DIRECT EXAMINATION BY MS COMEY:
MS. COMEY: Good morning.
JOSEPH CERCIELLO: Good morning.
MS. COMEY: Where do you work?
JOSEPH CERCIELLO: I'm currently a special agent with the United States Department of Homeland Security, Homeland Security Investigations.
MS. COMEY: Is that also known as HSI?
JOSEPH CERCIELLO: Yes, it is.
MS. COMEY: How long have you been a special agent with HSI?
JOSEPH CERCIELLO: Approximately 18 and a half years.
MS. COMEY: What is your current assignment?
JOSEPH CERCIELLO: I'm currently assigned to the New York Joint Terrorism Task Force, also referred to as the JTTF.
MS. COMEY: How long has that been your assignment?
JOSEPH CERCIELLO: I was assigned to the JTTF in early 2010.
MS. COMEY: Generally, what are your duties and responsibilities as a special agent?
JOSEPH CERCIELLO: At the JTTF, my responsibilities are to investigate terrorist attacks or terrorist threats emanating from ISIS or home-grown violent extremists to New York City.
MS. COMEY: I want to be clear here. Did you have any involvement in the investigation of this case?
JOSEPH CERCIELLO: I did not.
MS. COMEY: Did the Joint Terrorism Task Force have anything to do with the investigation of this case?
JOSEPH CERCIELLO: No, it didn't.
MS. COMEY: Approximately when did you get involved in this case?
JOSEPH CERCIELLO: Approximately two and a half weeks ago.
MS. COMEY: And what were you asked to do?
JOSEPH CERCIELLO: I was asked to review charts that were put together by the prosecution team and the corresponding government exhibits to those charts.
MS. COMEY: Were your asked to verify that the information in those charts accurately reflected information in the exhibits you reviewed?
JOSEPH CERCIELLO: Yes, ma'am.
MS. COMEY: So can you explain at a high level generally what you did to verify the accuracy of the charts you were provided?
JOSEPH CERCIELLO: With the charts, I would read the charts, and, as I stated before, the charts had corresponding government exhibit numbers. I would then go to those government exhibits and look through the voluminous paperwork to make sure that the charts were accurate as possible.
MS. COMEY: What are some of the types of exhibits you reviewed when verifying the accuracy of charts for this case?
JOSEPH CERCIELLO: Bank records, so financial statements, cellphone records, text messages, photos, airline records, ground transportation records.
MS. COMEY: Collectively in total, how many pages were the text messages you reviewed?
JOSEPH CERCIELLO: That would be in the thousands.
MS. COMEY: How many pages were the financial records you reviewed?
JOSEPH CERCIELLO: Also in the thousands.
MS. COMEY: How about the phone records you reviewed?
JOSEPH CERCIELLO: Again, also in the thousands.
MS. COMEY: Who decided what exhibits you would review?
JOSEPH CERCIELLO: The prosecution team.
MS. COMEY: Now, do you believe you have reviewed all of the documents gathered in this investigation?
MS. COMEY: Do you believe you have reviewed all of the exhibits an admitted at this trial?
MS. COMEY: Who decided what exhibits would be referenced in the charts you reviewed?
JOSEPH CERCIELLO: Again, that would be the prosecution team.
MS. COMEY: And who decided what information would be contained in those charts?
JOSEPH CERCIELLO: The prosecution team.
MS. COMEY: So what was your only role with respect to these charts?
JOSEPH CERCIELLO: My only role was to read the charts, the Government Exhibits that were given to me, and just marry them up with the charts.
MS. COMEY: And make sure they were accurate?
JOSEPH CERCIELLO: Yes, ma'am.
MS. COMEY: I'd like you to take a look at the documents to your left, please. They should be what's been marked for identification as Government Exhibits 1406, 1408 and 1409. Do you have those?
JOSEPH CERCIELLO: Yes.
MS. COMEY: Do you recognize those?
JOSEPH CERCIELLO: I do.
MS. COMEY: Are those three of the charts that you verified at the request of the prosecution team in this case?
JOSEPH CERCIELLO: Yes.
MS. COMEY: Did you verify that the information in those charts is all drawn from Government Exhibits cited in those documents?
JOSEPH CERCIELLO: Yes.
MS. COMEY: Your Honor, the government offers these three exhibits in evidence.
THE COURT: Any objection that hasn't been raised before?
MS. GERAGOS: That's correct, no objection other than that.
THE COURT: Then they will be admitted.
(Government's Exhibits 1406, 1408 and 1409 received in evidence)
MS. COMEY: I'd like to start with Government Exhibit 1406. MS COMEY: Could we publish that, please? Now that that's up on the screen, your Honor, I'm going to be walking through some of the underlying exhibits. So in a moment I'm going to ask that the public screens be turned off because they have some identifying information for Jane. This chart does not so we can leave it up for now.
MS. COMEY: Agent Cerciello, generally what is contained in this chart?
JOSEPH CERCIELLO: This chart has a list of date range, locations, names of individuals, flight records or transportation records and financial records.
MS. COMEY: What is the only female name in the names column of this chart?
JOSEPH CERCIELLO: Jane.
MS. COMEY: Without saying it out loud, do you know Jane's true name?
JOSEPH CERCIELLO: I do.
MS. COMEY: Did the prosecution team provide you with her true name and a photograph of her?
JOSEPH CERCIELLO: Yes.
MS. COMEY: When checking this chart for accuracy, did you confirm that the records referencing Jane either cited her true name or her photos and videos had her likeness?
JOSEPH CERCIELLO: Yes.
MS. COMEY: I want to walk through the columns of this chart. Starting with the first one, what does date show? And I'm going to ask you to pull the microphone to your mouth and make sure that you're speaking into the microphone, please. What does date show?
JOSEPH CERCIELLO: Date shows a specific date range.
MS. COMEY: And what does the location column show?
JOSEPH CERCIELLO: Location would be either a city or a hotel in a specific city.
MS. COMEY: What is the government or the GX number in italics underneath the information in the location column?
JOSEPH CERCIELLO: That would reference the government exhibit number.
MS. COMEY: What is contained in the names column?
JOSEPH CERCIELLO: Names is just that: Names of individuals as it pertains to that date range.
MS. COMEY: What are the GX numbers referenced under each name?
JOSEPH CERCIELLO: Again, those would be Government Exhibits as they pertain to that individual.
MS. COMEY: What types of evidence did you check to confirm that each person named in this column has a government exhibit that corresponds with the date range for each row?
JOSEPH CERCIELLO: It would be phone records, text message records.
MS. COMEY: Were there some also videos and photographs of individuals?
JOSEPH CERCIELLO: Yes, ma'am.
MS. COMEY: With metadata lining up with the date range?
JOSEPH CERCIELLO: Yes.
MS. COMEY: What is contained in the flight records column?
JOSEPH CERCIELLO: Flight records would be flight manifests or flight reservations.
MS. COMEY: Are those flights around the beginning and/or end of the time range for each row?
JOSEPH CERCIELLO: Yes.
MS. COMEY: What is contained in the finances column?
JOSEPH CERCIELLO: Those would be financial transactions.
MS. COMEY: Are those financial transactions that took place either during or after the date range listed in each row?
JOSEPH CERCIELLO: Yes.
MS. COMEY: Are there several rows with no entry in the financials column?
JOSEPH CERCIELLO: Yes.
MS. COMEY: Does that necessarily mean there was no money exchanged by the names in the row during that time period?
MS. COMEY: Why not?
JOSEPH CERCIELLO: It could have been a cash transaction.
MS. COMEY: So does the financials column only reflect transactions that were in the documents you were provided to review?
JOSEPH CERCIELLO: Yes.
MS. COMEY: Now that we've gone through the columns, I want to take a look at the rows. How many rows in total are in this chart? And if you want to look at the hard copy, you're welcome to.
JOSEPH CERCIELLO: In total there's 46 rows.
MS. COMEY: What's the first date of the first row?
JOSEPH CERCIELLO: May 22, 2021 to May 23, 2021.
MS. COMEY: Let's go to the last page. That's page 17, please. What is the last date in the last row?
JOSEPH CERCIELLO: August 8, 2024.
MS. COMEY: In what order are these dates or date ranges listed?
JOSEPH CERCIELLO: From earliest to latest.
MS. COMEY: I'd like to go now, please, to page 15, row 39. What is in row 39?
JOSEPH CERCIELLO: Row 39 is a lawsuit Ventura v. Combs filed 11/16/2023.
MS. COMEY: How many rows are in this chart before the date that that lawsuit was filed?
MS. COMEY: Are all of the rows before that date in row 39 dates associated with locations?
JOSEPH CERCIELLO: Yes.
MS. COMEY: And what are the majority of the locations in the rows before this lawsuit was filed?
JOSEPH CERCIELLO: Those would be hotels.
MS. COMEY: After that row, do any more locations include hotels?
MS. COMEY: I'd like to go now please to page 16, row 43. What's in this row?
JOSEPH CERCIELLO: That states: Combs posts IG or Instagram video 5/19/2024.
MS. COMEY: How many more dates are in this chart after the posting of that video? We can go to the last page if you want to take a look.
JOSEPH CERCIELLO: That would be three.
MS. COMEY: In total, how many dates are shown in this chart?
MS. COMEY: Does this chart necessarily list out every time that Jane, Sean Combs, and a third party were ever at the same location?
MS. GERAGOS: Objection.
THE COURT: Sustained.
MS. COMEY: Does this chart necessarily list out every single time that Jane was at a particular location?
MS. COMEY: Does this chart necessarily list out every time that Sean Combs was at a particular location?
MS. COMEY: So does it only list the locations and dates that appear in the documents you've been provided?
JOSEPH CERCIELLO: Yes.
MS. COMEY: Did you rely at all on any witnesses' testimony when you were checking this chart?
MS. COMEY: Have you reviewed any of Jane's testimony at this trial?
MS. COMEY: Do you know what Jane testified about at this trial?
JOSEPH CERCIELLO: I do not.
MS. COMEY: So did you check this chart using only documents separate and apart from her testimony?
JOSEPH CERCIELLO: Yes.
MS. COMEY: I want to look at an example to see how this works. Let's start with page 1, row 1, please. MS COMEY: At this point, your Honor, may I ask, please, that the public screens be turned off so we can look at underlying documents?
THE COURT: I'll ask the deputy to confirm when that has been done.
BY MS. COMEY:
MS. COMEY: While that's happening, I can ask you a few questions about this row. Focusing on row 1, what is the date range in this row?
JOSEPH CERCIELLO: 5/22/2021 to 5/23/2021.
MS. COMEY: Before we look at the underlying documents, I want to be clear. Do you know whether or not Jane testified about anything happening in May of 2021?
JOSEPH CERCIELLO: I do not.
MS. COMEY: So this row is just based on what the records show only?
JOSEPH CERCIELLO: Yes.
MS. COMEY: So I want to start with the location column. What was the location for this row?
JOSEPH CERCIELLO: The location was 1 Hotel, Miami, Florida.
MS. COMEY: What is the Government Exhibit cited for that location?
JOSEPH CERCIELLO: Government Exhibit 7A-132.
MS. COMEY: Let's take a look at that. MS COMEY: Ms. Becker, would you please pull up Government Exhibit 7A-132. And can we zoom in at the top, please.
MS. COMEY: What's the name of this hotel?
JOSEPH CERCIELLO: 1 Hotel and Homes South Beach.
MS. COMEY: Is this a 1 Hotel record?
JOSEPH CERCIELLO: Yes, ma'am.
MS. COMEY: Let's look at the name below. What is the name right underneath the hotel name?
JOSEPH CERCIELLO: Mr. Phil Pines. MS COMEY: And can we look now a little lower, please, Ms. Becker, at the arrival date.
MS. COMEY: What's the arrival date?
JOSEPH CERCIELLO: Arrival 5/22/2021.
MS. COMEY: What's the departure date?
JOSEPH CERCIELLO: Departure 5/23/2021.
MS. COMEY: Down at the bottom, what was the total cost for this one-night stay at 1 Hotel?
JOSEPH CERCIELLO: Total payment $3,050.90.
MS. COMEY: Let's go back to now 1406, please, page 1, line 1. Let's skip over the names column for now and go to the flight records column. What's in the flight records column for this first row?
JOSEPH CERCIELLO: It would be a flight record for Jane on 5/21 Jet Blue flight from Newark to Miami.
MS. COMEY: I want to look at some of the exhibits cited for this so we can see how you put this chart together. Let's pull up Government Exhibit 6L-101, and I'd like to zoom in at the top of page 1 when we get there, please. MS COMEY: Actually, are the screens off before we do that? Thank you, Mr. Deputy. So, once again, 6L-101. I want to zoom in at the top of page 1, please, just the header information.
MS. COMEY: What kind of record is this?
JOSEPH CERCIELLO: This is a record from a travel agency.
MS. COMEY: What is the name to the left underneath client summary?
JOSEPH CERCIELLO: Combs Enterprises Corporate. MS COMEY: Let's go to page 2, please. I'd like to go to the entry dated 5/20/2021 on the bam half of the page. Can we zoom in on that, please.
MS. COMEY: Without saying it out loud, is this an entry relating to Jane's true name?
JOSEPH CERCIELLO: Yes.
MS. COMEY: Would you please read the flight information, not her name, but the flight information below Jane's name?
JOSEPH CERCIELLO: It's a Jet Blue flight on 5/21/2021, from Newark to Miami, Florida. MS COMEY: Next, I want to pull up Government Exhibit 6B-108, page 45, please. I'd like to zoom in on the passenger information and the flight information, please.
MS. COMEY: Is the passenger information Jane's name?
JOSEPH CERCIELLO: Yes.
MS. COMEY: And is the flight -- can you read us just the date and the departure and arrival for flight information?
JOSEPH CERCIELLO: The date is 5/21/2021. Departing Newark Airport, arriving in Miami. MS COMEY: Let's go now, please, to Government Exhibits E-168 and E-168-M. Let's take this exhibit down, please. And take a look at stipulation 1301, page 5 before we go to the next exhibits. Let's look at paragraph 32, please.
MS. COMEY: Agent Cerciello, underneath the flight records column in row 1, is there a reference to E-168 and E-168-M?
JOSEPH CERCIELLO: Yes. MS COMEY: I want to read this stipulation. Government Exhibits E-101 through E-333 and EX-101 through EX-185, including the subdivisions thereof, are true and accurate excerpts of data extracted from an iCloud account for a iCloud account used by Jane. We can take this down. Now I want to take a look at those exhibits. Can we please pull up E-168 and E-168-M side by side.
MS. COMEY: What are we seeing here?
JOSEPH CERCIELLO: This is a screenshot of a Jet Blue boarding pass.
MS. COMEY: Is it in Jane's true name?
JOSEPH CERCIELLO: Yes.
MS. COMEY: And over on E-168-M, does that have the metadata for that screenshot?
JOSEPH CERCIELLO: Yes.
MS. COMEY: Looking at the last modified date and time, what's the date of that last modified date?
JOSEPH CERCIELLO: 5/21/2021. MS COMEY: Let's take this down, please, and go back to Government Exhibit 1406, page 1. And I want to talk through the names column now.
MS. COMEY: Starting with Jane, are the same records we just saw reflecting her boarding pass for the flight to Miami included here?
JOSEPH CERCIELLO: Yes.
MS. COMEY: Do the remaining exhibits also come from her iCloud that are part of that E series?
JOSEPH CERCIELLO: Yes.
MS. COMEY: And looking at Combs' name, are those same photographs or the same exhibits from Jane's iCloud also listed under Combs' name?
JOSEPH CERCIELLO: Yes. MS COMEY: I want to look at some of those. Let's start, please, with Government Exhibit E-103. That's a video, and I'd like to play it, please.
(Video played)
JOSEPH CERCIELLO: MS COMEY: Let's look at the metadata. Can we pull up E-103-M, please.
MS. COMEY: Is this the metadata for that video we just watched?
JOSEPH CERCIELLO: Yes.
MS. COMEY: Let's look at the last modified date and time up above for the earliest one, the third line down. What is that last modified date and time?
JOSEPH CERCIELLO: 5/22/2021.
MS. COMEY: Is that in UTC time?
JOSEPH CERCIELLO: Yes.
MS. COMEY: What is the time in UTC time?
JOSEPH CERCIELLO: UTC time 2:07:50 a.m.
MS. COMEY: So would this be actually on May 21, 2021 at around 10:00 p.m. on the same day as Jane's flight to Miami?
JOSEPH CERCIELLO: Yes. MS COMEY: Let's now play E-105, please, Ms. Becker.
(Video played)
JOSEPH CERCIELLO: MS COMEY: Let's now go to E-105-M, please.
MS. COMEY: Is this the metadata for that video we just watched?
JOSEPH CERCIELLO: Yes. MS COMEY: Can we zoom in, please, on just the first few rows below that screenshot, please.
MS. COMEY: Is the last modified date and time approximately two minutes after the metadata we saw for the video we just watched before this one?
JOSEPH CERCIELLO: Yes, that's correct. MS COMEY: Let's now pull up E-106-M and E-108-M side by side.
MS. COMEY: Are these two more videos that are cited under Jane and Combs' names in the row we were looking at?
JOSEPH CERCIELLO: Yes.
MS. COMEY: Are they similar videos to the two we just watched?
JOSEPH CERCIELLO: Yes.
MS. COMEY: Looking at their last modified dates and time, were they taken at about the same time?
JOSEPH CERCIELLO: Yes. MS COMEY: We can take that down. Thank you, Ms. Becker. Let's go back to page 1 of Exhibit 1406.
MS. COMEY: Now, are the last two exhibits under Combs' name the same as the two exhibits under the name Don?
JOSEPH CERCIELLO: Yes. MS COMEY: I want to take a look at those. Let's start with Government Exhibit 5A-204-1, please.
MS. COMEY: What types of records are these?
JOSEPH CERCIELLO: These are AT&T telephone records. MS COMEY: Let's zoom in on voice usage 4 at the top left, please.
MS. COMEY: What phone number -- what are the last four digits of the phone number that these records are for?
JOSEPH CERCIELLO: 9922. MS COMEY: Let's now pull up Government Exhibit 1312, page 3, please.
MS. COMEY: And looking at the entry next to the same number ending 9922 close to the bottom of the chart, who is the individual user of that 9922 number?
JOSEPH CERCIELLO: Sean Combs. MS COMEY: So let's go back to Government Exhibit 5A-204-1, please.
MS. COMEY: While we're pulling that up, Agent Cerciello, based on your experience as a special agent, including working with phone records, what types of information do phone records typically include?
JOSEPH CERCIELLO: Typically include the originating number and the number dialed or the number that would call your phone, the date, and also the duration of the phone call.
MS. COMEY: Do phone company records typically reflect video calls that call over FaceTime in your experience?
JOSEPH CERCIELLO: No, not in my experience.
MS. COMEY: And do phone company records usually reflect messages sent by Wi-Fi or data such as iMessages or WhatsApp messages in your experience?
MS. COMEY: And if the duration time in a phone company record is just a few seconds, in your experience, what does that usually indicate?
JOSEPH CERCIELLO: In my experience with phone companies, the clock starts once the phone starts ringing, not necessarily when the phone call actually connects.
MS. COMEY: In other words, if a phone record reflects just a few seconds, is it possible that the call was never answered, and that was just time when the phone was ringing?
JOSEPH CERCIELLO: That's possible.
MS. COMEY: Is it also possible that the call was answered right away, and a two or three-second phone call took place?
JOSEPH CERCIELLO: That's also possible. MS COMEY: Looking back now at 5A-204-1, I'd like to take a look at rows 26944 through 26946, Ms. Becker, if you could pull those up for us please at 1403.
MS. COMEY: What's the date of these rows?
JOSEPH CERCIELLO: The date is 5/22/2021.
MS. COMEY: Is the time looking up at the top of the chart in UTC time?
JOSEPH CERCIELLO: Yes, it is.
MS. COMEY: So what's the time in UTC of these calls?
JOSEPH CERCIELLO: UTC time is 15:34:48.
MS. COMEY: So would that be four hours earlier in Miami?
JOSEPH CERCIELLO: Yes.
MS. COMEY: So in Miami, would that be about 11:30 or so in the morning on May 22?
JOSEPH CERCIELLO: Correct.
MS. COMEY: Is that the same day as the check-in date we saw in the hotel record under the name Phil Pines at the 1 Hotel?
JOSEPH CERCIELLO: Yes, it is.
MS. COMEY: What number is Combs' 9922 phone connecting with on these three entries?
JOSEPH CERCIELLO: Phone number would be 404-268-0305. MS COMEY: Let's go back now, please, to Government Exhibit 1312, page 2 and look at that number.
MS. COMEY: Do you see it around the middle of the page?
JOSEPH CERCIELLO: Yes.
MS. COMEY: Who is the individual user for that number?
JOSEPH CERCIELLO: The name is Donald James. MS COMEY: Now row 1 of 1406 also cites to another exhibit that I want to take a look at. That's Government Exhibit A-513. Could we pull that up, please, and just look at the header information. Sorry. That whole gray box, please. Thank you.
MS. COMEY: Is this a text chain between that 9922 number and that 0305 number we just saw in those phone records?
JOSEPH CERCIELLO: Yes.
MS. COMEY: Is this from the 992 -- an extraction of the 9922 number?
JOSEPH CERCIELLO: Yes.
MS. COMEY: What contact name was Donald James' number saved under in the 9922 phone?
JOSEPH CERCIELLO: Donald Cow James. MS COMEY: We can take that down. Thank you. And let's go back to 1406, row 1, page 1, please.
MS. COMEY: What is the date in the next row of this chart?
JOSEPH CERCIELLO: Row 2?
MS. COMEY: Yes.
JOSEPH CERCIELLO: Would be 10/29/2021 to 10/31/2021.
MS. COMEY: Does that necessarily mean there were no more communications among Jane, Combs, and any third parties between May of 2021 and October of 2021?
MS. COMEY: Or is it just that there were none indicated in the records you received?
JOSEPH CERCIELLO: Correct.
MS. COMEY: Now, in your experience as a special agent, do different companies have different record retention policies?
JOSEPH CERCIELLO: They do.
MS. COMEY: How does that impact investigations into events that happened years earlier?
JOSEPH CERCIELLO: It affects investigations if a company does not have a retention period that expands beyond what you want to obtain. So you can try to receive records from a company, but they just don't retain them, so there's just no way of getting those records.
MS. COMEY: Before we move on to other rows, I want to take a look at those travel records we saw one more time. MS COMEY: Can we pull up Government Exhibit 6L-101, page 2, please:
MS. COMEY: Looking at the entry next to 6/2/2021, does this show that Jane traveled to Miami again during a date between rows 1 and 2 of the chart we were just looking at?
JOSEPH CERCIELLO: Yes.
MS. COMEY: What's the date when Jane flew to Miami here? Looking down at the bottom row.
JOSEPH CERCIELLO: 6/3/2021. MS COMEY: I just want to highlight that down there. Thank you. Let's take a look now at those phone records we were just looking at, Government Exhibit 5A-204-1. This time let's go to page 1420, please, and let's look at row 27282.
MS. COMEY: What's the date and time of this record?
JOSEPH CERCIELLO: The date is 6/4/2021, and the time is 2:24:17.
MS. COMEY: Is that UTC time?
JOSEPH CERCIELLO: Yes.
MS. COMEY: So that would have been about 10:24 p.m. Miami time on June 3, 2021?
JOSEPH CERCIELLO: Correct.
MS. COMEY: Is this call made the same day that Jane flew to Miami?
JOSEPH CERCIELLO: Yes.
MS. COMEY: Who was Mr. Combs calling?
JOSEPH CERCIELLO: Again, that would be the same number for Donald Cow James.
MS. COMEY: In other words, are there instances of other contact between Don and Mr. Combs that are not in the chart that we're looking at, at 1406?
JOSEPH CERCIELLO: Yes. MS COMEY: We can take this down. Thank you. Let's go back now to 1406, and I want to turn to page 2, and look at a couple more examples of how this chart works.
MS. COMEY: What's the another date range of row 5?
JOSEPH CERCIELLO: 12/3/21 to 12/6/2021.
MS. COMEY: What's in the location column?
JOSEPH CERCIELLO: Location is the St. Regis Bal Harbour Resort in Miami, Florida. MS COMEY: Let's take a look at the records there. Can we please pull up Government Exhibit 7L-101. Can we look under profile data, at the top box.
MS. COMEY: What's the name under profile data?
JOSEPH CERCIELLO: Jessica Ruiz.
MS. COMEY: And then a little lower on the page under check-in date.
JOSEPH CERCIELLO: For which date?
MS. COMEY: Do you see the 12/3/2021 at the bottom half of this?
JOSEPH CERCIELLO: Sorry. Jessica Ruiz.
MS. COMEY: Looking at check-in date, do you see the 12/23/2021 that's reflected at row 5 of Government Exhibit 1406?
JOSEPH CERCIELLO: Yes.
MS. COMEY: And what's the check-out date?
JOSEPH CERCIELLO: Check-out date is 12/6/2021.
MS. COMEY: What's the hotel information?
JOSEPH CERCIELLO: Bal Harbour Resort.
MS. COMEY: What's the total cost of that stay?
JOSEPH CERCIELLO: Total cost was $11,756. MS COMEY: Let's go now, please, to Government Exhibit 7L-102.
MS. COMEY: What's the name under account?
JOSEPH CERCIELLO: Jessica Ruiz. MS COMEY: We can zoom back out, please.
MS. COMEY: Looking down at the bottom, the second to last entry next to 12/6/2021, do you see where it says losses and damages?
JOSEPH CERCIELLO: Yes.
MS. COMEY: What was the cost for losses and damages?
JOSEPH CERCIELLO: $6,000. MS COMEY: Let's go back, please, to Government Exhibit 1406, page 2, line 5 and look at the flight records column.
MS. COMEY: What information is contained here?
JOSEPH CERCIELLO: It's flight records for Jane and an individual by the name of Kabrale. MS COMEY: For Jane's flight, let's pull up Government Exhibit 6L-101, page 3, please. And let's zoom in on the part between 12/1/2021 and 12/7/2021.
MS. COMEY: Can you just read us the flights underneath Jane's true name, please?
JOSEPH CERCIELLO: 12/2/2021, Los Angeles to Miami Florida. 12/6/2021, Miami Florida to LAX Los Angeles. MS COMEY: Let's take a look at Kabrale's travel. Can we pull up Government Exhibit 6B-110, page 6, please.
MS. COMEY: Is this a flight record regarding Kabrale?
JOSEPH CERCIELLO: Yes, it is.
MS. COMEY: What does it say in the name next to passenger information?
JOSEPH CERCIELLO: Williams/Kabrale.
MS. COMEY: Next to flight information, can you tell us the date departure and arrival, please?
JOSEPH CERCIELLO: Date was 12/6/2021 departing Miami, arriving in Atlanta. MS COMEY: Let's go back to the chart please, 1406, page 2, line 5. And let's look at the financials column.
MS. COMEY: What do we see in the financials column?
JOSEPH CERCIELLO: Financials column is dated 12/5. It's a $350 Cash App block payment from Donald James to C4A for Mr. Star. MS COMEY: Let's pull up that record. Can we pull up Government Exhibit 4B-103. I want to look at row 442, but, Ms. Becker, I'd ask you to hide all of the rows between -- you've already done it. Thank you.
MS. COMEY: So looking at row 442, what kind of record is this, Agent Cerciello?
JOSEPH CERCIELLO: This is a financial payment record.
MS. COMEY: Is it for Cash App?
JOSEPH CERCIELLO: Yes.
MS. COMEY: Looking at row 442, what's the date of that record?
JOSEPH CERCIELLO: The date is 12/5/2021.
MS. COMEY: What is the amount if we could scroll over to the right, please?
JOSEPH CERCIELLO: $350. MS COMEY: And now let's go over to the subject.
MS. COMEY: What is the subject?
JOSEPH CERCIELLO: Subject is Mr. Star.
MS. COMEY: Who is the sender?
JOSEPH CERCIELLO: Donald.
MS. COMEY: Let's go over to see who is the recipient?
JOSEPH CERCIELLO: C4A. MS COMEY: We can take this down. Thank you. Let's go back now to 1406, page 2 and look at names column.
MS. COMEY: What names are listed here?
JOSEPH CERCIELLO: Jane, Combs, Don, Chase Watkins and Kabrale.
MS. COMEY: Let's start with Jane and Combs. Is the first exhibit for both of them the same?
JOSEPH CERCIELLO: Yes. MS COMEY: Let's pull that Exhibit up, please. Can we pull up Government Exhibit A-104-9, pages 2 and 3 side by side.
MS. COMEY: Are these text messages between Jane and Mr. Combs?
JOSEPH CERCIELLO: Yes.
MS. COMEY: What's the date of these messages?
JOSEPH CERCIELLO: 12/2/2021.
MS. COMEY: I'd like to read through these. Would you please read Mr. Combs' messages in the green, and I'll read Jane's messages in the blue. You can go ahead and begin?
JOSEPH CERCIELLO: Can you get on a red eye.
MS. COMEY: Ah my baby, is there even any flights? Let me ask KK. So far they found 230P landing at 1030P TMW night. Let me text KK.
JOSEPH CERCIELLO: Okay, I'll wait. MS COMEY: We can take that down. Thank you. Let's go back please to 1406 page 2.
MS. COMEY: Is the next cite for Jane the same cite under Kabrale?
JOSEPH CERCIELLO: Yes. MS COMEY: I'd like to take a look at part of that. Let's pull up Government Exhibit F-101. Let's just look at pages 88 and 89 side by side, please.
MS. COMEY: Are these text message between Jane and Kabrale?
JOSEPH CERCIELLO: Yes, they are.
MS. COMEY: What's the date?
JOSEPH CERCIELLO: 12/5/2021.
MS. COMEY: I'd like to read through these. I'll ask you to read Kabrale's green messages. I'll read Jane's blue messages. Could you start, please, with the second message down on the left?
JOSEPH CERCIELLO: Good morning. I'm at the airport now waiting for my flight.
MS. COMEY: Good morning, babe. Have a safe flight. When you land, just text me. I'll call you an Uber to the hotel.
JOSEPH CERCIELLO: Okay. Bet love just landed. I'll let you know when I'm off.
MS. COMEY: Have you landed? Sorry, I missed your call
JOSEPH CERCIELLO: Yes, I'm here.
MS. COMEY: Got your bags?
JOSEPH CERCIELLO: Have the Uber pick up now. MS COMEY: We can take that down. Thank you. Let's go back to Government Exhibit 1406, page 2.
MS. COMEY: Then is the next government exhibit under Mr. Combs' name, the same exhibit that's cited under Chase Watkins' name?
JOSEPH CERCIELLO: Yes. There's actually a purple line through my screen. Is there a way I could clear that out?
MS. COMEY: Why don't I have you take a look at the hard copy. So we've got the hard copy, page 2, line 5. Is the next Exhibit under Mr. Combs' name the same as the exhibit under Chase Watkins' name?
JOSEPH CERCIELLO: Yes. MS COMEY: Let's go ahead and take a look at that. Please pull up Government Exhibit A-407. Let's zoom in on the information in the gray box at the top, please.
MS. COMEY: Now is this a text exchange between Mr. Combs' 9922 phone and another number?
JOSEPH CERCIELLO: Yes.
MS. COMEY: Could you read the other number for us, please?
JOSEPH CERCIELLO: 601-503-6336. MS COMEY: Let's pull up Government Exhibit 1312, page 2, please and find that number ending in 6336 up at the top.
MS. COMEY: Who is the individual user of that phone number?
JOSEPH CERCIELLO: Chase Watkins. MS COMEY: Let's go back please to Government Exhibit A-407 and pull up pages 1 and 2 next to each other.
MS. COMEY: I'll ask you to read Mr. Combs' messages in green, and I'll read Chase Watkins' messages in blue. So can you go ahead and read -- first, can you tell us the date of these messages, please?
JOSEPH CERCIELLO: 12/4/2021.
MS. COMEY: Would you please read the first message from Mr. Combs?
JOSEPH CERCIELLO: Hey, are still on for 10.
MS. COMEY: Yes, I am. I'm on my way now. See you soon. I'll be there just before 10.
JOSEPH CERCIELLO: Okay. Just have them call up. MS COMEY: We can take that down. Thank you. Let's go back to 1406, page 2, row 5.
MS. COMEY: Is the first entry under Don the same Cash App entry we just looked at?
JOSEPH CERCIELLO: Yes.
MS. COMEY: Then the next exhibit under Don is AX-103-A. What does the X in that prefix mean?
JOSEPH CERCIELLO: That these are explicit exhibits.
MS. COMEY: Are there multiple explicit exhibits throughout the -- referenced throughout the chart in 1406?
JOSEPH CERCIELLO: Yes.
MS. COMEY: We're not going to watch it now, but can you tell us generally what kinds of explicit exhibits are cited in these are chart?
JOSEPH CERCIELLO: These explicit exhibits are sexual encounters.
MS. COMEY: Who is visible in all of those sexual encounters?
JOSEPH CERCIELLO: Jane. MS COMEY: So for now I want to move on to another example. Let's go to page 9, please, and look at row 23.
MS. COMEY: Looking at row 23, what's the date of this entry?
JOSEPH CERCIELLO: 1/20/2023 to 1/22/2023.
MS. COMEY: What's the location?
JOSEPH CERCIELLO: The London Hotel in Los Angeles, California.
MS. COMEY: Why is the word damage in parentheses next to the room number?
JOSEPH CERCIELLO: There was a damage report and damage sustained to that hotel room. MS COMEY: Let's take a look at the hotel records. Would you please pull up, Ms. Becker, Government Exhibit 7J-117, page 1.
MS. COMEY: What is the name of the hotel that this record is for?
JOSEPH CERCIELLO: The London, West Hollywood.
MS. COMEY: What name is to the left right under the hotel?
JOSEPH CERCIELLO: Joseph Chavez.
MS. COMEY: Looking over to the right, what's the arrival date?
JOSEPH CERCIELLO: Arrival 1/20/2023.
MS. COMEY: What's the departure date?
JOSEPH CERCIELLO: 1/22/2023. MS COMEY: Let's go now to page 3, please.
MS. COMEY: At the end right above the words American Express, what is the charge on this bill?
JOSEPH CERCIELLO: Damaged furnished $3,750.
MS. COMEY: What was the total charge for this stay?
JOSEPH CERCIELLO: Total charge $7,577.24. MS COMEY: Let's pull up now Government Exhibit 7J-117-B, please, pages 1 and 2 side by side.
MS. COMEY: What type of record is this?
JOSEPH CERCIELLO: This is a security damage report issued by the London West Hollywood.
MS. COMEY: What is written in this report under the box that says hotel guest?
JOSEPH CERCIELLO: Host guest Chavez Joseph and then it says VIP Diddy.
MS. COMEY: What's the date of this report?
JOSEPH CERCIELLO: The date of this report is 1/22/2023.
MS. COMEY: Would you please read what's written in the box below the header, please?
JOSEPH CERCIELLO: On Sunday, January 22, 2023 at approximately 12:30 p.m., SO Tello dispatched to room 229 with MOD Erik Carpio in regards to possible damaged room by recent checked-out guest. Upon arriving to the room, you can see bodily fluids stained on the wood floor, spread across the entire room in sections, as well as a couch inside the room. You will also see a lot of used linen in various sections of the room as well. Pictures attached as evidence. MS COMEY: We can take that down. Thank you. And go back to 1406, page 9, row 23.
MS. COMEY: I want to take a look at the names column now. What names are in this column?
JOSEPH CERCIELLO: Jane, Combs, Paul, Reggie and Kabrale.
MS. COMEY: Starting with Jane and Combs, is the first exhibit for both of them the same?
JOSEPH CERCIELLO: Yes. MS COMEY: Let's take a look. Can we please pull up Government Exhibit A-104-40, pages 2 and 3 side by side. Can you zoom in on the bottom left green text?
MS. COMEY: What's the date of this text?
JOSEPH CERCIELLO: 1/20/2023.
MS. COMEY: Is this a text from Sean Combs to Jane?
JOSEPH CERCIELLO: Yes, it is.
MS. COMEY: Would you read it, please?
JOSEPH CERCIELLO: The flights is $420, and this is an overnight rate. You can Cash App $420 for the flights and the $680 deposit. Total $1,100, $Cowboys4Angels.
MS. COMEY: How did Jane respond? Let's look at the next page.
JOSEPH CERCIELLO: She liked that message. MS COMEY: We can take this down. Thank you. Actually, I'm sorry, can we go back to that exhibit and go to page 5, Ms. Becker.
MS. COMEY: Could you just read the bottom text and tell us the date and time of it.
JOSEPH CERCIELLO: Date and time is 1/21/2023, UTC time is 2:26:47, and the message reads: Paul gonna meet us at 9:30.
MS. COMEY: Is that from Mr. Combs to Jane?
JOSEPH CERCIELLO: Yes. MS COMEY: Now let's go back to Government Exhibit 1406, page 9, row 23, and I want to look at the rest of the exhibits under Jane's name.
MS. COMEY: Is the rest of these with the prefix E references to materials from her iCloud?
JOSEPH CERCIELLO: Yes. MS COMEY: Let's pull up E-129-M and E-130-M side by side, please. Could you pull up the M so we could look at the metadata, Ms. Becker?
MS. COMEY: While she's pulling that up, are these pictures of lingerie?
JOSEPH CERCIELLO: Yes.
MS. COMEY: Let's look at the metadata. Can you tell us, please, the dates when these were taken?
JOSEPH CERCIELLO: Last modified date 1/21/2023.
MS. COMEY: For both of those?
JOSEPH CERCIELLO: Yes. MS COMEY: Let's go now please to Government Exhibit E-133-M.
MS. COMEY: What is this?
JOSEPH CERCIELLO: It's a picture of Sean Combs.
MS. COMEY: What does the metadata show for when this was taken?
JOSEPH CERCIELLO: Last modified date 1/21/2023. MS COMEY: Let's go back to Government Exhibit 1406, page 9, row 23.
MS. COMEY: Looking at the next two exhibits cited underneath Jane's name, are they also cited under Kabrale's name and Paul's name, respectively?
JOSEPH CERCIELLO: Yes.
MS. COMEY: And looking at the rest of the exhibits under Combs' name, are they also cited under Reggie's name and Paul's name, respectively?
JOSEPH CERCIELLO: Yes.
MS. COMEY: We're going to walk through those now. Let's start with Paul. MS COMEY: Can we please pull up Government Exhibit G-102, pages 52 and 53.
MS. COMEY: Looking at the second message down on left, what's the date of that message?
JOSEPH CERCIELLO: 1/20/2023.
MS. COMEY: Are these text message between Sean Combs and Paul Arthur?
JOSEPH CERCIELLO: Yes.
MS. COMEY: I want to read through these. I will read Paul Arthur's texts in blue. You please read -- or excuse me -- I will read Paul Arthur's texts in green, and you please read Mr. Combs' texts in blue, starting with the second one on the left, please?
JOSEPH CERCIELLO: You in LA?
MS. COMEY: Yes.
JOSEPH CERCIELLO: Cool. Ima hit you later.
MS. COMEY: Cool.
JOSEPH CERCIELLO: Yo. MS COMEY: Let's go now, please, to Government Exhibit G-101, pages 8 and 9.
MS. COMEY: Looking at the top of this page, are these more text messages between Paul Arthur and a different phone number for Mr. Combs?
JOSEPH CERCIELLO: Yes.
MS. COMEY: What's the date of these messages?
JOSEPH CERCIELLO: The date is 1/21/2023.
MS. COMEY: I'll read Mr. Arthur. You read Mr. Combs. Which spot?
JOSEPH CERCIELLO: The London.
MS. COMEY: Okay.
JOSEPH CERCIELLO: How far are you?
MS. COMEY: 15 mins. Five mins away. MS COMEY: We can take that down, and now, please, go to Government Exhibit G-103, pages 68 and 69.
MS. COMEY: Now are these messages between Paul Arthur and Jane?
JOSEPH CERCIELLO: Yes.
MS. COMEY: I'd like to look at the bottom left. Is this from the same date as the messages we were just looking at between Mr. Arthur and Mr. Combs?
JOSEPH CERCIELLO: Yes. 1/21/2023.
MS. COMEY: I'll have you read the blue messages, and I'll read the green messages.
JOSEPH CERCIELLO: Hey P. Just wondering if you were here yet. If not, it's okay. I need an sec anyways.
MS. COMEY: I'll be there in 25 mins.
JOSEPH CERCIELLO: Okay. Sure. MS COMEY: We can take that down, and go to Government Exhibit 1406, please, page 9, row 23. Now let's look at what's cited for Reggie. Let's go to Government Exhibit A-102, page 1. If we could pull that up side by side with stipulation 1312, please. Looking first at the phone numbers at the top, let's find those numbers on the stipulation, please. So if we could go looking at the number 954-234-7456.
MS. COMEY: Who is the individual user of that number?
JOSEPH CERCIELLO: The name is Bridget Kreshover. MS COMEY: Now let's go to the next page, please, and look at the user of the number ending in 3286.
MS. COMEY: Down close to the bottom.
JOSEPH CERCIELLO: 3286 is Sean Combs.
MS. COMEY: You said the first name was associated with Bridget Kreshover?
JOSEPH CERCIELLO: Yes. MS COMEY: Could we now please pull up, instead of the stipulation on the right, Government Exhibit 3P-100.
MS. COMEY: What is this?
JOSEPH CERCIELLO: This is a declaration of custodian of records.
MS. COMEY: What's the name of the declarant?
JOSEPH CERCIELLO: Declarant is Bridget Kreshover.
MS. COMEY: Is that the same name we just looked at associated with the phone number we were talking about?
JOSEPH CERCIELLO: Yes. MS COMEY: Can you zoom out of that, please, Ms. Becker. Down at the bottom right, I'd like to zoom in on the lines on the bottom right, please.
MS. COMEY: Could you read the name and title of declarant?
JOSEPH CERCIELLO: Name is Brigitte Kreshover a/k/a Bridget Collins, sole owner, CEO and manager.
MS. COMEY: Could you read the name of business, please?
JOSEPH CERCIELLO: Cowboys4Angels as registered fictitious names of Collins Productions LLC. MS COMEY: Let's go now to Government Exhibit 3P-120.
MS. COMEY: What's the title of this document?
JOSEPH CERCIELLO: This is the application for registration of fictitious name.
MS. COMEY: What is the fictitious name to be registered?
JOSEPH CERCIELLO: Cowboys4Angels.
MS. COMEY: What is the owner of the fictitious name?
JOSEPH CERCIELLO: The owner is Collins Production LLC.
MS. COMEY: Down at the bottom, can we see who signed this, please?
JOSEPH CERCIELLO: Signed by Bridget Collins. MS COMEY: Let's go back and look at the texts between Bridget and Mr. Combs in A-102 and start at pages 1 and 2 side by side, please.
MS. COMEY: What's the date of these texts?
JOSEPH CERCIELLO: 1/20/2023.
MS. COMEY: I'd like to read through these. I'll read Bridget's and you read Mr. Combs. "He's available. Three exclamation points with screenshots below. Does this timeframe work for you?"
JOSEPH CERCIELLO: "Great. So can he be here by 9?" MS COMEY: Let's go to pages 3 and 4, please.
MS. COMEY: "He's land at 11:25."
JOSEPH CERCIELLO: "Can it be earlier?"
MS. COMEY: "He has a client earlier today."
JOSEPH CERCIELLO: "LOL. Damn, we don't want a tired situation. LOL. Feel me?"
MS. COMEY: Laughed at the previous text. "Reggie is never tired." MS COMEY: Let's go to pages 5 and 6, please.
MS. COMEY: Can you keep reading, please.
JOSEPH CERCIELLO: "Okay. So how do we get it done?"
MS. COMEY: "The flights is $420, and this is an overnight rate. You can CashApp the $420 for the flight, and the $680 deposit. Total $1,100. $Cowboys4Angels. Let me know when you sent it so I can verifies." MS COMEY: Let's go now to pages 7 and 8, please.
MS. COMEY: Edited to "let me know when you have sent it, so I can verify. I received the payment. Flights are getting booked. The remaining balance is $2,720. Where should he meet you when he arrives?"
JOSEPH CERCIELLO: "What's that for?"
MS. COMEY: "Reggie. Where should he arrive once he lands? " MS COMEY: Let's go to pages 9 and 10, please.
JOSEPH CERCIELLO: "Is that the rate?"
MS. COMEY: "His overnight rate its $3,400. You pay the 20 percent deposit so the remaining balance is $2,720. If you want to Cash APP that too, you can, or cash is always great."
JOSEPH CERCIELLO: "Okay. What time does he land?"
(Continued on next page)
BY MS. COMEY:
MS. COMEY: "He's landing at 11:25."
JOSEPH CERCIELLO: "I'm pretty sure we're at the London, so what time would he be getting to us?"
MS. COMEY: Let's go to pages 11 and 12.
MS. COMEY: "In West Hollywood, he would be there about 12:30."
JOSEPH CERCIELLO: "OK. Send me his number. We're going to go out, so like 2 a.m."
MS. COMEY: "He's reaching out."
JOSEPH CERCIELLO: "OK."
MS. COMEY: Now, Agent Cerciello, is the reference to the name Reggie that we saw in this text exchange the reason that it is cited under the name Reggie in the chart?
JOSEPH CERCIELLO: Yes.
MS. COMEY: Let's go back to the chart, please, back to 1406, page 9, row 23. In row 23 the last name is Kabrale. Let's take a look at what's cited underneath there. Can we please up Government Exhibit F-101, and we'll just look at pages 222 and 223 side by side, please.
MS. COMEY: Are these texts between Jane and Kabrale?
JOSEPH CERCIELLO: Yes.
MS. COMEY: I'll ask you to read Kabrale's messages, and I'll read Jane's messages. But first, would you please tell us the date?
JOSEPH CERCIELLO: Date is 1/20, 2023.
MS. COMEY: Would you please read the green messages?
JOSEPH CERCIELLO: "What's up beautiful? I'm in L.A. until the 24th."
MS. COMEY: "Hey, good morning," smiley face. You're in town...are you awake? London hotel. LMK when you're on the way. I'll give you the info."
JOSEPH CERCIELLO: "OK. Bet, love. I'll be OTW in about 30 minutes."
MS. COMEY: "Sounds good," smiley face.
JOSEPH CERCIELLO: "Just ordered my Uber, love."
MS. COMEY: We can take that down and go back to Government Exhibit 1406, row 23, please. Now let's look at flight records.
MS. COMEY: What is in flight records here?
JOSEPH CERCIELLO: There's a flight record for Paul on January 19, American Air Lines.
MS. COMEY: And then what's the next entry?
JOSEPH CERCIELLO: It's a text about Reggie from Combs to Jane.
MS. COMEY: And is that quoted there?
JOSEPH CERCIELLO: Yes.
MS. COMEY: And then what about Kabrale?
JOSEPH CERCIELLO: And then Kabrale has a Spirit Airlines flight dated 1/18.
MS. COMEY: All right. Now let's go to financial, please.
MS. COMEY: What's in the financials column for this row?
JOSEPH CERCIELLO: Financial record for Paul, 1/24, $900 cash deposit. On 1/25 a $600 cash deposit. For Reggie, there are CashApp screenshots. And no records for Kabrale.
MS. COMEY: And let's take a look at Paul's. Can we please pull up Government Exhibit 4E-101, page 1336 and 1335. Sorry. Can we get 1335 on the left and 1336 on the right.
MS. COMEY: What kind of record is this?
JOSEPH CERCIELLO: These are bank records from Chase -- J.P. Morgan Chase bank.
MS. COMEY: And what name is the account, if you look at the top left?
JOSEPH CERCIELLO: Arthur Fitness LLC.
MS. COMEY: Now I want to look at the right, and I want to look under deposits and additions. Can we zoom in there, please.
MS. COMEY: Can you tell us what deposits were made into this account on January 24 and January 25?
JOSEPH CERCIELLO: January 24, there was an ATM cash deposit in Los Angeles in the amount of $900. On January 25, there was a ATM cash deposit in Los Angeles in the amount of $600.
MS. COMEY: Now, to be clear, do these records tell you where this cash came from?
MS. COMEY: So all you can say is cash was deposited into this account days after the date range indicated in row 23 of 1406?
JOSEPH CERCIELLO: Yes.
MS. COMEY: Let's go back to Government Exhibit 1406, page 9, row 23, please. The last in financials with records referenced is Reggie. Let's take a look at the screenshot. Can we pull up Government Exhibit A-104-40B.
MS. COMEY: And can you just read for us what it says in the middle underneath the green check?
JOSEPH CERCIELLO: "You sent $1,100 to C4A."
MS. COMEY: Now let's go back to Government Exhibit 1406, page 9.
MS. COMEY: For Kabrale it says no records located. Does that necessarily mean Kabrale received no money in this date range, or does it just mean the records you reviewed showed no indication of him receiving money?
JOSEPH CERCIELLO: It just means that I wasn't provided records that showed a financial transaction.
MS. COMEY: I want to look at one more example here. Let's go to 1406, page 11, row 29, please.
MS. COMEY: Looking at row 29, what's the date?
JOSEPH CERCIELLO: 4/24, 2023, to 4/25, 2023.
MS. COMEY: What's the location?
JOSEPH CERCIELLO: The London hotel, Los Angeles, California.
MS. COMEY: And what does it say underneath the room number?
JOSEPH CERCIELLO: Frank Black, room 917, damage.
MS. COMEY: Let's look at Government Exhibit 7J-118, pages 1 and 2 side by side, please.
MS. COMEY: What's the name of the hotel?
JOSEPH CERCIELLO: The London West Hollywood.
MS. COMEY: What's the guest name?
JOSEPH CERCIELLO: Frank Black.
MS. COMEY: What's the arrival and departure date?
JOSEPH CERCIELLO: Arrival 4/24, 2023, departure 4/25, 2023.
MS. COMEY: Now if we could zoom back out, please, I want to look at the right-hand side.
MS. COMEY: What charge was added on April 26, 2023?
JOSEPH CERCIELLO: April 26, 2023, damaged linen.
MS. COMEY: How much was that charge?
JOSEPH CERCIELLO: $1,261.
MS. COMEY: And what charge was added the next day, on April 27?
JOSEPH CERCIELLO: April 27, 2023, damaged furniture.
MS. COMEY: For how much?
JOSEPH CERCIELLO: $1,800.
MS. COMEY: What was the total charge for this stay?
JOSEPH CERCIELLO: $5,564.46.
MS. COMEY: Let's go now, please, to 7J-118-A, pages 1 and 2 side by side, please. I may have given you the wrong cite. I apologize. Go ahead and take that down. And let's go to 7J-118B. And can you pull up pages 1 and 2 side by side.
MS. COMEY: What kind of report is this?
JOSEPH CERCIELLO: This is a security incident report from the London hotel.
MS. COMEY: And when it says type of report, what does it say?
JOSEPH CERCIELLO: Damage report.
MS. COMEY: What's the date of the incident report?
JOSEPH CERCIELLO: 4/24, 2023.
MS. COMEY: And what's the guest's name?
JOSEPH CERCIELLO: Sean Combs.
MS. COMEY: Would you please read what's written in the report?
JOSEPH CERCIELLO: "Room 917, linens, and smoking in the room. The towels in room 917 appear to have been soaked in baby oil. The towels have permanent stains on them. The baby oil is on the carpet as well. There is also evidence of smoking in the room."
MS. COMEY: Let's go now, please, back to Government Exhibit 1406, page 11, row 29, and I want to look at the names column.
MS. COMEY: What names are in this column?
JOSEPH CERCIELLO: Jane, Combs, Paul.
MS. COMEY: Let's read through the exhibits cited. Can we please pull up Government Exhibit A-442-12, pages 58 and 59.
MS. COMEY: What's the date of these texts?
JOSEPH CERCIELLO: 4/25, 2023.
MS. COMEY: Are these texts between Mr. Combs and Jane?
JOSEPH CERCIELLO: Yes.
MS. COMEY: I'd like to read through them, please. Would you please read Mr. Combs's green bubbles. I'll read Jane's blue bubbles.
JOSEPH CERCIELLO: "I'm on way up. What's number."
MS. COMEY: "IDK. Have us now. I should have washed them, but we were at house. OK. I'm CHA space N 917 Chavez."
MS. COMEY: We can take that down. And back to Government Exhibit 1406, page 11, row 29, please.
MS. COMEY: Is the next entry under Combs's name the same entry under Paul's name?
JOSEPH CERCIELLO: Yes.
MS. COMEY: Let's take a look. Please pull up Government Exhibit G-102, and we'll go to pages 91 and 92 side by side, please.
MS. COMEY: Are these more text messages between Paul Arthur and Sean Combs?
JOSEPH CERCIELLO: Yes.
MS. COMEY: OK. I will read Paul Arthur in the green bubbles and you read Mr. Combs in the blue bubbles. But, first, what's the date?
JOSEPH CERCIELLO: Date is 4/25, 2023.
MS. COMEY: Paul Arthur says: "OK."
JOSEPH CERCIELLO: "We're at the London."
MS. COMEY: "OK."
JOSEPH CERCIELLO: "How long?"
MS. COMEY: "20 mins."
JOSEPH CERCIELLO: "RM 917, Chavez."
MS. COMEY: We can take that down. Thank you. And let's go back, please, to Government Exhibit 1406, page 11, row 29.
MS. COMEY: What is in the financials column?
JOSEPH CERCIELLO: Says Combs, 5,000 PD personal 4/24 London, Faheem.
MS. COMEY: Let's pull up --
MS. COMEY: Well, first, what is the government exhibit cite?
JOSEPH CERCIELLO: Government Exhibit J-141, page 1.
MS. COMEY: Can we please pull up Government Exhibit stipulation 1301, page 4, and I'd like to look at paragraphs 24 and 25, please. "On or about September 17, 2024, in the vicinity of Atlanta, Georgia, HSI seized the GX J100, a cell phone from Faheem Muhammad's person. "Government Exhibits GX J100-A through J143, including the subdivisions thereof, are true and accurate excerpts of data extracted from GXJ100." Let's go to Government Exhibit J-141, please, just page 1. And can we zoom in on that box, please. Just the first two. That's fine.
MS. COMEY: What's the created date?
JOSEPH CERCIELLO: 4/25, 2023.
MS. COMEY: And what's the source in the second column?
JOSEPH CERCIELLO: Notes.
MS. COMEY: And would you please read the second line down under body?
MS. GERAGOS: Your Honor, can we please have a sidebar and take this down, please?
THE COURT: Let's take it down for a second.
(Continued on next page)
(At sidebar)
MS. GERAGOS: I have to take some personal responsibility here because this was on the list Ms. Comey had sent me the past two days, but I missed that your Honor sustained our objection, I believe, to the specific exhibit.
MS. SLAVIK: If I recall correctly, your Honor, the exhibit that was offered as J141 is, like, a 25-page-exhibit of several different Notes from Faheem's phone. And so my understanding was what this was an excerpt of is just one note that Ms. Comey is trying to offer.
THE COURT: What's the objection?
MR. DRISCOLL: Still have lack of foundation objection.
THE COURT: When does this objection come up? This is something that has to be raised in advance, because we're at a sidebar. I don't recall this specific --
MR. DRISCOLL: It was at the end of the day on the 12th, your Honor.
THE COURT: OK.
MR. DRISCOLL: To J141.
MS. SLAVIK: Your Honor, I believe the foundation has been laid. The stipulation that Ms. Comey read indicates that the note was taken from Faheem's phone, stipulated to be a true and accurate record from Faheem's phone. So I think the foundation has been laid, and it is an authentic document from Faheem's phone. And I think the testimony from other witnesses, including just now, Brendan Paul, indicate that Faheem was in charge of distributing Mr. Combs's cash and often brought cash to Mr. Combs.
THE COURT: Let me ask you this question. Whether or not there was a sustained objection before, what is the objection now, given what Ms. Slavik just said?
MR. DRISCOLL: Hearsay, your Honor.
THE COURT: OK. Why wouldn't it fall into the, why is it not hearsay because of 801(d)(2)(D)?
MR. DRISCOLL: Because we haven't heard any testimony as to what these notes are or why they were made. So for the government to argue that they're just statements of an agent, that foundation hasn't been laid.
THE COURT: Why wasn't this identified when the summary chart that has been admitted into evidence references this specific exhibit?
MS. GERAGOS: That was my fault, your Honor. This is why I started this objection by saying that I missed this. I completely missed this.
MR. DRISCOLL: Your Honor, I also think at the time of your ruling on Thursday we didn't have the final version of the chart --
THE COURT: That would have been several days --
MR. DRISCOLL: -- rulings that have been incorporated into the chart.
MS. SLAVIK: Your Honor, I think it clearly comes in as an agent statement, at the very least. There's been plenty of testimony that Faheem worked as Mr. Combs's agent, and he was responsible for maintaining Mr. Combs's cash.
THE COURT: And what is the document.
MS. SLAVIK: The document is a note from Faheem's phone indicating that he delivered cash to Mr. Combs at the London hotel on the date of this hotel night with Jane.
MS. COMEY: And the specific entry, your Honor, is $5,000, PD personal, 4-24 (London-Faheem). That and the date are all I'm putting in. That's it.
THE COURT: That's all you're putting in.
MS. COMEY: That's all I'm putting in. I will redact everything else if the defense wants me to.
THE COURT: All right. So I think that for the reasons stated by Ms. Slavik, the objection is overruled as to that specific portion. In any event, I think at this point it's been waived.
MS. COMEY: And your Honor, I will not pull the exhibit back up, given that I've agreed to redact, and we'll just pull it up for the witness and have him read that portion.
THE COURT: All right. Very good.
(Continued on next page)
(In open court)
THE COURT: Ms. Comey, you may proceed.
MS. COMEY: Thank you. Ms. Becker, can you please just pull up for the witness the exhibit we were just looking at so that we can just focus in on the one specific line that is cited in the chart. And if you could, for the witness, zoom in.
MS. COMEY: And so you had said that this was dated April 25, 2023, is that right, Agent Cerciello?
JOSEPH CERCIELLO: Correct.
MS. COMEY: And is the source Notes?
JOSEPH CERCIELLO: Yes.
MS. COMEY: And the only thing I'd like you to read, please, is the second line, nothing else, under body, starting with $5,000.
MS. COMEY: No, no, no. The one right above the one that just got highlighted. Thank you.
JOSEPH CERCIELLO: "$5,000, PD, personal, 4/24, London-Faheem."
MS. COMEY: Thank you. We can take that down. And now I'd like to take a look at an example of a row that does not have a hotel listed. Let's go to Government Exhibit 1406, page 16, row 44, please.
MS. COMEY: What is the date of this row?
JOSEPH CERCIELLO: 6/18, 2024, to 6/19, 2024.
MS. COMEY: What is the location?
JOSEPH CERCIELLO: Location is Jane residence, California.
MS. COMEY: I want to look at the cite for that. Can we please pull up Government Exhibit J-124-D, page 4.
MS. COMEY: Are these text messages between Jonathan and Faheem?
JOSEPH CERCIELLO: Yes.
MS. COMEY: What is the date?
JOSEPH CERCIELLO: 6/18, 2024.
MS. COMEY: And I'm going to read the second text message. Does it read: "Hi, Fah. We need $600 for Phil ASAP, please. We are out, and PD is about to go to Jane's house"?
JOSEPH CERCIELLO: Yes.
MS. COMEY: And did Jonathan send that?
JOSEPH CERCIELLO: Yes.
MS. COMEY: And who did he send that to?
JOSEPH CERCIELLO: Faheem Muhammad.
MS. COMEY: And what date and time did he send that?
JOSEPH CERCIELLO: That was on 6/18, 2024, 9:35:32 p.m. UTC time.
MS. COMEY: So would that be approximately 2:35 p.m. California time on June 18?
JOSEPH CERCIELLO: Correct.
MS. COMEY: Let's look now at Government Exhibit J-122, page 1, please.
MS. COMEY: Now, without reading it, can you tell us, please, who are the participants in this text chain? Without reading the texts, just tell us who the participants are.
JOSEPH CERCIELLO: K.K. and Faheem Muhammad.
MS. COMEY: And then in between those two, is there also jperezmpr@gmail.com?
JOSEPH CERCIELLO: Yes, there's an email address.
MS. COMEY: Let's take that down, and let me look at the top text here.
MS. COMEY: What's the date and time of this text?
JOSEPH CERCIELLO: 6/19, 2024.
MS. COMEY: What time?
JOSEPH CERCIELLO: Sorry. 1:13:15 a.m.
MS. COMEY: In what time zone?
JOSEPH CERCIELLO: UTC.
MS. COMEY: So would that be about 6:13 p.m. California time on June 18?
JOSEPH CERCIELLO: Yes.
MS. COMEY: I'll read this. And is this from JPérez to Faheem?
JOSEPH CERCIELLO: Yes.
MS. COMEY: So JPérez writes: "Me and PD en route to," and then he writes a location. Do you see that?
JOSEPH CERCIELLO: Yes.
MS. COMEY: Let's go now, please, to Government Exhibit 3R-121.
MS. COMEY: Is this Jane's identification?
JOSEPH CERCIELLO: Yes, it is.
MS. COMEY: And looking under her true name, do you see an address?
JOSEPH CERCIELLO: Yes.
MS. COMEY: And does that address include the language of the location that we just saw in the text that JPérez sent to Faheem on June 18?
JOSEPH CERCIELLO: Yes, it does.
MS. COMEY: OK. We can take that down. Thank you. And let's go back to Government Exhibit 1406, page 16, row 44. I'd like to look at the next column.
MS. COMEY: Are the texts that we just looked at from the J series cited underneath Jane's name?
JOSEPH CERCIELLO: Yes.
MS. COMEY: And are they also cited under Combs's name?
JOSEPH CERCIELLO: Yes.
MS. COMEY: And are there also images and videos from Jane's iCloud cited underneath both of Jane and Combs's names?
JOSEPH CERCIELLO: Yes.
MS. COMEY: Let's look at a couple examples. Ms. Becker, would you please pull up side by side Government Exhibit E-249-M and E-253-M. And can we zoom in on the times, please.
MS. COMEY: So what date was this taken?
JOSEPH CERCIELLO: Last modified date 6/18, 2024.
MS. COMEY: And on the other side?
JOSEPH CERCIELLO: Last modified 6/18, 2024.
MS. COMEY: Is that time in UTC?
JOSEPH CERCIELLO: Yes.
MS. COMEY: And if we take that down and just look at the photos, does it look like the sun's still out in those photos?
JOSEPH CERCIELLO: Yes, it does.
MS. COMEY: Let's go back to Government Exhibit 1406, page 16, row 44, please.
MS. COMEY: Who is the third name --
MS. COMEY: On page 44 -- excuse me. Page 16, line 44. My apologies, Ms. Becker.
MS. COMEY: In line 44, who is the last name?
JOSEPH CERCIELLO: Antoine.
MS. COMEY: Let's take a look at what's cited here. Let's start with Government Exhibit 3R-123, please, and put it side by side with Government Exhibit 1312.
MS. COMEY: On the left, does that appear to be a screenshot of a contact?
JOSEPH CERCIELLO: Yes, it does.
MS. COMEY: And does that have a phone number ending in 1143?
JOSEPH CERCIELLO: Yes.
MS. COMEY: On the right, let's look in the stipulation for that same phone number. Go to the next page, please.
MS. COMEY: Now, down at the bottom, third from the bottom, is that the same phone number in the contact?
JOSEPH CERCIELLO: Yes.
MS. COMEY: What's the name associated with the user of that phone number?
JOSEPH CERCIELLO: Shamel Douglas, a/k/a Antoine.
MS. COMEY: And now let's go to the third record cited under Antoine's name. Let's go, please, to Government Exhibit 5C-361, and I'd ask, Ms. Becker, that you sort this record by date.
MS. COMEY: What type of record is this? Is it a phone record?
JOSEPH CERCIELLO: Yes.
MS. COMEY: And for which phone number?
JOSEPH CERCIELLO: 213-776-1143.
MS. COMEY: And is that the same number that we just saw associated with Shamel Douglas, a/k/a Antoine?
JOSEPH CERCIELLO: Yes.
MS. COMEY: And I'd like to go now down, please, to rows 127 through 129. Can we highlight those row, please. Ms. Becker, is this sorted by date? Sorry. Can we unhighlight those, and Ms. Becker, would you mind, please, sorting this by date. OK. Now we've highlighted rows 127 through 129.
MS. COMEY: What is the date of these entries in these phone records?
JOSEPH CERCIELLO: 6/19, 2024.
MS. COMEY: And is the time Pacific Coast time?
JOSEPH CERCIELLO: GMT time.
MS. COMEY: GMT minus 7?
JOSEPH CERCIELLO: Yes.
MS. COMEY: So California time?
JOSEPH CERCIELLO: Yes, ma'am.
MS. COMEY: And what is the time entry for rows 127, 128 and 129?
JOSEPH CERCIELLO: For 127, the time is 4:17:19. For 128, it's 4:26:33. And for 129, it's 5:19:42.
MS. COMEY: And without saying the number out loud, do you see the number that Antoine's phone is in touch with for each of those calls?
JOSEPH CERCIELLO: Yes.
MS. COMEY: Let's take a look at that number and then go back, please, to Government Exhibit 1312. And I'd like to look for Jane's name, please.
MS. COMEY: Do you see at the bottom of the second page Jane's name?
JOSEPH CERCIELLO: Yes.
MS. COMEY: Is that the same phone number we just saw in the records in the early morning hours of June 19, 2024?
JOSEPH CERCIELLO: Yes, it is.
MS. COMEY: We can go back now to Government Exhibit 1406, page 16, row 44, please. And this is the last thing I'll ask you to do for the day, Agent Cerciello. Let's take a look at the financials column.
MS. COMEY: Can you tell us what you see in the financials column?
JOSEPH CERCIELLO: Under the name Combs, on 6/19, Jonathan Pérez texts Faheem Muhammad: "Fah, he's asking me to bring him his cash. He wasn't sure how much you were holding for him. He said he thinks 10." On 6/20, Jonathan Pérez texts Faheem Muhammad: "Hi, Fah. Putting PD on this text with us. Need $3,500 cash ASAP for his guest. I'm going to take it to her."
MS. COMEY: Let's just take a look at those exhibits. Could you please pull up Government Exhibit J-144, pages 1 and 2.
MS. COMEY: Starting in that gray box on the left, who are the participants in this conversation?
JOSEPH CERCIELLO: Participants are, an email for Faheem; phone number for Jonathan, assistant; K.K.; and a phone number for Faheem Muhammad.
MS. COMEY: And what's the date of these messages?
JOSEPH CERCIELLO: 6/19, 2024.
MS. COMEY: And who sends this first message?
JOSEPH CERCIELLO: That would be K.K.
MS. COMEY: To who?
JOSEPH CERCIELLO: Faheem Muhammad.
MS. COMEY: And what does K.K. write?
JOSEPH CERCIELLO: "Hi. Can someone go pick up PD ASAP, please."
MS. COMEY: What's the date and time of that message?
JOSEPH CERCIELLO: Date is 6/19, 2024, at 4:22:26 p.m. UTC.
MS. COMEY: So would that have been the morning on June 19 in California?
JOSEPH CERCIELLO: Yes.
MS. COMEY: Let's go to the next page.
MS. COMEY: Does Jonathan then like that message from K.K.?
JOSEPH CERCIELLO: Yes, he does.
MS. COMEY: And then what does Jonathan write next?
JOSEPH CERCIELLO: "Fah, he's asking me to bring him his cash. Is at house? He wasn't sure how much you were holding for him. Said he thinks 10. Let me know. I'm going to head out shortly."
MS. COMEY: And was that text also sent in approximately the morning of June 19, 2024?
JOSEPH CERCIELLO: Yes.
MS. COMEY: And how did Faheem respond in the next green bubble?
JOSEPH CERCIELLO: "Robin never gave us the cash. She said it was too late. We left that day but will get more dropped off today. We don't have more on hand but trying to get more now."
MS. COMEY: And finally, let's please pull up Government Exhibit J-120, pages 1 and 2.
MS. COMEY: Who are the participants in this?
JOSEPH CERCIELLO: It's a email for Faheem; a phone number ending in 2133; an email for JPérez; and a phone number for Faheem Muhammad.
MS. COMEY: And what's the date of the first text?
JOSEPH CERCIELLO: 6/20, 2024.
MS. COMEY: At what time?
JOSEPH CERCIELLO: 11:36:44 p.m. UTC.
MS. COMEY: So would this have been the afternoon of June 20 in California?
JOSEPH CERCIELLO: Yes.
MS. COMEY: What did JPérez write to Faheem?
JOSEPH CERCIELLO: "Hi, Fah. Putting PD on this text with us. Need $3,500 cash ASAP for his guest. I'm going to take it to her. Let me know how to get it."
MS. COMEY: And then on the next page -- excuse me. At the bottom of that page, how does Faheem respond?
JOSEPH CERCIELLO: "Copy. I can give it to you now."
MS. COMEY: And then how does Pérez respond?
JOSEPH CERCIELLO: "Can you leave it in an envelope with security, and I'll come grab it in a little and take to her. Thank you."
MS. COMEY: And then what does Faheem say?
JOSEPH CERCIELLO: "OK."
MS. COMEY: Your Honor, I think this is a good stopping point, since we're ending early today.
THE COURT: All right. Very good. Thank you, members of the jury. Have a great weekend. I'm going to give you the same instructions that I always give, which is do not speak with each other about the case. Do not speak with anybody else about anything having to do with the case, and do not look up or watch anything or read anything concerning this case or anything about it. With that, have a fantastic weekend. We'll see you here on Monday.
(Continued on next page)
(Jury not present)
THE COURT: Thank you very much. We'll see you here on Monday.
(Witness not present)
THE COURT: Please be seated. All right. Anything further before we adjourn? Well, let me ask, Ms. Comey. How much left do you have on direct?
MS. COMEY: Your Honor, I have one very big chart to go through after this that might take a couple hours. So I think I might take up to the lunch break on Monday. And having conferred with Ms. Geragos, she might take us through the end of the day. So I think we'll hopefully rest at the end of the day on Monday.
THE COURT: Then we can plan to go through the rest of the government's case on Monday and then have Rule 29 arguments after that, and we can hopefully knock those out on Monday.
MS. COMEY: That's right, your Honor. It would be helpful for us to have a sense of what's coming in the defense case so that we can raise any issues for your Honor over the weekend.
THE COURT: All right. Mr. Agnifilo.
MR. AGNIFILO: Yes, Judge. I expect our defense case is going to be on the shorter side even than what I estimated earlier in the week. So what we will do is, we have the weekend, we'll solidify a few things we have to discuss internally, and I think we can give the government probably a 100 percent, you know, view, you know, sometime over the weekend. And we will. And we will -- one of the things, just looking forward to what the Court has to do, I think that by, if we end the government's case and we have the Rule 29 on Monday, I think we would be fully rested Tuesday or Wednesday. So I'm giving that sort of hedge room. As that becomes clear to us, we'll tell the government. We'll also tell your Honor, because I know your Honor's working on -- you said you were going to start drinking Celsius to try and get the jury charge in.
THE COURT: I'm going to give you back the charge today.
MR. AGNIFILO: Right.
THE COURT: The question is how much time the parties will need to review that.
MR. AGNIFILO: Right. Right. So once we sit with that and we sit with a few other issues, we'll be back in touch with the government and the Court, and I think we'll be able to be more specific even than we have been about what the Court and the government can expect from us next week.
THE COURT: Yeah. And just to put on your radar, you'll see this in an email that you'll get maybe in a couple of hours, but my thought was if I send you the proposed charge right now, today at some point, then if the parties could get me back the charge with their edits by Tuesday evening, then we would be in a position to have our charge conference Wednesday after we adjourn for the day. Does that seem to fit with your thinking currently about the length of the case?
MR. AGNIFILO: Yes, it does.
THE COURT: All right. And then we would have closing arguments on Thursday, potentially.
MR. AGNIFILO: Yes. And if there's any shifting in that, I'll let everyone know immediately.
THE COURT: All right. Very good. Then we'll proceed on that basis. That's very helpful. Ms. Comey, anything else before we adjourn?
MS. COMEY: No. Thank you, your Honor.
THE COURT: Mr. Agnifilo.
MR. AGNIFILO: I'm not sure. I can ask the marshals. I don't know if we had any success with the favor I asked of the Court.
THE COURT: Yes. I think you are OK to use the courtroom until 2:30.
MR. AGNIFILO: That's great.
THE COURT: All right.
MR. AGNIFILO: Thank you so much.
THE COURT: All right.
MR. AGNIFILO: Really appreciate it.
THE COURT: Very good. Mr. Donaldson, I've made an inquiry with the MDC to see what the situation is with the minutes, but you should keep asking on your end.
MR. DONALDSON: Yes.
THE COURT: And if it becomes immediate, put in a letter application, and if we haven't received an answer and it becomes an urgent situation, then I'll order what I need to.
MR. DONALDSON: I appreciate it. Thank you.
THE COURT: All right. With that, have a great weekend, everybody.
MR. AGNIFILO: Thank you, Judge.
THE COURT: Were you going to jump up to say something else, Mr. Donaldson?
MR. DONALDSON: No. I'm just stretching.
THE COURT: All right. OK. Have a great weekend, everybody.
(Adjourned to June 23, 2024, at 8:30 a.m.)