THE COURT: All right. Let's proceed. Can we have Jane back on the stand. JANE, resumed. CROSS-EXAMINATION CONTINUED
BY MS. GERAGOS:
(Jury present)
THE COURT: Please be seated. Welcome back, members of the jury. You've been here for awhile. I think this is a record for how long we've made you wait back there. I do apologize about that, but it is my expectation that we -- we often do things while you're in the back room to help save time that's what we were doing so I think we can save some of your time based on what we've been doing. So I thank you for your patience With that, Jane, you understand you're still under oath.
THE COURT: Ms. Geragos, you may proceed with your examination.
BY MS. GERAGOS:
MS. GERAGOS: Good morning, Jane.
MS. GERAGOS: Yesterday, right before we left off, we were looking at photos and videos if we could just bring one up really quick Government Exhibit E-115, which is already in evidence, and if we could bring up E-115-M to the right of it, please.
MS. GERAGOS: And I believe that we looked at the created date of this photo, which is October 26 of 2023, 14:03:05, right?
MS. GERAGOS: If we could take that down and bring up Government Exhibit 104-74, please, and go to page 23. Go to page 23 and 24.
MS. GERAGOS: Do you recall looking at these text messages on direct examination, Jane?
MS. GERAGOS: And these are on the same day as the photos and the videos that we just -- or the photo we just pulled up, but the video we looked at yesterday?
MS. GERAGOS: And do you recall these text messages to be before you saw Mr. Combs at his home?
MS. GERAGOS: So you had sent these text messages to him. If we could just -- I know we looked at them on direct, so we'll go through them very briefly so you don't have to do it all again, but you sent him a message, and you said: I'm saying all of this with light-heartedness. I truthfully think I'm processing some sort of trauma and just need some healing time to get back to myself. Sometimes these things can hit you weeks or months later because you don't know how to pinpoint your complex ill feelings. I feel as your lover I wanted to please you and destress you, and I pushed through and went along with things even when deep down I just wanted the night to be over or didn't want to do anything more. You would say things like finish strong or are you tired? You're getting tired on me? And I would just push through and perform and feel exhausted and just crave to already be in bed and just finish the night. The only thing I'd truly look forward to was finally being able to be cuddled in bed with you, right?
MS. GERAGOS: I think you testified many times that what you really looked forward to these nights was essentially to cuddle with Mr. Combs, is that right?
MS. GERAGOS: Your time together, yours and his at the end of -- once the entertainer left, right?
MS. GERAGOS: And then I think we talked about on direct examination that you think there was a phone call in between these messages, and then you sent the text message that said: I know I was consenting. Like you say on tape, you could never tell I was uncomfortable, right?
MS. GERAGOS: So we could take it down.
MS. GERAGOS: Right after this conversation, you went to his house in Bel Air, and you spent the night, and you connected with each other, right?
MS. GERAGOS: And then you said that you didn't have any hotel nights between that time and Cassie's lawsuit, and you were relieved about that, right?
MS. GERAGOS: And I think you spoke about this on direct, but I don't recall asking you about this, about his birthday, I think you said that you didn't remember if you actually went to dinner with him on that night?
MS. GERAGOS: But you did testify that you had gotten him a portable TV screen, right?
MS. GERAGOS: Tell me about that TV screen.
JANE: It's like an LG monitor TV screen that you can kind of bring all around the room. It's like cordless, and it's as big as this monitor here in front of me.
MS. GERAGOS: So it's about this size OF all of our screens that we're looking at?
MS. GERAGOS: You said on direct that that way you and Mr. Combs could watch the videos that you guys had on your phone or our phone on this movie night or watch them and have them be movie nights, right?
MS. GERAGOS: So you also testified on direct, I think we were just getting to that, that you then learned about -- he then went to London, right?
MS. GERAGOS: And you were really upset about that because he took another -- another female to London, right?
MS. GERAGOS: And then you saw that Cassie's lawsuit became public on November 16 or so, right?
MS. GERAGOS: And you saw that on social media, right?
MS. GERAGOS: And you saw her -- his subsequent settlement with her?
MS. GERAGOS: You saw the lawsuit the first -- you saw the lawsuit when it first came out, right?
MS. GERAGOS: And then subsequently after the lawsuit was revealed publicly, then you saw the settlement, right?
MS. GERAGOS: It didn't happen in that same day, right?
MS. GERAGOS: And then after you saw both of those is when you then spoke to Mr. Combs, I believe it was November 19 from those messages we saw?
MS. GERAGOS: And then after the lawsuit and after the settlement, you stood your ground about not seeing him, about your break from him, right?
MS. GERAGOS: And you said you took a break from him because you needed to work on yourself and work through your feelings, right?
MS. GERAGOS: And he had, fair to say, been reaching out to you because he wanted to see you, right?
MS. GERAGOS: And he was asking for your support, right?
MS. GERAGOS: And he was reaching out and reaching out, and you were standing your ground, right?
MS. GERAGOS: Okay. He would try to reach you via phone?
MS. GERAGOS: And was that -- you have testified a few times that he would try -- when you would attempt to not talk to him, he tried to reach out over and over to you, and you would sometimes answer then, right?
MS. GERAGOS: And here you were eventually just not answering, you were standing your ground, right?
MS. GERAGOS: And we went over on direct, and we won't have to do it in depth all again, but we went over then a few messages that we saw in November and the recordings that we heard in November as well, remember that?
MS. GERAGOS: And then he reached out to you a few times in December as well, does that sound right?
MS. GERAGOS: And you guys would communicate via text message?
MS. GERAGOS: Oh, you would speak on the phone in December as well?
MS. GERAGOS: Can we pull up just for the witness and the parties Defense Exhibit 3226.
MS. GERAGOS: Jane, is this a message between you and Mr. Combs on December 20, 2023?
MS. GERAGOS: I believe without objection, we move to admit this exhibit, your Honor, not the underlying ones yet, but this exhibit -- not the underlying ones, but this exhibit under seal.
THE COURT: Any objection?
MS. COMEY: No objection to 3226, your Honor.
THE COURT: Defense Exhibit 3226 will be admitted under seal.
(Defendant's Exhibit 3226 received in evidence)
MS. GERAGOS: This is December 20. To orient ourselves, it's about a month after Cassie's lawsuit, right?
MS. GERAGOS: And you text him: You only reach out to me because maybe you had a second while you're waiting for someone else to come over. You see how you just go ghost after opening up conversation, right?
MS. GERAGOS: Is it fair to say that you were trying to cordially speak to him around this time?
MS. GERAGOS: Okay. And he says: Not at all, beautiful. I just read it three times on the bridge after my prayers and was going to respond, and then you hit me mad. LOL. SMH, right
MS. GERAGOS: Just to be clear, hit in this context is reach out, right?
MS. GERAGOS: It's not a physical hit, right?
MS. GERAGOS: And he asks you: Can you please take some serious quiet time to read everything I said. I poured my heart and truth out here. Take your time. I pray for us because I know we are connected. I want our friendship to last a lifetime. Coming to an emotional understanding would mean everything to our friendship. Thank you. I love you. Right?
MS. GERAGOS: And on direct examination you had said that you remembered that around this time you had said that you remembered that he never -- that he said that you never told him anything or that he wasn't aware of how you were feeling, right?
MS. GERAGOS: And was it around this time that he was telling you that he -- that you never told him and he wasn't aware of how you were feeling?
MS. GERAGOS: And were you guys having conversations about how you were feeling and what he knew around that time?
MS. GERAGOS: And you had really vulnerable and honest conversations while you were on this break in 2023?
JANE: We would have like moments where we would have that. They'd be really intense like back and forth.
MS. GERAGOS: Would this be over the phone or over FaceTime or on text? How would you --
JANE: I would say over the phone. If it would get intense, like he would rush off or I would start crying or -- it was really hard around this time to really get out how I was feeling mixed with everything. This was a really emotional timeframe for us for sure.
MS. GERAGOS: And can you explain by what you mean by "we'd get really intense"?
JANE: I think because this was when our relationship really started to deteriorate, like I think that I had just really hit my wall here. I was a mix of emotions of just depression, my resent for the relationship, and then coming to find out that, you know, another woman had these same experiences that I never knew about. So it was just like a lot to wrap my head around. And then I was really spewing out a lot of that energy to him while he was under fire for a lot of other things, so it's like we were both just emotionally down and like just in a constant pulling battle but like with still love there and still pain with like resentment and trying to be there for one another, but also everything was just hard around this time very, very hard.
MS. GERAGOS: This was a hard month for you because you had just broken up with him at the end of October, and then Cassie's lawsuit came out, right?
MS. GERAGOS: And this was a hard time for him because he was in the eye of a, for lack of a better term, media firestorm, right?
MS. GERAGOS: And so you wanted to process your own feelings, right?
MS. GERAGOS: While simultaneously trying to be there for him during this unprecedented time in his life, right?
MS. GERAGOS: I'm sorry?
JANE: I'm sorry. I felt we were equally pulled in our own like emotional battlefield like every which way.
MS. GERAGOS: Okay. And at that time he indicated to you that he was not aware that you felt this way, right?
MS. GERAGOS: I'm asking you what he indicated.
MS. COMEY: Your Honor, I ask the witness be able to finish her his answer.
MS. GERAGOS: I ask the witness just answer my question.
THE COURT: Jane --
THE COURT: -- listen to the question. If it's asking for a yes no answer, answer that way and just try to respond to what's being asked, and then there will be a chance for redirect examination afterwards.
THE COURT: Ms. Geragos.
MS. GERAGOS: Thank you, your Honor.
BY MS. GERAGOS:
MS. GERAGOS: You testified on direct examination with Ms. Comey that at the time he had told you that you had never told him or he was not aware of how you were feeling, right?
MS. GERAGOS: And that it wasn't until after Ms. Comey and other members of the government team showed you many messages that you realized something different, right?
MS. GERAGOS: So at this time, at approximately December of 2023, he had indicated to you he was not aware of how you were feeling, right?
MS. GERAGOS: Okay. And would he tell you that he was sorry that you felt this way?
MS. GERAGOS: And that he didn't want you to feel this way any more?
MS. GERAGOS: And that he did not want you to be upset?
MS. GERAGOS: And then is this when you guys would have these emotional conversations with one another?
MS. GERAGOS: And you weren't in person. It was over the phone, right?
MS. GERAGOS: And he would express that to you, right?
MS. GERAGOS: And did you appreciate that?
MS. GERAGOS: And at the time you believed him, right?
MS. GERAGOS: And would he tell you that all the way around he -- I think you said on direct examination he was encouraging you from December 2023 onwards to be more communicative with you (sic), right?
MS. GERAGOS: And so was he expressing that at this time with you to be more communicative?
MS. GERAGOS: And -- all right. If we could bring up just that exhibit again, 3226, please. And if we could -- you see there is an audio message on the second page at 6:21:28 p.m.?
MS. GERAGOS: I believe without objection, your Honor, we seek to admit that audio message which is 3226-C-R, which has the requested redactions that the government requested?
MS. COMEY: No objection to the redacted version, your Honor.
THE COURT: The redacted version of that exhibit will be admitted.
(Defendant's Exhibit 3226-C-R received in evidence)
MS. GERAGOS: Could we please play 3226-C-R, please.
(Audio played)
MS. GERAGOS: You could stop it. Thank you.
MS. GERAGOS: Is this one of the audio messages you recall him sending to you at that time?
MS. GERAGOS: Is this an example of the types of conversations you guys were having at that time?
MS. GERAGOS: If we could go to what's already in evidence as A-301-H.
MS. GERAGOS: We looked at this on direct examination, and this is a message between you and Mr. Combs. Well, if we could go to page 3, please, 3 and 4, side by side. So this is a message about a week later on December 27, right?
MS. GERAGOS: And so I think that you -- if we could just -- we just talked about how these conversations would get really intense, right?
MS. GERAGOS: So he says: So what's the solution? We just saw that, right? We just heard that, he was asking what the solution is, right?
MS. GERAGOS: Would he often say: I'm solutions person. I just need solutions?
MS. GERAGOS: That's something he often says, right, over the three years of your relationship?
MS. GERAGOS: Okay. So he's saying: So what's the solution? We're going into a new year. And then he questioned that message, two messages down, right?
MS. GERAGOS: He says: I don't want to fight. How do we move on, right?
MS. GERAGOS: Around that time, I think you just said it was a very intense time period between you two, right?
MS. GERAGOS: You said, I tolerated and dimmed myself for you, Puff. Please don't discredit me. And he says: Never discredit you, right?
MS. GERAGOS: And you say: I lifted you up any time you needed me in those rooms. I took on a lot to make you happy, right?
MS. GERAGOS: If we could go to pages 4 and 5.
MS. GERAGOS: These are your messages that you have in the remainder of this conversation, right?
MS. GERAGOS: If we could go to the next few pages. And the next two pages. If we could just go to page 12. I think that's what I'm looking for.
MS. GERAGOS: There we go. So then you testified on direct examination -- I'm not going to make you go through all of these. we looked at them in great detail. You testified on direct examination that you FaceTimed during the course of this argument, and he said -- you said that he said: Charge me. Charge me for your resentment. I just need to get over this. Just tell me what it is. I don't want any loose ends. Just charge me, right?
MS. GERAGOS: And you said you hadn't hired a lawyer at this time?
MS. GERAGOS: That's when you write to him: I was confused and couldn't concentrate for three years and feel extremely exploited, right?
MS. GERAGOS: And you had this entire message. And at the end you say: I want my wasted three years of time reimbursed and given back to me in the monetary amount of 100K per year and 15 months left of our two-year agreement of rent, 450K to move on from the resentment of feeling exploited, manipulated, heartbroken, drugged and all of the loss of potential income, right?
MS. GERAGOS: This wasn't sent by an attorney, right?
MS. GERAGOS: This was sent by you?
MS. GERAGOS: On direct examination, you said you were not planning to pursue a lawsuit against Sean Combs, right?
MS. GERAGOS: And you're still not planning that?
MS. GERAGOS: And throughout this message, and we looked at it, you then express that were going to hurt yourself, right?
MS. GERAGOS: And then we looked at the message where he asked you: Please don't hurt yourself, the next day, right?
MS. GERAGOS: He does not want that for you, and you understood he wanted to be there for you, right?
MS. GERAGOS: Okay. He did not want you to hurt yourself, right?
MS. GERAGOS: On direct with Ms. Comey, you said that you didn't have any friends around this time to talk about this with. Do you remember that?
MS. COMEY: Objection, your Honor. Misstates the testimony.
THE COURT: Can you rephrase?
MS. GERAGOS: Do you remember on direct examination stating that you would talk to Mr. Combs about your feelings because you didn't have anybody else -- I think you may not have said friends -- anybody else to speak to about this?
MS. GERAGOS: Okay. You had a couple friends that you would speak to about your relationship with Mr. Combs, right?
MS. GERAGOS: And around this time in December and January of 2023, you would -- I'm not going to name them, but you would go to these two specific friends about your relationship with him, right?
MS. COMEY: Objection, your Honor. December and January 2023.
MS. GERAGOS: I'm sorry. December of 2023 and January of 2024 — apologies for that — you would speak to them, right?
MS. GERAGOS: Okay. And so you were able to confide in them about your feelings about the relationship and your feelings about Mr. Combs, right?
MS. GERAGOS: And fair to say that one of your friends would say, well, you've set the tone for the relationship. You know, what do you expect at this time? Do you remember that?
MS. COMEY: Objection, your Honor.
THE COURT: That's overruled.
MS. GERAGOS: And you had their support during this time as well, right?
MS. GERAGOS: You talked about how in January of 2024 you -- I think you talked about how you went to Las Vegas, right?
MS. GERAGOS: Did you also go to Paris?
MS. GERAGOS: You went to Paris, okay. And you had a great time, right?
MS. GERAGOS: And do you remember telling your friend after Paris, now I just need a Saudi prince?
MS. GERAGOS: And basically that entire time in January of 2024, I think you testified Mr. Combs left you alone. He didn't reach out, right?
MS. GERAGOS: And he paid your rent that month and in December, right?
MS. GERAGOS: And you were grateful because you had confided in KK the month before?
MS. GERAGOS: And she assured you she would talk to him and ensure that he left you alone, right?
MS. GERAGOS: And for once he left you alone for that entire month, right?
MS. GERAGOS: And fair to say that in that month though you still missed him and loved him?
MS. GERAGOS: And there were no threats about payments of rent or anything from anybody or anybody on his side during that time, right?
MS. GERAGOS: Okay. And I want to go -- you also spoke on direct examination about a $9,000 payment from somebody named Bear, right?
MS. GERAGOS: And you had known Bear through your modeling years, right?
MS. GERAGOS: And you said that in January you were texting but you had not seen each other in person?
MS. GERAGOS: Do you recall that you were still asking for him to come over via text message around that time?
MS. GERAGOS: But he didn't come over?
MS. GERAGOS: But he ended up sending you that $9,000?
MS. GERAGOS: But that $9,000 you -- did you have to do anything for his companies or model or anything like that?
MS. GERAGOS: He had -- he had several -- he had several companies that you could have influenced for, I think that would be the word, is that right?
MS. GERAGOS: But he didn't ask you to do any of that, right?
MS. GERAGOS: So you also went to Las Vegas during that time as well, right?
MS. GERAGOS: And you went with your friend?
MS. GERAGOS: Okay. And because you and Mr. Combs were not speaking during that month, he didn't know that you had gone to Las Vegas, right?
MS. GERAGOS: And so you went to Las Vegas with your friend on a very successful rapper's private plane, right?
MS. GERAGOS: And it was for that rapper's girlfriend's birthday?
MS. GERAGOS: Okay. And that rapper, fair to say, is a rapper who is very close to Mr. Combs?
MS. GERAGOS: Okay. Just without sound, please could we bring up Government Exhibit E-332, pause it at five seconds just for the jury and the parties, please.
MS. GERAGOS: I think I just asked this, but maybe I didn't. Fair to say that Mr. Combs and this individual were really close to one another?
MS. GERAGOS: We are having a technical difficulty. Here we go. If you could pause it at five seconds without sound, please. We could stop it there. If you could look up at the text, four up from the bottom, and if we could highlight that, please, for the jury, just the name, please. Thank you. So the jury doesn't see it, okay. Could we please publish this for the jury. All right. Is that individual -- give me -- your Honor, may I have one second, please?
THE COURT: Yes.
(Pause)
MS. GERAGOS: Thank you, your Honor.
MS. GERAGOS: Is that -- where the cursor is on the screen, is that the individual who you went to Las Vegas with?
MS. GERAGOS: And fair to say that this is an individual who is at the top of the music industry as well, right?
MS. GERAGOS: And he was very -- he is very close with Mr. Combs, right?
MS. GERAGOS: And fair to say they would record together?
MS. GERAGOS: And that they had an ongoing both professional and personal relationship with one another?
MS. GERAGOS: Okay. And an icon in the music industry?
MS. GERAGOS: And you said that you -- when you got there, you went to a dinner for the -- this person's wife or girlfriend, right?
MS. GERAGOS: Okay. And that's when you first saw Antoine?
MS. GERAGOS: Were you surprised to see Antoine?
MS. GERAGOS: Did you know prior that Antoine had a relationship of some sort with this rapper and his girlfriend or wife?
MS. GERAGOS: And he would travel with them?
MS. GERAGOS: And so you had understood that Antoine would be around them sometimes, right?
MS. GERAGOS: Did you know if Mr. Combs knew that?
MS. GERAGOS: Oh, he was aware of that?
MS. GERAGOS: From before?
MS. GERAGOS: From before January of 2024?
MS. GERAGOS: So when you see Antoine at dinner, you're a little bit surprised, but you give him a hug and you're nice to him?
MS. GERAGOS: Did anybody ask you, just curious, of how you --
MS. GERAGOS: -- knew Antoine?
MS. GERAGOS: After the dinner, at some point does anybody invite you straight to the hotel room after that or at what point did you go to the hotel room?
JANE: We landed and went to a play, and then we went to dinner, and then we went to a strip club, and with a hotel invitation.
MS. GERAGOS: So you testified on direct examination that you remember walking into the hotel room, and then Antoine was having sex with a woman and everybody was watching, right?
MS. GERAGOS: How many people were in the room?
MS. GERAGOS: Were -- where was the hotel -- what hotel was this?
MS. GERAGOS: Were Antoine and the woman on the bed or what area of this room were they in?
MS. GERAGOS: And everybody was just watching them? Were they talking? Was there music playing? What was going on?
MS. GERAGOS: And you testified on direct examination that there was some flirtatious banter with the rapper, right?
MS. GERAGOS: And fair to say you and him had crossed paths in the past; you had known each other like from afar, essentially?
MS. GERAGOS: So he was flirting with you while there were other people in the room, in this hotel room?
MS. GERAGOS: And on direct examination, you said -- Ms. Comey asked you: Other than verbally flirting with the rapper, did anything happen with the rapper, right?
MS. GERAGOS: And you said no, right?
MS. GERAGOS: Do you remember telling the government in previous interviews that you were also dancing and that you flashed your breasts to the room?
MS. GERAGOS: But you didn't testify to that on direct examination?
MS. GERAGOS: Okay. Who asked you to flash your breasts to the room?
JANE: I think just in the moment, just we were all just hanging out and, I don't know, in the moment.
MS. GERAGOS: Okay. What did the rapper say to you when you guys were flirting?
JANE: I think he said something along the lines of that he thought I was beautiful, and he always wanted to blank me.
MS. GERAGOS: Have a relation -- have a relationship of some sort?
MS. GERAGOS: Okay. And is that at the point where you started dancing and flashed or at what point was that?
MS. GERAGOS: Okay. He had basically -- the rapper basically told you in that moment he had always had a crush on you?
MS. GERAGOS: And -- all right. So then we're in January. Right before, do you recall -- if we could pull up for the witness F-101 at page 450 and have 450 and 451 next to one another. This is a text message chain between you and Kabrale, right?
MS. GERAGOS: And do you see that he -- on the bottom left you text him on the 25th of 2023 and you say: Merry Christmas to you and yours. Hope you have a blessed one, with a smiley face, right?
MS. GERAGOS: And he says: Thank you beautiful. Merry Christmas to you too, my love. My apologies I thought I sent that yesterday. He says: Good afternoon beautiful. I'm in your city, about two weeks later, on January 9, right?
MS. GERAGOS: Could you go to the next page, please.
MS. GERAGOS: And you text him: Happy new year. I'm pretty tied up with work and fam for awhile. How is your trip so far? And you and him have a conversation throughout January 10, right?
MS. GERAGOS: Then on the 10th you text him: Hey, Kabrale. Good morning. What time is your flight today, right?
MS. GERAGOS: Is that his flight to Los Angeles or where?
JANE: I think he was saying that he was in town, but that he was leaving, so maybe back to Atlanta.
MS. GERAGOS: Okay. And do you remember when you were in Las Vegas and you were in that hotel room with that rapper and Antoine and the other people who were there, that you also -- do you remember if you brought up Kabrale as well?
MS. GERAGOS: How did you bring up Kabrale?
JANE: They were asking me if I knew anybody else in the lifestyle, and that they were looking for someone, and so this is why I made an outreach to Kabrale because at this time if I were to recommend somebody, I would recommend somebody that I've kind of known for awhile.
MS. GERAGOS: And that you trusted, right?
MS. GERAGOS: And that you believed at that time in January would be discreet?
JANE: I believed that he would be discreet and somebody who was like private. At the time I thought Kabrale was a safe person to recommend.
MS. GERAGOS: Back in January -- putting aside later, but back in January that's what you believed?
MS. GERAGOS: So when you say "they," is that the rapper and his partner?
MS. GERAGOS: So those were the two individuals who were asking you?
MS. GERAGOS: Why did you believe they were asking you if you knew anybody who was in the lifestyle?
MS. COMEY: Objection.
THE COURT: Overruled.
JANE: I believe they were asking me because maybe they just picked up the energy from me or I just maybe assumed that maybe they had already got an inclination that me and Sean had been doing kind of similar things, so ...
MS. GERAGOS: Okay. And was it away from the other individuals who were at the party that they asked you this?
MS. GERAGOS: All right. We can take that down.
MS. GERAGOS: Then on direct we spoke about your birthday in February 2024, and Mr. Combs had reached out to you about a dream he had about the Concord, right?
MS. GERAGOS: And that's how you two started speaking again?
MS. GERAGOS: And you ended up flying to Miami to be with him around the time of your birthday, right?
MS. GERAGOS: You hadn't seen him in -- since early, early November, right?
MS. GERAGOS: It was his -- I think around his birthday that you saw him, right? Early, early November?
MS. GERAGOS: Oh, right, you saw him for the Halloween shoot. So you hadn't seen him --
MS. GERAGOS: You so you decided to get on a plane and go see him in Miami, right?
MS. GERAGOS: Fair to say that a media firestorm around Mr. Combs at that time had intensified even more?
MS. GERAGOS: And you said that you went to see him because you really missed him, right?
MS. GERAGOS: And you were excited to see him after all that time?
MS. GERAGOS: And, if you recall, was KK at the house when you arrived?
MS. GERAGOS: Was she there that entire time that you were there in February?
MS. GERAGOS: How many days, if you remember, did you spend? I think you said five days?
MS. GERAGOS: So it was almost a week that you spent there?
MS. GERAGOS: And for your birthday, he had set up, I think you talked about there was an entryway from Two to One Star, and he had set up a grandiose birthday dinner for you, right?
MS. GERAGOS: So tell me about the birthday dinner.
MS. GERAGOS: If I could just stop for a second was that walkway by where the water is? There's a walkway in front of the two homes, right, that's on the water?
MS. GERAGOS: So you would walk down 2Star to where the water is and the dock is, right?
MS. GERAGOS: And then there's a bunch of palm trees, and you can see the water, and it's very beautiful, right?
MS. GERAGOS: And then you walk from 2Star to 1Star on that walkway with palm trees, and it was candlelit?
MS. GERAGOS: Go ahead. Sorry for interrupting.
JANE: Oh, no. It was very romantic. And I walk up, and I see him sitting there smiling. I feel like I could see his heart beating out of his shirt and --
MS. GERAGOS: Was your heart beating as well?
JANE: Yeah. I was just about to say, same as mine. And I felt like -- it felt like prom. Like it was just cute. Like we had butterflies, and we both said we were feeling nervous and had butterflies. And it was just really sweet. And like I walk in, and there's a round table full of like gifts and balloons, all coordinated like pink and silver, and there was another table with candlelight and a five-course dinner. It was literally everything that I've always want from my relationship for sure. It was very nice.
MS. GERAGOS: You had wanted the really nice, romantic dinner and gesture, right?
MS. GERAGOS: And so you got the balloons and the romantic setup, right?
MS. GERAGOS: And you were really appreciative at the time as to all the effort that had been put into this dinner, right?
MS. GERAGOS: Okay. And you remember thinking to yourself I finally -- this is what I wanted, right?
MS. GERAGOS: And you were very -- also very happy because you also got this one-on-one time with him as well, right?
MS. GERAGOS: And you also testified that after this -- after the dinner, you guys had not taken any ecstasy at the dinner, right?
MS. GERAGOS: So you had the five-course dinner, you had drinks, right?
MS. GERAGOS: But no ecstasy at that time?
MS. GERAGOS: After -- I think you testified that after the dinner, you took a pill, he took a pill, and you were then in 2 Star Island?
MS. GERAGOS: And then he -- you testified that Don came over afterwards, right?
MS. GERAGOS: So you did not go to a hotel; it was there at the house?
MS. GERAGOS: Okay. And that you were -- do you remember saying previously that you were willing to have sex with Don that night because Combs had done everything that you had wanted for your birthday?
MS. GERAGOS: Do you remember meeting with me about a month and a half ago with my investigator and your counsel?
MS. GERAGOS: And do you remember during that meeting you said you were willing to have sex with Don because Combs had done everything you had wanted?
MS. GERAGOS: Okay. And do you remember talking to the government previously and telling them that after this, you realized that this was just going to be a forever thing with Mr. Combs, right?
MS. GERAGOS: If we could pull up what's already in evidence as G-103, page 132, please.
MS. GERAGOS: This is a text message can chain between you and Paul Arthur, do you see that?
MS. GERAGOS: And I'm going to read your text message, which is sent on February 10, 2024: Are you already -- by February 10, 2024 are you already in Miami?
MS. GERAGOS: And you say: Hey P., I hope you're well. Is this still your number, right?
MS. GERAGOS: And then he jokes with you and says: No. Right?
MS. GERAGOS: Can we go to the next page?
MS. GERAGOS: Then he says: Just kidding. You guys talk for a little bit and you're sending him exclamation points and laughing, right?
MS. GERAGOS: Okay. If we could go to the next two pages.
MS. GERAGOS: And, okay, so if we could go to the page on right, you see you send him a message on February 10 and you say: Writing to say hello and how are you. Also, do you have plans on Valentine's Day, Wednesday 2/14, right?
MS. GERAGOS: This is a reach-out to Paul when you're in Miami staying with Mr. Combs, right?
MS. GERAGOS: Do you remember telling the government that around this time, you would have been high and excited and looking forward to seeing Paul as a person, right?
MS. GERAGOS: Do you recall that?
MS. GERAGOS: Of course.
MS. GERAGOS: Do you remember telling -- we can take it down, actually, as I ask the question. Thank you.
MS. GERAGOS: Do you remember telling the government in the meeting with them that you were with Mr. Combs at the time of this text message?
MS. GERAGOS: And that you were texting him about Valentine's Day, and you would have been high and excited and looking forward to seeing Paul as a person?
MS. GERAGOS: Okay. Because Paul is one of the entertainers that was warm and that you actually had a friendship with, right?
MS. GERAGOS: I just asked you about a previous meeting that you had with the defense, and I want to ask you a little bit more about that. Do you remember that you told me that after Cassie's lawsuit, that you saw changes in Mr. Combs?
MS. GERAGOS: That you saw -- and that you felt yourself getting much closer to him and that your love was getting stronger?
MS. GERAGOS: And do you remember talking about the differences you felt in Mr. Combs' char -- well, sorry, the differences in Mr. Combs' -- the way he acted with you after the lawsuit?
MS. GERAGOS: Okay. So do you remember saying that previously in your relationship — and I'll do it as Ms. Comey does it — from May of 2021 to October of 2023, he was previously egotistical at times and at times would be very cold?
MS. GERAGOS: And then after the lawsuit, when you reconnected in February of 2024, and up until his arrest, you felt so much more love from him?
MS. GERAGOS: Do you recall saying that previously before October of 2023, he could disappear for days?
MS. GERAGOS: And that really hurt you, right?
MS. GERAGOS: And afterwards, after the lawsuit, you saw positive change in him?
MS. GERAGOS: And you saw that he could be more apologetic?
MS. GERAGOS: And that really meant a lot to you, right?
MS. GERAGOS: And you saw that he listened better?
MS. GERAGOS: And he spent more time at home, right?
MS. GERAGOS: He was not as on-the-go all the time, right?
MS. GERAGOS: Because prev -- so you broke up in October of 2023, he had just launched the album, and he was very busy at that time, right?
MS. GERAGOS: And then post lawsuit, post media firestorm, it was very -- he was not doing as many engagements, would you say?
MS. GERAGOS: Okay. And so you saw he was able to spend much more quality time with you, right?
MS. GERAGOS: And he spent more time talking to you on the phone?
MS. GERAGOS: And Facetiming with you?
MS. GERAGOS: And you felt really listening to your feelings around that time, right?
MS. GERAGOS: And that was really important to you?
MS. GERAGOS: And especially important to you because he was your partner and your lover at that time?
MS. GERAGOS: And I think you flew -- you spent time in -- you went to Miamai a few times in 2024, right?
MS. GERAGOS: And he went to Los Angeles maybe three times, you saw him maybe three times between February of 2024 and September, you saw him in LA about three times?
MS. GERAGOS: Does that sound about right?
MS. GERAGOS: And would you say there was less chaos in the house around, you know, post Cassie lawsuit?
MS. GERAGOS: Less people were around, right?
MS. GERAGOS: Less people were asking stuff from him, you felt?
MS. GERAGOS: Okay. And so you would be able to talk a lot to him, right?
MS. GERAGOS: And you would still during that time even when an entertainer didn't come, get high together during those nights, right?
MS. GERAGOS: And you liked the ability to just be close with him and talk to him, right?
MS. GERAGOS: I think you have said that when you would take ecstasy and when he would take ecstasy, you guys could be very vulnerable with each other, right?
MS. GERAGOS: So during that time when you guys got back together from February of 2024 until September, you were able to reconnect in a way that was meaningful to you?
MS. GERAGOS: Do you recall that the terminology that he used around your relationship changed a lot after you got back together?
MS. GERAGOS: So before the lawsuit, from February of 2021 to October of 2023, he would -- and I think we've seen some messages like this, say, I'm single, I'm polyamorous, I'm single, and he wouldn't say that you guys were in a relationship, right?
MS. GERAGOS: But you during that time considered him to be your partner and lover, right?
MS. GERAGOS: And that really hurt you, is that fair?
MS. GERAGOS: Because during that time you saw him in, as we talked about, a public relationship with Caresha?
MS. GERAGOS: And so after the lawsuit, his terminology around your relationship changed a lot, right?
MS. GERAGOS: He went from saying he's single, he's single and constantly saying that to you to changing and saying we're in a relationship, you're my girlfriend, right?
MS. GERAGOS: And that really meant a lot to you as well, right?
MS. GERAGOS: And I think you've said during that meeting that we had that he had never previously really expressed that to you, right?
MS. GERAGOS: And you felt not only did he express it, you felt that he was more lovely and making it seem more like a relationship?
MS. GERAGOS: And he would also FaceTime you and tell you how much he loved you during that time?
MS. GERAGOS: And you appreciated that, right?
MS. GERAGOS: And he didn't seem high during some of those Facetimes, right?
MS. GERAGOS: Which you liked as well, right?
MS. GERAGOS: Because you wanted him to get off of the drugs, right?
MS. GERAGOS: And you cared a lot about his health and his wellness?
MS. GERAGOS: During 2024, even you would care about him getting to the gym and working on himself, right?
MS. GERAGOS: And not fall into a depressive state despite everything that was happening?
MS. GERAGOS: And you really cared about him eating well?
MS. GERAGOS: And making sure he got his endorphins?
MS. GERAGOS: And you would check in on him as much as you could to make sure he was doing well in the middle of this, right?
MS. GERAGOS: And sometime during that time period when you guys got back together, you and him both realized there was a federal investigation into him, right?
MS. GERAGOS: And that really contributed to his stress?
MS. GERAGOS: And so during that stressful time of his, you were really trying to be there for him to make sure he was healthy and doing well, right?
MS. GERAGOS: And do you remember telling the government that during -- when you guys got back together in 2024, you felt you had more control in your relationship?
MS. GERAGOS: And you were grateful for that, right?
MS. GERAGOS: All right. So we just talked about you going there in February. You were in Miami again in May of 2024. Do you remember testifying to that on direct?
MS. GERAGOS: And during this trip, there were no entertainers on that trip, right?
MS. GERAGOS: And you were staying with him at 2 Star Island?
MS. GERAGOS: And when you got there, also KK was not there, right?
MS. GERAGOS: I think you testified on direct, it wasn't until maybe like a day or two after the CNN video came out that KK came to the house?
MS. GERAGOS: And you went into that different room, right?
MS. GERAGOS: And fair to say that after watching that video on CNN you lost your appetite?
MS. GERAGOS: You were sick to your stomach?
MS. GERAGOS: You had never seen Mr. Combs in your relationship at that point act like that before, right?
MS. GERAGOS: That was just not consistent with the man you knew for three and a half years?
MS. GERAGOS: He had never laid a hand on you prior to this night?
MS. GERAGOS: You hadn't seen him lay a hand on another individual during that time, right?
MS. GERAGOS: And you were really shocked to see that behavior, right?
MS. GERAGOS: And that was just not the man that you knew, right?
MS. GERAGOS: And your friends were telling you, you cannot be with him any more, right?
MS. GERAGOS: But you wanted to be there for him, right?
MS. GERAGOS: Fair to say after this video came out, the public sentiment that you felt about him got even stronger against him?
MS. GERAGOS: That was a bad sentence. Let me rephrase it. That you felt the public sentiment against him got even stronger against him?
MS. COMEY: Objection, your Honor.
MS. GERAGOS: Well, looks like the witness doesn't understand my question, so I'll just withdraw it anyway, your Honor.
MS. GERAGOS: Anyway, you were really shocked, and your friends told you not to be with him any more, right?
MS. GERAGOS: But you really wanted to help your partner through this, right?
MS. GERAGOS: Because you had been working on his health, you had been working on getting him better during this time, right?
MS. GERAGOS: And we discussed on I think throughout your testimony that Mr. Combs was a very complicated person, right?
MS. GERAGOS: And you felt that this was another example of how complicated he was, right?
MS. GERAGOS: Yes.
MS. GERAGOS: And you knew -- when we ended the day yesterday, you knew how much Cassie meant to Combs, right?
MS. GERAGOS: And you also felt for Cassie, right?
MS. GERAGOS: You talked about that extensively?
MS. GERAGOS: So when you saw this video, it was very difficult for you because you knew that Mr. Combs really loved her, right?
MS. GERAGOS: And it was really hard to see this domestic violence on tape?
MS. COMEY: Objection, your Honor.
THE COURT: Can you rephrase?
MS. GERAGOS: It was really hard for you to see this incident on your phone that you were looking at, right?
MS. GERAGOS: So you were helping Mr. Combs with what to say, right?
MS. GERAGOS: After this, do you recall Mr. Combs attempting to get into a program to address his -- to address his actions in that video?
MS. COMEY: Objection, your Honor.
THE COURT: That's overruled.
MS. GERAGOS: And do you recall that this program did not accept him into their program?
MS. COMEY: Objection, your Honor. Calls for hearsay. Also 403.
MS. GERAGOS: Could we approach, your Honor?
THE COURT: You may.
MS. GERAGOS: Thank you.
(Continued on next page)
(At the sidebar)
MS. GERAGOS: I could speak, but it was her objection.
THE COURT: What's the nature of the objection?
MS. COMEY: My objection is the witness only knows what the defendant told her, and the defendant only knows what he was told by people about the program. So it's double hearsay. It's offered to prove that the program in fact rejected him and offered to prove that the defendant said to Jane that the program rejected him. I also don't understand the relevance. This appears to be an attempt to get sympathy from the jury to suggest he was trying to better himself, and that because of the media firestorm, as Ms. Geragos has put it, he was not able to. It's neither here nor there with respect to the elements of the offense he's charged with and appears to be an attempt to garner sympathy.
MS. GERAGOS: I'm about to get into she was helping him write a letter to get into this program. I understand the nature of the previous objection to be the words domestic violence, which I took out of my question. What I was going to get into next was she helped him write this letter. This is obviously a critical time period between May 17 and June 18. She's helping him write a letter if it's not objectionable, I can ask were you helping him write a letter to get into this program, I believe that would not call for hearsay.
MS. COMEY: I would have a 403 objection. I don't understand the relevance of the probative value here of trying to get into the program for men who struggle with anger issues or domestic violence issues. It appears only relevant to improper considerations like sympathy or attempting to suggest that what happened with Ms. Ventura was only domestic violence or suggesting that, again, Mr. Combs was trying to better himself but just couldn't because of the media firestorm, none of which is probative to any of the elements of the charged offenses.
THE COURT: Why wouldn't it go to intent given that one of the alleged sex-trafficking events was -- post dated preparation of the letter? So it would go to his intent to engage in either force, threats of force, et cetera. He was writing to letter to try to get into a program to address certain issues he had.
MS. COMEY: Your Honor, the mens rea with respect to sex trafficking is knowledge or reckless disregard of the fact that the victim is engaging in sex acts because of force, fraud, or coercion. It's not about his intent to commit domestic violence or not or his intent to assault or not. Again, I think it's neither here nor there with respect to the elements of the charged offenses. I also think it's an attempt to re-cast his conduct as domestic violence in an improper way.
MS. GERAGOS: If I may respond to that, your Honor? It has already been elicited on direct examination that she started the fight. She started the fight on June 18. I don't think that the government is going to change anything on their redirect by saying that he started it. It is in the record that she slammed his face or I think she says gave it a good go into the counter. And so the context of her knowing that he was trying to get into this program, she was helping. She was -- if she was not assisting, I could see it possibly not getting into this, but she was he assisting him in trying to get -- maybe not getting in, but trying to get into this program. And in the context of that, in the short, short timeframe between May 17 and June 18, when she is assisting him to get into this program, she starts a fight with him almost the very next time she sees him and it is important context for the jury to know because --
THE COURT: Connect the dots for me. Is this like victim blaming?
MS. GERAGOS: I expect that the government is -- they've already said, and, your Honor, said it again -- first of all, I'm not -- I think -- again, this morning I've shown total respect to this witness. I just want to say that again. Second of all, she does begin the fight. I opened on that. They kept that from the jury in their opening, and I opened on it. She starts it. I'm not blaming her for --
THE COURT: I understand that. I appreciate that. I think what Ms. Comey is saying is that she doesn't understand the relevance of her helping Mr. Combs with the letter to any of the elements that the government has to prove as to sex trafficking even with respect to the June incident. That's why I was asking what's the relevance.
MS. GERAGOS: The force element of sex trafficking is I expect them on summation to talk in detail about the force that he used that evening. I will go in detail into the June fight, but they will go, I expect in detail, in their summation as to the force that he used that evening in order to have Antoine then come over. I'm going to go into this, but it is important context for the jury to know that in the context of him writing this letter, her helping him, the fight begins and that that's -- that's important for them to know when they look into the force, fraud or coercion of commercial sex.
MS. COMEY: Your Honor, the only relevance I'm hearing is to suggest that Jane should have known better when she was -- that she was poking a violent man, and when she started the fight was putting herself at risk of being assaulted. That is victim blaming. That is suggesting she was asking for it. That is suggesting she brought this violence upon herself and it somehow justified which finds no basis in the law whatsoever. There is no argument that because she knew he was trying to get help for domestic violence or his anger issues that it somehow justifies his response to her behavior that night, and I think it would mislead the jury to suggest that that is somehow relevant or could somehow be a defense to the way the defendant behaved that night.
MR. AGNIFILO: If I could just --
THE COURT: I would agree with Ms. Comey, I'm not hearing any relevance of this particular line of questioning except that it's context, and I don't see the context that in any way would be relevant to any of the elements that the government must prove.
MR. AGNIFILO: We are not victim blaming. I just want to say that out loud. We wouldn't victim blame, and we are not victim blaming. It's important context because it's something that Mr. Combs and this witness share, a vulnerable thing, a thing that makes Mr. Combs vulnerable in her eyes. She is writing a letter on his behalf to get him into a program. And it's significant that she -- when she slams his head on the counter and beats him up, I'm not saying that means he has to fight back, but that you vulnerability and all of the things that lead up to that moment are relevant. And the fact that --
THE COURT: How is it relevant? That's what I'm trying to understand.
MR. AGNIFILO: He's relying on her. You know, I have this issue. I'm trying to get into a program. You're helping me. You're now, you know -- why are you then now fighting with me? It's an unprovoked fight. For the first time ever she starts an unprovoked fight. They've never been physical. And she chooses to be physical with him on the heels of trying to get him into a domestic violence program? I don't know why she did that, but she did it. I mean, there's no dispute that it happened.
THE COURT: Well, that is victim blaming. That is literally that's like if you had a dictionary that had a term victim blaming, like that would be the explanation that you'd be given, so it can't be that. It has to be something else.
MR. AGNIFILO: He's vulnerable. I'm not victim blaming, and I wouldn't victim blame.
THE COURT: I'm not saying you. I'm saying that line of questioning would only have relevance to that.
MR. AGNIFILO: He's vulnerable to her. This whole examination is about she is vulnerable to him in this way, and now he's vulnerable to her in this way. That's significant, you know, to all the events that come after it. There's only a few months left in their relationship, you know, and he is relying on her. There's context; they're getting closer. She just testified to that. And a continuation of them continuing to get closer is she is writing this letter on his behalf. It's all part of the fabric of their relationship. I don't know why this should be eliminated from the continuity their relationship. And it's important in terms of how the relation progresses that he goes to her about this. He doesn't go to talk with Yung Miami or other people. He doesn't go to them. He goes to her. They're sharing this. They're actually getting closer. It's not a matter of blaming. It's the next step. I don't think it's a lot of questions. I think it's probably three questions, and we're done. But I think the questions are important because it is part and parcel of the relationship that Ms. Geragos has been able to develop without objection because the relationship is significant, and this is a significant part of the relationship. Along with all the other forms of closeness, they're communicating more. I mean, it's all part and parcel of the time.
THE COURT: I think that you've made the argument for why on Rule 403 grounds it should be excluded because there's other ways in which the testimony can establish the parameters of the relationship: The closeness between Jane and Mr. Combs, et cetera. But the government has raised an issue of unfair prejudice that the only -- what the jury would be potentially like led to believe is that the defense should or the defendant should be looked at in a sympathetic way for reasons that would not be relevant to any element of the claims or that this is an attempt at victim blaming; that it was really Jane's fault that any of this happened because she instigated the incident that took place in June, both of which I'm not even hearing any response that those would be -- the defense agrees that those attempts would be improper. So I'm not hearing anything other than that. And to the extent that there is some argument that this would be relevant to the context of the relationship, the defense has for two days and can continue to establish that at that time there was attempts to -- that they were very close; that Jane wanted the relationship to continue; and that they were -- they had that proximity that the defense indicates it finds relevant.
MR. AGNIFILO: This is one of the few times when he's actually going to her and saying I need your help with something. That is not anywhere else in the evidence. That's not in evidence. That just doesn't happen that way. There's this talk about communication. But this is one of the first times when he goes to her and says: I need your help doing this. So I think that's what it makes it new. That's what makes it different. That's what the other evidence can't do that this evidence does. Like I said, we're talking about a question or two. This is not -- this will be over and done in 15 seconds, and it's important in terms of the context of their overall relationship, which we've been developing for five days.
MS. COMEY: Your Honor, there has been evidence in the record through cross-examination that the defendant spoke to and came to Jane about his drug addiction, about wanting help with his drug addiction, about wanting to go to rehab possibly, and he reached out to her and had those conversations as well. So I do think the defense has been able to establish the points Mr. Agnifilo wants to. The thrust of the relevance of this particular piece of testimony that Ms. Geragos is trying to elicit is Jane should have known better and, therefore, she deserved what she got on June 18 and 19. That is the inference that the jury is going to be implicitly asked to draw by asking these questions. It's wholly improper, and your Honor's order should remain. You should sustain the objection.
THE COURT: The objection is sustained.
(Continued on next page)
(In open court)
THE COURT: Ms. Geragos, you may proceed.
MS. GERAGOS: Thank you, your Honor.
MS. GERAGOS: So you remained, Jane, in contact with Mr. Combs after the video at the Intercontinental was publicized, right?
MS. GERAGOS: And it was fair to say publicized a great deal between May 17 and throughout that summer?
MS. GERAGOS: And you stayed in Miami for a few days with him, right, and then you ended up leaving?
MS. GERAGOS: All right. And this was, fair to say, a very difficult time, from what you understood for Mr. Combs?
MS. GERAGOS: And then you -- he flew to Los Angeles in June, do you recall that?
MS. GERAGOS: And he went on a family trip with him and all of his children, right?
MS. GERAGOS: And it was a road trip?
MS. GERAGOS: And was this road trip put on his kids' social media, fair to say?
MS. GERAGOS: And so during this time he was on this road trip with his children, you had seen some videos and photos of the road trip?
MS. GERAGOS: After he got back from the trip with his children, he comes to your house on June 18, right?
MS. GERAGOS: And you had set up --
MS. GERAGOS: If we could bring it up, E-247 please. It's already in evidence.
MS. GERAGOS: You had set up these champagne flutes, wine glasses and more champagne flutes, right?
MS. GERAGOS: If we could put up E-247-M next to it.
MS. GERAGOS: This is in your kitchen, right?
MS. GERAGOS: Is this before or after Jonathan comes to set up the house?
MS. GERAGOS: So you had -- what were you -- what did you set up at the house, and what did Jonathan set up at the house?
MS. GERAGOS: The red lights that we see?
MS. GERAGOS: And so in this photo, there is the magnum bottle of champagne the Veuve Clicquot, right?
MS. GERAGOS: Hope I said that right. That is bigger than a traditional bottle of champagne, right?
MS. GERAGOS: It is about twice the volume of a standard bottle of champagne?
MS. GERAGOS: Which is approximately like about 12 flutes of champagne, would you say?
MS. GERAGOS: And then you have the two shot glasses right next to it, right?
MS. GERAGOS: Are those for tequila?
MS. GERAGOS: And I think you testified that that night you were both drinking champagne, and then you had -- drank some tequila as well, right?
MS. GERAGOS: So you took this photo and -- at 6/18/2024, June 18, 2024 at 19:01, right?
MS. GERAGOS: And if we could pull up -- so later that evening, do you remember at what time Mr. Combs arrived?
MS. GERAGOS: If we could -- I think that's right -- pull up 250 in evidence and 250-M right next to it.
MS. GERAGOS: And this is a photo that you took of Mr. Combs, right?
MS. GERAGOS: And this is taken at 19:35 right, so about 30 minutes later?
MS. GERAGOS: Were the candles lit at this time, or not yet? Because it's still light outside?
MS. GERAGOS: Okay. So at this time he had come over, he's wearing his Sean John sweater, right?
MS. GERAGOS: Is that the clothing company that he had?
MS. GERAGOS: And you and him are just hanging out in your home, right?
MS. GERAGOS: And you took a photo of him. Is that because you had liked taking photos of him when you guys were together?
MS. GERAGOS: So if we could put up 251 already in evidence and 251-M next to it.
MS. GERAGOS: Is this -- this is a photo on the patio, right?
MS. GERAGOS: So it's outside of the kitchen and living room, and this is an outside area, right?
MS. GERAGOS: So by about 7:35, you and him had already started drinking the champagne, right?
MS. GERAGOS: Could we go to 258, please, already in evidence with 258-M next to it.
MS. GERAGOS: At this time, it looks like it's about 8:30, does that sound right?
MS. GERAGOS: So at this time, was it already dark outside?
MS. GERAGOS: It's in Los Angeles, in the summer it gets dark around 8:00, 8:15, right?
MS. GERAGOS: At that point, you turn on the red lights?
MS. GERAGOS: Are you guys still drinking champagne at this time?
MS. GERAGOS: Had you taken by this time any tequila shots?
MS. GERAGOS: No ecstasy at this point, right?
MS. GERAGOS: Could we put up 261, please, and 261-M.
MS. GERAGOS: This is a photo that this is taken around 8:34, right?
MS. GERAGOS: Are these the candles that Jonathan brought over?
MS. GERAGOS: And this is your kitchen counter, right?
MS. GERAGOS: And you can see it your view up there, and at this point it's dark, right?
MS. GERAGOS: If we could play Government Exhibit 260, please.
MS. COMEY: Confirm it's E-260 for the record.
MS. GERAGOS: I'm sorry, yes, E-260.
(Videotape played)
MS. GERAGOS: You testified on direct that about 30 minutes after this video, that's when you started the fight with Mr. Combs, right?
MS. GERAGOS: If we could go to E-260-M. Yes, E-260-M. Or E-261-M, and put up the metadata of that. Of 260, not 261. I think it's E-260-1-M.
MS. GERAGOS: This is a metadata of the video we just looked at, right?
MS. GERAGOS: If you look at the created date here, it shows the next day of June 19, right?
MS. GERAGOS: At 3:32 a.m.?
MS. GERAGOS: At this point, it's been approximately how many -- five, six, seven hours since he had come over?
MS. COMEY: I'm going to object. I don't think this is in evidence -- I think the question may be misleading. If I can confer with Ms. Geragos briefly, please.
THE COURT: All right.
(Counsel consult)
MS. GERAGOS: Your Honor, with the government's consent, can we please move into evidence Government Exhibit E-260-1-M?
MS. COMEY: No objection, your Honor. And I understand Ms. Geragos is going to clarify the time.
(Government's Exhibit E-260-1-M received in evidence)
MS. GERAGOS: Yes. This is, as you see on the left-hand side there, it says UTC plus zeros, right?
MS. GERAGOS: So it's about seven hours in Los Angeles before 3:32:54 a.m., right?
MS. GERAGOS: So approximately 8:30 a.m.?
MS. GERAGOS: So you testified on direct examination that about 30 minutes after this is when you start the fight with Mr. Combs, right?
(Continued on next page)
BY MS. GERAGOS:
MS. GERAGOS: OK. And at that point how many glasses of champagne would you estimate you had had and that he had had?
JANE: I probably had, like, two. He's probably had, like, two or three and maybe some shots in between.
MS. GERAGOS: OK. How many shots would you say that each of you had?
MS. GERAGOS: OK. And two -- he had two; you had two?
MS. GERAGOS: OK. And you say that, you said that you had a weird, or I think you previously said you had a weird feeling that he had taken the woman that we spoke about on direct examination on that family trip with him, right?
MS. GERAGOS: But you didn't have anything, like, concrete to point to there, right?
MS. GERAGOS: You just had had a feeling that night that she was there?
MS. GERAGOS: And that really angered you, right?
MS. GERAGOS: OK. And so you told us previously, on direct -- I'm sorry, on cross-examination, that you would see social media postings from other women. Yesterday we talked about Gina, right?
MS. GERAGOS: And you saw Gina staying at The Edition, and so that's something that started that discussion with you and Mr. Combs in October, right?
MS. GERAGOS: And then we talked about Caresha's Turks trip, and you had seen some photos on social media there, right?
MS. GERAGOS: And so those were examples of times when you had hard evidence that you believed that these women were with Mr. Combs, right?
MS. GERAGOS: But, here, you didn't have anything showing that that woman had been with Mr. Combs on that trip, right?
MS. GERAGOS: You just that this feeling, right?
MS. GERAGOS: And so -- there weren't any postings or anything else that you saw, right?
MS. GERAGOS: There was no real indication that you had that she was actually there, right?
MS. GERAGOS: And fair to say that this individual is somebody who you and Mr. Combs had fought about -- not physically but fought about verbally during the course of your relationship?
MS. GERAGOS: She lived in Miami when he lived in Miami, right?
MS. GERAGOS: And that was hard for you because he could see her a lot more when you were actually on the other side of the country, right?
MS. GERAGOS: And so she would spend a lot of time with him, and that was hard for you to deal with, right?
MS. GERAGOS: Because you wanted to spend -- as we've talked about you wanted to spend all of that time with Mr. Combs, but you didn't live physically in the same place?
MS. GERAGOS: OK. And so you had this feeling that you thought that she was on this trip. Were you upset because you were in L.A. and he had left from L.A. and he could have taken you?
JANE: I think it was just a ball of emotions that night. There was a lot of just resentment for so many things. It was a ball of emotions that night.
MS. GERAGOS: OK. And you guys were sitting -- after this video you were then sitting at that counter together, right?
MS. GERAGOS: OK. And you started telling Mr. Combs things like don't you think it's weird to date someone who can't buy their own alcohol, right?
MS. GERAGOS: And you started saying some pretty mean and hurtful things, right?
MS. GERAGOS: You called him a pedophile?
MS. GERAGOS: Even though you knew that she was not underage, right?
MS. GERAGOS: OK. And at one point you said he was leaning to tie his shoe, and he was leaning down and you took his head and you gave it a good go into the counter, right?
MS. GERAGOS: When you met with the defense initially, did you tell defense counsel that you slammed his head into the counter?
MS. GERAGOS: OK. And did you tell the government, when you first told them about this incident, that you pushed his head into the counter?
MS. GERAGOS: OK. And then you said on direct that you gave it a good go, right?
MS. GERAGOS: Have you ever done something like this before?
MS. GERAGOS: This is the first time you've done anything like this, right?
MS. GERAGOS: And have you and Mr. Combs ever had a physical altercation like this before?
MS. GERAGOS: This was the first time, right?
MS. GERAGOS: You had never gotten into a physical fight with him, right?
MS. GERAGOS: You had gotten into many verbal arguments, right?
MS. GERAGOS: And we've heard some of those phone calls in this courtroom, right?
MS. GERAGOS: But never anything physical, right?
MS. GERAGOS: And do you recall saying to the government that this push was medium hard?
MS. GERAGOS: OK. And after you pushed his head into the counter, do you recall that you then testified that you took one of the candles that was lit nearby and threw it at him?
MS. GERAGOS: Was that the candle that was on the counter that we just saw in the photo?
MS. GERAGOS: OK. And you testified that you don't recall it hitting him, but you recall wax splattering on him, right?
MS. GERAGOS: I think we're good to continue.
THE COURT: I don't think that was -- I'm getting a shaking of the head, but I don't think that was anything official, Ms. Geragos.
MS. GERAGOS: OK. There's no fire drill? OK.
MS. GERAGOS: And you do this because you're making an assumption about him and this woman, right?
MS. GERAGOS: You had a lot of complicated feelings at this time for Mr. Combs, right?
MS. GERAGOS: You still deeply loved him?
MS. GERAGOS: But you had a lot of mixed feelings that you testified you were trying to work through, right?
MS. GERAGOS: And we talked about the resentment and the regret that you felt, right?
MS. COMEY: Objection. Objection.
THE COURT: Hold on. Can you rephrase.
BY MS. GERAGOS:
MS. GERAGOS: We talked about the resentment yesterday?
MS. GERAGOS: And you said that you thought that regret and resentment are similar to one another, right?
MS. GERAGOS: OK. So during this time you felt resentment, right?
MS. GERAGOS: OK. And do you recall telling the government that at this time you were edgy and you were agitated?
MS. GERAGOS: All right. And you would go back and forth between loving and hating and resenting Mr. Combs?
MS. GERAGOS: All right. And so then you testified that after you threw the candles, that you then threw the glasses at him, right?
MS. GERAGOS: How many initially, just at this part of the night, how many glasses did you throw at him?
MS. GERAGOS: OK. Do you remember which, only if you remember, which of those champagne glasses you threw? Was it the wine glasses or the champagne flute?
MS. GERAGOS: OK. And then as you yelled and threw these candles and glasses -- this one glass at him, you were yelling at him, right?
MS. GERAGOS: And you were still calling him a pedophile?
MS. GERAGOS: And do you remember calling him disgusting?
MS. GERAGOS: And a monster?
MS. GERAGOS: And do you remember telling the government that you did that over and over again?
MS. GERAGOS: OK. And in response, he was saying to you you're crazy, right?
MS. GERAGOS: And he had wax on him?
MS. GERAGOS: OK. And at this point I think you said you felt things were escalating, and so you went into the bedroom, right?
MS. GERAGOS: And so at the time that you went into the bedroom, at this point he had not laid his hands on you, right?
MS. GERAGOS: OK. But at this point when you went into the bedroom, you had thrown the glass at him, right?
MS. GERAGOS: You threw the candle at him?
MS. GERAGOS: Was just one candle at that point or another candle?
MS. GERAGOS: Two. Where was the second one? We saw the first one on the counter. Where was the second one?
MS. GERAGOS: And you had been calling him a pedophile, right?
MS. GERAGOS: And a monster?
MS. GERAGOS: And saying he was disgusting?
MS. GERAGOS: And he was saying you're crazy, right?
MS. GERAGOS: And so you go into the bedroom at this point. Is that -- how far away -- from the photos we've been looking at, at the kitchen area, how far away is the bedroom?
MS. GERAGOS: And so you locked yourself in your bedroom at this point, right?
MS. GERAGOS: And then you testified that he then, I think, kicked the bedroom door open, right?
MS. GERAGOS: OK. And I don't think you testified to this, but do you remember telling the government that he kept saying are you just not going to talk to me?
MS. GERAGOS: OK. And at this point when he went into the bedroom, he still had not touched you, right?
MS. GERAGOS: And you knew by this point, because you had seen the videos, that he had had -- that he had had an incident with Cassie at the InterContinental, right?
MS. COMEY: Objection, your Honor.
THE COURT: Could you rephrase the question.
BY MS. GERAGOS:
MS. GERAGOS: This is about one month after the video had aired on CNN, right?
MS. GERAGOS: When you had seen his actions in that video, right?
MS. GERAGOS: OK. All right. So he says you're not going to talk to me, right?
MS. GERAGOS: And so then you go, after he kicked that door open, you go into the bathroom, right?
MS. GERAGOS: And then he kicks through that door as well, right?
MS. GERAGOS: And does that door lock from the inside?
MS. GERAGOS: Is it a -- there are some doors that lock with a physical lock that goes to the right or some doors that have a button that you press to lock it. Do you know which kind of lock you have?
MS. GERAGOS: OK. And so when he kicked through that door, it wasn't so much that he forced a physical lock; it was a button lock?
MS. GERAGOS: OK.
MS. GERAGOS: OK. And then at that time, do you remember him saying again are you just not going to talk to me?
MS. GERAGOS: OK. And you were telling him to leave at that point. Does that sound right?
MS. GERAGOS: OK. You weren't saying -- is that all you were saying?
MS. GERAGOS: Did you keep saying that you hated him too, or did you only say that you hated him one time?
MS. GERAGOS: What else were you saying?
MS. GERAGOS: OK. And he was trying to get you to talk to him?
MS. COMEY: Objection, your Honor.
THE COURT: That's overruled.
MS. GERAGOS: OK. What was he saying to try to get you to talk to him?
JANE: Just that I was crazy, just a lot of yelling. Like you're not going to not talk to me, and -- I can't really remember, but a lot of --
MS. GERAGOS: OK. If you can't remember, we don't want to push you to remember.
MS. GERAGOS: OK. So at this point you then go into the closet and you lock that door, right?
MS. GERAGOS: OK. And is this lock another push lock?
MS. GERAGOS: It is not, like, a physical turn lock, right?
MS. GERAGOS: OK. And at that point it locks from the inside, and he -- you take this opportunity to try to change your clothes, right?
MS. GERAGOS: And you say that you changed from your dress, which we saw was that brown dress, right?
MS. GERAGOS: And you change into a larger, more comfortable summer dress, right?
MS. GERAGOS: OK. And what kind of heels are you wearing?
MS. GERAGOS: What heels are those, if you recall?
MS. GERAGOS: OK. And so you were not able to take off those heels?
MS. GERAGOS: OK. So you were able to put on a dress?
MS. GERAGOS: OK. You're an active -- you take your working out very seriously, right?
MS. GERAGOS: And you had wanted, I think you testified, to change into something that would make it easier for you to leave the house, right?
MS. GERAGOS: You didn't put on any of your active wear, right?
MS. GERAGOS: You put on the dress?
MS. GERAGOS: Why did you choose that dress?
JANE: Because I slipped out of the tight one and just slipped into a dress I could pull up quickly.
MS. GERAGOS: OK. And once you pulled that dress up quickly, how did you get out of that closet?
MS. GERAGOS: OK. And when he goes into the closet at that point, he still does not hit you, right?
MS. GERAGOS: OK. And it's not until you guys come out of the closet, I think you testified, that you walked towards -- help orient me. Where are you at the next altercation?
MS. GERAGOS: OK. Is it the hallway that's next to the chair?
MS. GERAGOS: OK. And does he say again to you you're just not going to talk to me?
JANE: He says a lot of things. Just a lot of yelling. I can't remember exactly the quotes, but --
MS. GERAGOS: Are you yelling as well?
JANE: I'm just saying, like, leave me alone and just telling him to leave me alone and for him to leave.
MS. GERAGOS: OK. And then you said on direct that that's at that point when you're in, I think when you're in that hallway area is when he comes up behind you and puts you in, I think you said the choke hold?
JANE: He kicks me on the back of the leg, and then I fell on my buttocks and then I was lifted up in a choke hold.
MS. GERAGOS: OK. And you said on direct that you couldn't breathe. Do you recall that?
MS. GERAGOS: OK. Do you recall telling the government, when you first told them this, that you almost couldn't breathe?
MS. GERAGOS: And I just want, if we could just pull up E272, which is already in evidence.
MS. GERAGOS: All right. This is a video from a few days later, right?
MS. GERAGOS: And this is taken at his house in Bel Air?
MS. GERAGOS: And it's about five days later?
MS. GERAGOS: And in this video we're looking at right now, on zero seconds -- it has not started -- we see the discoloration to your eye here, right?
MS. GERAGOS: OK. And then a little bit later, we see -- you could see it right here -- discoloration to the top right part of your head, right?
MS. GERAGOS: OK. If we could just play it for a couple seconds. I'll tell you when to stop.
(Media played)
MS. GERAGOS: All right. If we could stop there. Thank you.
MS. GERAGOS: There was no discoloration to your neck at any point, right?
MS. GERAGOS: OK. And we can take that down.
MS. GERAGOS: And then you said you want to do run away from him because you didn't want to wake up the neighbors, right?
MS. GERAGOS: Because you guys were yelling a lot?
MS. GERAGOS: And you are in a gated community?
MS. GERAGOS: Are the houses very close to one another?
MS. GERAGOS: OK. But you were scared; you didn't want the neighbors to wake up, right?
MS. GERAGOS: And so what time would it have been, if you recall, that you ran out of the house?
MS. GERAGOS: Do you have any sense of how long it was up until, the fight had lasted up until that point?
MS. GERAGOS: OK. And you opened your front door and you said you went and you hid behind a wall for, I think, you said approximately two hours, right?
MS. GERAGOS: And so when you took off your heels, what was Mr. Combs doing? Was he yelling? Where was he?
MS. GERAGOS: OK. And he stayed on your yard or in your house? Where was he when you were leaving?
MS. GERAGOS: OK. And then you walked -- how long would you say you walked? How far?
JANE: Maybe, maybe I walked for, like, just -- I sprinted like, for, like, ten minutes to go behind this wall.
MS. GERAGOS: OK. And so you hid behind the wall?
MS. GERAGOS: All right. And where was your phone?
MS. GERAGOS: Where in the house?
MS. GERAGOS: And then you said you waited approximately two hours, which was an approximation, right?
MS. GERAGOS: And then you walked back home, right?
MS. GERAGOS: OK. And then you saw Mr. Combs when you walked back home, right?
MS. GERAGOS: OK. And he -- he was outside?
MS. GERAGOS: OK. And you and him walked back into the house, right?
MS. GERAGOS: And at that point you approximated it had been several hours, right?
MS. GERAGOS: And so you were -- and I think you were still very upset, right?
MS. GERAGOS: And so when you came back into the house after approximately two hours, you started yelling at him again, right?
MS. GERAGOS: And at that time you start -- would it be fair to say you start going off again about the female?
MS. GERAGOS: And you start telling him again that he's a pedophile?
MS. GERAGOS: And what other things were you saying to him at that time?
MS. GERAGOS: And at that time, just at that time, when you had walked back into the house and you were saying that, he didn't kick you again, right?
MS. GERAGOS: Before the patio, when you walked in and you were yelling at him, he didn't kick you when you walked in, right?
MS. GERAGOS: OK. And then do you remember that then you go to the patio area?
MS. GERAGOS: And is that the area that we were just looking at, that photo of Mr. Combs, that's that area?
MS. GERAGOS: And do you recall that after you started yelling at him, that then you then punched him on the back of his head?
MS. GERAGOS: OK. And at that point -- do you recall telling the government that it was a solid punch?
MS. GERAGOS: And at that point, Mr. Combs responded by punching you, right?
MS. GERAGOS: And he punched you in your eye, right?
MS. GERAGOS: Your eye and then the forehead, right?
MS. GERAGOS: I was just saying eye first. Was it the forehead first?
MS. GERAGOS: You don't know. OK. And is that what led to what we just saw here in that video?
MS. GERAGOS: And you then went into the backyard around the corner, right?
MS. GERAGOS: And that's when you testified that you tried to cover yourself and curl up, right?
MS. GERAGOS: OK. And at that point I think you testified that he kept saying things like I have seven kids and you're trying to make it so that I don't see my kids, right?
MS. GERAGOS: And it was after the point of the fact that -- after you punched him and after he punched you that you said that, right -- that he said that, right?
MS. GERAGOS: While he's saying that is when you were -- when you said that you were on the ground?
MS. GERAGOS: And that's when you say that he started kicking you, right?
MS. GERAGOS: And that's -- at that point you're still telling him that he's a monster and disgusting, right?
MS. GERAGOS: At the point when you're in the backyard you say just leave, right?
MS. GERAGOS: And do you recall on direct that you didn't first mention the patio incident until you started talking about getting Mr. Combs's phone?
MS. GERAGOS: Sure. Do you remember on direct examination you talked about coming back into the house after the period that you had left, right?
MS. GERAGOS: And that you -- Ms. Comey asked you what happened next and, you said I got his phone, right?
MS. GERAGOS: And then Ms. Comey redirected you to say, well, did you go to the patio area. Do you remember that?
MS. COMEY: Objection, your Honor.
THE COURT: That's sustained. Rephrase.
BY MS. GERAGOS:
MS. GERAGOS: All right. Do you recall --
THE COURT: While we're at this point, is there an appropriate time for us to take our lunch break?
MS. GERAGOS: Could I finish this portion and then --
THE COURT: OK. That's why I'm asking.
MS. GERAGOS: OK. Mr. Agnifilo would like me to do it now, so --
THE COURT: All right. We're good. Thank you, members of the jury. We'll be taking our lunch break at this time. Don't talk to each other about the case. Do not look up anything about the case. And do not talk to anyone else about the case. With that, we'll be back after lunch.
(Continued on next page)
(Jury not present)
THE COURT: Jane, we'll see you after lunch.
(Witness not present)
THE COURT: Please be seated. Anything to address before we take our lunch break?
MS. GERAGOS: Not from the defense.
MS. COMEY: No, your Honor, though we'll note that there are some evidentiary issues that we need to address before the next witness, so maybe we could come back a little bit early from lunch to address those.
THE COURT: All right. It's 12:35, and consistent with my earlier allowance of giving a little bit of time for lunch, we'll come back at 1:30.
MS. COMEY: Is that when we should come back to argue those issues, your Honor, or should we come back a little before 1:30 to argue those issues?
THE COURT: Sorry. Excuse me. 1:20.
MS. COMEY: Thank you, your Honor.
THE COURT: How many issues are we talking about?
MS. COMEY: I will defer to my colleagues. I'm not sure. Just one, it sounds like.
MR. DRISCOLL: I think it's probably more than one.
THE COURT: All right. 12:15 -- 1:15, but I would like to see lead counsel for both sides as well as Jane's counsel in the robing room with the court reporter.
MR. AGNIFILO: Your Honor, I'm sorry. Would it be possible to do this in the presence of the defendant?
THE COURT: Yes. Clear the courtroom then?
MR. AGNIFILO: I guess we'll have to do it that way.
THE COURT: Let me have an initial discussion in the robing room and then I'll hear you there. And we can come back out.
MR. AGNIFILO: I'm sorry, Judge. I prefer to do it in the presence of my client.
THE COURT: Fine. We'll do it right here.
MS. COMEY: Your Honor, if it's about the issue we talked about this morning, I do have concerns.
THE COURT: Then let's have a brief sidebar, and then we'll come back.
MS. COMEY: Thank you, your Honor.
(Pages 5824-5831 SEALED)
AFTERNOON SESSION 1:20 p.m.
THE COURT: Please be seated.
MS. GERAGOS: Your Honor, if I could just let you know, that we are setting up the headphones for the very end of the cross, which should happen very soon. We will be using those because of the Voicenotes that we'll play. That way the jurors can hear everything without disclosing identifying information.
THE COURT: That's fine. Do we need to hold off for five minutes before proceeding?
MS. GERAGOS: No. We can -- I'm just letting you know what's going on right now.
MR. DONALDSON: Judge, could we have five minutes, please?
THE COURT: You may.
MR. DONALDSON: Thank you, your Honor.
THE COURT: Mr. Agnifilo, are we prepared to proceed at this point?
MR. AGNIFILO: I don't see Ms. Geragos. Let me just check.
MS. SLAVIK: Your Honor, there were two issues that we wanted to take up before the next witness.
THE COURT: In addition to the exhibit issues?
MS. SLAVIK: So, the exhibit issues, I think, as Mr. Driscoll noted, are multiple, but there are only two specific issues that we need to address before the next witness takes the stand.
THE COURT: Well, here's a question for you. It's 1:30 p.m., and the government has indicated that, if all goes as the government has planned, we may be ending early tomorrow too. I don't have a response to these exhibits that have been identified, so I could just rule on this in real time, but that process is going to take some time. And so the question is, do we need to deal with it now, or should we complete Jane's testimony and then start fresh in the morning?
MS. SLAVIK: That's fine, your Honor. The only thing that I'll flag is that a lot of these evidentiary issues will affect the testimony of a summary witness, who we plan to put on tomorrow. So it's fine. We can, you know, it's been a busy day. We can definitely take this up in the morning, but if we do that, I think that our witness list could change.
THE COURT: Or we could just sequence it.
MS. SLAVIK: Is the Court proposing that we argue after Jane's testimony?
THE COURT: Sure. That wasn't exactly what I had proposed, but --
MS. SLAVIK: Either way, your Honor. The point that I'm trying to make is that the Court's rulings are required for the summary witness, who we planned to put on on Friday.
THE COURT: That's fair. Why don't we complete this witness and then address the exhibits, and then, obviously, if there's some loose end that needs further attention, we can deal with it in the morning, and it won't prevent you from making sure that the summary witness is prepared to testify.
MS. SLAVIK: I think that's fine, your Honor.
MS. GERAGOS: Your Honor, I'm going to keep this device right here. I just want your Honor's permission to do that. I know there has been some argument about things on this side. I just wanted to let you know.
MS. COMEY: No objection, your Honor.
THE COURT: OK. Just so everyone is on the same page, because this issue came up before we took our break. My understanding is that with the exception of that last sidebar, there might have been a technical issue. Otherwise, Mr. Combs has been able to view what is happening at the sidebars. So we'll continue with that approach, and we'll make sure that, to the extent there's any sidebar, Mr. Combs can see exactly what's being said. If there's ever any technical issue that is preventing that from happening, all you need to do is let me know, because it can be a distance issue, so we can make adjustments to make sure Mr. Combs can participate. And if need be, if there's a real technical issue, we can accommodate that with the marshals service. Any issues along those lines, Mr. Agnifilo?
MR. AGNIFILO: No, your Honor. The live feed that we didn't get obviously will be in a transcript that's going to be available for us. Just confirming.
THE COURT: Right. But am I correct that with the exception of that last sidebar --
MR. AGNIFILO: Yes, yes.
THE COURT: -- there's been live access to what has been happening?
MR. AGNIFILO: Sometimes it doesn't work, but if that happens in the future, we'll make sure that your Honor knows.
THE COURT: In the future let me know.
MR. AGNIFILO: Yes.
THE COURT: Because my assumption, and based on consultations with the court reporter's office, that's how the system is designed to work. So let me know if that's not happening.
MR. AGNIFILO: Thank you.
THE COURT: And I'll make sure that it happens. Otherwise, if we have anything that a party requests to be sealed, I think that in those circumstances, what I'm going to do is to keep the broadcast going but then indicate that the transcript will be sealed. This will create a situation where Mr. Combs should be able to see live what is happening, even if that portion of the proceeding needs to be sealed for some reason, but the transcript that ultimately goes out to the public will then be sealed.
MR. AGNIFILO: Understood.
THE COURT: I think that's the way to handle that, and we'll do it at sidebar so that we can afford full access.
MR. AGNIFILO: Thank you, Judge.
THE COURT: With that --
MS. GERAGOS: I'm ready to proceed.
THE COURT: You're ready. All right. Let's have Jane back.
(Continued on next page)
(Jury present)
THE COURT: Please be seated. Welcome back, members of the jury. Jane, you understand you're still under oath. Ms. Geragos, you may proceed when ready.
MS. GERAGOS: Thank you, your Honor.
BY MS. GERAGOS:
MS. GERAGOS: Good afternoon, Jane.
MS. GERAGOS: When we broke for lunch, we were talking about the fight and we were on the early, early hours of June 19. And we were talking about you guys being on the patio of your house. Do you remember that?
MS. GERAGOS: OK. And we talked about how during that argument on the patio you said that you punched the back of Mr. Combs's head, right?
MS. GERAGOS: And that you recalled it being a solid, a medium force punch, right?
MS. GERAGOS: And you don't recall leaving any type of injury, right?
MS. GERAGOS: And then after that, you then said that he punched you twice in the face, right?
MS. GERAGOS: OK. And you said one was your eye and one was your forehead, right?
MS. GERAGOS: And that's when you went to the backyard and you said that you curled up in a ball, right?
MS. GERAGOS: OK. And at that time you said he was kicking you, right?
MS. GERAGOS: And at that time is when you said that he was saying you're trying to get me to never see my kids again, right?
MS. GERAGOS: And he was talking about his children, right?
MS. GERAGOS: And after that, I think that you testified that he then dragged you into the house by your hair and your arm, right?
MS. GERAGOS: And at this time, are you yelling at him, or you're telling him you have to leave, right?
MS. GERAGOS: To stop. OK. And right before that you were saying, I believe you said just leave, leave, leave me alone, right?
MS. GERAGOS: OK. And once you're inside the house, I believe that you testified that you then got his phone, right?
MS. GERAGOS: OK. And you took his phone, and at that time you then called the woman that you were fighting about, right?
MS. GERAGOS: OK. And so you do that from his phone, not from yours?
MS. GERAGOS: And does she answer immediately?
MS. GERAGOS: And do you say who you are on the phone? I'm not asking if you said your true name, but do you say who it is? What do you tell her when she answers the phone?
MS. GERAGOS: Are you FaceTimeing her, are you just calling her regular, do you remember?
MS. GERAGOS: And do you say -- do you remember her saying: What are you doing calling me from his phone?
MS. GERAGOS: And do you then ask her: Did you go to the Grand Canyon with him, I'm asking you woman to woman?
MS. GERAGOS: And at this point it had been approximately a couple hours since the beginning of the fight, right?
MS. GERAGOS: And you're still wondering whether or not she went on the road trip with him, right?
MS. GERAGOS: And she said: Girl, what are you going through right now? You're worried about the wrong things. Right?
MS. GERAGOS: And she said: Woman to woman, you should not be panicking. Right?
MS. GERAGOS: And do you remember that you then hung up the call?
MS. GERAGOS: Do you remember that first -- is it your testimony that you did not first hang up the call before she called back?
MS. GERAGOS: Do you remember her calling multiple times that night?
JANE: Yes. So, after I said that he hung up the phone, and then I think that she called him back to back after that.
MS. GERAGOS: OK. So she called him multiple times after he hung up the phone?
MS. GERAGOS: When she called back multiple times, he answers or do you answer?
MS. GERAGOS: OK. So you only remember just that short portion of the phone call?
MS. GERAGOS: How are you able to then see that she called back multiple times afterwards?
MS. GERAGOS: OK. Before she hung up or at the time when you were speaking, do you recall her calling you some mean names?
MS. GERAGOS: And do you recall her calling you a bitch?
MS. GERAGOS: And that made you pretty upset, right?
MS. GERAGOS: OK. Do you recall then calling her some names?
MS. GERAGOS: OK. Do you recall talking about some of her previous relationships?
MS. GERAGOS: OK. And do you recall, in other words, trading insults with this woman on the phone at this night?
MS. GERAGOS: OK. And do you recall Mr. Combs saying to her: She wants to know if you went on the family trip?
MS. GERAGOS: OK. And what did she say in response?
MS. GERAGOS: OK. Did she say anything -- did she say: Let her mind wander, she needs to fix her life for real?
MS. GERAGOS: She said some pretty insulting things on that phone call, right?
MS. GERAGOS: Did she say you want to make this a beef for no reason?
MS. GERAGOS: OK.
MS. GERAGOS: Do you then remember the call ending?
MS. GERAGOS: OK. And was it after this point that then Mr. Combs calls Jonathan?
MS. GERAGOS: OK. And when he calls Jonathan, did he want Jonathan to also tell you that this woman was not on the family trip?
MS. GERAGOS: OK. And after the FaceTime -- was it FaceTime or a call with Jonathan?
MS. GERAGOS: OK. And after the FaceTime with Jonathan, do you recall then you got into the shower?
MS. GERAGOS: All right. And do you remember that at that point when you got into the shower, I think you testified you were naked but that Mr. Combs was still wearing his pants, right?
MS. GERAGOS: Or shorts or something?
MS. GERAGOS: Do you remember that when you got into the shower, you were still calling Mr. Combs names?
MS. GERAGOS: You were calling him a pedophile in the shower?
MS. GERAGOS: OK. You were saying that he's a son of a bitch?
MS. GERAGOS: OK. Just a bitch?
MS. GERAGOS: OK. Do you remember calling him a piece of shit?
MS. GERAGOS: Do you remember calling him a fraud?
MS. GERAGOS: Do you remember letting out, releasing a lot of feelings you were feeling at that moment while you were in the shower?
MS. GERAGOS: And then I believe that you testified on direct that after you called him those names, then he hit you in the face, right?
MS. GERAGOS: And this wasn't a punch, right?
MS. GERAGOS: That was a slap in your face?
MS. GERAGOS: And then you kept calling him those names?
MS. GERAGOS: And the slap happened two more times?
MS. GERAGOS: It was three times total?
MS. GERAGOS: And after that, I believe you testified that then you sat down and you kind of froze, right?
MS. GERAGOS: OK. And then do you remember Mr. Combs saying to you: We've never fought like this before and now the lawsuit comes out and now you're attacking me?
MS. GERAGOS: And it was after those points?
JANE: I think at this point I had just reached my breaking point in the relationship just for my own feelings, not anything lawsuit-related, just even in my own ending of the relationship, as you all know how I was feeling.
MS. GERAGOS: OK. But it was after the point of the shower where then he says to you: We've never fought like this before. Right?
MS. GERAGOS: And he says: And then the lawsuit comes out and now this happens?
MS. GERAGOS: And he says: Now you want to attack me. Right?
MS. GERAGOS: Then he said: Why would you think that this woman is on the family trip. Right?
MS. GERAGOS: OK. And it's after this point, I believe, that then the fighting is over, right, after the shower, the physical part of the fight, I should say?
MS. GERAGOS: OK. So if you could orient me so that I have a total understanding and the jury has an understanding, the last time that there was a physical altercation between you two that night is when you were in the shower, right?
MS. GERAGOS: OK. And at that time did you then turn the water off?
MS. GERAGOS: OK. And then you sat down in the shower?
JANE: I remember I was sitting by the bathtub. I was just sitting down. I think I had a pounding headache.
MS. GERAGOS: OK. And then he's saying to you: Why would you think this woman was on the family trip. Right?
MS. GERAGOS: OK. So at this point you had sat down near the bathtub, and I think we looked at the bathtub in some of the photos maybe yesterday or the day before when you were looking for the house, right?
MS. GERAGOS: Was that the bathtub, is it the same bathroom?
MS. GERAGOS: OK. And at that time you were still yelling at one another?
MS. GERAGOS: Oh, you're not anymore?
MS. GERAGOS: OK. So by then there was no more physical violence between the two of you?
MS. GERAGOS: OK. And at that point he says put on an outfit, right?
MS. GERAGOS: And that's when you understood that to mean a lingerie outfit, right?
MS. GERAGOS: OK. And then did you put on the outfit?
MS. GERAGOS: OK. And where do you guys, where do you guys go from there?
MS. GERAGOS: Let me make my question more specific. What room of the house, if any, do you go from there?
MS. GERAGOS: And is that the room where you have the screen share for the TV?
MS. GERAGOS: OK. And at that point you say that he takes your phone to text Antoine, right?
MS. GERAGOS: OK. And you say let me think about it and you walk away, right? Is that what happened?
MS. GERAGOS: OK. Do you remember telling the government that at that point you said let me think about it and then you walked out of the room?
MS. GERAGOS: OK. So he was in the room at one point without you being in the room, right?
MS. GERAGOS: And I think you testified, or correct me if I'm wrong, that's when you think that he scrolled up on your phone to see the messages between you and Antoine, right?
JANE: I think he was already in the messages and had already said hi to Antoine when I walked in, so he was already in the text thread.
MS. GERAGOS: OK. So in the text thread then he sees a message between you and Antoine, where Antoine mentions something about your mutual friend, right?
MS. GERAGOS: And that is in reference to the night in January when you go to Las Vegas?
MS. GERAGOS: OK. And up to that point, Mr. Combs didn't know anything about your trip to Las Vegas, right?
MS. GERAGOS: OK. So then you remember, and I think you said on direct that you weren't sure how long it was but then Antoine comes over to your house, right?
MS. GERAGOS: And we've talked about how you live in a gated community, right?
MS. GERAGOS: So you had been wearing lingerie, and then I think on direct you said you changed into sweats or something to go get into your car and to go and get Antoine, right?
MS. GERAGOS: OK. And how long of a drive is it from where you are in your gated community to where the guard is?
MS. GERAGOS: OK. So about half a mile, maybe?
MS. GERAGOS: OK. And so you drive and you go and get Antoine from the guard station?
MS. GERAGOS: OK. Does he call you to say he's there, or how does he alert you to say that he's at your home?
JANE: Yes, he says he's at the back entrance, and I would need my card to open that gate, so I have to go and get him, and then he follows me through the gate.
MS. GERAGOS: OK. Had he been to your home before?
MS. GERAGOS: All right. And so did you pick him up into your car or you just let him in his vehicle and drive into where your house is?
MS. GERAGOS: All right. And at this point you let him in, you don't drive away, right?
MS. GERAGOS: And when you come back in -- how long, actually, how long does it take Antoine to get to your house after Mr. Combs texts him from your phone?
MS. GERAGOS: OK. And at this point you had not -- we talked about you had some champagne and tequila, right?
MS. GERAGOS: But you had not taken any drugs yet, right?
MS. GERAGOS: So when Antoine comes, the three of you -- at this point it's light outside?
MS. GERAGOS: OK. And the three of you, where do you go from there when he arrives?
JANE: When he arrives, we just make small talk and -- and then he just is, like, in the living room area, and he just waits around a bit. And then we invite him into the bedroom.
MS. GERAGOS: OK. And so the three of you go into the bedroom, right?
MS. GERAGOS: And then I think you testified that you remember Mr. Combs staring at you when you were in the bedroom, right?
MS. GERAGOS: And he wanted -- he asked you to leave, and you guys went to the guest bedroom at that point, right?
MS. GERAGOS: And he asks about the text exchange. He said: You don't have a mutual friend with this guy. What is he talking about? Right?
MS. GERAGOS: And at that point you tell him about the Vegas trip, right?
MS. GERAGOS: Did you tell him -- did you tell him about going on the private plane?
MS. GERAGOS: OK. Did you tell him about flashing your breasts?
MS. GERAGOS: OK. Did you tell him at that point about putting the rapper in touch with Kabrale?
MS. GERAGOS: OK. At that point what did you tell him?
JANE: I just told him that I went to, with my friend, to this rapper's birthday party celebration for his girlfriend in Las Vegas and that -- I told him all the events that we did, and up to the hotel room, and how I just saw Antoine doing what he was doing, and then -- but we left in, like, 20 minutes and nothing happened.
MS. GERAGOS: OK. And fair to say Mr. Combs got real upset about this event, right?
MS. GERAGOS: And he said how could you go to another man's freak-off?
MS. GERAGOS: And he was really upset that -- I think you said on direct that he thought that Antoine had something over him, right?
MS. GERAGOS: And because he didn't know, he being Mr. Combs didn't know that you had gone to Las Vegas, right?
MS. GERAGOS: OK. And he was, I think you said, pretty crazed, right?
MS. GERAGOS: And then you guys go back to the bedroom, right?
MS. GERAGOS: And that's the point, at which point I think you said you were either in the bedroom or the bathroom, where he then gives you the pill, right?
MS. GERAGOS: It was around this time?
MS. GERAGOS: OK. And at that point you testified that Antoine's in the living room part of the master bedroom, right?
MS. GERAGOS: And you said that the bathroom door wasn't able to fully close but it was as closed as fully possible?
MS. GERAGOS: And then Mr. Combs was saying go out there and fuck him, and you said I don't want to, right?
MS. GERAGOS: And so then after that, you testified that he said is this coercion and you just looked at him, right?
MS. GERAGOS: OK. And then you said he was really close to your face, right?
MS. GERAGOS: OK. And then you went out into the bedroom and you had consumed the pill after that. Do you remember that?
MS. GERAGOS: And that was an ecstasy pill?
MS. GERAGOS: And did Mr. Combs take an ecstasy pill?
MS. GERAGOS: OK. And then after that, you performed -- you didn't have sex with Antoine, right?
MS. GERAGOS: You performed oral sex on Antoine, right?
MS. GERAGOS: And then no other sexual acts on Antoine, is that right?
MS. GERAGOS: OK. And you said that it lasted until he finished, right?
MS. GERAGOS: OK. And after that, you excused Antoine, right?
MS. GERAGOS: You told him he could leave?
MS. GERAGOS: And did Antoine leave after that?
MS. GERAGOS: And did Mr. Combs have any interactions with Antoine?
MS. GERAGOS: And you didn't tell him about any of the violence, right?
MS. GERAGOS: Because you had put on makeup, right?
MS. GERAGOS: Who cleaned up the glass before Antoine came over?
MS. GERAGOS: OK. How long did that take?
MS. GERAGOS: And did you clean up the candles as well?
MS. GERAGOS: OK. And you then told -- once you excuse Antoine, you told him that you would send him money later?
MS. GERAGOS: OK. And do you remember after that, I think you testified that Mr. Combs started getting dressed immediately, right?
MS. GERAGOS: And usually after hotel nights or entertainment nights, after the entertainment leaves, that's when you guys have the time to finally connect, right?
MS. GERAGOS: And that's when you guys have quality time together, right?
MS. GERAGOS: And you cuddle and you say nice things to one another, right?
MS. GERAGOS: You talk about your love for one another?
MS. GERAGOS: And so, am I fair to say that this is the only night that you don't do that when entertainment leaves?
MS. GERAGOS: And that was pretty surprising to you, right?
MS. GERAGOS: OK. You were in a daze, and it was the only time where you didn't have the loving connection time with your partner after entertainment left, right?
MS. GERAGOS: OK. And that's when Mr. Combs again started saying, I can't believe you went outside of us, I can't believe you went to another man's freak-off, right?
MS. GERAGOS: OK. And he was talking about that rapper?
MS. GERAGOS: OK. And you also had your hair down and were covering your injuries as well, right?
MS. GERAGOS: And at this point it was fully morning?
MS. GERAGOS: And when Mr. Combs -- afterwards and after Antoine left, was there any further physical violence between the two of you?
MS. GERAGOS: Were you just sitting there or did you say anything else after he was talking on and on about how you went to another rapper's freak-off?
MS. GERAGOS: At that point you said finally J9, his security, picked him up, right?
MS. GERAGOS: And then you testified that you and Mr. Combs were missing each other so much over the next few days. Do you remember that?
MS. GERAGOS: And at this point you guys kept calling one another, right?
MS. GERAGOS: A lot of text messages and calling each other?
MS. GERAGOS: OK. And then you end up going to his house in Bel Air a couple of days later, right?
MS. GERAGOS: And you guys spent a lot of time together, that entire day together, right?
MS. GERAGOS: And the next, like, one to two days with one another?
MS. GERAGOS: And that's when you testified that he broke up with you, right?
MS. GERAGOS: OK. What do you mean by that, how you would be breaking up?
JANE: It seemed like he was proposing the idea of breaking up, and I was just listening to him. It was like eight or nine hours of the breakup conversation.
MS. GERAGOS: OK. And then you -- in that time when you were at his house, on the 24th or the 25th, for those two days, you both took drugs together that day, right?
MS. GERAGOS: And no entertainer comes that day, right?
MS. GERAGOS: Or the next day, right?
MS. GERAGOS: And you spent those evenings with him?
MS. GERAGOS: OK.
MS. GERAGOS: And could we pull up what is -- let me see, one moment -- already in evidence -- give me one second. All right. Could we pull up what's already in evidence as E272. It's not working. My screen is not working.
THE COURT: I don't think it's coming up anywhere.
MS. GERAGOS: Your Honor, may I have a moment?
THE COURT: You may.
(Media played)
BY MS. GERAGOS:
MS. GERAGOS: All right. And that was the day that then, or one of the days where you were there at his house on Mapleton for several days, right?
MS. GERAGOS: A couple of days?
MS. GERAGOS: You spent maybe two nights there, does that sound right?
MS. GERAGOS: And I think you said on direct that he was saying, we'll break up but we'll be best friends, right?
MS. GERAGOS: Because you guys had been talking about what a deep connection you were really forming that year in 2024, right?
MS. GERAGOS: And so you were trying to use the same word that he was using, which was bestie, afterwards, right?
MS. GERAGOS: OK. And after that, you also -- fair to say that you had sex those two days?
MS. GERAGOS: And again, no entertainer was there?
MS. GERAGOS: OK. And afterwards, you left Mr. Combs, you went back to your home, right?
MS. GERAGOS: OK. And you didn't ask Mr. Combs what he was doing over the next few days, right?
MS. GERAGOS: And then you find out from a media company that he ended up going to Wyoming over Fourth of July, and you saw some photos, right?
MS. GERAGOS: And that's when you testified that you, too, were on board with breaking up, right?
MS. GERAGOS: That really hurt you, right?
MS. GERAGOS: OK. Because you were home and you were upset to see him traveling with another woman?
JANE: I was home with a black eye and just recovering from a really bad night and being forced to have sex with Antoine and --
MS. GERAGOS: OK. Just --
MS. GERAGOS: -- my question is, you were home with a black eye, right?
MS. GERAGOS: And you didn't have sex, you didn't have intercourse with Antoine, right?
MS. GERAGOS: You had oral sex, right?
MS. GERAGOS: And I just want to be clear. At the time that Antoine came over to your home, the fighting had stopped, right?
MS. GERAGOS: OK. I just want to be clear on that. And so after that, you had also agreed to break up with him, right?
MS. GERAGOS: After you saw Wyoming, you testified on direct that you were clear that you wanted to break up with him, right?
MS. GERAGOS: And after, I think you testified but say it again, after the evening on June 19, you were telling Mr. Combs how much you really missed him, you had a lot of texts and phone calls back and forth, right?
MS. GERAGOS: So that's why you then went to his home for multiple days, right?
MS. GERAGOS: And he was saying let's figure out a way to break up, right?
MS. GERAGOS: After you saw he was in Wyoming, then you block him and really everyone associated with him, right?
MS. GERAGOS: And then you testified that you saw, in July, that his mom was sick, right?
MS. GERAGOS: And so you unblock him and you reach out to him?
MS. GERAGOS: All right. I would like to admit into evidence under seal, your Honor, I believe with consent of the government, Defense Exhibit 3311, please.
MS. COMEY: No objection, your Honor.
MS. GERAGOS: This is something that we will play using these headphones. I'm not really sure how to use them, but if the jurors could use them and the witness as well.
THE COURT: Is there someone who could give the jurors an appropriate instruction as to their use?
MS. COMEY: If it's all right, your Honor, I can try.
THE COURT: Cooperation is always good.
(Defendant's Exhibit 3311, under seal, received in evidence)
MS. GERAGOS: All right. And could we -- I hear music. Is that right?
MS. COMEY: The music was apparently a test to make sure they work. So if you're hearing music, it's working.
MS. GERAGOS: All right. If we could start at 34 seconds.
THE COURT: It's OK if you're not hearing music now. I think that there was music playing. Now there's not music playing. When we start with the exhibit, if any of the jurors cannot hear, just raise your hand and we'll resolve the issue. Ms. Geragos.
(Continued on next page)
BY MS. GERAGOS: (Continued)
MS. GERAGOS: Could we please start at -- we won't start it right now, but 34 seconds on 3311, do you see you write to Mr. Combs: And I take accountability for participating in these nights with you. I should have known I was never going to get a trip after the first year. I just feel stupid about myself.
MS. GERAGOS: And he says: And I'm sorry that I didn't tell you that night exactly how I felt and how do you know it was time to move on, but I just really want to get out the house safe that was, right?
MS. GERAGOS: And you respond: Yeah, it was a painful night for the both of us, very heartbreaking. Both just done in our own way. And you say: We did too much. We were trying to operate in a relationship that was bound to end like this, disastrous. The math was there. It was inevitable. Both of our feelings are extremely hurt. Trust me. I know your heart hurts like mine does, and there's no going back, right?
MS. GERAGOS: Could you play until 41 seconds?
(Audio played)
MS. GERAGOS: I will read this part so that -- it's okay we don't need it right now I'm realizing.
THE COURT: Are we going to need the headphones?
MS. GERAGOS: We will need them but not at this moment.
MS. GERAGOS: I'm going to read his response, okay? He says: Yeah, but don't get it twisted baby. I still got love for you. It's just like I'm Puff. Like you doing too much running around. I'm not going to belittle myself for somebody named Bear or my friends. This just overwhelming, right?
MS. GERAGOS: And Bear is in reference to the Bear who sent the $9,000, right?
MS. GERAGOS: And the friend is in reference to the rapper, right?
MS. GERAGOS: He says: I'm dealing with this shit with my mother. I'm dealing with this shit that's all over the news. I can't deal with this shit, right?
MS. GERAGOS: He says: I don't really care you will be. I just wanna be friends, you know saying I'm so so so so so so sorry. Any time I hurt you. Any time I made you feel nasty any time. And I didn't take you on a trip because I was tripping, and not just one in the fucking whole scandal with a baby daddy, I should have. I'm on the fuck now and as friends we're going to go to grease, we go to Italy, we're going to do some traveling and we want to make this, right?
MS. GERAGOS: And if we could press play, I don't think there's any sound right now. You can keep going. Then you write: Trust has been broken on both ends, and we both understand that. I wish you the very, very best with you and Jesse and Yung. it was never going to be me anyways. I don't really want to hear the fake future planning with me. You and KK would have talked yourselves into paranoia before you allowed any trip to finally happen for us, so we're both doing ourselves a favor, right?
MS. GERAGOS: And that reference to you and KK would have talked yourself into paranoia because as you discussed earlier on examination, you and KK didn't necessarily get along, right?
MS. GERAGOS: And so you felt like she would sabotage the relationship, right?
MS. GERAGOS: And not bring you on trips, right?
MS. GERAGOS: All right. Now I think if you play this -- now I believe it's the time for the headphones. We press play.
(Audio played on headphones)
MS. GERAGOS: Can we pause it, please. I'd like to give the witness headphones. I didn't realize she didn't have any.
THE COURT: Let's do it again from the top.
MS. GERAGOS: Now we can press play.
(Audio played)
MS. GERAGOS: Pause it there. Thank you.
MS. GERAGOS: So there you respond: In all honesty. And he says: I love you, right?
MS. GERAGOS: And he brings up OnlyFans there. And at that time, it's approximately July of 2024. You have been on OnlyFans for like four or five months?
MS. GERAGOS: So you're earning a pretty good income from it, right?
MS. GERAGOS: And he's saying, you know, you can have the house, he just doesn't want any problems, right?
MS. GERAGOS: He's indicating he's going to continue paying for the house, right?
MS. GERAGOS: And that he just needs some grace, he loves you, right?
MS. GERAGOS: And you guys -- is this one of kind of the conversations you would have with one another about your feelings around this time?
MS. GERAGOS: Okay. And then you respond to him and you say: I didn't do no running around. I sat down for three and a half years. Please stop acting like I didn't shelf myself to be just only your girl. It's rude to not give me that credit, right?
MS. GERAGOS: And if we could play again -- I don't think we're going to listen to a voice note. We could just play it. Pause it. He says: I don't care about them. I care about you, but it's your life, we do what we want to do, right?
MS. GERAGOS: That's when you ask him: Why was it so hard to compromise with me? Why couldn't we do hotel nights and also balance it with traveling privately, right?
MS. GERAGOS: And the privately is because you guys had agreed to keep your relationship for many reasons on the -- private, right?
MS. GERAGOS: And you said: Why did I always have to do what you wanted to do and we never did things I wanted to do, right?
MS. GERAGOS: And then a couple messages down you say: I just catered to your needs so that's also something I enjoyed, right?
MS. GERAGOS: And then you ask: Did the other girls just pressure you more for trips? I just want to see where I went wrong because it bothers me, right?
MS. GERAGOS: Okay. And so then you guys are -- continue to speak throughout the month of July once you unblock him, right?
MS. GERAGOS: And if we could take this one down and pull up what's already in evidence as Government Exhibit E-332, okay. And if we play that, I think we can play it without headphones first, I think.
(Audio played)
MS. GERAGOS: You say -- he says: Baby, we was about to start traveling but at the end of the day just so unhealthy, and I have nothing but love, anything I've done to you. I'm sorry. The only thing I can wake up the sun shines in the morning, and I could just to try to do better. I just wanted you to just really like know honestly you know rapper as Puff as me like, there's a lot of things that can be done, but this one was just too far for me being who I am saying. You could talk about like Jesse and talk about you getting on the jet being in a freak off, and it's just like I got to accept that light. You are sneaky, you are curious, and you should be able to be free life, but like disrespecting me, and then with my friends. That is my friend and I'm saying we having to be all right. We just disagree. I realize everything that was going down in my heart I was okay like where we should stop at to keep everything healthy. We need to stop some toxic shit. I wish you the best love, right?
MS. GERAGOS: If you could press play to -- press play.
(Audio played)
MS. GERAGOS: And stop.
MS. GERAGOS: At the bottom you say here -- you guys talk back and forth to each other. We looked at this exhibit, right?
MS. GERAGOS: And he asks you: What happened? You okay? Anything I can help with, right?
MS. GERAGOS: And you say: I'm the problem and always had been and treating me like that was unfair, right?
MS. GERAGOS: And you said: I had to accept you. You didn't accept me and uncomfortable. And when we broke up, I went to one birthday party, right?
MS. GERAGOS: And you say: Not with the rapper. Not for a freak off. I was with my friend, right?
MS. GERAGOS: And you say: At least you could understand that it wasn't cool to just have me doing hotel nights and everyone got private jets around the world, right?
MS. GERAGOS: And you say: I don't even have anything post worthy from this relationship, right?
MS. GERAGOS: Post worthy there I think we talked about means something that you could put on Instagram or otherwise. You talked about that's what post worthy means, right?
MS. GERAGOS: If you could play until the second ten. Pause it. And then you say here: And it's my fault -- there's some texts in between. You say: It's my fault for doing things that didn't align with me just to impress you and hope to finally get out of the box you put me in, right?
MS. GERAGOS: And if we could go ahead, because this is a long exhibit, to two minutes and 58 seconds.
MS. GERAGOS: And you write there: I had pent up frustration that I could have been living a beautiful life, and I wasted inside of hotel rooms doing things ultimately led me to one of the biggest scandals and nightmares of my life publicly and privately and now with your child's father, correct?
MS. GERAGOS: And if we could press play now.
(Audio played)
MS. GERAGOS: Hit pause.
MS. GERAGOS: You say: I'm dealing with a lot of disappointment with myself. I should have stayed away. I was frustrated that in my late 30s I didn't have that time to give. Is that in reference to your age and you didn't have the time to dedicate to another man where it wasn't going to lead to something in the future?
JANE: I would say just dedicate to, I guess, all the -- just stuff I didn't anticipate in this relationship, yeah.
MS. GERAGOS: Okay. And we can play again.
(Audio played)
MS. GERAGOS: All right. If we could pause it. Thank you.
MS. GERAGOS: And the last thing that you reference, is that in reference to your child's father?
MS. GERAGOS: And then he says -- then sends another message and says: Let's just -- when he says making so we couldn't move like that, that's in reference to you guys keeping the relationship private, right?
MS. GERAGOS: And he says: Let's just with no beef just stay away from each other now, right?
MS. GERAGOS: And you said: All I wanted was to give that time to you and experience traveling with you. That's it. I could have traveled the world and back in three and a half years, but I just wanted to experience those moments with you, right?
MS. GERAGOS: And then he responds. And then you say: And my dumb ass thought maybe if I fucked more and did more hotels, I'll finally get a trip, right?
MS. GERAGOS: And then you send a clown emoji?
MS. GERAGOS: He says: The Bear shit let me know what it really is, right?
MS. GERAGOS: After these messages, this one was July 15, after these messages, he then says something like: Let's just hit the reset button and get away and plan a trip, right?
MS. GERAGOS: That's when you fly to Miami and stay at the Four Seasons?
MS. GERAGOS: And you were looking forward to doing that and having a small get away with him, right?
MS. GERAGOS: And that was the first time since the video that we saw when you were at his house that you saw Mr. Combs, right?
MS. GERAGOS: And that's what we saw if you pull up Government Exhibit E-102, which is already in evidence.
MS. GERAGOS: I think you said that that was this message that you screenshotted where you say: Get on the plane. Get on the plane. Get on the plane, right?
MS. GERAGOS: And then you see him in July, and you guys go to the Four Seasons in Miami, right?
MS. GERAGOS: And you said it was a really nice time, right?
MS. GERAGOS: And when you saw him, he was calm, right?
MS. GERAGOS: And you were happy to be staying at the Four Seasons, right?
MS. GERAGOS: You personally chose that hotel, right?
MS. GERAGOS: We could take this down.
MS. GERAGOS: And when you were in Miami, you and him started taking drugs when you saw each other, right?
MS. GERAGOS: And you were enjoying yourself, and you were laughing, and you were dancing, right?
MS. GERAGOS: And you were really having a good time together, right?
JANE: To a point. There was a little moment, but yes for the most part, we were having a good time.
MS. GERAGOS: Okay. And you were having intimate conversations, right?
MS. GERAGOS: And do you remember telling the government you were finally getting the princess treatment that you wanted?
MS. GERAGOS: And you were talking to each other that trip about how much you loved each other, right?
MS. GERAGOS: And you were spending time with him in the way that you had craved, right?
MS. GERAGOS: And then at one point, do you recall telling Mr. Combs that you kind of missed Paul?
MS. GERAGOS: Okay. And he was really -- and this was because you genuinely did miss Paul?
MS. GERAGOS: Okay. So you -- as we said, you had taken drugs with Mr. Combs, right?
MS. GERAGOS: And then when you were with him, and you were both taking drugs, you said you missed him, and you genuinely missed him at that moment, right?
MS. GERAGOS: Okay. And you also wanted to make Mr. Combs happy, and he was happy when you suggested that, right?
MS. GERAGOS: So you guys ended up calling Paul?
MS. GERAGOS: Okay. And he picked up, and he said: I'm not in Miami, right?
MS. GERAGOS: And then he said: I'll be there in a few days, right?
MS. GERAGOS: Over the course of the next few days, you and Mr. Combs stayed with each other, right?
MS. GERAGOS: And then Paul comes over. At that point, you weren't at the Four Seasons any more, right?
MS. GERAGOS: At that point, you had gone back to his home?
MS. GERAGOS: Okay. And Paul ends upcoming over a few days later, right?
MS. GERAGOS: And then when Paul comes over, you then said you took a different type of drug, right?
MS. GERAGOS: And you had -- it had been many, many -- at least three days, I think you said, from the time you called him to the time Paul came over, right?
MS. GERAGOS: And I think it was about a Wednesday, you said, that he ended up coming?
MS. GERAGOS: Okay. And when -- that was your last time that you ended up seeing Paul, right?
MS. GERAGOS: And you said that you made love to him that night?
MS. GERAGOS: And it was a really great sexual experience, right?
MS. GERAGOS: And you felt in control, right?
MS. GERAGOS: And that trip, it holds really good memories for you, right?
MS. GERAGOS: And you got to do what you wanted to could that night?
MS. GERAGOS: And it felt -- do you remember saying it felt less like a live performance and more just like a fun group activity?
MS. GERAGOS: Do you remember telling the prosecutors that that night was a love fest?
MS. GERAGOS: And you testified that when you were with Mr. Combs that night, that you got tired, and Mr. Combs got angry and he splashed water on you. Do you remember that?
MS. GERAGOS: It was before you phoned Paul?
MS. GERAGOS: Do you remember the first time you told that to the government?
MS. GERAGOS: You had a new memory. Do you remember that being on June 1 of this year?
MS. GERAGOS: And so you had told the government many times about this night with Paul, right?
MS. GERAGOS: You had told them approximately four times before June 1 of this year, right?
MS. GERAGOS: And on June 1 of this year, that was five days before you started your testimony, right?
MS. GERAGOS: And you told them about this new memory of him splashing the water on you, right?
MS. GERAGOS: And at that point, you had been doing drugs with Mr. Combs, right?
MS. GERAGOS: And you told them on June 1, well, I have this new memory, and he splashed water on you after you took ecstasy, right?
MS. GERAGOS: I'm only asking if that's what you told the government on June 1?
MS. GERAGOS: On June 1, that was five days before you started your testimony, right?
MS. GERAGOS: Do you remember telling the government on that day that you had a new memory of the July trip in Miami?
MS. GERAGOS: Do you remember telling them that he was yelling at you, and he started -- he took a water bottle, he was pacing and, he started splashing water in your face?
MS. GERAGOS: And that he at the point was saying: Fucking bitch, I fly you out here. And then said: You're not a bitch. I'm sorry for calling you a bitch?
MS. GERAGOS: And that the very first time you told that to the government was five days before you testified today -- at this trial?
MS. GERAGOS: Okay. So then you leave Miami, and you and Mr. Combs -- do you stay together? You keep talking?
MS. GERAGOS: Okay. And you ended it on a fight because he was talking to either Jesse or Caresha, right?
MS. GERAGOS: Okay. And do you remember then screen recording more conversations between you and Mr. Combs on August 6 of 2024?
MS. GERAGOS: Could we pull up Defense Exhibit 3306, please, if is this the recording you took on August 6 of 2024?
MS. GERAGOS: I believe with consent of the government, we'll be offering this under seal.
MS. COMEY: No objection, your Honor.
THE COURT: Defense Exhibit 3306 will be admitted under seal.
(Defendant's Exhibit 3306 received in evidence)
MS. GERAGOS: Here we are at nine minutes and 31 seconds into this recording, and here you say to him -- is it fair to say in the first nine minutes, you and him are going back and forth and bickering with each other?
MS. GERAGOS: You reviewed this exhibit before, right?
MS. GERAGOS: Okay. And this is a screen recording from your phone, right?
MS. GERAGOS: So you say at the top: I appreciate and love you so much. I still will and always will mean all the loving things I say to you. I just thought about hugging you and kissing you and feeling so close to you in many of our moments in the room and at your place, right?
MS. GERAGOS: If we could play. I think the recording will play.
(Audio played)
MS. GERAGOS: Pause there, please. Go up a little.
MS. GERAGOS: So there you say: You're so right, I'm back in love with your ass. Damn, these were some of the best moments together we've ever had, right?
MS. GERAGOS: He says in that voice mail: You hit me with the pill, right?
MS. GERAGOS: That was in respect to ecstasy, right?
MS. GERAGOS: He's not saying you hit him physically. He's saying you hit him with the ecstasy. You gave him the ecstasy pill, right?
MS. GERAGOS: If we could play so we could see those messages below it, and then pause. Pause. Thank you. You say: The love energy is so undeniable. It's electrifying, right?
MS. GERAGOS: Then you say: Baby, you're so right. I just got here and I just like really took a trip again. And then you talk about the date you sent that, 1/23, our anniversary date. Love you so much. I love us and our friendship, our connection, our love, every single day was everything, right?
MS. GERAGOS: If we could keep playing. Pause. Go back a little so we could see those messages. He says: Have a happy day, right?
MS. GERAGOS: And you say: You too my love. Our kiss rhythm. Cold plunge. Fuck it button finally. And you say Kobe Jordan, with some emojis, right?
MS. GERAGOS: Is that in reference to you guys calling each other Kobe, Jordan and Shaq?
MS. GERAGOS: Why are you Kobe?
MS. GERAGOS: Okay. Why is he Jordan?
MS. GERAGOS: New Hall of Famer, what does that mean?
JANE: Oh, I guess -- should I detail that? I mean, he's just saying that like I'm in the hall of fame.
MS. GERAGOS: Because you guys would refer to each other as like the best basketball stars who have ever lived, right?
MS. GERAGOS: And then you sent him some more emojis, right?
MS. GERAGOS: And you say: Dinner giving Pamela Anderson Carmen Electra, are those melons?
MS. GERAGOS: Is that referring to you?
MS. GERAGOS: And then it says: Baby, can we take five minutes? My heart is beating out my chest. It's too much for me, right?
MS. GERAGOS: And that's referring to the love you guys had for one another at the dinner?
MS. GERAGOS: About you?
MS. GERAGOS: If we could play just one more second and pause. Is that Kobe?
MS. GERAGOS: And then he sends some laughing emojis?
MS. GERAGOS: And then Kobe again dunking?
MS. GERAGOS: Can we play again? And pause. Kobe and Jordan, right?
MS. GERAGOS: And you say: Learn from the best. This is so us, right?
MS. GERAGOS: And you said: I need to get better at taking pics of us together, right?
MS. GERAGOS: And you said that you often took photos of just him?
MS. GERAGOS: And you wanted to take photos of you guys, right?
MS. GERAGOS: And this was after your trip in July, right?
MS. GERAGOS: Okay. And you said: You did, you beyond did your best. You surpassed it. You made me very happy. You gave me so much love. And you say -- you do a heart emoji, right?
MS. GERAGOS: And then what do you say in the rest of that?
JANE: I say: I value your energy for me so much. You always show up for me. You do. I deeply cherish you. Never take you for granted. Always going to reciprocate and multiply how you make me feel. You def my Michael Jordan, and I'm Kobe for sure LOL. You're the greatest. Detox weekend and week babe. We got to reset our gut health, hormone levels, and mental clarity.
MS. GERAGOS: We can take this down now. Actually, we can go ahead to 10:38, I think.
MS. GERAGOS: Do you say -- he says here -- you say at 10:40: Good morning handsome. Wishing you a beautiful day. Do you see that?
MS. GERAGOS: And he says: You too beautiful. Can you please find a therapist, right?
MS. GERAGOS: At that time, were you guys talking about seeing couples therapist?
JANE: I think that at this time it's like we loved each other so much, but then all like the toxic stuff was still coming up.
MS. GERAGOS: And you were talking through it, and he says: Can you please find a therapist, right?
MS. GERAGOS: And you say: Yes, I will babe, right?
MS. GERAGOS: And thank you again for a beautiful time. I had the best memories with you, right?
MS. GERAGOS: And then you saw him one more time after that you flew to Miami in August, right?
MS. GERAGOS: And you also said that trip ended on a positive note as well, right?
MS. GERAGOS: Do you remember meeting with defense counsel and saying that that trip ended on a positive note?
MS. GERAGOS: May I have one moment, your Honor?
THE COURT: Yes.
MS. GERAGOS: Thank you, your Honor. No further questions.
THE COURT: All right. Ms. Comey, redirect.
(Pause)
THE COURT: Members of the jury, rather than subjecting you to the white noise, we are going to take a very short comfort break, and we will be back in ten minutes. All rise for the jury.
(Continued on next page)
(Jury not present)
THE COURT: Please be seated. Mr. Agnifilo, does anyone need to take a break on your end
MR. AGNIFILO: Someone does.
THE COURT: It's okay for us to address the issue?
MR. DRISCOLL: Your Honor, can I be heard first on this issue? I just want to address --
THE COURT: What issue are we addressing? We didn't get that far. There was a request for break, which I was happy to honor. Are we talking about the note?
MS. COMEY: Yes, your Honor.
THE COURT: Okay. Mr. Driscoll.
MR. DRISCOLL: Right. I just want to address the issue of whether a party can open the door to otherwise inadmissible hearsay. And I just want to draw the Court's attention to Section 2(c) of the Supreme Court's Tome decision where this flavor of an argument was made by the government and it was squarely rejected. There the Court said: "That certain out-of-court statements may be relevant does not dispose of the question whether they are admissible." The first thing the Court has to determine is whether they're hearsay and whether they fall under an exception, and that's just not the case here. They are not prior consistent statements. The government has already disclaimed any reliance on the state of mind exception, and therefore they don't come in.
THE COURT: Yes, I agree with the last part of what you said. The first part of what you said as to door opening, of course you can open the door to otherwise inadmissible hearsay if you open to door to that hearsay; meaning, if, for instance, there was no suggestion or attack on credibility or there was no intent to show that there was an improper motive. But then on cross-examination you introduce that improper motive and you suggest that, that -- you can open the door that way to hearsay to come in under 801(d)(1)(B), right?
MR. DRISCOLL: Well, assuming the statement satisfies the temporal requirement. Here it doesn't.
THE COURT: Yes. I'm just saying you can open the door to anything if you open the right door, right?
MR. DRISCOLL: In the right way if the opposing party can satisfy an exception to the hearsay rule.
THE COURT: You're just saying that the door -- there may have been a door on relevance opened, but there was not a door opened on 801(d)(1)(B) that would allow this to come in in the first place.
MR. DRISCOLL: Correct.
THE COURT: You never really get to the relevance inquiry.
MR. DRISCOLL: Exactly.
THE COURT: Ms. Comey.
MS. COMEY: May I, your Honor.
THE COURT: You may.
MS. COMEY: There were four different aspects to the cross-examination that I think in culmination implied that this witness had a motive to lie and in particular a motive to shade her testimony to please the prosecution and to match the prosecution's theory. Those four in combination I think opened the door. So the first was the one I already flagged, which was the cross-examination about this witness's immunity in the grand jury and pointing out that the witness understood that the prosecutors would be deciding whether or not she told the truth and that she did not want to be prosecuted. The second would be the reference to this witness reviewing her text messages with Ms. Comey and other members of the government team, and then realizing after that that she had made past statements to Mr. Combs saying she did not want to participate in hotel nights. I think that implies that she may have had a motive to feed us more information along those lines after Ms. Comey and other members of the government team showed her those text messages in those meetings, especially after she had been in the grand jury with that immunity order. There was also a sustained objection to this. I'm sorry?
THE COURT: Can you stop right there? As to that second issue, was that either yesterday or the previous today?
MS. COMEY: It was today, your Honor.
THE COURT: It was today. Can you remind me of the context.
MS. COMEY: The context was when Ms. Geragos elicited the statements that I objected to that we talked about this morning about how Mr. Combs had told her that he did not realize that she felt this way and did not realize for all of the three years that she did not want to participate in these hotel nights. In that context, Ms. Geragos said, And "then you reviewed text messages with Ms. Comey and the government team and after that you started" -- I don't remember the exact testimony, but essentially it was after meeting with, she said my name, "Ms. Comey and the other members of the government team, that you then started remembering times that you had told Mr. Combs that you did not want to participate in hotel nights."
MR. DRISCOLL: Your Honor, on that point that was elicited during direct as well.
MS. COMEY: The fact that she reviewed her text messages and then remembered, yes. But I thought the context in which Ms. Geragos asked that question, pointing out it was with me and other members of the government team, I thought in combination with the others raised the implication that she is shaping her testimony to match our case. The other two --
MR. DRISCOLL: Can I just respond to that point?
THE COURT: Hold on. Hold on. I need to get three and four.
MS. COMEY: The other two: One is -- there was a sustained objection to this, but Ms. Geragos pointed out or suggested that I had redirected the witness in her recounting of the June 18 and 19, 2024 incident and used the word, I think actually said, "Ms. Comey redirected you." I think that phrase also feeds into the sense that the defense has created through this cross-examination that this witness is somehow being coached or trying to follow the lead of me or my colleagues. And then finally the cross-examination about -- at the end of the cross-examination about this witness's new memory, which she shared in a recent meeting with the prosecutors and which Ms. Geragos just cross-examined her on suggesting that she's making it up essentially, and that she's making it up on the eve of trial right before testifying as a government witness, I think together with the other aspects of the cross-examination I just pointed out create the implication that this witness has been shaping her testimony to feed into the government's narrative and to fit with the prosecution's theory of the case. And I think that that opens the door to a prior consistent statement, just the one sentence I asked from go Government Exhibit E-331-M.
THE COURT: Can we get that exhibit on the screen? MS COMEY: It's now E-331-M-R. And I think we further redacted it to just have that one part that I read out earlier. The point is, your Honor, that she wrote this, which is an unequivocal prior consistent statement that goes to the heart of what she has testified to here before she ever met a single prosecutor, before she ever met a single member of the government team. And I think that we are entitled to introduce just this one phrase, this one piece of text, to show that she was saying essentially the core of what she said on the stand before she ever met a single prosecutor.
THE COURT: So starting with the fourth ground that you gave, the witness's new memory of the water throwing incident, that was in either July or August of 2024. So how could this statement pertain to that particular episode?
MS. COMEY: Your Honor, I think the idea that it rebut not just the particular episode but the attack on the credibility more generally, and the attack on the credibility more generally through the totality of all four of the pieces of the cross that I just pointed out create the implication that this witness is shading her testimony to suggest that she felt coerced when she didn't. That is the thrust of this cross-examination; that she is shading her testimony, essentially that she is lying when she says that she felt coerced and felt forced throughout the entire course of the relationship.
THE COURT: Right, but how would this statement from December of 2023 be probative of that particular account to the line of questioning concerning an event that happened months later?
MS. COMEY: Your Honor, it does not go to that specific event. I will agree with your Honor. It does not go to that specific event. It rebuts the broader attack on credibility. The broader attack, which I do think the revised rule allows us to do. And the broader attack is not just as to that specific incident but more generally that she is shading her testimony to match the government's narrative.
THE COURT: And as to the redirecting of the witness, which was part of Ms. Geragos' question, I understood that to just be poor phrasing of the question, but I understand that position is, well, even if it was just poor phrasing, that you objected to it and the objection was sustained, perhaps the jury would draw some inference from that suggestion in the question? MS COMEY: I think on its own I wouldn't be making that argument, your Honor. But what I'm saying is that these were peppered in at various points throughout the cross-examination, and I think it was to leave an impression with this jury that this witness is trying to shape her testimony to please prosecutors.
THE COURT: Then to go back to the second issue which Mr. Driscoll addressed, you, in response to Mr. Driscoll, indicated that it was the suggestion that -- not so much the text messages because that had come out on direct examination; it was the reference to yourself and the prosecutors of having reviewed them. That repeated suggestion again in your mind would reinforce the narrative that was drawn out by the direct line of questioning about immunity.
MS. COMEY: Exactly, your Honor. The reference to me by name and the other members of the government team.
THE COURT: All right. So, in essence, it comes back to the immunity discussion.
MS. COMEY: It does, but I think it's stronger this time, your Honor.
THE COURT: So it comes back to immunity. And then to recap where we left things in the morning, Mr. Driscoll's argument was that, well, if it gets -- if it's coming back to immunity, it doesn't matter, because at the time that the note was made, it was after an improper motive had already been introduced, which was Ms. Ventura's lawsuit and the review of that lawsuit. So given that fact, there would be no basis to introduce the statement under 801(d)(1)(B) regardless of what happened later, because anything that happened later, even if it was a different reason for an improper motive, it is cumulative of the motive that already exists, meaning that there was already this weight on the witness's testimony that would skew it in precisely the same direction of characterizing these events in a way that would sound in the language of sexual exploitation as opposed to normal relationship dynamics. And he cited in that case to the authorities that are cited in the letter, but also he generally relies on the Tome case --
MS. COMEY: Yes, your Honor.
THE COURT: -- having that general principle. So that is an 801(d)(1)(B) argument. If you go down then to Rule 403, the defense says two things: One -- and I need to find -- I need to go back to see what was actually elicited through the text messages, but at least some of what's communicated here was actually elicited through text messages during that period of time, you may go back to it on redirect examination or in closing argument, but it's already in the record. So anything that you would add by virtue of the statement would be cumulative of those things that you already elicited through the text message exchanges that were not objected to or in the case of, I believe it's, Government Exhibit 251-C, which is the exchange with Ms. Khorram. In that exchange, Ms. Jane actually recounts the nature of the relationship, right, and actually says like "I've been going through this for three years, and this is how it's been, I can't believe this is happening," right.
MS. COMEY: Yes, your Honor.
THE COURT: They say on Rule 403 grounds, there's that issue that's already in the record, but further they go back to what they have already said, which is there's an unfair prejudice because of the overhang of Ventura lawsuit. So what's your response?
MS. COMEY: On 403, the part that is not cumulative is the part I flagged for your Honor this morning, which is "I felt obligated 98 percent of the time." She is not sending that in a text message to Mr. Combs. That is a hugely corroborative statement of what she testified to. It is not in any of the text messages, and it is extremely probative and extremely corroborative of what this witness has testified to at this trial and what the defense has tried desperately tried to undermine. So that's why on 403 I don't think that they in any way can show that that extraordinary probative value is outweighed by any unfair prejudice. It's extremely probative, and the only reason it would be prejudicial is because of how probative it is. With respect to the incentive, I think the record here makes clear that that is a false flag because Jane did not in fact seek out a lawsuit. She did not in fact file a lawsuit. She did not in fact send a demand. What she did do is meet with prosecutors.
What she did do is testify on the stand for days. And so what we see that she did actually do is meet with prosecutors, get immunity from prosecutors, and testify for the prosecution. So when the jury is thinking about what her incentives are or what her motives are, they are much less likely to think that she is matching up her testimony to get a payday because she didn't try to get a payday. She never did. But what they might be thinking, given the bread crumbs that have been left for them throughout this cross-examination is that she is trying to shade her testimony to please the prosecution. And I think that it is entirely fair for us to put in this one statement that goes to the core of her testimony that, in essence, throughout this entire relationship she felt coerced and she felt forced and she felt obligated to put in this one statement that corroborates that she wrote before she ever met prosecutors.
THE COURT: Mr. Driscoll.
MR. DRISCOLL: Your Honor, it doesn't matter if this statement is relevant or is incredibly probative. It doesn't matter it would be fair to admit it. It's hearsay, and the government hasn't cited any authority demonstrating otherwise, and I don't think the Court should adopt what I would refer to as this fringe theory of prior consistent statements when the Supreme Court has squarely rejected this exact argument.
THE COURT: Well, if you saying the Supreme Court has rejected that exact argument, what's the citation and pin cite?
MR. DRISCOLL: As I said before, I would direct you to Section 2(c) of the opinion.
THE COURT: I'm not looking at the slip opinion, so do you have a citation and page number?
MR. DRISCOLL: Sure, your Honor. Starting at 163 through 164.
THE COURT: Do you have the rest of the citation just because I need to pull it up on WestLaw.
MR. DRISCOLL: Sure. 513 U.S. 150. Just to highlight some of the opinion: "Hearsay evidence is often relevant. That does not resolve matter, however. Relevance is not the sole criteria of admissibility."
THE COURT: Hold on give me the page again.
MR. DRISCOLL: 163 to 164. And the Court goes on: "the Advisory Committee, however, was explicit in rejecting this balancing approach to hearsay."
MS. COMEY: Your Honor, what I'm not seeing as I'm reading this is any -- is addressing anything about the situation where the defense suggests that there are two different motives to lie. I'm not seeing anything suggesting that there can't be two different motives that are suggested, and that we can't put in a prior consistent statement to rebut a second motive that has been raised, especially when the first one, as I said, appears to be a false flag.
MR. DRISCOLL: Your Honor, the government's argument also just doesn't make sense in practice. I mean, the first thing the government does prior to seeking an indictment is they put witnesses before the grand jury, sometimes they immunize them. Basically what they're saying is anytime you cross-examine a witness that's been immunized, it opens the door to any prior consistent statements that they might have made, regardless of any motive to falsify that might take place in time earlier than their immunization. It just doesn't make sense. It's far too broad of a rule.
MS. COMEY: That's not what I'm saying, your Honor. I'm saying if an immunized witness is cross-examined and through the cross-examination a suggestion is made that the prosecutors decide whether or not that witness is lying, and, therefore, whether or not this witness will be prosecuted, that suggests an improper motive. If they -- if the defense chooses not to raise that line of cross-examination, then the door wouldn't be opened.
THE COURT: Understood. Ms. Comey, putting this issue to the side, how long do you anticipate for your redirect examination?
MS. COMEY: Maybe half hour, your Honor.
THE COURT: Half hour. Let's take a very short break, ten minutes, come back, and then I'll given you the ruling, and then we can proceed with the redirect.
MS. SHAPIRO: Your Honor, I'm sorry. Can I just add one other thing to the record?
THE COURT: No, I've heard enough. I'll make my ruling.
(Recess)
THE COURT: Mr. Driscoll, in terms of the Ventura lawsuit, Ms. Comey raises the issue that looking at the text of the rule, the Ventura lawsuit for Jane would not constitute an improper influence or motive in so testifying, and so could you respond to that? She points out that Jane did not file a lawsuit. She didn't try to do anything along those lines. So in what way did the lawsuit for Jane constitute the kind of improper motive that's discussed in Tome and other cases?
MR. DRISCOLL: Your Honor, the witness testified that she saw the lawsuit. She saw headlines about the settlement amount. And as we noted in our letter last night, within days after that, she started talking to Mr. Combs about a possible monetary settlement herself. And we've seen messages where she discusses needing compensation for the three years that she was with Mr. Combs. So at that point, there's clearly a monetary incentive for her to color her story. I think that's pretty clear from the testimony and from the evidence we've seen so far. Just because she hasn't filed a lawsuit yet doesn't mean that she doesn't have an improper influence or motive to shade her testimony today. Particularly given the nature of a possible charge, I mean she wouldn't have a statute of limitations concern or anything like that, and there would be no reason for her to file a suit yet.
THE COURT: And I take it from your answer that referring to the conversation that you're talking about in terms of the monetary settlement, that the communications between Jane and Mr. Combs indicate or reflect an effort in the wake of the Ventura lawsuit to -- from the defense's perspective, right? This is not -- this is disputed, hotly disputed, but from the defense's perspective, it is a motive to use the lawsuit and the allegations there as leverage in one way -- in some shape or form.
MR. DRISCOLL: Exactly.
THE COURT: It could be economic leverage. It could be other leverage.
MR. DRISCOLL: Exactly.