2.Bryana Bongolan — Cross/Redirect/Recross (Part 3)
1,142 linesMS. WESTMORELAND: Thank you, your Honor. BRYANA BONGOLAN, resumed. CROSS-EXAMINATION, continued
BY MS. WESTMORELAND:
MS. WESTMORELAND: Good morning.
BRYANA BONGOLAN: Good morning.
MS. WESTMORELAND: Your Honor, first I would like to offer governments Exhibit 7Y-111 into evidence pursuant to stipulation, Government Exhibit 1304, paragraph 60. Please do not publish, just show it to the parties.
THE COURT: All right. 7Y-111 will be admitted.
(Government's Exhibit 7Y-111 received in evidence)
MS. WESTMORELAND: Thank you, your Honor. Could you please publish Government Exhibits 3S-105. Thank you.
MS. WESTMORELAND: Ms. Bongolan.
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: You remember when the government showed you this photo on direct yesterday, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And this photo was the photo shoot where you said that Mr. Combs threatened you, true?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: And the date of this photo shoot is April 24th, 2016; you agree?
BRYANA BONGOLAN: It could be on or around.
MS. WESTMORELAND: Okay. So close in that time?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay.
MS. WESTMORELAND: All right. You can take that down. Can you please pull up Exhibit 1281 for the parties, Defense Exhibit 1281.
MS. WESTMORELAND: Ms. Bongolan, is that in front of you; can you see it?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: Just one page at a time, please. All right. I want you to look up at the top. You recognize your number there?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you recognize the other number there?
BRYANA BONGOLAN: I understand who it is, but I don't remember the number.
MS. WESTMORELAND: Your Honor, I would like to offer Defense Exhibit 1281 into evidence.
MS. SMYSER: No objection.
THE COURT: Defense Exhibit 1281 will be admitted.
(Defendant's Exhibit 1281 received in evidence)
MS. WESTMORELAND: Can you please publish.
MS. WESTMORELAND: All right. Ma'am, you see here it says two participants at the top, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And the first participant, Cass; you see that, true?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: And that's Cassie, right?
BRYANA BONGOLAN: I would assume it is, right?
MS. WESTMORELAND: And you see the second person, Bana; that's you, true?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: And you see this date is May 10th, 2016?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: What is this?
BRYANA BONGOLAN: I don't remember, but it looks like drugs.
MS. WESTMORELAND: What kind of drugs?
BRYANA BONGOLAN: I wouldn't know at the moment. But some type of drug.
MS. WESTMORELAND: Okay. And you see that at the top of the screen it says Bana at the top of the picture; so this text would be from you, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: So you're sending Ms. Ventura this text?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And this is about ten days, between a week or two right after allegedly Mr. Combs, you said, that he made those statements to you at that photo shoot? You would agree with that, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. All right. So Mr. Combs, you said, that he made those threats at the end of April, but you continued -- and Ms. Ventura was his girlfriend at the time, right?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: Okay. But you just continued keeping your friendship with Ms. Ventura business as usual, true?
BRYANA BONGOLAN: Could you explain that, please.
MS. WESTMORELAND: This is a week later. You're still dealing with Ms. Ventura, right?
MS. SMYSER: Objection.
THE COURT: It's overruled.
MS. WESTMORELAND: True?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay.
MS. WESTMORELAND: You can take that down.
MS. WESTMORELAND: I want to show you another document.
MS. WESTMORELAND: Can you please pull up exhibit -- Defense Exhibit 1287 just for the parties.
MS. WESTMORELAND: Ma'am, you see your phone number up at the top? You recognize your number?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: All right. And you see the other number up at the top also. You recognize that?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Your Honor, I move to admit Defense Exhibit 1287.
MS. SMYSER: No objection.
THE COURT: Defense Exhibit 1287 will be admitted.
(Defendant's Exhibit 1287 received in evidence)
MS. WESTMORELAND: Thank you. Please publish.
MS. WESTMORELAND: Let's discuss this text. You see at the top two participants?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And those participants would be yourself and Cassie?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you see the date is May 31st, 2016, true?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: Okay. And what's this picture?
BRYANA BONGOLAN: It looks like some type of drug again.
MS. WESTMORELAND: Well, some type or several?
BRYANA BONGOLAN: Looks like a few drugs, yeah.
MS. WESTMORELAND: Can you please tell us what drugs those are?
BRYANA BONGOLAN: I can't tell by the picture.
MS. WESTMORELAND: Okay.
BRYANA BONGOLAN: Yeah.
MS. WESTMORELAND: But this text message would be from you, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. To Cassie?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. And so you're still doing drugs with Cassie or texting Cassie about drugs on May the 31st, 2016, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: You can take that down.
MS. WESTMORELAND: Now, you're telling us that, according to you, that Mr. Combs threatened your life a few weeks before that post, right?
MS. SMYSER: Objection.
THE COURT: Hold on for a second. It's overruled.
BRYANA BONGOLAN: Could you say the question again.
MS. WESTMORELAND: Yes. I mean, you told all of us that at the end of April 2016, that Mr. Combs threatened your life; that's what you said, right?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: So in the weeks to follow you were just continuing on dealing with Cassie, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Weren't you scared to do that?
BRYANA BONGOLAN: I guess not. I guess not.
MS. WESTMORELAND: Okay. I want to go back to where we left off yesterday in reference to the balcony, okay?
BRYANA BONGOLAN: Okay.
MS. WESTMORELAND: All right. Now, you testified that Mr. Combs hung you over the balcony, right?
BRYANA BONGOLAN: Yes. He held me over the balcony.
MS. WESTMORELAND: Okay. He held you over the balcony and then he threw you into some furniture, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you said that Cassie Ventura witnessed this?
BRYANA BONGOLAN: I said I heard her voice as I was getting thrown.
MS. WESTMORELAND: Okay. Wait, I want to make sure we're clear. You're not saying that Cassie Ventura saw this?
BRYANA BONGOLAN: I don't know.
MS. WESTMORELAND: You don't know?
BRYANA BONGOLAN: I can't speak for her.
MS. WESTMORELAND: Okay. Isn't it true that you told the government on several different occasions that Ms. Ventura saw this?
BRYANA BONGOLAN: I spoke to them, but again, I don't recall.
MS. WESTMORELAND: You don't recall?
BRYANA BONGOLAN: No, ma'am.
MS. WESTMORELAND: Okay. All right. And you said that as a result of Mr. Combs and what happened on that balcony incident that you hurt your leg, right?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: Okay. And you said that you hurt your back, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: You said you hurt your neck?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. And you said, you testified yesterday, you had night-terrors, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And that you suffer from nightmares?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And that you recently, I mean as of days ago, was having nightmares about this, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: About the balcony incident?
BRYANA BONGOLAN: Just in general.
MS. WESTMORELAND: In general, okay. And you testified that the attorney, attorney Tyrone -- you remember him?
BRYANA BONGOLAN: I remember him.
MS. WESTMORELAND: And you explained to us yesterday that some of the things, some of the injuries in his demand letter, that you knew they weren't accurate, true?
BRYANA BONGOLAN: I know that things aren't accurate. I just don't know exactly which ones you're talking about.
MS. WESTMORELAND: Okay. Well, yesterday I asked you some questions about some claims that was made on your behalf in that lawsuit, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And one of the claims that I asked you questions about was that the demand alleged that Mr. Combs grabbed -- groped your breast. Do you remember when I asked you about that yesterday?
MS. SMYSER: Objection, your Honor.
THE COURT: Yeah. I think you need to rephrase the question. Maybe take a step back.
MS. WESTMORELAND: Okay.
THE COURT: There might be some confusion what you're asking about.
MS. WESTMORELAND: Sure.
MS. WESTMORELAND: So Mr. Tyrone was your lawyer, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. And you're aware that in one of his demand letters sent on your behalf, that he alleged that Mr. Combs grabbed and squeezed your breasts so hard that you had bruises?
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: Okay. You don't remember what exactly?
BRYANA BONGOLAN: I don't remember all the context in his -- in his, like, claims, writings, papers.
MS. WESTMORELAND: Okay. So are you saying -- well, let me just ask you now. Are you saying that that's true or not?
BRYANA BONGOLAN: I'm saying that many of the things he said was incorrect.
MS. WESTMORELAND: I'm asking you about that one.
BRYANA BONGOLAN: The bruises on my chest?
MS. WESTMORELAND: That Mr. Combs squeezed your breasts so hard that it left bruises on your breasts; is that true or not?
BRYANA BONGOLAN: That's incorrect.
MS. WESTMORELAND: That's incorrect. Okay. And because of claims like that, you testified yesterday that's why you fired Mr. Tyrone, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. And you hired new civil lawyers, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. And they drafted a lawsuit for you, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you reviewed that lawsuit, correct?
BRYANA BONGOLAN: To the best of my ability, yes.
MS. WESTMORELAND: And so you are aware that in that lawsuit with your new civil lawyers, that they still claim sexual assault on your behalf; you're aware of that, true?
MS. SMYSER: Objection.
THE COURT: It's overruled.
BRYANA BONGOLAN: I'm aware.
MS. WESTMORELAND: Okay. And you spoke to the government after that civil lawsuit, you spoke to the government on April 9th, 2025, true?
BRYANA BONGOLAN: I don't remember the date, but yes, I spoke to them.
(Continued on next page)
MS. WESTMORELAND: OK. And when you spoke to the government, you told them that Mr. Combs grabbed your breasts, right?
BRYANA BONGOLAN: I told them where he placed his hands.
MS. WESTMORELAND: So the first time you spoke to the government, before the demand letter went out, before a lawsuit was filed, you never alleged that Mr. Combs grabbed your breasts. Isn't that true?
BRYANA BONGOLAN: Again, I don't remember.
MS. WESTMORELAND: OK. Let me see if I can refresh your memory. Can you please pull doc 003. On the phone part. Please go to the next page.
MS. WESTMORELAND: All right. You can look at the whole page, but you can look at paragraph 3. And I will show you paragraph 4.
BRYANA BONGOLAN: I was just -- OK. Next paragraph. OK.
MS. WESTMORELAND: All right. So would you like me to repeat my question?
BRYANA BONGOLAN: Yes, please.
MS. WESTMORELAND: When you met with the government, your first time, January 18, 2024, you spoke about this a balcony incident, true?
BRYANA BONGOLAN: Yes, from what I've seen.
MS. WESTMORELAND: And you never told the government, you never claimed that Mr. Combs grabbed your breasts in any shape, form or fashion, did you?
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: OK. Well, you are -- you don't deny that you did an interview in January, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you had your lawyer there with you, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: As a matter of fact, Mr. Tyrone was there, wasn't he?
BRYANA BONGOLAN: Yes, he was.
MS. SMYSER: Objection.
THE COURT: Hold on. The objection is overruled, and you got an answer. So, Ms. Westmoreland.
MS. WESTMORELAND: Thank you, your Honor.
MS. WESTMORELAND: And the prosecution was there, right, the prosecutors?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: The same prosecutor that did your direct?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: OK. And you understand that there was someone there taking notes; you understand that, right?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: OK. And you would agree with me that making a claim of that nature would be a pretty big deal, pretty important?
MS. SMYSER: Objection.
THE COURT: That's sustained.
MS. WESTMORELAND: Ma'am, isn't it true that your lawyer, Mr. Tyrone, alleged for the first time sexual assault, and although you knew that wasn't true, you started repeating that story?
MS. SMYSER: Objection.
THE COURT: Overruled.
BRYANA BONGOLAN: Can you say that again, please?
MS. WESTMORELAND: Ma'am, isn't it true that although your lawyer, Mr. Tyrone, started that story about the sexual assault and even though you knew it wasn't true, you started repeating it?
BRYANA BONGOLAN: Sorry. Can you rephrase that?
MS. WESTMORELAND: OK. Isn't it true that although your lawyer, Mr. Tyrone, started that story, that sexual allegation, and you knew it wasn't true, you fired him, but then you kept that lie? Isn't that true?
MS. SMYSER: Objection, your Honor.
MS. WESTMORELAND: I'll rephrase it.
THE COURT: Let me see if I can help.
MS. WESTMORELAND: All right.
THE COURT: Maybe if you break it down, then I think you can ask the questions that you're trying to ask.
MS. WESTMORELAND: Absolutely, Judge.
MS. WESTMORELAND: After your first interview with the government, you're aware that attorney Tyrone sent a letter on your behalf, isn't that true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you're aware that he put multiple claims in that demand letter that just wasn't true, right?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: And you fired him because of that, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And he -- Mr. Blackburn, Tyrone Blackburn, he's the one who alleged on your behalf that Mr. Combs sexually assaulted you, true?
BRYANA BONGOLAN: I just don't -- I can't speak for him, so I'm having a hard time answering the question.
MS. WESTMORELAND: Don't worry. I want you to speak for -- I want you to speak for you. OK?
BRYANA BONGOLAN: Yeah.
MS. WESTMORELAND: All right. Your attorney, Tyrone, he started that sexual assault story, but you kept that even though you knew it was a lie, true?
MS. SMYSER: Objection.
THE COURT: That's overruled.
BRYANA BONGOLAN: The word "started," it's hard to agree with the whole thing you're saying.
MS. WESTMORELAND: After that demand letter, you kept repeating that lie?
MS. SMYSER: Objection.
THE COURT: You need to maybe specify what you're talking about a little bit.
BY MS. WESTMORELAND:
MS. WESTMORELAND: The lie about grabbing your breast.
BRYANA BONGOLAN: Can you resay it?
MS. WESTMORELAND: OK. Ma'am --
BRYANA BONGOLAN: I'm listening.
MS. WESTMORELAND: -- although you knew that Mr. Combs did not sexually assault you, after your demand letter, you started repeating that lie?
BRYANA BONGOLAN: Again, it's --
MS. SMYSER: Objection, your Honor.
THE COURT: That's overruled. A. That word "started," it's hard to agree with everything you're saying.
MS. WESTMORELAND: All right. Please take "start" out of it. Whatever started it, you continued to accuse Mr. Combs of sexually assaulting you even though you knew that wasn't true?
BRYANA BONGOLAN: Sorry. It's really hard to commit to the whole sentence because those parts that are true, but the way that you're asking the question, it's hard to answer, because I don't -- I don't agree with all of it.
MS. WESTMORELAND: OK. Ma'am, was it your understanding that claiming sexual assault was the only way you could file a lawsuit?
MS. SMYSER: Objection.
THE COURT: That needs to be rephrased if you want to ask a question along these lines.
BY MS. WESTMORELAND:
MS. WESTMORELAND: Ma'am, did you believe -- did you believe -- that the only way for you to file a lawsuit was to say that Mr. Combs sexually assaulted you?
MS. SMYSER: Objection.
THE COURT: Overruled.
BRYANA BONGOLAN: I don't recall.
MS. WESTMORELAND: OK. Let's go back to the balcony. All right?
MS. WESTMORELAND: You didn't make a police report, did you?
MS. WESTMORELAND: You didn't call the police?
BRYANA BONGOLAN: No, I did not.
MS. WESTMORELAND: Well, you were -- according to you, you were hung over the balcony and you were screaming for dear life, right?
MS. SMYSER: Objection.
THE COURT: That's sustained.
BY MS. WESTMORELAND:
MS. WESTMORELAND: You were screaming?
BRYANA BONGOLAN: Can you resay that?
MS. WESTMORELAND: Were you screaming?
BRYANA BONGOLAN: Yes, I was screaming back.
MS. WESTMORELAND: OK. Are you aware of anyone else calling the police?
BRYANA BONGOLAN: I have no idea.
MS. WESTMORELAND: OK. Now, this was a building; you were at Cassie Ventura's home, right? This happened there, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And this place is a building, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Other tenants there, you're aware?
BRYANA BONGOLAN: I suppose, I guess.
MS. WESTMORELAND: OK. You didn't go to the hospital, did you?
MS. WESTMORELAND: What about -- you didn't go to an urgent care?
BRYANA BONGOLAN: No, ma'am.
MS. WESTMORELAND: OK. And you testified at some point you went to a chiropractor?
BRYANA BONGOLAN: Yes, I went.
MS. WESTMORELAND: And you didn't tell the chiropractor what happened?
BRYANA BONGOLAN: No. I was scared.
MS. WESTMORELAND: You were scared?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: OK. And you testified that your girlfriend put those bandages on you, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: OK. And when you went to the chiropractor, they didn't professionally put bandages on you or anything?
BRYANA BONGOLAN: No. I hurried out.
MS. WESTMORELAND: You hurried out?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: With a neck brace?
BRYANA BONGOLAN: It was given to me.
MS. WESTMORELAND: OK. All right. You were hurt?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Really hurt?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: OK. And you took that neck brace, you put it on?
BRYANA BONGOLAN: The chiropractor showed me how to put it on.
MS. WESTMORELAND: OK. And the girlfriend that you said put the bandages on you --
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: -- and that was the same girlfriend that was there?
BRYANA BONGOLAN: The night of the incident?
MS. WESTMORELAND: Yes.
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: What's her name?
BRYANA BONGOLAN: She goes by Sarah or Friday.
MS. WESTMORELAND: Ma'am, not what she goes by. Can you please provide her first and last name?
BRYANA BONGOLAN: I believe it's, like, Sarah Siddell. It was a while ago.
MS. WESTMORELAND: And you didn't tell -- this night of, that you said this happened, you didn't tell Ms. Sarah about it?
BRYANA BONGOLAN: No. Again, I didn't want her involved.
MS. WESTMORELAND: OK. And isn't it true when you met with the government that you warned them that the girlfriend that you said was there, that she wouldn't know about anything about you being hurt or injured by Mr. Combs? Right?
MS. SMYSER: Objection.
THE COURT: That's overruled.
BRYANA BONGOLAN: Could you say that question again?
MS. WESTMORELAND: Sure. When you interviewed with the government, you warned them that the girlfriend you claimed was there, she wouldn't know anything about any injuries that you said that Mr. Combs did to you?
MS. SMYSER: Your Honor, objection to warned.
THE COURT: Yes. Can you rephrase.
BY MS. WESTMORELAND:
MS. WESTMORELAND: You told the government -- well, I'll back up a little bit. The government asked you who was there, right?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: And you told them that a girl named Friday was there, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: OK. Not Tiffany Red, like with Ms. Ventura?
BRYANA BONGOLAN: Not her.
MS. WESTMORELAND: All right. And you told the government in advance that the girlfriend, Friday, that she didn't know about the allegations you were making, true?
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: OK. All right. So after you claim that Mr. Combs caused you all this, the injuries, you continued to go around him?
BRYANA BONGOLAN: Yeah, when he was -- when we were around. It wasn't often.
MS. WESTMORELAND: You said yes -- I'm sorry?
BRYANA BONGOLAN: Yeah. It was sporadic when I hung out with him, so it wasn't often, but I was around him.
MS. WESTMORELAND: It wasn't often but -- you what?
BRYANA BONGOLAN: I was around him.
MS. WESTMORELAND: So you weren't too scared to go around him?
BRYANA BONGOLAN: I kept my distance.
MS. WESTMORELAND: You kept your distance? OK. Well --
MS. SMYSER: Objection to the commentary, your Honor.
MS. WESTMORELAND: Apologies, your Honor.
THE COURT: All right.
BY MS. WESTMORELAND:
MS. WESTMORELAND: You told us yesterday about your eight-hour ketamine day, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you told us that was after the injuries that you showed us, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: OK. And that was around Mr. Combs, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: You kept your distance during this eight-hour ketamine fest?
BRYANA BONGOLAN: Like I was saying yesterday, I felt like we were trying to get along, so I picked and choose.
MS. WESTMORELAND: OK. Well, isn't it true that you told the government that after doing eight hours of ketamine, that you and Mr. Combs sat down and shared a blunt together?
BRYANA BONGOLAN: I do remember that.
MS. WESTMORELAND: OK. So it's your testimony that Mr. Combs did these horrific things to you and then you later sat down and shared a blunt with him, true?
BRYANA BONGOLAN: Yeah, it was sometime later.
MS. WESTMORELAND: It was sometime later?
BRYANA BONGOLAN: Yeah.
MS. WESTMORELAND: All right. I want to ask you some questions about some other times. OK?
MS. WESTMORELAND: I want to take you back to October 4, 2016. OK?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you would agree that October 4, 2016, is just eight days after September 26?
BRYANA BONGOLAN: Yeah, I agree.
MS. WESTMORELAND: OK. Isn't it true that on October 4 of 2016, that you went to Mr. Combs's concert?
BRYANA BONGOLAN: I don't know the date, but I did attend a concert.
MS. WESTMORELAND: OK. Let me see if showing you a document will refresh your memory in reference to the date. For the parties only, can we please pull up Defense Exhibit 1887.
MS. WESTMORELAND: Please review that and look up at me when you're finished.
MS. WESTMORELAND: All right. You can take that down.
MS. WESTMORELAND: Does this refresh your memory that you went to Mr. Combs's concert on October 4, 2016?
BRYANA BONGOLAN: The texts don't really remind me that I went, but I know I went.
MS. WESTMORELAND: You did?
BRYANA BONGOLAN: Yeah.
MS. WESTMORELAND: All right. Did you sit on the front row, go backstage?
BRYANA BONGOLAN: Kind of everywhere, yeah.
MS. WESTMORELAND: Kind of everywhere? Everywhere at Mr. Combs's concert?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: Weren't too scared to do that?
BRYANA BONGOLAN: No. I was helping as much as I could.
MS. WESTMORELAND: You were helping?
BRYANA BONGOLAN: Yeah.
MS. WESTMORELAND: OK. Close proximity to Mr. Combs?
BRYANA BONGOLAN: I don't think I was around him most of the time, but yeah.
MS. WESTMORELAND: Watched him perform?
BRYANA BONGOLAN: What was that?
MS. WESTMORELAND: Did you watch him perform?
BRYANA BONGOLAN: I don't know if I watched him perform.
MS. WESTMORELAND: OK. All right. Let's discuss October 5. Now we're a few days past a week of when you said this happened to you. OK?
MS. WESTMORELAND: And you went to a club, Bootsy Bellows, true?
BRYANA BONGOLAN: I don't know. But I've been to that club.
MS. WESTMORELAND: OK. Well, you recall that October 5, that was a private party that you attended; do you recall that?
BRYANA BONGOLAN: I don't know if it was a private party, but I remember attending something at Bootsy Bellows.
MS. WESTMORELAND: OK. Let me show you something to see if it would refresh your memory.
MS. WESTMORELAND: Can you please pull doc 021 for the parties only, page 8, and sent dash.
MS. WESTMORELAND: Please look up at me when you're done.
BRYANA BONGOLAN: Yes, I see --
MS. WESTMORELAND: You see it?
BRYANA BONGOLAN: I'm there.
MS. WESTMORELAND: All right. Please turn to the ladies and gentlemen of the jury and tell them who rented out the club that night.
BRYANA BONGOLAN: Oh -- I mean, it's Sean Combs.
MS. WESTMORELAND: Mr. Combs?
BRYANA BONGOLAN: Yeah.
MS. WESTMORELAND: All right. So you're testifying that Mr. Combs caused you significant injuries, right? I'm sorry.
BRYANA BONGOLAN: I'm listening.
MS. WESTMORELAND: I'm saying true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: All right. And about a week or so later, you go to Mr. Combs's private party, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: OK. And you club with him?
MS. SMYSER: Objection.
THE COURT: Overruled.
BRYANA BONGOLAN: I attended the club, but I'm pretty sure it wasn't, like -- I mean I really don't remember. I know going, I know attending. I went to his event, but yeah.
MS. WESTMORELAND: OK. You weren't too fearful enough to not go to Mr. Combs's event, were you?
BRYANA BONGOLAN: I know I always had, like, a feeling inside, but, yeah, so I went.
MS. WESTMORELAND: OK. You have that neck brace on?
BRYANA BONGOLAN: Probably not.
MS. WESTMORELAND: You're not sure?
BRYANA BONGOLAN: I'm not sure.
MS. WESTMORELAND: So you may have had the neck brace on that night?
BRYANA BONGOLAN: Yeah. Probably not there, but I don't think I would want to be seen with a neck brace.
MS. WESTMORELAND: OK. So your neck wasn't so hurt that you needed to have your neck brace on when you attended Mr. Combs's private party about a week or so later?
MS. SMYSER: Objection.
THE COURT: That's overruled.
BRYANA BONGOLAN: Could you resay that?
MS. WESTMORELAND: Sure. Your neck was not so hurt where you needed to wear that neck brace when you were going to Mr. Combs's private party a little -- a week or so later, after this alleged incident, true?
BRYANA BONGOLAN: I probably should have and didn't.
MS. WESTMORELAND: OK. You probably should have because your neck was still hurt?
BRYANA BONGOLAN: I can't recall.
MS. WESTMORELAND: OK. All right. So you took a picture -- you would agree with me you took a picture in that neck brace, and then you took it off?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: All right. And you would agree with me that you went back to partying with Mr. Combs?
BRYANA BONGOLAN: I partied, I mean, not with him.
BRYANA BONGOLAN: That incident, yes.
MS. WESTMORELAND: And while you were at the club, you were drinking?
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: You told your drug dealer Ray Jay to bring some drugs to the club, do you remember that?
BRYANA BONGOLAN: I don't know what happened -- I don't, I don't know why -- his name is Ray Jay, but I don't remember.
MS. WESTMORELAND: OK. All right. Can you please pull doc 1852, page 1 and 2, please. All right. One page at a time, Mr. McLeod. Thank you.
MS. WESTMORELAND: All right. Can you look at the top, and you recognize your number?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: At the top?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you recognize the other numbers or some of the other numbers listed at the top?
BRYANA BONGOLAN: I know the names.
BRYANA BONGOLAN: Numbers I can't remember.
MS. WESTMORELAND: Your Honor, I move to admit Defense Exhibit 1852.
MS. SMYSER: No objection.
THE COURT: 1852 will be admitted.
(Defendant's Exhibit 1852 received in evidence)
BY MS. WESTMORELAND:
MS. WESTMORELAND: I'd like to read this out loud. I'll be the green. You can be the blue. OK?
MS. WESTMORELAND: All right. All right. So the green says: "Cassie: Hola, you ladies want to come" -- excuse me. "You ladies wanna have a wine smoke cooking catch up sleep over?"
BRYANA BONGOLAN: "I was just about to hit you. "LOL."
MS. SMYSER: Objection, your Honor. I think it's misleading.
MS. SMYSER: Text.
BY MS. WESTMORELAND:
MS. WESTMORELAND: I'll read Cas, and you read yourself. Is that OK? You're not on this page. Let me get to the next page.
MS. WESTMORELAND: All right.
THE COURT: Why don't we do this. Look, Ms. Westmoreland, why don't you ask this witness the questions you want to ask her. You have this in evidence. If you need to read something from the document, you can.
MS. WESTMORELAND: OK. Can you go to the next page, please.
MS. WESTMORELAND: And your response on page 2 is: "Yea, we can at like 8." Do you agree?
BRYANA BONGOLAN: Yes, that's all there.
MS. WESTMORELAND: All right. You can take it down.
MS. WESTMORELAND: So Cassie is asking you if you want to come over and have a sleep-over?
BRYANA BONGOLAN: Asking Yonce and I, yes.
MS. WESTMORELAND: OK. And did you see that date was October 9?
MS. WESTMORELAND: I'm sorry. Can you please publish it back and show the date, please.
BRYANA BONGOLAN: I see the date.
MS. WESTMORELAND: OK. You can take it back down.
MS. WESTMORELAND: So on October 9, less than two weeks after you allege that Mr. Combs caused you significant injuries and terror, you were willing to go back to the exact same place, the apartment, to spend the night?
BRYANA BONGOLAN: Yeah. That's -- yeah.
MS. WESTMORELAND: You said yes?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: OK. Can you please pull exhibit, Defense Exhibit 1853, page 1 and 11.
MS. WESTMORELAND: All right. I'm going to focus on the top. Do you see your phone number there; do you recognize that?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: OK. And you see the other number at the top, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: OK. All right. Your Honor, I move Defense Exhibit 1853 into evidence.
MS. SMYSER: No objection.
THE COURT: 1853 will be admitted.
(Defendant's Exhibit 1853 received in evidence)
MS. WESTMORELAND: Your Honor, since this is just two parties, can we read the text?
MS. SMYSER: No objection to that, your Honor.
THE COURT: All right. You may proceed.
MS. WESTMORELAND: Thank you.
MS. WESTMORELAND: Ma'am, will you please read Bana and I'll read Cas.
BRYANA BONGOLAN: Yes, I could do that.
MS. WESTMORELAND: All righty.
BRYANA BONGOLAN: I don't really know what I wrote, to be honest, maybe it says 15mgees Roxane's.
MS. WESTMORELAND: Roxane's. OK. Do you know what that is?
BRYANA BONGOLAN: No, ma'am.
MS. WESTMORELAND: "coolio. "What are you and Friday hungry for? "And you won't be here until 8?"
BRYANA BONGOLAN: "Let me think. "And 7/8 ish. Still here. Almost done designing. "KK. Hit me later. luh ya. Thank you for yesterday."
MS. WESTMORELAND: "Luv ya."
BRYANA BONGOLAN: "Oh Ima go grab you newborn and raised soon. "P want some?"
MS. WESTMORELAND: "Question mark, question mark."
BRYANA BONGOLAN: OK. "The hoodies you like."
MS. WESTMORELAND: "Ya." Ma'am, isn't P Mr. Combs?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: So you're asking here --
MS. WESTMORELAND: You can take that down.
MS. WESTMORELAND: You're asking Cassie if P -- for Puffy, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: You're asking if he would like a sweatshirt?
BRYANA BONGOLAN: Yes, I did.
MS. WESTMORELAND: OK. And you're alleging that Mr. Combs, just two weeks prior to this, hung you over a balcony, threw you into furniture, you sustained severe injuries and now you're asking if he'd like a T-shirt?
MS. SMYSER: Objection.
THE COURT: Overruled.
BRYANA BONGOLAN: Yeah, like I said, I -- we had that FaceTime call. We were trying to be cool.
MS. WESTMORELAND: OK. Wait. Can you repeat that again?
BRYANA BONGOLAN: Which part?
MS. WESTMORELAND: What you just said. Your explanation on why you did this.
BRYANA BONGOLAN: We had the FaceTime call after the incident, right? And I believe I stated, like, I don't want any problems, and this shows me that I was trying to be cool.
MS. WESTMORELAND: Ma'am, isn't it true that you told the government that in a FaceTime call after this alleged balcony incident, that you and Mr. Combs didn't even discuss the balcony?
BRYANA BONGOLAN: I don't remember.
MS. WESTMORELAND: OK. Ma'am, isn't it true that you continued to hang around Mr. Combs and spend the night at Cassie Ventura's house because Mr. Combs did not cause you those injuries? Isn't that true?
MS. SMYSER: Objection.
THE COURT: Overruled.
BRYANA BONGOLAN: Could you rephrase that?
MS. WESTMORELAND: Ma'am, isn't it true that you continued to hang out with Mr. Combs and you continued to spend the night at Ms. Ventura's house because Mr. Combs did not cause you those injuries? Isn't that true?
BRYANA BONGOLAN: Part of that statement is correct and part of that statement I don't -- I can't agree with.
MS. WESTMORELAND: OK. I'd like to show you -- can you please pull up Defense Exhibit 1856.
MS. WESTMORELAND: All right. You recognize your phone number up at the top?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you see the number and email address behind yours?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Your Honor, I move to admit Defense Exhibit 1856.
THE COURT: All right. Defense Exhibit 1856 will be admitted.
(Defendant's Exhibit 1856 received in evidence)
MS. WESTMORELAND: Thank you. Can you put it a little bigger for me, Mr. McLeod, so I can read it. Thank you.
MS. WESTMORELAND: All right. This text message, you agree that it's from October 15, 2016?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: OK. And this message is from Mr. Combs to you?
BRYANA BONGOLAN: That's what it seems like.
MS. WESTMORELAND: OK. And I'll read it: "When friends get high with each other there not supposed to let there friends fuck up and not try to stop them. Your real wack to me for that. If you gonna do K with her, at least have her back. "Real wack." Do you remember receiving this text message?
BRYANA BONGOLAN: I remember receiving them.
MS. WESTMORELAND: OK. We can take that down.
MS. WESTMORELAND: You were under the impression that Mr. Combs really wanted you to stop doing so much drugs with Cassie, isn't that true?
BRYANA BONGOLAN: I can't speak for him.
MS. WESTMORELAND: I asked you if you were under the impression.
BRYANA BONGOLAN: Can you rephrase that?
MS. WESTMORELAND: Did you feel like, that Mr. Combs really wanted you to stop doing so much drugs with Cassie?
BRYANA BONGOLAN: It was confusing because of everything going on.
MS. WESTMORELAND: All right. Let's talk about the photos of your injuries. OK?
MS. WESTMORELAND: OK. Now, one photo -- you turned over these photos to the government, true?
BRYANA BONGOLAN: True.
MS. WESTMORELAND: All right. And one photo was a picture of your leg, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: OK. And you described that picture as being on the back of your thigh, true?
BRYANA BONGOLAN: Somewhere back of my leg, yes.
MS. WESTMORELAND: And you described it as deep cut with some bruising around it, true?
BRYANA BONGOLAN: I said it was a big bruise with, like, a -- I can't remember exactly what I said, but, like, some type of piercing.
MS. WESTMORELAND: OK. And you told the government that this balcony incident happened early in the morning, true?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: OK. And that the photo was taken later that day at your apartment, true?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: And that you were alone when you took the photo, right?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: OK. And then you provided another photo, you know, the one with you in the neck brace, right?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: The bandages. And you explained that that photo was airdropped or texted to you, true?
BRYANA BONGOLAN: I explained that because I couldn't remember, so --
MS. WESTMORELAND: But that's what you said?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: OK. And you told the government that during an interview, right?
BRYANA BONGOLAN: Sorry. Say that again?
MS. WESTMORELAND: You told the government that during an interview, that it was airdropped or texted to you, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you testified to that yesterday, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you testified yesterday that both of those injuries happened on the same day, true?
BRYANA BONGOLAN: Sorry. Say that again?
MS. WESTMORELAND: You testified yesterday on direct -- you were shown both of your photos, right?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: And madam prosecutor asked you about the second photo; that was the one with your back and your neck. You remember that, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And she asked you if both of those injuries happened on the same day, and you testified it did, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: OK. Can you please publish Government Exhibit 3S102A.
MS. WESTMORELAND: This is the picture of your leg, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And can you please make the date big for us. Enlarge it. Thank you.
MS. WESTMORELAND: All right. And you agree with me that this is Monday, September 26, 2016, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: At 9:45 a.m., true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And this is the metadata from your phone, right?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: OK. Can you remove that part and keep the exhibit up.
MS. WESTMORELAND: And at the bottom of this exhibit it shows that this is your phone, Apple phone 7, right?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And it shows your location, true?
BRYANA BONGOLAN: Yeah.
MS. WESTMORELAND: OK. And this is the metadata from your phone, right?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: OK. You can take that down.
MS. WESTMORELAND: Ma'am, are you familiar with the Bad Boy Reunion Tour, aren't you?
BRYANA BONGOLAN: Yeah.
MS. WESTMORELAND: Because you worked on that tour, on a portion of it, true?
BRYANA BONGOLAN: I worked on it unofficially.
MS. WESTMORELAND: OK. But you worked on it, right?
BRYANA BONGOLAN: Yeah.
MS. WESTMORELAND: OK. And you started it but you didn't finish the tour, right?
BRYANA BONGOLAN: Could you explain further?
MS. WESTMORELAND: You told the government you started on the tour but you didn't finish it, true?
BRYANA BONGOLAN: I don't really understand what you're saying.
MS. WESTMORELAND: OK. You worked on some portion of the Bad Boy tour, true?
BRYANA BONGOLAN: Like, I didn't attend certain dates?
MS. WESTMORELAND: Right. But you attended some of them?
BRYANA BONGOLAN: Maybe, like, one.
BRYANA BONGOLAN: Two, maybe one.
MS. WESTMORELAND: Do you remember Cassie's travel schedule during the month of September?
MS. WESTMORELAND: Do you remember Mr. Combs's travel schedule during the month of September?
MS. WESTMORELAND: I'd like to show you some documents to see if it would refresh your memory. Can you please show to the parties only --
MS. SMYSER: Objection, your Honor. There's no failure of memory here.
MS. WESTMORELAND: Your Honor, she said she didn't remember.
MS. SMYSER: No.
THE COURT: Ms. Westmoreland, you may proceed. You're going to put a document in front of the witness.
MS. WESTMORELAND: I'm sorry, your Honor. I'm so sorry.
THE COURT: That's OK. You're going to put a document to refresh the witness's recollection.
MS. WESTMORELAND: Just to refresh the witness, yes.
THE COURT: All right.
MS. WESTMORELAND: I'm going to do a few documents. Can you please show to the parties only 1879. Can you please enlarge the bottom. After you finish reviewing, please look up at me. All right. Please take that down. Can you please pull up Defense Exhibit 1881 just for the parties. After you finish reviewing that, please look at me. All right. Can you please pull up just for the parties 1884. Can you make that a little larger. When you're done, just look up at me. OK. One more. Can you please pull up doc 1886 just for the parties. When you're done looking at this one, please let me know. Thank you.
MS. WESTMORELAND: Ms. Bongolan, you know that Mr. Combs performed at the Prudential Center in Newark, New Jersey, September 25, true -- 2016? True?
BRYANA BONGOLAN: I don't know personally, but I see.
MS. WESTMORELAND: And you're aware that Mr. Combs and Cassie were in New Jersey on September 25, 2016, true?
MS. SMYSER: Objection.
THE COURT: Overruled.
BRYANA BONGOLAN: I'm not aware.
MS. WESTMORELAND: All right. You're aware that the Bad Boy Reunion Tour was going on in September of 2016, true?
BRYANA BONGOLAN: I know it was going on, but I'm not for sure on dates.
MS. WESTMORELAND: Ma'am, you're aware that Mr. Combs was on stage on the night of the 25th at the Bad Boys Reunion Tour performing alongside with Lil' Kim?
MS. SMYSER: Objection.
THE COURT: Is there a question?
BY MS. WESTMORELAND:
MS. WESTMORELAND: True?
BRYANA BONGOLAN: Can you resay that?
MS. WESTMORELAND: Ma'am, you're aware that Mr. Combs, on September 25, was performing on stage, Bad Boy Reunion Tour, with artist Lil' Kim?
BRYANA BONGOLAN: I can't recall.
MS. WESTMORELAND: In New Jersey, you can't recall?
BRYANA BONGOLAN: No, ma'am.
MS. WESTMORELAND: All right. Well, are you aware that on September 26, Mr. Combs and Cassie was in New York at the Boys & Girls Harbor Salute to Achievement benefit? Are you aware of that?
MS. SMYSER: Objection.
THE COURT: Let's have a very brief sidebar.
(Continued on next page)
(At sidebar)
THE COURT: Ms. Westmoreland, I'm going to ask you to please speak to your defense team and make sure that they are, understand the instruction that I gave to the parties at the beginning of our session today.
THE COURT: I just want to make sure -- and Ms. Shapiro, you can do it if you want to do it, but you understand what I'm talking about.
MS. SHAPIRO: Yes, I understand what you're talking about. I understand, your Honor.
THE COURT: Ms. Smyser, now, let's talk about what we were just discussing. You raised an objection. What's the objection?
MS. SMYSER: Your Honor, counsel's essentially testifying here. She put several documents in front of the witness. They're all hearsay. She tried to refresh her recollection, but it hasn't worked. But she continues to testify about what is in those documents.
THE COURT: Well, I think she's asking them in a proper way, which is to ask the witness if she has an understanding, given that she was aware of the tour, of Mr. Combs's whereabouts. And she's permitted to ask it in a leading way. And she hasn't referenced the content of any of the documents that were put in front of the witness. So I haven't seen yet any attempt to improperly, as you say, testify in front of the jury. But I'll be watching. Ms. Westmoreland, do you have any further questions along these lines?
MS. WESTMORELAND: I think maybe one.
THE COURT: All right.
MS. WESTMORELAND: But she's answered that one, and I may have one more.
THE COURT: All right. Ms. Smyser.
MS. SMYSER: I don't have anything more to say on that, but I do want to put on the record, your Honor, that we understand the defendant was nodding furiously in response to some of the questioning, and so we just wanted to make that clear on the record.
THE COURT: Outside the presence of the jury?
MS. SMYSER: No, not -- in the presence of the jury, in response to Ms. Westmoreland's questioning.
MS. SHAPIRO: I think that's what your Honor was asking us to take care of -- that was my interpretation -- to remind Mr. Combs of the Court's instruction.
THE COURT: Well, I'm concerned. I'm concerned in both directions of improperly influencing the jury, so what would you propose to put on the record that's in the presence of the jury?
MS. SMYSER: Well, I'm not saying that we need to put on the record that Mr. Combs is nodding furiously in front of the jury. I just wanted to put it on the record. General reminder.
THE COURT: Yes, please make your record. Is there anything further you'd like to add? Ms. Comey.
MS. COMEY: Thank you, your Honor. The reason the two are related is that Ms. Westmoreland is asking these questions, and then the defendant is testifying from counsel table by nodding his head vigorously yes in response to Ms. Westmoreland's questions. So that is the issue we have. And the jury is seeing it, and then we see them writing down. So our concern is the defendant is testifying by nodding affirmatively in response to Ms. Westmoreland's questions.
THE COURT: I was very clear in my instructions this morning, and everyone understood what I meant because there was an email chain about this between the parties and I saw it myself, so I called a sidebar. I did not see it -- I was focused on the questions and the answers during the actual testimony, but I take it the government observed this during the questioning.
MS. COMEY: Yes, your Honor.
MS. WESTMORELAND: I'll talk to him, but I'm looking straight ahead at the witness.
MS. COMEY: I'm not suggesting that Ms. Westmoreland is intentionally trying to do this. I'm suggesting that the defendant is himself trying to take advantage of the leading questions without Ms. Westmoreland's knowledge to testify by nodding vigorously yes in response to her questions.
MS. SHAPIRO: Your Honor, I don't think that's fair, but I will -- since I'm sitting at the counsel table, I will go over to him before the questioning resumes and re-warn him of your Honor's admonition.
THE COURT: All right. Let's proceed.
(Continued on next page)
(In open court)
THE COURT: Ms. Westmoreland, you may proceed when ready.
MS. WESTMORELAND: Yes.
MS. WESTMORELAND: I don't believe that you had the opportunity to answer the question that I just asked you. I'll repeat it for you. OK?
BRYANA BONGOLAN: Please.
MS. WESTMORELAND: All right. Are you aware that on September 26, Mr. Combs and Ms. Cassie was at New York at the Boys & Girls Harbor Salute to Achievement benefit award?
BRYANA BONGOLAN: Not aware.
MS. WESTMORELAND: Are you aware that on September 26, Mr. Combs, with the Bad Boy Reunion Tour, was also doing a signing at Macy's?
BRYANA BONGOLAN: Not aware.
MS. WESTMORELAND: I'd like to publish -- can you please publish Government Exhibit 7Y111. Thank you. Can you please go up to the top and highlight the name a little bit for us.
MS. WESTMORELAND: Ma'am, do you see at the top of this document that it says Mr. Frank Black?
BRYANA BONGOLAN: I see it.
MS. WESTMORELAND: OK. Do you know -- do you know who that is?
MS. WESTMORELAND: No? All right. You see at the top it says Trump International Hotel and Tower, New York? You see that?
BRYANA BONGOLAN: Yeah.
MS. WESTMORELAND: All right. Can you please go to arrival and departure.
MS. WESTMORELAND: Do you see that this says arrival, 9/24, 2016, with the departure of 9/29, 2016?
BRYANA BONGOLAN: I see that.
MS. WESTMORELAND: You see that? All right. Let's go up the page a little bit. All righty. Let's go to 9/25, breakfast. Thank you.
MS. WESTMORELAND: Do you see on here room charged breakfast on 9/25, 2016?
BRYANA BONGOLAN: I see it.
MS. WESTMORELAND: OK. Can we go down to -- I'm sorry, 9/26, and let's just highlight all of 9/26, please. All right. Thank you.
MS. WESTMORELAND: Do you see something at the top, 9/26, 2016, runners fee, $5?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: All right. Do you see 9/26, 2016, in-room dining breakfast, $210.31?
BRYANA BONGOLAN: I see that.
MS. WESTMORELAND: You see that? OK. Let's go down.
MS. WESTMORELAND: Do you see 9/26, 2016, in-room dining, $107.84? Do you see that?
BRYANA BONGOLAN: Yes, I do.
MS. WESTMORELAND: OK. And then below that, we have another in-room dining charge, same date, 9/26, 2016, $102.77. You see that?
BRYANA BONGOLAN: Yes, ma'am.
MS. WESTMORELAND: All righty. 9/26, 2016, next line, $344.65, another in-room dining charge. Do you see that?
BRYANA BONGOLAN: Yes, I do.
MS. WESTMORELAND: All righty. Can you take that down -- I mean go back in. Let's go down to 9/27, last line on this page, please.
MS. WESTMORELAND: All right. Do you see 9/27, 2016, in-room dining, $21.57?
BRYANA BONGOLAN: Yes, I do.
MS. WESTMORELAND: OK. Please take that down.
MS. WESTMORELAND: Ma'am, Ms. Bongolan, you agree that one person can't be in two places at the same time?
BRYANA BONGOLAN: In, like, theory, yeah.
MS. WESTMORELAND: You're not sure?
BRYANA BONGOLAN: Hard to answer that one.
MS. WESTMORELAND: Ms. Bongolan, you told us that -- you testified that Mr. Combs, on September 26, 2016, came in Cassie Ventura's house, hung you over the balcony, threw you into some furniture and that you sustained several injuries; that's what you testified to the ladies and gentlemen of this jury, did you not?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Objection.
THE COURT: Hold on. Ms. Westmoreland, can we get a new question?
MS. WESTMORELAND: Yes.
MS. WESTMORELAND: Ma'am, you testified that Mr. Combs caused you the injuries that you showed the ladies and gentlemen of this jury on September 26, 2016; that's what you testified to, right?
MS. SMYSER: Objection.
MS. WESTMORELAND: I'll rephrase the question, your Honor.
THE COURT: All right.
BY MS. WESTMORELAND:
MS. WESTMORELAND: Ma'am, you testified that Mr. Combs caused you the injuries on your leg, the neck and your back on September 26, 2016, isn't that true?
MS. SMYSER: Objection, your Honor. May we have a sidebar?
THE COURT: Yes, you may.
(Continued on next page)
(At sidebar)
THE COURT: Ms. Smyser.
MS. SMYSER: Your Honor, Ms. Westmoreland is misstating the testimony here. Ms. Bongolan never testified that on September 26 the defendant hung her over the balcony. We looked at photographs with metadata. She said that photograph was taken around the time of September 26, but I do not believe that Ms. Bongolan has said affirmatively that September 26 was the date that this happened.
MS. WESTMORELAND: That's not true, and I went over it with her.
THE COURT: Hold on, Ms. Westmoreland. All right. So just to make sure I understand, if we went back and looked at the testimony, it indicated that the photograph was taken on that date. That's indicated with the metadata and the documents that Ms. Westmoreland used, but Ms. Bongolan did not testify that the actual incident occurred on that date.
MS. SMYSER: She did not, and she said the photograph was taken around that date.
THE COURT: Around that date.
MS. WESTMORELAND: No, that's not true. She said it when you were questioning her and when I was questioning her. And this morning I waited, because I knew it was coming, and I said -- I asked her about the photo. I said you also interviewed with the government. You told them that this situation happened that early in the morning --
MS. SMYSER: She said early in the morning --
MS. WESTMORELAND: -- September 26. I'll do it again. I'll be happy to.
MS. SMYSER: That's fine.
THE COURT: Well, I heard agreement on something, so -- you don't have a problem with Ms. Westmoreland just asking her whether the incident occurred on September 26, right?
MS. SMYSER: That's a fine question.
THE COURT: And we'll get to the bottom of it.
MS. SMYSER: Yes.
THE COURT: All right.
MS. WESTMORELAND: I already did.
MS. SHAPIRO: Your Honor, we've already laid the foundation. The testimony repeatedly, both on direct and cross, was that the picture was taken the date of the metadata and that those injuries were caused by the incident.
THE COURT: Hold on. I don't know that what the government just agreed to was any different than what, Ms. Westmoreland, you were actually asking in that last question. I think you asked her in a leading fashion, isn't it true that the balcony incident that caused all these injuries occurred on September 26. I believe that's pretty close to what your last question is. And I'm not hearing from Ms. Smyser that she has an objection to you asking that question. Correct?
MS. SMYSER: Correct.
THE COURT: Maybe I'm not seeing what the dispute is.
MS. WESTMORELAND: Your Honor, I believe I've already asked it, and I think that now we've come to sidebar, she's going to know. I've already asked the question. You asked her yesterday if it happened on the same date as the photo.
THE COURT: You do not have to ask a further question, but Ms. Smyser is entitled to ask for a sidebar, because --
MS. WESTMORELAND: No, no, no. Of course. 100 percent. 100 percent. I'm just saying I'm not going to ask her again. She's already committed to it. I'm sure she'll do whatever she needs to do on redirect.
THE COURT: OK. Then it's resolved.
(Continued on next page)
(In open court; jury present)
THE COURT: Ms. Westmoreland, you may proceed when ready.
MS. WESTMORELAND: Thank you, your Honor.
MS. WESTMORELAND: Ma'am.
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Mr. Combs did not cause you the injuries that you showed us that we saw on your phone with the metadata from September 26, 2026, did he?
BRYANA BONGOLAN: I can't agree with you.
MS. WESTMORELAND: You do agree with me that you gave the photo --
MS. WESTMORELAND: Can you pull the photo up one more time. Thank you. Zoom out, let her see the full photo, please.
MS. WESTMORELAND: Ma'am, you provided this photo to the government, didn't you?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. And you understand that metadata -- you didn't create the metadata, did you?
MS. WESTMORELAND: No. So you gave this photo to the government with the metadata showing that this picture was taken on September 26th, 2016, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you would agree with me that one person cannot be in California and in New York at the same time?
BRYANA BONGOLAN: My answer is still the same, in theory, yes.
MS. WESTMORELAND: Ma'am, you came in here and you lied to the ladies and gentlemen of this jury; isn't that true?
BRYANA BONGOLAN: I can't agree with you.
MS. WESTMORELAND: I have no further questions, your Honor.
THE COURT: All right. Redirect examination.
MS. SHAPIRO: Your Honor, may we have a sidebar before the redirect?
THE COURT: All right.
(Continued on next page)
(At sidebar)
MS. SHAPIRO: I apologize, your Honor, but given that everything is happening in real time, since your Honor admitted the text messages with Ms. Khorram that we had the dispute about, we have discovered that we have two text message chains that we believe under rule 106 should, in fairness, be considered at the same time. So I just wanted to raise that. I don't know if the government was planning to introduce these right after the redirect, but I want to --
THE COURT: Oh.
MS. SHAPIRO: -- make sure we get a ruling on that before they're admitted because they're supposed to be admitted at the same time.
THE COURT: Given how much time this is taking, we'll take a short break before so we can address this issue.
MS. SHAPIRO: Okay. Or if they weren't going to do it until after the redirect, we can do it after the redirect.
THE COURT: I don't know what document you're talking about.
MS. COMEY: Your Honor, if counsel sends it to us, we can take a look, we might agree. I don't know what Ms. Shapiro is talking about.
THE COURT: Do you have the completing statements?
MS. SHAPIRO: Yes, they're on my screen.
MS. GERAGOS: Your Honor, I just marked it as an exhibit and I will send it to everybody, including the Court.
THE COURT: And is this coming up on the redirect?
MS. COMEY: No, it would be right after.
THE COURT: Then we do not need to address it right now.
(Continued on next page)
(In open court; jury present)
THE COURT: Ms. Smyser, you may proceed.
REDIRECT EXAMINATION BY MS. SMYSER:
MS. SMYSER: Ms. Bongolan, do you remember being shown certain notes during your cross-examination?
BRYANA BONGOLAN: Yes, ma'am.
MS. SMYSER: Before defense counsel showed you those notes, had you ever seen them before?
MS. SMYSER: And do you know whether those notes are supposed to be an exact transcript of everything that happened at the meetings?
BRYANA BONGOLAN: I wouldn't know.
MS. SMYSER: Had you ever been asked to review them?
BRYANA BONGOLAN: Never.
MS. SMYSER: Had you ever been asked to check them for accuracy?
BRYANA BONGOLAN: Never been asked.
MS. SMYSER: Do you remember being asked on cross-examination about talking to Cassie around the time of her lawsuit?
BRYANA BONGOLAN: Yes.
MS. SMYSER: So before Cassie filed her lawsuit in November of 2023, did you have a conversation with her about that lawsuit?
BRYANA BONGOLAN: Yes, I did.
MS. SMYSER: Did you have one conversation or multiple conversations before she filed the lawsuit?
BRYANA BONGOLAN: Just one.
MS. SMYSER: And in that one conversation, what did Cassie ask you?
BRYANA BONGOLAN: My permission to use my name.
MS. SMYSER: And to use your name about what?
BRYANA BONGOLAN: The incident, to put in her lawsuit.
MS. SMYSER: And what did you say in response?
BRYANA BONGOLAN: I said no.
MS. SMYSER: Before you saw Cassie's lawsuit, did you know what information was going to be in her complaint?
BRYANA BONGOLAN: Not at all.
MS. SMYSER: Did you know whether the complaint would include an account of what happened on the balcony?
BRYANA BONGOLAN: Sorry. Could you say that again.
MS. SMYSER: Sorry. What did you say?
BRYANA BONGOLAN: Could you say that again.
MS. SMYSER: Yeah. Did you know whether Cassie's complaint, before it was filed, was going to include statements about what happened on a balcony?
BRYANA BONGOLAN: I had an idea because she asked for my name.
MS. SMYSER: But you told her not to include it in her complaint, right?
MS. WESTMORELAND: Objection. Leading.
THE COURT: Sustained.
MS. SMYSER: What did you tell Cassie in response to her asking if she could include that in her complaint?
BRYANA BONGOLAN: To please not put my name.
MS. SMYSER: Did you end up reading the complaint after it was filed?
BRYANA BONGOLAN: Yes.
MS. SMYSER: And what did you do when you read the -- after you read the complaint?
BRYANA BONGOLAN: At -- sorry. At some point, I hit her up to tell her that it was incorrect.
MS. SMYSER: And what were you telling her was incorrect?
BRYANA BONGOLAN: Like, it wasn't at a hotel, and Tiffany wasn't there.
MS. SMYSER: So, to be clear, in that conversation after the complaint had been filed, were you and Cassie trying to make up a story or were you telling Cassie what actually happened to you?
MS. WESTMORELAND: Objection. Leading.
THE COURT: Sustained.
MS. SMYSER: Were you telling Cassie what happened to you?
MS. WESTMORELAND: Objection.
THE COURT: That's sustained.
MS. SMYSER: What were you telling Cassie about?
BRYANA BONGOLAN: Exactly what happened to me.
MS. SMYSER: And do you have any doubt that Mr. Combs held you up on a balcony?
BRYANA BONGOLAN: Could you rephrase that, please?
MS. SMYSER: Do you have any doubt that Mr. Combs held you up on a balcony?
BRYANA BONGOLAN: I have no doubt.
MS. SMYSER: When Cassie filed her lawsuit in November of 2023, had you told her that you were going to sue Mr. Combs?
MS. SMYSER: And, in fact, in November of 2023 when Cassie filed her lawsuit, had you even decided to file your own lawsuit yet?
BRYANA BONGOLAN: Not at all.
MS. SMYSER: You didn't even -- did you hire a lawyer then or was it a few months later?
BRYANA BONGOLAN: A few months later.
MS. SMYSER: And when you filed your lawsuit, was what you said about the balcony incident the same or different from what was in Cassie's lawsuit?
BRYANA BONGOLAN: It was different.
MS. SMYSER: And are you getting any money from testifying here today?
BRYANA BONGOLAN: Not at all.
MS. SMYSER: Why are you here today?
BRYANA BONGOLAN: To seek justice.
MS. SMYSER: Ms. Bongolan, do you remember -- do you remember talking about the balcony incident on your cross-examination?
BRYANA BONGOLAN: Yes.
MS. SMYSER: And is everything you said today truthful regarding your best recollection of what happened on the balcony that night?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Do you remember every single detail of what happened?
BRYANA BONGOLAN: Not every single detail.
MS. SMYSER: Are there certain details that you will never forget?
BRYANA BONGOLAN: 100 percent.
MS. SMYSER: Will you never forget Mr. Combs holding you up on the 17th floor balcony?
MS. WESTMORELAND: Objection. Leading.
THE COURT: That's sustained.
MS. SMYSER: What will you not forget?
BRYANA BONGOLAN: I will never forget him holding me on that balcony.
MS. SMYSER: How did you feel when he was holding you on that balcony?
BRYANA BONGOLAN: Terrified.
MS. SMYSER: Ms. Bongolan, do you remember being asked about what you told the government in certain meetings?
BRYANA BONGOLAN: Could you explain that?
MS. SMYSER: Do you remember being asked on cross-examination about what you told the government in various meetings?
BRYANA BONGOLAN: Yes.
MS. SMYSER: And in those meetings, did you answer the questions that the government asked?
BRYANA BONGOLAN: Yes.
MS. SMYSER: And over the course of those meetings, did the government ask you about every topic that you've talked about today?
BRYANA BONGOLAN: Not every topic.
MS. SMYSER: Every time you were asked about the balcony incident, did you tell the government that Mr. Combs held you up on the balcony?
BRYANA BONGOLAN: Sorry. Could you say that again?
MS. SMYSER: Every time you were asked in those meetings about the balcony incident, did you tell the government that Mr. Combs held you up on the balcony?
BRYANA BONGOLAN: 100 percent.
MS. SMYSER: And every time you were asked about the balcony incident, did you tell the government that Mr. Combs was screaming at you, you know what the fuck you did?
MS. WESTMORELAND: Objection.
THE COURT: That's overruled.
BRYANA BONGOLAN: Yes, ma'am.
MS. SMYSER: And every time you were asked about the balcony incident, did you tell the government that Mr. Combs threw you onto the balcony furniture?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Ms. Bongolan, on cross-examination you were asked some questions about you and Cassie partying; do you remember that?
BRYANA BONGOLAN: Yes, I do.
MS. SMYSER: When you say party, do you mean using drugs?
BRYANA BONGOLAN: It could mean multiple things.
MS. SMYSER: In some context, do you mean using drugs?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Ms. Bongolan, do you remember being asked on cross-examination about demand letters that your first lawyer sent?
BRYANA BONGOLAN: Yeah.
MS. SMYSER: Did you write those demand letters or did your lawyer?
BRYANA BONGOLAN: The lawyer wrote them.
MS. SMYSER: Did you review the demand letters before they were sent?
BRYANA BONGOLAN: Not all of them.
MS. SMYSER: After they were sent, did you at some point find out what they said?
BRYANA BONGOLAN: Yes.
MS. SMYSER: And were those accurate?
MS. SMYSER: And when you learned they were inaccurate, what did you do?
BRYANA BONGOLAN: Fired him.
MS. SMYSER: Do you remember being asked on cross-examination about the demand letters saying that Mr. Combs squeezed your breasts so hard that you had bruises?
BRYANA BONGOLAN: I remember.
MS. SMYSER: And was that what you had said?
BRYANA BONGOLAN: No, ma'am.
MS. SMYSER: And do you remember being asked on cross-examination about your complaint alleging sexual assault?
BRYANA BONGOLAN: Yes. I remember.
MS. SMYSER: Ms. Bongolan, when you describe what Mr. Combs did, when he came up behind you on the balcony, do you use hand motions to explain?
BRYANA BONGOLAN: Yes.
MS. SMYSER: And did you do that in your first meeting with the government?
BRYANA BONGOLAN: I don't remember.
MS. SMYSER: Have you done that in other meetings with the government?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Could you please use your hands to explain what Mr. Combs did when he came up behind you?
BRYANA BONGOLAN: First, they came up like this.
MS. SMYSER: Is that under your armpit?
BRYANA BONGOLAN: Right here.
MS. SMYSER: And then what did he do?
BRYANA BONGOLAN: Came down, and I can't put my hands back, but then he lifted me up.
MS. SMYSER: And so when he was moving his hands up and down your body, where did his hands go?
BRYANA BONGOLAN: Came down this way.
MS. SMYSER: So were they on your breasts?
BRYANA BONGOLAN: Yes.
MS. SMYSER: And, Ms. Bongolan, are you a lawyer?
BRYANA BONGOLAN: No, ma'am.
MS. SMYSER: Did your lawyers hear those facts and draft a complaint on your behalf?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Ms. Bongolan, do you remember Ms. Westmoreland asking you about a photo with -- your photo with your neck brace?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Why were you wearing that neck brace?
BRYANA BONGOLAN: Because my neck hurt and the chiropractor showed me what to do.
MS. SMYSER: And did you wear that neck brace more, on more occasions than just when you took that photo?
BRYANA BONGOLAN: Yes.
MS. SMYSER: Why did your neck hurt, Ms. Bongolan?
BRYANA BONGOLAN: Because I got slammed into the furniture.
MS. SMYSER: By whom?
BRYANA BONGOLAN: By Puff.
MS. SMYSER: Ms. Bongolan, do you remember being asked about the date of the balcony incident?
BRYANA BONGOLAN: Yes, I do.
MS. SMYSER: Do you have an independent memory of that exact date, aside from relying on metadata in your phone?
BRYANA BONGOLAN: Yes.
MS. SMYSER: You do?
BRYANA BONGOLAN: Could you explain independent?
MS. SMYSER: Yeah. Do you, setting aside your phone, know what date, exact date, that happened, or do you just know around when that happened?
MS. WESTMORELAND: Objection.
THE COURT: Sustained.
MS. SMYSER: Ms. Bongolan, do you yourself know the exact date of when the balcony incident occurred?
MS. SMYSER: Regardless of -- and why do you not know that exact date?
BRYANA BONGOLAN: Because it was a while ago.
MS. SMYSER: Regardless of that exact date, do you have any doubt that Mr. Combs held you up on the 17th floor balcony?
BRYANA BONGOLAN: I have no doubt.
MS. SMYSER: No further questions, your Honor.
THE COURT: Thank you, Ms. Smyser. Anything further, Ms. Westmoreland?
MS. WESTMORELAND: Yes, your Honor.
RECROSS EXAMINATION BY MS. WESTMORELAND:
MS. WESTMORELAND: Ma'am, after your new lawyers filed a lawsuit on your behalf claiming sexual assault, you didn't fire them, did you?
MS. WESTMORELAND: Ma'am, you had multiple interviews with the government about the alleged balcony situation, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: And you gave the government the pictures of the -- the picture of your leg injury, true?
BRYANA BONGOLAN: Yes. I gave it.
MS. WESTMORELAND: And in a follow-up interview, you gave the government the picture of your leg injury with your metadata, true?
MS. SMYSER: Objection.
THE COURT: Grounds? I think the objection is overruled. Ms. Westmoreland, why don't you re-ask the question.
MS. WESTMORELAND: Thank you your Honor.
MS. WESTMORELAND: In a follow-up interview with the government, you gave the government a picture of your leg injury with your metadata, true?
BRYANA BONGOLAN: I gave them pictures.
MS. WESTMORELAND: Okay. And you testified that all of your injuries happened on the same day, true?
BRYANA BONGOLAN: Yes.
MS. WESTMORELAND: Okay. Ma'am, when you filed a lawsuit against Mr. Combs, you weren't rich, were you?
MS. WESTMORELAND: You suing Mr. Combs is your opportunity to become a millionaire; isn't that true?
BRYANA BONGOLAN: I can't agree with that.
MS. WESTMORELAND: You can't?
BRYANA BONGOLAN: No, ma'am.
MS. WESTMORELAND: Okay. As you testify today, you don't want to say anything to mess up your lawsuit, true?
BRYANA BONGOLAN: Could you rephrase that, please?
MS. WESTMORELAND: As you testify here today, you don't want to say anything to mess up your lawsuit; isn't that true?
BRYANA BONGOLAN: I'm only speaking on what I know, ma'am.
MS. WESTMORELAND: Okay. Ma'am, as you testified today, you're seeking $10 million; isn't that true?
BRYANA BONGOLAN: I'm seeking whatever the judge finds is correct.
MS. WESTMORELAND: And you are asking hey, judge, or a court, to find in your favor for $10 million; isn't that true?
BRYANA BONGOLAN: My lawyer wrote that number down.
MS. WESTMORELAND: And you reviewed your complaint, I asked you that earlier; isn't that true?
BRYANA BONGOLAN: Yes, I did.
MS. WESTMORELAND: So you know that that's what's being asked for on your behalf, true?
BRYANA BONGOLAN: I understand what's being asked.
MS. WESTMORELAND: It means a lot to you to hope to become a ten -- a millionaire soon, true?
BRYANA BONGOLAN: Not at all.
MS. WESTMORELAND: You don't care about becoming a millionaire?
BRYANA BONGOLAN: I care about justice.
MS. WESTMORELAND: And justice for you?
BRYANA BONGOLAN: Justice to be served.
MS. WESTMORELAND: And justice for you is money?
BRYANA BONGOLAN: No, ma'am.
MS. WESTMORELAND: 10 million to be exact?
BRYANA BONGOLAN: No, ma'am.
MS. WESTMORELAND: I have no further questions, Judge.
THE COURT: Anything further, Ms. Smyser?
MS. SMYSER: No, your Honor.
THE COURT: Thank you, Ms. Bongolan.
(Witness excused)
THE COURT: All right. I think this is an appropriate time for a short break. Unless the government would like to introduce that exhibit now.
MS. SLAVIK: Yes, your Honor. The government offers Government Exhibit C-361-C as well as C-361-CM, and C-360-A.
THE COURT: You said 360-A?
MS. SLAVIK: Yes, that's the third exhibit.
THE COURT: All right. Those exhibits will be admitted.
(Government's Exhibits C-361-C, C-361-CM, C-360-A received in evidence)
MS. SLAVIK: Your Honor, I would like to publish. We can do that now or after the break, whatever your Honor prefers.
THE COURT: Why don't we publish it right now.
MS. SLAVIK: Okay.
MS. SHAPIRO: Your Honor, we object to that on the grounds stated under the previous sidebar. Under rule 106, it should be --
THE COURT: This is what we were talking about?
MS. SHAPIRO: Yes, your Honor.
THE COURT: So we will do it after the break. Thank you, Ms. Shapiro.
MS. SHAPIRO: Thank you, your Honor.
THE COURT: We are going to take a shortened midday break. You came in late. But I believe that there will be food available for you. So please take your break and we'll be back here at 1:30 p.m. All rise for the jury.
(Continued on next page)
(In open court; jury not present)
THE COURT: Apologies for that, Ms. Shapiro. There's a lot of numbers on the exhibits.
MS. SHAPIRO: Yes, I apologize, your Honor.
THE COURT: I wasn't clear on exactly which one you had issues with on sidebar. We can address that now. I don't know if you've had a chance to send the completing statements to the government.
MS. SHAPIRO: Yes, your Honor. Ms. Geragos sent it to the government and chambers, and I think we have a paper copy as well. And she's going to, if your Honor has questions, she will address them.
MS. GERAGOS: Yes, your Honor.
THE COURT: Let me ask first, has the government had a chance to review these?
MS. SLAVIK: Yes, your Honor. The government just received those two text message chains I believe.
MS. GERAGOS: We put it into one for ease, but, yes, it's two text message chains.
MS. SLAVIK: Two text message chains.
MS. GERAGOS: From the same device. We have a printed copy for the government and your Honor if you would like it.
MS. SLAVIK: That would actually be really helpful.
MS. GERAGOS: Yes. If your Honor would like a printed copy, I can bring one up to the deputy.
THE COURT: Yes, you may. And, Ms. Slavik, can you put the actual exhibit that you were going to introduce on the screen?
MS. SLAVIK: Yes, your Honor.
THE COURT: So I have printed copy of what the defense offers as a completing statement. Let's see what the government would seek to admit. Or has admitted. Let me see the metadata, if we can.
MS. SLAVIK: Your Honor, I may have a hard copy.
THE COURT: Ms. Slavik, can you help me? Can you walk me through the metadata?
MS. SLAVIK: Yes. I apologize. I think we're having some tech issues. I apologize. So, your Honor, the screenshot on the left, Ms. Becker, maybe you could take --
THE COURT: I can see that. I've seen the text message.
MS. SLAVIK: Thank you. There we go. The screenshot text message on the left of the screen is a screenshot of a -- excuse me. Of a text message exchange between Ms. Ventura and Ms. Khorram. Ms. Khorram has a series of screenshot messages between herself and Ms. Ventura that appear to be taken, you know, of this same conversation. This screenshot is just one of those. I will note for your Honor that the prior screenshots of the conversation refer to Ms. Ventura looking for her phone saying that the defendant threw her phone off the balcony and now she can't find it. So the bulk of the conversation between Ms. Ventura and Ms. Khorram is about Ms. Ventura finding the phone. However, this screenshot, as you can see, recounts the incident on the balcony with Ms. Bongolan. The metadata that is highlighted on the right of the screen shows that this screenshot was captured on September 30th, 2016, at 3:47 p.m.
It's not clear if that coincides with the messages exactly, but that's when the screenshot itself was taken. The messages that the defense is proposing to get in, starting with the first message between Ms. Ventura and Ms. Khorram, it appears to be a message from Ms. Khorram saying: He said that didn't happen and said you can talk to him real quick because he's about to leave and needs to talk to you first. So I don't believe this is a rule of completeness issue. The rule of completeness issue, if anything, would suggest that additional text messages or additional screenshots could be added. But I don't think that this completely separate message about the -- what the defendant said, I don't believe that's a rule of completeness issue. The other issue is that this is -- this is just complete self-serving hearsay. There's no exception for this statement to come in. It is clearly being offered for its truth and there's simply no exception.
This is self-serving, a self-serving statement, to which there's no hearsay exception. The final thing I will point out is that it's unclear he said that didn't happen. I assume the defense is trying to get that in because they're saying he said it didn't happen, the balcony incident. But, as I mentioned, the bulk of the conversation between Ms. Ventura and Ms. Khorram up to this point is about Ms. Ventura's phone and Ms. Ventura's belief that the defendant threw the phone over the balcony. So I don't think that this message is probative. I think it's barred by hearsay. And I don't think there's a rule of completeness issue. I think the same issues are true of the following conversation that takes place on October 1st with Ms. Ventura saying I'm just seeing this message, he's saying it didn't happen. I think the exact same -- the same issues apply.
THE COURT: For the reasons stated by the government, these are not even close to being proper completing statements under rule 106, and would not be independently admittable. Even if they were, they would be offered by the defense separate and apart from the message that has been admitted. So the objection and the application to have these introduced at the same time as C-361-C as completing statements is denied.
MS. GERAGOS: Your Honor, may I just make a quick, quick, quick record.
THE COURT: Yes.
MS. GERAGOS: Which is the main part or thrust from what I understood of Ms. Slavik's argument was this -- A, it's not rule of completeness. But even if it was, it would be hearsay, rule 106 does not find that a completing statement is admissible over a hearsay objection. So I want to make that -- I know your Honor knows that. I want to make that clear for the record.
THE COURT: Yes. And I understood Ms. Slavik to be saying that it wouldn't come in under rule 106. And even if the defense separately tried to admit these statements, they would be inadmissible. So separate and apart from rule 106, it's not as if the defense could at a later juncture at this trial or with some other witness seek to admit those statements because of the hearsay issues she identified.
MS. GERAGOS: We just want to make clear for the record, we do believe this is completing and necessary to understand the full context under 106. We preserve our objection to this. Thank you.
THE COURT: Understood. And, again, not coming in under rule 106 and would not -- I'm not seeing a separate basis for the admission of those messages. Let me make a record. Mr. Agnifilo.
MR. AGNIFILO: Yes, Judge.
THE COURT: I was very clear this morning that there were not to be any facial expressions, other attempts to have any interaction with the jury whatsoever, any influence on the jury whatsoever. And I could not have been clearer in terms of what I said. You heard me, right?
MR. AGNIFILO: I did.
THE COURT: Well, there was a line of questioning where your client was nodding vigorously and looking at the jury. And there was a subsequent moment, we had a sidebar, and I looked and I saw your client looking at the jury and nodding vigorously during that line of questioning. That is absolutely unacceptable. Is it going to happen again, Mr. Agnifilo?
MR. AGNIFILO: It's not going to happen again, Judge.
THE COURT: It cannot happen again. If it happens again, if it happens even once, I will hear an application from the government to give a curative instruction to the jury, which you do not want. Or I will consider taking further measures, which could result in the exclusion of your client from the courtroom. Do you understand that?
MR. AGNIFILO: I understand, Judge.
THE COURT: All right. So I want you to have a conversation with your client to make sure that he understands, and everyone should understand, that I really meant it. That there should be no efforts whatsoever to have any interaction with this jury.
MR. AGNIFILO: Understood, Judge.
THE COURT: Let's have the questioning, let's have the applications on legal issues, and let's proceed on that basis. Ms. Comey, I think you said that you're not planning to get into the 106 and non-106 exhibits with Jane in the afternoon session; is that still correct?
MS. COMEY: That's right, your Honor. At this point, I doubt I'll have time to get anywhere near that in my direct. So we could do that at the end of the day or we could do that tomorrow morning.
THE COURT: And I think that's fine. Here's what I'll say.
MS. COMEY: Yes, your Honor.
THE COURT: As to the completeness objections, I don't know that I see the relevance of these text messages coming in. But unlike the completeness issue that was raised where there was a long gap in time between the communications and there was a question as to what they pertain to, the completeness objections that were raised by the defense as to these exhibits seemed fairer because they were close in time with the conversation that was happening. And I could understand the defense's argument that they were necessary context to just understand the ongoing conversation that was happening in real time. So I'll just leave you with that.
MS. COMEY: Thank you, your Honor.
THE COURT: With that point. Because that's what I saw having looked at all of the completeness objections that had been raised. The sole exception perhaps is in DX 3239, where there is some completeness additions that have been made, and then there's one at the very end of the communication, and that was the only one that I thought may not -- may have crossed the line and would not be proper completion. So that's what I'll just observe for your benefit so that when you're addressing these --
MS. COMEY: Yes.
THE COURT: -- you know what I'm thinking.
MS. COMEY: I appreciate that, your Honor. And I think Ms. Geragos and I have made great progress in resolving a number of these, and I think we can work out even more having heard your Honor's initial thoughts on this.
THE COURT: All right. And then as to the other objections, as to C-251, I do, you know, my view at this point is that they, the conversation, would be offered for a non-hearsay purpose. It goes to the knowledge of Ms. Khorram and the effect on the listener. So my current view is that C-251 would be admissible. As to E-171, the headline, I don't know that you need that to establish that Jane viewed the headline. You can even elicit testimony concerning what the headline said in general terms, but having that headline in as exhibit evidence that would go back with the jury, would be out of bounds.
MS. COMEY: I understand, your Honor. Understood. I'll remove it from my outline.
THE COURT: The bigger issue is the notes. And there are two categories, as I see it, of notes. There is E-178, 179, and 182. And then in the same category, 331-K through P. These are, as I understand it, notes or memos that relate to a time period after Ms. Ventura's lawsuit. And I think that's in one category. Then there are the preceding communications, which are very lengthy.
MS. COMEY: Yes.
THE COURT: But I understand they're coming in for, principally, under 801(d)(1)(B). Right?
MS. COMEY: Principally, your Honor. And if your Honor had not found that we laid the appropriate foundation for that, I would want to at least include some excerpts, which I tried to provide quotes, under state of mind. I understand that not all of those would come in under state of mind. And with respect to prior consistent statements, I would also understand if, given the length, we needed to excerpt them.
THE COURT: That's exactly what I was going to suggest. As to the other category, meaning the pre-Ms. Ventura lawsuit notes.
MS. COMEY: Yes, your Honor.
THE COURT: I do agree with you that there's probably some portion of those that would either be admissible as state of mind, or as a prior consistent statement, given what was said in opening, and given -- and if it's not that, then we'll see what the cross-examination is going to be. But likely some portion of it would be able to be offered on redirect examination. So zooming out, the question really is, after Ms. Ventura's lawsuit.
MS. COMEY: Yes, your Honor.
THE COURT: I think the problem there is that the rule says recently fabricated. And I think the defense's argument has been that it's really Ms. Ventura's lawsuit, that after that time with several of the witnesses, their inquiry has been, well, you saw Ms. Ventura's lawsuit and then you said X, Y, and Z. So that's my concern is that to the extent something has been written and noted down after Ms. Ventura's lawsuit, that seems to be a tougher call in terms of the admission of those documents. You may have another basis for those. But that's how I'm seeing it right now.
MS. COMEY: Yes, your Honor. With respect to the state of mind, I guess it's prior consistent that you're thinking about there?
THE COURT: That's really what I'm thinking about.
MS. COMEY: With respect to state of mind, I want to be clear that the trafficking of Jane continued through the defendant's arrest, and there will be a lot of testimony about significant trafficking incidents in 2024.
THE COURT: You're saying it doesn't really matter, because even if it comes after Ms. Ventura's lawsuit, the incidents that you're talking about happened after that?
MS. COMEY: That's exactly right, your Honor.
THE COURT: Doesn't matter what informs her state of mind, it really is irrelevant because the acts actually happened after that.
MS. COMEY: That's exactly right, your Honor. I think the key incident that will be very significant of the trafficking charge of this victim took place on June 18th and 19th of 2024. That is one of the most important incidents. That is one of the clearest cut incidents of trafficking. And it well post-dates Ms. Ventura's lawsuit. So Jane's state of mind about what these -- she calls hotel nights. She doesn't call them freak-offs. She calls them hotel nights. Jane's state of mind about these hotel nights before June 2024 is essential to proving Count Four.
THE COURT: Understood. So I'm happy to hear from the defense if they have anything that they would like to offer at this time. But I am really just offering this so that when we have this addressed, you'll have some sense of how I'm thinking about these issues. That's very helpful and we can pick it up in the morning if we need to have further argument on this. Mr. Driscoll.
MR. DRISCOLL: Yes, judge, I just want to clarify your current thoughts. It wasn't exactly clear to me. So the statements post-dating Ms. Ventura's lawsuit, your view is that they are not prior consistent statements for the reasons outlined in our letter?
THE COURT: Right now what I related is that if they are being offered as prior consistent statements, then I'm not seeing the basis for their admission under that rule. But they might be admissible under the state of mind exception.
MR. DRISCOLL: Understood. In which case we would have, perhaps, specific objections to specific statements in the notes.
THE COURT: And then as to the prior consistent statement exception, given I think Ms. Comey's response is that actually some of these incidents happened after the lawsuit. So the mere fact of the lawsuit would not be relevant as to at least those incidents. Meaning, if there's an incident that happened after Ms. Ventura's lawsuit, and there are statements that are made by Jane pertaining -- that would reasonably pertain to those post-Ventura lawsuit incidents, then that could be a basis for admission under 801(d)(1)(B).
MR. DRISCOLL: I think the problem with that, your Honor, is the government is trying to use these to prove Jane's state of mind. They're not trying to use these to prove that an incident actually occurred. That would be improper under the hearsay rules.
THE COURT: Why would that be improper if she says, on June 18th I was coerced into having sex with hookers with Mr. Combs. If she said that, then wouldn't that overcome the hearsay objection?
MR. DRISCOLL: No. Because that is hearsay, and it's not being offered to prove her state of mind. It's being offered for the truth. That's precisely what the rule does not allow. And because they're using this to prove state of mind, I think Tome does apply. Because, at that point, her state of mind is -- it's being expressed after there's an incentive to fabricate.
THE COURT: No. Under 801(d)(1)(B), it's just not hearsay. It doesn't matter what purpose it's being put in for. In fact, it is in fact being put in to rehabilitate the witness as to the credibility on those incidents. Meaning, it is like her -- that's the reason for the rule. If you attack the witness's credibility that something happened on June 18th, 2024, this happened, then the government can then put in extrinsic evidence of a hearsay, normally hearsay statement that rehabilitates the witness as to the occurrence of that event. But --
MR. DRISCOLL: But our position would be because --
THE COURT: You'll check the case law and make sure I'm not saying something that's wrong. But that's my understanding of how this works.
MR. DRISCOLL: Right. Our position is just that she has an incentive to fabricate or exaggerate once Ms. Ventura's lawsuit is filed. So under Tome, understanding their position is the incident may have happened after that point, there's still an improper incentive to fabricate or exaggerate, so I think the Tome rule still applies.
THE COURT: Well, I think if the incident happened after the event, I don't think you can get out of the rule just based on that. Because if something happened after the lawsuit and then contemporaneous or close in time with that event, there's a statement from Jane that it actually happened, I don't think -- and again you'll check me on the case law, but I don't think that that would get you the mere fact that it's close in time to this trial and this case and everything else would get you out of the rule.
MR. DRISCOLL: And with respect to the particular events in June that Ms. Comey eluded to, those took place after the government's investigation had already begun, and Jane was aware of that fact. So that's another reason under Tome, it's just inappropriate to rely on the prior consistent statement exception.
THE COURT: So, I am hearing the arguments, but is the argument really grounded in rule 403, meaning you might concede under the -- it would fall in, technically speaking, to 801(d)(1)(B). But you would say under rule 403, it should just not be admitted because there was so much going on at that time that the reliability of these statements and their probative value versus unfair prejudice would counsel exclusion of the documents. I mean, isn't that really what you're arguing?
MR. DRISCOLL: Our objection is on both grounds.
THE COURT: Okay. Anything? Last words?
MS. COMEY: Just to clarify, your Honor. I want to take a look, but I think what may end up making sense is I may try to use some of the pre-lawsuit notes during my direct, and for the post lawsuit notes, I might wait to see what happens on cross, because I suspect that the cross-examination may challenge her credibility on other grounds than just you're trying to match what you saw in Cassie's lawsuit. I suspect there may be suggestions that other motives or other reasons that she might have fabricated or exaggerated may have come up later in 2024 or 2025. And if that happens, I think that changes the analysis. So I want to take a closer look, but I think that may make sense.
THE COURT: Understood. Anything to address before we have our 10-minute break? Ms. Comey?
MS. COMEY: I don't believe so, your Honor. I just wanted to flag that, with thanks to Ms. Geragos, I'm going to admit a large number of exhibits right before Jane takes the stand using a demonstrative the way Ms. Johnson did to save us all time. So I wanted to let your Honor know I'll be doing that right before Jane takes the stand.
THE COURT: Very good. We'll see everybody in a few minutes.
(Recess)
THE COURT: Please be seated. Just to understand, I think, Ms. Shapiro, you raised a scheduling issue. The proceeding that I had starting at four has been adjourned, so I can stay later and I can instruct the jury that they'd be staying a little bit later today, but I understood that there was a conflict on your side.
MS. SHAPIRO: Yes, your Honor. Normally if it was any other witness, I would say I'll just leave and the rest of the team -- but this is really one of the most important witnesses in the case, so if -- I'll leave it to your Honor, but I have a prescheduled meeting that involves numerous other lawyers in another matter at the U.S. Attorney's Office across the street at 4:30, and I would like to be here for all of Jane's testimony.
THE COURT: I meant for -- we previously discussed today, but tomorrow I'm going to tell the jury that we're going to be doing a long day. We're going to start at nine and then we're going to go to five and try to do as much as we can.
MS. COMEY: I appreciate that, your Honor. Thank you. I know Jane and her counsel will too. In terms of today, we've conferred with the defense and we've agreed we will weed out the message that was discussed before the break. We are going to call Enrique Santos for what we think is ten minutes of testimony just to explain how to read the Cellebrite report, and then we will Jane to the stand.
THE COURT: All right. Let's bring our jury back.
MS. SHAPIRO: Your Honor, could I put one thing on the record with relation to the defense exhibit that we offer under the rule of completeness that the Court excluded? I'll ask the Court to reconsider on this basis, but when the Court ruled that the government's exhibit was admissible, the Court said that it would be properly admissible as either a statement of Ms. Khorram's state of mind shortly after the incident and also for a nonhearsay purpose of showing that it was communicated to Ms. Khorram, who was an alleged member of the conspiracy. The statements that we argue are appropriate under the rule of completeness show that to the extent the Court was admitting it for the effect on the listener, Ms. Khorram, in fact, it shows that Ms. Khorram was then told that actually the incident didn't happen. And therefore, for those reasons as well as the ones we've stated earlier, it should have been admitted together with the government's exhibit.
THE COURT: Understood. I hear the defense's position, and the ruling stands, as given. With that, I'll ask the courtroom deputy to get our jury.
(Continued on next page)
(Jury present)
THE COURT: Please be seated. The government may call its next witness.
MS. SLAVIK: Your Honor, before the government calls its next witness, we'd like to walk through an exhibit that's in evidence.
THE COURT: Proceed.
MS. SLAVIK: Ms. Becker, could you please publish Government Exhibit 1301 with pages 1 and 2 side by side. Reading from the first paragraph: "On or about March 25, 2024, at the Miami Opa-Locka Airport in Opa-Locka, Florida, law enforcement agents from Homeland Security Investigations seized Government Exhibit C300, a cell phone from Kristina Khorram's person." Paragraph 4 states that "Government Exhibits C300A through C364, including the subdivisions thereof, are true and accurate excerpts of data extracted from Government Exhibit C300." Ms. Becker, could you please take this down and publish what's in evidence as Government Exhibit C361C. This is the screenshot with Cassie Ventura at the top, and I'm going to read from this exhibit: "Cassie: Hey, I just found out some crazy shit. "Ms. Khorram: Yeah, we are here and I don't think it did. "Cassie: He came into my house while my friends were here, and we were all sleeping. They woke me up because he was ringing the bell crazy at 3 a.m. And when he came in, I went to my room and he went to Bana and choked her, then dangled her feet off of the balcony. This is crazy. "Ms. Khorram: What? "Cassie: I have to stay away." Ms. Becker, could you please put up side by side with this exhibit page 2 of Government Exhibit C361CM and highlight the portion in the middle. Focusing on the metadata entry, could you highlight that, please. Metadata, capture time, September 30, 2016, 3:47:46 -- excuse me, 3:47:42 p.m. You can take this down. Thank you.
MS. JOHNSON: At this time the government calls Enrique Santos. Your Honor, may I place a Redweld for Mr. Santos on the witness stand?
THE COURT: You may. ENRIQUE SANTOS, called as a witness by the government, having been duly sworn, testified as follows: