(At sidebar)
MR. AGNIFILO: Thank you, Judge.
So I've been speaking with the marshals. The marshals have been letting us use the courtroom until 6:00 and it's very, very helpful. What they said is we can only do it this week. We can't do it next week. And I asked the marshals if -- because I know your Honor had a conversation with someone. If that were to happen again, meaning your Honor would speak to someone at the marshal service, could we do the same thing next week that we did this week. And there's some openness, at least from the marshals that are in the courtroom, to that possibility. Which is very helpful to us.
So I just wanted to sort of float that past the Court.
THE COURT: So the only thing -- that's fine with me.
MR. AGNIFILO: Yeah.
THE COURT: I will check with the marshals and make sure there's not an issue. And what I understand is that that is a particular issue given this witness and the need to prepare for this witness's testimony. Is that right?
MR. AGNIFILO: Right. I think that's right.
THE COURT: Because I think that in terms of a more -- a broader solution, it is difficult for the marshal service to devote that kind of resource and manpower because it involves a lot of other stuff.
MR. AGNIFILO: Correct. That's right.
THE COURT: So you're saying just for next week?
MR. AGNIFILO: I think just for next week. You know, and I hate to say just for next week. If we can get next week, obviously the next week is devoted to this witness, so that would be very helpful.
THE COURT: Now, my question along those lines is we're going later.
MR. AGNIFILO: Yeah, I know.
THE COURT: Because we have to.
MR. AGNIFILO: I know. I know.
THE COURT: So that's going to be less time for you in the courtroom.
MR. AGNIFILO: If that 6:00 is a hard deadline -- and it might be.
THE COURT: It is a hard deadline.
MR. AGNIFILO: Well, then there's nothing I can do. So we'll take whatever we can get on this point and that's really -- so even the hour is helpful.
THE COURT: So let me think about it.
MR. AGNIFILO: Okay.
THE COURT: Let me talk to the appropriate people.
MR. AGNIFILO: Okay. Can I take up one other thing while we're all here?
THE COURT: Yes.
MR. AGNIFILO: I spoke with Mr. Combs. After -- so one of the things I felt unprepared to address when your Honor addressed me yesterday about, you know, that Mr. Combs was nodding. I wasn't at the sidebar. So I felt like I wasn't really sure kind of what -- where the Court was coming from. So I'm trying to play catch up on this.
The one thing I feel like we've really done well in this trial is communicate. You know, so what I want to sort of --
THE COURT: Well, I hope we've done some other things well.
MR. AGNIFILO: We've done a lot of things well.
THE COURT: Please proceed.
MR. AGNIFILO: One of the things I wanted to say is I'm a -- I'm a reasonable man. And everyone can -- and an approachable one. So if someone, one my colleagues from the government sees something, I would encourage them to come to me. I take these things very, very seriously. Very seriously. And the last thing I want to do -- your Honor has been very good to us and very patient and I appreciate it. And the last thing that I want to do is that your Honor thinks that something bad is happening on the defense side.
Now, in terms of what -- I didn't see anything. I just -- I'm rivetted, your Honor. I'm rivetted. Nodding is one of these things where it could be bad intentioned or it could be not bad intentioned. And so I didn't see it. But I assure everyone here, and all my colleagues with the government, if they see something, they should come to me. And your Honor should -- obviously the Court can do anything it wants. Everyone should come to me. I would take these things very, very seriously. And I feel like -- maybe this is just from my perspective -- we skipped over these several intermediate steps and went to sort of an advanced step, which I think is unnecessary and certainly avoidable.
If someone comes to me and say -- you know, I might disagree. They might say he's nodding and I might say, you know -- so what do you mean? Is that a problem or is it not a problem? And maybe it's not a problem. Maybe it is a problem. But without people -- someone coming to me to kind of remedy this, you know, it's a stitch in time saves nine type thing.
I take this seriously, and I encourage my colleagues to come to me about this. So since we're all here talking -- and thank you. I feel like we skipped over these several intermediate steps and went to a very advanced step, and I think it's avoidable if we can have better communication on this one issue. We have wonderful communication between the parties. When their equipment breaks down, they use our equipment. We speak until 3:00 in the morning.
So as long as we can have communication on this, that won't be a problem again. That being said, I take this matter very seriously. I've spoken with Mr. Combs. He assured me he didn't mean anything by it. He was reacting to the witness on the stand. That being said, we've addressed it. But I also want the Court to know how seriously we take these things.
THE COURT: I have no doubt you're taking these matters seriously. But in terms of this particular incident, the government did come to you because on Wednesday evening there was an e-mail that was sent to the Court, on which you were copied, in which the government indicated that based on New York Times reporting, there had been an interaction between your client and someone who was on the jury relating to the temperature in the courtroom, not relating to a matter in the case.
And, for that reason, in open court before the jury came in, and without pointing any fingers at any particular person, I was very clear that all of the parties, and in fact members of the public in the back, should not have any -- make any attempts to interact with the jury. And I included in that very clearly, I said no facial expressions or ways of interacting with the jury. I couldn't have been clearer. And it was maybe a half hour or 45 minutes later when the incident happened that we were talking about.
So I went through all of the steps and the government went through the steps of making sure that to the extent there was going to be an instruction, it would be done in a manner that's consistent with what you're talking about. So that's that particular incident.
As a general matter, however, I think the parties and the Court have been working collaboratively to make sure that none of these issues become larger than they need to.
MR. AGNIFILO: I agree.
THE COURT: I think we've been doing that and we'll continue to do that.
MS. SHAPIRO: Your Honor, I want to say something and add this because I was at the sidebar. And your Honor raised this issue at the beginning of that sidebar with me. And I said I understand exactly what you're talking about, Judge, and I will do that.
And then there was, what I thought was a bit of a piling on by the government. But nonetheless, the sidebar ended and I went over to Mr. Combs. And I as best I could, because the examination was about to resume, I whispered to him that he needed to stop.
And so I just want to make that clear because your Honor did direct that to me during the sidebar and I followed your Honor's instruction. And so I was really taken back personally when your Honor gave that admonition that was very strong and talked about Mr. Combs not remaining in the courtroom in open court. Not in front of the jury, but in front of everyone else. And I felt personally kind of, quite frankly, a bit upset about it because I tried to follow your Honor's instruction and give that as best I could. And then Mr. Agnifilo did follow up during a longer break when there was actually an opportunity to speak to the client.
So I just want your Honor to understand that.
THE COURT: I absolutely understand that. And in the sidebar, we did address it and I did provide you with that instruction. But to be perfectly frank, what had happened was -- because I saw it. I mean, I saw the interaction myself. And the interaction was inappropriate, and no one would have misunderstood my instruction that I had given about 30 minutes earlier.
So I regarded that as being outright defiance of the Court's order in that moment as to that one incident. And it required a firm instruction in open court so that there was absolutely no misunderstanding about how we would proceed moving forward because these are serious matters and people have to act with the proper decorum in the Court.
That's why, in addition to the instruction that we gave at the sidebar, it was appropriate to and necessary to give that instruction in open court.
MS. SHAPIRO: I understand, Judge.
THE COURT: But I have no doubt, I have no doubt --
MS. SHAPIRO: I wanted you to know that I followed your instruction.
THE COURT: Maybe this is the easy way. I have no doubt that moving forward, we are all going to be following the rules. And I have no doubt that defense counsel has properly instructed their client and I take nothing of it.
So I think everyone has been -- I mean it when I say everyone has been doing a great job and working cooperatively and doing their best to follow the rules of the Court. So I take nothing from that. But the instruction was necessary to make sure that we don't have any issues moving forward.
MR. AGNIFILO: Thank you, Judge.
THE COURT: Anything from the government on this?
MS. SMYSER: No. Thank you, your Honor.
MR. AGNIFILO: Thank you, your Honor. Thank you.
THE COURT: Thank you.
(Continued on next page)
(In open court; jury not present)
THE COURT: Anything further from either side?
MR. AGNIFILO: Nothing. Thank you, your Honor.
THE COURT: We could have actually just broken for the break and maybe done this back in the robing room. I apologize for the white noise.
MR. AGNIFILO: Thank you, Judge.
THE COURT: We'll be back at 1:15.
(Luncheon recess)
AFTERNOON SESSION 1:15 p.m.
MS. COMEY: Your Honor, I just wanted to let you know that after the break at some point, I'm going to be pulling up some of the explicit images for Jane. And I have binders, one for the Court and one for the defense, so that we don't have to pull them up on the counsel screens. But the Court and the defense will be able to follow along.
If I may hand them up?
THE COURT: That's fine. Hand them up.
Anything, Ms. Geragos?
MS. GERAGOS: No. That's fine. Just sitting all day.
THE COURT: Continue standing.
With that, let's bring Jane back and we'll bring out our jury.
(Continued on next page)
(Jury present)
THE COURT: Please be seated.
Welcome back, everyone.
Jane, you understand you're still under oath.
Ms. Comey, you may proceed when ready.
MS. COMEY: Thank you, your Honor.
MS. COMEY: Good afternoon, Jane.
MS. COMEY: Ms. Gavin, would you please bring up what's been marked for identification Government Exhibit 2A-610.
MS. COMEY: Jane, do you recognize this?
MS. COMEY: What is it?
MS. COMEY: Do you know the man?
MS. COMEY: When do you remember meeting this man?
MS. COMEY: And how did you meet this man sometime in approximately 2023?
MS. COMEY: Sean said that?
MS. COMEY: In what context?
MS. COMEY: Your Honor, the government offers this exhibit in evidence.
THE COURT: All right. 2A610 will be admitted.
(Government Exhibit 2A-610 received in evidence)
MS. COMEY: Ms. Gavin, please publish that to the jury.
MS. COMEY: In what city do you remember meeting this man?
MS. COMEY: How many times do you remember seeing this man in person?
MS. COMEY: Do you remember the hotel you were at, or no?
MS. COMEY: How did you come to meet this man?
JANE: I remember Sean said that something new was coming, and then he -- I remember I was in the bedroom and then I guess he greets the guy. And I haven't seen this man yet, and he comes in the bedroom and says that he's cool; it's something different. Just, let's just see, even just for a little bit.
MS. COMEY: Who said that?
MS. COMEY: What happened after Sean said that?
MS. COMEY: When you say you came out, do you mean you came out of the bedroom into the living room?
MS. COMEY: Of the hotel room?
MS. COMEY: We can take this down, Ms. Gavin.
MS. COMEY: Jane, we're going to keep talking about that man. OK?
MS. COMEY: What do you remember happening when you went into the living room of the hotel the day you met that man?
JANE: I remember when I met him, I was polite. I was saying hello, making small talk, but I knew that this was definitely not something that I could fake doing.
MS. COMEY: Why is that?
JANE: Because this man was not attractive to me, and I just couldn't even put on a good, a good spirit for this.
MS. COMEY: So did you try, or no?
JANE: I tried. I tried in the way of dancing, talking, trying to get to know him a little bit better. And I just was repulsed by him.
MS. COMEY: Did you touch this man, or no?
MS. COMEY: About how long did you try to proceed with the hotel night with this man?
MS. COMEY: And then what happened?
MS. COMEY: And what happened next?
JANE: And I told Sean I really can't do this. I just can't, like, I'm not attracted to him. I'm not into it. And he said are you sure? Maybe just a little bit. Are you sure? And I was like, yeah, like, I really, really can't. And I want to say I even tried again for a second time to see if there was any type of chemistry, and I walked back in the -- in the room with Sean and I was like, I really, really can't. I really can't.
MS. COMEY: When you say you tried again to see if there was chemistry, what did you do?
JANE: I just allowed this man to touch my legs and just see me naked and I just saw him naked, and I was just -- I was just repulsed by him.
MS. COMEY: So after that second time trying, where did you and Sean go to talk?
MS. COMEY: And what happened when you talked that second time in the bedroom?
JANE: I said, I'm sorry, like, I really can't do this. This is, like, not something I can even do.
MS. COMEY: How did Sean respond?
JANE: He just was like -- his demeanor was agitated, but he was like, OK, like, all right, and just seemed almost a little confused by -- by it. This wasn't like a typical thing for us to have, like, a hiccup in the routine of the night.
MS. COMEY: What happened next?
MS. COMEY: And then did the night end?
MS. COMEY: What happened after the man left?
MS. COMEY: Do you remember having any conversations with Sean after the man whose photo we just looked at left but before the next person came?
MS. COMEY: Can we please, Ms. Gavin, pull up what's been marked for identification as Government Exhibit 2A-603.
MS. COMEY: Do you recognize the person in that photograph?
MS. COMEY: Who is that?
MS. COMEY: How did you meet this man in New York?
MS. COMEY: In what context did you meet this man in New York?
JANE: I remember that Sean was inviting me to New York, and I said I don't really want to go because I feel like you're going to try to set me up with somebody. And he was saying that that's not what was going to happen, that we were going to have this romantic one-on-one time together in New York. And I was really excited. I trusted those words, and I went to New York. And on my flight was when he says, do you want entertainment tonight?
MS. COMEY: When you arrived in New York, ultimately did you meet the man in this photo, 2A-603?
MS. GERAGOS: Can we please just get a time period, Judge?
BY MS. COMEY:
MS. COMEY: Do you remember about when this was?
MS. COMEY: Are you estimating?
MS. COMEY: Your Honor, the government offers 2A-603 in evidence.
MS. GERAGOS: No objection.
THE COURT: All right. This exhibit will be admitted.
(Government Exhibit 2A-603 received in evidence).
MS. COMEY: Can we please publish that to the jury.
MS. COMEY: Now, you said before you went on this trip, you told Sean you didn't want to have a hotel night, is that right?
MS. COMEY: And how did Sean respond to that before you left for New York?
MS. COMEY: And what kinds of things did Sean tell you you would do in New York?
MS. COMEY: Did you go to dinner or go shopping with Sean when you came to New York?
MS. COMEY: You mentioned being on the flight. When you got on the flight, were you able to get wi-fi at some point?
MS. COMEY: And when you got wi-fi when you were on the flight, what did you see on your phone?
JANE: I saw Sean sending me a text about, do you want entertainment, or can we have entertainment tonight?
MS. COMEY: How did you feel when you saw that text when you were in midair on the way to New York?
JANE: I just -- I felt really disappointed. I felt like my high of seeing my lover was just, like, shot down. Like I just felt this, like, heaviness, like damn -- I'm sorry. I -- I just felt this weight over me, like, I felt like a balloon popped.
MS. COMEY: When you landed in New York, where did you go?
MS. COMEY: And what happened after you got to the Trump Hotel?
JANE: I remember that Sean had some gifts for me, some clothes. So I was happy to see that. And then I remember I went downstairs. I went to the car, and it was getting so late that this dinner was nonexistent because it was already like one in the morning.
MS. COMEY: Where were you waiting for this dinner?
MS. COMEY: What was Sean doing while you were waiting?
MS. COMEY: And how long did you wait?
MS. COMEY: Ms. Gavin, could you pull up what's in evidence as Government Exhibit E-221, please.
MS. COMEY: Do you recognize this, Jane?
MS. COMEY: What is this?
MS. COMEY: Who took this photo?
MS. COMEY: And where were you when you took this photo?
MS. COMEY: Waiting for who?
MS. COMEY: Why did you take this photo?
JANE: For one, honestly, I thought it looked kind of creative. And for two, I was like, wow, that's extremely obvious.
MS. COMEY: What's extremely obvious?
MS. COMEY: And what did you understand was happening in the red-light room?
MS. COMEY: Who was setting it up?
MS. COMEY: Who assistants?
MS. COMEY: And what were they setting it up for, to your understanding?
MS. COMEY: After you waited for Sean, what did you and Sean end up doing that night?
JANE: I remember we found a -- a little bar, lounge thing that was getting ready to close and we just kind of bickered. And we just bickered back and forth, and then I want to say I was handed a pill, and I went back to the hotel with him.
MS. COMEY: What were you and Sean bickering about?
JANE: I was bickering about just how I was done with this and I didn't want to do this and, like, why, like, every time I see you, like, this is happening? And something along those lines. And I just remember he was just like super defensive and saying, like, we don't have to do any of this stuff. I don't need to do any of this and we don't have to do this at all. And just defensive.
MS. COMEY: In the context of this conversation, what was the "this" that you were telling Sean you did not want to do?
MS. COMEY: And when Sean said that you don't have to do it anymore, how did you react?
MS. COMEY: What makes you say that?
MS. COMEY: So what happened after you left that club where you were bickering?
MS. COMEY: And on the way to the hotel room, what, if anything, did Sean give you?
MS. COMEY: Did you take it?
MS. COMEY: And what happened when you got to the hotel room?
MS. COMEY: And what happened next?
JANE: I remember -- I think I remember meeting this -- greeting this man. I said hello. He walked into the living room, and we all just made small talk.
MS. COMEY: And when you say this man, do you mean the man whose photo we were just looking at in Government Exhibit 2A-603?
MS. COMEY: You said you walked into the living room. Were you in a hotel suite?
MS. COMEY: What happened in the living room with Sean, you and this man?
JANE: We were just having conversation, and I remember we were just trying to have some sort of chemistry. But I could feel that this wasn't going to be a thing, and I was kind of trying to dance a little bit. I let the man touch my leg a little bit. And I just wasn't into anything about this guy.
MS. COMEY: So what did you do?
MS. COMEY: What did you tell Sean in the bedroom?
MS. COMEY: How did Sean respond?
MS. COMEY: And then what happened next?
JANE: And then at that point, it's just me and Sean and we're just together and he's like, just kind of like, I can't wait to see what you have for me next. Or what would make this better? Or what would we do? What surprises do you have for me, or something? And in that moment, I just wanted to make it up to him, that he wasn't going to have, like, this night that he envisioned. And so I messaged Kabrale.
MS. COMEY: Why did you feel like you needed to make it up to him if just earlier that night you told him you don't want to do these nights anymore and Sean said you don't have to?
JANE: Really hard question to answer.
I just -- I just -- at this point in my relationship, I just knew that that's what would make my partner the happiest. And I just -- I just wanted to give him what he wanted and I wanted to make him happy and I wanted to just have a good, upbeat night with him.
MS. COMEY: At this point was Sean paying for your rent, or not yet?
MS. COMEY: And at this point had you had any conversations with Sean where he had referenced your rent in connection with these nights?
MS. COMEY: Can you tell us about that?
MS. GERAGOS: Your Honor, objection. Time period.
THE COURT: Can you clarify.
BY MS. COMEY:
MS. COMEY: In the period between when you moved into your home in approximately April or May 2023 and this trip to New York later in 2023, did you have a conversation, one or more conversations with Sean where he brought up your rent in connection with these hotel nights?
MS. COMEY: Can you tell us about those, please?
MS. COMEY: We'll walk through some of your messages a little later, but in the meantime, you mentioned Kabrale?
MS. COMEY: You messaged Kabrale?
MS. COMEY: What did you say to Kabrale when you messaged him?
JANE: I think I said something along the lines of that I would love to see him in New York and that I wasn't too far and if he could make it happen that I would love to see him.
MS. COMEY: And how did he respond?
JANE: He responded happy and he was excited and he got on a flight that same -- couple hours and he was with us in New York that night.
MS. COMEY: Who booked the flight?
MS. COMEY: Who were you with when you booked Kabrale's flight?
MS. COMEY: And where was the flight from?
MS. COMEY: And who paid for the flight?
MS. COMEY: Why do you say me then?
MS. COMEY: And then were you reimbursed?
MS. COMEY: By who?
MS. COMEY: What happened when Kabrale came to New York?
JANE: I remember when Kabrale came, it was fine. He was nice. We had a good time. Kabrale is somebody that I'm familiar with, and Sean was really happy with our interactions.
MS. COMEY: What did you and Kabrale do in New York?
MS. COMEY: In front of who?
MS. COMEY: Where did you have sex with Kabrale in front of Sean while in New York?
MS. COMEY: And after you finished having sex with Kabrale in front of Sean in the Trump Hotel, what, if any, money did you give to him?
JANE: I remember at the very end, Sean and I had to go our separate ways, away from this hotel. And I wanted to make sure that Kabrale didn't feel like we just up and left and forgot about him. So I made sure that he had money in an envelope, and I made sure that one of the assistants had left it at the front desk for Kabrale.
MS. COMEY: Where did the money come from?
MS. COMEY: How much money was it?
MS. COMEY: And do you remember which assistant took the money and left it at the front desk for Kabrale?
MS. COMEY: Jane, we've walked through a number of different photographs of entertainers that you saw in these hotel nights. Were there any men that Sean brought to hotel rooms for hotel nights who we have not seen in photographs so far?
MS. COMEY: How many?
MS. COMEY: I'd like to walk through those.
Who is the first you remember?
MS. COMEY: Do you remember his name?
MS. COMEY: About when did you meet him?
MS. COMEY: Do you remember where you met him?
MS. COMEY: Do you remember what city?
MS. COMEY: Can you remember which hotel?
MS. COMEY: How do you remember meeting this man earlier on in the relationship at a hotel in Los Angeles?
JANE: I remember it because -- I just do. It was a face that I knew that I was with. I just can't recall the name.
MS. COMEY: What do you remember happening?
MS. COMEY: In front of who?
MS. COMEY: How many times do you remember seeing that man for a hotel night?
MS. COMEY: Both in L.A.?
MS. COMEY: Who is the next person you remember as an entertainer from a hotel night whose photo we have not seen?
MS. COMEY: Where do you remember meeting that man?
MS. COMEY: Do you remember how many times you met that man?
MS. COMEY: Do you remember about when?
MS. COMEY: Can you tell us what happened when you met him?
JANE: I remember that this guy was a bit odd. I just felt like he was just a bit odd. But he was pulling out this, like, scent to smell, something to smell during sex. I don't know.
MS. COMEY: Did you end up having sex with that man in front of Sean?
MS. COMEY: And who is the third person you remember as an entertainer from these hotel nights whose photo we haven't seen?
MS. COMEY: Where do you remember meeting that man?
MS. COMEY: In what city?
MS. COMEY: How many times do you remember meeting him?
MS. COMEY: And what do you remember happening both times?
MS. COMEY: In front of who?
MS. COMEY: Now, taking a step back, all of the entertainers that we have talked about today, other than Kabrale and Antoine, who introduced those men to the hotel nights?
MS. COMEY: Before Sean brought them to the hotel nights, had you met any of them?
MS. COMEY: Had you spoken with any of them?
MS. COMEY: Did you know their names?
MS. COMEY: Did you want to have sex with any of the entertainers we've talked about?
MS. COMEY: Who did you want to have sex with?
MS. COMEY: Of the entertainers that we've talked about, were there ones who you saw more frequently than others?
MS. COMEY: Which ones did you see more frequently?
MS. COMEY: And then who else after Paul?
MS. COMEY: Which of these entertainers did you personally reach out to to arrange a meeting for a hotel night?
MS. COMEY: Did you ever try to tell Sean that you didn't want to arrange for entertainment?
MS. COMEY: Do you have a specific memory of that, though?
MS. COMEY: Did you ever arrange a party with an entertainer or a hotel night with an entertainer as a surprise for Sean?
MS. COMEY: About how many times do you remember doing that?
MS. COMEY: Why did you arrange entertainers as a surprise two times if you didn't want to be having sex with other men?
JANE: I feel like at whatever moment that was, maybe it was some sort of celebration or something, like Valentine's Day or him coming back home from a long trip, or something. I knew it was to be expected, and also I could hear the gray lines in between his words that when we saw each other, that's what he wanted to happen.
MS. COMEY: When you say you knew it was to be expected, expected by whom?
MS. COMEY: What did you understand Sean expected of you?
JANE: I understood that he expected me to coordinate a night where we had an entertainer join us.
MS. COMEY: And you said you could read between the lines. What do you mean by that?
JANE: I mean he didn't have to directly, specifically tell me to do things. If he said things like I can't wait to see what you have for me or something along those lines, I just knew what task that was being asked of me.
MS. COMEY: And what task did you understand was being asked of you?
MS. COMEY: What specifically?
MS. COMEY: Throughout the period between May of 2021 and October of 2023, how did you feel about Sean?
MS. COMEY: Did you tell Sean that?
MS. COMEY: Throughout that same period, who did you want to have sex with?
MS. COMEY: Did you tell Sean that?
MS. COMEY: You've talked a little bit about seeing cash during some of these hotel nights. About how often do you remember seeing cash in these hotel rooms between May of 2021 and October of 2023?
MS. COMEY: Where do you remember seeing cash in these hotel rooms?
MS. COMEY: So let's talk about the drawer.
What drawer do you remember seeing cash in?
MS. COMEY: Whose cash was it?
MS. COMEY: And then you said you remember seeing cash dropped off.
Was there ever a time when Sean ran out of money during one of these hotel nights?
MS. COMEY: How often do you remember that happening?
MS. COMEY: More than once?
MS. COMEY: And did -- let's talk about the first time you remember that happening.
About when was the first time you remember that happening?
MS. COMEY: And when Sean ran out of cash that first time, in 2022, what do you remember Sean doing?
MS. COMEY: Well, before he received it, did you see him make any phone calls, or no?
MS. COMEY: What phone call did you see him make?
MS. COMEY: Who do you remember Sean calling for cash from hotel rooms?
MS. COMEY: Who from security do you remember Sean calling for cash from hotel nights?
MS. COMEY: And after Sean made these calls, what do you remember happening?
JANE: That cash would appear and it would be there with an assistant or security, along with just items that we also needed, like beverages and things.
MS. COMEY: How much cash, if you know, do you remember seeing assistants and security bring into the hotel rooms during these hotel nights?
MS. COMEY: Who do you remember handling the cash in the hotel rooms other than the assistants and security?
MS. COMEY: Did you ever see anyone else handle the cash?
MS. COMEY: Who, if anyone, did you see Sean hand cash to in these hotel rooms?
MS. GERAGOS: Objection. Time period.
THE COURT: A little bit more clarity on that.
BY MS. COMEY:
MS. COMEY: Jane, during the entirety of your relationship with Sean, did you see him hand cash to anyone other than yourself?
MS. COMEY: Who have you seen him hand cash to?
MS. COMEY: How many times have you seen him hand cash to Don?
MS. COMEY: How many times have you seen him hand cash to Paul?
MS. COMEY: When -- let's take Don first.
When's the first time you remember seeing Sean hand cash to Don?
JANE: The first time, early on in the relationship, every time I would see Don, I would kind of see that moment happen.
MS. COMEY: When you say that moment, what moment did you see in the hotel nights with Don early on?
MS. COMEY: At what point in the hotel night did you see Sean giving Don money?
MS. COMEY: After you were done having sex with Don?
MS. COMEY: How about Paul; at what point in the hotel night did you see Sean handing money to Paul?
MS. COMEY: Meaning when you're done having sex with Paul?
MS. COMEY: With respect to the other men, when the other men --
MS. GERAGOS: Your Honor, could we just get a time period on Paul? We got one on Don, but not on Paul.
BY MS. COMEY:
MS. COMEY: During approximately what year or years do you remember seeing Sean hand money to Paul?
MS. COMEY: During the other hotel nights, when the men would finish having sex with you and be done, what would you usually do?
MS. COMEY: And in the meantime, where would Sean be?
MS. COMEY: So were there times when Sean would say goodbye to the men and you would not be in the room? You described you being in the bedroom. Where would Sean be?
MS. COMEY: With who?
MS. COMEY: And then you mentioned that you handed money to Kabrale and Antoine. Did you do that once or more than once?
MS. COMEY: During how many of these nights that you had with Kabrale and Antoine did you hand them money?
MS. COMEY: Do you remember any where you didn't either hand them money or send them money?
MS. COMEY: And each time the money was cash, who gave you the cash to hand to Antoine and Kabrale?
MS. COMEY: And at what point in a hotel night did Sean give you cash to hand to Antoine and Kabrale?
MS. COMEY: After you were done having sex?
MS. COMEY: Sorry?
MS. COMEY: Jane, you mentioned earlier that Sean would sometimes film these hotel nights. Is that right?
MS. COMEY: How often during your relationship with him did Sean record you having sex with other men during hotel nights?
MS. COMEY: What did you see Sean use to make those recordings?
MS. COMEY: And what, if anything, did Sean say to you and the entertainer when he would bring out his iPhone?
MS. COMEY: And while recording -- well --
MS. COMEY: Go ahead.
MS. COMEY: Throughout these hotel nights, did Sean behave in essentially the same way each time, or was it different across the times?
MS. COMEY: How so?
JANE: I mean sometimes he'd be super happy, be really happy, and maybe just on some rare occasions he would be unhappy, a bit upset.
MS. COMEY: Across your hotel nights with Sean throughout the entirety of your relationship, did Sean ever give you directions about what to do during hotel nights?
MS. COMEY: How often?
MS. COMEY: Was there ever a hotel night when he didn't give you any instructions about what to do during a hotel night?
MS. COMEY: What instructions do you remember Sean giving you most often?
JANE: How to use the baby oil on the man and how to touch myself while that was happening and how to have the man stand there for some time, and I would just be there for many hours in that position.
MS. COMEY: You would stay in the same position for many hours?
MS. COMEY: Who would tell you to do that?
MS. COMEY: What other instructions do you remember Sean giving you multiple times across these hotel nights?
MS. GERAGOS: Objection.
THE COURT: Grounds.
MS. GERAGOS: Leading.
THE COURT: That's overruled.
MS. COMEY: What other instructions do you remember Sean giving you?
JANE: I remember Sean would say things like, do you want to taste it? Do you want to do this or stroke it or just let it hang and just let it drip? And just touch yourself and things like that.
MS. COMEY: How did you respond to all of Sean's instructions in these rooms?
MS. COMEY: When the camera was on you, when you knew that Sean was recording you, how did you react?
MS. COMEY: Did Sean ever record you when you were sober in these rooms?
MS. COMEY: What drugs were you under the influence of when Sean recorded you in these rooms?
MS. COMEY: Did you enjoy having sex with other men in these rooms, Jane?
MS. COMEY: Did you act like you enjoyed it?
MS. COMEY: If you didn't enjoy it, why did you act like it?
MS. COMEY: For who?
MS. COMEY: After doing a few of these hotel nights for Sean, did you have an understanding of what a good show would be for Sean?
MS. COMEY: What was that understanding?
MS. COMEY: During these nights, what, if any, fantasy talk did you engage in?
JANE: So many. Fantasy talk was always just a role play. It was just always role playing. We were -- just a fantasy talk of -- I'm sorry. There's so many memories just bursting through.
MS. COMEY: Why were you role playing in these rooms?
MS. COMEY: How did you know that?
JANE: Because he would create a role play with me and we would come up with names and scenarios and characters.
MS. COMEY: Did Sean ever ask you on camera to describe how you felt during these nights?
MS. COMEY: Would you sometimes laugh or joke during these nights?
MS. COMEY: Why would you laugh or joke if you didn't want to be having sex with other men?
JANE: I was high. I was happy to be with my partner. I was in the moment with everything going on.
MS. COMEY: And throughout this whole time, how did you feel about Sean?
MS. COMEY: Jane, I want to show you a few exhibits that are in evidence. I'm going to ask that they not be put up on the attorneys' screens or my screen, that they only be put up on the jurors' screens and on Jane's screen. Is that OK, Jane?
MS. COMEY: We're going to start, Ms. Gavin, please, with Government Exhibit AX-101-B1. If you could please pull that up.
MS. COMEY: And Jane, when you see that, I'm going to ask you if you recognize it and if you recognize the people in it.
MS. COMEY: Was that during one of these hotel nights?
MS. COMEY: Let's go now please to AX-102-D1.
MS. COMEY: Is that during one of these hotel nights?
MS. COMEY: Let's go now, please, to Government Exhibit AX-105-C1.
MS. COMEY: During one of these nights?
MS. COMEY: Let's go now, please, to Government Exhibit AX-701-65A.
MS. COMEY: During one of these nights?
MS. COMEY: Let's go now, please, to Government Exhibit AX-701-79A, please.
MS. COMEY: During one of these nights?
MS. COMEY: Let's go now, please, to Government Exhibit AX-702-F1.
MS. COMEY: During one of these nights?
MS. COMEY: Let's go now, please, to Government Exhibit AX-703-42A.
MS. COMEY: During one of these nights?
MS. COMEY: Let's go now, please, to Government Exhibit AX-703-91A.
MS. COMEY: During one of these nights?
MS. COMEY: Let's go now, please, to Government Exhibit AX-1102-A1.
MS. COMEY: During one of these nights?
MS. COMEY: Let's go now, please, to Government Exhibit EX-165-A.
MS. COMEY: During one of these nights?
MS. COMEY: Let's go now, please, to Government Exhibit EX-166-A.
MS. COMEY: During one of these nights?
MS. COMEY: Let's go now, please, to Government Exhibit EX-167-A.
MS. COMEY: During one of these nights?
MS. COMEY: Let's go now, please, to Government Exhibit EX-179-A.
MS. COMEY: During one of these nights?
MS. COMEY: Let's go now, please, to Government Exhibit EX-181-A.
MS. COMEY: Do you remember where this took place?
MS. COMEY: Where did this take place?
MS. COMEY: Sean's home in Mapleton?
MS. COMEY: During one of these nights?
MS. COMEY: Let's go now, please, to Government Exhibit EX-184-A.
MS. COMEY: During one of these nights?
MS. COMEY: We can take that down. Thank you, Ms. Gavin.
MS. COMEY: Was Sean present for all of the images that we just saw?
MS. COMEY: Jane, for each of the hotel nights that you attended during your relationship with Sean, what, if any, preparation did you do to get ready for these nights?
JANE: I remember I would just be always on point as far as my glam, like I would have my nails done, my hair, my makeup, my tan. I would have outfits already ready, shoes, things like that.
MS. COMEY: Did you wear the same type of shoes at every single one of these nights with Sean?
MS. COMEY: What type of shoes did you wear?
JANE: I wore really high, high -- high heels like for dancers, like professional dancer, like stripper girls.
MS. COMEY: For how long did you have those shoes on during each hotel night?
MS. COMEY: What did that feel like?
MS. COMEY: What would happen with the baby oil when you were wearing those shoes all night?
JANE: I would just -- I just remember my feet being really sticky and oily. And then I would always just try to be, remain balanced in my steps. Maybe a couple times I've slipped. And, yeah.
MS. COMEY: What, if any, piercings did Sean ask you to get?
MS. COMEY: About when did he ask you to do that?
MS. COMEY: When Sean asked you to get your nipples pierced, did he say why?
MS. COMEY: Did you end up getting them pierced?
MS. COMEY: How did you find a place to get them pierced?
MS. COMEY: And how did you get an appointment at that place?
MS. COMEY: Did you get them pierced?
MS. COMEY: What did it feel like?
MS. COMEY: For how long did you keep those piercings in?
MS. COMEY: Why did you take them off after a year?
MS. COMEY: What did they snag on?
MS. COMEY: How did Sean react when you took out your nipple piercings?
JANE: He was OK with it at first. But then I could tell he was getting impatient with how long this -- it was taking me to put them back in.
MS. COMEY: How did you know that?
JANE: Because he would say things like, where are my piercings, where are my piercings? This is the last time I see you when you don't have any piercings on.
MS. COMEY: What did you understand Sean was referring to when he said my piercings?
MS. COMEY: Did you ever experience back pain during any of these hotel nights?
MS. COMEY: During how many?
MS. COMEY: What kind of back pain did you experience during these hotel nights?
MS. COMEY: What made your shoulders and back hurt?
JANE: Because I would be at the edge of the seat or at the edge of the bed in the position that he liked me doing foreplay on these men.
MS. COMEY: For how long?
MS. COMEY: Why would you stay in that position for many hours if it hurt you?
MS. COMEY: What, if any, infections did you have as a result of these hotel nights?
MS. COMEY: About how often did you get a UTI after a hotel night?
MS. COMEY: What did it feel like to have a UTI?
MS. COMEY: What treatment did you get for your UTIs?
MS. COMEY: What, if anything, did you tell Sean about the UTIs you were getting so frequently?
MS. COMEY: About how long would you have to recover from a UTI before having another hotel night with Sean?
MS. GERAGOS: Objection. As to time.
THE COURT: That's overruled.
(Continued on next page)
BY MS. COMEY:
MS. COMEY: Were there ever times you couldn't recover fully from a UTI before having another hotel night?
MS. COMEY: About how often did that happen?
MS. COMEY: Did you ever get sore anywhere other than your back as a result of these hotel nights?
MS. COMEY: What part of your body got sore as a result of these hotel nights?
MS. COMEY: Did you ever tell Sean during one of these hotel nights that your vagina was sore?
MS. COMEY: Why do you say probably not?
MS. COMEY: About what percentage of hotel nights did you get sore in your pelvic area during?
MS. COMEY: Did you stop when you got sore?
MS. COMEY: On the times you didn't stop, why didn't you stop?
THE COURT: Can we have a very brief sidebar.
(Continued on next page)
(At sidebar)
THE COURT: Ms. Comey, how long do you want to go today? Because my concern is that starting at 9:00 and going all the way to the end of the day may be taxing for any witness. And so I wanted to get your thoughts on that so we can figure out and make sure we're taking appropriate breaks, etc., and ending at the right time.
MS. COMEY: I appreciate that, your Honor. I asked this witness during both breaks how she was feeling, and she said that although it's very emotional and taxing, she wants to get this out. She wants to be able to finish her testimony.
THE COURT: Okay.
MS. COMEY: Perhaps I could check with her at the next break and see if she wants to end early. But I asked her after how emotional she got before lunch, and she said she wanted to keep going.
THE COURT: So you're comfortable going to the time of 5:00 p.m.?
MS. COMEY: For now. If you wouldn't mind me checking at the break with her to see if she wants to end early. I know she really wants to be able to make her flight, so she may be pushing through for that.
THE COURT: Anything, Ms. Geragos?
MS. GERAGOS: No, I think we discussed it. I discussed it with her counsel as well. Like she wants the flight. We're trying our best to make it happen.
THE COURT: Okay. I wanted to check in with everybody. So we'll probably go for another half hour or so and take a break.
MS. COMEY: That's fine. Thank you, Judge.
(Continued on next page)
(In open court; jury present)
THE COURT: Ms. Comey, you may proceed.
MS. COMEY: Thank you, your Honor.
BY MS. COMEY:
MS. COMEY: Jane, do you have an estimate of about how many times you told Sean that you did not want to keep having these hotel nights?
JANE: I don't have an estimate, but I know I definitely wasted in a sense of mostly text messages.
MS. COMEY: Generally, when you tried to bring this up over the phone or in person, how did Sean react?
MS. GERAGOS: Objection as to time.
THE COURT: Sustained.
MS. COMEY: Jane, between May 2021 and October 2023, did you try to bring this up with Sean over the phone and in person?
MS. COMEY: Once or more than once?
MS. COMEY: And each time did he react essentially the same way?
MS. COMEY: How did he react?
MS. COMEY: When you had these conversations over the phone and in person with Sean, were you able to get all of your words out?
MS. COMEY: Why not?
MS. COMEY: What do you mean?
MS. COMEY: What if anything did you do to help collect your thoughts and prepare to tell Sean how you felt?
MS. COMEY: What are your notes?
JANE: In my iPhone, I had this app which was my notes, and this was my only avenue to get my feelings out and write my thoughts and my feelings.
MS. COMEY: And then after you wrote your thoughts and your feelings out in your notes, what did you do with what you had written in those notes?
JANE: Sometimes I would feel better just getting it out and writing it. And sometimes I would just have the courage to actually send it to him.
MS. COMEY: Send it to who?
MS. COMEY: In a text message?
MS. COMEY: I want to jump forward in time.
Toward the end of your relationship with Sean, what if anything did Sean tell you or say to you about whether you had ever told him you wanted to stop these hotel nights?
JANE: I just remember he said that, that I never told him or that, like, he wasn't aware of how I was feeling.
MS. COMEY: At the time he told you that toward the end of your relationship, did you believe him?
MS. COMEY: Since then, have you reviewed some of your text messages with Sean from your relationship?
MS. COMEY: What did you realize when you reviewed those text messages?
MS. COMEY: Ms. Gavin, can we please pull up what's in evidence as Government Exhibit A-104-11, pages two and three.
I'm going to start with the top left. Thank you.
MS. COMEY: What's the date of these text messages?
MS. COMEY: So is this still pretty early in your relationship with Sean?
MS. COMEY: Do you remember having this text conversation with Sean?
MS. COMEY: Okay. Can you read us these two text messages, please?
MS. COMEY: What were you talking about in these texts?
JANE: I was feeling really jealous and really sad because I remember when I had came home, I was feeling bad that I went on a trip with Sean and it turned into a hotel night. And when I was home, I could see that he was with another woman doing all these quality things, that quality time together, togetherness things that, like, I really wanted to do with my partner.
MS. COMEY: How were you able to see that if you weren't with him anymore?
MS. COMEY: What did you see on their Instagram stories in November of 2021?
MS. COMEY: Jane, if you know that Sean was seeing other women, why were you jealous of him being with this other woman?
MS. GERAGOS: Objection, your Honor.
THE COURT: Sustained.
MS. COMEY: Jane, back in that moment, why were you jealous if you knew that he was dating other women?
JANE: I was jealous here because I felt mistreated. That I was coming there to do hotel night, and when I leave, he's giving another woman this quality time that I was, like, begging for.
MS. COMEY: So what's the next text that you send?
MS. COMEY: And then can we go to the next text.
What did you say next?
JANE: I said: I thought on a quick one to two-day trip you just wanted to see me, but wanted a Don and Sly moment within that time, hotel vibes.
MS. COMEY: What did you mean when you said a Don and Sly moment?
JANE: I meant that I thought he wanted to see me, and instead I ended up in a hotel for two days.
MS. COMEY: And who are Don and Sly?
MS. COMEY: Do you know Sly by any other names?
MS. COMEY: And when you said hotel vibes, what were you referring to?
MS. COMEY: What's the next text you wrote?
MS. COMEY: And can we read the text at the bottom of this page, please?
MS. COMEY: For about how long had you been having hotel nights at this point?
MS. COMEY: Was this still relatively early in your relationship?
MS. COMEY: Can we go to pages five and six, please, Ms. Gavin.
MS. COMEY: Jane, can you read us the top two messages, please?
JANE: I said: I need a breather and a break from you. This doesn't make me feel good at all. Your true intentions with me are in plain sight. Hope you two have a great Thanksgiving.
MS. COMEY: What were you referring to when you said I need a breather and a break from you?
MS. COMEY: And what were you referring to when you wrote this doesn't make me feel good at all?
MS. COMEY: And what were you referring to when you wrote your true intentions with me are in plain sight?
MS. COMEY: What's the next text you sent?
MS. COMEY: You can read it.
JANE: Don't say you fucking miss me and you're bored over there. Just don't say shit to me at all. You don't deserve me.
MS. COMEY: You can take that down. And, Ms. Gavin, can we leave this up and can you please play for us Government Exhibit A-104-11-A.
MS. COMEY: Jane, what's the green bubble that we see there?
MS. COMEY: From who?
MS. COMEY: To who?
MS. COMEY: Ms. Gavin, if we can play that from the beginning, please.
(Audio played)
MS. COMEY: Jane, how often did Sean speak to you using the tone and language we just heard in that voice note?
MS. COMEY: Throughout that message, Sean was referring to she. What did you understand he was talking about when he said she?
MS. COMEY: Is that the same woman who you had seen on Instagram?
MS. COMEY: How many times did Sean call you fucking crazy when you tried to raise concerns about having to do these hotel nights while other women he saw were treated differently?
MS. COMEY: How did it make you feel when he talked to you that way?
MS. COMEY: Let's go to pages seven and eight, please.
Can we zoom in on the top two, please.
MS. COMEY: What did you say in response?
JANE: I said: Ain't nobody just come to workout. She's been there for days and posting the studio, etc. Stop lying. Funny thing is I don't even care.
MS. COMEY: What's the next text?
MS. COMEY: Why were you saying you don't care who Sean is with?
JANE: I said I didn't care about who he was with. It was what they were doing that made me jealous. I wanted that time with him. That's what I wanted from him.
MS. COMEY: What's the next text?
MS. COMEY: Let's go to the next ones, please. A. I say: But you're lying. You just want the hotel shit.
MS. COMEY: What were you referring to when you said you just want the hotel shit?
MS. COMEY: Why were you bringing up hotels in a conversation where you're talking about Sean being with another woman?
JANE: Because I'm trying to put it into perspective for him that there's just an imbalance here. There's just an imbalance.
MS. COMEY: An imbalance between what?
MS. COMEY: How were you being treated?
JANE: I was being treated like, like I was the one who had to take this on. I had to take all of this on. And they didn't.
MS. COMEY: Can you read the next text you wrote, please?
MS. COMEY: What were you referring to there?
MS. COMEY: Let's go to pages 10 and 11, please.
MS. COMEY: Is this the end of this same conversation on November 22nd, 2021?
MS. COMEY: What did you write?
MS. COMEY: What did Sean write?
MS. COMEY: And then what's the last text you said?
MS. COMEY: And then on the other page, the next text you send, what's the date of the next text?
MS. COMEY: And can you read the bottom text for us?
MS. COMEY: Do you remember what happened between -- I'm sorry. Can you read the third text?
MS. COMEY: Do you remember what happened between the argument we just read on November 22nd and these different texts on November 24th?
MS. COMEY: What happened?
MS. COMEY: What kinds of things did he say to calm you down, if you remember?
JANE: I just know generally whenever we would have these types of back and forths, that whenever we would FaceTime, he would say that --
MS. GERAGOS: Objection. She's talking about this time.
THE COURT: That's fair. Why don't we get a new question.
Ms. Comey.
BY MS. COMEY:
MS. COMEY: Jane, about how often would you have fights with Sean about not wanting to do hotel nights and then have a FaceTime with him after the fight?
MS. COMEY: Each time you had a FaceTime with him after the fight, did essentially the same thing happen?
MS. COMEY: What happened?
JANE: I would get cooled down. I would just calm down. He would say all the things that I wanted to hear. He would say that it's not what I'm thinking. That it's -- he would just downplay whatever it was that I was freaking out about, and that he loved me and that he missed me, can't wait to see me. And it would be done.
MS. COMEY: Ms. Gavin, can we please go to Government Exhibit A-104-21. Can we look at pages two and three, please.
MS. COMEY: What are the dates of these messages?
MS. COMEY: I'm sorry. I want to go to the bottom message on the left.
MS. COMEY: What's the date of this message?
MS. COMEY: What did you write on that day?
MS. COMEY: Who did you send that to?
MS. COMEY: Can we go to the next page and see the next texts.
MS. COMEY: How did Sean respond?
MS. COMEY: And what did you say?
MS. COMEY: And can we go to pages -- well, at this point do you remember what was going on around the time you had this conversation?
MS. COMEY: This was around your birthday in 2022?
MS. COMEY: Where did you spend your birthday in 2022?
MS. COMEY: And before you went to the Waldorf in Los Angeles, what if anything had Sean told you he had planned for your birthday?
MS. COMEY: Were you expecting to have sex with other men on your birthday?
MS. COMEY: What ended up happening when you went to the Waldorf on your birthday in 2022?
MS. COMEY: Who brought Leo in on your birthday?
MS. COMEY: Do you remember any conversation around that on your birthday?
JANE: He said that he had entertainment coming and that it would be fun and that I would like it.
MS. COMEY: How did you react?
MS. COMEY: Let's go to pages five and six, please.
Can we zoom in on the middle text in green and the bottom text in blue.
MS. COMEY: What did Sean text you on February 11th, 2022?
MS. COMEY: And what did you say in response?
MS. COMEY: How many phones did Sean use at this time?
MS. COMEY: And how did you know which one to communicate with?
MS. COMEY: What had happened between your birthday where you met Leo and these texts on February 11th, 2022?
JANE: I remember at this time that's when he started dating another woman. And it was really heartbreaking for me because I felt that I saw this big grandiose birthday that he did for her versus the type of birthday that I just experienced with him.
MS. COMEY: How did you see the birthday that he -- that Sean planned for another woman?
MS. COMEY: What did you see on Instagram?
JANE: I saw that the woman had a private jet. That he had booked a villa on a nice island with her and her friends, and just did such a beautiful birthday celebration for this woman.
MS. COMEY: So let's keep reading your text. Can you read what you said on the other page, please?
MS. COMEY: And then what did you say next?
MS. COMEY: And can we read the next text, please?
JANE: I said: I see the entire island vacation home, the dressed up PJ, all the effort you've put into this. That's why you were blowing me up on my birthday, acting like you had planned so much for us. Because you knew I would see all of this and what a drastic difference it is. Now this, this is a proper birthday plan. Why do you try to play me like that? One minute you go off about how she's just a business partner. The next you go off about how much money she spends on you. So now you're trying to put the financial competition in my face. Imagine how weird it would make you feel if I ever told you some man spent money on me.
MS. COMEY: What were you talking about when you said she's just a business partner?
JANE: I was referring to the woman he was dating and how when their romance started happening, he was telling me that it was all business, that don't believe the things that were online and that it was not like that.
MS. COMEY: Let's go to pages six and seven, please.
MS. COMEY: Can you please read the bottom text on the right-hand side. On the right-hand side, please.
What did you write to Sean?
JANE: I said: I don't ever want to do another hotel entertainment night with you. I didn't even want to do those things with you on my birthday, but I wanted to make sure we had fun. I feel so cheap once again.
MS. COMEY: What do you remember happening after you sent this text to Sean?
MS. COMEY: Can you take that down. Thank you, Ms. Gavin. A. I remember we probably had a FaceTime.
MS. COMEY: Over the next year, did these hotel nights continue?
MS. COMEY: Did you want to be doing them?
MS. COMEY: Over the next year, what sorts of activities or outings did Sean tell you that you would get to do with him?
JANE: He told me that we would go on more dates, that we would go on more trips, and we would travel and just do normal things together that I really craved to do.
MS. COMEY: How many of those things did you do?
MS. COMEY: Did you go on any trips?
MS. COMEY: What did you do most of the time you saw Sean over the next year?
MS. COMEY: I'd like to pull up now what's -- not in evidence. What's marked for identification as Government Exhibit E-331-B.
Can we turn to the next page, please. And can we zoom in on the record 164 down to the last text that's visible.
MS. COMEY: Jane, do you recognize this?
MS. COMEY: What is this?
MS. COMEY: What's the date of this note?
MS. COMEY: Is this one of the notes that you talked about writing earlier?
MS. COMEY: And in this note, were you describing how you were feeling at the time you wrote it?
MS. COMEY: Your Honor, the government offers this in evidence.
THE COURT: This exhibit will be admitted. What's the number again?
MS. COMEY: It's E-331-B.
THE COURT: E-331-B will be admitted.
(Government's Exhibit E-331-B-R received in evidence)
MS. COMEY: Ms. Gavin, will you please publish this to the jury. And can you zoom back out, please.
And then can you zoom in from the last modified date down to the black box right below the last text.
MS. COMEY: What's the date of this?
MS. COMEY: And are we looking at all of the note you wrote on that date or just some of it?
MS. COMEY: Would you please read the parts that are visible?
JANE: I say: I've just been waiting for you to do all the things you promise me and nothing. You hurt my feelings every time you dismiss me, it's belittling. You always ask of me, and when I ask of you, it's a problem or I'm made to feel weird about it. We both deserve love and to feel valued and appreciated and I don't feel that here.
And then I say: Hey, I don't know what you're calling me for, but I'm sorry, I don't want to do drugs for days and days and have you use me to fulfill your freaky wild desires in hotel rooms.
MS. COMEY: I want to ask you some questions about this.
When you wrote I've been waiting for you to do all the things you promise me, what were you referring to?
JANE: Every time I would see Sean or get ready to see Sean, I feel like there was some sort of like promise that we would spend quality time, that we would do all these things together. And if I just did a hotel night, we would do it after.
MS. COMEY: Who told you if you just did a hotel night you would do these things after?
JANE: He didn't specifically say that, but it would be like let's just do like one party first or let's just -- after tonight, which the night would be a hotel night, and then Sean would say that.
MS. COMEY: I want to make sure we're clear. So Sean is the one who's saying this?
MS. COMEY: And what types of things did Sean promise you?
MS. COMEY: What did he tell you he wanted to do first?
MS. COMEY: And then did you agree?
MS. COMEY: And then after the hotel night, each time what happened?
JANE: We would be too tired. We would be too tired and exhausted and we would just spend the rest of our free time sleeping.
MS. COMEY: Now, Jane, do you remember back at the first hotel night you talked about with Don in May of 2021? Do you remember talking about that yesterday, your first hotel night with Don?
MS. COMEY: First one ever?
MS. COMEY: The day after that, do you remember where you went?
MS. COMEY: So at that time was Sean too tired to take you out on a yacht?
MS. GERAGOS: Objection.
MS. COMEY: And then you write I don't know why you're calling me but I'm sorry I don't want to --
THE COURT: I'm sorry. Was there an objection?
MS. GERAGOS: Yes, there was an objection.
THE COURT: I didn't hear you.
MS. GERAGOS: I'm sorry. Objection, your Honor.
THE COURT: All right. That was to the last question?
MS. GERAGOS: Yes.
THE COURT: It would have been overruled and there was an answer given.
Ms. Comey, you may proceed.
BY MS. COMEY:
MS. COMEY: So when you write: I don't know why you're calling me but I'm sorry I don't want to do drugs for days and days and have you use me to fulfill your freaky wild desires in hotel rooms, who was that addressed to?
MS. COMEY: Why did you write that in your notes app?
MS. COMEY: Is it how you felt though?
MS. COMEY: Ms. Gavin, I would now like to pull up please just for the witness and the parties Government Exhibit E-331-A.
Can you turn to the second page, please. And can you zoom in on the text above the black box.
MS. COMEY: Jane, what is this?
MS. COMEY: What's the date?
MS. COMEY: And when you wrote this, were you writing about how you were feeling at the time?
MS. COMEY: Your Honor, the government offers this exhibit in evidence.
THE COURT: All right. Again, could you give me the number because these are lengthy numbers.
MS. COMEY: Yes, I'm sorry, your Honor. E-331-A.
THE COURT: All right. E-331-A will be admitted.
(Government's Exhibit E-331-A-R received in evidence)
MS. GERAGOS: I believe it's dash R.
MS. COMEY: I'm so sorry. It should be dash R. My apologies. And the prior one should be B dash R, your Honor. I'm sorry. They should be the redacted versions.
THE COURT: Both of these two exhibits will be admitted in their redacted form.
MS. COMEY: Thank you, your Honor.
MS. GERAGOS: Over our previous objection, your Honor.
THE COURT: Understood.
MS. COMEY: Can we please publish that to the jury.
MS. COMEY: Jane, what's the date of this note?
MS. COMEY: Would you read this please?
JANE: I say: But for what. You want to call me for what. You going to ask me to come over to put you to bed because you were partying with another girl the night before. Ask for foot rubs and sleep till the next day to take another girl on a date or ask me to come over because you want escapism or debauchery. Keep me up for three days straight and then send thousands of roses, cars, jewelry, private island trips, date nights for someone else, and leave me to clean up my house and recover alone. I'm done being used by you. You are hurtful and damaging for me. I have to pull away from you because you have just crossed too many lines. Call you for what. So you can convince me to come over around you and what. Put you to bed and give you foot rubs because you were fucked up from partying with whoever the night before. Have me just sit there while you're calling, texting, FaceTimeing, and sending voice notes to other girls. Or have me locked up in a hotel or trash my house for a three-day dirty escapism binge. Have me do all of that just to turn around to leave me to clean up and recover on my own while you buy thousands of roses, cars, jewelry, shopping, PJ flights, and set up the next flight and trip for someone else. I'm done being used by you. I don't feel good around you, and I need to stay away from you.
MS. COMEY: Jane, why did you write that?
JANE: I wrote that because these things were happening around this time where it was really hurtful to see that Sean was so capable of doing these really romantic, lovely gestures. But when it came to me, I was just always dealt and met with excuses.
MS. COMEY: Toward the bottom of the text where you wrote leave me to clean up and recover on my own, what were you referring to?
JANE: I was referring to so many of these nights where even after everything is done, I took it upon myself to try to clean up as much as I could. And sometimes if it was at my place, I wouldn't have the maid for days, and so I would just clean it all up by myself. Be by myself as I'm coming down from drugs and just trying not to think too much about what just happened and the reality of me being alone cleaning up after this and how that would effect me.
MS. COMEY: Why didn't you want to think too much about what had happened?
MS. COMEY: You can take that down. Thank you.
MS. COMEY: Jane, we talked earlier about your birthday in February of 2023. Do you remember that?
MS. COMEY: I'm not going to make you talk about it in detail again, but can you remind us where that was?
MS. COMEY: Can we please pull up what is in evidence as Government Exhibits E-111 and E-198.
MS. COMEY: Jane, what are these?
MS. COMEY: Your birthday in 2023?
MS. COMEY: What part of the night were these from?
JANE: This was the beginning. This was -- one was at dinner and the other one was in the hotel room just getting the night started.
MS. COMEY: How do you remember feeling when these photos were taken?
JANE: I was feeling really happy with my partner. I just loved every single minute with him. I always wanted to kiss him or touch him or just be next to him.
MS. COMEY: We can take those down. Thank you.
Would you please pull up, Ms. Gavin, what's in evidence as Government Exhibit A-104-42, and let's go to pages two and three.
Can you zoom in on the top two texts on the left, please.
MS. COMEY: What's the date of these texts?
MS. COMEY: And then is the next one February 12th, 2023?
MS. COMEY: And are these after you left Miami after your birthday in 2023?
MS. COMEY: What did you write?
MS. COMEY: Why did you send that text to Sean after your birthday?
JANE: Because he left me in that room like that and he embarked on a private vacation with him and his other girl that he was dating.
MS. COMEY: How did you know that?
MS. COMEY: And did you see it there?
MS. COMEY: And what did you see on Instagram?
JANE: I saw that she had a plane that was decorated for her birthday. I saw photos of them together. And I saw them going to a private island.
MS. COMEY: How did that make you feel?
MS. COMEY: Why?
JANE: It broke my heart because I just finished spending my birthday with all these guys having sex with me, and then just for my partner to leave and do such -- a romantic gesture for someone else.
MS. COMEY: Can you read how Sean responded to you when you asked why he lied to you.
Actually, backing up. What about that was a lie?
JANE: I asked him in that night, I remember he was making phone calls, private phone calls, to his assistant asking if the food was okay and if the chef was there. And it seemed like he was in preparation for something else.
And I just -- I had it in the pit of my stomach that he was getting ready to do something that was just going to really hurt my feelings and so instead of not saying anything, I just looked him in his eyes and I said are you going on a trip? Are you going on a trip after this? And he flat out said no.
MS. COMEY: How did Sean respond on February 12th, 2023 to your text?
JANE: He said: Because I didn't feel like telling you what I was doing with somebody else. You had your birthday. And I didn't tell her what I was doing with you. And that's the way I want to keep it. Thank you. Love. Hope you have a great dinner.
MS. COMEY: How did you respond?
JANE: I said: I've been asking for us to go to Turks for so long or to take any trip together. You've left me behind for years now to watch all your trips. And I've been cool about it. Hoping you'd take me somewhere for my birthday. You know I specifically wanted to go to Turks. This just doesn't feel good.
MS. COMEY: Let's jump to pages six and seven, please.
MS. COMEY: Would you please read -- is this a continuation of the same conversation?
MS. COMEY: Could you please read what you wrote on this page?
JANE: I said: Yeah, baby. It's really weighing down on me. Italy two times, St. Barths, now Turks, the place I've been patiently and kindly asking for for years now.
MS. COMEY: What were you referencing when you said Italy two times, St. Barths, now Turks?
MS. COMEY: And how did Sean respond?
MS. COMEY: What did you understand Sean was referring to when he said you look like you had a great party?
JANE: I understood him to talk about my birthday dinner that he did for me that I did the night before.
MS. COMEY: What birthday dinner had you done the night before sending these text messages?
JANE: After our birthday celebration for me, I left Miami and I had a birthday dinner with my girlfriends the following day. And so he's saying that I look like I had a great birthday party. And him saying we had a good time, meaning our time together at the hotel. And for me to stay in the light, which meant like just move on from that feeling and whatever.
MS. COMEY: And who paid for that birthday dinner with your friends?
MS. COMEY: But was he there?
MS. COMEY: Where was he?
MS. COMEY: Can you read the text at the bottom of the page on the left, please?
MS. COMEY: Let's read the text on the next page, please.
JANE: I say: I've been staying in the light and staying strong about it, but this is my truth and how it makes me feel. I'd like to get off the hamster wheel and just do something different with you. I deserve it too.
MS. COMEY: What did you mean when you said I'd like to get off the hamster wheel?
JANE: I meant that I wanted to get off the rhythm of these nights, the consistent nights that I just -- I couldn't get out of. I couldn't get out of this constant, constant movie.
MS. COMEY: Let's read the next two texts, please. What did you write?
JANE: But of all places, you pick Turks. How can I not feel a way.
I say: When are we having a getaway, you've promised me this for years. All we do is hotel and it's sad. It's just not fair to me.
MS. COMEY: What were you referring to when you said you've promised me this for years?
JANE: I was referring to that these were one of the things that I so desperately wanted from Sean, that he knew that I wanted. And he would say that we would do these things, just trips, traveling, dinners, date nights, just the quality time.
MS. COMEY: Let's go to pages eight and nine, please.
Would you read the next texts you sent him?
JANE: I say: I didn't want to do all of that on my birthday. You knew how tired I was -- you knew how tired I was -- I was but I kept a good attitude about it. I come home to see you on a trip I've been dying for. To the only place I've been wanting to go back with you. I'm off it because it's just making me cry. It's been two years of waiting and I'm just frustrated and feeling used.
MS. COMEY: What were you referring to when you said you knew how tired I was?
MS. COMEY: And when you said the only place I've been wanting to go back with you, what were you talking about?
JANE: I just wanted to go back to where I fell in love with him. And that place was very special to me.
MS. COMEY: Where was that?
MS. COMEY: Do you need a break, Jane?
MS. COMEY: Can you read how Sean responded to you?
JANE: He goes: Let's not do anything anymore. Sorry. Tired of you throwing sex in my face. Wack. I can't handle you comparing yourself with another woman. That's why I lie in the first place. So let's just be friends.
MS. COMEY: What did you understand Sean was referring to when he said tired of you throwing sex in my face?
MS. COMEY: Let's take that down. Can you read the next thing you wrote, please. A. I said: This is the one time I'm comparing because it was my birthday. Not just any regular day that we have. I thought we would do something different, like a trip.
MS. COMEY: Can we read the text on the next page, please?
JANE: I said: So you're on this trip and breaking up with me. That's how you want to make me feel.
MS. COMEY: Can you read the bottom text, please?
MS. COMEY: Let's go to pages 10 and 11, please.
MS. COMEY: Can you read the top text, please?
JANE: I say: I don't throw sex in your face constantly. But the type of nights we have are nights that require everything out of me. For 30 to 40 hours straight. I figured on my birthday you would switch it up for me. And what you're doing right now is exactly the switch up I asked for. How are you treating me is so cold and you're really making me feel used right now and now you're breaking up with me. Is that really what you want. Be clear now so I can see things for what they really are and I can see you for who you really are.
MS. COMEY: What's the next text you sent?
JANE: I said I asked you for the truth so I wouldn't feel like this, and you lied because you knew it would be fucked up.
MS. COMEY: What did you write at the bottom?
MS. COMEY: Go to the next page.
MS. COMEY: Can you read the text you wrote on the next page, please?
JANE: I said: I feel terrible right now. I have been nothing but patient. No headaches, no stress, give you whatever you want, whenever you want it. I don't stress you about anyone or anything. I show up when you want and how you want it. You're the only man in my life and -- you're the only man in my life and I don't entertain anyone else. You gave me a tall story lie about being stressed and why you would not take a trip right now, and you still lied and you took someone else on a birthday trip to the destination I've been asking for for years. I've sat back for over two summers and holidays and countless trips and still gave you zero stress about it.
I say: Choosing to lie to me on my birthday feels like you tried to trick me. You could have just been honest and it wouldn't have been such a blow to me. Why am I the one who always seems to get the shorter end of everything and get less of an experience. But yet, I feel I'm asked to do the most. And now I'm seeing you on this trip and can't help but feel taken advantage of and taken for granted and lied to. This was the time for you to show me that love and all the things you promised me you would do and start doing and be more like. You said I'd start feeling everything more now and this is how you start it.
MS. COMEY: Let's go to pages 12 and 13, please.
MS. COMEY: How did Sean respond?
JANE: He says: Let's be friends because I can't take this part. For real. I'm done with you comparing yourself to someone else. I treat you good. And if you don't feel so, let's just be friends cause I'm tired of these long texts telling me what I'm doing wrong.
MS. COMEY: What did you write in response?
JANE: I said: How is treating me good telling me for years we're going to go on a trip, and ask me for patience all these years, then lie to me on my birthday and take someone elsewhere I wanted to go. How is that treating me good. Every woman in your life has enjoyed this with you but me. Why. I don't deserve that.
MS. COMEY: Let's go to the next page, please, and read the rest of the texts.
JANE: I said: Don't I give you everything you want. What am I doing wrong.
I feel like I do everything right by you and I still get lied to or I get treated less than. Why.
Have we just taken things too far and now you look down on me. You're breaking my heart by asking to be friends like I'm nothing to you.
MS. COMEY: Let's go to pages 14 and 15. A. I don't deserve this and you're going to miss me. Don't come looking for me. You're breaking my heart.
MS. COMEY: How did Sean respond?
MS. COMEY: What's the next text that Sean sent you?
JANE: He said: You just had a great dinner. Anything you asked me for, I've done. We'll miss each other.
MS. COMEY: When Sean wrote anything you asked me for I've done, in your experience, was that true?
MS. COMEY: Can we read the next two messages you sent, please?
JANE: I said: All I wanted to do was travel with you, spend more quality time together, go eat, make love, be closer, and do things outside of these rooms. But that's all you showed me over and over, what you wanted me for. I won't miss it because I'm more than that.
I asked you calmly and straight up in your face for the truth because I could feel you were lying. You could have just told me the truth and I would have taken it in stride. Instead, you put pressure on yourself to lie. It's you. You say you're in the era of truth, then embody it. And when people ask for it, give it. How you handled this was contradictory and cowardly. I'm off it.
MS. COMEY: How did Sean respond?
MS. COMEY: Now, can we look back at the text you just sent before that?
MS. COMEY: What's the date of that text?
MS. COMEY: And then what's the date of the next text that Sean sent you?
MS. COMEY: And then can we turn to the next page, please. Sixteen and 17.
MS. COMEY: Over the next couple weeks, what did Sean text you?
JANE: He says: Hello. Hello. Good morning. I miss you. What are you doing. Let me make it up to you. I don't deserve a chance. You're taking this too far now. Let me make it up to you.
MS. COMEY: Did you respond to any of these texts?
MS. COMEY: How long did you go without speaking to Sean after the argument over text we just saw on February 13th, 2023?
MS. COMEY: We can take this down.
MS. COMEY: Setting aside the texts, in your own memory, how long do you remember not talking to Sean after your birthday in 2023?
MS. COMEY: Your Honor, this is a good time for an afternoon break if that's all right.
THE COURT: All right. We will take a break and we'll come back in about 15 minutes. All rise for the jury.
(Continued on next page)
(In open court; jury not present)
THE COURT: Jane.
THE COURT: Do you feel comfortable going to -- we were planning to going to 5:00 p.m., but it's based on your comfort level and how much time you can spend here. So if you need to end a little earlier, I'm happy to do that.
Do you think can you go to 5:00, or do you want to end a little earlier?
THE COURT: Are you sure?
THE COURT: So if you feel like you can't do that, then all you have to do is let Ms. Comey know and she'll let me know and then we can end earlier. Okay?
THE COURT: So we will come get you in a few minutes.
Please be seated.
(Witness not present)
THE COURT: Anything that we need to pick up before we come back?
Ms. Slavik, anything on your side?
MS. SLAVIK: Yes, your Honor.
MR. AGNIFILO: I'm sorry.
THE COURT: Let's wait for a second. Yes.
MS. SLAVIK: Your Honor, I understand that counsel for Jane would like to address the Court related to a matter with respect to the pseudonym order.
THE COURT: Very good.
LINDSAY LEWIS: Good morning, your Honor -- or good afternoon, your Honor.
THE COURT: Good afternoon.
LINDSAY LEWIS: Lindsay Lewis, Dratel & Lewis, on behalf of Jane who is testifying.
THE COURT: Good afternoon. Can you speak into the microphone.
LINDSAY LEWIS: Yes, I can. Is this better?
THE COURT: Yes. Sorry. It's the length of the microphone is not at the appropriate length.
LINDSAY LEWIS: Thank you. I just wanted to bring to the Court's attention that there are media outlets, YouTube accounts, Instagram accounts, and others that are seeking to discover and/or to reveal Jane's identity.
These are active attempts and some are ongoing. And many of these accounts and outlets have many readers and followers, and so that is why I felt it was important to make this in a timely manner, this notice to the Court.
Where we've been able to identify the source and have contact information for the individuals, we believe, that are contravening the Court's directives. We have reached out to them. And we're also recording any live stream or documenting any posts or articles we come across for the purposes of future enforcement where we're not able to identify a sufficient means of contact. And we can provide to the Court the names of the outlets that we believe violate the Court's directives in camera if the Court would like. But we don't want to reveal who they are publicly because of the number of followers, and our concern that it would only bring more attention to these accounts which are seeking to reveal or attempt to reveal Jane's identity.
In that regard, you know, the Court is obviously aware that there is a pseudonym order in place, which protects Jane's privacy, most importantly her identity. That's the docket at 262. These posts and media outlets threaten her safety and privacy that led to the Court's pseudonym order.
So we would ask, in these very unique circumstances, for the Court to take further steps in its discretion to prevent and to stop these attempts to violate, what we believe, is the Court's pseudonym order, and certainly the Court's many directives that her identity should not be revealed publicly.
THE COURT: Do you have any evidence or information that the origin of these attempts to reveal Jane's identity are coming from people who have been in the courtroom or the overflow rooms and have seen Jane testifying, and on that basis have made these disclosures publicly?
LINDSAY LEWIS: So we have, wherever possible, tried to seek out information as to whether these people are in the courtroom or in the overflow room. So far, it does not appear that these individuals are in the courtroom or the overflow room. Which is significant, I believe, because if that had been something we had discovered, we would ask the Court to take the step of banning those people from the courtroom or courthouse.
But, at this point, that's not been our understanding. We continue to seek additional information, particularly where we don't know exactly where the individuals or who the individuals are behind the accounts to find out if they are in the courtroom, or more likely, the overflow room.
THE COURT: So with the information you have at least at this time is that members of the public who have been reading reports on what is happening in the courtroom have done their own investigation and have made attempts to discern Jane's identity. Is that fair?
LINDSAY LEWIS: Yes. Although I would add there was one instance where we believe someone was in the courtroom and did post -- or overflow room and did post online. But at this point, we don't know the identity of this person.
So either that we believe they were in the courtroom, or we have reason to believe that and we don't know their identity. Or we know their identity, and we can, to the best of our knowledge, confirm they have not been here or are not here today.
THE COURT: So I think you should make that in camera submission to the Court. We'll review it. If based on what you submit I feel that someone either in the courtroom or in the overflow rooms have violated the order I gave at the beginning of Jane's testimony, then that will be referred to the marshals service for further investigation.
As to members of the general public who have -- if there's chatter or discussion about Jane's identity, I don't believe that's within the scope of the pseudonym order. I think what you're asking me to do is to put in place a new order, that would be more along the lines of a gag order on the media. And that's a separate issue that was not encompassed in the prior pseudonym order. And I would have to consider that and have the parties' positions, as well as the positions of the media. And they would need to be heard before I put an order like that in place.
But if you make an application along those lines, I will certainly consider it and do so promptly given that these are the types of things that need to be handled expeditiously.
LINDSAY LEWIS: That's understood, your Honor. I do believe there were a couple of directives that the Court and admonishments the Court has made over the course of this trial that I believed also got at some of this, in terms of explicitly making clear that identifying information should not be posted. I believe that would be in line with the Court's pseudonym order.
For instance, her license, which, you know, was put here, not published. Were someone to publish that, I believe that would be -- it's my understanding and I would like the Court's clarification, if that would be a violation of the order.
THE COURT: Do you have your phone with you?
LINDSAY LEWIS: I do have my phone with me.
THE COURT: So why don't you send, you can send to the chambers address any information you have along these lines and we'll consider it. I can consider it during the break if you can send it to the Court. Otherwise, we'll consider it certainly today. And if there's any further action that's needed, we'll definitely take it.
LINDSAY LEWIS: Thank you.
THE COURT: All right. Thank you.
Anything further from the government? Not hearing anything.
MS. STEINER: No, your Honor.
THE COURT: That's okay.
Anything from the defense?
MR. AGNIFILO: No. Thank you.
THE COURT: Let's take our break.
MR. DONALDSON: Your Honor, how long? What time are we coming back?
THE COURT: I said 15 minutes. We'll come back at 3:30.
MR. DONALDSON: 3:30. Thank you.
(Recess)
THE COURT: Please be seated.
Let's bring Jane back.
(Jury present)
THE COURT: Please be seated.
Ms. Comey, you may proceed when ready.
MS. COMEY: Thank you, your Honor.
Ms. Gavin, would you please pull up just for the witness and the parties what's marked for identification as Government Exhibit E-331-ER.
Oh, forgive me. I should've said FR. My apologies. FR.
And could you please turn to the second page and please zoom in between created date and then approx.
MS. COMEY: Jane, do you recognize this?
MS. COMEY: What is it?
MS. COMEY: When did -- what is it dated?
MS. COMEY: And why did you write this?
JANE: I think these were just my thoughts that I wanted to say to Sean, but instead I'm writing them in my Notes to myself.
MS. COMEY: Does this reflect how you were feeling at the time you wrote this?
MS. COMEY: Your Honor, the government offers Government Exhibit E-331-FR in evidence.
THE COURT: E331FR will be admitted.
(Government Exhibit E-331-FR received in evidence)
MS. COMEY: Could we please publish that.
MS. COMEY: And Jane, would please just read what you wrote?
JANE: I said, you know what, babe? It's OK. I just accept the fact that you are a pathological liar. I try my best to make this a safe, nonjudgmental, loving space for us, but I still get lied to.
MS. COMEY: We can take that down. Thank you, Ms. Gavin.
Would you please now pull up just for the witness and the parties what's been marked for identification as Government Exhibit E-331-C and turn to pages 2 and 3 side by side.
MS. COMEY: Jane, do you recognize this?
MS. COMEY: What is it?
MS. COMEY: And what is the date of the first note?
MS. COMEY: And at the bottom of that page, on the left, what's the date of the second note?
MS. COMEY: Jane, when you wrote these, were you expressing how you were feeling at the time?
MS. COMEY: The government offers Government Exhibit E-331-CR in evidence.
THE COURT: E-331CR will be admitted.
(Government Exhibit E-331-CR received in evidence)
MS. COMEY: Can we please publish.
MS. COMEY: Now, Jane, we don't need to read this, but generally, is the text we're seeing here very similar to the texts that we read that you sent to Sean around the same time?
MS. COMEY: Why did you write these in your Notes if you also sent them in texts to Sean?
JANE: I wrote them in my Notes so that I could really get out what I was feeling uninterruptedly and just really get that energy out of me and write my feelings and my thoughts.
MS. COMEY: Which did you write first, the notes or the texts?
MS. COMEY: And then did you copy from the notes into the texts?
MS. COMEY: We can take this down. Thank you.
Ms. Gavin, would you please pull up what's been marked for identification as Government Exhibit E-331-HR and turn to the second page, please.
And can we pull up the third page next to it, please. The third page next to it. Thank you.
MS. COMEY: Jane, do you recognize this?
MS. COMEY: What is it?
MS. COMEY: When did you write this?
MS. COMEY: And when you wrote this, were you writing what you were feeling at the time?
MS. COMEY: Your Honor, the government offers exhibit E-331-HR in evidence.
THE COURT: E331HR will be admitted.
(Government Exhibit E-331-HR received in evidence)
MS. COMEY: Can you please zoom in on the top half of this second page, Ms. Gavin.
MS. COMEY: What's the date of this note, Jane?
MS. COMEY: Would you please just read the three blocks of text we see on this page?
JANE: Yes. I say: You lied straight to my face. You didn't care what I would see or how it would hurt me. All you wanted was another hotel night and use me before your trip, like you've been doing to me for two years. I've deprived myself of romance, love, travel, deep meaningful connections and sitting back patiently watching you do all the things I wish you would do for me. You lied because you wanted to use me for the night. You lied. I can't get this image of you lying in my face out of my head. You lied so you could use me for that night. You lied because you knew you had a whole vacation planned. You lied and said you had no time for me because you were stressed with work.
MS. COMEY: Jane, in the middle section of the text --
MS. COMEY: Can we go back to that, Ms. Gavin.
MS. COMEY: -- when you wrote I've deprived myself of romance, love, travel, deep meaningful connections, what were you talking about there?
JANE: Meaning that in the time I had spent with Sean, I was starting to feel a lot of regret that what I thought would be romance, travel, love, here I didn't receive that and I felt that I had wasted my time, wasted precious time that I didn't have to invest in this relationship, and it was just weighing down on me.
MS. COMEY: Can we pull up, Ms. Gavin, pages 3 and 4 side by side now, and can we zoom in, please, on the bottom part of page 3.
MS. COMEY: Can you just read that text for us, Jane?
JANE: I said: Then you use me up for yet another hotel night and get on your jet and go on an island vacation for five days to Turks, a place I've been begging you for. Anything outside of these hotels I'm a joke to you.
MS. COMEY: Can we go to the last page, and can you read what's at the top, please?
MS. COMEY: Can you read what's at the bottom, please?
JANE: I said: This is about you finally treating me like a human being, a lady, romanced, spending quality time, laughing, togetherness, not just someone you call on a Friday to use and leave me to go treat another woman with more integrity, being used every Friday to get high.
MS. COMEY: We can take this down. Thank you, Ms. Gavin.
MS. COMEY: Jane, before the break, you told us that you took a break from talking with Sean after this fight in February 2023, is that right?
MS. COMEY: During that break, did you respond to any of Sean's communications?
MS. COMEY: When you stopped responding to Sean's communications, how, if at all, did he try to reach out to you?
JANE: He would try to call me a lot. He would text me a lot. He would have other people try to message me or call me.
MS. COMEY: Who else called you or messaged you on Sean's behalf during that time?
MS. COMEY: And who is that?
MS. COMEY: Did you respond to those?
MS. COMEY: During this break you took from communicating with Sean, what, if any, trips did you take?
MS. COMEY: Why did you go to Paris?
MS. COMEY: How long had it been since you'd taken a trip just for yourself?
MS. COMEY: As you were getting ready to leave for Paris, what happened?
JANE: Somehow Sean found out that I was going to Paris and he started texting me, like, Paris, Paris, Paris, Paris, and he called my phone, like, 30 times in a row.
MS. COMEY: How long before your flight to Paris did Sean start texting you and calling you?
MS. COMEY: Did you respond to him?
MS. COMEY: How did that make you feel when Sean sent you those notes, those texts and called you?
MS. COMEY: Where did you go?
MS. COMEY: And then how long did you go to Paris for?
MS. COMEY: And then when you got back, what do you remember happening?
JANE: When I got back, I remember that's when Sean and I started opening communication again, and we were bickering, but he was adamant that we should see each other. And I missed him as well and I wanted to see him too.
MS. COMEY: Why did you miss him if you'd been so upset with him?
MS. COMEY: What did Sean say that convinced you to talk to him again?
MS. COMEY: What trip did he tell you he would figure out?
JANE: Like a re -- like a remake of -- not a remake. Like, he wanted to make up my birthday trip to me, and this would be like a birthday makeup trip.
MS. COMEY: Can we please pull up what's in evidence as Government Exhibit A-442-3 and go to pages 7 and 8 side by side.
MS. COMEY: So looking at the left side, if we can just look at the bottom two texts on the left --
MS. COMEY: If we can zoom in on those.
MS. COMEY: -- what's the date of these texts?
MS. COMEY: At this point have you started talking with Sean again?
MS. COMEY: And have you started planning this makeup birthday trip?
MS. COMEY: And where are you and Sean planning to go?
MS. COMEY: Can you read what you wrote?
JANE: I said: So I'm going to opt for the early morning Tuesday flight. I'll land Miami at 4:30 p.m., so it will give me all day tomorrow, Monday, to shop and be prepared. Tuesday you're busy with a few things until dinnertime anyways, right?
MS. COMEY: How did Sean respond?
MS. COMEY: What were you planning for here?
MS. COMEY: Before what?
MS. COMEY: Can we go to the next page, please, and zoom in on the messages.
MS. COMEY: What did Sean write to you?
JANE: He said: Plan a night of debauchery and fun, then straight to the airport, straight to the beach. What you think?
MS. COMEY: How did you respond?
MS. COMEY: What did you understand Sean was asking you when he said plan a night of debauchery?
MS. COMEY: And why did you respond I just want us?
MS. COMEY: How did Sean respond?
MS. COMEY: Can we turn now to page 9, please. Just pull up page 9.
And can you zoom in on the top text.
MS. COMEY: What did Sean say?
MS. COMEY: What did you understand Sean was telling you?
JANE: That we would just go to his residence instead, probably make love all night until we got to the jet.
MS. COMEY: And based on your conversations with Sean before this trip, what was your understanding about whether there would be any entertainers or hotel nights on this trip?
MS. COMEY: Did that turn out to be true?
MS. COMEY: Let's take this down.
MS. COMEY: After these communications, where did you go?
MS. COMEY: In what city?
MS. COMEY: And what happened at dinner in Miami?
MS. COMEY: Can you tell us about that? What were you bickering about with respect to Paris?
JANE: He was just showing just agitation about the fact that I just up and left and how his girl can't do that, just up and leave, and he was explaining his trip that he had taken with the girl to Turks and how -- I don't know. He just kept ruminating about Paris.
MS. COMEY: What kinds of things was he saying to you about Paris at this dinner?
JANE: Just like why would you leave, like why would you do that and how was Paris and just being mean about it.
MS. COMEY: Can you please pull up what's in evidence as Government Exhibit E-145.
MS. COMEY: Do you recognize this?
MS. COMEY: What is it?
MS. COMEY: From when?
JANE: At the dinner we had. This is the first time we've seen each other after our break, after my Paris trip, in Miami.
MS. COMEY: So this is that dinner in March of 2023?
MS. COMEY: What do you remember about when this picture was taken?
JANE: What do I remember about it? I really like this moment because I really missed him, and I felt like I had him all to myself and I could just feel that he missed me.
MS. COMEY: We can take this down. Thank you.
MS. COMEY: What do you remember happening after you bickered about Paris?
MS. COMEY: And what happened at the Mandarin Oriental?
JANE: We were just together, just us, and watching pornography. And then just like in the middle of my high, he says, do you want Don?
MS. COMEY: And how did you react to that?
MS. COMEY: Why did you say OK?
JANE: I don't know. I think I had just grown accustomed to the rhythm of things and I can tell that that would make him happy, so I did it.
MS. COMEY: Did Don end up coming over?
MS. COMEY: Did you have sex with him?
MS. COMEY: In front of Sean?
MS. COMEY: What happened the next day?
MS. COMEY: Who took the jet to Turks?
MS. COMEY: And how long did you end up staying in Turks?
MS. COMEY: Can we please pull up what's in evidence as Government Exhibit E-114 and E-126.
MS. COMEY: What are we seeing here?
MS. COMEY: This is from that Turks trip?
MS. COMEY: What do you remember about when you took these photos?
JANE: I remember on the photo to the left we had not slept yet. We had got to Turks. We made love all night. And on the right one, I remember we had just, like, woken up. I remember feeling like he was bored and I was feeling bad for him.
MS. COMEY: Can we pull up Government Exhibit E-127 in evidence, please.
MS. COMEY: What are we seeing here?
MS. COMEY: Where?
MS. COMEY: In Turks?
MS. COMEY: Who took the photo?
MS. COMEY: What do you remember from when you took the photo?
MS. COMEY: Now, these three photos we just looked at, at what point in the trip did you take them?
JANE: I believe this was the day after. I think this was, like, we finally fell asleep, and this is the next day, where we're awake and kind of just hanging out.
MS. COMEY: We can take this down. Thank you, Ms. Gavin.
MS. COMEY: What happened after that first day in Turks?
MS. COMEY: About when into your trip did Paul arrive in Turks?
MS. COMEY: And what happened when Paul arrived in Turks?
JANE: When Paul arrived in Turks, I remember our villa was right next to the hotel, and we basically met Paul at that hotel.
MS. COMEY: What do you remember happening at the hotel?
MS. COMEY: How long did that night last?
MS. COMEY: So about how many hours?
MS. COMEY: And were you having sex with Paul over that time?
MS. COMEY: And who was watching?
MS. COMEY: After that was done, what happened next?
JANE: After that was done, I was happy because we started walking back to our villa, and I remember it was nighttime, and --
MS. COMEY: Let me ask you, Jane, what were you happy about?
MS. COMEY: Meaning the sex with other men?
MS. COMEY: And then as you were walking back to your villa, who were you walking with?
MS. COMEY: And then what happened?
JANE: I had been down, and I was so excited that I just got to cuddle with him and he gets this, like, look, like, like he still wants more. And he's, like, saying, like, do you have more in you? And I'm like, I mean I guess. I don't know. I didn't really hesitate too much, but I wasn't, like, like, screaming for it. And I just remember he calls Paul and invites Paul to our villa.
MS. COMEY: What happened when Paul came over?
JANE: When Paul came over, we were in the downstairs room of this villa that was already pretty decorated. And before Paul came, I remember Sean giving me a really beautiful bracelet, and I was so happy. And I'm -- just meant a lot to me that he gave me this really sweet bracelet. It had two hearts on it.
MS. COMEY: What do you remember happening after Sean gave you the bracelet?
JANE: I remember I embraced him. I thanked him. I was super happy about it, and I felt really loved by him. And then Paul comes in. And Paul is really nice, but I just was tired.
MS. COMEY: And what happened when Paul came in?
JANE: When Paul came in, I was just -- I'm back in the outfit and we're just about to try and do another round, and I want to say this is probably like our fourth round or something. And I remember this night because it was just really painful, and me and Paul tried to have sex but, like, I really couldn't have sex.
MS. COMEY: Why couldn't you have sex?
MS. COMEY: How did you react when you tried to have sex with Paul when you were very sore at this point?
JANE: I just -- I don't really remember if I said anything, but I just remember Sean giving me more, like, lube and trying to lube me up a bit. And I just remember he said something that really upset me, like, something like, oh, you can't take any more dick or something like that. And it just pissed me off so bad, and I remember I took off my bracelet and I threw it against the wall. And I said you only brought me here to suck dick for you, and then I stormed out of the villa.
MS. COMEY: Now, Jane, stepping back, when you agreed to go to Turks, did you know that Paul would be there?
MS. COMEY: Did you know that Sean would want another one of these nights?
MS. COMEY: After you threw the bracelet and left, what happened next?
JANE: Sean was walking after me. I didn't even know where I was going. I was just walking around and crying. I just wanted to get away from the situation. And just walking in circles, walking around, and he's trying to -- come talk to me, come talk to me. And then finally, I just sat on some stairs of the villa, and I was just crying.
MS. COMEY: Did Sean come?
MS. COMEY: And did you have a conversation?
MS. COMEY: What do you remember about that conversation?
JANE: I remember him saying, like, are you crazy? Like, how can you make me look like that in front of Paul? And I couldn't even find, like, the words at that time to, to just straight up be like -- I don't even know. I just -- I felt like I was like choking my real things that I wanted to say. I feel like I just said a bunch of mumbo-jumbo, but I was trying to express how frustrated I felt and just, like, how this wasn't right, this didn't feel good and that, like, what is this? And how is this even happening right now? I was just so frustrated.
MS. COMEY: What do you remember happening next?
JANE: I remember Sean was just super disappointed. He said I owed Paul an apology and that I need to say sorry to Paul. And we slept in two different rooms that night. And I ended up messaging Paul and I said I was really sorry for how I acted and that I really appreciated him coming out to see me.
MS. COMEY: Why did you apologize to Paul?
MS. COMEY: Who told you that?
MS. GERAGOS: Objection.
THE COURT: That's overruled.
MS. COMEY: Did Sean apologize to you for the way he spoke to you?
MS. COMEY: Can we please pull up what's in evidence as Government Exhibit G-203 and turn to pages 73 and 74.
I'd like to start with the bottom two texts, please, and I don't want you to read the text on the right out loud. I'll read it, the first text, out loud.
MS. COMEY: At the beginning, does Paul say hi and then your true name?
MS. COMEY: And then does he say: I just wanted to let you guys know I'm heading to the airport in a few minutes?
MS. COMEY: What's the date of this message?
MS. COMEY: Do you know where you were on March 19, 2023?
MS. COMEY: How did you respond?
MS. COMEY: When you wrote, hey, P, what were you saying?
MS. COMEY: And when you asked, have you texted him and does he know, who are you referring to?
MS. COMEY: Can we see the next messages, please.
MS. COMEY: How did Paul respond?
MS. COMEY: And how did you respond?
MS. COMEY: Can we read the next text, please?
MS. COMEY: Can we go to page 75, please. Just page 75.
MS. COMEY: And what does Paul say?
MS. COMEY: And then what do you say?
JANE: I said: Thanks again for coming over last night. It had been 24 hours with no breaks for me and at first I was going with the flow for the second linkup, but I had warned him that I just felt overwhelmed to overperform for a moment I've never done before. I'm not a robot, just a mix of tired, hungry, sleepy, sore.
MS. COMEY: What were you referring to when you said it had been 24 hours with no breaks?
JANE: I was just referring to being this, being in this room with him and nonstop performing, sex.
MS. COMEY: Can we go --
MS. COMEY: I'm sorry, Jane.
MS. COMEY: Can we go to pages 80 and 81, please.
MS. COMEY: And Jane, is this a continuation of your conversation with Paul?
MS. COMEY: What did you say here in this text?
MS. COMEY: Who is the "he" in that sentence?
MS. COMEY: And how did Paul respond?
MS. COMEY: And what did you say next?
JANE: I said: Turks was supposed to be us reconnecting again. We didn't speak for one and a half months because of how he handled me on my birthday. This is our first time seeing each other, and I did not want to be with anyone else but him.
MS. COMEY: Turn to the next page, please.
MS. COMEY: And go to the next text.
MS. COMEY: What did you say?
JANE: I said: But those are things he wanted, and yes, I agreed because I know it makes him happy and I like when he is happy.
MS. COMEY: And what did you say in the next text?
JANE: I said: But he just overdoes it sometimes. I said: It's been two years back to back on this, I just want some time alone to reconnect and as soon as we do, half the trip has been dedicated to just that.
MS. COMEY: Jane, if you had known that Paul would be on the Turks trip, would you have gone?
MS. COMEY: We can take this down. Thank you.
MS. COMEY: After Paul left, how much longer did that trip to Turks last?
MS. COMEY: What do you remember from that day or two?
JANE: I just remember we slept a lot. We just -- we finally joined each other in one room and we just slept.
MS. COMEY: Where did you and Sean go from Turks?
MS. COMEY: I'd like to pull up what's in evidence as Government Exhibit E-112, please.
MS. COMEY: Do you recognize this?
MS. COMEY: What is it?
MS. COMEY: Who took this picture?
MS. COMEY: When did you take it?
MS. COMEY: We can take this down. Thank you.
MS. COMEY: What do you remember happening in Miami after the Turks trip?
JANE: I remember Miami. We were just resting for a couple days, and then somehow Kabrale is -- is coming, I think. It was because I was trying to make it up to Sean about ruining Turks.
MS. COMEY: What were you trying to make up to Sean?
JANE: I was just trying to make it up to him that I made a scene and I felt bad, so I wanted to make it up to him with inviting Kabrale.
MS. COMEY: Why did you feel bad about that?
MS. COMEY: After you got back to Miami and before Kabrale came, what, if anything, had Sean said to you about Turks and what had happened with Paul?
JANE: I just remember faces, just like -- I just remember, like, I knew he was upset or disappointed and that I just needed to make this up. And -- and so -- I don't really remember the words that -- I knew I just wanted to make this up to my partner.
MS. COMEY: Let's pull up what's in evidence as Government Exhibit F-101, please. And can we please go to page 249. And can we please zoom in on the bottom text.
MS. COMEY: What's the date of this?
MS. COMEY: What do you write to Kabrale on March 16, 2023?
JANE: I said: Hey, how are you? Hope all is well. Sorry I haven't been in touch. Just been busy with life. I was wondering, I had some time off this Friday through Saturday, would you be available to come to Turks, by any chance? You would need a passport and I think a vaccination card. Let me know what you think.
MS. COMEY: Why did you send this to Kabrale on March 16, 2023, before the Turks trip?
JANE: I can't recall. Maybe because I wanted to also have Paul -- I mean Kabrale there, or we were -- oh. Maybe -- I don't know. There's some sort of invitation for Kabrale. I don't know.
MS. COMEY: Can we go to the next page, please. Can we pull up 256 -- excuse me.
MS. COMEY: What did Kabrale respond at the top?
JANE: He said: What's up, lovely? You're good. Yes, I will be available. I definitely have my passport. I don't have a vaccination card, though.
MS. COMEY: So did Kabrale end up traveling to see you then?
MS. COMEY: And as you sit here today, can you remember why you sent this text to Kabrale?
MS. COMEY: Make what up to Sean?
MS. COMEY: We can take this down. And let's go to 256 and 257, please.
MS. COMEY: Can you read the text at the bottom, on the left?
JANE: I said: Hey, how are you? Would you happen to be available tonight for this 10:59 p.m. flight to Miami, by any chance?
MS. COMEY: And can you read the text on the other side, please?
MS. COMEY: And how did you respond?
MS. COMEY: Can we go to 258 and 259.
MS. COMEY: And what did you say?
JANE: I said: OK. I'm organizing it now. It should take about an hour to get this flight. There's only one left. Hope I can get it in time.
MS. COMEY: Who were you with when you were booking Kabrale's flight?
MS. COMEY: Where was Kabrale coming from?
MS. COMEY: Where was he coming to?
MS. COMEY: And did Kabrale end up coming to Miami?
MS. COMEY: And what ended up happening?
MS. COMEY: Can we go to page 266, please. And can you zoom in on the middle text, please.
MS. COMEY: What did you write to Kabrale here?
JANE: I said: Tonight was amazing. Thank you for always bringing that good energy. I can't find my gold bracelet. If you remember where I put it, let me know. Thank you so much.
MS. COMEY: Why were you texting Kabrale tonight was amazing, thank you for always bringing that good energy?
JANE: I felt like every time I saw Kabrale or the ones that I actually spoke to, I just wanted to leave them feeling good and happy and not, like, used or anything for whatever. I just wanted them to feel like human beings.
MS. COMEY: Why did you care how they felt?
MS. COMEY: We can take this down.
MS. COMEY: After the Turks trip and the Miami trip, what, if any, agreement did you and Sean make?
JANE: Oh, it was in this hotel night, I remember that this was when Sean proposed this, quote, love contract between him and I.
MS. COMEY: And what was that?
JANE: It was him asking me what I wanted for an allowance every month, just moving forward, that that's what he was going to do for me.
MS. COMEY: And you had this conversation in March of 2023, approximately?
(Continued on next page)
BY MS. COMEY:
MS. COMEY: And what did you say in response when Sean mentioned an allowance?
MS. COMEY: Did you come to an agreement?
MS. COMEY: And then what ended up happening after the Turks trip with respect to that agreement?
JANE: After this trip, I started looking for new places. And I moved into a new home and just used that budget for the entirety of the rent. I really wanted something big and spacious for my child and I to enjoy and feel like there was some sort of balance in our relationship and some place I can go home to and feel good in.
MS. COMEY: What do you mean when you say some sort of balance in your relationship?
JANE: Where I felt like -- I felt like I had been giving him all my love in the ways that I could give him. And for once, I felt like this was him giving me something where I felt that love in return.
MS. COMEY: At the time that you entered into this agreement with Sean, what was your understanding of what you had to do as part of this agreement?
JANE: In that moment, I remember that we had said for two years. And in my mind, I thought, okay, I can get a break from everything and just enjoy for two years without having this pressure of having to perform these nights.
MS. COMEY: Why did you and Sean agree on two years?
JANE: I told him that I wanted two years and not one year because I wanted him to match the time that I had spent in this relationship, two years at that time.
MS. COMEY: So in March of 2023, had you been in a relationship with Sean for a bit over two years?
MS. COMEY: So when did you move into the house where Sean was paying the rent?
MS. COMEY: And how long did you stay there?
MS. COMEY: And who paid the rent that entire time?
MS. COMEY: Who is paying your rent now?
MS. COMEY: After the Turks trip, what else, if anything, did Sean pay for for you?
MS. COMEY: What do you mean?
MS. COMEY: Why?
MS. COMEY: Who didn't like your teeth?
MS. COMEY: And so what did he suggest you do?
MS. COMEY: How did you make an appointment with this dentist?
MS. COMEY: I'm sorry. Who made the appointment?
MS. COMEY: And then did you get the veneers?
MS. COMEY: After you moved into your home in April of 2023, what if any money did Sean give you to pay for furniture for the house?
MS. COMEY: And after that, did you ask him for more money for furniture?
MS. COMEY: Why is that?
MS. COMEY: What did you end up doing to furnish the house?
MS. COMEY: And did you end up going into debt?
MS. COMEY: Between April and August of 2023, about how often did you see Sean?
MS. COMEY: And each time you saw him, what happened?
MS. COMEY: In a hotel night?
MS. COMEY: I'd like to pull up what's in evidence as Government Exhibit A-442-29, please.
And can we go to pages 12 and 13 side by side, please.
Can you zoom in on the bottom two pages, please.
MS. COMEY: What did Sean write to you here?
MS. COMEY: How did you respond?
MS. COMEY: And then let's go to the next page, please.
MS. COMEY: And can you read the top two texts, please?
MS. COMEY: And how did he respond?
MS. COMEY: What's your understanding of why he was responding: Wow, for real?
JANE: Because instead of me being like yeah, like, let's get freaky and do debauchery, I kind of had this like tone of like of course, I just haven't seen you, like I miss and I want you.
MS. COMEY: Can we read the bottom text that Sean sent, please?
MS. COMEY: Yeah. What did he write you?
JANE: He says: Well, get over it please. Look at the roof over your head. And that pretty smile. I don't want to do anything if that's still an issue. Let it go. Love you.
MS. COMEY: What's the date of this text?
MS. COMEY: What did you understand Sean was saying to you when he said look at the roof over your head and that pretty smile?
MS. COMEY: And what did you understand he was referring to when he said: I don't want to do anything if that's still an issue?
MS. GERAGOS: Objection.
THE COURT: That's sustained.
MS. COMEY: We can take this down. Thank you.
Let's go to Government Exhibit A-442-34. And can we pick up pages two and three, please.
And can we zoom in on the bottom two texts on the left-hand side.
MS. COMEY: What's the date of these texts?
MS. COMEY: What did Sean text you on that date?
MS. COMEY: How did you respond on the next page?
MS. COMEY: And how did Sean respond?
MS. COMEY: And then what's the next text Sean sent?
MS. COMEY: What did you understand he meant?
MS. COMEY: Can we jump to pages nine and ten, please.
MS. COMEY: Can you read the top two texts, please?
Is this a continuation of that same conversation?
MS. COMEY: What did you text?
MS. COMEY: And what did he say in response?
MS. COMEY: What did you understand Sean was referring to when he said: You've been hyping me up for weeks about the 18th?
JANE: I remember previous to these messages when we were together I was really high and I promised him something called like an all star party.
MS. COMEY: What's an all star party?
JANE: An all star party in this fantasy talk just coming out of my mouth. I was just saying that I would invite like the top three or top four guys and bring them all in one night.
MS. COMEY: Why did you say that?
JANE: Because I was high. I was with my lover. I wanted to play into what he likes to hear. I like making him feel excited. I was just riling him up and it made him smile.
MS. COMEY: Let's just go -- oh, can you please go ahead and read the next text.
What did you say?
MS. COMEY: Why did you write that?
MS. COMEY: Can we read the next text you sent him, please?
JANE: I said: I love you. I got this. I hadn't heard from you. I wasn't sure if you were busy.
And I say: But I'm just on a little time thing this time. I just have to leave Saturday at least midday and get rest. I have to be awake Sunday at 8:00 a.m.
MS. COMEY: And then what's the next text you sent?
JANE: I said: The last time we hung out I got a little sick. I think I just stayed up a little too long.
MS. COMEY: What were you referring to when you said the last time we hung out I got a little sick?
JANE: I was referring to the last hotel night, and I'm just trying to express that I'm really not feeling well.
MS. COMEY: Let's jump to pages 11 and 12.
MS. COMEY: How did Sean respond?
MS. COMEY: And what did you do?
MS. COMEY: And then what's the next text you sent?
MS. COMEY: And then what did you send next?
JANE: I said: Hotel, question mark. Should I message the boys or K.K. I can maybe have house available but I need help. The curtains don't come in till next week.
MS. COMEY: Why did you say should I message the boys or K.K.?
JANE: Because I was planning to maybe do this at the new house, but I don't think it was ready yet. And I'm asking if I should just text the assistants to set up a hotel instead.
MS. COMEY: How did Sean respond?
MS. COMEY: Let's look at the next message. A. I said: Checking now baby.
MS. COMEY: Can we jump to pages 13 and 14, please.
MS. COMEY: What did Sean say next?
MS. COMEY: I'm sorry. Can we re-zoom on that. Zoom out and zoom and back in.
MS. COMEY: Okay. Go ahead.
JANE: He says: Baby, I'm not going to lie, you amped me up so hard for the 18th. I'm trying not to feel the way you did -- you did. You notice a hurricane coming here tomorrow. We have planned for tomorrow. Feel a way, he says.
MS. COMEY: What did you understand Sean was referring to when he mentioned a hurricane?
JANE: At that time, there was a hurricane coming into Los Angeles supposedly and we were just talking about this hurricane that was going to be a lot of rain the next day.
MS. COMEY: What did you say next?
JANE: I said: No, you're right, baby. And, yes, the hurricane made me feel a way to be honest.
Bless you.
MS. COMEY: Can we read the next messages you sent?
JANE: I said: Sorry I didn't have things planned properly. I feel like we doing the most with this hurricane coming to be honest.
MS. COMEY: What's the next message?
MS. COMEY: Let's go to pages 15 and 16, please.
MS. COMEY: What did you say?
MS. COMEY: And then how did Sean respond?
JANE: He says: Text me the truth. Wrong -- something wrong with your pussy. Are you tired. Are you sick. Because this is super weird for you. This may be something I would do, but you don't move like this unless it's another problem that you don't want to tell me about. Is your face broken out. Do you feel under the weather. I just need to hit a true because I'm hearing bullshit. I'm getting offended by it and it's not even about the fucking freak-off. It's just that I don't feel like I'm getting the uncut truth.
And then he says: Hope you're having a great day baby. Just wanted to remind you because you asked me to lol. I put the extra 15 on credit for some of the items in the house. Now you said you wanted to finish house up by this week. I said another 10 would do it. You also said you wanted to design what goes into your and our personal extra bedroom. So let me know your ideas and I can create a mood board with in-stock items that fit the vibe.
MS. COMEY: How far apart did Sean --
MS. COMEY: Can we zoom back into those, please. How.
MS. COMEY: Far apart did Sean send you those two texts?
MS. COMEY: And what was the first text about? Or what did you understand he was saying to you in the first text?
JANE: I understood that he was feeling some sort of hesitation from me regarding this all star party or regarding just the night being set up. And he's trying to get down to the bottom of whatever it is that I'm texting or feeling.
MS. COMEY: And what did you understand the second text was about?
JANE: This text is him copying and pasting my text to him previously saying that I needed extra money for furniture.
MS. COMEY: So who had originally sent the text we see in the bottom?
MS. COMEY: And was Sean copying your prior text and sending it back to you?
MS. COMEY: When you had sent him this text, what had you been asking him about?
JANE: I had been asking him to help me with more furniture for the house. This here -- because I could start feeling like he wanted to start doing things in the house and I needed more money to create, like, just comfort in the house. It was really sparse.
MS. COMEY: What do you mean when you say you could feel that he wanted to do things in the house?
JANE: I could feel that he started asking if the house was available, things like that. Which I knew meant he wanted to start transferring these nights to the new house.
MS. COMEY: Can we go to the next page, please. And would you zoom in on the top two.
MS. COMEY: What did Sean text and how do you respond?
JANE: He writes a bunch of question marks.
And I say: I have every intention on making this happen. You're right. I never want to disappoint you. But I feel I'm neglecting signals from my body that it needs a break from drugs and the no sleeping. I feel like my body hit a wall the other time. Maybe that's what you feel is not -- it is me not trying to admit that it's taking a toll on me differently this time.
MS. COMEY: What were you referring to when you said I feel like my body hit a wall the other time?
JANE: I was referring to the previous hotel night before and how my body was just reacting differently, like I knew that I couldn't take anymore, that I -- here, I can feel myself anxious. I know I'm anxious because I don't want to take anymore drugs. I don't want to party. I don't want to do anything.
MS. COMEY: Can we read the next message, please?
JANE: He says: Okay. So don't take drugs. Drink champagne. We don't have to do today. But you should switch in the future. You don't --
MS. COMEY: Stop reading.
MS. COMEY: In the next sentence does he say: You don't need it, drunk, and a nickname of you is actually more of a freak?
MS. COMEY: And then can you continue reading?
JANE: Lol, but I feel you. Let's make a decision either way. Love you no matter what. Thank you for explaining. It makes sense. Love you.
MS. COMEY: What was the date of that text?
MS. COMEY: Let's jump now to pages 24 and 25, please.
MS. COMEY: And is this still the same date?
MS. COMEY: Is this a continuation of the same conversation?
MS. COMEY: What does Sean text you at the top of this page?
MS. COMEY: And how do you respond?
MS. COMEY: Who's Rico?
JANE: I believe that's the man who was -- the man I said his name was Michael, but I think maybe we had called him Rico.
Or, actually, I think this was maybe a role play that we were doing and he was Rico. I'm not exactly sure.
MS. COMEY: Now, can you remember as you sit here today whether Rico was a role play or an entertainer, or no?
MS. COMEY: That's okay.
MS. COMEY: Take it down.
MS. COMEY: And can you read the next text, please?
MS. COMEY: And what are you all talking about here?
MS. COMEY: For what?
MS. COMEY: And is this within about an hour of you talking about how you feel like your body is sending you signals to stop?
MS. COMEY: Take that down.
MS. COMEY: Can you read what's on the next page, please?
MS. COMEY: And then what did Sean say?
MS. COMEY: And then can we go just to page 26, please.
MS. COMEY: What did Sean say?
MS. COMEY: And how did you respond?
JANE: I said: Yeah. So it's still an all star party as I promised you. I'm just trying to wrap my head around it all, lol.
MS. COMEY: Why did you write I'm just trying to wrap my head around it all?
JANE: Because these men are a lot of energy and they're really big and I just knew that I had to just put a lot of energy into this night, both physically and mentally. And I was just trying to wrap my head around entertaining these men.
MS. COMEY: Let's take that down.
MS. COMEY: How did Sean respond?
MS. COMEY: What did you understand him to mean when he said we can just do one?
JANE: I understood him to mean that it doesn't have to be all of them. It can just be one person.
MS. COMEY: One person for what?
MS. COMEY: Let's go to pages 34 and 35, please, side by side.
MS. COMEY: What are you texting Sean here?
JANE: I'm saying: Baby, let's start with I was super hot on everything when I said what I said. Not that I don't want this and plan on doing this. But last weekend I hit a wall. You were asleep and I felt feverish.
MS. COMEY: What date did you send this?
MS. COMEY: And is that a couple hours after the texts we looked at earlier?
MS. COMEY: Is this a continuation of the same conversation?
MS. COMEY: What's the next thing you sent?
MS. COMEY: Can we read the next text, please?
JANE: I said: I'm not trying to keep you in that pocket. I'm still going to be committed to making this happen.
MS. COMEY: Let's go to the next page, please.
MS. COMEY: And then what do you send in the next text?
JANE: I send him a photo of a pink -- a pink toilet paper where I knew that the pink was eventually going to be more red and my period coming down.
MS. COMEY: Why did you send Sean a picture of the beginning of your period?
JANE: Because I needed to prove to him that my hesitation was real and I needed to be excused for the night and just hope that he's not mad at me.
MS. COMEY: You can take that down.
MS. COMEY: And read the next text, please?
MS. COMEY: Can we turn to pages 36 and 37, please.
MS. COMEY: Can you read what you wrote?
JANE: I said: I wasn't supposed to start until tomorrow. I'm sorry and everything is the truth. I still want to -- I still -- I was still trying to make it all happen despite everything.
MS. COMEY: What's the next text?
MS. COMEY: And can we go to the next page.
MS. COMEY: What did you send?
JANE: I said: Telling the whole truth step by step, as crazy and all over the place as it sounds.
MS. COMEY: And how did Sean respond?
MS. COMEY: Can we go to page 39, please.
MS. COMEY: Is this a continuation of the same conversation?
MS. COMEY: Can you read the top two messages, please?
JANE: He says: You wasn't high. You have been talking to me about this for weeks. Even when we wasn't high. Enjoy your weekend.
MS. COMEY: How do you respond?
JANE: I said: You're right. I wasn't just high. I was doing what I had to do to get ready for the party. I'm sorry for the switch up. I'm only human. I'm tired. Have a great -- have a good weekend too.
MS. COMEY: What were you talking about here?
JANE: I was saying -- we were talking about how I had made this promise to him and he doesn't like it when I said I just was saying that because I was high and I was trying to show him that I was like doing what I had to do to get ready for something like this and that I was sorry for switching the plans.
MS. COMEY: What did Sean write in response?
JANE: He says: This whole shit is too weird for me and it doesn't feel true. You have had your period so many times before. And I gave you a solution. Champagne. I even said we can have a curfew, 8:00 p.m. I'm too stressed to get pressed for money this week. For today now you acting weird as fuck. I've tried to talk to you about it all day. Shit is too weird for me to accept. Now I'm in my head and I'm mad as fuck. I've had another stressful week. And this is wack. Don't stress me about money ever fucking again. You're playing with me. I don't believe this fake ass shit. You're getting your hair done. You're working out. Now you're tired. And getting your hair done for no reason. I don't believe you. And you're playing with me. I'm going to fall back. Love. You not being completely honest with me and that's a no no. Deal breaker for me. It's not adding up. You ain't even suggest a movie night or even coming to see me. Fucking weird. I'm done.
MS. COMEY: You can take that down and I would like to jump ahead to pages 81 and 82, please.
MS. COMEY: What's the date of these texts?
MS. COMEY: What's the date first?
MS. COMEY: And this is a few hours after the text we were just looking at?
MS. COMEY: Is this a continuation of the same conversation?
MS. COMEY: What did you write?
MS. COMEY: What did you say next?
JANE: I said: Sorry about today my love. I'll be home. So maybe if you want to stop by after the girls game I'll be here. Love you.
MS. COMEY: Go to the next page.
MS. COMEY: What did Sean write?
MS. COMEY: What did you understand Sean was mad about in this conversation?
JANE: I understood that he was mad that I was hesitant about making this all star party happen and he felt that something was going on and he was just mad that I just wasn't available or that I was hesitating.
MS. COMEY: What's the next text he sent?
MS. COMEY: Let's go to pages 18 -- excuse me. 83 and 84, please.
MS. COMEY: What did Sean write at the top of this page?
JANE: He goes: Fuck you and games. I had a rough week. Fuck you for real. Leave me the fuck alone.
MS. COMEY: What did you write in response?
JANE: I sent him a picture of my bloody tampon. And I said: I wasn't playing any games. I said I was still making it happen last night. Even when I admitted just didn't want to do drugs. We said champagne. I canceled all plans and got child care. Then the last thing I said is you pick and then everything went left.
MS. COMEY: Why did you send Sean a picture of your bloody tampon?
MS. COMEY: Can you read the next text that you wrote?
JANE: I said: You ask me what was wrong. I admitted I finally was not feeling good and said I just got my period. I politely just asked if I could sit this one out. Movie night was not on my mind because my first day period does not feel good to me. I had a week of coming down and pushing through to the gym and handling first school week. I still have not caught up on last week's rest.
MS. COMEY: Let's leave this up for a minute.
What were you referring to when you said movie night was not on my mind?
JANE: Between Sean and I, we would have these things called movie nights, where we would not have an entertainer and we would just watch pornography or we would watch one of our older tapes or newer tapes and we would just role play and fantasize. And that's what we called movie night.
MS. COMEY: What were you referring to when you said I had a week of coming down and pushing through?
JANE: I was referring to the effects of drugs, the aftermath of drugs. And how although it can make you feel extremely euphoric in the moment, the comedown is quite the opposite effect. And it's very depressing and really makes your mind warped and makes you feel like things are just off and weird. And I am really aware of those feelings and I would try to fight through them by working out, staying hydrated, just, just go for walks and just trying to be in good spirits.
MS. COMEY: We can take this down and go to the next message, please.
MS. COMEY: What did you write?
JANE: I wrote: I reread all of our texts from the switch up to not feeling good, to the accusations of me lying and playing you for money and everything was fuck me. All because I ended up not feeling good and asking if I can postpone. You have flaked and disappeared so many countless times on me. I've nonstop given you these nights for two and a half years, and this is the first time I just hit a wall and was honest and asking for space to go feel better. Now I'm waking up to more fuck me. I'm not a liar, a cheater, a user, or a sex robot. I'm just as hurt and upset and we need to have a serious talk about everything.
MS. COMEY: Take that down, please.
MS. COMEY: How long after you sent that text on August 19th, 2023, did Sean respond?
MS. COMEY: And what did he write three days later?
MS. COMEY: Can we please go down to Government Exhibit A-442-35, which is in evidence. And pull up pages two and three.
MS. COMEY: What's the date of these texts?
MS. COMEY: What did Sean write?
MS. COMEY: And then down at the bottom two, what do the bottom two say?
MS. COMEY: And then let's go to the other page. Can you read what you wrote on the other page?
MS. COMEY: And then what did you write?
JANE: I said: Not going to lie, calling me a bitch, a liar, accusing me of playing you for money, a cheater, calling me wack, bringing up my child's father and telling me fuck me over and over is not sitting right with me. You don't disrespect your children's mothers like that. Why would you ever think it's cool to speak to me like that.
MS. COMEY: What were you referring to here?
JANE: I was referring to our fight where I wasn't available for this quote all star party and how he treated me and how he received me from that.
MS. COMEY: Can we take this down and look at the next text please at the bottom.
MS. COMEY: What did you write?
JANE: I said: You don't know what it's like to be a woman. Our hormones interfere with our day to day daily, and you don't give me enough credit or respect for being calm, cool, patient, and constantly respectful of you your life and your space. Why do I have to be so insulted and disrespected by you, all because you didn't have your way one time.
MS. COMEY: Can we jump now to pages eight and nine of this exhibit.
What did Sean -- well, first of all, can we zoom in on the bottom two texts, please.
MS. COMEY: Is this a few days later?
MS. COMEY: What did Sean text you?
JANE: He said: What's really going on with you. Like for real, question mark, question mark, exclamation point.
MS. COMEY: And what did you say on the next page?
JANE: I said: You basically told me to take a fucking Adderall, called me a bitch, a liar and fake because you couldn't bust a nut. Then turns out my body was really shutting down on me in real life.
MS. COMEY: What were you referring to here?
JANE: I was referring to an argument we had on the phone and he said why don't you take a fucking Adderall, called me a bitch, called me a liar, and was just super mean to me because I didn't give him what he wanted.
MS. COMEY: And then what did you mean when you wrote then turns out my body was really shutting down on me in real life?
JANE: I meant that I knew there was something going on with me. I knew that I wasn't feeling well. Not only from coming down, but I got my period.
MS. COMEY: You can take that down, please.
MS. COMEY: And let's read the next two texts. What did Sean write in response?
MS. COMEY: How did you respond?
MS. COMEY: Let's go now to pages 10 and 11 please.
MS. COMEY: What is at the top right there?
MS. COMEY: To who?
MS. COMEY: Ms. Gavin, can we please play what's in evidence as Government Exhibit 442-35-A.
(Audio played)
MS. COMEY: What did you understand Sean was referring to when he told you, you needed to get on your job?
JANE: I understood that -- I understood that he had certain expectations of me and that I had to fulfill them.
MS. COMEY: What was your understanding of those expectations?
MS. COMEY: What did that include?
MS. COMEY: And what did you understand Sean meant when he said he had been on my job -- on his job?
MS. COMEY: And what did you understand Sean was communicating to you when he said he was going to disappear on you and you would have a rude awakening?
JANE: I understood that, in that moment, I felt that I took that as a -- I was pretty alarmed by this message.
I -- it was just really cold and like -- it's true that at any moment he can just do that if he wanted to.
MS. COMEY: He can just do what?
MS. COMEY: What did Sean write after sending you that audio message?
MS. COMEY: Then going to the next page, what did you write in response?
JANE: I said: I've been on my job for two and a half years. You just got on your job. I'm not the one to threaten. We can call this even and move on.
MS. COMEY: Take that down.
MS. COMEY: And what did Sean say in response?
MS. COMEY: Can we please go to pages 13 and 14.
MS. COMEY: What did you write?
JANE: I wrote: You've been making things feel completely transactional lately and it's disheartening.
MS. COMEY: Then what did you write?
JANE: I said: You've been threatening me any chance you get. It's been a rude awakening and making me realize how you really view me. Nobody that really cares about you calls you a liar when you're sick, then comes home to send a threatening voice note over your livelihood. This shit is sick.
MS. COMEY: What were you referring to when you said you've been threatening me any chance you get?
JANE: I felt that at any given opportunity Sean was just hovering the house over my head, like just really always brought it up in so many ways that he was paying for it and it just always felt like -- like he wanted me to know that he was doing this for me all the time. And it felt like there was like this -- I don't know. Like this kind of guilt tripping kind of feeling.
MS. COMEY: We can take this down.
MS. COMEY: And can we read the next text you wrote, please.
JANE: I said: We can figure out some time to talk like adults. I just never thought when it was my time to fall sick this is how you -- I would be treated. Especially after all the times I've been there for you.
MS. COMEY: What were you referring to when you said: Especially after all the times I have been there for you?
MS. COMEY: What did Sean send you in response?
MS. COMEY: Ms. Gavin, can we please play what's in evidence as Government Exhibit A-442-35B.
(Audio played)
MS. COMEY: Let's go now to pages 15 and 16, please.
MS. COMEY: What did you write in response?
JANE: I said: How can I move on when you haven't even offered me a sincere apology for calling me a bitch and a liar because I was sick. You went from threatening me this morning to saying let's move on in the afternoon. It's not okay.
MS. COMEY: What did Sean say in response?
MS. COMEY: And what did you say?
JANE: I said: A promise of what, disappearing on me. Please be clear. You have been a rollercoaster of confusion.
MS. COMEY: What's the next text you sent?
JANE: I said: You know what, you don't see where you're wrong at and you don't want to apologize for the hurtful things you said. It's cool. I'm sick and healing. I can't give any love right now. If anything, I need the love. I've realized a lot. I just want to be left alone and heal up.
MS. COMEY: Can we please pull up pages 17 and 18.
MS. COMEY: What did you write next?
MS. COMEY: Well, first, what did you send?
JANE: I sent him a screenshot of something that he had sent, a flower arrangement that he sent another woman and the note attached to the flower arrangement.
MS. COMEY: Why did you send that to him?
JANE: Because as I see the note, I could see how sweet and loving the note was. And it just made me feel jealous.
MS. COMEY: Can you just read the first sentence of the text you sent after sending the card?
MS. COMEY: What were you referring to?
JANE: I was referring to around this time I had a root canal and he sent me some flowers. And my card was just very dry. Like love or something like that.
MS. COMEY: Can we go to the next page, please.
MS. COMEY: Or how did Sean respond rather?
MS. COMEY: And then can we go to the next page, please?
MS. COMEY: And then what's the next thing you texted three days later?
MS. COMEY: What happened in between?
JANE: In between that time we're on FaceTime, we're back in good spirits. He's telling me he loves me. He wants to see me. And we're just back in our routine.
MS. COMEY: After that did he stop bringing up your rent in a way that felt threatening to you?
MS. COMEY: Did he do it again once or more than once after that?
MS. COMEY: Your Honor, I think this is a good place to break for the day.
THE COURT: Very good.
Thank you, members of the jury, and thank you for all your hard work this week. Especially staying late today. I really appreciate it, and I know the parties appreciate it as well. Same instructions I always give you, but we are hitting a weekend. So please don't speak to each other about the case. Do not speak to anyone else about the case. Do not do any research online or look up anything about the case. And since it is a weekend, please avoid any coverage or any stories or news about the case.
With that, have a great weekend. We'll see you here to get started at 9:00 a.m. on Monday. All rise.
(Continued on next page)
(In open court; jury not present)
THE COURT: Please be seated.
And, Jane, see you here back on Monday.
THE COURT: Have a great weekend.
(Witness not present)
THE COURT: All right. Anything for us to address before we adjourn?
MS. COMEY: Not from the government, your Honor.
MR. AGNIFILO: Your Honor, very quickly. I think I might do this in a letter form. There's two exhibits that were -- we objected to, and the exhibits are E-331-F-R and E-331-H-R. And my concern with them is they're both notes that this witness, you know, just wrote in her notebook as she described. And they're basically just calling Mr. Combs a liar. And the first one she says you're a pathological liar. And that's 331-F-R. And then 331-H-R she says you lie straight to my face.
And my concern is twofold. One, I don't know -- and she's talking about him being a liar because he has multiple women. Which we opened on that. I mean, there's no conceivable way that we could have opened the door to a prior consistent statement of Mr. Combs cheating. I mean, we opened on that. But the more tangible problem is what the government is going to do is the government is going to use those statements in her notes to try to establish the element of sex trafficking by fraud. And that's dangerous and prejudicial. And so and I don't think we raised that exact objection when we said that, you know, we raised the hearsay objections. And it wasn't really until I saw these exhibits in the context of the rest of the examination.
And so that's my concern. And we couldn't really see how these exhibits were going to come in until they were in the context of the overall examination. And it's very clear to me that the government is trying to build a case of sex trafficking based on fraud. Which they have every right to do. But they can't do, what I submit, through these, these notes to herself, where she calls him a pathological liar, and that you lied straight to my face.
And so I raise that and I don't think we could have raised it before because we didn't have the context in which these exhibits would come into evidence. But now we have that for all the context, so I'm raising it the first time I saw that particular issue.
THE COURT: Ms. Comey.
MS. COMEY: Yes, your Honor. I think it's entirely appropriate both for her state of mind and as a prior consistent statement. Mr. Agnifilo is correct that one of our theories of sex trafficking is fraud. And these prior consistent statements show that Jane was telling the truth on the stand when she said she felt that she had been lied to and that those lies mattered to her in her decision to whether or not see the defendant and end up in a hotel room with him. And those prior consistent statements that she felt lied to are directly corroborative of her. And I do think that the fact that the defense opened on saying that these were consensual and that they were not the result of sex trafficking directly goes to whether or not Jane in fact felt defrauded.
In addition, I think it goes to her state of mind because it goes to whether or not she feels she has been lied to and whether or not that lie matters to her. Because in order to prove sex trafficking by fraud, we have to prove that the lie was material. And one of the ways we know it was material is by understanding what was going on in the victim's mind at the time. And in this note shows in her mind she felt she had been lied to, and it was material enough that she wrote it down repeatedly in her note.
So I don't think that the objection should be sustained. I think it should be overruled both because it goes to Jane's state of mind and because it is a prior consistent statement.
THE COURT: So, Mr. Agnifilo.
MR. AGNIFILO: Yes, Judge.
THE COURT: I just want to make sure that we're talking about the same thing.
MR. AGNIFILO: Yes, your Honor.
THE COURT: There are two separate issues. One is just the admissibility of the notes. And as Ms. Comey notes, it was offered not only as a prior consistent statement, but also as under the state of mind exception, which Ms. Comey just addressed.
But I understood what you just said to raise a different objection, which is the way in which this exhibit or these exhibits can be used in this case, which is a larger forward looking issue about the theory that the government is advancing under the fraud prong in section 1591.
I just want to make sure I'm understanding what the argument is.
MR. AGNIFILO: You're tracking it exactly right. And I guess it's a 403. I suppose there's always 403.
THE COURT: Well, it's not really the -- let me just make sure I'm understanding correctly. You're not saying that the exhibit -- well, you objected to the exhibit. I overruled the objection.
MR. AGNIFILO: Yes.
THE COURT: But you're saying even if it is admitted into evidence, whether it's a limiting instruction or some limitation on the government's ability to use the exhibit, that's what you're really talking about now. Am I right about that? Just to understand what you're talking about.
MR. AGNIFILO: Yes. I don't think a limiting instruction would go -- would be enough.
And the fear is a note to herself about Mr. Combs being a pathological liar that's really in regard to him not telling her about his multiple relationships, is easy to be misused, frankly, as my colleague just did, to say you're a liar for all purposes.
You know, and so this note to herself, which is sort of a dubious piece of evidence to begin with, is now going to be used as direct evidence of an element of the crime. And so my concern is -- and I don't want to rehash. I know your Honor ruled on this part. We really didn't open the door to this part. But now, you're right, your Honor. There is a different context, a forward looking context now that we see the examination in total and how it's very apparent that the government, because they just said they were, were going to use these notes to herself. And I think on balance, it -- I'm asking your Honor to reconsider the ruling in light of what we know now that we didn't know ten hours ago.
THE COURT: Well, that's why I asked the question in the way that I did. I don't understand -- well, the ruling, let me put it this way. Let me take a step back.
The exhibit itself was admissible for the reasons that I previously indicated. Because it overcame the hearsay objection for the two separate bases advanced by the government. And on a 403 basis, just generally speaking, it would be admissible based on the relevance to the specific incidents that are being advanced by the government as being instances of sex trafficking, which the government has outlined and now presented through the testimony of Jane.
That's just the exhibit coming into evidence. Right now, you're raising a separate point that was not previously raised. Which is, in the testimony, in light of the testimony that was elicited, you are concerned that looking forward the government is going to utilize this exhibit in a way that would be improper. Because it is not consistent with the reasons why the exhibit was admitted into evidence in the first place. And if it was proposed to be admitted for this purpose that you're talking about now, it would have been improper to do that.
And so the cure at that point would not be to strike the exhibit. It would be to impose some other remedy looking forward. That's what I'm trying to understand what you're asking for. I'm not actually -- I'm not saying what the ruling is on any of this because this is the first time it's been raised.
MR. AGNIFILO: Yes. Everything your Honor said is exactly correct, except I think I am asking for more than a curative instruction. I haven't had the chance to speak to my colleagues about it. This obviously just came up.
THE COURT: Well, why don't you put in a letter --
MR. AGNIFILO: All right.
THE COURT: -- on this issue that is being raised at 5:04 p.m. on a Friday.
MR. AGNIFILO: After 18 hours of testimony.
THE COURT: So we can give it the consideration that is due and the government can respond to that.
MR. AGNIFILO: Very good.
THE COURT: And I think that makes --
MS. COMEY: Before that, just to clear it up, your Honor. My intention in using this exhibit, and I think the way we would argue it in summation, is purely to go to Jane's state of mind, which we have to prove in order to prove materiality of the falsehood with respect to fraud.
So the purpose of that exhibit -- I don't know what Mr. Agnifilo is suggesting. He did not object two hours ago when I put this in. But the purpose of the exhibit, the argument that the government intends to make is the jury can use it to infer that Jane felt deceived, and it mattered to her, and it was material to her that the defendant had told this lie that the defense is going to argue is just a lie about another woman. But to Jane, it was much more and it was material.
So that is the significance of this note that is the argument we intend to make.
THE COURT: All right. Understood. So we're going to get a letter on the issue. The government will respond and we can pick it up on Monday.
Anything further from the defense?
MR. AGNIFILO: Nothing from us. Thank you.
THE COURT: All right. Timing. Ms. Comey, where are we in the direct examination?
MS. COMEY: Your Honor, I think I will end up taking most, if not all, of Monday. I am going to try very, very hard to finish by the end of the day Monday.
THE COURT: Very good. Okay.
Anything else? All right.
MR. DONALDSON: Witnesses.
THE COURT: Someone said something? Mr. Donaldson.
MS. COMEY: Witnesses after that?
MR. DONALDSON: I asked about witnesses.
MS. COMEY: I believe our witness list is due on Sunday, and we will provide it as ordered by the Court.
THE COURT: And I think we're going to be having the same witness for several days. So I think that that is what is happening in our immediate future. But, Mr. Donaldson, if I can help in any way.
MR. DONALDSON: No, you can't. I'll follow the Court's orders.
THE COURT: Okay. All right. Very good. Everyone have a great weekend, and we'll see everyone back here on Monday at 8:30.
(Adjourned to June 9, 2025, at 8:30 a.m.)