DIRECT EXAMINATION BY MS. FOSTER:
MS. FOSTER: Good morning, Special Agent LaMon?
ANDRE LAMON: Good morning.
MS. FOSTER: Where do you work?
ANDRE LAMON: Homeland Security Investigations, HSI, Los Angeles.
MS. FOSTER: What is your title at HSI?
ANDRE LAMON: Special agent.
MS. FOSTER: How long have you worked as a special agent for HSI?
ANDRE LAMON: 2018.
MS. FOSTER: That's when you started?
ANDRE LAMON: Yes, I started in 2018.
MS. FOSTER: Do you work in a particular group at HSI?
ANDRE LAMON: Currently assigned to the human trafficking and smuggling group.
MS. FOSTER: When did you begin working in that group?
ANDRE LAMON: Around July of 2023.
MS. FOSTER: What are some of your responsibilities as a special agent at HSI?
ANDRE LAMON: Take tips that may come in as regarding to human trafficking and investigate them, or human smuggling, conduct investigation, do surveillance, execute search warrants of residence, phones, arrest of persons, manage case.
MS. FOSTER: As a special agent, do you participate in the execution of search warrants of homes?
ANDRE LAMON: Yes.
MS. FOSTER: Have you received training on how to execute premises search warrants?
ANDRE LAMON: Yes.
MS. FOSTER: Approximately how many searches of homes have you done or assisted with?
ANDRE LAMON: At least 50, 60.
MS. FOSTER: Now, I want to direct your attention to March 25, 2024. Did you participate in a search of a property on that day?
ANDRE LAMON: Yes.
MS. FOSTER: What was the address of that property?
ANDRE LAMON: 200 South Mapleton Drive, Los Angeles, California.
MS. FOSTER: Who did you understand was the owner of that property?
ANDRE LAMON: Sean Combs.
MS. FOSTER: Was the search of 200 Mapleton authorized by a search warrant?
ANDRE LAMON: Yes.
MS. FOSTER: What HSI office obtained that search warrant?
ANDRE LAMON: HSI New York.
MS. FOSTER: How did HSI Los Angeles get involved?
ANDRE LAMON: HSI New York sent a collateral case request to HSI Los Angeles asking for assistance with the execution of a search warrant.
MS. FOSTER: What was your role during that search?
ANDRE LAMON: I was assigned to be the case agent for the collateral and the team lead for the execution of the search warrant.
MS. FOSTER: At a high level, what were some of your responsibilities as a team lead for the search?
ANDRE LAMON: Prior to the execution of the search warrant, I was assigned with personnel that would be on the operation. Once the search warrant was executed at the residence, I was assigned as a team lead to help answer any questions that may have arised, be a liaison between HSI LA and SDNY and HSI New York, seize the evidence, process the evidence for New York.
MS. FOSTER: Special Agent LaMon, could you please look at the first tab in the binder in front of you which contains what has been marked for identification as Government Exhibit 2B-103 and 2B-104, and could you look at the photos and look up when you're finished. Do you recognize what these photos depict?
ANDRE LAMON: Yes.
MS. FOSTER: What address do they depict?
ANDRE LAMON: 200 South Mapleton Drive, Los Angeles, California.
MS. FOSTER: How do you know?
ANDRE LAMON: I had been to the residence.
MS. FOSTER: Are they fair and accurate representations of the property on the day of the search?
ANDRE LAMON: Yes.
MS. FOSTER: The government offers exhibit 2B-103 and 2B-104.
MR. AGNIFILO: No objection.
THE COURT: Those exhibits will be admitted.
(Government's Exhibits 2B-103 and 2B-104 received in evidence)
MS. FOSTER: Ms. Foster, could you please pull up Government Exhibit 2B-103.
MS. FOSTER: Special Agent LaMon, you mentioned this is a photo of 200 Mapleton, is that right?
ANDRE LAMON: Yes.
MS. FOSTER: What angle of the property does this image show?
ANDRE LAMON: This is the front of the property from the street.
MS. FOSTER: Ms. Foster, could you now please pull up 2B-104.
MS. FOSTER: Is this another image of that same property?
ANDRE LAMON: Yes.
MS. FOSTER: What angle of the property does this depict?
ANDRE LAMON: The rear.
MS. FOSTER: How many different buildings are located on this property?
ANDRE LAMON: Three.
MS. FOSTER: Are they all shown in this photo?
ANDRE LAMON: Yes.
MS. FOSTER: What is the big building?
ANDRE LAMON: It's the main house.
MS. FOSTER: What is the structure towards the back left of the property?
ANDRE LAMON: It's like a sauna-steam room kind of.
MS. FOSTER: What about the structure towards the right of that -- of this photo?
ANDRE LAMON: The gym and studio.
MS. FOSTER: On March 25, which of these three buildings did law enforcement search?
ANDRE LAMON: All three.
MS. FOSTER: Now, I'd like to talk about --
MS. FOSTER: Ms. Foster, you can take this photo down.
MS. FOSTER: I'd like to talk about how the search was conducted. What rooms of the property were searched?
ANDRE LAMON: All rooms.
MS. FOSTER: How many agents searched each room?
ANDRE LAMON: At least two, sometimes four to six.
MS. FOSTER: If law enforcement found an item of interest in the room while they were searching, what would they do?
ANDRE LAMON: Depending on what the item was, if it was something they immediately thought was in the warrant, they would contact the photo person to take a picture of the item in the area where it was located. Once the photo was taken of the item, it would then be taken down to our evidence kind of command center, which was on the first floor on the kitchen island. They would take it down there for it to be inventoried, bagged, and prepped to be transported to our office.
MS. FOSTER: What does inventory involve?
ANDRE LAMON: Inventory involves if we determine the item is to be seized, we want to make sure we get pictures of where it was located, and then we will put a description of what that item was, where it was seized, and then bag it up. And then once we get it back to our office, we'll put it in our computer systems for tracking to make sure we maintain the type of evidence the way it should be.
MS. FOSTER: Where were you typically during this search?
ANDRE LAMON: All over.
MS. FOSTER: All over the property?
ANDRE LAMON: All over the property.
MS. FOSTER: Were there times you went into the rooms that were being searched?
ANDRE LAMON: Yes.
MS. FOSTER: And what were you doing in those rooms?
ANDRE LAMON: Making sure that the team, if they had any questions, it's a -- it was a very large property, that I could be available for them to ask questions in case they needed guidance or clarification on something.
MS. FOSTER: After the search, did you have any role in ensure the items that were seized were properly inventoried?
ANDRE LAMON: Yes.
MS. FOSTER: And what was that role?
ANDRE LAMON: Well, once we decided we had everything that was going to be seized, we transported everything to our office. Once we got it back to our office, I then went through each one of the items, the line items that was seized, and then entered them individually into our case management system.
MS. FOSTER: Did you physically look at each item when you inventoried it?
ANDRE LAMON: Yes.
MS. FOSTER: And what was the purpose of entering the items into your case management system?
ANDRE LAMON: Well, because there are different types of evidence. Like electronics or weapons or whatever it may be, they have to be managed differently, so -- and because the evidence would be coming to New York also, we put it in the system so that way we can properly maintain what has been seized, where it's currently located, if it's in our storage or if it's in a warehouse storage or if it's in another AOR like New York.
MS. FOSTER: Next I want to discuss items that were found in the house. Special Agent LaMon, can you please look at the second tab of the binder, which contains what has been marked for identification as Government Exhibit 1A-200, 1A-201, 1A-202, 1A-203, 1A-205, 1A-211, 1A-212, 1A-214, 1A-216, 1A-218, 1A-227, 1A-229, 1A-231, 1A-236, 1A-237, 1A-242, 1A-244, 1A-245, 1A-246, 1A-247, 1A-248 and 1A-249. Could you please look up when you're done? Do you recognize these?
ANDRE LAMON: Yes.
MS. FOSTER: What do they show?
ANDRE LAMON: Items seized during the execution of the search warrant from 200 South Mapleton -- some items seized.
MS. FOSTER: Were they otherwise items found in the residence?
ANDRE LAMON: Yes.
MS. FOSTER: And how do you know?
ANDRE LAMON: I was the seizing agent.
MS. FOSTER: Do you also recognize them from the day of the search?
ANDRE LAMON: Yes.
MS. FOSTER: And are they fair and accurate representations of items that were found in the 200 Mapleton property on March 25?
ANDRE LAMON: Yes.
MS. FOSTER: Your Honor, the government would offer the exhibits I just listed for identification into evidence.
MR. AGNIFILO: I have no objection subject to the discussion we had this morning.
THE COURT: A little vague, but do you need a sidebar or is there --
MR. AGNIFILO: Yes. Very, very quick.
(Continued on next page)
(At the sidebar)
MR. AGNIFILO: So I retain my objection to the guns and the photographs of the guns which I think is 200, 201, 202, 203, 236, 245, 246 and 247. So I do think that I retain that objection under 403.
THE COURT: I don't remember there being any objection to any of the exhibits, but maybe I'm just misunderstanding.
MR. AGNIFILO: Well, the objection was in light of this witness' lack of knowledge as to where these firearms were recovered from, I objected to the witness's testimony in total, but I still object to him discussing firearms and showing firearms to the jury that he's not going to be able to tell this jury where he found them.
MS. COMEY: Your Honor the witness just testified that all of these photos, including the ones Mr. Agnifilo identified, are fair and accurate depictions of what he saw during an execution of the search of a premises that Mr. Combs owns. I don't understand the 403 objection. There's no prejudice here to putting in what this witness who was the team lead of the search saw during the search. What Mr. Agnifilo is flagging can certainly be explored during cross-examination if he wants to, but these are all items that were found during the search. That's what the record says and that's what this witness just testified to.
THE COURT: I think that the objection, if there is an objection, would be to testimony elicited that we haven't heard yet. So you can obviously preserve that. But as to the pictures themselves, you don't have an authenticity objection, do you?
MR. AGNIFILO: Not authenticity, Judge. It's a relevance and 403 objection based on the fact that this witness lacks personal knowledge as to where the guns were recovered, so he's about to show the jury photos of guns and guns, and he's not going to be able to tell the jury where he found them.
THE COURT: And he's not going to testify that he found them somewhere on the premises. In any event, the objection is overruled. It's understood. You made your objection.
(Continued on next page)
(In open court)
THE COURT: The exhibits that you've identified, Ms. Foster, will be admitted.
(Government's Exhibits 1A-200, 1A-201, 1A-202, 1A-203, 1A-205 received in evidence)
(Government's Exhibits 1A-211, 1A-212, 1A-214, 1A-216, 1A-218 received in evidence)
(Government's Exhibits 1A-227, 1A-229, 1A-231, 1A-236, 1A-237 received in evidence)
(Government's Exhibits 1A-242, 1A-244, 1A-245, 1A-246, 1A-247 received in evidence)
(Government's Exhibits 1A-248 and 1A-249 received in evidence)
BY MS. FOSTER:
MS. FOSTER: Special Agent LaMon, you mentioned there were three buildings located on the property, is that right?
ANDRE LAMON: Yes.
MS. FOSTER: What buildings were the items shown in these pictures found in?
ANDRE LAMON: The main building.
MS. FOSTER: And we will go through these items one by one, but first I want to orient everyone. Ms. Foster, could you please pull up Government Exhibit A-101 just for the witness and the parties. Special Agent LaMon, do you recognize this?
ANDRE LAMON: I don't see that image here. Now I do. Yes.
MS. FOSTER: You can put the binder away, actually. Thank you. And what is the image in A-101?
ANDRE LAMON: This is a detailed layout of the property at 200 South Mapleton.
MS. FOSTER: And are any levels of the house missing from this sketch?
ANDRE LAMON: From what we can tell, yes, the basement.
MS. FOSTER: Other than the basement, is it a fair and accurate representation of the layout of the main house on 200 Mapleton?
ANDRE LAMON: Yes.
MS. FOSTER: How do you know?
ANDRE LAMON: I've been there.
MS. FOSTER: Your Honor, the government offers Government Exhibit 1A-101.
MR. AGNIFILO: No objection.
THE COURT: 1A-101 will be admitted.
(Government's Exhibit 1A-101 received in evidence)
MS. FOSTER: Ms. Foster, could you please publish this to the jury.
MS. FOSTER: Special Agent LaMon, at a high level, what floor of the property is displayed on this page?
ANDRE LAMON: The first floor.
MS. FOSTER: Could you just describe where the front door is located?
ANDRE LAMON: If you're looking at the image towards the lower part to the right, there's like a circular kind of stairwell-looking kind of thing. Just to the left of that is a -- a square with some like doors, kind of what's supposed to represent doors kind of swinging open. Yes.
MS. FOSTER: Is that the room that was just highlighted?
ANDRE LAMON: Correct.
MS. FOSTER: And focusing you on the bottom left half of this page and directing your attention to the room that's sticking out sort of at the bottom, what is that room?
ANDRE LAMON: That is the security room.
MS. FOSTER: And did that room appear to be associated with a security team on the property?
ANDRE LAMON: Yes.
MS. FOSTER: Is there also a garage connected to the property?
ANDRE LAMON: Yes.
MS. FOSTER: Can you please describe where that's shown on this?
ANDRE LAMON: It would be the large rectangle at the bottom. Yes.
MS. FOSTER: And what was the general layout of the garage?
ANDRE LAMON: It's like a garage, but it had like a little storage area in it, above it.
MS. FOSTER: Ms. Foster, could you now please turn to page 2.
MS. FOSTER: What floor is shown on this page?
ANDRE LAMON: Second floor.
MS. FOSTER: Ms. Foster, could you please zoom in on the top half of this page.
MS. FOSTER: Special Agent LaMon, was there a master bedroom on the property?
ANDRE LAMON: Yes.
MS. FOSTER: Is that shown in this image?
ANDRE LAMON: Yes.
MS. FOSTER: Where is it shown?
ANDRE LAMON: It's the square shape to the right that kind of protrudes up. Yes.
MS. FOSTER: Is there a bathroom near the master bedroom?
ANDRE LAMON: Yes, there are two.
MS. FOSTER: And where generally were they located relative to the bedroom?
ANDRE LAMON: To the right and to the left.
MS. FOSTER: And was there a closet near the master bedroom?
ANDRE LAMON: Yes, two.
MS. FOSTER: And where were they located relative to the bedroom?
ANDRE LAMON: One is just opposite of where the bedroom is -- the master bed is, that one highlighted. And then one to the left just below the bathroom.
MS. FOSTER: And were you personally in all of these rooms we just discussed at some point during the search?
ANDRE LAMON: Yes.
MS. FOSTER: Ms. Foster, you can take down this exhibit. Can you please display Government Exhibit A-244?
MS. FOSTER: Special Agent LaMon, what does this image show?
ANDRE LAMON: The master bedroom, or part of it.
MS. FOSTER: Why did you conclude this was the master bedroom?
ANDRE LAMON: The layout of the room, the items found in -- some of the items found in the room suggesting it was belonging to the -- Mr. Combs.
MS. FOSTER: What about the layout of the room made you think it was the master?
ANDRE LAMON: Having the two attached kind of bathrooms to it, and with the diagram that we previously saw.
MS. FOSTER: What are shown on either side of the bed in this photo?
ANDRE LAMON: Nightstands, drawers.
MS. FOSTER: Ms. Foster, could you please display Government Exhibit A-231.
MS. FOSTER: What does this show?
ANDRE LAMON: That is inside the nightstands, one of the drawers on the nightstands.
MS. FOSTER: One of the nightstands we just saw?
ANDRE LAMON: Yes.
MS. FOSTER: Focusing your attention on the manila envelopes, how many manila envelopes were found in the nightstand?
ANDRE LAMON: Six.
MS. FOSTER: What did each of these envelopes have written on them?
ANDRE LAMON: The letter K.
MS. FOSTER: Were these envelopes seized by law enforcement during the search?
ANDRE LAMON: Yes.
MS. FOSTER: Special Agent LaMon, in the cart beside you is a bag that has been marked as Government Exhibit A-110. Do you mind going and retrieving that item?
ANDRE LAMON: Yes.
MS. FOSTER: Do you recognize this?
ANDRE LAMON: Yes.
MS. FOSTER: What is it?
ANDRE LAMON: The manila folders or envelopes that are seen in this photo that were in the nightstand.
MS. FOSTER: And how do you know?
ANDRE LAMON: I seized them.
MS. FOSTER: Ms. Foster, could you now please display Government Exhibit 1306, which is a stipulation between the parties, and zoom in on paragraphs 13 and 14. I will read: Government Exhibit A-110 was seized during a search of 200 South Mapleton in Los Angeles, California on or about March 25, 2024 and were analyzed for the presence of controlled substances by a U.S. Department of Homeland Security and U.S. Customs and Border Protection Laboratory. Details of this search and the results of the laboratory analysis are described below. Government Exhibit A-110 contains six yellow envelopes marked with a K, which were found in the master bedroom and are pictured in Government Exhibit 10A-101-A. Prior to testing, five of these yellow envelopes each contained a resealable bag that was printed with shamrocks and contained white powder, and one of the yellow envelopes contained two resealable bags that were printed with shamrocks and contained white powder. The white powder from each of the seven resealable bags tested positive for ketamine. Your Honor, the government now -- and then, sorry, could you just go down. And one more. Pursuant to this stipulation, at the end, the government offers 1A-110 and Government Exhibit 10A-101-A-1.
THE COURT: Those exhibits will be admitted.
(Government's Exhibits 1A-110 and 10A-101-A-1 received in evidence)
MS. FOSTER: Ms. Foster, could you please display Government Exhibit 10A-101-A-1. Thank you. You can take this down.
MS. FOSTER: I want to go back to the bedside tables in the master bedroom. What else was seized from those tables?
ANDRE LAMON: Electronic devices.
MS. FOSTER: What type of electronic devices?
ANDRE LAMON: Cellphones and iPad.
MS. FOSTER: Ms. Foster, could you now display Government Exhibit A-218.
MS. FOSTER: Special Agent LaMon, what is this?
ANDRE LAMON: The inside of one of the nightstand drawers, and those are the electronics seized, the phones and the iPad.
MS. FOSTER: Special Agent LaMon, I'm directing your attention to what has been marked for identification as Government Exhibit A-800 in the cart beside you. Special Agent LaMon, do you recognize this?
ANDRE LAMON: Yes.
MS. FOSTER: And what is it?
ANDRE LAMON: It is the iPhone pictured in this photo.
MS. FOSTER: It's one of the two iPhones?
ANDRE LAMON: One of the two, the larger.
MS. FOSTER: How do you know that?
ANDRE LAMON: I seized them.
MS. FOSTER: Can you speak into the microphone?
ANDRE LAMON: I seized them.
MS. FOSTER: Ms. Foster, can you please pull up Government Exhibit 1301, which is a stipulation between the parties and go to page 2, paragraph 7. I will read paragraph 7(c): On or about March 25, 2024, as part of a search of the residence located at 200 South Mapleton Drive, Los Angeles, California, HSI seized the following electronic devices: Government Exhibit A-800, a cellphone from a bedside table in the master bedroom. Ms. Foster, you can take this down.
MS. FOSTER: Special Agent LaMon, were additional electronic devices seized from 200 Mapleton?
ANDRE LAMON: Yes.
MS. FOSTER: I'm also now directing your attention to what has been marked for identification as Government Exhibit 400 and 500 in the cart beside you as well. What are these two items?
ANDRE LAMON: Two cellphones.
MS. FOSTER: And where were they seized?
ANDRE LAMON: At 200 South Mapleton.
MS. FOSTER: How do you know that?
ANDRE LAMON: I seized these also.
MS. FOSTER: Ms. Foster, can you now again pull up Government Exhibit 1301 and return to page 2, paragraph 7. I will read: On or about March 25, 2024, as part of a search of the residence located at 200 South Mapleton Drive, Los Angeles, California HSI seized the following electronic devices: Government Exhibit A-400, a cellphone from a desk drawer in an office, and Government Exhibit A-500, a cellphone from a desk drawer in an office. Thank you, Ms. Foster. You can take that down. I want to now move to another room in the house. Ms. Foster, can you please display Government Exhibit A-242.
MS. FOSTER: Special Agent LaMon, what is this?
ANDRE LAMON: The closet that's opposite of the -- opposite of the wall in the master bedroom.
MS. FOSTER: And you mentioned there are multiple closets near the master bedroom. Which one is this?
ANDRE LAMON: The one that was just on the opposite side of the wall from the bed.
MS. FOSTER: Was there a safe in this closet?
ANDRE LAMON: Yes.
MS. FOSTER: Is that safe shown in this photograph?
ANDRE LAMON: Yes.
MS. FOSTER: And where?
ANDRE LAMON: To the right of the photo, there's like a -- like a door, white door swung up. Next to that door is a gray safe door.
MS. FOSTER: Ms. Foster, could you please display Government Exhibits A-214 and A-227 side by side.
MS. FOSTER: What do these images show?
ANDRE LAMON: The left image 214 shows like a top kind of drawer from inside of the safe with a passport for Sean Combs. The image on the right 227 shows the bottom corner of the safe with a plastic bag and a substance in it.
MS. FOSTER: And that's the safe we just saw?
ANDRE LAMON: Yes.
MS. FOSTER: Ms. Foster, could you please display Government Exhibit A-229.
MS. FOSTER: Special Agent LaMon, what does that show?
ANDRE LAMON: That is a larger more clear view of that bag we just saw in the safe.
MS. FOSTER: And that's taken out of the safe now?
ANDRE LAMON: Yes.
MS. FOSTER: Was this item seized by law enforcement?
ANDRE LAMON: Yes.
MS. FOSTER: Special Agent LaMon, I now want to direct your attention to what has been marked for identification as Government Exhibit A-111, and it's also in the cart beside you. Special Agent LaMon, do you recognize that?
ANDRE LAMON: Yes.
MS. FOSTER: What is it?
ANDRE LAMON: The bag from this photo that was inside of the safe.
MS. FOSTER: How do you know that?
ANDRE LAMON: I seized it.
MS. FOSTER: Ms. Foster, can you now display Government Exhibit 1306, which is the stipulation between the parties that we saw earlier, and go to paragraph 13 and 15 on pages 5 and 6. I will read: Government Exhibit A-111 described below was seized during a search of 200 South Mapleton in Los Angeles, California on or about March 25, 2024, and was analyzed for the presence of controlled substances by a U.S. Department of Homeland Security and U.S. Customs and Border Protection laboratory. Details of the search and the results of this laboratory analysis are described below. Government Exhibit A-111 contains a resealable plastic bag which was found in a safe in the closet of the master bedroom. The resealable plastic bag contains a mixture of brown granular particles and brown pebbles as pictured in Government Exhibit 10A-102-A. The mixture tested positive for MDMA. Could we go to that last paragraph that we saw previously on the last page? Your Honor, the government offers Government Exhibits 1A-111 and Government Exhibit 10A-102-A-1.
MR. AGNIFILO: No objection, Judge.
THE COURT: It will be admitted.
(Government's Exhibits 1A-111 and 10A-102-A-1 received in evidence)
MS. FOSTER: Ms. Foster, can you now display Government Exhibit 10A-102-A-1. You can take this down. Thank you. Now I want to move on to some other items. Ms. Foster, could you please display Government Exhibit 1A-216?
MS. FOSTER: Special Agent LaMon, what is this?
ANDRE LAMON: That is a bag of Johnson & Johnson baby oil and Astroglide, and a pack of like lingerie.
MS. FOSTER: Where were these items found?
ANDRE LAMON: In one of the closet slits that were in that closet we were previously looking at where the safe is.
MS. FOSTER: Was baby oil and Astroglide found additional rooms in the house?
ANDRE LAMON: Yes.
MS. FOSTER: What are some of the rooms you remember?
ANDRE LAMON: Bathroom, garage -- bathrooms and the garage.
MS. FOSTER: Ms. Foster, could you please display side by side Government Exhibit 1A-211 and 212 side by side.
MS. FOSTER: What room were these items taken in, these photos taken in?
ANDRE LAMON: The bathroom to the right of the master bedroom.
MS. FOSTER: And, Ms. Foster, can you now display side by side Government Exhibits 1A-248 and 249.
MS. FOSTER: Special Agent LaMon, what room were those photos taken in?
ANDRE LAMON: The bathroom to the left of the master.
(Continued on next page)
MS. FOSTER: You also mentioned the garage. Ms. Foster, could you now display Government Exhibit 1A-205.
MS. FOSTER: Special Agent LaMon, what does this image show?
ANDRE LAMON: A stack of boxes of Astroglide.
MS. FOSTER: And where were those items located?
ANDRE LAMON: In the garage.
MS. FOSTER: Were each of these boxes full?
ANDRE LAMON: Just about.
MS. FOSTER: Just about all of them were?
ANDRE LAMON: Yes.
MS. FOSTER: And how do you know?
ANDRE LAMON: We inventoried them.
MS. FOSTER: In addition, generally, were the bottles of Astroglide and baby oil that were found in the house seized by law enforcement?
ANDRE LAMON: Generally.
MS. FOSTER: Approximately how many bottles of baby oil were seized from the house at Mapleton?
ANDRE LAMON: 200 or so.
MS. FOSTER: Bottles?
ANDRE LAMON: Bottles of baby oil.
MS. FOSTER: What about bottles of Astroglide?
ANDRE LAMON: I think around 900 or so.
MS. FOSTER: Ms. Foster, you can take this down.
MS. FOSTER: You mentioned before a security room, is that right?
ANDRE LAMON: Correct.
MS. FOSTER: And can you remind everyone what floor the security room was located on?
ANDRE LAMON: The first floor.
MS. FOSTER: And was that a room that had a door?
ANDRE LAMON: It did.
MS. FOSTER: Before you entered the security room, had a team of agents already swept the house to make sure it was safe?
ANDRE LAMON: Yes.
MS. FOSTER: And as part of that safety sweep, is it the team's procedure to make any firearms safe?
ANDRE LAMON: Yes.
MS. FOSTER: And does making firearms safe involve removing the magazine from any firearm and laying out the firearm in a safe manner in the room where it was found?
ANDRE LAMON: Yes.
MS. FOSTER: Before we go on to some of these photos, was there a gun safe in that security room?
ANDRE LAMON: Yes.
MS. FOSTER: And was that safe large enough to fit some of the items we're about to talk about?
ANDRE LAMON: Yes.
MS. FOSTER: OK. Ms. Foster, can you please display Government Exhibit 1A-200.
MS. FOSTER: What is generally shown in this photo?
ANDRE LAMON: This photo is two chairs that were in the security room, and on the chairs are multiple firearms that were inside that room.
MS. FOSTER: And before we go through these, were these firearms, when you entered the room, laid out with their magazines removed?
ANDRE LAMON: Yes.
MS. FOSTER: And was that consistent with the instructions given to that team that did the safety sweep?
ANDRE LAMON: I don't know there was instructions. It's more of a standard operational procedure for them to do that if they encounter weapons.
MS. FOSTER: OK. So they were laid out consistent with that, is that right?
ANDRE LAMON: Yes.
MS. FOSTER: So am I right that you do not know whether these guns were found in the gun safe prior to entering?
ANDRE LAMON: Correct.
MS. FOSTER: OK. Got it.
MS. FOSTER: Now, before we go on, are you familiar with different types of guns?
ANDRE LAMON: Yes.
MS. FOSTER: And how are you familiar with them?
ANDRE LAMON: Training and experience.
MS. FOSTER: Now I want to go through the firearms shown in this picture. Starting with the left chair, what is the item on the leftmost side of the chair?
ANDRE LAMON: On the leftmost side of the left chair is a bolt-action Ruger rifle.
MS. FOSTER: And is Ruger the manufacturer?
ANDRE LAMON: It is.
MS. FOSTER: And how many firearms are next to the rifle on the left shown in this photograph?
ANDRE LAMON: Two additional firearms.
MS. FOSTER: What type of firearms are shown next to it?
ANDRE LAMON: A Smith & Wesson M&P rifle and a Glock pistol.
MS. FOSTER: And what type of firearm is the Smith & Wesson M&P firearm?
ANDRE LAMON: It's a semiauto AR platform, AR-15 platform.
MS. FOSTER: Ms. Foster, could you please display Government Exhibit 1A-201.
MS. FOSTER: What does this show?
ANDRE LAMON: That's a close-up of the left chair of the Glock pistol and the Smith & Wesson M&P rifle with those orange-colored features on it.
MS. FOSTER: Those are two of the firearms that were on that prior chair?
ANDRE LAMON: Yes.
MS. FOSTER: Now, what else is shown next to these firearms on this image?
ANDRE LAMON: There are three 30-round P magazines, a Glock magazine with ammunition sticking out that you can see and two locks, a holder for a pistol, a pistol holster and some type of 5.11 bag.
MS. FOSTER: And what is a 5.11 bag?
ANDRE LAMON: Just a bag you can, you know, hold things. It's just a bag.
MS. FOSTER: OK. Are those locks potentially associated with that bag?
ANDRE LAMON: It looks as it could be. There's -- on the 5.11 bag, there's a zipper that has a hole in it that would accommodate those type of locks.
MS. FOSTER: OK. You mentioned four magazines, is that right?
ANDRE LAMON: Yes.
MS. FOSTER: And what are magazines?
ANDRE LAMON: Magazines are essentially what holds the ammunition for a firearm.
MS. FOSTER: And you mentioned that three of the magazines were 30-round P mags, is that right?
ANDRE LAMON: Correct.
MS. FOSTER: What does that mean, 30 round?
ANDRE LAMON: 30 rounds means that it can hold 30 rounds of ammunition.
MS. FOSTER: What type of firearm would those magazines be associated with?
ANDRE LAMON: Those would be associated with the M&P rifle.
MS. FOSTER: And then turning to the fourth magazine, how many rounds would fit in that magazine?
ANDRE LAMON: The smaller one you're saying?
MS. FOSTER: Yes.
ANDRE LAMON: I believe that one was, like, ten.
MS. FOSTER: And what firearm would that magazine fit in?
ANDRE LAMON: It can go in a Glock pistol.
MS. FOSTER: What, if anything, was found inside each of these magazines?
ANDRE LAMON: For the pistol magazine was ten rounds of ammunition. The 30-round P magazines for the rifle, there was 30 rounds in each one of them.
MS. FOSTER: Now, Ms. Foster, could you please take this down and go back to Government Exhibit 1A-200.
MS. FOSTER: Now, turning to the right chair, how many firearms are shown on that chair?
ANDRE LAMON: Three.
MS. FOSTER: And what type of firearms are pictured on that chair?
ANDRE LAMON: To the left is a Mossberg pump-action shotgun, and then there are two Smith & Wesson M&P rifles.
MS. FOSTER: And for the shotgun, is Mossberg the manufacturer?
ANDRE LAMON: Yes.
MS. FOSTER: And are the two M&P rifles the same make and model of that M&P rifle we saw on the left chair?
ANDRE LAMON: Yes.
MS. FOSTER: And were these six firearms seized by law enforcement during the search?
ANDRE LAMON: Yes.
MS. FOSTER: Just focusing briefly on this round object on the right chair in the very bottom -- actually, could you please display, Ms. Foster, 1A-247.
MS. FOSTER: Special Agent LaMon, what does this show?
ANDRE LAMON: A drum magazine.
MS. FOSTER: And what is a drum magazine?
ANDRE LAMON: It's just a circular-shaped magazine that typically hold larger capacities of ammunition.
MS. FOSTER: And how much ammunition could be loaded into this drum magazine?
ANDRE LAMON: This one was a 60 round.
MS. FOSTER: And was anything found inside of this drum magazine?
ANDRE LAMON: 59 rounds of green-tip ammunition.
MS. FOSTER: And what is green-tip ammunition?
ANDRE LAMON: Green-tip ammunition is manufactured to kind of penetrate body armor better than normal ammunition.
MS. FOSTER: What, if any, of the firearms that we just walked through could this drum magazine connect to?
ANDRE LAMON: That drum magazine could connect to the Smith & Wesson M&P rifles.
MS. FOSTER: Now, Special Agent LaMon, I want to direct your attention to what is being marked for identification as Government Exhibit 1A-112, 1A-113, 1A-114, 1A-115, 1A-116 and 1A-117. And those are all in the boxes in the cart beside you. Would you mind just going up and taking a look at these. And what are these?
ANDRE LAMON: These are the boxes of the firearms individually packaged.
MS. FOSTER: OK. You can sit down with the microphone again.
MS. FOSTER: Oh, is another one at the bottom of the cart?
ANDRE LAMON: Yeah, this smaller box down there.
MS. FOSTER: And are those the same six firearms that were shown in that photo?
ANDRE LAMON: Yes.
MS. FOSTER: And how do you know that?
ANDRE LAMON: We looked in the box to make sure that the serial numbers on -- that are present are, match the ones that we put on our form.
MS. FOSTER: The serial numbers of the firearms that were inventoried on the day of the search?
ANDRE LAMON: Yes.
MS. FOSTER: Your Honor, the government offers only Government Exhibit 1A-116.
MR. AGNIFILO: Same objection, Judge.
THE COURT: 1A116 will be admitted.
(Government Exhibit 1A-116 received in evidence)
MS. FOSTER: Special Agent LaMon, would you mind using the scissors in that folder in front of you, would you mind using that to just open Government Exhibit 1A-116. And I also -- sorry -- believe there's gloves if you'd those in there. Could you just hold that up very briefly. Thank you. And you can return to your seat.
MS. FOSTER: Is there anything on that firearm that was not there when it was found?
ANDRE LAMON: Yes.
MS. FOSTER: What is being added to it?
ANDRE LAMON: A tie, zip tie.
MS. FOSTER: A zip tie?
ANDRE LAMON: Yes.
MS. FOSTER: And where is that zip tie located?
ANDRE LAMON: Through the bolt carrier opening into the magazine well.
MS. FOSTER: And what is the purpose of the zip tie?
ANDRE LAMON: To present -- prevent the bolt carrier from closing and prevent a magazine from being loaded into the firearm.
MS. FOSTER: And you can put that down for a second.
MS. FOSTER: As part of your job, are you familiar with gun serial numbers?
ANDRE LAMON: Yes.
MS. FOSTER: And what is the purpose of a serial number?
ANDRE LAMON: A serial number can help the manufacturer of the weapon track if they have quality control issues. It also is used -- well, it is used in the sale of firearms to track who the person is that bought the firearm. For law enforcement, we use serial numbers to track the person who the gun is registered to, if the gun may have ever been reported as lost or stolen when we encounter them.
MS. FOSTER: Are firearms generally manufactured with a serial number?
ANDRE LAMON: Generally.
MS. FOSTER: Where is that serial number typically located?
ANDRE LAMON: It depends on the type of firearm. For rifle-style firearms like these, they are typically located on the lower receiver. For pistols, they can be on barrels, slides, anywhere else.
MS. FOSTER: We've talked about six firearms that were found in the security room of 200 Mapleton. Do all of those firearms have serial numbers?
ANDRE LAMON: No.
MS. FOSTER: How many do not?
ANDRE LAMON: One.
MS. FOSTER: And focusing on the five firearms that did have serial numbers, was law enforcement able to conduct tracing on those firearms?
ANDRE LAMON: Yes.
MS. FOSTER: And were they traced to a registered owner?
ANDRE LAMON: Yes.
MS. FOSTER: Which of the firearms did not have a serial number?
ANDRE LAMON: This one, the rifle.
MS. FOSTER: 1A-116?
ANDRE LAMON: Yes.
MS. FOSTER: And can you point out just on that firearm where the serial number would have been? Can you just stand up and show --
ANDRE LAMON: So, for this rifle, the serial number would have been here where you see this lighter color metal.
MS. FOSTER: And you can sit back down. Thank you, Special Agent LaMon.
MS. FOSTER: In your job, have you become familiar with processes for eliminating a serial number?
ANDRE LAMON: Yes. Yes.
MS. FOSTER: And how does the serial number on this firearm appear to have been eliminated?
ANDRE LAMON: It was scratched off or, like, sanded off, probably with a machine.
MS. FOSTER: What makes you think that?
ANDRE LAMON: It's very smooth. When they, in my experience in seeing people remove serial numbers with like a screwdriver or something like that just to damage the number, it's pretty rough. This is very smooth to touch, so usually it's, like, a machine, a sanding machine, or something like that.
MS. FOSTER: Thank you. And you can put that firearm back in the box. Actually, Ms. Foster, you can take down 1A-247. Now, Ms. Foster, could you please display Government Exhibit 1A-203.
MS. FOSTER: Special Agent LaMon, what is shown in this photo?
ANDRE LAMON: That is the safe that was in the security room.
MS. FOSTER: And that's the security room where the firearms were found?
ANDRE LAMON: Yes.
MS. FOSTER: And what type of safe is it?
ANDRE LAMON: A firearm -- appears to be a firearms safe.
MS. FOSTER: And again, I believe you mentioned this before, but this firearm safe would have been big enough, you believe, to fit the various firearms that we saw?
ANDRE LAMON: Yes. There looks like there are -- one, two, three -- four or so slots to slide firearms into, just from this photo.
MS. FOSTER: Understood. And what is on the top of the safe?
ANDRE LAMON: Shotgun ammunition. Some books and a cable. Some type of lip balm, maybe.
MS. FOSTER: And was additional ammunition found in the security room other than the ones we've just gone through?
ANDRE LAMON: Yes.
MS. FOSTER: OK. Your Honor, may I have a brief moment?
THE COURT: You may.
MS. FOSTER: No further questions.
THE COURT: Mr. Agnifilo.
MR. AGNIFILO: Yes, Judge.
CROSS-EXAMINATION BY MR. AGNIFILO:
MR. AGNIFILO: Good morning, Special Agent LaMon.
ANDRE LAMON: Good morning, sir.
MR. AGNIFILO: My name is Marc Agnifilo. I'm going to ask you some questions. I'm one of Mr. Combs's lawyers. If I ask you a question and you don't understand it, just tell me to rephrase it and I'm happy to do that.
ANDRE LAMON: OK.
MR. AGNIFILO: You're aware that Mr. Combs has a security service that protects that home at Mapleton, am I right?
ANDRE LAMON: Yes.
MR. AGNIFILO: OK. And I think what you said on direct examination is that there's a dedicated security room. Am I right about that?
ANDRE LAMON: It appears as so.
MR. AGNIFILO: OK. And I just want to see if I can orient us. Can we look at 1A101, already in evidence. OK. Can everyone see that? Can you see that OK? OK.
MR. AGNIFILO: So as we look at it, you see there's sort of two parts of the house that protrude outward from the house; do you see that?
ANDRE LAMON: That is correct.
MR. AGNIFILO: OK. As you're looking at this, there's one on the right and then there's one on the left?
ANDRE LAMON: Yes.
MR. AGNIFILO: Let's focus on the one on the left.
ANDRE LAMON: Yes.
MR. AGNIFILO: Is that the security office?
ANDRE LAMON: Yes.
MR. AGNIFILO: OK. So that security office, so every single gun and every single piece of ammunition that you talked about today, just to be clear, was recovered from that security office?
ANDRE LAMON: That is correct.
MR. AGNIFILO: OK. And just to be clear, you went through the whole house, right?
ANDRE LAMON: From my knowledge.
MR. AGNIFILO: OK. Again, I am not going to ask you one question you can't answer. All right? So you can tell children live in the house, right; you saw bedrooms consistent with children living in the house?
ANDRE LAMON: Yes.
MR. AGNIFILO: OK. All right. And I just want to be crystal clear. There were no guns in any of those bedrooms, right?
ANDRE LAMON: Correct.
MR. AGNIFILO: All right. There was no ammunition in any of those bedrooms, right?
ANDRE LAMON: Correct.
MR. AGNIFILO: There was no guns and ammunition anywhere in this house other than that one security office that you just identified for this jury, right?
ANDRE LAMON: Correct.
MR. AGNIFILO: OK. Now, by the time you saw -- when you got to the location, was that security office door open?
ANDRE LAMON: When I got there, yes.
MR. AGNIFILO: OK. And do you know if it was locked before law enforcement got there that day?
ANDRE LAMON: I do not.
MR. AGNIFILO: OK. You don't know. OK. Can I ask you a question? I'm not trying to put you on the spot. Wouldn't that be something important to know?
ANDRE LAMON: Not particularly. No.
MR. AGNIFILO: OK. And the reason I ask, the reason I ask is because this is a home, right? People live here, children live here, right?
ANDRE LAMON: Yes.
MR. AGNIFILO: OK. So you don't know whether when law enforcement got there on that day if that security office that we're looking at that kind of protrudes here off to the left, if that security office door was locked? And if you don't know, you don't know.
ANDRE LAMON: Yeah. I don't know that it was.
MR. AGNIFILO: OK. Could you see, when you got there, was it in an open position?
ANDRE LAMON: It was.
MR. AGNIFILO: OK. Could you see if it had a lock?
ANDRE LAMON: If it had a lock on, like, a doorknob are you referring to?
MR. AGNIFILO: Yes, a bolt lock, a doorknob lock, anything that would lock that door.
ANDRE LAMON: It had a doorknob.
MR. AGNIFILO: OK.
ANDRE LAMON: I didn't look for a lock to it.
MR. AGNIFILO: OK. Have you ever seen any photographs of that door so we could all see that that is a locking door?
ANDRE LAMON: I don't know that anybody took a picture of the door specifically.
MR. AGNIFILO: OK. All right. So when you get there, that door is ajar?
ANDRE LAMON: Yes.
MR. AGNIFILO: It's open; you don't have to force it open. Let me ask you another question. Could you tell if it appeared to have been forced open, meaning there was some sort of damage to the door or something like that?
ANDRE LAMON: I would think I would, yes. And I don't recall that being --
MR. AGNIFILO: OK. So we don't have any photographs of the state of the door to tell us whether the door was forced open by law enforcement or whether it got opened some other way; we just don't know the answer to that question?
ANDRE LAMON: We don't.
MR. AGNIFILO: All right. OK.
ANDRE LAMON: We just know that it was open.
MR. AGNIFILO: OK. So the first time that you got into the security room, what I think you told the prosecutors is that these guns were already laid out on those two chairs, correct?
ANDRE LAMON: Correct.
MR. AGNIFILO: And I think we saw a photograph of the safe, and the safe was open when we saw the photograph of it, right?
ANDRE LAMON: Correct.
MR. AGNIFILO: You have no reason to think that that safe was open before law enforcement got there, do you?
ANDRE LAMON: I don't.
MR. AGNIFILO: OK. Could you see any marks on the safe consistent with law enforcement forcibly opening the safe?
ANDRE LAMON: We had a locksmith on site, and I don't recall a locksmith touching that safe.
MR. AGNIFILO: OK. Do you know -- only if you know -- if you asked anyone -- let me back up one more second. Mr. Combs was not at this house at the time of the search, right?
ANDRE LAMON: No.
MR. AGNIFILO: OK. To your knowledge, he was in Florida about to get on a plane with his family, is that right?
ANDRE LAMON: I think that's where he was.
MR. AGNIFILO: OK.
ANDRE LAMON: I don't --
MR. AGNIFILO: All right. If you don't know something, you're totally allowed to say I don't know. That's cool. OK. So You think that's where he was, right?
ANDRE LAMON: Yes.
MR. AGNIFILO: But he was not in the house?
ANDRE LAMON: He was not.
MR. AGNIFILO: Do you know, only if you know, if any of the law enforcement officers executing the search asked any of the security personnel, hey, we could break the safe or you could open the safe, what do you think you want to do? Anything like that?
ANDRE LAMON: No, I don't know that they did any of that.
MR. AGNIFILO: All right. You don't know one way or the other?
ANDRE LAMON: I don't know that they asked the guy to open, the guy that was on site to open.
MR. AGNIFILO: OK. Was there a guy on site?
ANDRE LAMON: There was.
MR. AGNIFILO: And do you know -- and these are just questions, do you know or do you not know. Do you know how that safe got opened?
ANDRE LAMON: No.
MR. AGNIFILO: OK. And what you told the members of the jury is that that safe is a gun safe, correct?
ANDRE LAMON: It is.
MR. AGNIFILO: OK. So we're in Manhattan. We don't know a lot about guns, but --
MS. FOSTER: Objection.
MR. AGNIFILO: I'm sorry about the comment, your Honor.
THE COURT: Move on.
BY MR. AGNIFILO:
MR. AGNIFILO: You can buy safes that are specifically gun safes, right?
ANDRE LAMON: Yes.
MR. AGNIFILO: And then there are safes that are for other things, people keep objects in or money or passports and stuff, right?
ANDRE LAMON: Yes.
MR. AGNIFILO: OK. But this was specifically a gun safe?
ANDRE LAMON: From the photo and the features in the photo, it looks like it was manufactured for the purpose of holding a gun, yes.
MR. AGNIFILO: OK. And the reason -- let me see if I can pull it up and take a look. Give me one second. All right. Could we look at 1A203? It's already in evidence. I think that's going to be a picture of the safe, and we can kind of look at it. All right. OK. Could we zoom in on -- actually, we don't have to zoom in.
MR. AGNIFILO: You see in there it looks like there's kind of a place there on the left with little ridges in it that look like it might be able to hold long guns?
ANDRE LAMON: Yes, the four little indentations.
MR. AGNIFILO: OK. So, and tell me if this is right, this is one of the things that leads you to conclude that this is a gun safe?
ANDRE LAMON: Yes, that, the felt lining on the inside of it.
MR. AGNIFILO: OK.
ANDRE LAMON: Yeah, it resembles a gun safe.
MR. AGNIFILO: And when you saw this safe for the first time, it was in this position; the door was open?
ANDRE LAMON: Correct.
MR. AGNIFILO: OK. And you said you had a locksmith on site. Would -- looking at this photo -- I don't know -- do you know of another photo of the safe other than the one we're all looking at right now?
ANDRE LAMON: Not to my knowledge.
MR. AGNIFILO: OK. Fair enough. Is there anything that you can see, looking at this photo, that would lead you to conclude whether this door was opened by a locksmith, by someone who had the combination or the key or in some other manner, or does this photo not tell you the answer to that question?
ANDRE LAMON: This photo doesn't tell me if it was manipulated to be unlocked or it was unlocked already.
MR. AGNIFILO: Understood. OK. And on those long guns -- and you showed the jury one of the long guns a few minutes ago, you're saying those long guns could have fit lengthwise in the safe?
ANDRE LAMON: Yes.
MR. AGNIFILO: OK. And you don't know, you don't know as you sit here today and testify at this trial whether those long guns were in that safe or not?
ANDRE LAMON: Correct.
MR. AGNIFILO: OK. Do you know who would know the answer to that question?
ANDRE LAMON: Maybe someone from SRT. I'm not sure.
MR. AGNIFILO: OK. And what's SRT?
ANDRE LAMON: Special response team.
MR. AGNIFILO: Part of the Department of Homeland Security, or no, maybe not?
ANDRE LAMON: Yeah. It's a team of specialized agents, a part of HSI that's sometimes utilized for larger scale search warrants, cleanings or high-risk search warrants, just depends.
MR. AGNIFILO: OK.
ANDRE LAMON: But yes, they are the ones that made entry first. They may or may not know.
MR. AGNIFILO: OK. As the lead agent -- you said you were the lead agent on this search, correct?
ANDRE LAMON: Correct.
MR. AGNIFILO: What does that mean? What do you do as the lead agent on this search?
ANDRE LAMON: For this search? My responsibility is, once the location was made safe by SRT, my responsibility was to go in and look for items to be seized; provide guidance to the search teams; seize the items ultimately, once it's determined that they will be taken; inventory them; do a report on those and provide them to HSI New York.
MR. AGNIFILO: OK. And wouldn't it be important to you, as the lead agent, to know exactly where these firearms were found?
ANDRE LAMON: Yes and no. I mean as long as they -- if I had a reason to ask them, I don't know that, you know -- in my previous experience dealing with SRT, if they found a weapon that was somewhere that they felt they needed to pass on some information to me, they would. In this case they just advised us that they encountered firearms in the residence. They made the firearms safe, so they should not be loaded. And then they left.
MR. AGNIFILO: OK. So you don't know, all the guns and all the ammunition we looked at photographs of and the gun you showed the jury, you don't know whether all of that stuff was in a locked security room, inside a locked firearms safe, right? You don't know one way or the other?
ANDRE LAMON: Correct.
MR. AGNIFILO: OK. And have you ever seen a photograph of the safe in a closed position before it was opened?
ANDRE LAMON: Not that I can think of, no.
MR. AGNIFILO: OK. Have you ever seen photographs or a video of how the safe was opened?
ANDRE LAMON: No.
MR. AGNIFILO: No?
ANDRE LAMON: No.
MR. AGNIFILO: OK. Have you ever seen a photograph of what the contents of the safe looked like after the door was opened?
ANDRE LAMON: No.
MR. AGNIFILO: OK. Because that photograph, you agree with me -- forget the photograph. That view -- at some point the safe was open; someone looked inside of it -- that would tell us definitively, wouldn't it, what items were in the safe and what items were not in the safe?
ANDRE LAMON: Correct.
MR. AGNIFILO: OK. Was there anything in the operation protocol that would have called for that type of photographing?
ANDRE LAMON: Can you say that -- can you say that again?
MR. AGNIFILO: Sure. Sure. Was there anything in the protocol -- let me take a step back. This is an important search, right? It's a big house, right? Yes?
ANDRE LAMON: Oh, yes.
MR. AGNIFILO: It's a big house; it's a lot of agents, right?
ANDRE LAMON: Yes.
MR. AGNIFILO: And just to be clear, this is solely Department of Homeland Security, there are no other federal agents involved, correct?
ANDRE LAMON: Task force. Not like an entire agency, but we do have agents from, like, the ATF that was task force.
MR. AGNIFILO: OK. No FBI?
ANDRE LAMON: No.
MR. AGNIFILO: OK. So you all at Homeland Security at some point come up with some sort of protocol, am I right, of how you're going to do this search?
ANDRE LAMON: Correct.
MR. AGNIFILO: OK. And just tell the jury -- I don't want any inside baseball stuff. Just tell the jury, real quickly, what does that involve?
ANDRE LAMON: With coming up to do the search?
MR. AGNIFILO: Yeah. Before the search, you guys say we're going to get a search warrant.
ANDRE LAMON: Yes.
MR. AGNIFILO: What are we going to search? We are going to search this house. Whose house? Sean Combs' house. What's the house like? You ask a million questions, right?
ANDRE LAMON: Correct.
MR. AGNIFILO: And you know that one of the things you're looking for in the premises is firearms, right?
ANDRE LAMON: Yes.
MR. AGNIFILO: OK. And so, what I'm wondering is whether you all had a meeting and came up with a general protocol -- protocol might not be the right word, that's my word -- of how you're going to conduct this search?
ANDRE LAMON: Yes.
MR. AGNIFILO: OK. And my question is, was part of that protocol photographing items before they were moved from one place to another place?
ANDRE LAMON: Yes.
MR. AGNIFILO: OK. All right. Because what you're really trying to make sure you know is where an item was before law enforcement got there and then moved it to another place, right?
ANDRE LAMON: Yes.
MR. AGNIFILO: OK. Because you told the jury a little while ago you found some things on Mr. Combs's nightstand by his bed, right?
ANDRE LAMON: Inside of it, yes.
MR. AGNIFILO: Yeah, yeah. And do you know if that stuff was moved before you saw it?
ANDRE LAMON: Before I saw it?
MR. AGNIFILO: Yes, sir.
ANDRE LAMON: The agent who discovered it probably in the process of looking for something, if it was covered or it was underneath, they would have to move things. But if they determined that it was something they might need, we're going to try to sit it back in the spot where it was originally found.
MR. AGNIFILO: OK. So my question is did that happen with these firearms? And the specific question is this: Someone opened -- the safe is opened somehow. Someone could take a photograph of the inside of the safe so we can all know what was in the safe or what wasn't in the safe, isn't that right?
ANDRE LAMON: For SRT, no. And that's --
MR. AGNIFILO: For?
ANDRE LAMON: For the SRT team, no, that's not their procedures. SRT's sole purpose upon entering the location is to look for people, or if they encounter weapons, to make weapons safe. They would not go in with a camera and take a picture of things. Their primary focus is to make sure that myself and the rest of the search team, once we are on premise, are in an area where we deem it to be safe now for us to conduct our business. If SRT was not involved, then I myself, as the case agent and the team lead, may have instructed our entry team to, if they encountered firearms, to remember that. But SRT has their set of procedures and protocols. I'm not on that team, so I can't say that. In my training and experience with SRT, I've never seen them, whether it's Homeland Security or operating with FBI SWAT or ATF specialized team, even LAPD or the L.A. County Sheriffs, I've never seen them go in, in the process of trying to make an area safe, take a phone out or a camera and take a picture of something when they encounter firearms.
MR. AGNIFILO: Is there anything preventing you from having someone with a phone or someone with a camera go in with the SRT team so we can understand where these guns were when you encountered them?
ANDRE LAMON: The thing that would be preventing me or my search team? Yes. And that would be the SRT team because we are not trained to operate with them and how they conduct their tactics. Therefore, I would not be allowed to follow in behind them, for safety procedures. I don't wear the same gear that they wear. I don't know how to move amongst rooms and hallways and clear rooms the way that they do it. So, no, they would not allow me to just follow behind them and kind of take pictures of things.
MR. AGNIFILO: So we don't have any pictures -- because of this protocol that you're laying out for this jury, we have no idea where these guns were, right?
ANDRE LAMON: Outside of them being in the security room?
MR. AGNIFILO: Yeah. We don't know if all of these guns were in a safe or if all of these guns were scattered on a bunch of chairs in the security room; we don't know the answer to that question, right?
ANDRE LAMON: Yeah. Yes.
MR. AGNIFILO: And part of the reason we don't know the answer to that question is because——and you explained the reason——nobody took any photographs of how things were before law enforcement got there, right?
ANDRE LAMON: Yes.
MR. AGNIFILO: Now, you guys don't wear body cameras, right?
ANDRE LAMON: No.
MR. AGNIFILO: Unlike some, we've heard of police departments wearing body cameras, you guys don't do that, right?
ANDRE LAMON: At the moment, no. I think it was supposed to be implemented, but I don't know that that's --
MR. AGNIFILO: OK. All right. And you never -- when you came into that security room, you didn't say to yourself, hey, as the lead case agent, I want to know where these guns were before law enforcement got here, you didn't talk to anybody from SRT to answer that question, am I right?
ANDRE LAMON: I did not.
MR. AGNIFILO: Now, I think you said -- how many search warrants have you been involved in executing?
ANDRE LAMON: At least 50 or 60.
MR. AGNIFILO: 60?
ANDRE LAMON: At least 50 or 60.
MR. AGNIFILO: And you said you're with human trafficking and smuggling, what is it, a unit, what is it?
ANDRE LAMON: It's a group.
MR. AGNIFILO: OK. And in your 60 or so search warrant executions as part of the human trafficking and smuggling investigation group, how many times have you recovered Astroglide?
ANDRE LAMON: One.
MR. AGNIFILO: Yeah? Other than this day?
ANDRE LAMON: No. This is the only.
MR. AGNIFILO: This is the only time, right? How about baby oil? So tell the jury all the human trafficking and smuggling investigation search warrants that you conducted when you walked out with boxes of baby oil.
ANDRE LAMON: It's only been in this one.
MR. AGNIFILO: That's what I thought.
MS. FOSTER: Objection.
THE COURT: All right. No comments, please.
BY MR. AGNIFILO:
MR. AGNIFILO: And there's a lot, we saw boxes and boxes of Astroglide, right?
ANDRE LAMON: Yes.
MR. AGNIFILO: You just saw it a little while ago, right?
ANDRE LAMON: Yes.
MR. AGNIFILO: And baby oil was in the garage and baby oil was in a bathroom, right?
ANDRE LAMON: I don't know if baby oil was in the garage, but --
MR. AGNIFILO: I thought that's what you said. Maybe I have it wrong. In boxes, maybe?
ANDRE LAMON: Astroglide was in the boxes.
MR. AGNIFILO: OK. Astroglide was in the boxes, buying in bulk, buying Astroglide in bulk; that's what it looks like to you?
ANDRE LAMON: Sure.
MR. AGNIFILO: So the baby oil and the Astroglide was in the living parts of the house, but those guns, tell the jury where every single one of those guns were.
ANDRE LAMON: Security room.
MR. AGNIFILO: Yes, in the security room. There was no gun anywhere in any of those three houses that you looked in, anywhere other than in that one security room, right?
ANDRE LAMON: Correct.
MR. AGNIFILO: All right. You're from Los Angeles?
ANDRE LAMON: Yes.
MR. AGNIFILO: All right. I hope you enjoy New York. Thank you.
THE COURT: Ms. Foster, anything further?
MS. FOSTER: Nothing from the government.
THE COURT: All right. Thank you, Special Agent LaMon.