CROSS-EXAMINATION BY MS. WESTMORELAND:
MS. WESTMORELAND: Good afternoon. My name is Nicole Westmoreland and I represent Mr. Combs. I need to ask you some questions. Okay? Now, on direct, the prosecutor asked you some questions regarding immunity.
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. And you testified that it's your understanding that you have immunity right now for your testimony, true?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: Okay. And you testified that from your understanding, what that means is that you can't be prosecuted for anything that you testify to today as long as it's the truth; is that correct?
BRYANA BONGOLAN: Could you rephrase that, please.
MS. WESTMORELAND: Sure. You testified that you understand that what immunity means is that you cannot be prosecuted for any crimes that you discuss or testify to today?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: That's your understanding?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And that the only way you lose that protection is if you lie?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Tell me your understanding who gets to decide if you're lying?
BRYANA BONGOLAN: The prosecutor.
MS. WESTMORELAND: The prosecutors. All right. Ms. Bongolan, I want to go back, all right, in time to when you first met Ms. Cassie Ventura. Okay?
BRYANA BONGOLAN: Okay.
MS. WESTMORELAND: All right. So you explained that you were working at Young & Reckless?
BRYANA BONGOLAN: Young & Reckless, yes.
MS. WESTMORELAND: Young & Reckless, and that's where you first initially met Cassie, true?
BRYANA BONGOLAN: We didn't exactly meet. We were just in the same facility.
MS. WESTMORELAND: Right. So you met her, but you didn't start a relationship yet?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. And you were a graphic designer there?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And at the time Cassie was a music artist?
BRYANA BONGOLAN: I believe so.
MS. WESTMORELAND: All right. And after Young & Reckless, that's when you started working with Diamond Supply Company?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: And would I be accurate to say you started working with Diamond Supply Company in 2015?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. And I believe you testified that once you started working at Diamond Supply Company, that's where you and Cassie really met?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. And you were a graphic designer there?
BRYANA BONGOLAN: I was the head women's designer.
MS. WESTMORELAND: You were the head designer. And Cassie was brought on to the company to co-design?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. And your job was to get creative ideas out of Cassie's head?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. And at the time you were paid about $75,000 for that position; is that true?
BRYANA BONGOLAN: Yeah.
MS. WESTMORELAND: And it's your understanding that Cassie was paid more than you?
BRYANA BONGOLAN: Just a little bit more.
MS. WESTMORELAND: Okay. And at this time Cassie is a music artist, true?
BRYANA BONGOLAN: I would say so.
MS. WESTMORELAND: You would say so; you're not sure?
BRYANA BONGOLAN: I wasn't like involved in her world at that time to know.
MS. WESTMORELAND: Okay. So at some time working at Diamonds, it's your understanding that Cassie was a music artist, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. So you also understood at some point that she was signed to Bad Boy, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: So working and coming up with the design with Diamond, that was a second venture for Cassie, true? You want me to rephrase it?
BRYANA BONGOLAN: Yeah.
MS. WESTMORELAND: Okay. Cassie was a music artist, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. And Cassie was doing a design company or doing a design trying to do a clothing line and she was doing that with you, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. So you would agree with me or it would be fair to categorize this as Cassie had two ventures going on at the same time?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. Now, you and Cassie, you're doing this with Diamond Supply Company, right, the line, the clothing line?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. And your employer at the clothing line, he made you pretty much the head to deal with everything Cassie, agree?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. So in order to start getting ideas out of Cassie's head, you needed to spend some time with her, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. And so Ms. Ventura would come up to the office to work and you guys would work on designs, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you would go to Ms. Ventura's house to work on designs, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: All right. I want to talk about the first time that you went to Ms. Ventura's apartment, okay? I can't hear you.
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: All right. So you and Cassie, you were focused on a t-shirt design, right?
BRYANA BONGOLAN: There was a lot of things. Not just t-shirts.
MS. WESTMORELAND: Were you focused on a t-shirt design?
BRYANA BONGOLAN: I mean, there was a shirt.
MS. WESTMORELAND: Okay. All right. So you recall that the first night that you spent the night at Cassie's house, that she called you and asked you to come over; do you remember that?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. And this was at her Studio City apartment?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. And that apartment had a pool, true?
BRYANA BONGOLAN: Yes, it did.
MS. WESTMORELAND: Okay. And once you arrived to Cassie's house -- or apartment, excuse me, you and her decide to do, like, a photo shoot, right?
BRYANA BONGOLAN: Yes. It was a house.
MS. WESTMORELAND: Okay. And you suggested to Cassie that she did a photo shoot in the pool, right?
BRYANA BONGOLAN: Yeah. It was like the one area that looked, like, clear.
MS. WESTMORELAND: The one area that was clear. In the pool, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you asked Cassie to do this photo shoot in just a t-shirt, true?
BRYANA BONGOLAN: That wasn't the first idea, but yes.
MS. WESTMORELAND: And she did it for you, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And it was at that moment that you believed you and Cassie were comfortable with each other?
BRYANA BONGOLAN: I mean, could you explain that?
MS. WESTMORELAND: It's actually your words -- let me ask you. Do you recall telling the government that it was at this very moment that I knew me and Cassie was comfortable with each other?
BRYANA BONGOLAN: I don't recall, but, yeah.
MS. WESTMORELAND: Okay. I'm sorry. You don't recall, but would you like me to refresh your memory or that sounds like what you said?
BRYANA BONGOLAN: It sounds around it.
MS. WESTMORELAND: And you spent the night with Cassie that night, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And after that night, Cassie would often ask you to spend the night at her apartment, right?
BRYANA BONGOLAN: It wasn't right away, but eventually it got there, yeah.
MS. WESTMORELAND: Okay. Well, you spent a lot of time at that apartment with Cassie and then later on you ended up spending a lot of time at Comstock, right?
BRYANA BONGOLAN: First the house, then Comstock, yes.
MS. WESTMORELAND: Yes. That's what I'm asking you. True?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. And it got to a point where you were regular spend the night over there; that's fair, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you and Cassie would spend time together doing things, like, you would obviously spend time together designing, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you and Cassie would go shopping?
BRYANA BONGOLAN: Occasionally.
MS. WESTMORELAND: And you and Cassie would go get your nails done?
BRYANA BONGOLAN: Occasionally.
MS. WESTMORELAND: And you and Cassie would go party?
BRYANA BONGOLAN: Like, go to parties -- hang out with -- not like go to parties, but like we would hang out with our friends.
MS. WESTMORELAND: Okay. Do you recall telling the government that you and Cassie would go to a lot of parties?
BRYANA BONGOLAN: No, I don't recall.
MS. WESTMORELAND: Okay. Let me see if I can refresh your memory.
MS. WESTMORELAND: Can you please pull up, Rob, just for the parties, can you pull up 3508-004, page three. Please read the highlighted -- please read the area, and when you're finished, just look up at me.
MS. WESTMORELAND: Does that refresh your memory?
BRYANA BONGOLAN: To some extent.
MS. WESTMORELAND: So you and Cassie would go to a lot of parties together, true?
BRYANA BONGOLAN: I just feel like it's a little vague.
MS. WESTMORELAND: What's a little vague?
BRYANA BONGOLAN: The word parties.
MS. WESTMORELAND: Okay. So are you denying that you and Cassie did a lot of partying together?
BRYANA BONGOLAN: We partied. But going to parties, I didn't go to a lot of parties with her, but we partied.
MS. WESTMORELAND: Okay. Let's word it completely how you're comfortable answering the question. You and Cassie partied together, right?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: Great. Now, you and Cassie would do a lot of drugs together?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Let's talk about the first time that you and Cassie did drugs together, okay?
BRYANA BONGOLAN: Okay.
MS. WESTMORELAND: All right. Do you recall at that same photo shoot, the one in the pool in the t-shirt that I just asked you about?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And Cassie asked you that day, it was the first night you were spending the night, and Cassie asked you if you liked to get high; do you remember that?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: And you liked to get high, so you told her yes?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you guys got high together, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: First night?
BRYANA BONGOLAN: First night.
MS. WESTMORELAND: Okay. And after getting high together for the first night, you would agree with me that you and Cassie started doing a lot of drugs after that, true?
BRYANA BONGOLAN: It wasn't right away.
MS. WESTMORELAND: Okay. At some point you and Cassie would spend most of your time together getting high; can you agree with that?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. I want to discuss the drug usage between you and Cassie in a little bit more detail. Okay?
BRYANA BONGOLAN: Okay.
MS. WESTMORELAND: Now, you recall the government asking you the questions before I came up here, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you listed a few drugs that you and Cassie would do, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. I want to ask you about more. All right?
BRYANA BONGOLAN: Okay.
MS. WESTMORELAND: You and Cassie would do marijuana together?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Please explain to us how marijuana made you feel?
BRYANA BONGOLAN: Fun, happy, sometimes energic, sometimes tired, sometimes hungry.
MS. WESTMORELAND: Thanks. You and Cassie would do edibles together?
BRYANA BONGOLAN: Occasionally.
MS. WESTMORELAND: Did you do edibles together or not?
BRYANA BONGOLAN: We did.
MS. WESTMORELAND: Okay. How did that make you feel?
BRYANA BONGOLAN: The same.
MS. WESTMORELAND: You and Cassie would do cocaine together?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And I think you've already explained to us that cocaine makes you feel like you have confidence?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: All right. You and Cassie would do ketamine together?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And tell us how ketamine makes you feel?
BRYANA BONGOLAN: My opinion, it like opens your mind.
MS. WESTMORELAND: Opens your mind?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: You ever been stuck in a k-hole?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: All right. You and Cassie would do ecstasy together, true?
BRYANA BONGOLAN: Randomly. Not a lot.
MS. WESTMORELAND: Okay. How does ecstasy -- how does ecstasy make you feel, Ms. Bongolan?
BRYANA BONGOLAN: Like, to say, like, loose, uplifted.
MS. WESTMORELAND: All right. You and Cassie did Molly together, true?
BRYANA BONGOLAN: Oh, I don't know.
MS. WESTMORELAND: Would you like -- can I show you something to refresh your memory?
BRYANA BONGOLAN: I mean, I'm sure. But I -- wasn't like an everyday thing.
MS. WESTMORELAND: All right. I'm not asking if you did it every day. I'm just asking if you and Cassie did Molly together?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: All right. And you and Cassie did G together?
BRYANA BONGOLAN: One time, yes.
MS. WESTMORELAND: All right. Tell us how G makes you feel?
BRYANA BONGOLAN: It's hard to recall, because I did it once. But I feel like it's kind of like being on alcohol without all the, like, negative parts of alcohol.
MS. WESTMORELAND: Okay. Do you recall explaining to the government that it makes you feel like you're on alcohol and horny?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: All right. You and Cassie did acid together?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: All right. Tell us about that. How did that make you feel?
BRYANA BONGOLAN: That one I don't remember. It was one time.
MS. WESTMORELAND: All right. Percocet?
BRYANA BONGOLAN: I did that one time and I threw up and I didn't like it.
MS. WESTMORELAND: Vicodin?
BRYANA BONGOLAN: I mean, that one is like, what, like a pain reliever?
MS. WESTMORELAND: I'm asking if you and Cassie would do Vicodin together?
BRYANA BONGOLAN: Oh, I don't know if we did that together --
MS. WESTMORELAND: You want me to refresh your memory?
BRYANA BONGOLAN: -- we did it.
MS. WESTMORELAND: I'm sorry. I didn't hear you?
BRYANA BONGOLAN: Like, I did it. I don't know about her.
MS. WESTMORELAND: Okay, you and Cassie would do cocoa puff?
BRYANA BONGOLAN: Yeah.
MS. WESTMORELAND: Turn to the ladies and gentlemen of the jury and explain to all of us what cocoa puff is?
BRYANA BONGOLAN: It's when you take a blunt and you open the blunt and you put weed in there and then you sprinkle cocaine in it.
MS. WESTMORELAND: Okay. That was one of your favs, favorites?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. Cassie liked cocoa puffs too, didn't she, from your understanding?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: How does cocoa puff make you feel?
BRYANA BONGOLAN: It's like add all the weed feelings and then a little, like, sharp feeling because of the coke.
MS. WESTMORELAND: Okay. You would agree with me that you and Cassie had a serious drug problem?
BRYANA BONGOLAN: Yeah, we had a problem.
MS. WESTMORELAND: Okay. Now, you and Cassie would do drugs together before you met Mr. Combs, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you would sell Cassie drugs, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: You often sold Cassie drugs?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Well, let's put a timeframe on it. You would agree with me that you sold Cassie drugs on at least a weekly basis?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: You understood or you were aware that Cassie was also on pills?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: All right. And you did pills with Cassie, true?
MS. WESTMORELAND: You've seen Cassie do pills?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: All right. And do you recall on an occasion going to get some pills for Cassie; you remember -- well, strike that. You recall on an occasion going to get hundreds of pills for Cassie at one time; do you remember that?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you remember that because it was so many pills you were scared, true?
BRYANA BONGOLAN: Yeah.
MS. WESTMORELAND: And you gave them to Cassie?
BRYANA BONGOLAN: They were her's.
MS. WESTMORELAND: They were her's. And she was happy with you that you brought them for her, right?
BRYANA BONGOLAN: I couldn't tell.
MS. WESTMORELAND: Okay. Now, the time that you brought Cassie hundreds of pills, you would agree with me that was early on in your friendship, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. So you would give drugs to Cassie, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: You would sell drugs to Cassie, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Sometimes you would just be nice and do drugs with Cassie for free, true?
BRYANA BONGOLAN: Could you rephrase the last part.
MS. WESTMORELAND: Would you sometimes do drugs with Cassie for free? Meaning, she didn't have to buy the drugs from you, you shared?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. Ms. Bongolan, if you always made Cassie pay for her drugs, you can answer in the negative. You can say no.
BRYANA BONGOLAN: Could you resay that, please.
MS. WESTMORELAND: You explained to us that you sold drugs to Cassie. All I asked you is if you ever did drugs with Cassie without making her pay for them?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: You often had drug dealers deliver to Cassie, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Can you please tell us the drug dealers' names that you had deliver to Cassie?
BRYANA BONGOLAN: I can't remember their names. It was a long time ago.
MS. WESTMORELAND: Would documents help refresh your memory?
BRYANA BONGOLAN: Guess so.
MS. WESTMORELAND: Do you remember drug dealer Ray J?
BRYANA BONGOLAN: I don't know if that's his name.
MS. WESTMORELAND: Do you remember a drug dealer that you would send to Cassie often by the name of Ray J?
BRYANA BONGOLAN: I don't remember that name.
MS. WESTMORELAND: Okay. So you have no idea who Ray J is?
BRYANA BONGOLAN: I mean, he sounds like that singer, but I don't think it's him.
MS. WESTMORELAND: Okay. So let me ask you, at the end of the day, in reference to drugs with Cassie, you would agree with me that you and Cassie did drugs every day?
BRYANA BONGOLAN: Not every day.
MS. WESTMORELAND: Do you remember telling the government, admitting to the government that you and Cassie did drugs every day? If you don't, I'll refresh your memory.
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: All right. Let's refresh it?
MS. WESTMORELAND: Can you pull 3508-029, page 29 -- I mean, sorry. 029, page three, second dash. Please read that, and once you're done, please look up at me.
MS. WESTMORELAND: I'll ask you the question again. Did you and Cassie do drugs every day?
BRYANA BONGOLAN: Again, I don't know. I don't think we did drugs every day.
MS. WESTMORELAND: Okay. Did you tell the government you did drugs every day?
BRYANA BONGOLAN: I don't remember if I told the government.
MS. WESTMORELAND: Okay. You do understand that when you sit down and you speak with the government, that they're there taking notes?
BRYANA BONGOLAN: I understand that.
MS. WESTMORELAND: Okay. All right. So if -- so what's your answer, that you don't recall saying that or you didn't say it?
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: Okay. So besides you and Cassie getting high daily or weekly, you and Cassie -- you guys were still trying to put out that clothing line together, right?
MS. SMYSER: Objection.
THE COURT: That's sustained. You can rephrase.
MS. WESTMORELAND: Sure.
MS. WESTMORELAND: All right. You and Cassie were trying to put out a clothing line together, true?
BRYANA BONGOLAN: I don't know. Which clothing line?
MS. WESTMORELAND: I'm talking about the t-shirt clothing line with Diamond Supply Company.
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. And you would agree with me that over a two-year period, you and Cassie finally did get a few clothing lines or t-shirts out, true?
BRYANA BONGOLAN: Yes. We got some collections out.
MS. WESTMORELAND: All right. And you would also agree with me that those lines didn't work out, right?
BRYANA BONGOLAN: They didn't work out for, like, internal Diamond reasons.
MS. WESTMORELAND: I understand. I'm asking you -- and we'll talk about that. But you agree with me that they did not work out, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you agree with me that they didn't work out because you and Cassie were competing against people like Beyoncé?
BRYANA BONGOLAN: Yeah.
MS. WESTMORELAND: And you were competing against people like Rihanna?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you would also agree with me that you and Cassie were experiencing a lot of difficulties with Nickey?
BRYANA BONGOLAN: I don't think it was Nickey himself that was the problem.
MS. WESTMORELAND: Okay. You don't think it was Nickey his self that was the problem. Explain?
BRYANA BONGOLAN: Well, it was a skate company and we were designing great womens clothes, to be frank, and it was a bunch of skater guys holding up women's clothing, so it wasn't working out internally.
MS. WESTMORELAND: Thank you for explaining that. So you would agree with me that who did not hold you back is Mr. Combs; that it was the skater mentality at the company, true?
MS. SMYSER: Objection.
MS. WESTMORELAND: I'll rephrase.
MS. WESTMORELAND: You've explained to us that the clothing line didn't work out, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you had fierce competitors like Rihanna and Beyoncé, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you had some issues within Diamond Supply Company because they weren't seeing your vision, true?
MS. WESTMORELAND: Okay. You had issues with Diamond Supply Company because they were a bunch of skateboarders and you and Cassie was making great female design clothing and they just couldn't see it, true?
BRYANA BONGOLAN: I believe they believed in the vision and saw it. It's just not the -- I don't know how to explain it.
MS. WESTMORELAND: It just didn't work out?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: Okay. But it didn't work out with you and Cassie and the Diamond Supply Company though, true?
MS. SMYSER: Objection.
THE COURT: It's overruled.
BRYANA BONGOLAN: Could you resay that question, please.
MS. WESTMORELAND: It didn't work out because of issues with Diamond Supply Company, whatever the issues were, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you agree that while you were trying to do this business -- while you and Cassie were trying to do this business, that you guys were having a lot of other extracurricular activities, right?
BRYANA BONGOLAN: Could you explain, please.
MS. WESTMORELAND: Getting high?
BRYANA BONGOLAN: Could you rephrase the whole question, please.
MS. WESTMORELAND: It's hard to be pretty productive in business getting high every day; you agree with me?
MS. SMYSER: Objection.
THE COURT: That's sustained.
MS. WESTMORELAND: All right. Let me ask you this: You and Cassie, you would agree with me, that you and Cassie had your own relationship, right, like a friendship?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you believed you were one of Cassie's best friends, true?
BRYANA BONGOLAN: We were close.
MS. WESTMORELAND: Okay. You would agree with me that Cassie made you feel like that you and her were really close?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. And you would agree with me that you explained to us that you didn't even meet Mr. Combs for at least a year later after you first started hanging with Cassie, true?
BRYANA BONGOLAN: True.
MS. WESTMORELAND: Okay. And although you didn't meet Mr. Combs for a solid year, you and Cassie still hung out pretty often, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. All right. I want to shift to you actually meeting Mr. Combs, okay?
BRYANA BONGOLAN: Okay.
MS. WESTMORELAND: All right. You met Mr. Combs some time in 2016, true?
BRYANA BONGOLAN: I don't remember, but probably, yes, around there.
MS. WESTMORELAND: Okay. And the first time that you met Mr. Combs was at a dinner at his house?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you would agree with me that you came there with Cassie, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you would agree with me that Mr. Combs was very standoffish with you, true?
BRYANA BONGOLAN: Yeah.
MS. WESTMORELAND: And you were there, but you were there as Cassie's friend, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. And, in fact, you just explained to us that you're still friends with Cassie, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: I want to ask you about a few of your other friends real quick. You're still friends with Deonte Nash?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you speak to Deonte Nash?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: When's the last time you spoke to him?
BRYANA BONGOLAN: He texted me today, but I didn't answer.
MS. WESTMORELAND: Okay. What did he say?
BRYANA BONGOLAN: I think he was asking what my girl's number was.
MS. WESTMORELAND: Okay. And before today's text, when is the last time that you spoke to Mr. Nash?
BRYANA BONGOLAN: I want to say after he got off the stand.
MS. WESTMORELAND: Okay.
BRYANA BONGOLAN: Like not directly after, but around then.
MS. WESTMORELAND: All right. And you guys didn't talk about his testimony?
MS. WESTMORELAND: Just avoided that subject?
BRYANA BONGOLAN: Yeah, we knew, you know, what was going on.
MS. WESTMORELAND: All right. You don't need to talk about it, you know what's going on?
MS. SMYSER: Objection.
THE COURT: Sustained.
MS. WESTMORELAND: All right. Well, let me ask you this: You've spoken to Cassie during this trial, true?
BRYANA BONGOLAN: I haven't talked to her in a couple weeks.
MS. WESTMORELAND: Okay. So you -- have you spoke to Cassie since the trial started?
BRYANA BONGOLAN: She did text me today, but I did not answer.
MS. WESTMORELAND: Okay. Didn't answer Cassie either?
MS. WESTMORELAND: What about before today. I want to know if you spoke to Ms. Ventura while we've been on trial?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. All right. And your testimony is that you and Ms. Ventura didn't speak about the testimony either, right?
BRYANA BONGOLAN: I just asked how she was doing and I sent her a bathtub she might like.
MS. WESTMORELAND: Okay. All right. Let's talk about your civil lawsuit, okay?
BRYANA BONGOLAN: Okay.
MS. WESTMORELAND: All right. So in 2023, late 2023, you spoke to Ms. Ventura, and she told you she was about to file a lawsuit against Mr. Combs, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. And you are aware that she did in fact file that lawsuit, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you're aware because you read the lawsuit, true?
BRYANA BONGOLAN: Yes, I did.
MS. WESTMORELAND: And after you read Cassie's lawsuit, you spoke to Cassie, true?
BRYANA BONGOLAN: Yes, I did.
MS. WESTMORELAND: And you spoke to Cassie about her lawsuit, true?
BRYANA BONGOLAN: Yes, I did.
MS. WESTMORELAND: And after you spoke to Cassie about her lawsuit, you went out and you hired yourself a lawyer, true?
BRYANA BONGOLAN: Yes. Yes.
MS. WESTMORELAND: And you hired Tyrone Blackburn, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. And then you already explained that after Tyrone, you then hired another lawyer, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. And the purpose of you hiring Tyrone Blackburn and the next lawyer was to sue Mr. Combs, true?
BRYANA BONGOLAN: It was to seek justice.
MS. WESTMORELAND: It was what?
BRYANA BONGOLAN: To seek justice.
MS. WESTMORELAND: And your definition of seeking justice was to sue Mr. Combs, right?
BRYANA BONGOLAN: Could you explain that further?
MS. WESTMORELAND: You hired lawyers to sue Mr. Combs; isn't that true?
BRYANA BONGOLAN: I did hire a lawyer.
MS. WESTMORELAND: Okay. To sue Mr. Combs?
BRYANA BONGOLAN: To sue Mr. Combs.
MS. WESTMORELAND: Okay. And like Cassie did, true?
BRYANA BONGOLAN: For different intentions I would say, but yes.
MS. WESTMORELAND: Okay. We'll get to that. Now, in order for you to -- for these lawyers to represent you, you had to speak to them, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. And without telling me what you told them, you had to explain to them what your allegations were, true?
MS. SMYSER: Objection.
THE COURT: That's sustained.
MS. WESTMORELAND: Okay. I'll try the...
MS. WESTMORELAND: At a high level, you had to explain to these civil lawyers what your issue was, true?
MS. SMYSER: Objection.
THE COURT: Sustained.
MS. WESTMORELAND: Okay.
MS. WESTMORELAND: In order to hire civil lawyers, you had to talk to them, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And these lawyers became your representatives; you hired them, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you're aware that they acted on your behalf, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And your first lawyer, Mr. Tyrone, he was present in your first interview with the government, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Now, on direct, you were asked about that first interview; do you remember that line of questioning?
BRYANA BONGOLAN: I remember some, yes.
MS. WESTMORELAND: Yes. And you explained to us that you thought it was a meet and greet, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And that you didn't know it was what it turned out to be, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: But when you sat down with the government, they asked you what happened, if anything, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you did a full interview with them, right?
BRYANA BONGOLAN: Yes, I did.
MS. WESTMORELAND: And although you didn't know you were about to do an interview, you still told them whatever -- you answered their questions, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you don't have to practice the truth, right?
MS. WESTMORELAND: Okay. So I want to make sure that we understand the timeline. November 2023, you're aware that Ms. Ventura filed a lawsuit, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And in November in 2023, you were actually working for Cassie during that time, weren't you?
BRYANA BONGOLAN: Yeah, for like a month or two.
MS. WESTMORELAND: Yeah. November 2023 and December 2024, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: So you and Cassie had hooked back up?
BRYANA BONGOLAN: Yeah, she wanted to do music or something.
MS. WESTMORELAND: All right. You and Cassie hooked back up, true?
MS. SMYSER: Objection.
THE COURT: That's overruled.
BRYANA BONGOLAN: Could you resay the question.
MS. WESTMORELAND: You and Cassie got back together in November and December 2023?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Objection.
THE COURT: That's overruled.
MS. SMYSER: Your Honor, can we have a sidebar, please.
THE COURT: You may.
(Continued on next page)
(At sidebar)
THE COURT: Ms. Smyser.
MS. SMYSER: Ms. Westmoreland has been implying improper sexual innuendo between Ms. Bongolan and Ms. Ventura throughout this testimony, including based on their first photo shoot in that Ms. Bongolan would sleep over at Ms. Ventura's house a lot. And there were several questions about that in the beginning of her testimony. Here, she continues to use the words "hook up" when she could ask if they -- which is why I objected, your Honor. And they "got back together," which is again why I objected. I think it's perfectly proper to ask Ms. Bongolan if they were working together or if they were talking. But I think Ms. Westmoreland should stay away from that sexual innuendo.
MS. WESTMORELAND: It definitely was not an innuendo for sexual contact at all. If you don't want me to use the word "hook up," I take no issue with it. But I wasn't trying to infer anything.
THE COURT: I didn't understand you to be making any sexual innuendo. However, let's see if we can reformulate some of these questions.
MS. WESTMORELAND: Sure.
THE COURT: To make it a little bit easier.
MS. WESTMORELAND: Sure.
THE COURT: So there's no misimpression to what you're asking.
MS. WESTMORELAND: Your Honor, I do want you to know that a lot of times, a lot of the phrases I'm using is her words, and I'm making sure I'm using her words so she has to answer the question in the affirmative.
THE COURT: We don't need to do that.
MS. WESTMORELAND: Okay.
THE COURT: Ask them in a way there won't be any misimpression by the jury as to what you're asking. If you have an exhibit that you're using and it uses particular language, that's obviously fair game. But other than that, let's try to -- the only other thing I will say is we have a very soft spoken witness. If at any time you would like the witness to speak up or anything like that, just ask me and that way I can provide an appropriate instruction to the witness.
MS. WESTMORELAND: Thank you. I appreciate it because I am having trouble hearing her.
THE COURT: And what I want to avoid is the questioning attorney giving any kind of instruction to the witness, because I would like it just to be formal through me.
MS. WESTMORELAND: Thank you.
THE COURT: Okay.
(Continued on next page)
(In open court; jury present)
MS. WESTMORELAND: Thank you.
BY MS. WESTMORELAND:
MS. WESTMORELAND: So you and Cassie, I'm in November and December 2023. Okay? At this point, you and Cassie are talking to each other again, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Because you and her are working with each other again, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you and Cassie, you're discussing lawsuits, true?
BRYANA BONGOLAN: Not while we were working.
MS. WESTMORELAND: Okay. So you remember I just asked you a little bit ago if Cassie called you at the end of 2023 right before filing her lawsuit and you said yes?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: All right. And you are aware that Cassie filed her lawsuit November 2023, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you were working with Cassie in November 2023, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you spoke to Cassie right before she filed her lawsuit and right after she filed her lawsuit, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: When you and Cassie were speaking, you were speaking about her lawsuit, true?
BRYANA BONGOLAN: True.
MS. WESTMORELAND: And you and her were discussing claims, past potential claims against Mr. Combs, true?
BRYANA BONGOLAN: Could you explain that more.
MS. WESTMORELAND: You and Ms. Ventura was discussing what you guys can maybe sue -- that you and Ms. Ventura could sue Mr. Combs?
BRYANA BONGOLAN: I kept my matter very private.
MS. WESTMORELAND: So you didn't tell Ms. Ventura why -- you didn't tell Ms. Ventura you were going to sue Mr. Combs; is that what you're saying?
BRYANA BONGOLAN: I didn't tell any of my friends.
MS. WESTMORELAND: Okay. Let's talk about that. When you and Cassie spoke before she filed her lawsuit, did you and Cassie speak anything in reference to some balcony incident?
BRYANA BONGOLAN: She had asked for my permission to put my name in her lawsuit.
MS. WESTMORELAND: And you said no?
BRYANA BONGOLAN: And I said no.
MS. WESTMORELAND: All right. And then Cassie filed a suit, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And then right after Cassie filed a suit, you filed a suit, true?
BRYANA BONGOLAN: Not right after.
MS. WESTMORELAND: Okay. You filed -- you hired lawyers in January, true?
BRYANA BONGOLAN: True.
MS. WESTMORELAND: But isn't it true that before you filed your suit, you and Cassie spoke right there at the end of the year; that's where I am, okay? Yes?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you guys talked about this balcony story, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And Cassie said, hey, this happened at a hotel, right?
BRYANA BONGOLAN: She didn't say it like that.
MS. WESTMORELAND: Right. She said something about a hotel, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you said, no, what about your apartment?
MS. SMYSER: Objection.
THE COURT: Hold on. Ms. Westmoreland, I think you need to rephrase that question.
MS. WESTMORELAND: Yes.
THE COURT: Re-ask it.
MS. WESTMORELAND: Yes.
MS. WESTMORELAND: You mentioned a -- you told Cassie -- you and Cassie discussed locations of where you would say this happened, true?
MS. SMYSER: Objection.
THE COURT: That's overruled.
BRYANA BONGOLAN: Yes. Sorry.
MS. WESTMORELAND: Cassie was saying hotel, you were saying your apartment has a balcony, true?
BRYANA BONGOLAN: I didn't say it like that.
MS. WESTMORELAND: Okay. Cassie said hotel, you said apartment?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And Cassie's apartment had a balcony, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you and Cassie were discussing potential dates, true?
BRYANA BONGOLAN: Yes. But just the way you say it...
MS. WESTMORELAND: Well, you said, you suggested one date, she suggested another, true?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Objection.
THE COURT: Grounds?
MS. SMYSER: Form, your Honor.
THE COURT: That's overruled.
MS. WESTMORELAND: True?
BRYANA BONGOLAN: Resay the question again.
MS. WESTMORELAND: You answered it already. All right. You and Cassie were discussing who you would say was there?
MS. SMYSER: Objection.
THE COURT: It's overruled.
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Cassie suggested Tiffany Red, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: You said no, your ex-girlfriend, true?
BRYANA BONGOLAN: True.
MS. WESTMORELAND: You and Cassie discussed on whether you would say whether Cassie saw it or not, true?
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: You don't remember?
MS. WESTMORELAND: All right. Cassie told you she never saw you get hung over a balcony, true?
BRYANA BONGOLAN: She did tell me she saw me.
MS. WESTMORELAND: She told you she did?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: Okay. Didn't you tell the government that you had to tell Cassie that she saw you over a balcony?
BRYANA BONGOLAN: I don't remember what I told them.
MS. WESTMORELAND: I'm sorry.
MS. WESTMORELAND: Your Honor, I'm sorry. I can't hear the witness.
BRYANA BONGOLAN: I do not remember what I said.
MS. WESTMORELAND: Okay. Well, I'll refresh your memory. But let me ask you, did you and Cassie have a conversation and Cassie told you she did not see you get hung over a balcony?
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: All right. Let's pull up 350-8021. Mr. Rob, please go to page nine for us. This is just for the parties and the witness, please. Right here. Let's make that big for the witness, please.
MS. WESTMORELAND: Please read this page and when you're finished, just look up at me. All right.
THE COURT: Ms. Westmoreland, can you also put up page eight.
MS. WESTMORELAND: Sure. Can you please put up page eight.
MS. WESTMORELAND: You done?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Mr. Rob, you can take it down.
MS. WESTMORELAND: You told Ms. Ventura she was there?
BRYANA BONGOLAN: She was there.
MS. WESTMORELAND: But you told her that; she didn't recall that, true?
MS. SMYSER: Objection.
THE COURT: That's sustained.
MS. WESTMORELAND: And you Cassie had all of these conversations in November and December of 2023, true?
BRYANA BONGOLAN: We had conversations.
MS. WESTMORELAND: The conversations I just asked you about?
BRYANA BONGOLAN: I don't know if they were all the conversations you were asking about.
MS. WESTMORELAND: I'm sorry. I didn't understand.
BRYANA BONGOLAN: I don't know if it was all the conversations you were asking about.
MS. WESTMORELAND: Okay. Well, let me ask you this: You and Ms. Ventura had the conversation in reference to dates, potential locations, individuals there, and who saw or did not see what all in the months of November and December, true?
MS. SMYSER: Objection.
THE COURT: On form grounds or something else?
MS. SMYSER: Yes, your Honor.
THE COURT: Ms. Westmoreland, can you rephrase the question.
MS. WESTMORELAND: Absolutely, Judge.
MS. WESTMORELAND: You and Cassie had a conversation in reference to the questions that I just asked you about; you had these conversations in November and December of 2023, true?
MS. SMYSER: Objection.
THE COURT: Overruled.
BRYANA BONGOLAN: I don't know if I had all the conversations you were asking for.
MS. WESTMORELAND: All right. Let me see if I can refresh your memory a little bit. Okay?
MS. SMYSER: Objection.
THE COURT: That's sustained.
MS. WESTMORELAND: All right. May I show you something to refresh your memory.
MS. SMYSER: Objection.
THE COURT: Why don't we put up -- if you want to do something, just do it.
MS. WESTMORELAND: Sure. Can you please pull the document, Mr. Rob, that you just had up.
MS. WESTMORELAND: Can you look at that, and then when you're finished, let me know. Isn't it true that -- you can take it down. Isn't it true that you told the government that you spoke to Ms. Ventura before she filed her lawsuit and pretty quickly after she filed her lawsuit, true?
MS. SMYSER: Objection, your Honor.
THE COURT: Needs to be rephrased.
MS. WESTMORELAND: All right.
MS. WESTMORELAND: You spoke to Ms. Ventura before she filed her lawsuit, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Ms. Ventura told you she was going to file a lawsuit, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Ms. Ventura filed that lawsuit in November 2023, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: You and Ms. Ventura discussed the details of the lawsuit, true?
BRYANA BONGOLAN: Can you explain that one again?
MS. WESTMORELAND: I asked you the question: You and Ms. Ventura spoke about this alleged balcony incident, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you discussed things like dates?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Locations?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Who was there or not there?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And then you went out and you hired a civil lawyer in January 2024, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: All right. Now, you've agreed with me that you saw this case, this case meaning Mr. Sean Combs' case, on the news, right?
BRYANA BONGOLAN: Yeah. It's everywhere.
MS. WESTMORELAND: I'm sorry. I can't hear her, Judge. A. Yes. It's everywhere.
MS. WESTMORELAND: It's everywhere. All right. So you agree with me that you're watching this case on the news and you are communicating with individuals that's testified at this trial, true?
MS. SMYSER: Objection.
THE COURT: That's sustained.
MS. WESTMORELAND: All right. I want to talk to you about some of the things you testified to today. Okay?
BRYANA BONGOLAN: Okay.
MS. WESTMORELAND: All right. I think the first thing that you told us about was that you were on FaceTime with Ms. Ventura, true? And that you saw that Ms. Ventura had a black eye?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. And you said that this was the first time you ever seen any sign of violence, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. All right. And you weren't there when Ms. Ventura received this black eye, right?
BRYANA BONGOLAN: I was not there.
MS. WESTMORELAND: I'm sorry, what?
BRYANA BONGOLAN: I was not there.
MS. WESTMORELAND: Okay. All right. So you were with Ms. Ventura for 2015 and some of 2016 and you didn't see any signs of violence with Ms. Ventura, true?
BRYANA BONGOLAN: Could you explain that?
MS. WESTMORELAND: Sure. You've already explained to us that you were around Ms. Ventura for over a year before you even met Mr. Combs, true?
BRYANA BONGOLAN: Yes. Yes.
MS. WESTMORELAND: All right. You saw -- when are you claiming to see -- when are you claiming that you had the FaceTime that you saw the black eye?
BRYANA BONGOLAN: Like around The Perfect Match time.
MS. WESTMORELAND: Which was when?
BRYANA BONGOLAN: I don't -- I don't know the exact date.
MS. WESTMORELAND: All right. Do you remember telling the government you saw this around May 2016?
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: Okay. You agree that it was some time -- you agree that movie was 2016?
BRYANA BONGOLAN: I don't remember the date of the movie.
MS. WESTMORELAND: I'm not asking the date. I'm just asking the year.
BRYANA BONGOLAN: Yeah. Like, I mean, I don't know the exact year.
MS. WESTMORELAND: Okay. You would agree that you and Cassie were around each other for at least a year or better before this happened, true?
BRYANA BONGOLAN: I don't know if it was a full year. Maybe.
MS. WESTMORELAND: Significant amount of time?
BRYANA BONGOLAN: Yeah. I don't know the dates, so. But, yeah, we were around each other.
MS. WESTMORELAND: Okay. All right. And then you talked to us about Cassie's 29th birthday party?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Now, on direct -- well, let me ask you this: You understood this was a surprise birthday party?
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: Okay. You remember going to a restaurant?
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: You remember going to karaoke?
BRYANA BONGOLAN: That I do remember.
MS. WESTMORELAND: Okay. What drugs were you doing that night?
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: Okay. You testified on direct that you saw or maybe kind of saw Mr. Combs and Ms. Ventura fighting. It would be more accurate to say arguing, true?
MS. SMYSER: Objection.
THE COURT: That needs to be rephrased.
MS. WESTMORELAND: You didn't see Ms. Ventura and Mr. Combs physically fighting at the birthday party, did you?
BRYANA BONGOLAN: I did not see them physically fighting.
(Continued on next page)
BY MS. WESTMORELAND: (Continued)
MS. WESTMORELAND: And then you testified about a knife situation, do you remember that?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. And you said that Cassie was in the hallway?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And that -- you said that Mr. Combs came in, you were sleeping?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. All right. So you say you were sleeping. Mr. Combs came in. And that Cassie was in the hallway, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Where was Mr. Combs?
BRYANA BONGOLAN: I only remember him around the entrance of the door.
MS. WESTMORELAND: All right. So he came in entrance of the door, Ms. Ventura is in the hallway, and he threw a knife at her?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: So he just walked in the door with a knife?
BRYANA BONGOLAN: I don't know.
MS. WESTMORELAND: You're not sure?
BRYANA BONGOLAN: I'm not sure.
MS. WESTMORELAND: You telling the truth?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: You remember telling this story before?
MS. SMYSER: Objection.
THE COURT: Sustained.
MS. WESTMORELAND: Are you being honest?
MS. SMYSER: Objection.
THE COURT: Sustained.
MS. WESTMORELAND: Okay. Your testimony is that -- is what you just told us; that Ms. Ventura was in the hallway. Mr. Combs was at the entrance front door, and that he just came in, threw a knife, true?
MS. SMYSER: Objection.
THE COURT: That's overruled. You can answer.
BRYANA BONGOLAN: I don't know like the -- like -- like the -- how it happened. I just saw what I saw.
MS. WESTMORELAND: Okay. You've talked about this story before, true?
MS. SMYSER: Objection.
THE COURT: Sustained.
MS. WESTMORELAND: You talked about this allegation before, true?
MS. SMYSER: Objection.
THE COURT: That's overruled. Ms. Westmoreland can we be a little more specific about what we're talking about here?
MS. WESTMORELAND: Sure.
MS. WESTMORELAND: You have spoken with the government about this alleged knife throwing incident, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Now, the first time that you spoke with the government, isn't it true that you told the government that Ms. Ventura and Mr. Combs would get in knife fights, plural, sometimes, isn't that true?
BRYANA BONGOLAN: I don't know that.
MS. WESTMORELAND: Okay. All right. Let me show you.
MS. WESTMORELAND: Mr. Rob, can you pull up 3508-003, page 3, paragraph 3, second sentence. It's the first sentence right here. Thank you -- second sentence.
MS. WESTMORELAND: Please read that to yourself and then look up when you're finished. All right. Now can you answer my question?
BRYANA BONGOLAN: Can you restate the question, please?
MS. WESTMORELAND: Sure. You told the government in the first interview that Mr. Combs and Ms. Ventura would just throw knives at each other, plural, sometimes in fights. You said it like it happens all the time?
MS. SMYSER: Objection.
THE COURT: That's sustained.
MS. WESTMORELAND: You told the government that sometimes Mr. Combs and Ms. Ventura would have knife fights, plural, true?
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: All right. You do understand that someone is there to -- that when you meet with the government, do you recall someone there taking notes?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: So they ask questions. You give answers, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. Regardless, you're now saying that you saw it happen one time, right?
MS. SMYSER: Objection.
MS. WESTMORELAND: Okay. You testified today you saw it once, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. And when you said that -- when you met with the government on a different occasion, didn't you explain that this happened in the kitchen?
BRYANA BONGOLAN: I was like suggesting maybe where the knife came from because I don't know where it came from.
MS. WESTMORELAND: Because it wouldn't make sense for Mr. Combs to walk in the front door and just throw a knife. Do you agree with that?
MS. SMYSER: Objection.
THE COURT: That's sustained.
MS. WESTMORELAND: So you told the government that the -- probably the kitchen because 0not because that's what you saw but because that made sense to you?
BRYANA BONGOLAN: Because I didn't remember.
MS. WESTMORELAND: Okay. So you really don't remember this incident, true?
MS. SMYSER: Objection.
THE COURT: That's overruled.
BRYANA BONGOLAN: Could you restate the question, please?
MS. WESTMORELAND: You really don't remember this?
BRYANA BONGOLAN: I just saw the knife get thrown, and the knife get thrown back.
MS. WESTMORELAND: Okay. All right. So you saw a knife get thrown. You didn't call the police, right?
BRYANA BONGOLAN: Nope.
MS. WESTMORELAND: You didn't immediately leave the house?
BRYANA BONGOLAN: No. He left.
MS. WESTMORELAND: Okay. You weren't worried that he could come back?
BRYANA BONGOLAN: I guess not.
MS. WESTMORELAND: And you testified that Mr. Combs would just come over, and he would just get in the house and you didn't even know how, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: So you saw this person come in, get in the door, you don't know how he gets in, he throws a knife, and once he left, you just were no longer worried?
MS. SMYSER: Objection.
THE COURT: Overruled.
BRYANA BONGOLAN: I don't remember how I felt then.
MS. WESTMORELAND: Okay. All right. Let's talk about you told us that Mr. Combs threatened -- well, you told us that Mr. Combs said at a photo shoot, "I can kill you." Do you remember that?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: The government showed you that picture. Do you remember that exhibit they showed you?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And it was a photo shoot, right? Do you remember?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: I could show it to you. It had a date on it. Do you remember that?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Now, you told the photo shoot allegations before, true, when you were speaking -- when you spoke to the government, you told them about that, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Did you realize that you told the government that this happened at a party, not a photo shoot?
MS. SMYSER: Objection.
THE COURT: Sustained. That needs to be rephrased.
MS. WESTMORELAND: All right. Did you tell the government that this happened at a party, that Mr. Combs said, "I'm going to kill you" at a party or "I could kill you" at a party?
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: Okay. All right. Let me ask you this: You met with the government -- the first time you met with the government was January 18, 2024. Do you recall that?
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: Okay. Let me show you.
MS. WESTMORELAND: Please pull 3508-003 and go to the date, please. It should be -- no, go to page 2, and go to the first paragraph, first sentence, first line, please. You can highlight the date, please.
MS. WESTMORELAND: Ma'am, when you finish, please look up at me. You done? All right. You spoke with the government on January 18, 2024, true?
BRYANA BONGOLAN: True.
MS. WESTMORELAND: And, ma'am, you didn't tell the government that Mr. Combs told you he could kill you?
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: You don't remember? I can let you read your document and see --
THE COURT: That's sustained.
MS. SMYSER: Objection.
MS. WESTMORELAND: Let me ask you this: Mr. Combs saying "I can kill you," that would be something really important to tell the government. Do you agree with that?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. And I just want to make sure I'm clear, you don't remember if you told the government that or not?
BRYANA BONGOLAN: I remember telling them. Just I don't remember when we met.
MS. WESTMORELAND: So you agree with me that you may have done your first interview and didn't mention that at all to the government?
BRYANA BONGOLAN: Could you explain that question again?
MS. WESTMORELAND: All right. You agree with me that you could have had an interview, the first interview with the government and for some reason did not mention that Mr. Combs said, "I could kill you"?
MS. SMYSER: Objection.
THE COURT: That's sustained.
MS. WESTMORELAND: All right. Let me ask you this: Your lawyers filed a civil lawsuit, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. And you had a lawyer -- you also had a lawyer that sent out some demand letters. You told us about that, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And isn't it true that in your first demand letter dated January 31, 2024, you said it was alleged that Mr. Combs said "I can kill you" while you were hanging over the balcony, true?
BRYANA BONGOLAN: My lawyer said that.
MS. WESTMORELAND: And that was not true, was it?
BRYANA BONGOLAN: Those are not my words.
MS. WESTMORELAND: Those are not your words because Mr. Combs, he didn't do that, right?
BRYANA BONGOLAN: He did.
MS. WESTMORELAND: He did?
BRYANA BONGOLAN: Just not at the same time.
MS. WESTMORELAND: Right. And although you knew that wasn't true, from -- what your lawyer put, you knew that was a lie, but you repeated that lie about "I'm going to kill you," true?
MS. SMYSER: Objection.
THE COURT: That's sustained.
MS. WESTMORELAND: All right. Ma'am, you didn't -- let's do some timelines. You met with the government January 18, 2024, true?
BRYANA BONGOLAN: True.
MS. WESTMORELAND: Okay. And your demand letter went out January 31, 2024, true? I can show it to you?
MS. SMYSER: Objection.
MS. WESTMORELAND: Your demand letter went out on -- are you aware that your demand letter went out January 31, 2024?
BRYANA BONGOLAN: I'm not aware.
MS. WESTMORELAND: All right. Let me see if I can show you.
MS. WESTMORELAND: Can you please pull --
MS. SMYSER: Objection, your Honor.
THE COURT: Let's have a very brief sidebar.
(Continued on next page)
(At the sidebar)
THE COURT: Ms. Westmoreland --
MS. WESTMORELAND: Yes.
THE COURT: -- do you have an anticipated ballpark estimate on timing on this cross?
MS. WESTMORELAND: Umm...
THE COURT: Is it more or less than 15 minutes?
MS. WESTMORELAND: It's more.
THE COURT: Is it more or less than 45 minutes?
MS. WESTMORELAND: Mmm, probably right around that time. I'm not good at this, but I know I'm over halfway. I don't even know how long I've been doing it here.
THE COURT: Ms. Comey, there was an issue raced about Mr. Santos. If it was with scheduling him, is that the issue?
MS. COMEY: No. Mr. Santos is local. It is not a travel issue. We were hoping to get him on the stand today. I realize that's not possible, but if we can stay a little later today to try to move this along so that we can get to Jane as quickly as possible.
THE COURT: Yes. As to the objections, here's the deal: The areas of inquiry that you are focusing on are proper and in fact were anticipated by the government in their direct examination. The mode of questioning is what the government is objecting to. And so if you could help me out and just try to clean the questions up a little bit so that there is not any lack of understanding on the witness's part, that would be much appreciated because I think that's where the objections are coming from, and that's causing this to kind of go a little longer because I'm having to ask for the question to be rephrased, and I would like to avoid that moving forward. Is that fair?
MS. WESTMORELAND: Yes, your Honor, I would absolutely try. But I would ask your Honor, as far as this line of questioning, to let her read her first interview because she can't answer the questions because I'm not allowed to refresh her.
THE COURT: No one said you don't -- you can't refresh the witness's recollection. I think it's the preambles, the questions that the witness may not be telling the truth. Those things are improper. If it continues, I'm going to ask you to move on from lines of questioning that you otherwise would be able to go into. Okay? Is that fair?
MS. WESTMORELAND: Okay.
MS. SMYSER: Your Honor, just one note, if I may, on the refreshing. I did object to the refreshment here because the witness said I don't know. There has been some refreshing that has taken place after the witness said I don't remember. That is what needs to happen before Ms. Westmoreland refreshes her recollection with the notes.
THE COURT: That's fair. Do you understand the objection? The objection is that you first need to ask the questions to establish that the witness does not have a recollection of things. And then if that is true, you can show the witness a document and attempt to refresh her recollection, all right? That was the objection. All right? Is there anything are further
MS. SHAPIRO: Yes, your Honor. Just for clarification, I don't know if it was the form. I think it's perfectly proper as long as the form is simple, clear, for the cross-examiner to ask the witness simply, you, know are you lying here today, or you're lying here today, aren't you? That's perfectly proper question during cross-examination as long as it's not convoluted by other things that make the question complex or compound or something like that.
THE COURT: Well, I think that there's a way to ask that question that would be proper, but it's the way in which these questions are being asked that I think has an argumentative tone, and I'm understanding that's the reason for the objection, not necessarily the inquiry as to whether the witness is telling the truth or not, which I agree with you, you can confirm that the witness is in fact telling the truth because that's what we're here to do.
MS. SHAPIRO: So just to be clear, you're just talking about tone.
MS. WESTMORELAND: I got it.
MS. COMEY: I was going to say, our objection is both: The argumentative nature of the questions and also the injection of counsel's commentary and times almost testifying about what's in documents or what documents say and what happened at events.
THE COURT: It's both. We're going to avoid that. I agree with what you are saying, and you can proceed on these areas of inquiry.
(Continued on next page)
(In open court)
THE COURT: Ms. Westmoreland, you may proceed.
MS. WESTMORELAND: You agree with me that you met with the government on January 18, 2024, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you agree with me that the first time you made the allegation of Mr. Combs saying he could kill you was in your demand letter dated January 31, 2024, true?
BRYANA BONGOLAN: Could you rephrase that question again?
MS. WESTMORELAND: Yes. You didn't tell that to the government, but your lawyer said that in his demand letter, true?
MS. SMYSER: Objection.
THE COURT: That's overruled.
BRYANA BONGOLAN: Could you say the question again?
MS. WESTMORELAND: Yes. Isn't it true that the first time that you alleged that Mr. Combs said he could kill you was by way of your lawyers in a demand letter on January 31, 2024, true?
BRYANA BONGOLAN: It was in a demand letter.
MS. WESTMORELAND: Yes. And that demand letter was dated after your interview with the government January 18, 2024, true?
BRYANA BONGOLAN: I don't know.
MS. WESTMORELAND: May I -- I'm going to show you a document.
BRYANA BONGOLAN: Okay.
MS. WESTMORELAND: All right.
MS. SMYSER: Objection, your Honor.
THE COURT: Is there an objection?
MS. SMYSER: Yes.
THE COURT: That's overruled.
MS. WESTMORELAND: Will you please pull 005, page 1. Take me to paragraph two. Can you please go to like third sentence from the bottom. Actually, you can just let her read that.
MS. WESTMORELAND: Ma'am, when you finish reading, just look up at me.
BRYANA BONGOLAN: The whole thing?
MS. WESTMORELAND: Sure.
BRYANA BONGOLAN: Or the highlighted part?
MS. WESTMORELAND: Why don't you read the -- you can read the paragraph?
THE COURT: Ms. Bongolan, you should read as much as you feel you need to read. Then just look up when you're done.
BRYANA BONGOLAN: Thank you.
MS. WESTMORELAND: All right. You can take it down, Mr. Rob.
MS. WESTMORELAND: Isn't it true that in your lawyer's demand letter, it was alleged that Mr. Combs said he could kill you while hanging you over a balcony?
BRYANA BONGOLAN: In this letter, it says it.
MS. WESTMORELAND: Yeah. And you knew that wasn't true?
BRYANA BONGOLAN: I know it's not true.
MS. WESTMORELAND: Okay. And you had met with the government before this demand letter went out, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: You didn't tell them anything about Mr. Combs said that he could kill you, true?
BRYANA BONGOLAN: I don't know.
MS. WESTMORELAND: Okay. And Mr. Tyrone -- that lawyer, he was at that first interview, true?
BRYANA BONGOLAN: Yes, he was there.
MS. WESTMORELAND: Okay. And after that -- after that letter -- that demand letter went out with those untruths, did you do anything to try to fix that?
BRYANA BONGOLAN: I let him go.
MS. WESTMORELAND: Okay. Now, you knew that what was in that demand letter was not true, but isn't it true that after that demand letter, that's when you told the government that Mr. Combs said he could kill you?
MS. SMYSER: Objection, your Honor.
THE COURT: Overruled.
BRYANA BONGOLAN: I don't remember when I told them.
MS. WESTMORELAND: Okay. You'd agree with me that Mr. Combs told you that you were giving Ms. Ventura too much drugs, right?
BRYANA BONGOLAN: Could you restate that question, please?
MS. WESTMORELAND: Mr. Combs told you that you were giving Ms. Ventura too much drugs, true?
BRYANA BONGOLAN: I don't remember when he said that.
MS. WESTMORELAND: Okay. Mr. Combs asked you to stop giving Ms. Ventura drugs?
BRYANA BONGOLAN: I don't remember him saying that.
MS. WESTMORELAND: Okay. Well, let me ask you this: Drugs were expensive weren't they?
BRYANA BONGOLAN: They are expensive.
MS. WESTMORELAND: They were expensive then too, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Now, you said they are expensive, meaning currently?
BRYANA BONGOLAN: I don't know.
MS. WESTMORELAND: Okay. All right. So when you were doing drugs, oftentimes you would run out of money for drugs, true?
BRYANA BONGOLAN: I don't know if I looked at it like that.
MS. WESTMORELAND: Okay. Do you recall telling the government that oftentimes you'd run out of money for drugs?
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: Okay. Let me see if I can show you something.
MS. WESTMORELAND: Will you please pull 3508-023, Mr. Rob? Let's go to page 6. I think the first dash.
MS. WESTMORELAND: When you're finished, look up at me. Isn't it true that you previously told the government you couldn't afford your drug habit?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And Cassie would cover the money that you needed to buy drugs, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: You and Cassie had a drug partnership?
BRYANA BONGOLAN: Could you rephrase that?
MS. WESTMORELAND: Sure. Drug partnership, meaning you would get the drugs, Cassie would pay for the drugs?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And part of your income, how you supported yourself was Cassie buying drugs from you, true?
BRYANA BONGOLAN: It was not my full income.
MS. WESTMORELAND: I asked you if part of your income was from Cassie buying drugs from you, true?
BRYANA BONGOLAN: A part of my income, yes.
MS. WESTMORELAND: Okay. And so it was hard for you to stop this drug partnership with Ms. Ventura because you were financially dependent on it, true?
MS. SMYSER: Objection.
THE COURT: That's sustained. Can you rephrase?
MS. WESTMORELAND: Let's discuss this balcony allegation, okay?
BRYANA BONGOLAN: Okay.
MS. WESTMORELAND: All right. Now, before testifying today, you've spoken about this allegation several times, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. And I want to make sure that I'm right. You had an interview with the government. We spoke considerably about your first interview that was January 18, 2024, okay, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And then you met with the government again on March 27, 2025, true?
BRYANA BONGOLAN: I don't remember the date, but I met with them.
MS. WESTMORELAND: Okay. And you met with the government again on 4/9/2025, true?
BRYANA BONGOLAN: Yes, I don't remember the date, but I met with them.
MS. WESTMORELAND: All right. What about recent dates, do you recall meeting with the government on 5/25/2025?
BRYANA BONGOLAN: That wasn't that long ago. Yeah, I met with them.
MS. WESTMORELAND: Okay. Well, do you recall meeting with the government on June 2, 2025?
BRYANA BONGOLAN: Yeah, that was not that long ago.
MS. WESTMORELAND: Do you recall meeting with the government on June 3, 2025?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Do you recall meeting with the government June 4, 2025?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Today?
BRYANA BONGOLAN: I'm sorry, saying dates are hard. I mean, I'm with them right now.
MS. WESTMORELAND: Okay. All right. And your -- you agree that you spoke about these -- the alleged balcony incident with the government during those interviews, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: All right. And we've spoken about your civil lawsuit, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you would agree with me that the letter that -- one demand letter went out January 31, 2024?
BRYANA BONGOLAN: Yeah, one demand letter went out.
MS. WESTMORELAND: Do you remember -- do you recall -- you're aware a second letter went out on February 21, 2022?
(Reporter inquires)
MS. WESTMORELAND: 2024.
BRYANA BONGOLAN: Could you say all that again?
MS. WESTMORELAND: That a second letter from your lawyer went out on February 21, 2024?
BRYANA BONGOLAN: I don't recall. I do know a letter went out.
MS. WESTMORELAND: Okay. And you recall that you actually filed a civil lawsuit, you recall that, right?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: And you filed that in November of '24, true?
BRYANA BONGOLAN: True.
MS. WESTMORELAND: And you would agree with me that allegations of this balcony situation were in your civil documents, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: All right. Today you testified that you were sleeping at Ms. Ventura's house, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And that Mr. Combs came over, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Started banging at the door?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Started yelling from the door -- from outside the door?
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: Isn't it true in your first interview that you told the government this was a party, not that you were sleeping?
BRYANA BONGOLAN: I don't recall that.
MS. WESTMORELAND: Okay. Let me show you something.
MS. WESTMORELAND: Can you please pull up document 004, page 4, paragraph three. I'm on the third line. Can you highlight the third line?
THE COURT: Ms. Bongolan, read what you need to read, and when you're ready, just look up, okay?
MS. WESTMORELAND: Thank you, your Honor.
MS. WESTMORELAND: You ready? Okay. You recall telling the government that this was a party, and you guys were just hanging out?
BRYANA BONGOLAN: It sounds like two different things. I don't remember saying a party. I remember hanging out.
MS. WESTMORELAND: Okay. What you -- when you say you remember it, what you just read does not refresh your memory?
MS. WESTMORELAND: And you do understand that when you were doing that interview and every other interview that the government is taking notes of what you say, right? You understand that?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. All right. Now, isn't it true that you didn't say that you were in the house sleeping until your civil complaint filed in November of 2024, true?
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: You agree with me that at a party and sleeping at Ms. Ventura's house is two different claims? They're different. You agree with that, right?
BRYANA BONGOLAN: Yeah, they sound different.
MS. WESTMORELAND: Okay. All right. You agree with me that in your first interview with the government, you told them that your girlfriend was just in the bathroom, not that you told your girlfriend to go hide in the bathroom. Do you recall that?
BRYANA BONGOLAN: My ex-girlfriend. And I don't remember.
MS. WESTMORELAND: Okay. Do you recall not telling the government that you told your girlfriend shhh?
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: Well, isn't it true that the first time you spoke with the government, you made this balcony allegation, you spoke to them about this, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And isn't it true that in that interview you never said that Mr. Combs came over, banging and yelling at the front door, isn't that true?
BRYANA BONGOLAN: That I never said it?
MS. WESTMORELAND: You never -- yes, isn't it true that you never said that?
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: All right. Let's pull 003, page 3, please. I'm going to show you something? Okay, paragraph three. It might be the next line. Can you do the next two paragraphs. You can take it down. I'll rephrase my question.
MS. WESTMORELAND: Ma'am, isn't it true that you didn't tell the government that you told your girlfriend to go hide in the bathroom in your first interview?
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: Okay. Well, would you agree that the allegation that Mr. Combs was banging on the outside of the door, that the first time that allegation was made was by your civil lawyer in your complaint. Do you agree with that?
BRYANA BONGOLAN: Could you rephrase the question?
MS. WESTMORELAND: That the first time you made the allegation that Mr. Combs was banging outside of the door yelling to get in was in your civil complaint?
BRYANA BONGOLAN: That it was in my civil complaint?
BRYANA BONGOLAN: It was in my civil complaint.
MS. WESTMORELAND: Let me ask you this: Let's talk about what you testified that you were doing while you were out on the balcony, okay?
BRYANA BONGOLAN: Okay.
MS. WESTMORELAND: You would agree with me that you've told very different stories about that, true?
BRYANA BONGOLAN: I believe I told one story, and ...
MS. WESTMORELAND: Which one was that? What you were doing on the balcony?
BRYANA BONGOLAN: Could you rephrase that?
MS. WESTMORELAND: All right. Isn't it true that one -- in one interview with the government, you told them that you were smoking weed on the balcony. Do you remember that?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And then isn't it true that in your civil demand letter, you said you were on the balcony smoking a cigarette, not marijuana, true?
BRYANA BONGOLAN: That's the one I don't agree with.
MS. WESTMORELAND: So you didn't agree with that. Isn't it true that after your demand letter, you met with the government again, true?
BRYANA BONGOLAN: Yeah, I met with them.
MS. WESTMORELAND: And then this time you told the government that you were actually pretending to smoke weed?
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: You agree with me that those are three different things, right?
BRYANA BONGOLAN: Those are three different things.
MS. WESTMORELAND: Okay. All right. You recall that today you testified that you saw -- that you were facing -- that your back was at the patio; that you were facing out. Do you recall that? That's what you testified to today. Do you recall that?
BRYANA BONGOLAN: My back was at the patio?
MS. WESTMORELAND: Yes, the door?
BRYANA BONGOLAN: Oh, yes.
MS. WESTMORELAND: That your back was at the patio door, so you were looking outward?
BRYANA BONGOLAN: Yeah, I was looking at the view.
MS. WESTMORELAND: You sure?
BRYANA BONGOLAN: Yeah.
MS. WESTMORELAND: Do you recall telling the government in your first interview that you were actually looking inward, and that you saw Mr. Combs charging directly at you from across the room?
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: Okay.
MS. WESTMORELAND: Can you pull up 00 -- I'm going to show you something. Can you pull up 003 for me? Can you go to the next paragraph also, please. Come out of the paragraph. Okay. Please, the third paragraph. Can you please highlight the first three lines? Thank you.
MS. WESTMORELAND: When you're finished, just look up at me. Isn't it true you were very detailed when you spoke about this to the government the first time, true?
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: Okay. Did you tell the government that you particularly recalled looking right at him, and he was charging at you from across the room? Do you recall telling the government that?
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: Okay. All right. Let's talk about today. You said Mr. Combs picked you up, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you said he had his arms down like this?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And isn't it true that the first time that you made this allegation with the government, you said Mr. Combs picked you up by -- you said he put his hands by your arms and your ribs, do you recall that?
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: Okay. Isn't it true that in your civil demand letter sent on the 31st, you said that Mr. Combs sexually assaulted you on that balcony?
MS. SMYSER: Objection.
THE COURT: Overruled.
BRYANA BONGOLAN: Could you restate that question, please?
MS. WESTMORELAND: Didn't you accuse Mr. Combs of actually sexually assaulting you on that balcony?
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: You don't remember that?
BRYANA BONGOLAN: I don't remember the first interview.
MS. WESTMORELAND: Okay. Did you tell the government that Mr. Combs sexually assaulted you?
BRYANA BONGOLAN: I told them where the hands were at.
MS. WESTMORELAND: Okay. Did you tell the government that Mr. Combs put his hands and groped you on your breast?
BRYANA BONGOLAN: I showed them where the hands were placed on my body.
MS. WESTMORELAND: Okay. Did you take it as an intentional groping?
MS. SMYSER: Objection.
THE COURT: That's sustained.
MS. WESTMORELAND: You agree with me that in your demand letter to Mr. Combs, you said that he groped your breast sexually assaulting you?
MS. SMYSER: Objection.
THE COURT: Sustained. The question needs to be rephrased.
MS. WESTMORELAND: Okay. You're aware that in your demand letter, you allege Mr. Combs -- that he came out on the balcony and started groping your breast?
MS. SMYSER: Objection.
THE COURT: Sustained.
MS. WESTMORELAND: Did you accuse Mr. Combs of groping your breast in that demand letter?
THE COURT: I think it's the "you" that --
MS. WESTMORELAND: Your lawyers on your behalf, are you aware that they accused Mr. Combs of groping your breast?
BRYANA BONGOLAN: Yes.
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And are you aware that in your second demand letter that you accuse Mr. Combs of groping your -- of squeezing your breasts so hard that your breasts had bruises on them?
MS. SMYSER: Objection.
THE COURT: Same ruling, and same instruction if you want to ask that question.
MS. WESTMORELAND: Okay. I will, your Honor.
MS. WESTMORELAND: Let me ask you this: When you sat down with the government the first time, you didn't say anything to the government accusing Mr. Combs of touching your breast, did you?
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: All right. Well, let me show you something, 003, same paragraph. Ma'am, you didn't tell the government that Mr. Combs tried to grope you on your breast, did you?
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: Okay. All right. So let's go to today -- let's go to how you said you were hung over the balcony, okay?
BRYANA BONGOLAN: Okay.
MS. WESTMORELAND: So -- and you agree with me that in your first interview -- scratch. Withdraw. You agree with me that sometimes you tell this story, Ms. Ventura saw you getting hung over the balcony, and sometimes you told this story she did not. Do you agree with me?
MS. SMYSER: Objection.
THE COURT: That's sustained.
MS. WESTMORELAND: You agree that in your first interview with the government, you said that you were thrown into the balcony furniture and then Ms. Ventura came out. Do you agree with that?
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: Okay. Do you agree that in the civil demand letter, it was alleged that Mr. Combs said he would kill you -- could kill you, and then while you were hanging over the balcony, do you recall that?
MS. SMYSER: Objection.
MS. WESTMORELAND: Okay.
THE COURT: Does the "okay" mean that you're going to rephrase or ...
THE COURT: Okay.
MS. WESTMORELAND: Let me ask you this: Your civil complaint, let's go November 27, 2024, okay?
BRYANA BONGOLAN: Okay.
MS. WESTMORELAND: All right. You agree that in your civil complaint, your lawyers on your behalf said that Ms. Ventura came out and witnessed you over the balcony, right?
BRYANA BONGOLAN: Could you say that again?
MS. WESTMORELAND: In your civil complaint, your lawyers on your behalf allege that Ms. Ventura saw you, witnessed you hanging over the balcony?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: It's the same thing you said today, right?
BRYANA BONGOLAN: I had said yes.
MS. WESTMORELAND: Okay. Isn't it true that in your -- that in your fourth interview with the government, you said that Mr. Combs threw you into the furniture, you landed, and then Ms. Ventura came out?
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: Okay. Can you pull 023. Go to page 7.
THE COURT: Ms. Westmoreland, are you showing the witness a document to refresh her recollection?
MS. WESTMORELAND: Yes, I am. This is just for the witness and the parties in an attempt to refresh her recollection. Can you please go to under the second dash? And it's about midway through.
THE COURT: Hold on. Let's take the second dash, that entire part. Let's blow it up for the witness for her convenience. Ms. Bongolan, read as much as you need to, and when you're done, if you'd look up, we'd appreciate it.
MS. WESTMORELAND: Ma'am, did that refresh your memory?
BRYANA BONGOLAN: To some extent.
MS. WESTMORELAND: Isn't it true in your fourth interview with the government, you said Ms. Ventura came out after you landed. You landed, and then Ms. Ventura came out?
BRYANA BONGOLAN: I see the notes, but I don't remember.
MS. WESTMORELAND: You do agree with me that there's a big difference between you saying Ms. Ventura seeing you hanging over a balcony or Ms. Ventura came out and saw you once you were already hanging over the balcony. You agree that's a big difference, right?
MS. SMYSER: Objection.
THE COURT: Overruled.
BRYANA BONGOLAN: Could you say the question again?
MS. WESTMORELAND: You agree that's two different stories?
MS. SMYSER: Objection.
THE COURT: That's sustained. It needs to be rephrased.
MS. WESTMORELAND: Ma'am, you agree that alleging Ms. Ventura saw you hanging over the balcony like with her own two eyes is different than saying once you were on the ground, Ms. Ventura came in. You agree that's two different allegations. There's two different -- that's different?
MS. SMYSER: Objection.
THE COURT: That's overruled. You can answer.
BRYANA BONGOLAN: They are two different statements.
MS. WESTMORELAND: All right. Let's talk about how you say Mr. Combs lifted you over. You would agree with me that in your civil lawsuit that was alleged on your behalf, that Mr. Combs put you over the bannister; that you got yourself back over the bannister, and then he put you over again. Do you agree with that?
BRYANA BONGOLAN: Which civil complaint?
MS. WESTMORELAND: Yours.
BRYANA BONGOLAN: There's like two.
MS. WESTMORELAND: You have more than one civil complaint?
BRYANA BONGOLAN: I had two lawyers.
MS. WESTMORELAND: I'm talking about your civil complaint filed on November 27, not demand letters. When you actually filed the suit.
BRYANA BONGOLAN: Could you say the question again?
MS. WESTMORELAND: Isn't it true that in your civil complaint that you allege that Mr. Combs put you over the balcony, over the bannister, that you were able to get yourself back over the bannister, and that he put you over the bannister higher, so he put you over again. So this didn't happen once but twice?
MS. SMYSER: Objection.
THE COURT: Grounds? Form?
MS. SMYSER: Form.
THE COURT: Rephrase the question.
MS. WESTMORELAND: Did you allege in your civil complaint that you got yourself over the bannister, and then he put you back over the bannister?
BRYANA BONGOLAN: Can you say the question again?
MS. WESTMORELAND: Let me ask you this: Would that statement be true that Mr. Combs hung you over the bannister twice?
BRYANA BONGOLAN: I was struggling with my feet.
MS. WESTMORELAND: Okay. Let's talk about your next interview with the government, okay? That was on 4/9/2025, all right? Now I want to put time-wise, this is 15 months after your first interview, okay?
MS. WESTMORELAND: I'm sorry, Judge. I can't hear.
BRYANA BONGOLAN: I was just agreeing like with your time line.
MS. WESTMORELAND: Okay. And you agree with me that in between your interviews, you've spoken with Cassie, right, you agree with that, over a 15-month period?
BRYANA BONGOLAN: That I spoke to her?
BRYANA BONGOLAN: Like just in general?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: All right. Isn't it true that in your third interview, you told the government not that you were hung over a balcony, but that your feet were on the rail?
MS. SMYSER: Objection.
MS. WESTMORELAND: Did you tell the government on 4/9/2025 that Mr. Combs -- that your feet was on the rail, then on and off again, the rail?
BRYANA BONGOLAN: Could you say that again?
MS. WESTMORELAND: Instead of alleging that Mr. Combs hung you over a balcony, did you tell the government on 4/9/2025 that your feet did an on-and-off the rail?
MS. SMYSER: Objection.
THE COURT: That needs to be rephrased. I think you had --
MS. WESTMORELAND: Had it the second time?
THE COURT: A couple times.
MS. WESTMORELAND: All right. Ma'am, on 4/9/2025, did you tell the government that instead of being hung over the rail, that your feet were on the rail?
MS. SMYSER: Objection, your Honor.
THE COURT: Sustained.
MS. WESTMORELAND: All right. Let me ask you this: You met with the government two days ago?
BRYANA BONGOLAN: Yeah.
MS. WESTMORELAND: You can remember your interview from two days ago, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And isn't it true in your interview two days ago, you said -- the government asked you about this balcony situation again, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you told them you couldn't recall, you couldn't recall the details?
MS. SMYSER: Objection.
THE COURT: Is there a question there?
MS. WESTMORELAND: Yes, isn't it true you told the government just two days ago you couldn't recall the details of what happened on the balcony?
MS. SMYSER: Objection, your Honor.
THE COURT: That's overruled.
BRYANA BONGOLAN: Can you say the question again?
MS. WESTMORELAND: Isn't it true that just two days ago, you told the prosecution you just don't recall the details of the balcony allegation?
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: Ms. Bongolan, what drugs were you on that night that you said this balcony situation happened?
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: Let me see if I can show you a document to help refresh your memory. Okay. Mr. Rob, can you please pull 004, page 5, middle of the page. It is about middle of the page before the space, but she can look up at me when you're finished reading whatever you need to read. You can take it down, Mr. Roy.
MS. WESTMORELAND: Ms. Bongolan, do you remember what drugs you were on?
MS. WESTMORELAND: Didn't you tell the government that you were on Molly, G, and cocaine?
MS. SMYSER: Objection.
THE COURT: Grounds?
MS. SMYSER: It's inaccurate and misleading, your Honor.
THE COURT: All right. Do you want to rephrase the question?
MS. WESTMORELAND: Sure. Did you tell the government that you were on Molly, G, and cocaine on the day of the alleged balcony incident?
MS. SMYSER: Objection.
THE COURT: Overruled.
BRYANA BONGOLAN: I didn't say those drugs on the night of the balcony.
MS. WESTMORELAND: Okay. Do you deny being on those drugs that night?
BRYANA BONGOLAN: That's a lot of drugs. I didn't do those.
MS. WESTMORELAND: You said that's a lot of drugs, you didn't do those?
BRYANA BONGOLAN: Not that night.
MS. WESTMORELAND: Today you testified about your alleged injuries. Do you remember that testimony on direct?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: I want to talk about that for a moment, okay?
BRYANA BONGOLAN: Okay.
MS. WESTMORELAND: All right. Now, isn't it true the first time you met with the government, you said your injuries were dislocated jaw, bruised ribs, and spine issues.
BRYANA BONGOLAN: Those are some of the problems I had.
MS. WESTMORELAND: You didn't tell the government about any other problems in your first interview, did you?
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: Isn't it true that you told the government that your jaw issues really may be because of your drug issues?
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: Isn't it true that you told the government that your spine issue may have been balcony related?
BRYANA BONGOLAN: It could have, but I don't remember.
MS. WESTMORELAND: Okay. Since it could have, Ms. Bongolan, what else could it be? How else could you have hurt your spine?
BRYANA BONGOLAN: At that time, that was the only one.
MS. WESTMORELAND: When you told the government it may be spine related, that maybe means maybe or maybe not?
BRYANA BONGOLAN: I don't know.
MS. WESTMORELAND: Isn't it true that two weeks after you told the government jaw, ribs, spine, that in your demand letter, your lawyer allegedly added your head and your neck?
MS. SMYSER: Objection.
THE COURT: That's overruled.
BRYANA BONGOLAN: Which demand letter?
MS. WESTMORELAND: The first one.
BRYANA BONGOLAN: He may have added that, but I didn't agree with him with a lot of things.
MS. WESTMORELAND: You didn't agree with him. You didn't agree with him that your neck was hurt because of the balcony incident?
BRYANA BONGOLAN: That one, yes.
MS. WESTMORELAND: Okay. So you didn't tell the government in your first interview anything about your neck was hurt for the balcony incident, true?
BRYANA BONGOLAN: Again, I don't remember that interview.
MS. WESTMORELAND: Okay. All right. Let's go with -- you said you didn't remember the first demand letter. I want to talk about the second one, okay?
THE COURT: Let me stop you there for a moment. Ms. Westmoreland, how much time do you have left anticipated?
MS. WESTMORELAND: How much time were you giving because I would like to finish today.
THE COURT: I asked you how much time you had.
MS. WESTMORELAND: One moment.
(Pause)
MS. WESTMORELAND: Your Honor, it's going to be awhile.
THE COURT: All right. At this time, we're at 4:00. So, members of the jury, I'm going to allow you to proceed home. You can go elsewhere, but you don't need to stay here. Same instructions as usual: Do not speak with each other about the case. Don't speak with anybody else about the case. Don't look up or investigate anything related to the case. We'll see you here tomorrow at 10:45 to be here to start at 11:00 a.m. All rise for the jury.
(In open court; jury not present)
THE COURT: Ms. Bongolan, we will see you here tomorrow morning. And the government knows this, but you're not to have any discussions with the government. Okay. With that, have a great evening.
BRYANA BONGOLAN: Thank you.
(Witness temporarily excused)
THE COURT: Please be seated. Ms. Westmoreland, how much time left? I mean, we need to know because we need to be able --
MS. WESTMORELAND: I understand.
THE COURT: -- to handle the scheduling here and make sure we're handling things in an expeditious manner.
MS. WESTMORELAND: Your Honor, I doubt it will take over another hour. Forty-five minutes. I mean, I think 30 but I'm worried to say that and then I go to 45 and, you know.
THE COURT: All right.
MS. WESTMORELAND: And it also depends on if the questions are being answered. So --
THE COURT: Well, I think the questions are being answered. I think that, again, I would just use the evening to help everyone out and just see if there's a way to streamline the questioning. And you've heard the objections. You understand the nature of them. So there's probably a way for you to ask the questions you want to ask without drawing some of the objections. That will help us move forward I think maybe closer to 30 minutes as opposed to 40 minutes. So thank you for doing that. Anything from the government before we adjourn?
MS. JOHNSON: Your Honor, I think just this evening or tomorrow before Jane testifies we'll want to discuss the pseudonym instruction with the Court, whatever your preference is.
THE COURT: So, sorry, I missed the first part of that.
MS. JOHNSON: Sure. Either this evening or tomorrow before court starts, we'll want to discuss the government's proposed instruction on pseudonyms.
THE COURT: So we can do that at 10:30. Is there a dispute brewing?
MS. JOHNSON: There is. I e-mailed the Court. I understand you might not have had a chance to review during the afternoon testimony. I e-mailed the Court what the government's position and the defense position on the proposed instruction.
THE COURT: The only dispute is over the bolded language?
MS. JOHNSON: I don't want to speak for Ms. Shapiro. I think the defense doesn't want the instruction given again, period. But the bolded language is also certainly in dispute.
THE COURT: What's the defense's position? I might understand the objection to the double emphasis as reflected in the bolded text, but the other portion of that instruction is what I -- essentially what I told the gallery the first time around, without objection from either side.
MS. SHAPIRO: Yes, your Honor. We believe it's unnecessary to repeat the instruction and we're concerned that doing so will exacerbate the Constitutional problems with pseudonymity that we have raised in the past that I understand the Court has overruled relating to both Mr. Combs' Constitutional due process confrontation clause and right to public trial, as well as the public and the press's right to a public trial and to free speech in part of --
THE COURT: And in what way are you saying that people in the gallery, from the sketch artists down, should feel free to document the appearance of the witness? Because that's all that that text really talks about.
MS. SHAPIRO: I think --
THE COURT: Ms. Shapiro, can you please just pull the microphone.
MS. SHAPIRO: I'm sorry, your Honor. I think we're concerned that the way it's phrased that it has chilled efforts to even describe the witness's demeanor, for instance. And we're just concerned that saying it yet again is going to deter accurate -- not descriptions of what the person looks like, but vaguer descriptions that may reflect people's observations of the witness's demeanor. So that's really the issue with repeating it. And as I indicated in -- or I think Ms. Johnson accurately represented our position in the e-mail, that if the bolded language -- we object to the bolded language for those additional reasons and would -- so if the Court is not inclined to give the bolded language, that's great, I'll stop talking about that.
THE COURT: Okay. Well, I think that the other language likely does the trick. And in terms of the issues that were raised, there were a couple of issues that came up, but, by and large, I don't think that the people who are in this courtroom or in the overflow rooms, in any way, were trying to violate the Court's order. I think that they were trying to stay true to the order. In terms of demeanor and those types of depictions of the attitude or the tone or the nature of the testimony, I believe that that was fully reported by the press. And so I don't think that there was any inhibition nor was any sort of inhibition reflected in the instructions that I gave to the gallery.
MS. SHAPIRO: I think there's --
THE COURT: The thing that was important was that based on the appearance of the witness, there was a concern that people in the gallery might describe that appearance in a way that might lead to a violation of some of the victim witnesses' rights, and we've already gone over that in some of the pretrial motion practice. And I'm pretty sure that everyone stuck true to that. So the point here was to remind people that, not only in this courtroom but also in the overflow rooms, that they are required to adhere to those rules. I may not have been that clear about that particular fact the first time we had the instruction. This is to make sure that there's no mistake about that particular issue moving forward this time around.
MS. SHAPIRO: I understand. I'll just note for the record, that at least from what I saw of the mainstream press, as opposed to other media, I disagree with the Court's observation, but I'll leave it at that.
THE COURT: All right. So I'm likely to give the instruction without the bolded language. But this looks as if it's very similar to what I said the first time around. It might be a cut and paste.
MS. JOHNSON: It's a cut and paste.
THE COURT: Yeah. I know I didn't say it as like artfully as I would have liked to. So I'm likely to do that so I don't think we need to address it again in the morning. The only other thing I will say is just on -- I'll say this because it came up during the direct examination. At the end of Mr. Bongolan's direct examination, there was a sidebar about a conversation that Ms. Bongolan had with Mr. Holladay, and the government urged that the statement was admissible principally under 801(d)(2)(C), and the Court offered the government a chance to lay a foundation for that or another exception in particular, the exception under (d)(2)(D). And the government did so not by eliciting any facts or knowledge of the witness concerning the nature of the relationship between Mr. Holladay and Mr. Combs, but rather to ask further questions about the statement made by Mr. Holladay. And there was a suggestion that that would be permissible under rule 104, which is in general true.
However, rule 801(d)(2) makes clear that the statement itself does not by itself establish the declarant's authority under subsection (C), the existence or scope of the relationship under subsection (D), or the existence of the conspiracy or participation in it under subsection (E). Those are the three exceptions that the government had urged. Further, courts have made clear that to fit even under the exception under subsection (C) courts generally require that a person making a statement be an agent of the party opponent. That's from Penguin Books v. New Christian Church, 262 F.Supp 2d 251 at page 260(S.D.N.Y. 2003) and that the individual must have had specific permission to speak on a subject such as a contract, as opposed to rule 801(D)(2)(D) where the individual only had to have general authority of the business area the contract falls under. Based solely on what Ms. Bongolan had had a conversation with Mr. Holladay about, the government failed to establish those requirements considering the limitations of rule 802 -- 801, excuse me, (d)(2). So that was the reason why, when I reviewed the transcript, I sustained the objection and I just wanted to make sure that was clear on the record. Anything further from the government?
MS. COMEY: No, your Honor. As I think we flagged for your Honor, we plan to raise some issues that the parties have not agreed on with respect to exhibits for Jane, and we will be ready to discuss those at 10:30 tomorrow morning.
THE COURT: So we'll be here at 10:30. Is Mr. Santos going to be presented before Jane?
MS. COMEY: I don't know, your Honor. We're now behind schedule for Jane, and it looks like we're going to be behind schedule for her, and I really don't want her to miss her flight. So I don't know. I need to discuss with the team. But the defense has been on notice of Mr. Santos and Jane possibly testifying as soon as today, so I imagine there's no prejudice to them if we make the decision later tonight.
THE COURT: And if we needed to, and if I made everyone, we could go late the Thursday or Friday I guess. We're going a little bit later on Thursday. We could go later on Friday and we could go later on Monday, Tuesday, and Wednesday, and but not Thursday because that's when the flight would be.
MS. COMEY: She has to make the flight, yes, your Honor.
THE COURT: We can add some time on those days.
MS. COMEY: I appreciate that, your Honor.
MS. SHAPIRO: Your Honor, I'm sorry. I want to ask the Court, if you do that, if you could not go later tomorrow. If it was any other witness, I would say it's fine --
THE COURT: We are not going later tomorrow because we have a sentencing proceeding in another case.
MS. SHAPIRO: So you're going to end at 4:00 tomorrow.
THE COURT: We are going to end at 4:00 tomorrow.
MS. SHAPIRO: Thank you.
THE COURT: Anything further from the government?
MS. COMEY: No, your Honor.
THE COURT: Anything from the defense?
MR. DONALDSON: Yes, Judge. Just briefly. I want to bring up just a small matter. Or big to us, but small maybe. We have -- Mr. Agnifilo has been discussing quite often Mr. Combs' inability for us to meet with him, what we think, in a necessary fashion to continue our effective representation. But now we have a, I think, more urgent matter in that he can't call us. And I'm saying that because I -- he's supposed to have a certain amount of minutes. I've been speaking with the legal department from MDC quite often. They have always been, in my opinion, very responsive to me and my inquiries and they have tried to resolve this problem. It's my understanding that he has 300 minutes right now to use. And he hasn't used any of them according to legal over at MDC. However, for some reason, Mr. Combs has not been able to make a phone call to us at all in the last three or four days. That's problematic because of course we have to communicate with him sometimes when he's gone or whatever. And so if we can't communicate with him at all via phone --
THE COURT: And you raised this with MDC and legal and what did they say?
MR. DONALDSON: They have communicated with me several times yesterday, and I think as late as last night that the matter has been resolved. I'm reading an e-mail right now where it says that he has used zero of 300 minutes. But he is not able to make a phone call because when he picks up the phone, they're telling him he has no minutes. So that's a problem because we can't communicate with him at all. So if we can't communicate with him at all, again, it causes us a significant problem with our effective representation of him during this trial. So we can't -- we have short time in the courthouse that you gracefully let us do yesterday. But now once he gets back, we can't communicate with him at all between the time he gets back and the next morning, which is really unacceptable. I'm not blaming legal at MDC because they have been extremely responsive to me. But for some reason, Mr. Combs can't make the necessary phone calls to communicate with us, and that is quite frankly, unacceptable at this point while we're on trial. Particularly, when we have to make decisions about various substantive things during the evening between 7:00 and 10:00 or whatever. We just can't do it effectively. Now, generally I would say the ask is to ask the Court to pick up the phone and call somebody and say make the phone calls available right now or it's going to be a problem. I don't know if the Court would do that, but that's normally what we would ask. Or the government someone to intervene, because we can't continue without the appropriate communication with Mr. Combs for this trial. Just can't do it.
THE COURT: Well, I've inquired several times on this very issue. It appears that you've inquired several times on this very issue. So I'm going to issue an appropriate order today. I'll convey that to the parties, and you can convey that to MDC legal and hopefully that will do the trick.
MR. DONALDSON: I appreciate that.
MS. COMEY: Your Honor, may I just ask for the record, Mr. Donaldson said that the defendant has not been able to communicate at all with his counsel. My understanding was, setting aside the phones, which are obviously an issue that should be addressed, that there's an e-mail or a text system that should still be available to inmates at the MDC. So I just wanted to check and see whether the defendant is actually able to communicate over CorrLinks, I think is what it's called, or if that is also an issue.
THE COURT: That's a good clarification. I understood Mr. Donaldson only to be speaking about the phone, but are you able to use the CorrLinks system?
MR. DONALDSON: Well --
MS. GERAGOS: I'm so sorry to come in with the assist.
THE COURT: That's fine.
MS. GERAGOS: If I may just because I communicate with Mr. Combs on CorrLinks, I wanted to answer this question and make sure the record is totally accurate. On CorrLinks, yes, we are able to communicate. However, there are times where there's 24 to 48-hour delays, so it's not -- CorrLinks does not operate the way like texting does from your phone. CorrLinks operates, it goes through somebody at BOP who has to clear it, and then it goes through. So it does operate on a delay. I just wanted to make that clear that it's not immediate, certainly not at night.
MR. DONALDSON: Right. So that assist was correct. It's not real time. So if he sends an e-mail to us at 9:00 or 8:00, we may not see that until we're here in court the next day, which would not be helpful to us. So it's not real time. It goes to a third party and sometimes, quite frankly, we don't get noticed of the CorrLinks messages. So I don't think that's an appropriate remedy. I think we have to be able to communicate with Mr. Combs via phone as quickly as possible. Just this is not what proves to be an effective way to represent Mr. Combs.
THE COURT: All right. We will be on it. Anything further from the defense before we adjourn?
MR. DONALDSON: No. Thank you very much.
THE COURT: We'll see everyone here at 10:30 tomorrow.
(Adjourned to June 5, 2025, at 10:30 a.m.)