MS. JOHNSON: And Special Agent Penland, when we broke before lunch, do you recall that you were testifying about the first three columns in line 3 of 1402?
DELEASSA PENLAND: Yes.
MS. JOHNSON: And directing your attention to -- strike that. And do you recall reviewing flight itineraries that are cited in those three columns?
DELEASSA PENLAND: Yes.
MS. JOHNSON: Whose name was the flight itineraries in?
DELEASSA PENLAND: Jules Theodore.
MS. JOHNSON: Where else, if at all, is that name listed on row 3?
DELEASSA PENLAND: Under names as well as flight records.
MS. JOHNSON: And based on your work in confirming the accuracy of the chart at 1402, have you seen any Jules Theodore listed elsewhere on this chart?
DELEASSA PENLAND: Yes.
MS. JOHNSON: So I'd like to focus on the names column now. Have we reviewed Government Exhibit 3A-107?
DELEASSA PENLAND: Yes.
MS. JOHNSON: Before lunch?
DELEASSA PENLAND: Yes.
MS. JOHNSON: So I'd like to pull up the citation under Casandra Ventura, Government Exhibit 4A-124, at page 243, please, Ms. Gavin.
MS. JOHNSON: Special Agent Penland, what kind of document is Government Exhibit 4A-124?
DELEASSA PENLAND: This is an American Express statement.
MS. JOHNSON: And Ms. Gavin, could you please zoom in on that bottom charge on this page.
MS. JOHNSON: In the course of your work as a law enforcement officer, have you reviewed American Express statements before?
DELEASSA PENLAND: Yes.
MS. JOHNSON: And are you aware whether American Express statements sometimes contain point of sale information in the statement?
DELEASSA PENLAND: They do.
MS. JOHNSON: And what, if anything, does this line reflect about the American Air Lines charge to the American Express statement?
DELEASSA PENLAND: There was a charge on December 1, 2009, to American Air Lines for a ticket from Miami, Florida, to LaGuardia International Airport in the name of Casandra Ventura, and the date of departure is December 2, 2009.
MS. JOHNSON: Ms. Gavin, could you please now take this one down and go to page 247. And could you please zoom in on the middle of the page, the charge for United Airlines on December 10.
MS. JOHNSON: Special Agent Penland, what charge is listed for United Airlines in this American Express statement?
DELEASSA PENLAND: On December 7, 2009, there's a charge to United Airlines for a ticket from JF Kennedy Airport to Los Angeles, California. The passenger name is Casandra Ventura, and the date of departure is December 16, 2009.
MS. JOHNSON: We can take that down, Ms. Gavin. And can you please pull back up Government Exhibit 1402, line 3.
MS. JOHNSON: Special Agent Penland, are the government exhibits we just reviewed, 4A124, the citations for the Casandra Ventura name in both -- in the last two columns?
DELEASSA PENLAND: Yes.
MS. JOHNSON: Finally, focusing on the last column, where Mr. Theodore's name is listed, have you already reviewed the first three citations, 3A107, 3A109 and 3A112?
DELEASSA PENLAND: Yes.
MS. JOHNSON: I'd like to turn back now to Government Exhibit 4A-124, at page 247. And Ms. Gavin, can you please zoom in on the second-from-the-bottom row.
MS. JOHNSON: And Special Agent Penland, what charge from American Air Lines is listed on this American Express statement?
DELEASSA PENLAND: There's a charge on December 11, 2009, by American Air Lines for a ticket from Los Angeles, California, to JF Kennedy Airport. The passenger name is Jules Theodore, and the date of departure is December 11, 2009.
MS. JOHNSON: So I'd like to take that down now, and pull up Government Exhibit 1405B, as in boy.
MS. JOHNSON: Is this a chart that you were asked to review for accuracy?
DELEASSA PENLAND: Yes.
MS. JOHNSON: Can you please explain what this chart shows?
DELEASSA PENLAND: This -- this chart shows selected charges that were made on American Express statement ending in 6009.
MS. JOHNSON: Who selected the charges that are contained in Government Exhibit 1405B?
DELEASSA PENLAND: The trial team.
MS. JOHNSON: And going through the columns, what does the color coding on the left-hand side indicate?
DELEASSA PENLAND: This color coding ties to another chart.
MS. JOHNSON: And we'll look at that in a moment.
MS. JOHNSON: What is actually depicted in the charged on American Express statement column?
DELEASSA PENLAND: These are screenshots of the actual charge in the American Express statement.
MS. JOHNSON: And what, if you know, does the date listed on the American Express statement reflect?
DELEASSA PENLAND: The posting date.
MS. JOHNSON: Would that be the date the charge posted to the credit card?
DELEASSA PENLAND: Yes.
MS. JOHNSON: And what is the amount column?
DELEASSA PENLAND: This is the amount of the charge.
MS. JOHNSON: What is the payment method column?
DELEASSA PENLAND: The American Express statement that was being charged and also includes the state -- the government exhibit number as well as the page number.
MS. JOHNSON: And what is the account holder column?
DELEASSA PENLAND: This is who the account holder for that American Express statement or number is.
MS. JOHNSON: And that's the American Express card ending in, American Express account ending in 6009 for this particular exhibit?
DELEASSA PENLAND: Yes.
MS. JOHNSON: So I'd like to walk through the rows now.
MS. JOHNSON: Starting at the top row, is this -- did we previously look at this first row in connection with Government Exhibit 1402?
DELEASSA PENLAND: We did.
MS. JOHNSON: And what does this row show?
DELEASSA PENLAND: This is the December 10, 2009, charge by United Airlines for the ticket for Casandra Ventura.
MS. JOHNSON: And what city does that flight depart from?
DELEASSA PENLAND: JF Kennedy Airport.
MS. JOHNSON: And what city is that associated, is that airport associated with?
DELEASSA PENLAND: Los Angeles -- oh, I'm sorry. What city?
MS. JOHNSON: What city is JFK airport associated with?
DELEASSA PENLAND: New York City.
MS. JOHNSON: How, if at all, does the final line that's color coded the same dark blue relate to the first charge that's highlighted in yellow?
DELEASSA PENLAND: This indicates they are both United Airlines charges.
MS. JOHNSON: And focusing now on the final line, did the date of departure change in the final line?
DELEASSA PENLAND: It did.
MS. JOHNSON: What's the updated date of departure?
DELEASSA PENLAND: December 15.
MS. JOHNSON: Focusing on the second line, that's the overage next to it, what does the second line show?
DELEASSA PENLAND: There was a charge on December 13, 2009, by London NYC Hotel. The arrival date was December 11, 2009. And the departure date was December 13, 2009. The total charge was $1,977.50.
MS. JOHNSON: Looking at the line below that, the third line, the charge for American Air Lines, have we already reviewed that charge in connection with Government Exhibit 1402?
DELEASSA PENLAND: Yes.
MS. JOHNSON: How, if at all, does the line underneath this line, the fourth line, relate to the American Air Lines charge?
DELEASSA PENLAND: The next line indicates there's a travel agency service fee in relation to the Jules Theodore ticket.
MS. JOHNSON: For every charge listed on Government Exhibit 1405, what account paid that charge?
DELEASSA PENLAND: The American Express ending in 6009.
MS. JOHNSON: Who was the account holder at this time for the American Express ending in 6009?
DELEASSA PENLAND: Sean Combs.
MS. JOHNSON: We can take that down now, Ms. Gavin. If you could please pull up Government Exhibit 1553, which is just a demonstrative.
MS. JOHNSON: Special Agent Penland, what does this show?
DELEASSA PENLAND: This shows that the Sean Combs American Express statement ending December 24, 2009, it indicates each of the charges that we previously looked at and indicates that at the end of that statement, there were other charges totaling $363,749, for a total amount due at the end of that statement of $369,279.
MS. JOHNSON: Ms. Gavin, can you please go to page 2 of Government Exhibit 1553.
MS. JOHNSON: And what is shown on page 2 of Government Exhibit 1553?
DELEASSA PENLAND: This shows that of that $369,279, that a single Signature Bank account was used to pay off that full amount, and that was an account ending 9686.
MS. JOHNSON: And who is the account holder of the account ending at Signature Bank ending in 9686?
DELEASSA PENLAND: 207 Anderson LLC, care of Bad Boy Entertainment Worldwide.
MS. JOHNSON: Ms. Gavin, can you please take this down and pull up Government Exhibit 1402, page 6. And I want to focus now on line 16.
MS. JOHNSON: Special Agent Penland, you testified earlier that you reviewed some text message communications in connection with your confirmation of the accuracy of this chart. Do you recall that testimony?
DELEASSA PENLAND: Yes.
MS. JOHNSON: So before we review those communications, what time zone were the communications that you reviewed made in?
DELEASSA PENLAND: UTC.
MS. JOHNSON: And have you reviewed copies of the exhibits cited in certain lines that we'll walk through of this chart that contain conversions of the UTC time to other Eastern Time or Pacific Time?
DELEASSA PENLAND: Yes.
MS. JOHNSON: Have you confirmed the accuracy of the time conversions?
DELEASSA PENLAND: Yes.
MS. JOHNSON: Your Honor, we're going to offer, as we walk through the chart as an aid to the jury, certain communications with time zone conversions that we've marked B354Z, B233Z, B325Z, B361Z, B362Z, B626Z, B322Z, B327Z, B260Z, B218Z and B217Z.
THE COURT: Any objection to those demonstratives? Is.
MS. GERAGOS: Not as demonstratives, your Honor.
BY MS. JOHNSON:
MS. JOHNSON: Directing your attention back to Government Exhibit 1402 at line 16, what city is listed in the location column?
DELEASSA PENLAND: New York City.
MS. JOHNSON: So for the communications you reviewed in connection with line 16, what time zone were the chats converted to?
DELEASSA PENLAND: Eastern.
MS. JOHNSON: I want to start by looking at the citation to the flight records column. Ms. Gavin, can you please pull up Government Exhibit 6T-107 at page 68. If you could zoom in on the top half, please.
MS. JOHNSON: Special Agent Penland, what kind of document is this?
DELEASSA PENLAND: This is a travel invoice.
MS. JOHNSON: And directing your attention to the top half, below the letterhead, what does it say below the letterhead of Alpha International Travel?
DELEASSA PENLAND: Bad Boy Entertainment.
MS. JOHNSON: And who is the passenger on this flight?
DELEASSA PENLAND: Casandra Ventura.
MS. JOHNSON: And what's the departure date of the flight?
DELEASSA PENLAND: October 10, 2012.
MS. JOHNSON: What is the route of the flight?
DELEASSA PENLAND: From Los Angeles to New York, Kennedy.
MS. JOHNSON: You can take that down now, Ms. Gavin. Can you pull back up Government Exhibit 1402, page 6, row 16.
MS. JOHNSON: Special Agent Penland, are there a number of other government exhibits cited underneath the other columns of this chart?
DELEASSA PENLAND: Yes.
MS. JOHNSON: So we'll walk through a few of those, starting with the communications in the names column. I'm going to pull up now Government Exhibit E354Z.
MS. JOHNSON: The first page of this, who are the participants in this chat?
DELEASSA PENLAND: Casandra Ventura and Sean Combs.
MS. JOHNSON: And is Casandra Ventura the local user as it's depicted on the screen?
DELEASSA PENLAND: Yes.
MS. JOHNSON: And how do you know that?
DELEASSA PENLAND: I know that, based on testimony, that this device was hers.
MS. JOHNSON: OK. Can you please zoom out and go to page 2.
MS. JOHNSON: Focusing your attention on the top bubble, what is the date and time converted to Eastern Time of the top bubble?
DELEASSA PENLAND: 5:12 p.m., October 13, 2012.
MS. JOHNSON: So as we go through this chart, I'll read the gray bubbles that Mr. Combs sent if you read the blue bubbles that Ms. Ventura sent. Starting with Mr. Combs: You ready for tonight?"
DELEASSA PENLAND: "Yes. I just GTA get stuff."
MS. JOHNSON: "You got all you need? Man, you had all day. All day. It's always something."
MS. GERAGOS: Judge, can we have a quick sidebar, please?
THE COURT: Yes.
(Continued on next page)
(At sidebar)
MR. DRISCOLL: Your Honor, we just wanted to clarify. The witness just said that she had reviewed testimony, and that's how she had a basis for certain knowledge. Our understanding is that the government's witnesses were sequestered, so we're just confused as to why she would have done that.
MS. JOHNSON: This was in the 3500 that she reviewed. Her testimony is that she had an understanding in particular that the devices came from Ms. Ventura.
MR. DRISCOLL: I guess the question is why, given that both parties agreed to a sequestration?
MS. JOHNSON: She's not a fact witness. She's not testifying to personal knowledge. She needs a basis to understand who the local user is of this device.
THE COURT: Well, why did you -- let me take a step back. She didn't need to review the testimony. She could have just been told by the government that this was her device, right?
MS. JOHNSON: I don't think she could testify to what I told her.
THE COURT: But then how is she able to discern anything from the review of testimony if she was supposed to be sequestered? And she was supposed to be sequestered because she's not testifying as an expert witness, so she necessarily is testifying as a fact witness, right?
MS. JOHNSON: Well, she's not testifying from any personal knowledge.
THE COURT: Well, that would be a separate problem.
MS. JOHNSON: Right.
THE COURT: I thought the personal knowledge that she had was on the chart and the preparation of the chart. And that's why she's even able to testify. You can't just put a witness up there just to testify not based on personal knowledge unless they're an expert, right?
MS. JOHNSON: Correct.
THE COURT: OK. So that gets back to the question as to, like, what is she testifying about now?
MS. JOHNSON: She testified that she knows that these devices are -- that local user is Casandra Ventura because she has reviewed the testimony and knows that this particular series of devices was Casandra Ventura's devices.
THE COURT: Do you have a stipulation or something that addresses this?
MS. JOHNSON: We only recently entered into a stipulation about this.
MS. GERAGOS: We can just show the stipulation.
MS. JOHNSON: We can show the stipulation. I won't ask the question again.
THE COURT: Show the stipulation. I think it's a tiny objection. If there's a way around it, let's --
MS. JOHNSON: I didn't have a chance to show that part of the stipulation yet.
THE COURT: You don't have an objection to the witness being shown the stipulation?
MS. GERAGOS: Not at all.
THE COURT: All right. OK. I think the objection is because it might come up again in a different context. But if we have a stipulation, great. Let's do it that way.
(Continued on next page)
(In open court)
MS. JOHNSON: Ms. Gavin, could we please pull up Government Exhibit B1312R -- I'm sorry. Not B. Government Exhibit 1312R. Thank you. And go to page 2. And I'll just read into the record that Casandra Ventura is the user -- the local user of MacBook Pro A1278 and the local user of MacBook Air, with a number of letters and numbers following it. You can take that down now. Let's go back to Government Exhibit B354 at page 2. I'm so sorry. We've finished this one. Let's go to B325 at page 1.
MS. JOHNSON: Special Agent Penland, who are the participants in this chat?
DELEASSA PENLAND: Casandra Ventura and Dave.
MS. JOHNSON: Can you pull up side by side with this, Ms. Gavin, Government Exhibit 1312R at page 2. And can you please highlight the second entry under Clayton Howard, a/k/a "Dave."
MS. JOHNSON: Special Agent Penland, is the same number on Government Exhibit E325Z listed as the contact phone number for Clayton Howard, a/k/a "Dave" in this stipulation?
DELEASSA PENLAND: Yes.
MS. JOHNSON: We can take that down now. Ms. Gavin, can you please go to pages 18 and 19 side by side.
MS. JOHNSON: What is the date and time of the first message converted to Eastern Time?
DELEASSA PENLAND: 3:37 p.m., October 13, 2012.
MS. JOHNSON: And who is the local user of MacBook Pro A1278, based on the stipulation?
DELEASSA PENLAND: Casandra Ventura.
MS. JOHNSON: If you read the blue bubbles for Ms. Ventura, I'll read the gray bubbles for Dave.
DELEASSA PENLAND: "Hey, are you avail tonight?"
MS. JOHNSON: "Hey. Yes, I am, after like 9 p.m."
DELEASSA PENLAND: "OK. Cool. Will hit you soon with details."
MS. JOHNSON: Sorry. Can you zoom out, Ms. Gavin.
MS. JOHNSON: "Koo."
MS. JOHNSON: Go to the next page.
DELEASSA PENLAND: "Hey. Sorry to hit you so late. It's the Trump in Columbus Circle. I'm headed there now so I'll text you the room number when I get there, but start getting there now."
MS. JOHNSON: "Koo."
DELEASSA PENLAND: "Janet Clark. 408. How long you thinking? You got the name who to say you are dropping off to?"
MS. JOHNSON: Can you go to the next page, please, Ms. Gavin? A. "Tree Janet Clark. Yes, here."
MS. JOHNSON: What is the date and time converted to Eastern Time of the message here?
DELEASSA PENLAND: 1:08 a.m. on October 14, 2012.
MS. JOHNSON: And the next message, which reads: "Hey, can.you.contact front desk. And in lock porn. Channel." What is the converted date and time of that message?
DELEASSA PENLAND: 3:24 a.m., October 14, 2012.
MS. JOHNSON: Can you zoom out and then zoom in to the next two messages, please, Ms. Gavin.
MS. JOHNSON: In response to the previous question, what does Ms. Ventura say?
DELEASSA PENLAND: "Just called them and told them food and movies. What room is it? I didn't look."
MS. JOHNSON: And what room number does Dave respond with?
DELEASSA PENLAND: 612.
MS. JOHNSON: You can take that down now, Ms. Gavin. Can you please pull up Government Exhibit 7Y-108.
MS. JOHNSON: Special Agent Penland, what kind of document is Government Exhibit 7Y-108?
DELEASSA PENLAND: This is a hotel invoice.
MS. JOHNSON: And what hotel is it an invoice for?
DELEASSA PENLAND: Trump International Hotel & Tower.
MS. JOHNSON: In what city is the Trump International Hotel & Tower located?
DELEASSA PENLAND: New York City.
MS. JOHNSON: Can you zoom in on the right-hand side above the charges, Ms. Gavin.
MS. JOHNSON: What's the room number associated with this invoice?
DELEASSA PENLAND: 612.
MS. JOHNSON: And what is the arrival date of this invoice?
DELEASSA PENLAND: October 14, 2012.
MS. JOHNSON: What's the departure date of this invoice?
DELEASSA PENLAND: October 14, 2012.
MS. JOHNSON: What is the name associated with the invoice on the left?
DELEASSA PENLAND: Mr. Frank Black.
MS. JOHNSON: Directing your attention now to the descriptions, what is the description of the first charge?
DELEASSA PENLAND: "Room charge, guest request room at 3 a.m."
MS. JOHNSON: Moving down a few lines after the tax, there's a line for movie. What is the charge associated for movie?
DELEASSA PENLAND: 34.95.
MS. JOHNSON: And moving down to the in-room dining breakfast, what's the charge associated with that?
DELEASSA PENLAND: 67.24.
MS. JOHNSON: And what charge is associated in two lines down with refreshment center?
DELEASSA PENLAND: $200.33.
MS. JOHNSON: And how was this invoice paid according to the detail -- to the descriptions?
DELEASSA PENLAND: American Express ending 3004.
MS. JOHNSON: And directing your attention to the line between in-room dining and refreshment center, is there another source of payment?
DELEASSA PENLAND: Cash.
MS. JOHNSON: And how much is the cash payment?
DELEASSA PENLAND: $793.56.
MS. JOHNSON: You can take that down, Ms. Gavin. Please pull up Government Exhibit 7Y-107.
MS. JOHNSON: What kind of document is this?
DELEASSA PENLAND: This is also a hotel invoice for Trump International Hotel & Tower.
MS. JOHNSON: And what room number is associated with this invoice?
DELEASSA PENLAND: 408.
MS. JOHNSON: What is the arrival date of this invoice?
DELEASSA PENLAND: October 13, 2012.
MS. JOHNSON: And what is the departure date?
DELEASSA PENLAND: October 14, 2012.
MS. JOHNSON: And what name is associated with this reservation?
DELEASSA PENLAND: Janet Clark.
MS. JOHNSON: In your review of the message we just looked at, did you recall seeing the name Janet Clark?
DELEASSA PENLAND: Yes.
MS. JOHNSON: How was this room paid, according to the invoice?
DELEASSA PENLAND: Cash.
MS. JOHNSON: And take this down now, Ms. Gavin. Can you please pull up Government Exhibit E233Z.
MS. JOHNSON: Zooming in on the top, who are the participants in this communication?
DELEASSA PENLAND: Casandra Ventura and New York Punish.
MS. JOHNSON: Ms. Gavin, can you please pull up next to this Government Exhibit 1312R at page 3. Can you magnify the final line on page 3.
MS. JOHNSON: Special Agent Penland, does the number associated with Sharay Hayes, a/k/a "New York Punish," the same number that you see on Government Exhibit E233Z?
DELEASSA PENLAND: Yes.
MS. JOHNSON: We can take that down.
MS. JOHNSON: And what is the date and time converted to Eastern Time in the first message?
DELEASSA PENLAND: 11:15 p.m., October 13, 2012.
MS. JOHNSON: Let's go to pages 3 and 4, side by side, please.
MS. JOHNSON: If you can read the gray bubbles associated with Ms. Ventura, I'll read the -- if you can read the blue bubbles associated with Ms. Ventura, I'll read the gray bubbles.
DELEASSA PENLAND: "Great. Thank you. And can we actually do 3 a.m.? At the Trump Hotel, Columbus Circle."
MS. JOHNSON: Just pausing you there, in what borough is Columbus Circle?
DELEASSA PENLAND: Manhattan.
MS. JOHNSON: "3 a.m. is perfect. I'll text when I'm on the way. The cost is $200 cash?"
DELEASSA PENLAND: "Great. Will send you room number and name in ten min. Thank you. "Janet Clark 408. "Hit me when you are on the way."
MS. JOHNSON: "OK. Call me when free. Is the show still on?"
DELEASSA PENLAND: "Yeah. 4."
MS. JOHNSON: Can you go to the next page, Ms. Gavin.
MS. JOHNSON: "OK. OK."
DELEASSA PENLAND: "Can you do 3:30?"
MS. JOHNSON: What's the date and time of the last message you read converted to Eastern Time?
DELEASSA PENLAND: 2:49 a.m., October 14, 2012.
MS. JOHNSON: We can take this down now. Can you please pull up Government Exhibit E325Z.
MS. JOHNSON: And have you previously looked at this exhibit?
DELEASSA PENLAND: Yes.
MS. JOHNSON: Who are the participants?
DELEASSA PENLAND: Casandra Ventura and Dave.
MS. JOHNSON: And going to pages 20 and 21 side by side.
MS. JOHNSON: We left off at the messages about contacting the front desk. Can you remind the jury of the time stamp of the, on page, the last message with the converted time stamp on page 20 on the left-hand side?
DELEASSA PENLAND: 3:24 a.m., October 14, 2012.
MS. JOHNSON: OK. Going to page 21 now, if you can zoom in on that, please, Ms. Gavin.
MS. JOHNSON: What is the converted time stamp in Eastern Time of the gray bubble?
DELEASSA PENLAND: 6:58 a.m., October 142012.
MS. JOHNSON: So, again, I'll read the gray bubbles for Dave, and you'll read the blue bubbles for Ms. Ventura. "Dave, New York now. On my way.down," question mark. "About to.head down. OK," question mark. "just TXT when URE ready. I'm here."
DELEASSA PENLAND: "Ready."
MS. JOHNSON: "OK. Coming now." "Here." And what is the date and time converted to Eastern Time of the text here?
DELEASSA PENLAND: 7:40 a.m., October 14, 2012.
MS. JOHNSON: So if you can take that down now, Ms. Gavin. Can you please go back to Government Exhibit 1402, page 6, line 16.
MS. JOHNSON: And focusing on the date column, I want to direct your attention to the citations BX204, BX206 and BX207. What kind of exhibits are those materials?
DELEASSA PENLAND: Videos.
MS. JOHNSON: Ms. Gavin, can you please pull up side by side Government Exhibit 1307 at page 2. And I will read paragraphs 5, 7 and 8. 5 reads: "Government Exhibit BX204 is an enhanced version of Government Exhibit BX204A, an original video that was created on October 14, 2012." Paragraph 7 reads: "Government Exhibit BX206 is an enhanced version of Government Exhibit BX206A, an original video that was created on October 14, 2012." And paragraph 8 reads: "Government Exhibit BX207 is an enhanced version of BX207A, an original video that was created on October 14, 2012." So, we'll get back to those videos in a moment. If we can go back to Government Exhibit 1402, can you please go to line 7, and -- I'm so sorry. Page 7, line 17.
MS. JOHNSON: Special Agent Penland, are there also video exhibits cited in line 17?
DELEASSA PENLAND: Yes.
MS. JOHNSON: Which exhibits are those?
DELEASSA PENLAND: GX BX205 and GX BX210.
MS. JOHNSON: Ms. Gavin, can you please pull up next to it Government Exhibit 1307 at page 2. And I will read paragraphs 6 and 11. Each state that Government Exhibit BX205 and Government Exhibit 210 are enhanced versions of Government Exhibits BX205A and BX210A, original videos created on October 20, 2012. We can take that down now. Ms. Gavin, can you please go to page 16, line 47.
MS. JOHNSON: Special Agent Penland, are there also video exhibits cited in line 47?
DELEASSA PENLAND: Yes.
MS. JOHNSON: Which exhibits are those?
DELEASSA PENLAND: GX BX201 and GX BX202.
MS. JOHNSON: OK. Taking that down, can you put that next to it 1312R -- not 1312, 1307. I'll read paragraphs 2 and 3. Sorry. Can you go back to page 1, please. So "Government Exhibits BX201 and BX202 are enhanced versions of Government Exhibit BX201A and Government Exhibit BX202A, original videos created on October 8, 2014." And finally can we please go to page 17, line 48.
MS. JOHNSON: Directing your attention to the top, are there also video exhibits cited in line 48?
DELEASSA PENLAND: Yes.
MS. JOHNSON: Can you please pull up --
MS. JOHNSON: Which exhibits are those?
DELEASSA PENLAND: GX BX203, GX BX208 and GX BX209.
MS. JOHNSON: Ms. Gavin, can you please pull up next to it Government Exhibit 1307 at page 2, and reading paragraphs 4, 9 and 10: "Government Exhibit BX203, BX209 and BX210 are enhanced versions of Government Exhibit BX203A, BX209A and BX210A, which are original videos created on October 20, 2012, 2012" -- No. I read that totally wrong -- "created on December 4, 2014." OK. So, your Honor, at this time I would ask that we turn off the overflow room feed, and we've previously passed -- and the screen in the gallery. We've previously passed out headphones, and we're going to watch short clips of videos.
THE COURT: Let me ask the deputy to confirm when those feeds have been turned off.
COURT CLERK: Yes, your Honor. Confirmed.
THE COURT: Ms. Johnson, do you want to remind the jury how to use these things?
MS. JOHNSON: Yes. I believe, and I may need Ms. Gavin's assistance, that there's a button that you press. And are you playing the sound, Ms. Gavin, to test it? Can you play the sound to test it.
THE COURT: Is anyone not hearing a sound? I see a thumbs up, so I think we're good to go.
MS. JOHNSON: OK. Your Honor, we are only going to play the videos for the Court, the witness and the jury, due to the counsels' screen being visible in the gallery.
THE COURT: All right.
MS. JOHNSON: We've previously conferred with defense counsel on this point.
MS. GERAGOS: I had my headphones in, but that's right.
THE COURT: Good.
MS. JOHNSON: Your Honor, may I go over to Ms. Gavin to conduct the examination, because that's the only place where I'll be able to see the screen?
MS. JOHNSON: Special Agent Penland, can you see Government Exhibit BX206?
MS. JOHNSON: Ms. Gavin, can you please pull up for only the witness, the Court and the jury Government Exhibit BX206.
MS. JOHNSON: Special Agent Penland, can you see that on your screen?
DELEASSA PENLAND: Yes.
MS. JOHNSON: How long is this video clip in total?
DELEASSA PENLAND: 11 minutes, 23 seconds.
MS. JOHNSON: I'm just going to play from minute 10:40 until the end of the video.
(Media played)
MS. JOHNSON: OK. You can take that down now. And pulling up for the witness, the Court and the jury only Government Exhibit BX205.
MS. JOHNSON: And Special Agent Penland, how long in total is this video clip?
DELEASSA PENLAND: 11 minutes, 18 seconds.
MS. JOHNSON: Ms. Gavin, can you please play from minute 6:30 to minute 7.
(Media played)
MS. JOHNSON: And then can you please play from minute 9:53 to 10:15.
(Media played)
MS. JOHNSON: And can you please take that down. OK, Ms. Gavin, please play Government Exhibit BX209 for the witness, the Court and the jury only.
(Media played)
BY MS. JOHNSON:
MS. JOHNSON: Can you see that Special Agent Penland?
DELEASSA PENLAND: Yes.
MS. JOHNSON: How long in total is this video clip?
DELEASSA PENLAND: 39 minutes and 50 seconds.
MS. JOHNSON: OK. We're going to play from time stamp 10:30 to 11 minutes.
THE COURT: Ms. Johnson, we're not seeing it up here.
MS. JOHNSON: Oh, you're not? Are you able to see it now?
THE COURT: Yes.
MS. JOHNSON: So we'll play again from time stamp 10:30 to 11 minutes.
(Media played)
MS. JOHNSON: We can take that down now. And that ends the video portion.
THE COURT: Ms. Johnson, we can at this time turn on the overflow feed.
MS. JOHNSON: Absolutely. We can turn on the overflow feed and the gallery.
THE COURT: All right.
MS. JOHNSON: I will ask Ms. Gavin to pull up Government Exhibit 1402, page 9.
MS. JOHNSON: Special Agent Penland, I'm going to direct your attention to line 23.
MS. JOHNSON: I'll give it a moment. OK. The gallery screen is back up online.
MS. JOHNSON: Directing your attention to line 23, what dates are listed in the first column?
DELEASSA PENLAND: January 11, 2013, to January 12, 2013.
MS. JOHNSON: OK. And what location is listed in the second column?
DELEASSA PENLAND: L.A.
MS. JOHNSON: And are there communications that you reviewed in connection with this, with checking the accuracy of this line, have those been converted to Pacific Time?
DELEASSA PENLAND: Yes.
MS. JOHNSON: So let's look at some of those communications.
MS. JOHNSON: And before we get there, though, turning to the names column, the citations in the names column communications that you reviewed?
DELEASSA PENLAND: Yes.
MS. JOHNSON: So let's go through those. Can we pull up Government Exhibit B361Z, please. And zoom in on the top.
MS. JOHNSON: Who are the participants in this chat?
DELEASSA PENLAND: Casandra Ventura and Sean Combs.
MS. JOHNSON: Could you go, please, to pages 2 and 3 side by side, Ms. Gavin.
MS. JOHNSON: What is the date and time of the first message in gray converted to Pacific Time?
DELEASSA PENLAND: 5:52 p.m., January 9, 2013.
MS. JOHNSON: I will read the gray bubbles for Mr. Combs if you read the blue bubbles for Ms. Ventura.
MS. JOHNSON: "you horny?"
DELEASSA PENLAND: "LOL, yeah."
MS. JOHNSON: "Would you want to celebrate Christmas and have a freak-off tonight or Friday?"
DELEASSA PENLAND: "Hmmmmm. "Friday so we can plan it and get the right PPL."
MS. JOHNSON: Would you want to celebrate Christmas and have a freak-off tonight or Friday? Cool?"
DELEASSA PENLAND: "Right?"
MS. JOHNSON: "I have your Christmas presents and stuff. What you about to do. Oooh, you on your period too, RT."
MS. JOHNSON: So taking that down now. If you can pull up, please, Government Exhibit B362Z.
MS. JOHNSON: Who are the participants in this chat?
DELEASSA PENLAND: Casandra Ventura and Sean Combs.
MS. JOHNSON: Going to pages 2 and 3 side by side, please.
MS. JOHNSON: Starting with the top blue bubble, what is the date and time of the first message converted to Pacific Time?
DELEASSA PENLAND: 3:10 p.m., January 11, 2013.
MS. JOHNSON: If you read the blue bubbles for Ms. Ventura, I'll continue to read the gray bubbles for Mr. Combs.
DELEASSA PENLAND: "U GNA hit Jules? Got then, but not until 11. The other place is calling me back."
MS. JOHNSON: "Got him. 7 p.m."
DELEASSA PENLAND: "Cool."
MS. JOHNSON: "Call HS."
DELEASSA PENLAND: "Can you send me the hotel info? Only found four tea lights."
MS. JOHNSON: "What you are doing?"
DELEASSA PENLAND: Question mark, "at the hotel, waiting on you, about to smoke. What are you doing?"
MS. JOHNSON: Can you turn the page, please, Ms. Gavin.
MS. JOHNSON: "Call HS." What's our RM num?"
DELEASSA PENLAND: "817. He's five min away. I told him to drive around the area and I will hit him when we want him to come up."
MS. JOHNSON: What is the date and time of the last message you just read converted to Pacific Time?
DELEASSA PENLAND: 6:19 a.m., January 12, 2013.
MS. JOHNSON: And comparing the last two blue three bubbles, is there a jump in time between the last two blue bubbles?
DELEASSA PENLAND: Yes.
MS. JOHNSON: Approximately how many hours elapse between those, between the first blue bubble and the last blue bubble?
DELEASSA PENLAND: 12 hours.
MS. JOHNSON: Approximately 12 hours?
DELEASSA PENLAND: Yes.
MS. JOHNSON: Can you please take that down now and pull up Government Exhibit B326 at page 1. Can you please zoom in on the top.
MS. JOHNSON: Who are the participants in this message?
DELEASSA PENLAND: Casandra Ventura and Garren Cb4a.
MS. JOHNSON: You can take that down now, Ms. Gavin. Can you please go to pages 38 and 39 side by side.
MS. JOHNSON: Directing your attention to the blue bubble with the time conversion next to it, what is the date and time of that message converted to Pacific Time?
DELEASSA PENLAND: 3:34 p.m., January 11, 2013.
MS. JOHNSON: OK. If you read the blue bubbles for Ms. Ventura, I'll read the gray bubbles for Garren.
DELEASSA PENLAND: "Hey, how are you? Do you have Vin in L.A. tonight?"
MS. JOHNSON: "Hello, honey," exclamation points. "Actually he is there but think he is at a family function. What time were you thinking? "He can actually meet around 11 p.m. if that works for you."
DELEASSA PENLAND: "That's great."
MS. JOHNSON: Hopefully not a super late meeting time as he has to drive back to Vegas in the a.m. "OK. I will put him on hold for 11 p.m. Send me location when you can. Been missing you guys. Glad you texted."
DELEASSA PENLAND: "Me too. Thank you. Will send soon. Getting hotel. Sorry. Soon."
MS. JOHNSON: "No problemo."
DELEASSA PENLAND: "It will be the L'Ermitage."
MS. JOHNSON: "Perfect. I will text you when he is outside."
DELEASSA PENLAND: "Thanks. Hey, can we say 12. Promise that will be the only change."
MS. JOHNSON: "Yup."
DELEASSA PENLAND: "Thanks."
MS. JOHNSON: "Hey, sorry, this just came in from Vin...I have to handle something for my fam. I'm stuck here. I can't make it at midnight. 1 a.m. I can do. I'm so sorry, dude. I'm sitting here putting out fires with my cousins. Is 1 a.m. OK?"
DELEASSA PENLAND: "2 a.m. is great. "Sorry. 3."
MS. JOHNSON: "No. 1 a.m.?"
DELEASSA PENLAND: "Is 3 OK?"
MS. JOHNSON: "Yikes. I don't know. Let me call him."
DELEASSA PENLAND: "K".
MS. JOHNSON: "OK. He didn't respond yet. Let you know as soon as he does. "OK. He said he can do 1 a.m. but has to be back to Vegas in the a.m., so if he gets there 2 or 3 it won't work."
DELEASSA PENLAND: "OK. Cool."
MS. JOHNSON: "I can maybe try for Jake at 3 a.m."
DELEASSA PENLAND: "1 a.m. is good."
MS. JOHNSON: "OK. Thank you. I will hit you up when he is outside."
DELEASSA PENLAND: "Thank you."
MS. JOHNSON: "Vin is ten min away."
MS. JOHNSON: And at the message "Vin is ten min away," what is the date and time stamp converted to Pacific Time of that message?
DELEASSA PENLAND: 12:59 a.m., January 12, 2013.
MS. JOHNSON: You can take that down now, Ms. Gavin. And can you please pull up Government Exhibit B322Z. Can you zoom in on the top.
MS. JOHNSON: Who are the participants in this chat?
DELEASSA PENLAND: Casandra Ventura and someone using the number 1539.
MS. JOHNSON: Can you take that down. And Ms. Gavin, can you zoom in on just the first bubble.
MS. JOHNSON: And can you please read this message?
DELEASSA PENLAND: "Hello star....this is Santiago. I hope we can do another voyeur encounter again. I would be most willing. And if you have any other fetishes or want to try something else with me or any ideas, let be know. I really want to do this again with you guys." Smiley face.
MS. JOHNSON: Can we go to pages 2 and 3 in this exhibit.
MS. JOHNSON: Directing your attention to the top, what's date and time converted to Pacific Time of the first message?
DELEASSA PENLAND: 6:57 a.m., January 11, 2013.
MS. JOHNSON: If you read the blue bubbles for Ms. Ventura, I'll read the gray bubbles for the user ending in in 1539.
DELEASSA PENLAND: "Hey, how are you? Are you in L.A.?"
MS. JOHNSON: "Yes, I am," exclamation point. "How are you? Waiting.to hear back from you...I want to try what we did again."
DELEASSA PENLAND: "Great. It's GNA be kinda late though."
MS. JOHNSON: "Oh, I don't mind," exclamation point. "When and what time?" Question mark, question mark, question mark. "And if there's anything you want me to do or perform on you?" Question mark.
DELEASSA PENLAND: "We can talk about it when you get here. It will be around 3 a.m. if that's OK. At the Raffles L'Ermitage in Beverly Hills."
MS. JOHNSON: "When tonight?" Question mark, question mark, question mark.
DELEASSA PENLAND: "Yes."
MS. JOHNSON: "Great. What time and what's the address?"
DELEASSA PENLAND: "3 a.m. tonight, 9291 Burton Way, Beverly Hills, CA."
MS. JOHNSON: "OK. Got it," exclamation point. "I'm so down for it....so you know I'm a bit more sexually excited than last time. I also know the rules. Dress casual nice and bring baby oil, right?"
DELEASSA PENLAND: "Casual, yes. No oil. Thanks." Smiley face.
MS. JOHNSON: "Oh, OK. I'll see you at 3 a.m.", smiley face.
MS. JOHNSON: We can take that down now, Ms. Gavin. Can you please pull up Government Exhibit B327Z at page 1. And can you zoom in on the top.
MS. JOHNSON: Who are the participants in this chat?
DELEASSA PENLAND: Casandra Ventura and Johnny L.A. Strip.
MS. JOHNSON: Can you please go to pages 11 and 12, side by side, please.
MS. JOHNSON: Directing your attention to the bottom message, blue message, what is the date and time of the message converted to Pacific Time?
DELEASSA PENLAND: 4:36 a.m., January 12, 2013.
MS. JOHNSON: If you read the blue bubbles for Ms. Ventura, I'll read the gray bubbles for Johnny L.A. Strip.
DELEASSA PENLAND: "You free?"
MS. JOHNSON: "Yes."
DELEASSA PENLAND: "L'Ermitage hotel."
MS. JOHNSON: "OK. Be on my way."
DELEASSA PENLAND: "K. "In 45."
MS. JOHNSON: "OK."
DELEASSA PENLAND: "I'm sorry. We don't need you actually."
MS. JOHNSON: "OK. No problem."
DELEASSA PENLAND: "How long would it take for you to get here? Text me when you are parking or valet."
MS. JOHNSON: "OK."
DELEASSA PENLAND: "How long you thinking? No rush."
MS. JOHNSON: "Five mins."
DELEASSA PENLAND: "OK. I might need you to wait a little bit. Not long. Do you mind driving around until I tell you?"
MS. JOHNSON: And what was the date and time stamp converted to Pacific Time of the last message you just read about driving around?
DELEASSA PENLAND: 6:18 a.m., January 12, 2013.
MS. JOHNSON: OK. Ms. Gavin, can you keep that page up and put next to it side by side Government Exhibit B362Z, page 4. Can you zoom in on the last message of B362Z.
MS. JOHNSON: Special Agent Penland, did we already review this message?
DELEASSA PENLAND: Yes.
MS. JOHNSON: And how does the time stamp on this message -- "He's five min away, I told him to drive around the area and we will hit him when we want him to come up" -- compare to the last message below?
DELEASSA PENLAND: They're less than a minute apart.
MS. JOHNSON: You can take that down now. Ms. Gavin, can you please turn back to Government Exhibit 1402, page 9.
MS. JOHNSON: Special Agent Penland, are the communications we reviewed for some of the sources for all of the items on line item 23 or just some of the sources for the items on line item 23?
DELEASSA PENLAND: Just some.
MS. JOHNSON: So I'll move on to a different item. I'm going to go to line 40 now at page 14. I'm going to start with the photo records column. If you can pull up Government Exhibit 6T107, at page 131, please. Can you please zoom in to the top half, please, Ms. Gavin.
MS. JOHNSON: What type of document is this, Special Agent Penland?
DELEASSA PENLAND: This is a travel invoice.
MS. JOHNSON: And can you read what is on the document below Alpha International?
DELEASSA PENLAND: Bad Boy Entertainment.
MS. JOHNSON: Who is the passenger for this invoice?
DELEASSA PENLAND: Casandra Ventura.
MS. JOHNSON: And what is the departure date of this flight?
DELEASSA PENLAND: October 20, 2013.
MS. JOHNSON: And what is the route of the flight?
DELEASSA PENLAND: Los Angeles to Newark.
MS. JOHNSON: If we can go back to Government Exhibit 1402 at page 14, line ending 40.
MS. JOHNSON: What location is listed in this city column for line item 40?
DELEASSA PENLAND: New York City.
MS. JOHNSON: And are some of the sources that you reviewed in connection with confirming the accuracy of line item 40 text communications?
DELEASSA PENLAND: Yes.
MS. JOHNSON: Were those communications converted to Eastern Time?
DELEASSA PENLAND: They were.
MS. JOHNSON: Let's take this down and pull up Government Exhibit B260.
MS. JOHNSON: Zooming in at the top, who are the participants of this communication?
DELEASSA PENLAND: Casandra Ventura and Sean Combs.
MS. JOHNSON: If we can please go to page 2. Can you zoom in. Thank you, Ms. Gavin.
MS. JOHNSON: What is the date and time of the top message converted to Eastern Time?
DELEASSA PENLAND: 5:05 p.m., October 21, 2013.
MS. JOHNSON: So I'll read the gray bubbles associated with Mr. Combs if you read the blue bubbles for Ms. Ventura.
MS. JOHNSON: "Call up."
DELEASSA PENLAND: "He's avail. "You didn't film anything on your phone RT."
MS. JOHNSON: Just pausing you there, what is the date and time converted to Eastern Time of the message you just read about filming anything?
DELEASSA PENLAND: 8:40 p.m., October 22, 2013.
MS. JOHNSON: And approximately how much time has elapsed since the previous blue bubble right above?
DELEASSA PENLAND: Over 24 hours.
MS. JOHNSON: So continuing to read the gray bubble for Mr. Combs: "No. No way."
DELEASSA PENLAND: "LOL. OK. Cool."
MS. JOHNSON: OK. Can you please take this down, Ms. Gavin, and pull up Government Exhibit B218Z at page 1 side by side with Government Exhibit 1312R at page 2. And can you please zoom in on the first phone number associated with the Clayton Howard, a/k/a "Dave" entry.
MS. JOHNSON: Special Agent Penland, how does the number, phone number for Dave on Government Exhibit B218Z compare to the phone number in the stipulation for Clayton Howard, a/k/a "Dave"?
DELEASSA PENLAND: They're the same.
MS. JOHNSON: OK. You can take that down.
MS. JOHNSON: And who are the participants in your chat at Government Exhibit B218Z?
DELEASSA PENLAND: Dave and Casandra Ventura.
MS. JOHNSON: Can we please go to pages 10 and 11 side by side.
MS. JOHNSON: What is the date of the first message converted to Eastern Time?
DELEASSA PENLAND: 6:31 p.m., October 21, 2013.
MS. JOHNSON: If you read the blue bubbles for Ms. Ventura, I'll read the gray bubbles for Dave.
DELEASSA PENLAND: "Hey, are you available tonight?"
MS. JOHNSON: "Hey, yeah."
DELEASSA PENLAND: "Cool, 1 a.m.?"
MS. JOHNSON: "That's fine."
DELEASSA PENLAND: "Cool. Hit you shortly with details."
MS. JOHNSON: "Cool."
DELEASSA PENLAND: "Hey. I'm sorry. We're prob GNA be a little later."
MS. JOHNSON: "That's OK."
DELEASSA PENLAND: "OK. Hit you in a few."
MS. JOHNSON: "OK."
DELEASSA PENLAND: "We're good for one, the London."
MS. JOHNSON: "OK. So be at London at 1?"
DELEASSA PENLAND: "1:15."
MS. JOHNSON: "OK. Cool."
DELEASSA PENLAND: "Running a little late."
MS. JOHNSON: "Me too. LOL. "1:30, 1:45?"
DELEASSA PENLAND: "LOL. OK."
MS. JOHNSON: "Here."
DELEASSA PENLAND: "Shit. We're on the way. "Did you drive?"
MS. JOHNSON: "I'm cool. Just let me know."
DELEASSA PENLAND: "OK. Literally 5 min. "OK. You can come up. Don't stope at desk. 3209."
MS. JOHNSON: "OK. On way up."
DELEASSA PENLAND: "OK."
MS. JOHNSON: "Here. Thanks. LOL." What was the date and time of, converted to Eastern Time of the last message -- "thanks. LOL"?
DELEASSA PENLAND: 8:01 a.m., October 22, 2013.
MS. JOHNSON: And approximately how many hours elapsed between the previous message that said "here" and the message that says "thanks"?
DELEASSA PENLAND: Six hours.
MS. JOHNSON: We can take this down and please pull up Government Exhibit B217 at page 1.
(Continued on next page)
MS. SHAPIRO: If you can pull up next to it, Ms. Gavin, Government Exhibit 1312-R at page 2. On the stipulation, if you can please zoom in on the row for Daniel Phillip a/k/a Daniel New York-LA.
MS. JOHNSON: Special Agent Penland, how does the number that the parties stipulate belongs to Daniel Phillip compare to the number in Government Exhibit B 217 for Daniel New York-LA?
DELEASSA PENLAND: They are the same.
MS. SHAPIRO: You can take 1312 down now, Ms. Gavin. Zoom in on the top.
MS. JOHNSON: Who are the participants in this communication?
DELEASSA PENLAND: Casandra Ventura and Daniel New York-LA.
MS. JOHNSON: Based on your work and confirming the accuracy of the entries in Government Exhibit 1402, have you seen one or more than one entry for Daniel Phillip?
DELEASSA PENLAND: More than one.
MS. SHAPIRO: Can you please go to page 2, please, Ms. Gavin.
MS. JOHNSON: What is the date and time of the first message converted to Eastern Time?
DELEASSA PENLAND: 6:10 a.m., October 22, 2013.
MS. JOHNSON: If I will read the gray bubbles for Daniel New York-LA if you read the blue bubbles for Ms. Ventura. My phone's dying. I'll send another one in a bit. Can't wait to see you. Smiley face. Hey love, do you need me to pick you up anything?
DELEASSA PENLAND: Hey, sorry. CPL more minutes.
MS. JOHNSON: NP. What is the date and time of the message NP converted to Eastern Time?
DELEASSA PENLAND: 7:39 a.m. October 22, 2013.
MS. SHAPIRO: Going back -- taking this down and putting back up Government Exhibit 1402, going to page 14 for line item 40.
MS. JOHNSON: We just walked through some of the -- some exhibits. Are these all the exhibits cited in line item 40 or just some of them?
DELEASSA PENLAND: Some of them.
MS. SHAPIRO: Ms. Gavin, if you can take -- go to page 23.
MS. JOHNSON: And how many line items are in Government Exhibit 1402?
MS. JOHNSON: Your Honor, if we're looking for a breaking point, I think this is a good time because we're going to go to a different chart.
THE COURT: Very good. Let me see counsel at sidebar for just a moment.
(Continued on next page)
(At the sidebar)
THE COURT: Did the parties discuss what they wanted to do in terms of Juror No. 7.
MS. SHAPIRO: No. We received an email from the government, and we haven't had a chance to confer internally.
THE COURT: Should we handle this tomorrow?
MS. SHAPIRO: I think that's fine with us.
(Continued on next page)
(In open court)
THE COURT: Thank you, members of the jury, for all your close attention today. We will see you here to start at 9:00 a.m. tomorrow. Same instructions as always. Don't speak with each other about anything having to do with the case. Don't speak with anyone else about anything to do with the case. Don't look up or research anything about the case. With that, have a great evening. We'll see you tomorrow. All rise. Agent Penland, we'll see you tomorrow.
(Continued on next page)
(Witness and jury not present)
THE COURT: Please be seated. Anything from the government before we adjourn for the day?
MS. STEINER: Your Honor, just a couple things briefly. With respect to the supplemental notice that the defense had indicated they intend to provide with respect to Dr. Bardey, the government would request that they do that as soon as possible. Perhaps the Court could set a deadline for that notice. It would be helpful I think to be able to tee up for the Court any issues both regarding the supplemental notice and the original notice.
THE COURT: What deadline do you want?
MS. STEINER: Tomorrow, if possible.
THE COURT: Ms. Shapiro?
MS. SHAPIRO: I think that's fine, your Honor. My colleague --
THE COURT: There you go. Tomorrow, let's say, at 7:00 p.m.
MS. SHAPIRO: Sure. Could we say 8:00? There's a reason for it, but I can't get into it.
THE COURT: 8:00 p.m. Sold. Anything further?
MS. COMEY: Yes, your Honor. One other issue we wanted to flag is that it would be helpful for us to get a somewhat narrowed witness list from the defense. We realized over the lunch break that the defense witness list that they gave us at their deadline was very, very, very long, much longer than could possibly be realistic if we were actually going to be done with this trial by July 4. So it would be helpful if we could get a narrowed-down more realistic list sooner than Sunday. I know the Court order contemplates Sunday, but it would be very helpful to understand a more realistic set of witnesses. We're not asking for the final set, but I just imagine defense knows there are some they are not going to call.
THE COURT: That's fair. Mr. Agnifilo.
MR. AGNIFILO: That is fair. We can do that in the next couple of days. I mean, we're still running things down. We're still trying to take care of timing on our end. We did give them the witnesses for this week, so give us a few days, and we'll be in touch between the parties, and we'll get them.
THE COURT: So just so we have some certainty about this, can we have at least a category of witnesses who are out that you can identify for the government and for the Court by the time we adjourn on Wednesday? Would that be doable?
MR. AGNIFILO: Yes, I just want to understand. A category of witnesses that are out?
THE COURT: I think that's what Ms. Comey is asking because the list was so long --
MR. AGNIFILO: Oh, the ones we're not calling.
THE COURT: Yes. I think that would be helpful. Then there would be a category of those who might be in.
MR. AGNIFILO: Right.
THE COURT: And then you'll follow up that with a Sunday disclosure of the following week's witnesses, so that will hopefully help things out. If we need further clarity, we'll address that.
MR. AGNIFILO: We'll do all of that.
THE COURT: Anything for the government?
MS. SLAVIK: One more issue, your Honor. With respect to Mr. Paul, who is the next scheduled witness, would the Court prefer for Mr. Paul to invoke in the morning before we start or just before he testifies?
THE COURT: Let's do it in the morning.
MS. SLAVIK: Sure.
THE COURT: Is there a preview as to the issues that may come up as to the last witness?
MS. COMEY: I am hoping that we can resolve almost all of them, your Honor. Given we've gone through this quite a few times with your Honor, I'm hoping that the parties can confer and resolve most, if not all, this evening, but we will let you know if not.
THE COURT: Very good. Anything else from defense before we adjourn?
MR. AGNIFILO: One second, your Honor.
MS. SHAPIRO: Your Honor, we were just wondering if the Court could just tell us sort of what if anything was told to the other jurors when Juror 6 was dismissed. We were sort of concerned on the impact it might have had on the remaining jurors, so we wanted to inquire as to how it was dealt with.
THE COURT: Let me figure that out, and then I'll advise the parties when we start on Monday -- or Tuesday.
MS. SHAPIRO: Thank you.
THE COURT: Very good. Anything else from the defense?
MS. SHAPIRO: Nothing further from us.
THE COURT: Very good. Thank you very much. We'll see everybody here tomorrow at 8:30.
(Adjourned to June 17, 2025, at 8:00 a.m.)