DIRECT EXAMINATION BY MS. SMYSER:
MS. SMYSER: Good morning, Ms. Bongolan. You mentioned your name was Bryana. Do you go by any other names?
BRYANA BONGOLAN: Yes, Bana.
MS. SMYSER: How old are you?
BRYANA BONGOLAN: I am 33 years old.
MS. SMYSER: What is your profession?
BRYANA BONGOLAN: I'm a creative and marketing director for my own art agency.
MS. SMYSER: What kinds of work do you do for your art agency?
BRYANA BONGOLAN: Everything from like package design, to fashion design, to marketing.
MS. SMYSER: How long have you been doing design work?
BRYANA BONGOLAN: About 16 years.
MS. SMYSER: Ms. Gavin, could you please pull up what's in evidence as Government Exhibit 2A-101.
MS. SMYSER: Do you recognize this person?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Who is it?
BRYANA BONGOLAN: Sean Combs.
MS. SMYSER: Do you know Sean Combs by any other names?
BRYANA BONGOLAN: Puff.
MS. SMYSER: I want to direct your attention to late September 2016. Around that time, did you have any interactions with Mr. Combs?
BRYANA BONGOLAN: Yes.
MS. SMYSER: What did Mr. Combs do to you?
BRYANA BONGOLAN: I was held over a 17-story balcony.
MS. SMYSER: What did Mr. Combs do after he held you up on that 17-story balcony?
BRYANA BONGOLAN: Threw me onto the balcony furniture.
MS. SMYSER: And were you injured?
BRYANA BONGOLAN: Yes.
MS. SMYSER: How so?
BRYANA BONGOLAN: I had a bruise on the back of my leg, and back and neck pain.
MS. SMYSER: Did you have any mental effects from that?
BRYANA BONGOLAN: Yes. I have like -- like night-terrors and paranoia and I, like, scream in my sleep at times.
MS. SMYSER: We're going to talk more about that later in your testimony.
MS. SMYSER: First, Ms. Gavin, could you please pull up what's in evidence as Government Exhibit 2A-401.
MS. SMYSER: Do you recognize the person depicted here?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Who is this?
BRYANA BONGOLAN: Casandra Ventura.
MS. SMYSER: And do you know Ms. Ventura by any other names?
BRYANA BONGOLAN: Yes. Cassie and Cass.
MS. SMYSER: And how do you know Cassie?
BRYANA BONGOLAN: She's one of my close friends.
MS. SMYSER: Are you still friends today?
BRYANA BONGOLAN: Yes.
MS. SMYSER: You can take that down, Ms. Gavin.
MS. SMYSER: When did you first cross paths with Cassie?
BRYANA BONGOLAN: Probably around like 2023, 2024 at a company called Young & Reckless.
MS. SMYSER: Okay. You said 2023, 2024, do you mean --
BRYANA BONGOLAN: Sorry.
MS. SMYSER: Why don't you clarify what you mean?
BRYANA BONGOLAN: I'm so sorry. 2013, 2014.
MS. SMYSER: And you mentioned that was at Young & Reckless?
BRYANA BONGOLAN: Yes.
MS. SMYSER: What is Young & Reckless?
BRYANA BONGOLAN: A streetwear company.
MS. SMYSER: Were you working there at the time?
BRYANA BONGOLAN: Yes.
MS. SMYSER: In what role?
BRYANA BONGOLAN: As a graphic designer.
MS. SMYSER: Did you have any personal interactions with Cassie while you were at Young & Reckless?
MS. SMYSER: Did there come a time when you did interact personally with Cassie?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Approximately when was that?
BRYANA BONGOLAN: Around 2014, 2015.
MS. SMYSER: And what were the circumstances of those first interactions with Cassie?
BRYANA BONGOLAN: It was at a company called Diamond Supply Co.
MS. SMYSER: What is Diamond Supply Co.?
BRYANA BONGOLAN: Another streetwear company.
MS. SMYSER: What did you do at Diamond Supply Co.?
BRYANA BONGOLAN: I was the head women's designer.
MS. SMYSER: How did Cassie come into the picture here?
BRYANA BONGOLAN: We hired her as like the co-designer.
MS. SMYSER: So what did you do with Cassie at Diamond Supply?
BRYANA BONGOLAN: My job was to pull out like designs and her thoughts in her head to create clothing collections with her.
MS. SMYSER: When you first met Cassie, was she in a relationship with anyone?
BRYANA BONGOLAN: Yes.
MS. SMYSER: With whom?
BRYANA BONGOLAN: Puff.
MS. SMYSER: Did you meet Cassie or Mr. Combs first?
BRYANA BONGOLAN: Cassie.
MS. SMYSER: And from what you saw, how would you describe their relationship?
BRYANA BONGOLAN: Volatile.
MS. SMYSER: What do you mean by that?
BRYANA BONGOLAN: Like a lot of ups and downs.
MS. SMYSER: At some point did your relationship with Cassie become a personal one and not just a professional one?
BRYANA BONGOLAN: Yes.
MS. SMYSER: About how long after meeting Cassie did you meet Mr. Combs?
BRYANA BONGOLAN: About a year.
MS. SMYSER: Why did you not meet him earlier than that?
BRYANA BONGOLAN: I just didn't -- I wasn't really fond of what I was, like, seeing, so I wasn't really wanting to meet him right away.
MS. SMYSER: And just generally, what had you seen?
BRYANA BONGOLAN: Just like, like, phone calls, like she seemed upset, or like a black eye.
MS. SMYSER: So who seemed upset on the phone?
BRYANA BONGOLAN: Cassie.
MS. SMYSER: Who did you understand she was talking to?
BRYANA BONGOLAN: Puff.
MS. SMYSER: And who had a black eye?
BRYANA BONGOLAN: Cassie.
MS. SMYSER: We'll talk more about that black eye later in your testimony. Why did you finally agree to meet Mr. Combs?
BRYANA BONGOLAN: She basically kind of, like, begged me.
MS. SMYSER: Who begged you?
BRYANA BONGOLAN: Cassie.
MS. SMYSER: And after meeting Mr. Combs, how often did you see him with Cassie?
BRYANA BONGOLAN: Sporadically.
MS. SMYSER: Did you do any design work for Mr. Combs?
BRYANA BONGOLAN: Yes.
MS. SMYSER: On approximately how many occasions?
BRYANA BONGOLAN: Just a few.
MS. SMYSER: I want to talk more, Ms. Bongolan, about the time you were spending with Cassie. Where would you two typically hang out?
BRYANA BONGOLAN: Her apartment in Los Angeles.
MS. SMYSER: Where was her apartment?
BRYANA BONGOLAN: In Los Angeles.
MS. SMYSER: Was it on a particular street in Los Angeles?
BRYANA BONGOLAN: Yes, on Comstock.
MS. SMYSER: Where was Mr. Combs living at the time?
BRYANA BONGOLAN: I believe on Mapleton.
MS. WESTMORELAND: Objection. Speculation.
THE COURT: Ms. Smyser, if you want to ask some questions to lay a foundation.
MS. SMYSER: Were you aware of where Mr. Combs was living at that time?
BRYANA BONGOLAN: Not right away.
MS. SMYSER: Did there come a point in time where you learned where Mr. Combs was living?
BRYANA BONGOLAN: Yes.
MS. SMYSER: How did you know where he was living?
BRYANA BONGOLAN: I got invited there.
MS. SMYSER: And so where was Mr. Combs living at the time?
BRYANA BONGOLAN: Mapleton I believe in like Beverly Hills.
MS. SMYSER: And where was Cassie's Comstock apartment in relation to Mr. Combs' Mapleton home?
BRYANA BONGOLAN: Pretty close by.
MS. SMYSER: What kinds of things would you and Cassie do when you were hanging out at her home?
BRYANA BONGOLAN: We would work on designs. We would talk about things we liked doing. And get high.
MS. SMYSER: So you would do drugs?
BRYANA BONGOLAN: Yes.
MS. SMYSER: What kinds of drugs would you and Cassie do together?
BRYANA BONGOLAN: A lot of marijuana. Occasionally cocaine, ketamine, stuff like that.
MS. SMYSER: And how if at all did your drug use with Cassie change over time?
BRYANA BONGOLAN: It definitely created, like, a habit.
MS. SMYSER: Would any other friends regularly hang out with you and Cassie?
BRYANA BONGOLAN: Yes.
MS. SMYSER: And who are some of those people?
BRYANA BONGOLAN: In the beginning, there was Mia. And then if Kerry was in town, Kerry would be there. Deonte and Rob Holladay.
MS. SMYSER: So I want to talk a little bit more about Rob Holladay. When did you first meet Rob?
BRYANA BONGOLAN: A while ago. Even before Cassie.
MS. SMYSER: And what is his profession?
BRYANA BONGOLAN: He's a producer.
MS. SMYSER: And what was your relationship with Rob?
BRYANA BONGOLAN: He was one of my best friends.
MS. SMYSER: We'll come back to Rob later. Were there times when you and Cassie were hanging out that you went shopping?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Ms. Gavin, could you please display for the witness, the Court, and the parties what's been marked for identification as Government Exhibit 3S-106.
MS. SMYSER: Ms. Bongolan, do you recognize this?
BRYANA BONGOLAN: Yes.
MS. SMYSER: What is it?
BRYANA BONGOLAN: It's a picture from shopping together at a place called Church.
MS. SMYSER: How do you know that?
BRYANA BONGOLAN: Because I took this picture.
MS. SMYSER: Is it a fair and accurate representation of you and Cassie on a shopping trip together?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Your Honor, the government offers Government Exhibit 3S-106.
MS. WESTMORELAND: No objection.
THE COURT: 3S-106 will be admitted.
(Government's Exhibit 3S-106 received in evidence)
MS. SMYSER: Ms. Gavin, would you please publish this for the jury.
MS. SMYSER: Ms. Bongolan, could you tell the jury who is in this photograph?
BRYANA BONGOLAN: Cassie and myself.
MS. SMYSER: Approximately when was this taken?
BRYANA BONGOLAN: Early 2016.
MS. SMYSER: And this, the date on this photograph is April 30th, 2016. Was it sometime around that time?
BRYANA BONGOLAN: Yes.
MS. SMYSER: What were you and Cassie doing this day?
BRYANA BONGOLAN: Getting nails done, going shopping, stuff like that.
(Continued on next page)
BY MS. SMYSER: (Continued)
MS. SMYSER: Was Mr. Combs with you?
MS. SMYSER: Are you aware of any communication between Mr. Combs and Cassie during that shopping trip?
BRYANA BONGOLAN: Yes.
MS. SMYSER: How do you know about that communication?
BRYANA BONGOLAN: Cassie showed me.
MS. SMYSER: What was the general nature of the communication?
BRYANA BONGOLAN: Where she was.
MS. SMYSER: And what, if anything, did Mr. Combs say about where Cassie was?
BRYANA BONGOLAN: It had like listed all the places we had been to.
MS. SMYSER: Mr. Combs sent a list of all the places you and Cassie had been?
MS. GERAGOS: Objection.
THE COURT: The question needs to be rephrased.
MS. SMYSER: Just repeat again exactly what Mr. Combs sent to Cassie?
BRYANA BONGOLAN: She had shown me her phone, and there was a list of places.
MS. SMYSER: And what were those places?
BRYANA BONGOLAN: All the places we had been to that day.
MS. SMYSER: As far as you were aware, had either you or Cassie told Mr. Combs where you were that afternoon?
MS. SMYSER: How did it make you feel when you got this list of places?
MS. WESTMORELAND: Objection.
THE COURT: Overruled.
BRYANA BONGOLAN: Oh, man. Like oh, wow, like, he really knows where we're at.
MS. SMYSER: And what did you and Cassie do after you got this list from Mr. Combs?
BRYANA BONGOLAN: We went home shortly to her place.
MS. SMYSER: You can take that down, Ms. Gavin.
MS. SMYSER: Were there times that you stayed over at Cassie's apartment?
BRYANA BONGOLAN: Yes.
MS. SMYSER: How often?
BRYANA BONGOLAN: Pretty often.
MS. SMYSER: Where would you sleep when you stayed over at Cassie's?
BRYANA BONGOLAN: Anywhere from the couch, the balcony, or her bed.
MS. SMYSER: Were there times when Mr. Combs came over to Cassie's apartment when you were there?
BRYANA BONGOLAN: Yes.
MS. SMYSER: When typically would he come over?
BRYANA BONGOLAN: In the middle of the night.
MS. SMYSER: What did Mr. Combs do when he would come over in the middle of the night?
BRYANA BONGOLAN: He would bang on the door.
MS. SMYSER: How loudly?
BRYANA BONGOLAN: Pretty loud.
MS. SMYSER: Would he get inside the apartment?
BRYANA BONGOLAN: Yes.
MS. SMYSER: How?
BRYANA BONGOLAN: Honestly, I don't know.
MS. SMYSER: How did Cassie react when Mr. Combs would come over in the middle of the night and bang on the door?
BRYANA BONGOLAN: Sometimes surprised, and sometimes it just seemed like it was normal.
MS. SMYSER: Did you ever witness violence between Mr. Combs and Cassie when Mr. Combs came over in the middle of the night?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Once or more than once?
BRYANA BONGOLAN: I can only really remember one time.
MS. SMYSER: So let's talk about that time. Do you remember when that was?
BRYANA BONGOLAN: I don't remember the time.
MS. SMYSER: What were you doing before Mr. Combs got to the apartment?
BRYANA BONGOLAN: I was sleeping.
MS. SMYSER: Did there come a time when you were woken up?
BRYANA BONGOLAN: Yes.
MS. SMYSER: How were you woken up?
BRYANA BONGOLAN: By the banging.
MS. SMYSER: And who was banging?
BRYANA BONGOLAN: Puff was banging the door.
MS. SMYSER: Where was Cassie at this time?
BRYANA BONGOLAN: Her bedroom.
MS. SMYSER: What, if anything, did Cassie do in response to the banging?
BRYANA BONGOLAN: Came out of her bedroom.
MS. SMYSER: Did Mr. Combs get into the apartment?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Do you know how?
MS. SMYSER: What, if anything, was Mr. Combs saying when he got into the apartment?
BRYANA BONGOLAN: I don't know what he was saying.
MS. SMYSER: What was his tone of voice?
BRYANA BONGOLAN: Upset.
MS. SMYSER: And after Mr. Combs got into the apartment, what do you remember him doing?
BRYANA BONGOLAN: I just remember seeing a knife get thrown in her direction.
MS. SMYSER: And where -- from what direction did the knife come?
BRYANA BONGOLAN: He was standing by the entry door.
MS. SMYSER: Okay. So was the knife thrown from the entry door?
MS. WESTMORELAND: Objection.
THE COURT: That's overruled.
MS. SMYSER: You can answer.
BRYANA BONGOLAN: The -- he threw the knife in Cassie's direction.
MS. SMYSER: And where was Cassie at the time that Mr. Combs threw the knife?
BRYANA BONGOLAN: In the hallway that leads to her room.
MS. SMYSER: How close was that to where Mr. Combs was standing?
BRYANA BONGOLAN: I would say pretty close.
MS. SMYSER: How did Cassie react when a knife was thrown in her direction?
BRYANA BONGOLAN: She threw the knife back.
MS. SMYSER: And did the knife hit Mr. Combs?
MS. SMYSER: Do you remember how this incident ended?
BRYANA BONGOLAN: He left swiftly.
MS. SMYSER: Who left swiftly?
BRYANA BONGOLAN: Puff.
MS. SMYSER: Were you doing drugs that night?
BRYANA BONGOLAN: I don't remember.
MS. SMYSER: Do you remember all the details of this incident?
MS. SMYSER: Did you call the police?
MS. SMYSER: Why not?
BRYANA BONGOLAN: Because I was scared.
MS. SMYSER: And why were you scared?
BRYANA BONGOLAN: I was just scared of Puff.
MS. SMYSER: And why were you scared of Mr. Combs at this time?
BRYANA BONGOLAN: Everything I was seeing.
MS. SMYSER: Do the things that you've described from this night, Mr. Combs throwing the knife, do those stick out in your mind?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Did you see any injuries on Cassie this night?
MS. SMYSER: Were there any other times you saw injuries on her?
BRYANA BONGOLAN: Yes.
MS. SMYSER: What was Cassie doing the first time you saw an injury on her?
BRYANA BONGOLAN: She was FaceTiming me.
MS. SMYSER: And what was she doing on the FaceTime?
BRYANA BONGOLAN: She was -- I believe she was about to get ready for makeup.
MS. SMYSER: Makeup for what?
BRYANA BONGOLAN: To get ready for a movie premier.
MS. SMYSER: What movie premier?
BRYANA BONGOLAN: The Perfect Match.
MS. SMYSER: So you were communicating with her over FaceTime?
BRYANA BONGOLAN: Yes.
MS. SMYSER: What did you see on the FaceTime?
BRYANA BONGOLAN: She just panned from one side of her face to the other.
MS. SMYSER: Cassie did?
BRYANA BONGOLAN: Yes.
MS. SMYSER: And what did you see when Cassie panned from one side of her face to the other?
BRYANA BONGOLAN: Her black eye.
MS. SMYSER: How did you react when you saw the black eye on Cassie's face?
BRYANA BONGOLAN: I was a little quiet, and I remember saying I'm sorry.
MS. SMYSER: What, if anything, did Cassie do in response?
BRYANA BONGOLAN: She was also pretty quiet.
MS. SMYSER: Was this the only time you saw injuries on Cassie?
MS. SMYSER: What other kinds of injuries did you see?
BRYANA BONGOLAN: Just bruises randomly.
MS. SMYSER: Ms. Bangolan, next I want to direct your attention to one of Cassie's birthday parties. Did you attend her 29th birthday party?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Where was the party?
BRYANA BONGOLAN: At a place called Blind Dragon.
MS. SMYSER: What is Blind Dragon?
BRYANA BONGOLAN: It's a karaoke nightclub.
MS. SMYSER: In what city?
BRYANA BONGOLAN: It's in West Hollywood.
MS. SMYSER: Who were some of the people who were at the party?
BRYANA BONGOLAN: I know that Deonte was there, Tiffany Red, Puff, security guards, and maybe Carrie if she was in town.
MS. SMYSER: Did you see any interactions between Cassie and Mr. Combs at the karaoke bar?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Were they getting along?
BRYANA BONGOLAN: In the beginning.
MS. SMYSER: Did that change?
BRYANA BONGOLAN: Yes.
MS. SMYSER: What did you observe?
BRYANA BONGOLAN: They were fighting.
MS. SMYSER: Who was with them at the time?
BRYANA BONGOLAN: Just them and the security guards.
MS. SMYSER: Did you see Cassie during this fight?
BRYANA BONGOLAN: When I -- I couldn't see a lot, but in between the security guards occasionally.
MS. SMYSER: And how did Cassie appear from what you could see?
BRYANA BONGOLAN: She just seemed upset.
MS. SMYSER: Where did you go after the karaoke bar?
BRYANA BONGOLAN: To her apartment on Comstock.
MS. SMYSER: To whose apartment?
BRYANA BONGOLAN: Cassie's.
MS. SMYSER: What, if anything, did Cassie do at her apartment?
BRYANA BONGOLAN: She was just getting ready with Deonte to leave.
MS. SMYSER: And what were she and Deonte doing?
BRYANA BONGOLAN: Just packing her bag.
MS. SMYSER: What did Cassie do after her bag was packed?
BRYANA BONGOLAN: She left.
MS. SMYSER: Did you see where she went?
BRYANA BONGOLAN: I did not see where she went.
MS. SMYSER: Ms. Bongolan, before we move on, did you receive a subpoena requiring you to testify at this trial?
BRYANA BONGOLAN: Yes.
MS. SMYSER: And is there also an order compelling you to testify even though your testimony might incriminate yourself?
BRYANA BONGOLAN: Yes.
MS. SMYSER: What is your understanding of what that order requires you to do?
BRYANA BONGOLAN: To just be truthful.
MS. SMYSER: And what is your understanding of the protections you get under this order if you are truthful?
BRYANA BONGOLAN: That I won't get in trouble.
MS. SMYSER: Does this order protect you if you intentionally make false statements today?
MS. SMYSER: In other words, can you still be prosecuted for perjury if you lie?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Next I want to talk about some of your interactions with Mr. Combs. Were there ever times that Mr. Combs provided you with drugs?
BRYANA BONGOLAN: Yes.
MS. SMYSER: About how many times?
BRYANA BONGOLAN: A few, maybe like three or four.
MS. SMYSER: What drugs did he provide you?
BRYANA BONGOLAN: Ecstasy, cocaine, ketamine and G.
MS. SMYSER: You mentioned G. What is that?
BRYANA BONGOLAN: I don't know completely because I'm not like an avid user, but I believe it stems from like GHB.
MS. SMYSER: Were there any drugs that you had not done before Mr. Combs provided them to you?
MS. SMYSER: Did you see Mr. Combs do any drugs himself?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Approximately how many times?
BRYANA BONGOLAN: Just a few.
MS. SMYSER: What drugs did you see him do?
BRYANA BONGOLAN: Marijuana, ketamine, and cocaine.
MS. SMYSER: Were there ever times that you did drugs with Cassie when Mr. Combs was not present?
BRYANA BONGOLAN: Yes.
MS. SMYSER: How frequently did that happen?
BRYANA BONGOLAN: Pretty often.
MS. SMYSER: How often, say, per month?
BRYANA BONGOLAN: I would say weekly.
MS. SMYSER: Did the frequency change over time at all?
BRYANA BONGOLAN: Yes.
MS. SMYSER: How did it change?
BRYANA BONGOLAN: Just when we were around each other.
MS. SMYSER: Did it become more or less over time?
BRYANA BONGOLAN: More.
MS. SMYSER: And what kinds of drugs did you and Cassie use together?
BRYANA BONGOLAN: Marijuana, cocaine, ketamine.
MS. SMYSER: Where did those drugs come from?
BRYANA BONGOLAN: I would have them. She would have them.
MS. SMYSER: How often did you get drugs for Cassie?
BRYANA BONGOLAN: Often.
MS. SMYSER: What kinds of drugs did you get for her?
BRYANA BONGOLAN: Those oxy pills and cocaine and sometimes ketamine.
MS. SMYSER: Did Cassie pay you for these drugs?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Did you ever get drugs for Mr. Combs?
BRYANA BONGOLAN: Yes.
MS. SMYSER: How many times?
BRYANA BONGOLAN: Just a few.
MS. SMYSER: What did you get?
BRYANA BONGOLAN: Ecstasy and ketamine and G.
MS. SMYSER: Is that what you got for Mr. Combs?
MS. SMYSER: Was there ever a time where you got drugs for Mr. Combs?
BRYANA BONGOLAN: Just one time.
MS. SMYSER: What did you get him on that occasion?
BRYANA BONGOLAN: Cocaine.
MS. SMYSER: You had just mentioned a few other drugs: Ketamine, G, ecstasy. Were those drugs that Mr. Combs had given you?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Were you selling drugs to other people?
BRYANA BONGOLAN: Not often, but yes.
MS. SMYSER: Were there ever times that you and Cassie tried to stop doing drugs?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Why did you want to stop doing drugs?
BRYANA BONGOLAN: Because we wanted to do better.
MS. SMYSER: What would you do together instead of doing drugs?
BRYANA BONGOLAN: We would try to cook.
MS. SMYSER: You would try to cook?
BRYANA BONGOLAN: Yeah.
MS. SMYSER: Would these periods of sobriety ever last?
MS. SMYSER: Why not?
BRYANA BONGOLAN: It was hard to get sober if, you know, there's a lot of drugs around.
MS. SMYSER: I want to shift topics now, Ms. Bongolan. Has Mr. Combs ever threatened you?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Ms. Gavin, could you please pull up what is marked for identification as Government Exhibit 3S-105. Do you recognize this? A. Yes.
MS. SMYSER: What is it?
BRYANA BONGOLAN: A picture of took of a best friend I had at the time, and Cassie.
MS. SMYSER: And how do you know?
BRYANA BONGOLAN: Because I took the picture.
MS. SMYSER: Is it a fair and accurate representation from the photo shoot?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Your Honor, the government offers Government Exhibit 3S-105.
MS. WESTMORELAND: No objection.
THE COURT: 3S-105 will be admitted.
(Government's Exhibit 3S-105 received in evidence)
MS. SMYSER: Ms. Gavin, could you please display this for the jury?
MS. SMYSER: Ms. Bongolan could you explain where this photo is from?
BRYANA BONGOLAN: Yes, it's in Malibu.
MS. SMYSER: Approximately when was this photo taken?
BRYANA BONGOLAN: Early 2016.
MS. SMYSER: And the date here is April 24, 2016. Is that approximately correct?
BRYANA BONGOLAN: Yes.
MS. SMYSER: You said you took the photo?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Who is in the photo?
BRYANA BONGOLAN: This photographer that goes by Bad Boi, but with a I, and Cassie.
MS. SMYSER: So this photographer Bad Boi, do you know if he has any relation to Bad Boy Records or Bad Boy Entertainment?
BRYANA BONGOLAN: No. It was just his name.
MS. SMYSER: And why were you all on the beach that day?
BRYANA BONGOLAN: Well, we just thought it was cool his name was Bad Boi, and he happened to be a good friend of mine and just make some art.
MS. SMYSER: Was Mr. Combs there?
BRYANA BONGOLAN: Not at the photo shoot but in the house.
MS. SMYSER: And where is the house located?
BRYANA BONGOLAN: Like -- you could say that's the back yard but it's just the beach, so in front of it.
MS. SMYSER: So is the house close to the beach?
BRYANA BONGOLAN: Yes.
MS. SMYSER: In what city is this house?
BRYANA BONGOLAN: Malibu, California.
MS. SMYSER: What, if any, interaction did you have with Mr. Combs on the day of this shoot?
BRYANA BONGOLAN: He came up to me and said some stuff.
MS. SMYSER: What did he say to you?
BRYANA BONGOLAN: He came up really close to my face and said something on the lines like "I'm the devil and I could kill you."
MS. SMYSER: Had Mr. Combs ever said anything like that to you before?
MS. SMYSER: Did you have any understanding of why he was saying that?
MS. SMYSER: Did Mr. Combs appear high to you?
BRYANA BONGOLAN: I -- I couldn't tell.
MS. SMYSER: Were you taking drugs that day?
BRYANA BONGOLAN: I probably was.
MS. SMYSER: And what would -- what were you likely taking?
BRYANA BONGOLAN: Cocaine.
MS. SMYSER: How did you react to this threat?
BRYANA BONGOLAN: I was terrified but because of the cocaine, I had a little confidence to just brush it off.
MS. SMYSER: And did you continue to see Mr. Combs after that?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Why?
BRYANA BONGOLAN: Honestly, I don't know.
MS. SMYSER: Did you continue to hang out with Cassie after Mr. Combs made that threat?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Why?
BRYANA BONGOLAN: Our friendship, but I don't know.
MS. SMYSER: Ms. Bongolan, before your testimony today, have you met with the government?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Do you remember if you told the prosecutors about this threat in your first meeting?
BRYANA BONGOLAN: I don't remember.
MS. SMYSER: If you didn't tell them, why would that have been?
MS. WESTMORELAND: Objection?
THE COURT: Sustained.
MS. SMYSER: Ms. Bongolan, does this threat stick out in your mind?
BRYANA BONGOLAN: Yes.
MS. SMYSER: What were the circumstances of your first meeting with the government?
BRYANA BONGOLAN: Could you explain that?
MS. SMYSER: Yes. What was your understanding of what the purpose of your first meeting with the government would be?
BRYANA BONGOLAN: I just thought it would be like a meet and greet, like, hey, like.
MS. SMYSER: Did you understand you'd have to talk about the details of every event?
BRYANA BONGOLAN: Not fully.
MS. SMYSER: Your Honor, I'm about to enter a new topic. We could stop here or I could continue going.
THE COURT: Let's take our break for lunch. Thank you, members of the jury. I will give you the same instructions I always do. Don't speak with each other about the case. Don't look up anything about the case. And don't talk to anyone about the case. With that, enjoy your lunch, and we'll be back a little after 1:00, like 1:05, 1:10. All rise for the jury.
(Jury not present)
THE COURT: Ms. Bongolan you can leave the stand now. We'll call you back a little after 1:00 p.m. Thank you very much.
(Witness not present)
THE COURT: Please be seated. Anything to address before we take our lunch break? Anything from the government?
MS. SMYSER: No, your Honor.
THE COURT: Anything from the defense?
MR. AGNIFILO: One second, Judge. Nothing. Nothing Judge.
THE COURT: So we will try to be back at 1:00 p.m. so we can get started shortly after 1:00 p.m.
MR. AGNIFILO: Thank you, Judge.
(Luncheon recess)
(Continued on next page)
AFTERNOON SESSION 1:00 p.m.
(Jury not present)
THE COURT: Anything to address before we bring back the witness and the jury?
MS. COMEY: No disputes I'm aware of, knock on wood. A few things logistically to put on your Honor's radar. Given the timing today, we think it's unlikely we'll get to Jane. She's here. She'll be ready to go on if we go much more quickly than expected this afternoon. We think it's unlikely we'll get to her today. We would though, if Ms. Bongolan's testimony pushes up against the 3:00 end time, we would like the Court's indulgence to call Enrique Santos at the end of the day because his testimony will be about 15 or 20 minutes, and it will help explain how to read some of the reports that contain text messages that the jury will see a lot of during Jane's testimony. So our hope is, if the Court is all right with it, that we could put Mr. Santos on the stand at the end of the day.
THE COURT: That's fine.
MS. COMEY: Great. Thank you, your Honor. The only thing I think the parties have been conferring about a proposed instruction about the pseudonym order before Jane's testimony. Given we don't think she'll take the stand until tomorrow, we'll send it shortly, and I don't think we need to discuss it until after the end of the day.
THE COURT: Very good.
MS. COMEY: Thank you, your Honor.
THE COURT: Anything from the defense?
MR. AGNIFILO: Nothing, Judge. Thank you.
THE COURT: Let's bring the witness back out.
MS. SMYSER: Your Honor, we're just having some tech issues, so IT is here to fix them, which hopefully they'll be resolved very quickly.
THE COURT: Do you need a couple minutes?
MS. SMYSER: Just a few minutes I think would be great, your Honor.
THE COURT: I see that there is a work in progress.
(Continued on next page)
(Jury present)
THE COURT: Welcome back, members of the jury. We're trying to fix a tech issue here. Just give us a second, and we'll see if we can get it resolved. As you can see, we have some real cooperation between the parties here. So it's always good to see.
MS. COMEY: Your Honor, in case we can't solve this, I'm going to go print some paper copies so we can at least try and move it along.
THE COURT: Members of the jury, we've got to do some work under the table and look at the wires, so it should be done in a few minutes. I'm going to ask you to retire to the jury room for your comfort and we'll call you back out in a few minutes.
(Jury not present)
THE COURT: With that, we will bring back our jury.
(Jury present)
THE COURT: Thank you, members of the jury. And apologies for having to make you come back in and out. The good news is every time you come in, everyone stands, so good for you. Ms. Bongolan, do you understand you are still under oath?
BRYANA BONGOLAN: Yes.
THE COURT: Ms. Smyser, you may proceed when ready.
MS. SMYSER: Thank you, your Honor. DIRECT EXAMINATION CONTINUED
BY MS. SMYSER:
MS. SMYSER: Ms. Bongolan, earlier today you testified about an incident with Mr. Combs on a balcony, do you remember that?
BRYANA BONGOLAN: Yes.
MS. SMYSER: I want to walk through the details of that incident with you.
BRYANA BONGOLAN: Okay.
MS. SMYSER: Approximately when did this take place?
BRYANA BONGOLAN: Early in the morning.
MS. SMYSER: Around what month and year?
BRYANA BONGOLAN: Like September 2016.
MS. SMYSER: Where were you when this happened?
BRYANA BONGOLAN: On the balcony.
MS. SMYSER: Of whose apartment?
BRYANA BONGOLAN: Cassie's apartment on Comstock.
MS. SMYSER: Mr. McCleod, can you please pull up what's in evidence as Government Exhibit 2B-107. We can display it for the jury too.
MS. SMYSER: Ms. Bongolan, do you recognize this?
BRYANA BONGOLAN: Yes.
MS. SMYSER: What is it?
BRYANA BONGOLAN: Cassie's condo.
MS. SMYSER: Where was Cassie's apartment located in this building?
BRYANA BONGOLAN: On the 17th story.
MS. SMYSER: You can take that down.
MS. SMYSER: Who else was in Cassie's apartment that night?
BRYANA BONGOLAN: Cassie herself and my ex-girlfriend at the time.
MS. SMYSER: Where was Cassie?
BRYANA BONGOLAN: In her bedroom.
MS. SMYSER: What were you doing that night?
BRYANA BONGOLAN: Sleeping.
MS. SMYSER: Where were you sleeping?
BRYANA BONGOLAN: On the couch.
MS. SMYSER: Was there anyone with you?
BRYANA BONGOLAN: Yes, my ex.
MS. SMYSER: Had you been doing drugs that night?
BRYANA BONGOLAN: I don't recall.
MS. SMYSER: Did there come a time when Mr. Combs came to the apartment that night?
BRYANA BONGOLAN: Yes.
MS. SMYSER: What did Mr. Combs do when he got to the door?
BRYANA BONGOLAN: Bang on the door.
MS. SMYSER: How loud was the banging?
BRYANA BONGOLAN: Very loud.
MS. SMYSER: Did you wake up?
BRYANA BONGOLAN: Yes.
MS. SMYSER: At that time that Mr. Combs was banging on the door, how were you feeling?
BRYANA BONGOLAN: Stressed out.
MS. SMYSER: What did you do when he banged on the door?
BRYANA BONGOLAN: I woke up, and my ex was awake. And I like rushed her right to the guest bathroom.
MS. SMYSER: And what did you do with your ex in the bathroom?
BRYANA BONGOLAN: I went like this (indicating) and said shhh.
MS. SMYSER: Are you putting your finger in front of your mouth?
BRYANA BONGOLAN: Yes. And then I closed the door, and then I ran to the balcony.
MS. SMYSER: Why did you hide your ex-girlfriend in the bathroom?
BRYANA BONGOLAN: Because I didn't want to expose her to things that I see.
MS. SMYSER: Why -- you said you went out to the balcony?
BRYANA BONGOLAN: Yeah.
MS. SMYSER: Why did you go out on the balcony?
BRYANA BONGOLAN: To act casual, look for a blunt.
MS. SMYSER: What were you doing on the balcony at this time?
BRYANA BONGOLAN: I was it either -- I either lit the blunt or I was about to light it.
MS. SMYSER: Mr. McCleod, can you please pull up what is marked for identification just for the witness, the Court and the parties as Government Exhibit 3S-104.
MS. SMYSER: Ms. Bongolan, do you recognize this?
BRYANA BONGOLAN: Yes.
MS. SMYSER: What is it?
BRYANA BONGOLAN: The balcony, Cassie's balcony.
MS. SMYSER: How do you know that?
BRYANA BONGOLAN: Because I've been there.
MS. SMYSER: And is it a fair and accurate depiction of what that balcony looks like?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Your Honor, the government offers Government Exhibit 3S-104.
THE COURT: 3S-104 will be admitted.
(Government's Exhibit 3S-104 received in evidence)
MS. SMYSER: Could you please display that for the jury.
MS. SMYSER: Ms. Bongolan, could you just explain to the jury where you were on the balcony when Mr. Combs was banging on the door.
BRYANA BONGOLAN: Close to the edge, somewhere in the middle.
MS. SMYSER: And do you see that ledge on the balcony?
BRYANA BONGOLAN: Yes.
MS. SMYSER: About how high is that?
BRYANA BONGOLAN: Not that high. Like I could lean over it and smoke.
MS. SMYSER: And about how tall are you?
BRYANA BONGOLAN: About five-one.
MS. SMYSER: And how high up on you does it come?
BRYANA BONGOLAN: Like my waist.
MS. SMYSER: Did Mr. Combs get inside the apartment?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Do you know how he got in?
MS. SMYSER: What did he do after he got in the apartment from what you could see?
BRYANA BONGOLAN: Well, I couldn't see because I was facing the view, but he basically came up from behind me.
MS. SMYSER: Mr. Combs was behind you on the balcony?
BRYANA BONGOLAN: Yes.
MS. SMYSER: And what -- what's the first thing he did when he was behind you on the balcony?
BRYANA BONGOLAN: He lifted me up, and then put me on top of the rail.
MS. SMYSER: Could you just explain what his hands did when he lifted you up?
BRYANA BONGOLAN: Like to myself?
MS. SMYSER: Yeah, just walk us through it.
BRYANA BONGOLAN: All right. So he came up from behind and then into my armpit and then up. Yeah.
MS. SMYSER: Before he did -- before he lifted you up, did he do anything with his hands?
BRYANA BONGOLAN: It just came up on my chest, and it came down.
MS. SMYSER: You said he held you up on the balcony, is that right?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Approximately how much did you weigh around this time?
BRYANA BONGOLAN: I can't like pinpoint a number because of the drugs, but I know I was probably around 100 to 115 pounds.
MS. SMYSER: How much bigger is Mr. Combs than you?
BRYANA BONGOLAN: Bigger.
MS. SMYSER: What did you say?
BRYANA BONGOLAN: Bigger.
MS. SMYSER: When Mr. Combs held you up, where were your feet?
BRYANA BONGOLAN: They were on the rail.
MS. SMYSER: And what were you doing with your body when your feet were on the rail?
BRYANA BONGOLAN: I was trying not to slip and pushing back on him.
MS. SMYSER: Why were you pushing back on Mr. Combs?
BRYANA BONGOLAN: Because I was scared to fall.
MS. SMYSER: And what were you thinking when Mr. Combs was holding you up on that 17th floor balcony?
MS. WESTMORELAND: Objection.
THE COURT: Overruled.
MS. SMYSER: You can answer.
BRYANA BONGOLAN: For a split second I was thinking about if I was going to fall, but for the most part he was yelling at me so I was trying to answer him.
MS. SMYSER: Let's talk about that. What was Mr. Combs saying to you on the balcony?
BRYANA BONGOLAN: He kept repeating like "You know what the fuck you did."
MS. SMYSER: Did you know what he was talking about?
BRYANA BONGOLAN: I have no idea.
MS. SMYSER: Sitting here today, do you have any idea what he was talking about?
BRYANA BONGOLAN: I still have no idea.
MS. SMYSER: What, if anything, did you say back?
BRYANA BONGOLAN: Like, around like "I don't know what the fuck I did."
MS. SMYSER: And what was Mr. Combs' tone of voice when he was talking to you?
BRYANA BONGOLAN: He was yelling at me.
MS. SMYSER: Was it loud?
BRYANA BONGOLAN: Yes.
MS. SMYSER: How long was Mr. Combs holding you on the balcony?
BRYANA BONGOLAN: I don't know, but if you repeat the words a few times over and over again, it's like, you know, over 10, 15 seconds.
MS. SMYSER: And what words are you talking about?
BRYANA BONGOLAN: "You know what the fuck you did."
MS. SMYSER: Did Mr. Combs say that one time or multiple times?
BRYANA BONGOLAN: Multiple times.
MS. SMYSER: When Mr. Combs is holding you up, where are you facing?
BRYANA BONGOLAN: I'm facing the view.
MS. SMYSER: What did Mr. Combs do after he held you up on the balcony?
BRYANA BONGOLAN: He threw me on the balcony furniture.
MS. SMYSER: Was that furniture outside?
BRYANA BONGOLAN: Yes.
MS. SMYSER: How did it feel when he threw you on the balcony furniture?
BRYANA BONGOLAN: It definitely hurt, but I think all the adrenaline, I just got up.
MS. SMYSER: So at that time when Mr. Combs threw you on the furniture, did you know if you were injured or not?
BRYANA BONGOLAN: Not right away.
MS. SMYSER: Where was Cassie at this time?
BRYANA BONGOLAN: She was in her bedroom.
MS. SMYSER: Did there come a time she came out to the balcony?
BRYANA BONGOLAN: Yeah. Not on the balcony, but right by the door, and as I'm like falling, I hear her voice.
MS. SMYSER: What was her tone of voice?
BRYANA BONGOLAN: Kind of like umm -- like in disbelief a little bit.
MS. SMYSER: And what was she saying?
MS. WESTMORELAND: Objection.
THE COURT: The basis for eliciting that testimony?
MS. SMYSER: Your Honor, it's to Cassie's reaction; it's not hearsay.
THE COURT: It's overruled. Why don't you ask the question again.
MS. SMYSER: Ms. Bongolan, when you were on the balcony, what did you hear Cassie say?
BRYANA BONGOLAN: Around the lines of "Did you just hang her over the balcony?"
MS. SMYSER: What did Mr. Combs do after Cassie asked did you just hang her over the balcony?
BRYANA BONGOLAN: They were like talking together, and then I heard something like "her girlfriend is in like the house."
MS. SMYSER: And what happened after that?
BRYANA BONGOLAN: He swiftly left.
MS. SMYSER: Who swiftly left?
BRYANA BONGOLAN: Puff.
MS. SMYSER: What did you do after Mr. Combs left the apartment?
BRYANA BONGOLAN: I don't remember exactly what I did right away, but I ended up leaving.
MS. SMYSER: Where did you go after you left Cassie's apartment?
BRYANA BONGOLAN: I went to my apartment.
MS. SMYSER: What did you do at your apartment?
BRYANA BONGOLAN: I was shaking a lot, and then I -- I wanted to take a shower because I felt disgusted, and then I look over behind my leg, and I see a huge bruise.
MS. SMYSER: We'll talk about the bruise in just a moment. Ms. Bongolan, do you remember all the details of the incident that night?
MS. SMYSER: Do the details that you've talked about stick out in your mind?
BRYANA BONGOLAN: Yes.
MS. SMYSER: What, if any, physical injuries did you have as a result of that night?
BRYANA BONGOLAN: I had a -- that big bruise with like a -- it was like a piercing in the middle of it, and then I had back and neck pain, and --
MS. SMYSER: And Mr. McCleod, can you please pull up what has now been marked for identification as Government Exhibit 3S-102 for the witness, the Court, and the parties.
MS. SMYSER: Ms. Bongolan, do you recognize this?
BRYANA BONGOLAN: Yes.
MS. SMYSER: What is it?
BRYANA BONGOLAN: The back of my leg with a bruise.
MS. SMYSER: And how do you know?
BRYANA BONGOLAN: Because I took the picture.
MS. SMYSER: When did you take it?
BRYANA BONGOLAN: The same day.
MS. SMYSER: Is it a fair and accurate depiction of your leg that day?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Your Honor, the government offers Government Exhibit 3S-102.
MS. WESTMORELAND: No objection.
THE COURT: 3S-102 will be admitted. (Government's Exhibit 3S-102 received in evidence) are
MS. SMYSER: Could you please display that for the jury.
MS. SMYSER: Ms. Bongolan, could you just explain to the jury what they're looking at.
BRYANA BONGOLAN: That would be my leg with the bruise and the piercing in the middle.
MS. SMYSER: How did you get that injury?
BRYANA BONGOLAN: From being thrown on to the balcony furniture.
MS. SMYSER: And Mr. McCleod, could you now display for the Court, the witness, and the parties what has been marked for identification as Government Exhibit 3S-102A.
MS. SMYSER: Ms. Bongolan, do you recognize this?
BRYANA BONGOLAN: Yes.
MS. SMYSER: What is it?
BRYANA BONGOLAN: It's just another picture, but it shows the data behind it.
MS. SMYSER: Is it from the same time as the earlier picture?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Is it a fair and accurate representation of your leg?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Your Honor, the government offers Government Exhibit 3S-102A.
MS. WESTMORELAND: No objection.
THE COURT: 3S-102A will be admitted.
(Government's Exhibit 3S-102A received in evidence)
MS. SMYSER: Could you please display that for the jury?
MS. SMYSER: Is this also a photograph of your leg?
BRYANA BONGOLAN: Yes.
MS. SMYSER: The date here is September 26, 2016 at 9:45 a.m. Is that around the time the photograph was taken?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Who took the photograph?
BRYANA BONGOLAN: I did.
MS. SMYSER: Where did you take the photograph?
BRYANA BONGOLAN: My bathroom.
MS. SMYSER: Does the map at the bottom reflect where you were living at the time?
BRYANA BONGOLAN: Yes.
MS. SMYSER: You can take that down.
MS. SMYSER: Ms. Bongolan, what, if any, medical care did you seek after this incident?
BRYANA BONGOLAN: I just went to the chiropractor.
MS. SMYSER: How soon after did you go to the chiropractor?
BRYANA BONGOLAN: The same day.
MS. SMYSER: Why did you go to the chiropractor?
BRYANA BONGOLAN: Because I was freaked out, and I called my managers at the time and asked them what I should do.
MS. SMYSER: And what did they tell you?
BRYANA BONGOLAN: One of them told me to go to the chiropractor if I was too scared to do anything else.
MS. SMYSER: Were you in pain at that time?
BRYANA BONGOLAN: Yes.
MS. SMYSER: What, if anything, did the chiropractor ask you?
BRYANA BONGOLAN: Who did this to you?
MS. SMYSER: How did you respond?
BRYANA BONGOLAN: I was freaked out, and I just --
MS. WESTMORELAND: Objection.
THE COURT: Overruled.
MS. SMYSER: You can continue.
BRYANA BONGOLAN: I was freaked out, and then I just paid, and I took the neck brace and left.
MS. SMYSER: Did you tell the chiropractor who had done this to you?
MS. SMYSER: Why not?
BRYANA BONGOLAN: Because I was scared.
MS. SMYSER: Mr. McCleod, if you can, could you pull up what's been marked for identification as Government Exhibit 3S-101 side by side with 3S-101A. This is just for the Court, the witness, and the parties.
MS. SMYSER: Ms. Bongolan, do you recognize these?
BRYANA BONGOLAN: Yeah.
MS. SMYSER: What are they?
BRYANA BONGOLAN: It's a picture of my back.
MS. SMYSER: And how do you know that?
BRYANA BONGOLAN: Because my ex-girlfriend took it.
MS. SMYSER: Are these fair and accurate representations of your back?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Your Honor, the government offers Government Exhibit 3S-101 and 3S-101A?
MS. WESTMORELAND: No objection.
THE COURT: 3S-101 and 101A will be admitted.
(Government's Exhibits 3S-101 and 3S-101A received in evidence)
MS. SMYSER: Could you please display these for the jury.
MS. SMYSER: Looking here on the left side of the screen, Ms. Bongolan, what are we looking at?
BRYANA BONGOLAN: You said the one on the left?
MS. SMYSER: Mmm-hmm.
BRYANA BONGOLAN: I was taking a picture of my phone because it was an older phone, and I was struggling with air dropping it to my new phone.
MS. SMYSER: What does the photograph show?
BRYANA BONGOLAN: My back and my neck.
MS. SMYSER: Are there bandages on your back?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Who put those bandages there?
BRYANA BONGOLAN: I believe my ex-girlfriend.
MS. SMYSER: Why?
BRYANA BONGOLAN: Because I was showing her where the pain was, and she put the Band-Aids where it hurt.
MS. SMYSER: What are you wearing on your neck?
BRYANA BONGOLAN: A neck brace.
MS. SMYSER: Where did that come from?
BRYANA BONGOLAN: The chiropractor.
MS. SMYSER: Did you have neck pain at this time?
BRYANA BONGOLAN: Yes.
MS. SMYSER: And what caused your neck pain?
BRYANA BONGOLAN: Being slammed into the patio furniture. The balcony furniture, sorry.
MS. SMYSER: I just want to focus now on the right side of the screen. Mr. McCleod, if you could zoom in on the date in the middle of the right side of the screen.
MS. SMYSER: Ms. Bongolan, do you see this says September 30, 2016?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Do you know if this is when this photo was taken?
BRYANA BONGOLAN: Yes, around then.
MS. SMYSER: You said around that time?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Why do you say around that time?
BRYANA BONGOLAN: Because I didn't take the picture, so ...
MS. SMYSER: Was it sent to you?
BRYANA BONGOLAN: Yes.
MS. SMYSER: You can take that down. Thank you.
MS. SMYSER: Did you seek any additional medical care at this time?
BRYANA BONGOLAN: Not right away.
MS. SMYSER: And why didn't you seek more medical care at this time?
BRYANA BONGOLAN: For two reasons: I was scared, and the other one, to be honest, all the drugs pumped in me, you know, you don't really feel a lot of the pain right away.
MS. SMYSER: Was there a time later in which you did feel the pain?
BRYANA BONGOLAN: Yeah, when I decided to get sober.
MS. SMYSER: Did you ever talk to Mr. Combs about this incident?
BRYANA BONGOLAN: Yes.
MS. SMYSER: How did you have that conversation with him?
BRYANA BONGOLAN: Him or someone on his team FaceTimed me like a day or two later.
MS. SMYSER: A day or two after what?
BRYANA BONGOLAN: The balcony incident.
MS. SMYSER: And from what you could see, was anyone else present for this conversation?
MS. SMYSER: What did you say to Mr. Combs during the conversation?
BRYANA BONGOLAN: I remember saying a couple times "I don't want any problems with you."
MS. SMYSER: How did he respond?
BRYANA BONGOLAN: I don't remember him saying much but putting his hands over his head and then breathing and like looking back into the camera and then doing that again.
MS. SMYSER: Did you report this incident to the police?
MS. SMYSER: Why not?
BRYANA BONGOLAN: Because I was scared.
MS. SMYSER: Why?
BRYANA BONGOLAN: Because of everything I've seen and had gone through at that point.
MS. SMYSER: Who were you scared of?
BRYANA BONGOLAN: Puff.
MS. SMYSER: After the balcony incident, what was your relationship like with Mr. Combs?
BRYANA BONGOLAN: Like we tried to be cool.
MS. SMYSER: Did you hang out with him some after that?
BRYANA BONGOLAN: Yes.
MS. SMYSER: What was your relationship like with Cassie?
BRYANA BONGOLAN: We were still friends.
MS. SMYSER: Did you still hang out with her?
BRYANA BONGOLAN: Yes.
MS. SMYSER: When was the last time you spent time together with Cassie and Mr. Combs?
BRYANA BONGOLAN: January 2, 2018.
MS. SMYSER: How do you know that precise date?
BRYANA BONGOLAN: Because I tattooed it on my neck.
MS. SMYSER: Why did you tattoo it on your neck?
BRYANA BONGOLAN: To make a commitment to get sober and not go back.
MS. SMYSER: What happened the day that you decided to leave?
BRYANA BONGOLAN: Well, it was -- it was like a New Year's Eve party in Miami.
MS. SMYSER: What happened at that New Year's Eve party?
BRYANA BONGOLAN: I'd like -- after I got invited back to a like penthouse suite at the 1 Hotel.
MS. SMYSER: And what city were you in at the time?
BRYANA BONGOLAN: Miami.
MS. SMYSER: Did you go to the 1 Hotel?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Who was at the 1 Hotel?
BRYANA BONGOLAN: It was me, Cassie, and Puff.
MS. SMYSER: And what did you, Cassie and Puff or Mr. Combs do at the 1 Hotel?
BRYANA BONGOLAN: We did eight hours of ketamine together.
MS. SMYSER: What did you decide to do after doing ketamine for eight hours with him?
BRYANA BONGOLAN: I couldn't do this any more, and I left.
MS. SMYSER: After you left, were you able to get sober?
BRYANA BONGOLAN: Not right away.
MS. SMYSER: Did you get sober after some point in time?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Are you sober now?
BRYANA BONGOLAN: Yes.
MS. SMYSER: How, if at all, did your relationship with Cassie change after you left?
BRYANA BONGOLAN: It also became sporadic.
MS. SMYSER: What is it like today?
BRYANA BONGOLAN: Cool.
MS. SMYSER: Ms. Bongolan, are you aware of a lawsuit that Cassie filed?
BRYANA BONGOLAN: Yes.
MS. SMYSER: When did she file that suit?
BRYANA BONGOLAN: November 2023.
MS. SMYSER: Did that suit mention Mr. Combs hanging you over a balcony?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Did you talk with Cassie about her suit?
BRYANA BONGOLAN: Yes, right after she filed it.
MS. SMYSER: What did you say?
MS. WESTMORELAND: Objection.
THE COURT: That's overruled.
MS. SMYSER: You can answer.
BRYANA BONGOLAN: I was like, "Girl, you got some of that information wrong."
MS. SMYSER: And what did you mean by that?
BRYANA BONGOLAN: It wasn't at a hotel, and the date is incorrect, and Tiffany wasn't there.
MS. SMYSER: And were those the facts in her complaint?
BRYANA BONGOLAN: Sorry. Could you say that again.
MS. SMYSER: Is that how the balcony incident was described in Cassie's complaint?
BRYANA BONGOLAN: Yes.
MS. SMYSER: And how did Cassie react when you told her that some of the details were wrong?
BRYANA BONGOLAN: Kind of like -- not like she knew, but like, you know, she was on drugs, so she had the information wrong.
MS. SMYSER: When are you saying that she was on drugs?
BRYANA BONGOLAN: Like back in the day.
MS. SMYSER: When the balcony incident was happening?
BRYANA BONGOLAN: Yeah.
MS. SMYSER: Ms. Bongolan, I think you mentioned earlier that you met with the government prior to your testimony today, is that right?
BRYANA BONGOLAN: Yes.
MS. SMYSER: And once you began meeting with the government, did you have any additional conversations with Cassie about the balcony incident?
BRYANA BONGOLAN: Just one other time.
MS. SMYSER: What did you talk about?
BRYANA BONGOLAN: She just said that she had told her lawyers what I said.
MS. SMYSER: Have you talked with Cassie about the substance of your testimony here today?
MS. SMYSER: What about the substance of her testimony?
MS. SMYSER: Ms. Bongolan, have you had any lasting effects from when Mr. Combs held you up on the balcony?
BRYANA BONGOLAN: Yeah -- yes.
MS. SMYSER: And what are those effects?
BRYANA BONGOLAN: I have nightmares, and I have a lot of paranoia, and I used to scream a lot in my sleep, but it's dissipated a little bit.
MS. SMYSER: Did you do those things before the balcony incident?
MS. SMYSER: When you say you have paranoia, what do you mean?
BRYANA BONGOLAN: Like if I go home to my apartment, I'll like unlock it, and I'll like kick the door open and kind of peek my head in to see if everything's clear.
MS. SMYSER: When was the last time you had nightmares?
BRYANA BONGOLAN: The other day.
MS. SMYSER: Have you hired a lawyer to represent you in connection with the balcony incident?
BRYANA BONGOLAN: Yes.
MS. SMYSER: And approximately when did you first hire an attorney?
BRYANA BONGOLAN: January 2024.
MS. SMYSER: Do you still have that same attorney that you hired in January 2024?
MS. SMYSER: Did that first attorney represent you in your first meeting with the government?
BRYANA BONGOLAN: Yes.
MS. SMYSER: In that first meeting with the government, did you talk about every single detail that you've talked about in your testimony today?
MS. SMYSER: Why not?
MS. WESTMORELAND: Objection.
THE COURT: Sustained.
MS. SMYSER: What were your expectations of that meeting?
BRYANA BONGOLAN: I just thought I was going to meet you guys.
MS. SMYSER: Did you meet with the government after that first meeting?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Over the next few meetings with the government, did you talk to the government about the topics that you've testified about here today?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Were you able to cover every single topic in each meeting or only some topics in each meeting?
BRYANA BONGOLAN: Just some topics in each meeting.
MS. SMYSER: Did your first attorney send a demand letter to Mr. Combs?
BRYANA BONGOLAN: Yes.
MS. SMYSER: One or multiple?
BRYANA BONGOLAN: I believe multiple.
MS. SMYSER: At a high level, what is your understanding of what a demand letter is?
BRYANA BONGOLAN: Asking for compensation for damages.
MS. SMYSER: Do you know how much money was demanded in that letter?
BRYANA BONGOLAN: Not exactly. I just know it was pretty high.
MS. SMYSER: Did you pick the amount or did your attorney pick the amount?
BRYANA BONGOLAN: He picked the amount.
MS. SMYSER: At the time the letter or letters were sent, did you know exactly what was in those letters?
MS. SMYSER: Did you approve the letters before they were sent?
MS. SMYSER: Do you know if everything in those letters was correct?
BRYANA BONGOLAN: They were incorrect.
MS. SMYSER: What did you do after you learned that the information in the letters was incorrect?
BRYANA BONGOLAN: I let him go.
MS. SMYSER: You let who go?
BRYANA BONGOLAN: Tyrone Blackburn.
MS. SMYSER: Your first lawyer?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Did you end up hiring a new lawyer?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Were you contemplating a lawsuit against Mr. Combs?
BRYANA BONGOLAN: Yes.
MS. SMYSER: And when you were contemplating that lawsuit, did you hear from any friends you used to have during the time you hung out with Mr. Combs and Cassie?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Who did you hear from?
BRYANA BONGOLAN: Tiffany Red.
MS. SMYSER: And did you hear from any other friend?
BRYANA BONGOLAN: Cassie.
MS. SMYSER: And did you hear from a producer?
BRYANA BONGOLAN: Yes, Rob Holladay.
MS. SMYSER: Was he one of your friends?
BRYANA BONGOLAN: He was one of my best friends.
MS. SMYSER: Did he reach out to you or did you reach out to him?
BRYANA BONGOLAN: He reached out to me.
MS. SMYSER: And before this reach-out, what was your relationship with Rob like?
BRYANA BONGOLAN: We were cool. We would hang out all the time. I'd listen to him make music. He'd watch me make graphics and art.
MS. SMYSER: How long had you been friends?
BRYANA BONGOLAN: Before Cassie.
MS. SMYSER: Was Rob also friends with Mr. Combs?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Approximately when was this reach-out from Rob?
BRYANA BONGOLAN: Early 2024.
MS. SMYSER: How did Rob reach out to you?
BRYANA BONGOLAN: FaceTime.
MS. SMYSER: Where was Rob when he FaceTimed you?
BRYANA BONGOLAN: It looked like Puff's back yard.
MS. SMYSER: In what city?
BRYANA BONGOLAN: Beverly Hills, California.
MS. SMYSER: What is the first thing you remember Rob saying to you on the FaceTime?
BRYANA BONGOLAN: He said -- he said -- he makes this noise. He was like "doooooooo." He was like "you didn't tell me."
MS. WESTMORELAND: Objection. Your Honor, may we have a sidebar?
THE COURT: You may.
(Continued on next page)
(At the sidebar)
MS. WESTMORELAND: Your Honor, I'm going to object on hearsay grounds. There has been no foundation that Rob called her on behalf of Mr. Combs. She says Rob Holladay was her friend. She knew Mr. Holladay before Mr. Combs, and he was one of her best friends. I believe the prosecutor is about to elicit hearsay of Rob Holladay and her speaking about her lawsuit or any particular complaint or things of that nature, and that Rob Holladay said some things to her, but I don't think the prosecutor laid a foundation that Mr. Holladay was calling as an agent or on behalf of Mr. Combs. They have their own relationship.
THE COURT: So it's one objection? Hearsay.
THE COURT: So the objection was not previously raised when the question was asked, but it is now being raised. Ms. Smyser, what is your response?
MS. SMYSER: Your Honor, I think this is a co-conspirator statement in relation to the hearsay objection. I think she has already talked about Mr. Holladay being friends with Mr. Combs and calling her from Mr. Combs' home. And what I expect that she is going to say is that we -- she is going to say that he didn't tell me that you were going to sue him, and she understood that to be Mr. Combs, and she is also going to say like what if we can get this done, we can figure this out. Mr. Combs could essentially pay you a million dollars if we keep the lawyers out of it, and Bana is going to say no, lawyers have to be a part of this. And that after that she never spoke to Rob Holladay again. So I think that given the content of her statements and that Rob Holladay is speaking about Mr. Combs and the suit and a potential settlement without lawyers, I think it's clear that he is a co-conspirator. But I think separate and apart from that, this also has an effect on the listener and an effect on Bana and her fear of Mr. Combs.
THE COURT: I'm not understanding the co-conspirator basis because at that time there was a civil lawsuit, right?
MS. SMYSER: Yes.
THE COURT: And Mr. Holladay is calling with respect to the civil lawsuit, and essentially asking Bana if she will consider resolving that without lawyers for an amount of a million dollars, right? So how does that fit under the co-conspirator exception?
MS. SMYSER: So, your Honor, obstruction is part of this case, and we expect there to be more evidence in this case about Mr. Combs' awareness of potentially being investigated and not wanting to talk on the phone, for example, not wanting to put things in writing, even before the January call from Mr. Holladay. And so this is an example of the kind of thing that Mr. Combs was doing; he was having his agents reach out to people who would have information on him like Ms. Bongolan and offering to pay them off. This goes directly to obstruction, and he's a co-conspirator in that respect.
THE COURT: Even though it's a civil lawsuit? I mean, you would agree if it was just a communication with respect to the civil lawsuit, then that would not be plausibly linked to the obstruction basis that you're pointing to.
MS. SMYSER: Correct, but I think all of the circumstances here in which there will be evidence about is that the investigation like was going on at that time. But I will also say separate and apart.
THE COURT: Can I stop you just for a second because I think Ms. Westmoreland's point is that that's the foundation that that has not been elicited and put into the record at this point. Right now all the jury is hearing is that there was a call from Mr. Holladay, and that he was in Mr. Combs' back yard, based on Bana's understanding. But that's all that has been put into the record. So the other context -- there may be other context, but that simply has not been admitted. It may be this witness can furnish some of that background, but you would perhaps have to do it. What was the second thing you wanted to say?
MS. SMYSER: I think another basis for admitting this is that Mr. Holladay is acting as an agent of Mr. Combs under 801(d)(2)(D), not simply as a co-conspirator. I think that comes out in the conversation between Bana and Mr. Holladay that I just proffered.
THE COURT: Can you ask some -- without talking about the actual substance of the communication, can you ask some questions to see if the witness can establish a basis on that exception?
MS. SMYSER: Yes.
THE COURT: All right. And by the way, Ms. Westmoreland, you don't have an objection -- even if the communication doesn't come into the extent Ms. Smyser asks the witness about her under -- like her state of mind after the call because if a communication goes to the effect on the listener, to the extent it does, she should be able to elicit testimony about the effect that the communication had on the listener without revealing its substance.
MS. WESTMORELAND: Your Honor, I would object to it. I don't know why her state of mind would be relevant to a call with Rob Holladay. And I thought -- I was pretty shocked that the government even went the co-conspirator route. So I anticipated she was going to try to say agent, which is why I started explaining the whole agent problem from the very beginning. I don't think she is going to be able to lay the foundation. We both had 3500, and it says nothing that Mr. Holladay was asking on behalf of Mr. Combs. She fully established that she has her own relationship with him outside of Mr. Combs. She knew him before Mr. Combs, and he's one of her best friends.
MS. SHAPIRO: I thought it was going the one lawyer rule.
THE COURT: Let's sequence this. Ms. Smyser, do you have an understanding if you were to ask those threshold questions what the witness would say?
MS. SMYSER: I think I would need to lead her some, but I think I could establish more about the relationship between Rob Holladay and Mr. Combs and how much she had seen the two of them together. Obviously, he's at Mr. Combs home that day making the call.
THE COURT: I don't think it's permissible for you to lead her in that respect. I think it's just a simple question: What is your understanding of the relationship, if any, between Mr. Holladay and Mr. Combs? And we'll see what she says.
MS. WESTMORELAND: Can I say something before you allow her to ask that question? That's not the problem. Mr. Holladay and Mr. Combs -- she can say he was working with Mr. Combs. It still has nothing to do with the fact that she has her own relationship, and she testified, hey, I didn't know you filed a lawsuit. These are two friends talking. Even if he was employed with Mr. Combs, that doesn't meet the threshold, that doesn't connect that his conversation is on behalf of Mr. Combs.
THE COURT: I understand that. Let's see where we get to next, and I'll take it from there.
(Continued on next page)
(In open court; jury present)
THE COURT: Ms. Smyser, you may proceed when ready.
MS. SMYSER: Thank you, your Honor.
MS. SMYSER: Ms. Bongolan, without telling me what Rob said to you, what if anything did Mr. Holladay say about who he was calling on behalf of?
BRYANA BONGOLAN: Puff.
MS. SMYSER: And what if any topic did Mr. Holladay say he was authorized to talk about?
BRYANA BONGOLAN: He was trying to talk about settling with me.
MS. SMYSER: And what if any offer was he authorized to talk to you about?
MS. WESTMORELAND: Objection.
THE COURT: That's sustained.
MS. SMYSER: All right.
MS. SMYSER: What did Rob say about what he could talk with you about on behalf of Mr. Combs?
MS. WESTMORELAND: Objection.
THE COURT: Sustained.
MS. SMYSER: Ms. Bongolan, how did -- what if any offer from Mr. Combs did Mr. Holladay convey to you?
MS. WESTMORELAND: Objection.
THE COURT: That's sustained.
MS. SMYSER: And how did you feel during the call?
BRYANA BONGOLAN: I declined what was offered to me because I felt like --
MS. WESTMORELAND: Objection. Nonresponsive.
THE COURT: That's sustained.
MS. SMYSER: After the call was done, how did you react?
THE COURT: Ms. Smyser, I'm going to ask you to move on at this point unless you're prepared to ask some of the foundational questions that we had discussed at sidebar.
MS. SMYSER: Thank you, your Honor.
MS. SMYSER: When was the next time you spoke to Mr. Holladay after the phone call?
BRYANA BONGOLAN: We never talked again.
MS. SMYSER: Are you friends anymore?
MS. SMYSER: At some point after talking to Rob, did the attorney you have now assist you in filing a lawsuit against Mr. Combs?
BRYANA BONGOLAN: Sorry. Could you say that again?
MS. SMYSER: At some point after talking to Rob, did the attorney you have now assist you in filing another -- assist you in filing a lawsuit against Mr. Combs?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Approximately how long after?
BRYANA BONGOLAN: Maybe like month or two.
MS. SMYSER: What was your lawsuit based on?
BRYANA BONGOLAN: The balcony incident.
MS. SMYSER: Your Honor, could we have another brief sidebar, please.
THE COURT: Yes.
(Continued on next page)
(At sidebar)
MS. COMEY: So, your Honor, I think the foundation has been laid for 801(d)(2)(C). A statement that was made by a person, whom the party authorized to make a statement on the subject. This witness has now testified that Mr. Holladay told her on the phone that he was calling on behalf of Mr. Combs in order to discuss an offer to settle her case. He has thus said that he is authorized by the defendant to make a statement on this specific subject. I think that is sufficient to lay the foundation that this comes in under 801(d)(2)(C).
THE COURT: Ms. Westmoreland.
MS. COMEY: And I'll note that your Honor can consider hearsay when deciding whether or not that rule has been satisfied and that threshold has been met.
MS. WESTMORELAND: You took the words out of my mouth. That's hearsay. That's not enough for the foundation.
MS. COMEY: Your Honor, when deciding whether the preponderance standard has been met under rule 104, you may consider hearsay.
MS. WESTMORELAND: Your Honor, I would ask you to decide the preponderance standard hasn't been met --
THE COURT: Hold on. Without objection, there was testimony that Mr. Holladay called on behalf of Puff. Right?
MS. WESTMORELAND: Well, I objected up here to that question being asked, and I thought you gave her permission for her to ask the question anyway. So I thought I was overruled on that note. But if I'm wrong, then I'm wrong.
THE COURT: I don't believe I overruled any objection you made during the last five minutes.
MS. WESTMORELAND: No, no, no, I wasn't -- I don't mean that --
THE COURT: No, I'm saying that there was no objection to that specific question that was asked. So whether it is hearsay or not, there simply wasn't any objection to that question when it was asked and the answer was elicited. But let's assume for the moment that whether it's hearsay or not, okay.
MS. WESTMORELAND: Yes, your Honor.
THE COURT: On that basis, you would agree that the exception that Ms. Comey points to would apply, right?
MS. WESTMORELAND: I don't --
MS. SHAPIRO: Your Honor, I don't think we heard the same thing. I don't think that testimony was elicited.
THE COURT: Okay. I'll take a look. But I understand the exception.
MS. SHAPIRO: Need to take a look at the --
THE COURT: Ms. Shapiro, you would agree that to the extent that was hearsay that would be properly admissible, then that can be considered in determining whether the exception has been satisfied.
MS. SHAPIRO: If the hearsay was properly elicited, but if it was hearsay, it wasn't properly elicited because we're in front of the jury. So I don't agree with that.
MS. COMEY: Your Honor, if I may note.
MS. SHAPIRO: This isn't a 104 here.
MS. COMEY: In rule 104(a), the Court must decide any preliminary question about whether a witness is qualified, a privilege exists or evidence is admissible -- that's the question here -- in so deciding, the Court is not bound by evidence rules except those on privilege. In other words, it doesn't matter whether --
THE COURT: You don't need to say any other words. I got you.
MS. SHAPIRO: But that's for a 104 determination. It's not -- it doesn't mean it's proper to elicit hearsay in front of the jury and then make a determination based on that.
THE COURT: That's a separate issue whether there was an objection leveled to that question, which there was not because I was there and there was no objection leveled as to that question. And that's a separate issue because there was no objection raised.
MS. SHAPIRO: Our recollection differs.
THE COURT: Let me take a look at the transcript. I understand --
MS. WESTMORELAND: Your Honor, when you look at the transcript, can you go back to when we were here? Because what I was saying was that when she asked if she could ask the type of questions she could ask, and what she could ask, and she was asking that. And I was saying, your Honor, I object. Because you asked me, Ms. Westmoreland, would that question be okay. And I was like, your Honor, no, I object to that line of questioning. So I thought you decided what kind of questions she could ask and she went and asked it anyway, but that was over my objection standing here is what I was trying to say. Which is what I was trying to say, which was the only reason didn't object here.
MS. COMEY: A couple things, your Honor, my understanding --
THE COURT: We don't need to have further argument. I understand the objection.
(Continued on next page)
(In open court; jury present)
THE COURT: We will spare you from the white noise for a second. If you hold on one moment, I will review something very quickly and will proceed in a couple of moments. The objection raised at the sidebar continues to be sustained. Ms. Smyser, you can move on.
BY MS. SMYSER:
MS. SMYSER: So, Ms. Bongolan, I think we were just discussing the lawsuit that you filed against Mr. Combs; do you remember that?
BRYANA BONGOLAN: Yes.
MS. SMYSER: And why did you file your suit?
BRYANA BONGOLAN: Because I wanted to seek justice for what happened to me.
MS. SMYSER: And what do you mean when you say what happened to you?
BRYANA BONGOLAN: On the balcony.
MS. SMYSER: Did you write your complaint --
MS. SMYSER: -- for your lawsuit?
BRYANA BONGOLAN: Sorry. No.
MS. SMYSER: Who wrote it?
BRYANA BONGOLAN: My lawyer.
MS. SMYSER: And are the words in that complaint, are they the exact same as what you've testified about today?
MS. SMYSER: Was your testimony today truthful to the best of your recollection?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Are you aware of how much money is being requested in the suit?
BRYANA BONGOLAN: Yes.
MS. SMYSER: How much?
BRYANA BONGOLAN: 10 million.
MS. SMYSER: Did you come up with that number or did your lawyer?
BRYANA BONGOLAN: My lawyer.
MS. SMYSER: Do you expect to receive any money from testifying here in this criminal trial today?
MS. SMYSER: Would you give any potential money back if it meant that Mr. Combs had never held you up on that 17th floor balcony?
MS. WESTMORELAND: Objection.
THE COURT: That's overruled.
BRYANA BONGOLAN: Yes.
MS. SMYSER: Your Honor, may I have just one moment?
THE COURT: You may.
MS. SMYSER: No further questions.
THE COURT: Thank you. Cross-examination.
MS. WESTMORELAND: Yes, your Honor. Can you pass one to the prosecution and one to the witness, please.
MR. DONALDSON: Your Honor, may I approach the witness box?
THE COURT: You may.