DIRECT EXAMINATION BY MS. COMEY:
MS. COMEY: Good afternoon.
DANIEL PHILLIP: Good afternoon.
MS. COMEY: Would you please state and spell your name for the record.
DANIEL PHILLIP: Daniel Phillip, D-a-n-i-e-l P-h-i-l-l-i-p.
MS. COMEY: How old are you?
DANIEL PHILLIP: I am 41.
MS. COMEY: How far did you go in school?
DANIEL PHILLIP: I did some college.
MS. COMEY: I would like to direct your attention to the period around approximately 2012 and 2013. During that time, what were you doing for work?
DANIEL PHILLIP: I was managing a male review show.
MS. COMEY: What is a male review show?
DANIEL PHILLIP: Male strippers for women.
MS. COMEY: In what city?
DANIEL PHILLIP: New York.
MS. COMEY: From where else did you receive money in approximately 2012?
DANIEL PHILLIP: From Cassie Ventura, Casandra Ventura.
MS. COMEY: Can we please pull up what's in evidence as Government Exhibit 2A-401.
MS. COMEY: Mr. Phillip, do you recognize the person in that photograph?
DANIEL PHILLIP: Yes.
MS. COMEY: Who is that?
DANIEL PHILLIP: That is Casandra Ventura, or Cassie.
MS. COMEY: What did Cassie Ventura give you money for in around 2012?
DANIEL PHILLIP: To have sex with her.
MS. COMEY: Who else was present when you had sex with Ms. Ventura in exchange for money?
DANIEL PHILLIP: Sean Combs.
MS. COMEY: Can we now please pull up what's in evidence as Government Exhibit 2A-101.
MS. COMEY: Do you recognize the person in that photograph?
DANIEL PHILLIP: Yes.
MS. COMEY: Who is that?
DANIEL PHILLIP: Sean Combs.
MS. COMEY: We can take that down. Thank you, Ms. Gavin.
MS. COMEY: About when did you first meet Ms. Ventura?
DANIEL PHILLIP: I'm estimating, but probably 2012 or '13.
MS. COMEY: Through whom did you first meet Ms. Ventura?
DANIEL PHILLIP: Um, through my boss.
MS. COMEY: What did your boss tell you?
DANIEL PHILLIP: He contacted me one evening and told me that he couldn't find any of our black dancers, which was what was requested, so he asked me if I would mind going down to fulfill an order to have a dancer go down to the Gramercy Park Hotel for a bachelorette party.
MS. COMEY: How did you respond?
DANIEL PHILLIP: I told him I would do it.
MS. COMEY: To what location did your boss send you?
DANIEL PHILLIP: To the Gramercy Park Hotel.
MS. COMEY: Where is that hotel located?
DANIEL PHILLIP: In Gramercy Park, downtown Manhattan.
MS. COMEY: What were you expecting to do at the Gramercy Park Hotel?
DANIEL PHILLIP: I was expecting to go do a little strip tease, and that was it, just for a bachelorette party, a group of women, and then leave.
MS. COMEY: At what time of day did you arrive at the Gramercy Park Hotel?
DANIEL PHILLIP: Um, probably sometime after midnight.
MS. COMEY: So nighttime?
DANIEL PHILLIP: Nighttime.
MS. COMEY: What happened when you arrived at the Gramercy Park Hotel?
DANIEL PHILLIP: When I arrived, Cassie opened the door. And she asked me, um, if I was OK if it was just going to be us, because I was expecting to see a group of women there, but there was only her standing the door. And, um, she asked me to come into the room. Um, we were standing, in, like, a foyer. And she basically said it was her birthday and that her husband wanted to do something special for her, and so she asked me if I would mind rubbing baby oil on her and giving her a massage. And, um, you know, wherever things went from there, if it went, if, you know, based on how comfortable I was.
MS. COMEY: Let me ask you some followup questions.
DANIEL PHILLIP: Sure.
MS. COMEY: Did you know her name at that moment?
MS. COMEY: Did you later learn her name?
DANIEL PHILLIP: Yes.
MS. COMEY: And what did you later learn her name was?
DANIEL PHILLIP: Casandra Ventura.
MS. COMEY: And what did you call her during your later interactions?
MS. COMEY: When she first opened the door and invited you just inside the door, what was Ms. Ventura wearing?
DANIEL PHILLIP: Um, lingerie, like, a red lace outfit with high heels, a red wig, and some sunglasses, dark sunglasses.
MS. COMEY: And after Ms. Ventura told you about her husband being there and baby oil, what, if anything, did she give you when you were in that entryway of the hotel room?
DANIEL PHILLIP: Um, she asked me, um, if I --
MR. DONALDSON: Objection.
THE COURT: Rephrase the question.
MS. COMEY: After telling you what she wanted that evening, what did Ms. Ventura say next?
DANIEL PHILLIP: She told me that, first off, that I didn't have to worry about anything because her husband wasn't gay. I remember her saying that to me, and he wasn't going to try to touch me or anything. And I told her, that's good, because I wasn't with that. And then, um, she told me that, um, she knew that my boss told her that she --
MR. DONALDSON: Objection.
MS. COMEY: Your Honor, it's not offered for the truth, just to provide context for the statement coming next.
THE COURT: That's overruled.
DANIEL PHILLIP: Continue?
THE COURT: You may continue. A. OK. Um, she -- she told me that she knew that my boss had told her that she had to give me $200 upon arrival. And, um, at that point, she gave me a few thousand dollars and said that, um, that, you know, at the end, she would tip me when I'm leaving, before I'm leaving.
MS. COMEY: After she handed you cash, what part of the hotel room did you go into with Ms. Ventura?
DANIEL PHILLIP: We went into the main living room area.
MS. COMEY: What kind of hotel room was this room?
DANIEL PHILLIP: It -- I believe it was a suite.
MS. COMEY: What did the living room area look like when you walked into it that night?
DANIEL PHILLIP: It had, like, velvet couches straight ahead, and it opened up into a big living room. And there was a table in front of the couch, and there were candles that were lit all over the table. Yeah, and -- and then the rest of the room was dark.
MS. COMEY: What else, if anything, did you see on the table?
DANIEL PHILLIP: Um, there were bottles of baby oil and Astroglide, which is a lubricant.
MS. COMEY: Who else did you see in the living room when you walked into it?
DANIEL PHILLIP: There was a man sitting on the right side of the room, if I was facing him, to the back of the room.
MS. COMEY: What was the man wearing?
DANIEL PHILLIP: Um, a white robe with a bandana over his face and, like, a baseball cap on his head.
MS. COMEY: What part of this man's face was the bandana covering?
DANIEL PHILLIP: Um, his nose down.
MS. COMEY: So were you able to see his face clearly?
MS. COMEY: How, if at all, did Ms. Ventura refer to the man in the room?
DANIEL PHILLIP: As babe.
MS. COMEY: Did you later learn who that man was?
DANIEL PHILLIP: I did.
MS. COMEY: What did you learn about that?
DANIEL PHILLIP: Um, well, if you're asking when did I realize who he was?
MS. COMEY: Sure.
DANIEL PHILLIP: Um, as soon as he spoke to me.
MS. COMEY: So when he spoke to you, whose voice did you recognize?
DANIEL PHILLIP: That was Sean Combs.
MS. COMEY: Had you heard Sean Combs' voice before?
DANIEL PHILLIP: Yes.
MS. COMEY: In what context?
DANIEL PHILLIP: In every form I've ever seen him in entertainment.
MS. COMEY: Did you later see his face uncovered at a later date?
DANIEL PHILLIP: I did, yes.
MS. COMEY: Now, that first night, what did you and Mr. Combs say to each other?
DANIEL PHILLIP: Um, not much. I complimented the room, the hotel that we were in, and I asked him what he did for a living. And he told me that he was in importing and exporting. That was the first conversation we had. And then, um, as I was getting ready to leave the hotel, he spoke to me again and told me that, um, I guess he had some trouble with my -- my boss --
MR. DONALDSON: Objection.
(Continued on next page)
BY MS. COMEY:
MS. COMEY: Mr. Phillips, we'll talk about that conversation later.
DANIEL PHILLIP: Okay.
MS. COMEY: Let's focus now on when you first entered the room and when you first started interacting with Mr. Combs. After you had that brief conversation with him, what did you and Ms. Ventura do?
DANIEL PHILLIP: We ended up having sex.
MS. COMEY: Before you and Ms. Ventura had intercourse, what if anything did you rub on each other?
DANIEL PHILLIP: Baby oil.
MS. COMEY: For about how long did that last?
DANIEL PHILLIP: Couple minutes.
MS. COMEY: And then what happened?
DANIEL PHILLIP: And then I ended up having sex with her.
MS. COMEY: What was Mr. Combs doing while you and Ms. Ventura rubbed baby oil on each other?
DANIEL PHILLIP: He was sitting in the corner masturbating watching us.
MS. COMEY: What was he doing while you and Ms. Ventura were having sex?
DANIEL PHILLIP: He was sitting in the corner masturbating.
MS. COMEY: About how long did the sex with Ms. Ventura last that first time?
DANIEL PHILLIP: Not long at all.
MS. COMEY: And how did that sexual encounter end?
DANIEL PHILLIP: With me ejaculating.
MS. COMEY: What, if any, protection were you wearing?
DANIEL PHILLIP: I wasn't at that time.
MS. COMEY: After you finished having sex with Ms. Ventura, but before you left that hotel room, what if anything did she or Mr. Combs give you?
DANIEL PHILLIP: Cassie gave me more money. I think it was a couple thousand dollars more.
MS. COMEY: Before you left the hotel room after that first encounter, what do you remember Mr. Combs saying to you?
DANIEL PHILLIP: He said that he had some issues with my boss at the time. And said that --
MR. DONALDSON: Objection.
MS. COMEY: Your Honor, it's an opposing party statement.
THE COURT: Grounds for the objection?
MR. DONALDSON: Hearsay, Judge.
THE COURT: I didn't get that.
MS. COMEY: It's the statement of the defendant --
THE COURT: First of all, I didn't hear you.
MR. DONALDSON: I'm sorry, Judge. Hearsay.
THE COURT: Okay. That's overruled.
BY MS. COMEY:
MS. COMEY: Can you repeat for us what Mr. Combs said?
DANIEL PHILLIP: He said he was having some issues with my boss at the time. I guess he was, my boss, was being a bit aggressive. And he asked me if I would like to see them again, continue seeing them and so --
MS. COMEY: And let me ask you, how did you respond to that?
DANIEL PHILLIP: I said sure. And he told Cassie to take my phone number, and she took my phone number and that was that.
MS. COMEY: After you gave them your phone number, where did you go?
DANIEL PHILLIP: I left the hotel. I was getting ready to go home.
MS. COMEY: And about how long after you left the hotel did you hear from them again?
DANIEL PHILLIP: Few minutes after.
MS. COMEY: What happened?
DANIEL PHILLIP: Cassie asked me if I would mind sending her a picture of my penis.
MS. COMEY: How did she contact you?
DANIEL PHILLIP: Via my cell phone.
MS. COMEY: How did you respond?
DANIEL PHILLIP: I gave her a picture of my penis.
MS. COMEY: What was the next communication you had with her?
DANIEL PHILLIP: She asked me if I could come back upstairs and see her again.
MS. COMEY: How did you respond?
DANIEL PHILLIP: I went back upstairs to see her again.
MS. COMEY: So where did you go back to?
DANIEL PHILLIP: The same hotel room that we were in.
MS. COMEY: And who was in the hotel room when you returned to it?
DANIEL PHILLIP: The same two people, Cassie Ventura and Sean Combs.
MS. COMEY: About how long were you in that hotel room this second time?
DANIEL PHILLIP: A few hours.
MS. COMEY: What do you remember happening over those few hours?
DANIEL PHILLIP: The same thing. It was literally the same exact scene basically. I -- we rubbed baby oil on each other. We had sex again for longer this time, and then I was done. I do not recollect whether or not they gave me anything after that, money wise.
MS. COMEY: What was Mr. Combs doing while you were having this sexual encounter with Ms. Ventura?
DANIEL PHILLIP: He was masturbating in the corner.
MS. COMEY: And what, if anything, do you remember him saying during this second sexual encounter?
DANIEL PHILLIP: At what point? While we were --
MS. COMEY: Yes.
DANIEL PHILLIP: I don't know if I remember him saying anything.
MS. COMEY: At the end of that sexual encounter with Ms. Ventura and Mr. Combs, at that point when you left, did you know who Ms. Ventura was?
DANIEL PHILLIP: Yes. You're saying when I left the hotel the second time?
MS. COMEY: Yes.
MS. COMEY: When did you learn who she was?
DANIEL PHILLIP: My boss looked her up and told me who she was.
MS. COMEY: Approximately how many more times did you have sex with Ms. Ventura in front of Mr. Combs for money?
DANIEL PHILLIP: Well, I had sex with Cassie a few times after that.
MS. COMEY: Did you ever meet Ms. Ventura and Mr. Combs in person for any reason other than to have sex with Ms. Ventura in front of Mr. Combs?
MR. DONALDSON: Objection. Form of the question.
THE COURT: You can rephrase the question.
MS. COMEY: Every time you met with Ms. Ventura and Mr. Combs, what was the purpose of the meeting?
DANIEL PHILLIP: To have sex with Cassie.
MS. COMEY: In front of who?
DANIEL PHILLIP: In front of Mr. Combs.
MS. COMEY: Approximately when was the last time you met in person with Ms. Ventura and Mr. Combs?
DANIEL PHILLIP: I'm estimating, but probably the end of 2013, early 2014.
MS. COMEY: In what city did all of these meetings take place?
DANIEL PHILLIP: New York.
MS. COMEY: In what borough?
DANIEL PHILLIP: Manhattan.
MS. COMEY: At what locations do you remember having these encounters with Ms. Ventura and Mr. Combs?
DANIEL PHILLIP: I'm sorry. Can you repeat that?
MS. COMEY: At what locations do you remember meeting --
MS. COMEY: -- with Ms. Ventura and Mr. Combs?
DANIEL PHILLIP: The Gramercy Park Hotel, the Jumeirah Essex House, InterContinental, his personal residence on 56th Street, her personal residence on West End Avenue. And there may be more. I'm not remembering.
MS. COMEY: You said his personal residence. Who were you referring to?
DANIEL PHILLIP: Mr. Combs, Sean Combs.
MS. COMEY: And you said her personal residence, who were you referring to?
DANIEL PHILLIP: Cassie's residence.
MS. COMEY: And where was that?
DANIEL PHILLIP: Cassie lived on West End Avenue. I think number 10 West End Avenue, and then Sean Combs, I believe he lived at 210 West 56th Street at the time.
MS. COMEY: When you met them at hotels, in what kind of rooms did you generally meet them?
DANIEL PHILLIP: In suites. Is that what you're asking me?
MS. COMEY: Yes.
DANIEL PHILLIP: Okay.
MS. COMEY: What if any name did Ms. Ventura tell you to give hotel management if you were asked who you were there to see?
DANIEL PHILLIP: Black.
MS. COMEY: For each of these locations, how did you learn that they wanted to meet you there?
DANIEL PHILLIP: Cassie either called me or texted me.
MS. COMEY: How much notice did you generally receive between when Cassie would contact you and when you were supposed to arrive for a meeting?
DANIEL PHILLIP: It could be anywhere between an hour to a couple of days.
MS. COMEY: Did you yourself reach out affirmatively to Cassie via text?
DANIEL PHILLIP: Yeah.
MS. COMEY: Why was that?
DANIEL PHILLIP: At some point after some things had happened, I always wanted to -- to know that she was good. I used to try to get her to -- to text me to tell me that, you know, she was good. And then when she wouldn't reply, eventually I started sending her, you know, more vulgar text messages to see if I could get her, you know, more interested to see me again so that I could actually see her in person and know that she was good.
MS. COMEY: And when you say you sent her vulgar text messages, what do you mean?
DANIEL PHILLIP: I mean, I can recall sending her at least one message telling her that I wanted to -- you want me to say it?
MS. COMEY: If you wouldn't mind giving an example.
DANIEL PHILLIP: I want to fuck you right now.
MS. COMEY: And are those the kind of vulgar text messages you would send her?
DANIEL PHILLIP: Not often, but once or twice, yeah.
MS. COMEY: To the best of your recollection, did Cassie ever respond to those vulgar text messages?
DANIEL PHILLIP: I don't think so.
MS. COMEY: During your sexual encounters with Cassie and Mr. Combs, generally how were the rooms decorated?
DANIEL PHILLIP: Sometimes sheets or like towels on the couch. The curtains were always shut fully. There was always a table in front of the couch, and there was always candles on that table. And also bottles of baby oil or Astroglide and then there were a few occasions where they would ask me to actually go to the pharmacy and pick those things up. I guess because they didn't have them at their location.
MS. COMEY: Across all of these encounters, how often did you use baby oil?
DANIEL PHILLIP: Every time.
MS. COMEY: Other than that first time at the Gramercy Park Hotel, who directed you to use baby oil?
DANIEL PHILLIP: Well -- are you asking -- okay. I think I understand. So the first time Cassie did. And then I guess we kind of knew what to do after that. But Sean Combs would often tell us, y'all need to rub more baby oil on each other. Your not like -- you don't have enough on.
MS. COMEY: So what types of things do you remember Mr. Combs saying to you and to Ms. Ventura about baby oil during these encounters?
DANIEL PHILLIP: He would just tell us to put more on.
MS. COMEY: Across all of these encounters, after the first one, who if anyone gave directions about how to engage in sexual activity?
DANIEL PHILLIP: Sean Combs did.
MS. COMEY: What are some of the directions you remember Mr. Combs giving to you and Ms. Ventura?
DANIEL PHILLIP: He would tell us things like slow down, you know, y'all stop now, separate from each other, it's getting too much now, it's getting too hot, y'all -- you know, one time he had us try to role play like we had just met at an airport and, yeah, we were not very good at that at all. So I think we skipped past that one really quickly. Yeah. But mainly, it was more like, you know, don't cum yet, don't cum. If you feel like you're going to cum, don't cum yet. Things like that.
MS. COMEY: About how often during these encounters would Mr. Combs tell you to wait to ejaculate?
DANIEL PHILLIP: I mean, it was often. But I think he started really directing us from like the second time on. So the first encounter he didn't really say much to us. But after that, he would tell us what to do after that.
MS. COMEY: So, again, focusing just on the second time forward.
DANIEL PHILLIP: Okay.
MS. COMEY: What directions about when you should ejaculate do you remember Mr. Combs giving you?
DANIEL PHILLIP: I mean, yeah, he would often tell me not to cum, don't cum yet. And if you feel like you're going to cum, stop. But it was more so where he wanted me to ejaculate.
MS. COMEY: And what do you remember about him -- what do you remember him saying about that?
DANIEL PHILLIP: He occasionally wanted me to cum on her stomach or, you know, inside of her. And, you know, yeah.
MS. COMEY: What, if any, directions did Mr. Combs give to you and Ms. Ventura about what sex acts to engage in?
DANIEL PHILLIP: He really would just tell us to like rub each other and like, you know, touch each other, and then he would tell her to, you know, blow me, give me oral sex.
MS. COMEY: Throughout these encounters, what did you observe Mr. Combs doing?
DANIEL PHILLIP: He was always sitting in the corner masturbating. And then occasionally he would tell me to step off and back up because he was going to get some, and then he would start having sex with her. And I would be sitting off in the corner watching. Just...
MS. COMEY: Other than oral sex and intercourse, what other acts, if any, do you remember Mr. Combs asking you to perform on Ms. Ventura?
DANIEL PHILLIP: I don't -- I don't recall anything else.
MS. COMEY: How many times, if any, were you asked to urinate on Ms. Ventura?
MR. DONALDSON: Objection.
THE COURT: The question needs to be rephrased.
BY MS. COMEY:
MS. COMEY: What, if any, bodily fluids other than ejaculate do you remember there being in these rooms?
MR. DONALDSON: Objection.
THE COURT: Just on leading grounds?
MR. DONALDSON: Yes, Judge.
THE COURT: That's overruled.
DANIEL PHILLIP: So Cassie was actually the one that asked me to, to urinate on her. They had just come out of the room and she asked me if I had ever done that before, and I said no. And she told me to do it. And, apparently, I was doing it wrong because they both stopped me and told me that I was supposed to let a little out at a time and not go full like -- take a leak on her. But, yeah, that was just one time that they asked me to do that --
MR. DONALDSON: Objection to the characterization of they asking him to do that. I believe the testimony was that he --
THE COURT: No. I've got -- I've got it. All right. The jury should disregard the last sentence of the witness's last answer. Ms. Comey, you can proceed.
MS. COMEY: What was Mr. Combs doing when you urinated on Ms. Ventura?
DANIEL PHILLIP: He was masturbating.
MS. COMEY: What, if any, conversations do you recall having with Mr. Combs about using protection?
DANIEL PHILLIP: I brought up the fact that I would like to start unless she could provide me with her sexual STD history and make sure that she was good. She agreed. I agreed to do the same. And I ended up bringing her mine, but I never received her's.
MS. COMEY: How often did you use condoms with Ms. Ventura?
DANIEL PHILLIP: By the time we had that conversation, not many.
MS. COMEY: What did Ms. Ventura and Mr. Combs usually do after you ejaculated on her?
DANIEL PHILLIP: They would get up and go inside of wherever the bedroom was inside the hotel room.
MS. COMEY: And, generally, what happened next?
DANIEL PHILLIP: I would be sitting in that room for hours, just sitting there.
MS. COMEY: And then what do you remember happening?
DANIEL PHILLIP: Sometimes they would come out and tell me, okay, you can go. And other times, they would come out and ask me if I'm ready to go again.
MS. COMEY: About how long did each of these encounters with Mr. Combs and Ms. Ventura usually last?
DANIEL PHILLIP: Could be anywhere from an hour to ten hours.
MS. COMEY: And, generally, what happened over those hours?
DANIEL PHILLIP: We would have sex, and then I would be sitting there waiting for hours on the couch just sitting there.
MS. COMEY: How many times, if any, did you pretend to ejaculate but actually didn't?
DANIEL PHILLIP: Once.
MS. COMEY: Can you tell us about that?
DANIEL PHILLIP: I -- I think this was on our second go round. And he told me to make sure that I came inside of her this time, and I went to go do it but I just -- I couldn't do it. I just -- I was in my head or whatever the problem was, but I couldn't ejaculate, and so I just pretended to do it. And I was -- they got up, they went into the room. And then Sean Combs came out of the room and he asked me, he said, yo, are you sure you came. And I said, yeah, I'm positive. And he was like, you sure. And I said yes. And so they went back into the room. And, yeah, that was that. But, yeah, they definitely knew --
MR. DONALDSON: Objection. A. -- I pretended.
THE COURT: The jury should disregard the last sentence in the witness's answer. Ms. Comey.
MS. COMEY: You mentioned that at some point you saw Mr. Combs face, how did that happen?
DANIEL PHILLIP: I was supposed to meet Cassie and Sean Combs down at the -- The Dream Downtown Hotel I believe. And Cassie called me while I was on my way down there. She told me that they were switching hotels and they were heading uptown to the Jumeirah Essex House. And she told me at that hotel I don't need to stop at the front desk and that I can just go straight upstairs. And so she told me to give them maybe 30 minutes or something like that before I came upstairs, and so I did that. I went up in about 30 minutes and I knocked on the door. And this was the first time that Sean Combs opened the door as himself. You know, dressed in a suit and peacoat and no mask, no hat, no anything on. Just it was him.
MS. COMEY: So what was covering his face when he opened the door?
DANIEL PHILLIP: Nothing.
MS. COMEY: How did your interactions with Mr. Combs change after you saw his face?
DANIEL PHILLIP: He didn't feel obviously --
MR. DONALDSON: Objection. A. I guess --
MS. COMEY: Without commenting on how Mr. Combs felt.
DANIEL PHILLIP: Yeah.
MS. COMEY: Or what he thought, based on your own observations, how did your interactions change?
DANIEL PHILLIP: He never wore a mask or a hat again.
MS. COMEY: Who, if anyone, recorded your sexual encounters with Ms. Ventura?
MR. DONALDSON: Objection. Leading. If any.
MS. COMEY: Your Honor, it's who, if any.
MR. DONALDSON: I'm sorry. I didn't hear that part. My apologies. Withdrawn.
THE COURT: All right.
MS. COMEY: Who, if anyone, recorded any -- recorded your encounters with Ms. Ventura?
DANIEL PHILLIP: Sean Combs.
MS. COMEY: About how many times do you remember Mr. Combs recording you and Ms. Ventura during these sexual encounters?
DANIEL PHILLIP: Again, I would be estimating, but once or twice.
MS. COMEY: And what do you remember Mr. Combs using to record those encounters?
DANIEL PHILLIP: I do believe a cell phone and a camcorder device.
MS. COMEY: What, if any, form of identification do you remember Mr. Combs asking you for?
DANIEL PHILLIP: He asked me for my ID, my driver's license.
MS. COMEY: What do you remember about that?
DANIEL PHILLIP: He took my driver's license and took a picture of it. And then said to me it's just for, you know, insurance, just in case.
MS. COMEY: What did you understand him to be telling you?
DANIEL PHILLIP: That if I spoke about this to anybody, that he'd prob --
MR. DONALDSON: Objection. A. I don't know.
MR. DONALDSON: Objection. Objection. A. I felt --
THE COURT: Hold on.
MR. DONALDSON: Objection.
THE COURT: Grounds?
MR. DONALDSON: He's about to speculate as to what Mr. Combs intended by asking for a --
THE COURT: All right.
MS. COMEY: Your Honor, he's explaining the context --
THE COURT: Hold on. Ms. Comey, why don't you ask a new question that's perhaps more focused.
MS. COMEY: Based on Mr. Combs' demeanor, tone of voice, and behavior during that conversation, what did you understand he was communicating to you?
MR. DONALDSON: Objection.
THE COURT: That's overruled.
DANIEL PHILLIP: I understood it to be that he was threatening me.
MS. COMEY: How many times, if any, did you notice that Ms. Ventura appeared to be under the influence of drugs?
DANIEL PHILLIP: Just once.
MS. COMEY: What do you remember about that?
DANIEL PHILLIP: I came to a hotel room, and Sean Combs opened the door, and I -- when I went inside the hotel room, he closed the door behind me and then said to me that I don't think this is going to happen today. And I looked at the couch, and Cassie looked like, like, to me, she looked like she was completely passed out on the couch. Slumped over, and half on the couch, half off of the couch.
MS. COMEY: What was she wearing?
DANIEL PHILLIP: I think she was wearing lingerie.
MS. COMEY: What, if any, drugs did you use during your sexual encounters with Ms. Ventura and Mr. Combs?
DANIEL PHILLIP: He offered me a Cialis once or twice. And then Molly once.
MS. COMEY: And who offered you the Molly?
DANIEL PHILLIP: Mr. Combs.
MS. COMEY: And when you say Molly, what are you referring to?
DANIEL PHILLIP: I don't do drugs, so MDMHA -- I don't know what, what the term is. But I guess ecstasy.
MS. COMEY: I don't want you to guess, Mr. Phillip. Thank you.
DANIEL PHILLIP: Okay.
MS. COMEY: What do you remember about the time that you were offered Molly by Mr. Combs?
DANIEL PHILLIP: I remember they had -- I really can't tell you who gave me the money, but I had gotten a couple thousand dollars I guess after we were -- we had sex, I took that Molly and then I became a totally different person. I went out into Times Square and I handed out hundred dollar bills to every single person that I saw in front of me.
MS. COMEY: When you say you became a totally different person, how did the Molly make you feel?
DANIEL PHILLIP: It made me feel like a jackass that wanted to go out into the middle of Times Square and hand out $100 bills to every person that he saw.
MS. COMEY: Can you describe the sensation of taking the Molly for us please?
DANIEL PHILLIP: I felt sick, like physically sick, like nauseous. But also felt euphoric at the same time.
MS. COMEY: That time that you took Molly from Mr. Combs, other than Mr. Combs and Ms. Ventura, who else, if anyone, do you remember being at this encounter?
DANIEL PHILLIP: There was one other time that I can remember, it may have been twice, that they invited another guy to come and --
MS. COMEY: Sorry. Let's back up. Can we focus just on the time that he gave you the Molly?
DANIEL PHILLIP: Oh, sure.
MS. COMEY: On just the time he gave you the Molly.
DANIEL PHILLIP: Okay.
MS. COMEY: Who else was present, if anyone?
DANIEL PHILLIP: There was another guy who told me he was an actual escort.
MR. DONALDSON: Objection.
MS. COMEY: It's not offered for the truth, your Honor.
THE COURT: It's overruled.
MS. COMEY: And what did you see that other guy doing?
DANIEL PHILLIP: He was having sex with Cassie.
MS. COMEY: Now, where did this encounter happen?
DANIEL PHILLIP: At Cassie's house.
MS. COMEY: So can you walk us through who all was at Cassie's apartment on this particular occasion?
DANIEL PHILLIP: It was this other guy, myself, Cassie, and Sean Combs.
MS. COMEY: And what did you see this other guy doing?
DANIEL PHILLIP: Having sex with Cassie.
MS. COMEY: And what did you see Mr. Combs doing while this other guy was having sex with Cassie?
DANIEL PHILLIP: She was actually giving him a blow job most of the time.
MS. COMEY: And what do you remember happening during that particular sex act?
DANIEL PHILLIP: The guy kept on looking at Sean in the face, Sean Combs in the face. And Mr. Combs turned to him and basically told him look, motherfucker, you better stop looking at me in my face, and the guy got like real scared, and he's like I'm not looking at you. And he's like you better not be fucking looking at me. And Cassie jumped off of the couch and like ran to the opposite side of the room. And the guy was just like saying profusely I'm not looking at you, I swear I'm not looking at you.
MR. DONALDSON: Objection, Judge.
THE COURT: All right. Let's get a fresh question.
MS. COMEY: After Cassie ran away, what do you remember happening next?
DANIEL PHILLIP: The guy told Mr. Combs I'm not looking at you. Mr. Combs said, okay, all right, let's, let's -- we here to have fun, not do anything else. And then he told Cassie to come back to the couch. And Cassie asked if they were absolutely positive that they're good now because she was -- she seemed like she was scared to go back to the couch.
MS. COMEY: What did this other man look like?
DANIEL PHILLIP: Black guy, kind of skinny.
MS. COMEY: And what, if any, contact did you have with him outside of that night?
DANIEL PHILLIP: We, at some point, and I do not recollect how this happened, but we at some point exchanged phone numbers.
MS. COMEY: And about how many times did you see each other in person outside of that night?
DANIEL PHILLIP: We never saw each other out, in person out -- you mean like met up with each other?
MS. COMEY: Yes.
DANIEL PHILLIP: No, we had never done that.
MS. COMEY: Did you speak over the phone occasionally?
MR. DONALDSON: Objection.
THE COURT: Overruled.
DANIEL PHILLIP: We may have shared a couple of text messages.
MS. COMEY: Do you remember his name?
MS. COMEY: Have you spoken to him in the last ten years?
MS. COMEY: After Mr. Combs gave you the Molly, what else did he give you that night?
DANIEL PHILLIP: If it was him, cash, a couple thousand dollars.
MS. COMEY: Well, let me ask you this: Do you remember whether -- do you remember who gave you cash that night?
DANIEL PHILLIP: I don't.
MS. COMEY: Okay. But do you remember getting cash that night?
DANIEL PHILLIP: I do.
MS. COMEY: And then what did you do after getting the cash and taking the Molly?
DANIEL PHILLIP: Like I said, I went into the middle of Times Square and I handed out every single dollar they gave me.
MS. COMEY: Were there ever times when you arrived for one of these encounters with Ms. Ventura and Mr. Combs and it appeared that you were not the first person who had been there?
DANIEL PHILLIP: Yes.
MS. COMEY: Can you tell us about that?
DANIEL PHILLIP: Just times that I would come to the hotel room and there would be like towels on the floor that looked used, and bottles of baby oil that were almost finished, and Astroglide that was halfway used. And it just looked like, you know, like someone had been there before already.
MS. COMEY: After that time that you took the Molly and gave the cash away in Times Square, did you see Ms. Ventura or Mr. Combs in person again?
DANIEL PHILLIP: Not to my knowledge, no.
MS. COMEY: And why not?
DANIEL PHILLIP: Because I, after a certain point, was no longer able to get hard when I was interacting with them.
MS. COMEY: What were you paid for your sexual encounters with Ms. Ventura in front of Mr. Combs?
DANIEL PHILLIP: What was I paid?
MS. COMEY: Yes.
DANIEL PHILLIP: In totality?
MS. COMEY: Each time.
DANIEL PHILLIP: Oh. It could be anywhere from 700 bucks to six -- five, $6,000.
MS. COMEY: And who do you remember handing you the cash?
DANIEL PHILLIP: It was always Cassie. And I say that saying that I do not remember who handed me the money the last time.
MS. COMEY: What, if any, comments do you remember Mr. Combs making to you about money?
DANIEL PHILLIP: I remember he came out of the room once and asked me and the gentleman if we had gotten our bread.
MS. COMEY: Now, stepping back, when you first arrived at the Gramercy Park Hotel for that first encounter, did you expect to be paid for sex?
MS. COMEY: Had you ever been paid for sex before that night?
MS. COMEY: Have you ever been paid for sex since you last saw Ms. Ventura and Mr. Combs?
MS. COMEY: When you were able to sexually perform with Ms. Ventura in front of Mr. Combs, what were you paid?
DANIEL PHILLIP: Again, it could have ranged -- oh, you're saying when I couldn't?
MS. COMEY: When you could. When you could.
DANIEL PHILLIP: Okay. It could range anywhere from $700 to thousands of dollars.
MS. COMEY: And when you could not sexually perform with Ms. Ventura in front of Mr. Combs, what were you paid?
DANIEL PHILLIP: Nothing. Sometimes nothing.
MS. COMEY: If there were times when you were not paid, why did you go back to more meetings with Ms. Ventura and Mr. Combs?
DANIEL PHILLIP: Well, I, for one, was not someone that was getting paid for sex. In my head, I was just excited that I was in this world and, you know, happy to, to be involved with people with such notoriety. I didn't care if I got paid one way or another. I never asked them for a single dollar. They gave that to me every time that I went to see them. So for me, it was just, you know, this is just something that they do. They have that kind of money. They want to share it with me. I'm fine with that.
MS. COMEY: What sexual performance issues did you experience when meeting with Ms. Ventura and Mr. Combs?
DANIEL PHILLIP: I could not get hard. You want the medical term for that? Erectile dysfunction.
MS. COMEY: When was the first time you experienced that sexual performance issue?
DANIEL PHILLIP: After the first time that I saw him hit her.
MS. COMEY: Where were you when you first saw him hit her?
DANIEL PHILLIP: At Cassie's house.
MS. COMEY: And when you say you saw him hit her, who did you see hit whom?
DANIEL PHILLIP: Sean Combs hit Cassie.
MS. COMEY: Right before the violence started, where were you in Cassie's apartment?
DANIEL PHILLIP: I was sitting on her couch, which was directly behind her.
MS. COMEY: And where was Cassie?
DANIEL PHILLIP: She was sitting at her computer, which was facing a wall directly in front of me.
MS. COMEY: Where was Mr. Combs?
DANIEL PHILLIP: He was in her bedroom, Cassie's bedroom.
MS. COMEY: And what had happened just before this violence?
DANIEL PHILLIP: I had sex with her, with Cassie.
MS. COMEY: What do you remember happening?
DANIEL PHILLIP: From the time that I had sex with her?
MS. COMEY: Yes.
DANIEL PHILLIP: Okay. Well, I had sex with her. We finished doing what we were doing. And then they both went into their -- into the bedroom. She eventually came out and she got on her computer and he was -- Mr. Combs was in her bedroom. Cassie was on her computer, and I heard him yell out, babe, come here.
MS. COMEY: Let me pause you right there.
DANIEL PHILLIP: Sure.
MS. COMEY: You said you heard him yell out; who did you hear yell out?
DANIEL PHILLIP: I heard Mr. Combs yell out to Cassie, babe, come here.
MS. COMEY: How did Cassie respond when Mr. Combs said, babe, come here?
DANIEL PHILLIP: Cassie was on her computer and she said, hold on one second, I have my personal information out on my computer right now.
MS. COMEY: What happened right after Cassie said, hold on one second?
DANIEL PHILLIP: He, Mr. Combs, came out of the room, and I just saw a bottle fly past her and hit the wall.
MS. COMEY: What kind of bottle?
DANIEL PHILLIP: It looked like a liquor bottle. And then he, Mr. Combs, walked over to her, to Cassie. He grabbed her by her hair, and started dragging her by her hair into her bedroom. And --
MS. COMEY: Let me ask you, as Mr. Combs was dragging Cassie by her hair to her bedroom, what did you hear Mr. Combs saying?
DANIEL PHILLIP: He wasn't saying anything while he was dragging her. She was yelling.
MS. COMEY: What was she saying?
DANIEL PHILLIP: She was screaming. And he, Mr. Combs, pulled her into the bedroom, and I could hear him -- what I could hear what sound like him slapping her.
MS. COMEY: What else could you hear from the bedroom?
DANIEL PHILLIP: She was screaming.
MS. COMEY: What did you hear her saying?
DANIEL PHILLIP: I'm sorry, I'm sorry. And then he, Mr. Combs, was basically saying, bitch, when I tell you to come here, you come now, not later.
MS. COMEY: How did Ms. Ventura compare in physical size to Mr. Combs?
DANIEL PHILLIP: She's tiny compared to him.
MS. COMEY: I'm sorry, I didn't hear you.
DANIEL PHILLIP: I said she's tiny compared to him.
MS. COMEY: How did you react to this violence?
DANIEL PHILLIP: I was shocked. I -- came out of nowhere. I was terrified. I didn't know what the -- what to do. I didn't know what to do.
MS. COMEY: Did you intervene?
MS. COMEY: Why not?
DANIEL PHILLIP: Because I knew that the chances that there were four or five big bodyguards in another room --
MR. DONALDSON: Objection.
THE COURT: Sustained.
MS. COMEY: Without speculating about what might have been going on outside of what you could see and what you could hear, can you explain to the jury why you didn't intervene when you heard Cassie crying and what sounded like smacks?
DANIEL PHILLIP: I didn't know what to do. I was shocked. I, in my mind, it was going through my head that if I tried to do something, I might lose my life.
MR. DONALDSON: Objection.
MS. COMEY: Your Honor, I'm happy to explain why I think that's perfectly admissible.
THE COURT: It's overruled.
MS. COMEY: And why didn't you call the police and report what you saw?
DANIEL PHILLIP: Because I --
MS. COMEY: Again, without speculating.
DANIEL PHILLIP: I'm not. I'm not speculating. I'm just telling you what was in my mind, and my -- what I was feeling at the time. My thoughts were that this was someone with an unlimited power.
MR. DONALDSON: Objection.
THE COURT: That's overruled. A. My thoughts was that this was someone with unlimited power, and chances are that even if I did go to the police, that I might still end up losing my life.
MR. DONALDSON: Objection. Move to strike.
MS. COMEY: Your Honor, it's the same basis of admissibility as the prior explanation of his state of mind.
THE COURT: Denied. Motion is denied.
MS. COMEY: What happened after the beating stopped?
DANIEL PHILLIP: They -- Sean Combs and Cassie, came out of the room. She was -- Cassie was visibly like very upset, did not look like she wanted to continue doing anything. But Mr. Combs asked, are y'all ready to continue now. And I was -- I couldn't do anything after that.
MS. COMEY: What did you try to do?
DANIEL PHILLIP: I don't know. I -- I may have tried to act like everything was okay. I mean, I don't know. I don't really recall.
MS. COMEY: How do you remember that interaction ending?
DANIEL PHILLIP: I remember leaving. I do not remember them handing me money. And I probably wouldn't have taken that anyway.
MR. DONALDSON: Objection.
MS. COMEY: Why did you return to meet --
THE COURT: Hold on. Hold on. The jury should disregard the last sentence of the witness's answer. Ms. Comey, you may continue.
MS. COMEY: Why did you return to meet with Ms. Ventura and Mr. Combs again after you witnessed that violence?
DANIEL PHILLIP: I -- I've had conversations in between our interactions with Cassie. And I felt like I had started developing at least some kind of a friendship with her. I may have been speculating. But, you know, I -- it was my way of being able to check on her and know that she was okay, because she had asked me not to --
MR. DONALDSON: Objection.
THE COURT: Well, let's stop right there. And, Ms. Comey, you can ask your next question.
MS. COMEY: Let me ask you this: How many other times did you hear Mr. Combs yell at Ms. Ventura?
DANIEL PHILLIP: Once after that.
MS. COMEY: Where was this?
DANIEL PHILLIP: At the Jumeirah Essex House Hotel.
MS. COMEY: Would you please describe the layout of the hotel room you were in?
DANIEL PHILLIP: There's a door, the front door. When you walk into the front door, there's a bedroom right in front of that door. If you turn left, there's a hall, a foyer, that goes down into a living room, common area. Bathroom where the foyer is on the left-hand side.
MS. COMEY: What do you remember happening right before you heard Mr. Combs yell?
DANIEL PHILLIP: I think we had sex during this encounter.
MR. DONALDSON: Objection. That -- well, nevermind. Withdrawn.
MS. COMEY: And then after you had sex, what do you remember?
DANIEL PHILLIP: Sean Combs and Cassie were in the bedroom for a while, and --
MS. COMEY: And where were you when they were in the bedroom?
DANIEL PHILLIP: I was in the living room.
MS. COMEY: And what did you hear coming from the bedroom?
DANIEL PHILLIP: Out of nowhere, I could hear Cassie yelling, I'm sorry, I'm sorry. And then I could hear again what sounded like she was being slapped or someone was being slapped around and slammed around the room. And I looked around the corner to the -- where the foyer was, and I saw Mr. Combs walk out of the hotel all together without clothes on. He might have had a towel on. And then Cassie came running into the living room and she literally jumped into my lap and she was shaking, like, like literally, like her whole entire body was shaking, like she was terrified.
MS. COMEY: Do you remember what she was wearing?
DANIEL PHILLIP: I don't, no.
MS. COMEY: Do you remember what she said to you when she jumped into your lap?
DANIEL PHILLIP: I remember what I said to her.
MS. COMEY: Well, first, let me ask: Do you remember what she said to you or no?
DANIEL PHILLIP: At what point?
MS. COMEY: When she jumped into your lap.
DANIEL PHILLIP: I don't know if she said anything to me when she jumped into my lap. I don't remember.
MS. COMEY: What did you say to her?
DANIEL PHILLIP: I asked her why is she doing this, why is she staying with this guy if he's --
MR. DONALDSON: Objection.
MS. COMEY: Your Honor, it's not offered for the truth. It's a question.
THE COURT: What's the ground of the objection?
MR. DONALDSON: Hearsay.
THE COURT: Overruled.
MS. COMEY: Can you tell us again what you said to Cassie?
DANIEL PHILLIP: I asked her why she was staying with this guy if he is hitting her and beating her like this, and I tried to explain to her that she was in real danger if she stayed with him, and she basically tried to convince me that it was okay, it's okay. I'm fine, I'll be okay. And I just kept trying to tell her that you're not okay and you need to get help and --
MS. COMEY: What do you remember happening next?
DANIEL PHILLIP: She and I were alone. This was the first time we were alone. And Cassie was not somebody that likes to kiss --
MR. DONALDSON: Objection.
THE COURT: Overruled. A. During our interactions, Cassie was not a kisser. But in this instance, she just started making out with me. And we ended up getting into, you know, into it. But the fact that I was alone with her this time, I had no problem getting hard. And right when we were actually about to start having sex, I realized that Mr. Combs had reentered the room and he was sort of sneaking around the corner watching us. And once he realized that we could see him, he came into the room and basically was saying that, yeah, that he liked that, he liked that we were getting along in that way.
MS. COMEY: And what do you remember happening next?
DANIEL PHILLIP: I think the second that he came back into the room, I was done again. I couldn't -- I couldn't continue.
MS. COMEY: Why didn't you go to the police after this incident?
DANIEL PHILLIP: I told you, again, I was concerned for my life. By this point, he had taken my ID and taken a picture of it, and I felt threatened by what he said to me. And I felt that at the very least, I could try to get her to realize that she needed to leave, and maybe try to help her that way. But I felt like maybe the police he has -- Sean Combs might have someone within the police department --
MR. DONALDSON: Objection. Objection. Objection.
THE COURT: That's sustained.
MS. COMEY: Just as to the last sentence, your Honor?
MR. DONALDSON: Move to strike all --
THE COURT: Well, the objection wasn't articulated, but I'm sustaining the objection and instructing the jury not to consider the last portion of the witness's answer.
MS. COMEY: Why didn't you go into the bedroom to intervene when you heard Cassie crying and saying I'm sorry and what sounded like a beating?
DANIEL PHILLIP: Well, I had no idea if I would have been met with a gun or --
MR. DONALDSON: Objection.
MS. COMEY: Without speculating about what might have happened, can you just generally explain why you didn't go into that bedroom?
DANIEL PHILLIP: Because my life was at risk if --
MR. DONALDSON: Objection. A. -- I did so.
MR. DONALDSON: Objection.
THE COURT: That's overruled.
MS. COMEY: One moment, your Honor. No further questions.
THE COURT: All right.
MR. DONALDSON: Can we take a two-minute break, Judge, please.
THE COURT: Yes, I was going to suggest that. Can you give us, before we take our break, can you give us just a general how much time do you anticipate your cross-examination taking? And I'm not holding you to anything, I'm just trying to get a sense of the clock.
MR. DONALDSON: We will go until the end of the day.
THE COURT: Okay. All right.
MR. DONALDSON: At a minimum.
THE COURT: Good. Okay. So we're going to take a ten-minute recess just so everyone can stretch their legs. And we will be back at 4:20. All rise for the jury.
(Continued on next page)
(Jury not present)
THE COURT: Please be seated. Mr. Phillip, you understand that you are still under oath, and so we're going to take a ten-minute break, but you're not to have any discussions whatsoever of any kind with anyone on the government side or anyone who's in the back, no one. You can stare at some of the artwork in the hall --
MS. COMEY: Your Honor, may I just clarify. May the agents escort him to the room where he's going to be without having any conversations.
THE COURT: That's fine. You had an inquiry?
DANIEL PHILLIP: I was going to ask for a restroom break.
THE COURT: Yeah. And there's a restroom you can be directed to. But other than that, please do not speak with anyone. All right. We will be back at 4:20.
MS. COMEY: Thank you, your Honor.
(Recess)
(Continued on next page)
THE COURT: All right. We're back.
MS. COMEY: Your Honor, I apologize for the delay. The witness had to go to a different floor to go to the restroom, and so we're waiting, we're waiting for him to come back.
THE COURT: That's OK.
MS. COMEY: I did not go to avoid having the appearance of me having any communications with him.
THE COURT: It's OK. I assume it will be just a couple of minutes?
MS. COMEY: I'm sorry, your Honor?
THE COURT: I assume it will be just a couple of minutes?
MS. COMEY: Sounds like he's back.
THE COURT: All right.
MS. COMEY: So we'll ask him to come back to the stand.
THE COURT: Mr. Courtroom deputy, let's get our jury back.
COURT CLERK: Yes, your Honor.
(Jury present)
THE COURT: All right. Please be seated. Welcome back, members of the jury. I hate to do this to you, since you just came back, but can I have the lawyers and the court reporter for a sidebar.
(At the sidebar)
THE COURT: All right. When I thought that the witness had asked for water, he had actually asked if he could have a word with his attorney.
THE COURT: To which I said no. I felt it was prudent to let everyone know that he had made that request and that I had said no to see if there was any reaction from the parties or anything to do at this time.
MS. COMEY: Your Honor, generally when a witness for the defense or government asks to speak with the attorney, I think it's prudent to give them an opportunity to, though I don't want to waste time. The attorney is in the courtroom. Can I go confer with her briefly?
THE COURT: You may.
MS. COMEY: Thank you. I don't know if the defense has a position.
MR. DONALDSON: I don't, but I agree. Generally, in my experience, when a witness does ask to speak to their attorney, we oblige them to let them do that just in case something is about to come up we don't know about. We don't object to that at all.
THE COURT: That's why I called the sidebar. Let's consult with the attorney and do it right now.
MS. COMEY: I'm happy to do it right now.
THE COURT: We'll wait.
MS. COMEY: Thank you, your Honor.
(Counsel confer)
MS. COMEY: Thank you, your Honor. So the witness's attorney said that she had the opportunity to confer with the witness briefly during break and that nothing came up that concerned her, so she was would not request an opportunity to speak with the witness right now. So, given the attorney's views, I'm happy to proceed. If the witness expresses concerns again, then perhaps we can take a break.
THE COURT: All right. Is that any different view from the defense?
THE COURT: Let's proceed.
MS. COMEY: Thank you, your Honor.
THE COURT: Thank you.
(Continued on next page (In open court)
THE COURT: Mr. Phillip, you understand you're still under oath?
DANIEL PHILLIP: Yes.
THE COURT: Mr. Donaldson, you may proceed.
MR. DONALDSON: Thank you.
CROSS-EXAMINATION BY MR. DONALDSON:
MR. DONALDSON: Good afternoon.
DANIEL PHILLIP: Good afternoon.
MR. DONALDSON: I'm going to ask you to speak up into that microphone so that the last person in this jury can hear you, if that's OK.
DANIEL PHILLIP: That's fine.
MR. DONALDSON: Thank you. I'm going to ask you a few questions. If you don't understand a question, just let me know, and I'll rephrase the question.
DANIEL PHILLIP: No problem.
MR. DONALDSON: Very good.
MR. DONALDSON: All right. Putting up Government Exhibit B3-24 just for the parties.
MR. DONALDSON: Mr. Phillip, I'm showing you what's been marked previously marked as Government Exhibit B-324. Do you see that?
DANIEL PHILLIP: Yes.
MR. DONALDSON: Is that a text message chain between you and Cassie?
DANIEL PHILLIP: Yes.
MR. DONALDSON: And does it relate to the time period that you have been testifying about?
DANIEL PHILLIP: Yes.
MR. DONALDSON: That would be fair to say it's pretty accurate about the text messages you had between yourself and Cassie Ventura?
DANIEL PHILLIP: Yes.
MR. DONALDSON: I could move this into evidence as Government Exhibit B-324, or we can make it a defense exhibit.
MS. COMEY: No objection to making it a government exhibit, your Honor. We were planning to offer this at a later time.
THE COURT: All right. The exhibit will be admitted.
MR. DONALDSON: Thank you.
(Government's Exhibit B-324 received in evidence)
MR. DONALDSON: You can take that down for me. Thank you.
BY MR. DONALDSON:
MR. DONALDSON: Mr. Phillip, I want to ask you a few questions. I want to start off with, you mentioned that you were working for a service back in 2011, 2012, 2013. Do you recall that?
DANIEL PHILLIP: I was working for a male review show. I don't know if I was there 2011.
MR. DONALDSON: When did you get there?
DANIEL PHILLIP: I would be estimating, but somewhere between 2011 and 2012.
MR. DONALDSON: Right. Let's estimate 2011. So you were working for this exotic male service between -- well, around 2011. When did you stop?
DANIEL PHILLIP: I would be estimating, but probably somewhere between 2014 or 2015.
MR. DONALDSON: And this male service that you were working for, you were a manager or a supervisor, is that correct?
DANIEL PHILLIP: That is correct.
MR. DONALDSON: And this male service was a business for male strippers for women, is that correct?
DANIEL PHILLIP: That is correct.
MR. DONALDSON: And this male service allowed or could hire strippers to go out to locations or to a show to perform for primarily women, is that correct?
DANIEL PHILLIP: That is correct.
MR. DONALDSON: And this male service specifically did not involve prostitution, correct?
DANIEL PHILLIP: That is correct.
MR. DONALDSON: In fact, this male service specifically prohibited prostitution, correct?
DANIEL PHILLIP: That is correct.
MR. DONALDSON: And as a supervisor you were aware of that, correct?
DANIEL PHILLIP: That is correct.
MR. DONALDSON: And also, the supervisor, I believe you helped to make the company run smoothly, is that correct?
DANIEL PHILLIP: That is correct.
MR. DONALDSON: And you helped develop this company, is that right? You help --
DANIEL PHILLIP: That is correct.
MR. DONALDSON: OK. Sorry. Let me repeat that. You did help develop the company, correct?
DANIEL PHILLIP: That is correct.
MR. DONALDSON: Around 2011, 2012, the company was really just getting started, correct?
DANIEL PHILLIP: That is not correct.
MR. DONALDSON: But it was your job as supervisor to help develop it and get it more popular?
DANIEL PHILLIP: Yes and no.
MR. DONALDSON: Well, yes. Now --
MS. COMEY: Objection, your Honor.
THE COURT: Yes. We don't need -- The jury should disregard counsel's last statement and there should be no statements, there should just be questions.
BY MR. DONALDSON:
MR. DONALDSON: Was your job to help secure and build up the male review for the show?
DANIEL PHILLIP: Yes.
MR. DONALDSON: And in doing so, your job was to help the company develop its business model, correct?
DANIEL PHILLIP: Yes.
MR. DONALDSON: And advertising helped the company grow as well, correct?
DANIEL PHILLIP: Yes.
MR. DONALDSON: You were aware, or are you aware, this service you worked for back in 2011, 2012, 2013, used fake businesses to help the business grow, correct?
DANIEL PHILLIP: I am not aware of that.
MR. DONALDSON: Can I have one second, please, your Honor?
(Pause)
MR. DONALDSON: Are you aware that the company helped open fake businesses to optimize searches?
DANIEL PHILLIP: I am not aware of that. You're asking that question not in the right way. If you would like me to specify, I will.
MR. DONALDSON: Did the company that you worked for open fake businesses to optimize searches?
DANIEL PHILLIP: I don't know if they were actual fake businesses, but they used fake addresses to optimize the searches.
MR. DONALDSON: And when you say the company used fake addresses to optimize searches, you were aware of that, correct?
DANIEL PHILLIP: Yes.
MR. DONALDSON: And you participated in that?
MR. DONALDSON: When you became aware that the business that you were helping to develop was optimizing or using fake addresses to make the business grow, you resigned, correct?
MR. DONALDSON: You continued working for the business?
DANIEL PHILLIP: Yes.
MR. DONALDSON: So you worked for a business that you knew was using fake addresses to help it grow?
DANIEL PHILLIP: Yes.
MR. DONALDSON: And you did that knowing that was, I don't know, fraudulent?
DANIEL PHILLIP: I did not know that that was fraudulent. I just knew that my boss told me how he works with the search engine optimization and that he uses fake addresses to build with that. I had no idea what that meant. That wasn't my part of the business.
MR. DONALDSON: And while you were a supervisor, you were aware that this service provided the ultimate ladies night experience, is that correct?
DANIEL PHILLIP: That was their slogan.
MR. DONALDSON: Right. That was your business, your service that you worked for, their slogan was to provide an ultimate ladies night experience, correct?
DANIEL PHILLIP: Yes.
MR. DONALDSON: And your business that you worked for also prohibited prostitution, correct?
DANIEL PHILLIP: Yes.
MR. DONALDSON: Then when you met with Cassie Ventura on that first day, you were not going for prostitution, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: You were going to optimize the ladies experience, correct?
DANIEL PHILLIP: I have no idea what that means.
MR. DONALDSON: You have no idea what the company slogan that you worked for means?
DANIEL PHILLIP: In regards to me going there to optimize the ladies experience? I don't know what you're referring to. Can you be specific with your question?
MR. DONALDSON: Yes. The company slogan was to provide the ultimate ladies night experience, correct?
DANIEL PHILLIP: That was the company's slogan, yes.
MR. DONALDSON: You worked for the company, correct?
DANIEL PHILLIP: Correct. Yes, I did.
MR. DONALDSON: The company sent you to a lady that night, correct?
DANIEL PHILLIP: Yes, they did.
MR. DONALDSON: So you were going there to do the ultimate ladies night experience, correct?
DANIEL PHILLIP: I certainly was going there to give a great experience, yes.
MR. DONALDSON: For a ladies night, for a lady, correct?
DANIEL PHILLIP: For a bachelorette party, is what I thought it was, correct.
MR. DONALDSON: One second, Judge.
MR. DONALDSON: I believe you testified earlier that Cassie told you, when you arrived at the hotel, to ask for -- to say the name Black, is that correct?
DANIEL PHILLIP: Yes.
MR. DONALDSON: And that's what Cassie told you, correct?
DANIEL PHILLIP: Yes.
MR. DONALDSON: Now, you testified on direct that I believe you said that, well -- bless you -- for this first time meeting with Cassie, you got a call from your boss, is that correct?
DANIEL PHILLIP: I don't know if I got a call from him or if I called him, but we did have a conversation after that, yes.
MR. DONALDSON: And you said on direct that the boss told you that somebody wanted to use a black male stripper, correct?
DANIEL PHILLIP: That was what my boss told me upon going down to the hotel.
MR. DONALDSON: OK. Your boss told you that someone called the service wanting a black male stripper, correct; yes or no?
DANIEL PHILLIP: Yes, that is correct.
MR. DONALDSON: And the boss told you that, according to you, that there was no other black male strippers available, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And so he called you because you're a black male, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: But you're not a stripper, correct?
DANIEL PHILLIP: I'm not.
MR. DONALDSON: You were not a stripper at this time, correct?
MR. DONALDSON: You were not a dancer at that time, were you?
DANIEL PHILLIP: I occasionally would do it when we needed help.
MR. DONALDSON: So, and you said your boss told you to go to Gramercy Hotel?
DANIEL PHILLIP: Correct.
MR. DONALDSON: Sir, isn't it actually a fact that Cassie Ventura called you on that first incident and told you to come to the Gramercy Hotel?
DANIEL PHILLIP: That is incorrect.
MR. DONALDSON: Isn't it a fact that Cassie told you to come to the Gramercy Hotel and ask for a person named Black?
DANIEL PHILLIP: Later on. But not to the Gramercy Park Hotel, no.
MR. DONALDSON: Isn't it true that Cassie called you on the phone and told you that I'm celebrating something for my birthday and my husband wants to give me something special, isn't that correct?
DANIEL PHILLIP: That is not correct. Would you like me --
MR. DONALDSON: No, I don't.
MR. DONALDSON: Sir, could you put up 3501, 3570-01, for the parties only. Could you go to page two, please.
MR. DONALDSON: Mr. Phillip, isn't it true that you spoke to law enforcement officers --
MS. COMEY: Your Honor, this shouldn't be up on the screen, I believe, while Mr. Donaldson is asking these questions.
MR. DONALDSON: Take it off. Take it off first.
MR. DONALDSON: Is it true that you spoke to a law enforcement officer on December 18, 2023, about this matter?
DANIEL PHILLIP: I don't know if that was the day, but I did speak with law enforcement agents about this matter, yes.
MR. DONALDSON: In December 2023, correct?
DANIEL PHILLIP: I don't recall if that was the day.
MR. DONALDSON: And, but not the exact day, but did you speak to them in December of 2023, how about that?
DANIEL PHILLIP: I believe so, yes.
MR. DONALDSON: And when you spoke to them on December 2023, they asked you questions about this incident, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: They asked you questions about your relationship with Cassie Ventura, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And they asked you about you meeting with her, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And they asked you about you meeting with her on the first occasion, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And you gave them answers to those questions, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: They asked you questions about how you met with her, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And the details about how you met with her, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And isn't it true on December 2023, when you met with these officers, you told them that you spoke on the phone with the client, a woman, and was told to report to the Gramercy Park Hotel at three o'clock in the morning, and tell the front desk you're there to see somebody named Mr. Black? Did you not tell them back in December 2023?
DANIEL PHILLIP: They may have written the notes that way, but that is not what I told them, because that's not how that happened, no.
MR. DONALDSON: You're saying the agents that you spoke to may have written the notes -- strike that.
MR. DONALDSON: Could we put this up the screen now?
MS. COMEY: Just for the parties.
MR. DONALDSON: Just for the parties. Just for the parties.
MS. COMEY: All right.
BY MR. DONALDSON:
MR. DONALDSON: Mr. Phillip, I'm showing you a document from December 18, 2023. There is a part highlighted at the top.
DANIEL PHILLIP: Um-hmm.
MR. DONALDSON: Now, on this particular day, is it not true that you spoke to the officers, the agents, and told them that you spoke on the phone to the client, a woman, and was told to report to the Gramercy Park Hotel at three o'clock in the morning and tell the front desk he was there to see Mr. Black?
DANIEL PHILLIP: Correct.
MR. DONALDSON: So you did speak to a woman, she told you that, correct?
DANIEL PHILLIP: I did not speak with Cassie, no. Not that day. Not before I went to the hotel the first time, so that may have been misunderstood.
MR. DONALDSON: Now, when you got to the hotel room, when you got to the hotel, I believe you said according to you on your direct, you arrived at the front door and I believe you knocked on the door, is that fair to say?
DANIEL PHILLIP: Correct.
MR. DONALDSON: When you knocked on the door, someone answered the door, is that fair to say?
DANIEL PHILLIP: Correct.
MR. DONALDSON: This person that answered the door was a beautiful woman, would that be fair to say?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And you recall that in your mind there was a beautiful woman opening the door, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And she was wearing a wig at that point, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And at that point, prior to you -- well, strike that. You hadn't talked to her about money, correct? You didn't talk to her about how much you would get paid for coming there, correct?
DANIEL PHILLIP: She brought it up to me.
MR. DONALDSON: So when you knocked on her door, Cassie brought up to you something about money, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And that is before you had sex?
DANIEL PHILLIP: Correct.
MR. DONALDSON: So then, at that point, Cassie gave you money, correct?
DANIEL PHILLIP: Yes, correct. Correct.
MR. DONALDSON: So, as soon as you knocked on the door, she opened the door, you had a conversation about what?
DANIEL PHILLIP: You're asking me?
MR. DONALDSON: Yes. When you opened --
DANIEL PHILLIP: Sure.
MR. DONALDSON: You knocked on the door, right?
DANIEL PHILLIP: Sure.
MR. DONALDSON: Is that right?
DANIEL PHILLIP: That's correct.
MR. DONALDSON: She opened the door, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: You saw a beautiful woman there, correct?
DANIEL PHILLIP: She, as in Cassie, right?
MR. DONALDSON: Yes.
DANIEL PHILLIP: Yes, correct.
MR. DONALDSON: And then, now, let's get the image right. You were in the hallway, correct?
DANIEL PHILLIP: Yes, correct.
MR. DONALDSON: She's in the door, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And at that moment, she hands you money?
DANIEL PHILLIP: She invites me into the hotel room. I go into the room, she closes the door behind me. And then she says to me, your boss told me that I have to give you $200 upon your arrival here. And I said, correct. And then she handed me about $4,000 or somewhere around that in that ballpark.
MR. DONALDSON: 4,000?
DANIEL PHILLIP: Roughly.
MR. DONALDSON: And this is before any oil rubbing, correct?
DANIEL PHILLIP: Yes, correct.
MR. DONALDSON: Before any hugging, is that correct?
DANIEL PHILLIP: That is correct.
MR. DONALDSON: Before any kissing, is that correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: This is before an agreement about what you're going to do, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: So before you had an agreement about sex and an agreement about rubbing oil, agreement about my husband being pleasured, Cassie Ventura just handed you $4,000 in cash?
DANIEL PHILLIP: First off, we never had an agreement about sex.
MR. DONALDSON: We'll get to that. Before you have any agreements about anything, Cassie Ventura hands you $4,000?
DANIEL PHILLIP: That is correct.
MR. DONALDSON: Now, she was standing in, I believe you said, lingerie?
DANIEL PHILLIP: Correct.
MR. DONALDSON: She had on heels, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: She was just lingerie, heels, and wig, correct?
DANIEL PHILLIP: And a pair of dark glasses.
MR. DONALDSON: And a pair of dark glasses?
DANIEL PHILLIP: Correct.
MR. DONALDSON: Where did the money come from?
DANIEL PHILLIP: Um, are you asking me who gave me the money?
MR. DONALDSON: No. I'm asking, when she was standing at the door with lingerie on, panties, bra, heels, wig, and shades, was she holding a bag of money?
DANIEL PHILLIP: She had the money in her hand. It was --
MR. DONALDSON: She had the money in her hand?
DANIEL PHILLIP: Yes.
MR. DONALDSON: She opened the door with the money in her hand?
DANIEL PHILLIP: Yes.
MR. DONALDSON: And, at that point, I believe you said you looked to the -- well, strike that. After you got the money, then you looked to the right and saw a man sitting in the chair?
DANIEL PHILLIP: That is incorrect.
MR. DONALDSON: You looked to the left and saw the man sitting in the chair?
DANIEL PHILLIP: After she handed me the money, we walked into the room fully past the hall, past the little hallway that was there, toward the couch that was in front of us with the candles and everything on it. And I looked to the left, and on the right side of the room, if I'm facing Mr. Combs, Mr. Combs was sitting in the chair with a robe on, hat, and a bandana over his face.
MR. DONALDSON: OK. And at that point, you're past the hallway, you're standing -- are you standing near the couch?
DANIEL PHILLIP: I'm sorry?
MR. DONALDSON: Are you standing near a couch?
DANIEL PHILLIP: There's a couch in front of me, yes.
MR. DONALDSON: And you're standing near this couch, and Mr. Combs, you're saying, is to your left? To your left or to your right?
DANIEL PHILLIP: If I'm facing the couch?
MR. DONALDSON: Yes.
DANIEL PHILLIP: Mr. Combs would be in the room to the left. The living room is to the left of me. Once I turn left and face forward toward the open room, Mr. Combs would be sitting on the right side of the room in the back of the room.
MR. DONALDSON: All right. And I believe you said on direct he wasn't saying anything, correct?
DANIEL PHILLIP: At that moment, no.
MR. DONALDSON: Now, while you are standing there with Cassie and after you receive the money, you were going to start rubbing baby oil on her, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: She began rubbing baby oil on you, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And this is while she still had on her lingerie, correct?
DANIEL PHILLIP: At that point, at some point, our clothes were off. She wasn't rubbing baby oil on me with my clothes on.
MR. DONALDSON: Let's walk through it.
DANIEL PHILLIP: Sure.
MR. DONALDSON: So, you get in there, you have -- I'm sorry. I forget this part. You were wearing a New York City Police Department shirt, correct?
DANIEL PHILLIP: That's correct.
MR. DONALDSON: And you were wearing that shirt because your boss told you that the person in the hotel wanted you to be wearing a New York City police officer uniform, correct?
DANIEL PHILLIP: Yes. Um, if you don't --
MR. DONALDSON: Yes or no?
DANIEL PHILLIP: If you don't mind, could you please talk into the microphone. I can hardly hear you when you step away.
MR. DONALDSON: I'm sorry. Your boss told you that you, the dancer needed to be wearing a New York City Police Department uniform, correct?
DANIEL PHILLIP: That is correct.
MR. DONALDSON: You couldn't find one, correct?
DANIEL PHILLIP: That is correct.
MR. DONALDSON: So you went out and bought a T-shirt?
DANIEL PHILLIP: Yes.
MR. DONALDSON: And then you went to Gramercy Hotel wearing the New York City Police Department T-shirt?
DANIEL PHILLIP: Correct.
MR. DONALDSON: When you got inside the hotel, after you got the money, you had to take that off to get the oil rubbed on you, correct?
DANIEL PHILLIP: That's correct.
MR. DONALDSON: And you took the oil off in front of Cassie or you went someplace else to do that?
DANIEL PHILLIP: I took the oil off?
MR. DONALDSON: I'm sorry. You took the shirt off in front of Cassie?
DANIEL PHILLIP: I took my clothes off in front of Cassie, yes.
MR. DONALDSON: So, at the moment you got the money, you then took off all your clothes, correct?
DANIEL PHILLIP: At the moment I got the money, I did not take off all of my clothes.
MR. DONALDSON: After you got the money, you had a conversation first?
DANIEL PHILLIP: She walked me into the hotel room. And then after she had already explained me, Hey, listen, it's my birthday. I want, you know, to do this instead of the dance, the bachelorette party. I want you to rub baby oil on me, rub me down, give me a massage. And wherever things go from there, whatever you're comfortable with, we can do. And so I told her I was comfortable with giving her that massage and rubbing her down, and I asked her if she wanted me to be the same, like, to remove my clothes as well, and so I stripped down as well to my underwear.
MR. DONALDSON: OK. So you stripped down to your underwear?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And at that point, she -- OK. Now, you have your underwear on. And at that point, she is rubbing baby oil on you?
DANIEL PHILLIP: I'm rubbing her down and then she starts doing the same to me, and it started getting intimate and we --
MR. DONALDSON: Stop right there.
DANIEL PHILLIP: Sure.
MR. DONALDSON: When you say it started to get intimate --
DANIEL PHILLIP: Um-hmm.
MR. DONALDSON: -- you mean that you're rubbing her down, you're rubbing her breasts, you're rubbing her whole body down, correct?
DANIEL PHILLIP: After she started touching me, yes, I started touching her erotically, as well.
MR. DONALDSON: And at that point, Mr. Combs in the corner, he's not saying anything, correct?
DANIEL PHILLIP: No. He was in the corner masterbating immediately.
MR. DONALDSON: OK. And while you are -- while Cassie is rubbing you down --
DANIEL PHILLIP: Um-hmm.
MR. DONALDSON: -- it appears that she is enjoying herself, would that be fair to say?
DANIEL PHILLIP: Yes.
MR. DONALDSON: And you are rubbing her down and you are enjoying yourself, correct?
DANIEL PHILLIP: Yes.
MR. DONALDSON: And then that's why you're saying you became -- it started getting intimate, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: Because you started getting sexually aroused, correct?
DANIEL PHILLIP: Absolutely, yes.
MR. DONALDSON: And it appeared to you that she was getting sexually aroused, correct?
DANIEL PHILLIP: Yes.
MR. DONALDSON: And it appeared to you that she wanted more than just a rubdown, correct?
DANIEL PHILLIP: Yes.
MR. DONALDSON: And at some point, she took off your underwear, correct?
DANIEL PHILLIP: I took off my underwear.
MR. DONALDSON: You took off your underwear, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And after you took off your underwear, I imagine at that point, she is still rubbing you down, correct?
DANIEL PHILLIP: We're rubbing each other down.
MR. DONALDSON: Well, we'll get to that. She was rubbing you down after you took off your underwear, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And she started massaging your penis, correct?
DANIEL PHILLIP: I don't recall, like, the particulars of how that happened. I just know we ended up happening sex.
MR. DONALDSON: OK. So you didn't have sex standing up, correct?
MR. DONALDSON: So after you're standing up rubbing each other down, you then move to another part of the room, correct?
DANIEL PHILLIP: We basically were where we did our -- where we had sex the whole time. We were by the couch. We had sex on the couch.
MR. DONALDSON: OK. So, after you were standing up, you then laid her down on the couch, is that fair to say?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And then sexual intercourse occurred for, I believe you said -- well, not believe -- for approximately 30 minutes, correct?
DANIEL PHILLIP: No. The first time, that was probably the most beautiful woman I had seen. That was fast.
MR. DONALDSON: So when you say the most beautiful woman you've seen, that caused you to ejaculate fast?
DANIEL PHILLIP: Yeah.
MR. DONALDSON: And then after you did that --
DANIEL PHILLIP: Um-hmm.
MR. DONALDSON: -- you -- well, strike that. Were you on top of her or behind her at this point?
DANIEL PHILLIP: I have no idea what timeframe during this you're referring to. This could be at any point in the interaction --
MR. DONALDSON: On the first --
DANIEL PHILLIP: -- you're talking about.
MR. DONALDSON: -- time you had sexual intercourse with Cassie Ventura --
DANIEL PHILLIP: Sure.
MR. DONALDSON: -- in the Gramercy Hotel, after you received the $2,000, were you on top of her, behind her, what happened?
DANIEL PHILLIP: Are you asking when I ejaculated --
MR. DONALDSON: Yes.
DANIEL PHILLIP: -- what position I had her in?
MR. DONALDSON: I asked that --
DANIEL PHILLIP: It was a missionary position.
MR. DONALDSON: OK. So after the missionary position, you got up and then you decided to leave, correct?
DANIEL PHILLIP: I was told that we were done and I could get dressed now. I didn't just decide to leave.
MR. DONALDSON: Now, at that point in time, because you were still working for the service, you were not -- you knew you were not engaging in prostitution, correct?
DANIEL PHILLIP: I didn't know what the hell just happened. I was in complete shock and just was, like, did that just happen. I -- I -- I wouldn't have thought twice to think that that was prostitution.
MR. DONALDSON: OK. And then you left the hotel, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And then within five minutes, you got a phone call from Cassie, correct?
DANIEL PHILLIP: That is correct.
MR. DONALDSON: And at that time, Cassie asked you could you come back and have another orgasm, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And you said absolutely, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And she said, Give me 30 minutes to take a shower, correct?
DANIEL PHILLIP: No, I don't recall that.
MR. DONALDSON: You don't recall what?
DANIEL PHILLIP: I don't recall her saying, Give me 30 minutes to take a shower.
DANIEL PHILLIP: It's possible she said that. I don't recall, though.
MR. DONALDSON: OK. You then -- she also asked you to send her a picture of your penis, correct?
DANIEL PHILLIP: That is correct.
MR. DONALDSON: And she also informed you that you had the largest penis she had ever seen before, correct?
DANIEL PHILLIP: That is correct.
MR. DONALDSON: And she had said that to you also while you were having sex with her the first time, correct?
DANIEL PHILLIP: That is correct.
MR. DONALDSON: So that's -- go back to the first time. So the first time you were having sex with her, you were not only aroused at her beauty, she was aroused at the size of your penis, correct?
MS. COMEY: Objection, your Honor.
DANIEL PHILLIP: I can't say that.
THE COURT: That's sustained.
MR. DONALDSON: She was commenting to you on the size of your penis, correct?
DANIEL PHILLIP: Yes.
MR. DONALDSON: While you were having sex the first time, correct?
DANIEL PHILLIP: Yes.
MR. DONALDSON: And then after you left the hotel, she texted you asking you for a picture of your penis, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: Relating to her conversation before, when she was talking about the size of your penis, correct?
DANIEL PHILLIP: I cannot speculate that. I have no idea if Sean Combs asked her for that picture or not.
MR. DONALDSON: Objection. Move to strike.
THE COURT: Hold on. That motion is granted. The jury should disregard the witness's last answer. Mr. Donaldson, we're at 5:00 o'clock. if you one more or two more questions, I'm happy to hear them, but otherwise we can start again in the morning.
MR. DONALDSON: We can start again in the morning, Judge.
THE COURT: Thank you, members of the jury, for your time today. We are ending right at 5:00 p.m., as promised. So, again, I'm going to tell you this every day. Do not talk to each other about the case. Do not look up anything about this case. Do not try to talk to anyone outside this courtroom about the case. And definitely do not talk to anyone here about this case. No one inside the courtroom or outside of the courtroom is to have any discussion with members of the jury whatsoever. With that, have a great evening. We'll see you here at 9:15. If you're here at 9:15, we can get started on time and make efficient use of our time together. All right. All rise.
(Continued on next page)
(Jury not present)
THE COURT: Mr. Phillip, you understand that you are still under oath, so be back here tomorrow to resume your testimony. You are not to have any communications whatsoever with anyone on the government's side. Now, is there --
MS. COMEY: May I note a request of exception to that? Agents are providing for his security, transportation from court and to court again tomorrow. They have been instructed not to discuss his testimony or the case and only the logistics of transportation. Is that acceptable, your Honor?
THE COURT: That is acceptable. Any objection from the defense? I'm not hearing any.
MR. DONALDSON: No, your Honor.
THE COURT: OK. So, except for that, no other discussions of any kind. Are they here to escort him?
MS. COMEY: They are here to escort him. The case agent can escort him out.
MR. AGNIFILO: Your Honor, before you let the witness go...
MS. SHAPIRO: Can we raise an issue at the sidebar?
THE COURT: Yes.
(At the sidebar)
MS. SHAPIRO: I apologize, your Honor. I was not at the sidebar, so we weren't able to communicate with one another about the issue of whether the witness could speak to his lawyer during cross-examination. And we would request that your Honor direct him not to do so under Perry v. Leek, 488 U.S. 272. It's clear that this is a case involving, actually, the defendant as a witness, in which the Supreme Court held that even a defendant, who obviously has the right to counsel, may be instructed not to meet with his lawyer to discuss the substance of his testimony during his testimony. And that's true for all the reasons everyone understands that having to do with the truth-seeking function of the trial. So we would request that this witness and other government witnesses be directed not to speak to anyone about the substance of their testimony, including their counsel, during the trial.
MS. COMEY: Your Honor, I think that case is distinguishable because a defendant in a criminal case, their counsel would be party for an opposing -- would be counsel for an opposing party, so that would be the justification for that restriction. I'm not aware of any case law justifying telling a third party, who is represented by counsel but does not represent a party in the litigation, that they cannot communicate with their counsel. I have not had the opportunity to research this issue.
MS. SHAPIRO: I would be happy to read quotes from the case. The court explains that when -- it talks about the rights of the defendant and why it says neither he nor his lawyer have a right to have the testimony interrupted in order to give him the benefit of counsel's advice. The reason for the rule -- this is at page 281 -- is that one that applies to all witnesses, not just defendants. It is a common practice for a judge to instruct the witness not to discuss his or her testimony with third parties until the trial is completed. Such non-disclosures orders are corollary of the broader rule that witnesses may be sequestered to lessen the danger that their testimony would be influenced by hearing what other witnesses have to say and to increase the likelihood they will confine themselves to truthful statements based on their own recollection. And then the court goes on to talk about the defendant and when he assumes the role of a witness, the rule is that generally apply to other witnesses, rules that serve the truth- seeking function -- Do you want me to just show it to you, Judge?
THE COURT: Yes.
MS. SHAPIRO: Sorry.
THE COURT: Sorry. This is old school.
MS. COMEY: Your Honor, I'll just note that the distinction, I think, here is that this counsel does not represent a third party. The counsel represents him. So, again, I have not read the case.
THE COURT: Is his attorney here?
MS. COMEY: May I go get her and invite her to join us?
THE COURT: Yes.
MS. SHAPIRO: I will say, also, that I have had other cases in which this has come up and other trial judges have issued this type of direction. If anything, the defendant's rights, one would think, to consult with his counsel would be that of a greater witness who is not a party to the case.
THE COURT: Good afternoon.
MS. PARLOVECCHIO: Good afternoon, your Honor.
THE COURT: Could you identify yourself for the record.
MS. PARLOVECCHIO: My name is Gina Parlovecchio, P-a-r-l-o-v-e-c-c-h-i-o.
THE COURT: Were you planning to have any discussions with your client between this evening and tomorrow when his testimony resumes.
MS. PARLOVECCHIO: No, your Honor.
THE COURT: Is there any issue with him not having any communications with you?
MS. PARLOVECCHIO: Not that I'm aware of.
THE COURT: Problem solved for now. We can actually address this issue in a more deliberate fashion.
MS. SHAPIRO: Thank you, your Honor.
THE COURT: So I'll give him an instruction here that he's not to have any discussions with you, and we'll pick the issue up tomorrow.
MS. PARLOVECCHIO: Sounds good.
THE COURT: Thank you very much.
(In open court)
THE COURT: Mr. Phillip.
DANIEL PHILLIP: Yes.
THE COURT: When I said you're not to have any discussions with anyone else, that also includes your lawyer. So you're not to have any discussions with your lawyer or with any counsel for the government, anyone from the government side, with the only exception being that you are obviously going to be escorted by the folks at the agency. So do you understand that?
DANIEL PHILLIP: Yes.
THE COURT: All right.
MS. COMEY: Your Honor, would it be permissible for his lawyer to explain to him why, or for your Honor to explain to him why he can't speak with his lawyer? I think this might be new information to the witness, and I want him to understand why.
THE COURT: Well, I'm giving him the instruction.
MS. COMEY: Thank you.
THE COURT: The reason is that, while you're testifying, it's like you're here in the courtroom and your testimony is continuing. And the reason why we tell witnesses that they are not allowed to speak to other people is you might just be able to figure this out. It's so that you don't have discussions that might influence your testimony and that might change your testimony in a way that would be -- kind of change the facts up, which would be prejudicial once you've started testifying.
DANIEL PHILLIP: Um-hmm.
THE COURT: In the usual course, we always tell people, don't have discussions with anyone about your testimony while it's ongoing. That's the reason why I'm giving you that instruction. Do you understand or do you have any questions?
DANIEL PHILLIP: I understand. No, but I -- I had asked you prior.
THE COURT: You started it. You asked me. It was a good question. I'm glad you asked that question. If other questions like that come up, you can definitely raise them with me.
DANIEL PHILLIP: Sure.
THE COURT: We had an inquiry and a discussion, and that's what led to this instruction.
DANIEL PHILLIP: No problem.
THE COURT: I appreciate you doing that.
DANIEL PHILLIP: No problem.
THE COURT: See you here at 9:30 and you can leave the stand at this time.
(Witness temporarily excused)
THE COURT: Please be seated. Mr. Donaldson, again, just a ballpark, what are you envisioning for time duration of your cross-examination?
MR. DONALDSON: Probably an hour.
THE COURT: Sorry?
MR. DONALDSON: An hour.
THE COURT: An hour?
MR. DONALDSON: Yes.
THE COURT: We'll have an hour of cross-examination.
MR. DONALDSON: Don't hold me to that. Hopefully an hour.
THE COURT: I'm going to loosely hold you to that.
MR. DONALDSON: Very good.
THE COURT: One of the benefits of having ended in the middle of your cross-examination is it gives you the evening to tighten things up so that you can do it in a more efficient and effective manner. Ms. Comey, I assume, will have some redirect, so we'll be in a position to move forward with Ms. Ventura in the morning.
MS. COMEY: Yes, your Honor.
THE COURT: All right. Anything further that the government would like to raise at this time?
MS. COMEY: I think we wanted to ask if we can come back tomorrow morning at 9:00 a.m. to address potential evidentiary issues that might come up during Ms. Ventura's testimony. I think the parties are still meeting and conferring about some exhibits and hoping to resolve them, and then -- but there may be some that we can't resolve. And so we are hoping to come back tomorrow morning to raise those with your Honor so that we don't have to cover them while she's on the stand.
THE COURT: Absolutely. When are we going to hear about what the issues are tonight?
MS. COMEY: May I defer to Ms. Johnson, your Honor?
THE COURT: Is 8:00 o'clock doable, or 10:00 o'clock? I'll give you those two. I'm negotiating against myself, which is bad. But 10:00 o'clock?
MS. JOHNSON: I think 10:00 o'clock should be acceptable, your Honor. We're talking about some rule of completeness issues, and hopefully we'll be able to resolve those with the court without the court's intervention.
THE COURT: All right.
MS. JOHNSON: We'll advise the court by 10:00 p.m.
THE COURT: That's fine. So we'll be here at 9:00 to deal with any outstanding issues that may come up during Ms. Ventura's testimony. Anything further from the government?
MS. COMEY: No, your Honor. We're going to research the issue that Ms. Shapiro raised, and if we have any contrary law, we'll raise it to your Honor.
THE COURT: Have the parties discussed Rule 615 and the exclusion of witnesses, has that come up?
MS. COMEY: I believe that we e-mailed your Honor. There was some e-mail traffic with your Honor's chambers about that. I believe the parties agreed witnesses would be removed from the courtroom until their testimony is complete.
THE COURT: And is it just the courtroom, or does that include access to transcripts?
MS. COMEY: I think it includes access to transcripts, your Honor.
THE COURT: All right. So is there any an agreement there, Mr. Agnifilo?
MS. GERAGOS: Yes, there is an agreement, your Honor.
THE COURT: I'll count on the parties to police that and if there are any issues, let me know.
MS. COMEY: Yes, your Honor.
THE COURT: The only other thing to raise, and then I'll turn to Mr. Agnifilo, is that I think the overflow feed is an overhead view of the counsel tables. I don't believe it's close enough to see what you're doing. Just be mindful of that when you're working. If you're writing really big, there is a chance at least someone might see it. I'm just doing that for your benefit, but I think it should be OK. The other thing for everyone else is that there should be no attempt, especially within this courthouse, in any way, shape, or form to depict or otherwise make attempts to identify any of the jurors. If that happens, there will be serious consequences, so don't do it. All right. Mr. Agnifilo.
MR. AGNIFILO: The one issue that I raised earlier, I think it's beneficial for all witnesses, that we continue the way we have handled the last witness today. In other words, the witness comes, gets in the witness chair, is ready to go, and then we bring the jury in. So I would just like to continue the way we've gone with this witness. That's my request.
THE COURT: Well, we'll be doing that, but just as we did with both of these witnesses, when they came into the courtroom, they walked in. So that is what we will be doing with the remaining witnesses, unless you have some authority that suggests different treatment is appropriate in this context. Now, when we break for lunch and we come back from lunch, the witness will be seated, just as we did with Mr. Phillip and with Mr. Florez.
MR. AGNIFILO: If I do find -- I haven't had the chance. If I find authority before 10:00 o'clock tonight, that will be the witching hour for all purposes.
THE COURT: I'm trying to make sure everyone gets rest. If I don't put a deadline in, it will be 2:00 o'clock in the morning. All right. Anything further?
MR. AGNIFILO: Nothing from us.
MS. SHAPIRO: Sorry. Just, this is sort of obvious, but just with regard to the Rule 615, experts are excluded, so we've been assuming we can share transcripts with experts.
THE COURT: Yes. All right. We are adjourned. See you tomorrow.
MS. COMEY: Thank you, your Honor.
(Adjourned to May 13, 2025, at 9:00 a.m.)