Your Honor, with the Court's permission, it's already in evidence, C-111, if that can be displayed.
THE COURT: It may.
MR. STEEL: You've seen it since, though, to testify today, you've gone over this document with the prosecutors, right?
EDDY GARCIA: Correct.
MR. STEEL: And if you need to read everything, you can. I'd like to focus you on paragraph 4, if you don't mind, and then we're going to talk about paragraph 3; is that okay?
EDDY GARCIA: Yup.
MR. STEEL: Do you mind if I just read this and just make sure I'm reading it correctly, and I want to ask you a couple things. Is that okay?
EDDY GARCIA: Okay.
MR. STEEL: This is paragraph 4 from the document we just said that's in evidence. It says, exclusions from nondisclosure or non-use obligations, meaning you can disclose this; is that your understanding?
EDDY GARCIA: My understanding of NDA is that you don't speak about it.
MR. STEEL: Okay. And this part, though, says, exclusions from nondisclosure, meaning you can -- we'll keep reading. Okay?
EDDY GARCIA: Okay.
MR. STEEL: Recipient obligations under Section 2 and 3 do not apply to any confidential information that recipient can document, A, was in the public domain at or subsequent — meaning after — to the time the confidential information was communicated to recipient by company through no-fault of recipient. Okay, true, that's what it says?
EDDY GARCIA: That's what it says.
MR. STEEL: B, was rightfully in recipient's possession free of any obligation of confidence at or subsequent to the time the confidential information was communicated to recipient by the company; or C, was independently developed by employee's contractors, or agents of recipient without use of, or reference to, any confidential information. A disclosure of any confidential information, A -- and this is what I'm stressing, okay, Mr. Garcia?
EDDY GARCIA: Okay.
MR. STEEL: In response to a valid order by a court or other governmental body; or B, as otherwise required by law, will not be a breach of this agreement or a waiver of the confidentiality for other purposes. Do you see that?
EDDY GARCIA: Yes.
MR. STEEL: And you understand what that means, correct?
EDDY GARCIA: Not in its entirety. Maybe you can explain it.
MR. STEEL: Tell me if this makes sense to you, and we'll continue reading it thereafter. If the court, like the honorable Court that's sitting above us all, orders you or other people to divulge this information, you can divulge the information; is that what that says?
EDDY GARCIA: Sounds right.
MR. STEEL: And then it says it doesn't really have to be a court, another governmental body can do the same. Do you understand that?
EDDY GARCIA: Yes.
MR. STEEL: And then it says, or B, or otherwise required by law. That means any other legal matter will not be a breach. A breach means you would not violate this agreement, right?
EDDY GARCIA: Correct.
MR. STEEL: I'm going to continue where we stopped. Provided, however, that the recipient provides prompt written notice thereof to company and enable company to seek a protective order or otherwise prevent the disclosure. That means you'd have to notify the company, true?
EDDY GARCIA: That's what it says.
MR. STEEL: No. 5, if you could look at that paragraph, if you don't mind, in the same document. This says non-disparagement. Without limiting the foregoing, recipient agrees that recipient shall not at any time use, disclose, disseminate or confirm, directly or indirectly, to anyone any information or material, confidential or otherwise, whether or not acquired by recipient in the course of, or in connection with, the purpose which may harm, disparage, demean, or reflect negatively or poorly upon, or cause injury to the reputation, character, or career of Combs, or Combs parties, right?
EDDY GARCIA: Right.
MR. STEEL: And that's what the genesis of what you understood this to be, Mr. Combs was a public figure you said, right?
EDDY GARCIA: Correct.
MR. STEEL: I think your word was an extremely well known public figure, I think you said something like that.
EDDY GARCIA: I don't recall my exact words, but something along the line of that.
MR. STEEL: And you've known him for years before this, you recognize his voice?
EDDY GARCIA: Correct.
MR. STEEL: And you called him, I believe, a celebrity. If you didn't that's fine. These are my notes, so it may be wrong.
EDDY GARCIA: I believe I said celebrity.
MR. STEEL: I'm just going to continue just to finish it. However, nothing in this agreement is intended to prevent recipient from making any truthful statements in any legal proceeding or other required by law, right?
EDDY GARCIA: Right.
MR. STEEL: Now, you're not law enforcement?
EDDY GARCIA: No.
MR. STEEL: At this time, are you?
EDDY GARCIA: No.
MR. STEEL: And you could take down the exhibit, if you don't mind.
MR. STEEL: And you weren't law enforcement when you were 26 years old, right?
EDDY GARCIA: The incident occurred when I was 24, but no, I've never been law enforcement.
MR. STEEL: I think I have no other questions, your Honor. May I have just one second?
THE COURT: All right.
MR. STEEL: Thank you, your Honor.
THE COURT: Ms. Steiner.
MS. STEINER: Ms. Gavin, could we please bring back up for the jury Government Exhibit C-111. We can look at paragraph 4. You can zoom in to that.
REDIRECT EXAMINATION BY MS. STEINER:
MS. STEINER: Mr. Garcia, you were asked on cross-examination about this paragraph. Do you recall that?
EDDY GARCIA: Yes.
MS. STEINER: Can you please read the last sentence of this paragraph. Actually, let me direct you even more specifically. After however.
EDDY GARCIA: However, that a recipient provides prompt prior written notice thereof to company to enable company to seek a protective order or otherwise prevent the disclosure.
MS. STEINER: This paragraph was about disclosing to, among others, law enforcement; is that right?
EDDY GARCIA: Correct.
MS. STEINER: If you were to disclose to law enforcement, would you have to notify the company under this provision?
EDDY GARCIA: I'm not sure how that works, but I know that I did inform law enforcement.
MS. STEINER: Do you know who this company is referring to?
EDDY GARCIA: I would not know directly the company, but I would assume, because it --
MS. STEINER: Was this company referring to Mr. Combs's company?
EDDY GARCIA: Yes, that's what I would assume, that it's referring to Mr. Combs's company.
MS. STEINER: And this is a nondisclosure agreement, correct?
EDDY GARCIA: Correct.
MS. STEINER: When you signed this agreement and you took $100,000 from Mr. Combs, what was your understanding about whether you could report that you had received that money to law enforcement?
MR. STEEL: Your Honor, I'm objecting. Same basis.
MS. STEINER: Your Honor, I think the door was opened on this.
THE COURT: That objection is overruled.
MR. STEEL: Your Honor, can we have a sidebar?
THE COURT: You may.
(Continued on next page)
(At the sidebar)
THE COURT: All right.
MS. SHAPIRO: Your Honor, the door was not opened. In fact, Mr. Steel deliberately stayed away from this issue because of the prior sidebar. In addition, I just want to point out that the elements of bribery really do not involve this witness's understanding. The California bribery statute makes it a crime, has elements. The elements only require that the conspirator had to act with the corrupt intent to persuade the witness or person to agree that the bribe would unlawfully influence the testimony or information the witness or person would give, and the corrupt intent -- And so there's a requirement that goes to Mr. Combs's state of mind. This witness's understanding is irrelevant. All Mr. Steel did on cross, and deliberately so, was to simply have the witness read a provision of the document that's already in evidence. The government has redirected on that precise paragraph. It's going beyond the scope. No door was opened. This is incredibly unfairly prejudicial and in violation of 403. There is no basis whatsoever. If we're going to go down this path, we might as well open this up on recross to extensive additional questions that Mr. Steel deliberately refrained from engaging in precisely because of the last sidebar.
THE COURT: The issue here is a little bit different, because on direct, there was questioning about statements that Mr. Combs made to the witness and what the witness's understanding of those statements were. So I thought the objection was well taken there, that to the extent the witness would testify as to what his understanding of what Mr. Combs had said, that would be speculating on Mr. Combs's state of mind or calling for an opinion, that would be impermissible. Here, there was an agreement that was introduced on cross-examination --
MS. SHAPIRO: No, it was introduced on direct.
THE COURT: Whether it was on direct, there was questioning on cross-examination about particular statements. And so I think the only question that Ms. Steiner was really asking is, when you signed this agreement, what was your personal understanding of what you could or could not do. So what's the problem?
MS. SHAPIRO: He testified on direct that he didn't read it before he signed it. So this is just a subterfuge to get in what she was trying to get in at the end of the direct when the Court sustained our objection for purposes of the direct.
THE COURT: That's fair enough.
MS. SHAPIRO: Because he did testify on direct that he didn't read these agreements. This is speculation given that he didn't read it at the time. They're just asking him what was in his head previously.
THE COURT: That's why it's not speculation, because he's being asked what was his understanding of what he was allowed -- certainly not --
MS. SHAPIRO: We are getting sandbagged here.
THE COURT: Hold on. It's not speculation in the way that the prior questions that were objected to would elicit potential speculation. You would agree that this one is not asking for speculation, it's asking about his understanding.
MS. SHAPIRO: It's asking about his understanding, your Honor, but they put in the document, which he signed, they elicited on direct that he didn't read it before he signed it. The document is in evidence. Mr. Steel's questions were simply reading the provision and asking him about what it says today. To go beyond that and ask him, even though he didn't read it, what his understanding was is unfairly prejudicial, and it doesn't go to --
THE COURT: That's the one part of the objection that is well taken, that is on direct, he said that -- hold on. Let me see if I can figure this out. So there was testimony that he did not read the agreement. So having not read the agreement, how can you now ask him what was his understanding based on an agreement he did not read?
MS. COMEY: That's totally fair, your Honor. So I think it is responsive to Mr. Steel's questioning, which if Mr. Steel had just had him read the statement and not asked him what does it mean, and then asked a series of questions about Mr. Garcia's interpretation of that paragraph, I think that point would be well taken, but that's not what Mr. Steel did. Mr. Steel did not just pull up the text and say, read this out loud, and put it back down. He pulled up the text, said read this out loud, and then interpreted a text with Mr. Garcia and asked what Mr. Garcia's understanding was about what that provision meant. I think it left a misimpression with this jury about what this witness's understanding was of his obligations under this agreement. I think we're allowed to correct that misunderstanding with a single question, single question with what his understanding was after signing this agreement about whether he could report to the police. That's all.
THE COURT: Understood.
MS. SHAPIRO: Your Honor, if they want to correct an alleged misunderstanding, the proper question is to simply reinforce that he didn't read the agreement, and so wasn't aware that it said that at the time. But the idea that you go beyond that to what his general understanding was apart from the agreement is unfairly prejudicial and goes beyond the scope of what the cross was about, and the cross was deliberately incredibly targeted and tailored to avoid exactly this type of thing. And if we hadn't had the prior sidebar, Mr. Steel had a bunch of other questions he would have asked, but we deliberately tried to avoid opening this door. And it was extremely limited questioning. And the only response to any alleged misimpression, not to repeat myself, is to simply reinforce that he didn't read the agreement and didn't have that understanding at the time.
THE COURT: I understand the parties' positions. I need to take a quick look at the transcript.
(Continued on next page)
(In open court)
THE COURT: The prior objection made by the defense is sustained. Any further questions, Ms. Steiner?
MS. STEINER: Yes, briefly, your Honor.
MS. STEINER: Mr. Garcia, a moment ago, you said you did inform law enforcement about this incident. Do you recall saying that on my redirect?
EDDY GARCIA: Yes.
MS. STEINER: When you said that you informed law enforcement, were you referring to your conversations with federal law enforcement in 2024?
EDDY GARCIA: Yes.
MS. STEINER: So not in March of 2016?
EDDY GARCIA: No.
MS. STEINER: No further questions.
THE COURT: Thank you, Ms. Steiner. Anything further, Mr. Steel?
MR. STEEL: No. Thank you, sir.
THE COURT: Thank you very much. You may leave the stand.