UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------x UNITED STATES OF AMERICA, v. 24 Cr. 542 (AS) SEAN COMBS, a/k/a "Puff Daddy," a/k/a "P. Diddy," a/k/a "Diddy," a/k/a "PD," a/k/a "Love," Defendant. Trial
New York, N.Y. June 27, 2025 9:00 a.m. Before: HON. ARUN SUBRAMANIAN, District Judge -and a Jury- APPEARANCES JAY CLAYTON Interim United States Attorney for the Southern District of New York BY: MADISON R. SMYSER EMILY A. JOHNSON MAURENE R. COMEY MEREDITH FOSTER MITZI STEINER MARY C. SLAVIK Assistant United States Attorneys APPEARANCES CONTINUED AGNIFILO INTRATER LLP Attorneys for Defendant BY: MARC A. AGNIFILO TENY R. GERAGOS -and- HARRIS TRZASKOMA LLP BY: ANNA M. ESTEVAO -and- SHAPIRO ARATO BACH LLP BY: ALEXANDRA A.E. SHAPIRO JASON A. DRISCOLL JONATHAN BACH -and- XAVIER R. DONALDSON BRIAN STEEL NICOLE WESTMORELAND Also Present: Lucy Gavin Shannon Becker Paralegal Specialists Raymond McLeod, Evidence Specialist
(Trial resumed)
THE COURT: Good morning, everyone. Please be seated. Mr. Agnifilo, are you ready to go?
MR. AGNIFILO: Ready to go, Judge.
THE COURT: All right. So, before we get started and bring the jury in, I'm going to ask the same question as yesterday. Exhibit list and laptop, are we ready with those materials?
MS. GERAGOS: I'm going to put something on the record, and then I'm going to let Ms. Estevao put the rest. We sent several corrections this morning, after reviewing it again last night, about 20 corrections.
THE COURT: To the laptop.
MS. GERAGOS: To the laptop.
THE COURT: OK.
MS. GERAGOS: There's a lot of exhibits. I imagine that the government will correct those issues today, and then we'll review it again over the lunch break and will be able to provide your Honor with another update once we've reviewed that those corrections were made. And Ms. Estevao wants to put an additional thing on the record about it.
MS. ESTEVAO: Just given the volume of exhibits and the amount of time that we've had, it's impossible to check every page of every single exhibit. We have been extremely diligent in attempting to check all the exhibits and prioritize the exhibits that we've been conferring with the government about, about various issue, like 106 issues, and we feel comfortable with the state of the laptop as it is and getting it to the jury in time for deliberations. But I just wanted to put on the record that we have not reviewed every single page of every exhibit, given the volume.
THE COURT: Well, isn't the easy solution to give the jury the laptop on Monday? Because I'm just thinking about the logistics and the timing today, which is that we have the defense closing, we have the government's rebuttal, we have my rendition of the jury instructions, which is going to take a while, and at that point it's going to be fairly late in the day. And so the jury could begin its deliberations and we could provide them with the laptop on Monday. Anybody see a reason why that wouldn't work? And that will make sure that we will have time if there was some mistake on the laptop.
MS. ESTEVAO: That makes good sense.
MS. COMEY: I agree, your Honor.
THE COURT: All right. So then we'll handle it that way, and that way we can make sure that what we're providing the jury is correct in all respects.
MS. ESTEVAO: And your Honor, could we also provide the exhibit list to the jury on Monday?
THE COURT: I think that's fine. OK.
MS. ESTEVAO: Thank you.
THE COURT: Very good.
MS. COMEY: Your Honor, I have one clerical correction to make to a handful of exhibits. As we previewed, we were going to check them all, and we found some very many minor errors that we've conferred with Ms. Geragos about that we're going to correct. For the record, this relates to Government Exhibits A-166, A-168, A-210A, A-515-A, A-159. The issue is that in pulling out pages to which the defense had objections in these longer exhibits, we accidentally pulled out pages that just had the date, time and file name of audio messages that were in evidence. So we're adding back in just the portions of those pages that have date, time and file name of the audio messages. Otherwise, those exhibits are unchanged. So those are the versions of the exhibits that will go to the jury, and I understand Ms. Geragos has reviewed those and has no objection.
MS. GERAGOS: That's right.
THE COURT: All right. Very good.
MS. COMEY: I apologize. Also, A159 is the other exhibit for which that applies -- not 519. I misspoke. It's not A519. It's A159. And that should complete our corrections.
THE COURT: Ms. Geragos.
MS. GERAGOS: No issues with that. We reviewed those last night, and we think it makes sense to have the corrected exhibits for the jury.
THE COURT: All right. Very good. And we sent the parties the jury instructions and the verdict form and we will have those printed during the lunch break. And to confirm as to the verdict sheet, the parties have each reviewed it, and there are no objections. From the government.
MS. COMEY: That's correct, your Honor.
THE COURT: Ms. Geragos, from the defense.
MS. GERAGOS: That's correct.
THE COURT: All right. Very good.
MS. GERAGOS: May I just consult with Mr. Agnifilo very briefly on one potential issue?
THE COURT: Yes.
MS. GERAGOS: Could we confer with the government on one issue?
THE COURT: Of course.
MS. GERAGOS: During Mia's testimony, we introduced Defense Exhibit 1727. During Mia's testimony, we had turned off the -- we had turned off -- no. What did we do? We gave the jurors a binder -- just trying to remember -- a binder of unredacted photos, and for the gallery we put up redacted photos. Mr. Agnifilo would like to show just one of those exhibits during his summation, which is, as you can see on this board, 1727. We blew it up into a big poster board so that the jury would be able to see it on the easel. We've positioned the easel right there, which is pretty much exactly where she sat for everybody in the gallery to be able to see her face during her testimony. We redacted her name on the poster board so that nobody from the gallery could see her true name, but her face is obviously unredacted in the poster board. It is our strong preference that we be able to use the poster board. The jury has seen her face. Everybody here who would be able to see this has seen her face, and it would reduce the amount of disruptions to Mr. Agnifilo's summation. The government has an objection and would like to put a Post-it over her profile photo in the poster board. We would like to be able to talk about Mia using this poster board with the jury seeing her face. So that is what the issue is, and we think that that is the only issue before the summation.
THE COURT: And I take it that -- how are you -- can you just show me how you're going to place it.
MR. AGNIFILO: I'm going to endeavor to put it up here, Judge. It's going to fall down anyway.
THE COURT: This is good for you to test it out.
MS. GERAGOS: Just to note for your Honor, as you can see, the camera does not show that. The camera for the overflow seating faces us. It does not show the poster board, so the concern of overflow being able to see it, there's no concern, because they can't see it from the camera.
MR. AGNIFILO: What I also could do is I could just hold it up for the jury. I want the jury to be able to see it.
THE COURT: Hold on. Hold on. If you're presenting it and if -- I'm looking at the camera for the overflow room, but if that's the only -- this is the only demonstrative --
MR. AGNIFILO: Yes.
THE COURT: -- that involves this issue.
MR. AGNIFILO: That's right.
THE COURT: You're going to either put it up there on the easel, or you're just going to show it to the jury.
MR. AGNIFILO: Yes.
THE COURT: One of those two ways.
MR. AGNIFILO: That's correct.
THE COURT: All right. That's fine.
MS. GERAGOS: With that, we have no issues on the defense side.
THE COURT: All right. Let's bring in the jury.
COURT CLERK: My apologies, your Honor. Just to provide an update, there was another juror who was having transit issues, and they're working on inquiring what's the status, how long they'll be here.
THE COURT: All right. Please be seated. All right. So we have all our jurors, and so we'll get started in five minutes. All right. We're about to get started.
(Jury present)
THE COURT: Please be seated. Welcome back, members of the jury. Mr. Agnifilo, are you prepared to proceed with the defense's closing?