6.Israel Florez — Direct/Cross/Redirect/Recross
1,283 linesDIRECT EXAMINATION BY MS. SLAVIK:
MS. SLAVIK: Good afternoon, Officer Florez.
ISRAEL FLOREZ: Good afternoon.
MS. SLAVIK: Could you please state and spell your name for the record?
ISRAEL FLOREZ: Israel Florez, I-S-R-A-E-L, Florez, F-L-O-R-E-Z.
MS. SLAVIK: Officer Florez, are you currently employed?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: What do you do?
ISRAEL FLOREZ: I'm a police officer for the Los Angeles Police Department.
MS. SLAVIK: Is that commonly referred to as the LAPD?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: How long have you been an LAPD police officer?
ISRAEL FLOREZ: A little over seven years.
MS. SLAVIK: Approximately when did you start?
ISRAEL FLOREZ: 2018.
MS. SLAVIK: Do you currently have any other jobs?
ISRAEL FLOREZ: Yes.
MS. SLAVIK: What are those?
ISRAEL FLOREZ: I'm a reservist for the Army.
MS. SLAVIK: How long have you been a reservist in the Army?
ISRAEL FLOREZ: A little over 15 years.
MS. SLAVIK: And what did you do for work prior to joining the LAPD?
ISRAEL FLOREZ: I was a security guard.
MS. SLAVIK: Did you work for a specific company?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: What company was that?
ISRAEL FLOREZ: Securitas.
MS. SLAVIK: What kind of company is Securitas?
ISRAEL FLOREZ: It's a high-rise security company. So they deal with high-rise buildings and hotels and stuff.
MS. SLAVIK: And is it a contractor?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Approximately how long did you work for Securitas?
ISRAEL FLOREZ: Ten years.
MS. SLAVIK: And did you work for Securitas in March 2016?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: What location were you working at in March 2016?
ISRAEL FLOREZ: I was working for the InterContinental Hotel in Century City.
MS. SLAVIK: Where is Century City?
ISRAEL FLOREZ: It's a neighboring city next to Beverly Hills.
MS. SLAVIK: Is that in the Los Angeles area?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Were you working there on March 5th, 2016?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Officer Florez, at a high level, can you explain to the jury what happened during your shift on March 5th, 2016?
ISRAEL FLOREZ: I received -- I was at the security base. I received a call from instant services saying there was a woman in distress on the sixth floor.
MS. SLAVIK: And did you respond to that call?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: And what happened after you responded?
ISRAEL FLOREZ: After I responded, I -- when I got out of the elevator, I observed a male and female at the -- in the elevator lobby.
MS. SLAVIK: Did you recognize the male and female?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Who did you recognize them to be?
ISRAEL FLOREZ: Mr. Combs, Sean Combs.
MS. SLAVIK: And sitting here today in court, do you see Mr. Combs?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Can you identify him by describing a piece of clothing that he's wearing?
ISRAEL FLOREZ: I think he's wearing a gray sweater.
MS. SLAVIK: Let the record reflect that the witness has identified the defendant.
MS. SLAVIK: Now, Officer Florez, we'll come back to this incident that you've described at a high level involving Mr. Combs, but first, what was your title at Securitas in March 2016?
ISRAEL FLOREZ: I was the -- the assistant director of security.
MS. SLAVIK: How long did you hold that title?
ISRAEL FLOREZ: For about a little over a year.
MS. SLAVIK: And what were your responsibilities as the assistant director of security at the InterContinental Hotel?
ISRAEL FLOREZ: Pretty much deal with any incidents that happened in the hotel, any trainings for new employees, assisted the director with a -- what is it? Like any new employee for the hotel that needed training for security purposes, we work -- I would assist with that.
MS. SLAVIK: And so you were the assistant director; is that right?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: While you were the assistant director, who was the director of security?
ISRAEL FLOREZ: The director was Bill Medrano.
MS. SLAVIK: And after you -- what was your next position after being assistant director of security at the InterContinental?
ISRAEL FLOREZ: I became the director.
MS. SLAVIK: At the InterContinental as well?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: And when did you become the director of security at the InterContinental?
ISRAEL FLOREZ: I believe at the end or the beginning of 2017 -- the end of 2016, beginning of 2017.
MS. SLAVIK: What were your responsibilities as the director of security?
ISRAEL FLOREZ: Pretty much the same thing I just mentioned, but also now I would be facilitating the training for the whole hotel and I attend a lot more meetings with the hotel staff and managers.
MS. SLAVIK: How long were you director of security?
ISRAEL FLOREZ: Like a year or a little bit over.
MS. SLAVIK: When did you leave Securitas?
ISRAEL FLOREZ: 2018.
MS. SLAVIK: And why did you leave?
ISRAEL FLOREZ: I got hired on with Los Angeles Police Department.
MS. SLAVIK: Officer Florez, I want to focus now on the InterContinental Hotel in Century City.
MS. SLAVIK: Ms. Gavin, can you please publish for the witness the Court and the parties Government Exhibits 2B-124 and 2B-125.
MS. SLAVIK: Officer Florez, do you see the photos on the screen in front of you?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Do you recognize these photos?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: What are they?
ISRAEL FLOREZ: Pictures of the InterContinental Hotel.
MS. SLAVIK: And how do you know that?
ISRAEL FLOREZ: It's a very unique hotel. It's like a pyramid shape hotel in Century City.
MS. SLAVIK: Are these photos fair and accurate depictions of the InterContinental Hotel in Century City as it existed in March 2016?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Your Honor, the government officers Government Exhibit 2B-124 and 2B-125 into evidence?
THE COURT: Any objection?
MR. STEEL: No, your Honor.
THE COURT: Those exhibits will be admitted.
(Government's Exhibits 2B-124, 2B-125 received in evidence)
MS. SLAVIK: Ms. Gavin, can you please publish these exhibits for the jury.
MS. SLAVIK: Officer Florez, can you please explain to the jury what they're looking at in Government Exhibits 2B-124 and 2B-125?
ISRAEL FLOREZ: They're looking at the InterContinental Hotel.
MS. SLAVIK: And where is that located once again?
ISRAEL FLOREZ: In Century City.
MS. SLAVIK: Thank you, Officer Florez.
MS. SLAVIK: Ms. Gavin, you can take this down.
MS. SLAVIK: Now, turning back to your role as a security officer at the InterContinental Hotel, approximately how many other people worked as security officers at the InterContinental in March 2016?
ISRAEL FLOREZ: About like 12.
MS. SLAVIK: And how, generally, were those 12 or so officers staffed?
ISRAEL FLOREZ: It was pretty much three per shift and we had three shifts.
MS. SLAVIK: Can you describe what shifts there were?
ISRAEL FLOREZ: Yes. Morning, which was 6:00 to 2:00 p.m. Afternoon, 2:00 p.m. to 10:00 p.m. And nights, which was 10:00 p.m. to 6:00 a.m.
MS. SLAVIK: And you said that three officers staffed each shift; is that right?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Of those three officers, were any of them supervisors?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Now, generally speaking, where were security officers stationed during their shifts?
ISRAEL FLOREZ: So if there was all three of them working at -- on the shift, the supervisor would stay in the security base and then the other two would be doing patrols, one inside and one outside.
MS. SLAVIK: Now, you mentioned security base. Can you explain to the jury what the security base is?
ISRAEL FLOREZ: Just our security office. We used to just call it base for shorter or slang.
MS. SLAVIK: Now, moving onto a slightly different topic, did the InterContinental Hotel have a video surveillance system in March 2016?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Can you describe that system?
ISRAEL FLOREZ: It had three systems, one covered the roof, the other one, the interior of the hotel, and then the other system covered the parking lot.
MS. SLAVIK: I want to focus on the video surveillance system that was on the interior of the hotel. Where, generally, were the cameras within that system?
ISRAEL FLOREZ: Obviously, every floor had cameras. There would be one on the elevator lobby and then two on the hallway. One facing north, the other one facing south. And depending on the -- on the floor, there would be more cameras if there was more hallways, so more turns.
MS. SLAVIK: But at least three cameras per floor?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Did the cameras run continuously?
ISRAEL FLOREZ: They were motion. So, yes.
MS. SLAVIK: So they ran continuously?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Did they record continuously?
ISRAEL FLOREZ: Only when there was motion on the cameras.
MS. SLAVIK: They were motion activated?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: What, if any, responsibility did security staff have with respect to video surveillance?
ISRAEL FLOREZ: Just review cameras. That's pretty much it.
MS. SLAVIK: Where could security staff review the video surveillance?
ISRAEL FLOREZ: So we had obviously our security base where they can -- where we could review it. And supervisors and the director, we had -- there was another room, it was like the main room and that was pretty much to troubleshoot the cameras if we had to and you could also review cameras there.
MS. SLAVIK: So you specified two different rooms; is that right?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: The security base; is that right?
ISRAEL FLOREZ: Yes.
MS. SLAVIK: What had access to the security base?
ISRAEL FLOREZ: Every security officer.
MS. SLAVIK: And you mentioned a main room; is that the term you used?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Who had access to the main room?
ISRAEL FLOREZ: The supervisors and the director of security.
MS. SLAVIK: Did anyone else at the hotel monitor video surveillance?
ISRAEL FLOREZ: No, it was just us. If anybody needed to review footage, they would come to us.
MS. SLAVIK: Now, did security staff have the ability to rewind video surveillance?
ISRAEL FLOREZ: Yeah. We were able to rewind, but it was only for like a good amount. It wasn't like -- so you couldn't rewind further back than specific days, and if you did want to, then you would need a passcode or a password to do that.
MS. SLAVIK: Did you have a password or a passcode to rewind farther from however many days?
ISRAEL FLOREZ: No, ma'am.
MS. SLAVIK: Was it possible to download video surveillance?
ISRAEL FLOREZ: If you had that password, I'm sure you were able to.
MS. SLAVIK: Who among the security staff had the ability to download video surveillance with the passcode?
ISRAEL FLOREZ: The director of security and the camera guy.
MS. SLAVIK: Who is the camera guy?
ISRAEL FLOREZ: I don't remember his name.
MS. SLAVIK: Was he a member of the security staff?
ISRAEL FLOREZ: No. He was like a third-party company.
MS. SLAVIK: Did you have the passcode to download or rewind video surveillance?
ISRAEL FLOREZ: When I became the director, I did. But not at that time.
MS. SLAVIK: Not in March 2016?
ISRAEL FLOREZ: No, ma'am.
MS. SLAVIK: Now, you mentioned a moment ago that one of your responsibilities as a security officer at the InterContinental included responding to incidents; do you remember that?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: What exactly do you mean by responding to incidents?
ISRAEL FLOREZ: Pretty much any incident, like there's an altercation, trespass, any fights, any -- we've had a couple suicides there so any suicides. Just anything out of the ordinary.
MS. SLAVIK: Did you have to document your response to incidents?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: How exactly did you document your response to incidents?
ISRAEL FLOREZ: So we would do our incident reports where just pretty much an e-mail sent out to all the department heads.
MS. SLAVIK: And did you -- did you have a name for these sorts of e-mails that you would send to department heads?
ISRAEL FLOREZ: Yeah. Just incident reports.
MS. SLAVIK: What information were you required to include in an incident report?
ISRAEL FLOREZ: Who -- the five W's and the how.
MS. SLAVIK: The five W's?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Can you explain to the jury what the five W's are?
ISRAEL FLOREZ: Who, what, when, where, and why.
MS. SLAVIK: What determined whether you filed an incident report or not?
ISRAEL FLOREZ: Anything that had to do with the hotel. So if there's like destruction of the hotel or anything that specific department heads needed to know, we would send those e-mails out.
MS. SLAVIK: Did you include attachments to incident reports?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: What sort of attachments?
ISRAEL FLOREZ: Just pictures.
MS. SLAVIK: And where would the pictures come from when you attached them to incident reports?
ISRAEL FLOREZ: So if we -- so we had a camera at our security office. So if -- we would use that camera, but if let's say they didn't charge it, we would use our phones and take pictures with our phones and then send it as an attachment.
MS. SLAVIK: And what determined whether you would attach a photo to an incident report or not?
ISRAEL FLOREZ: Like I said, anything that's like out of the ordinary, there's anything that was broken, anything that was damaged, that's sorts of...
MS. SLAVIK: Did you attach video surveillance to incident reports?
ISRAEL FLOREZ: No, ma'am.
MS. SLAVIK: Why not?
ISRAEL FLOREZ: We didn't have the password and we didn't know how to do it.
MS. SLAVIK: Did you otherwise reference video surveillance in incident reports?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: How did you do that?
ISRAEL FLOREZ: So we had like a -- so we had the e-mails that we sent out, and then we had a book, which was like our pass down book. And anybody that was like coming into the shift, we would pretty much let them know what happened, like a brief summary of what happened in that book, and we would just tell them, like see e-mail. And then they would know to go to the out -- to the sents e-mails, and that's how they would get it.
MS. SLAVIK: And when you referenced video surveillance in these e-mail incident reports, what did you include?
ISRAEL FLOREZ: The time stamp of the -- of the video, and the location of the video.
MS. SLAVIK: The location of the video?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: What do you mean by that?
ISRAEL FLOREZ: So if it was like, if it happened on the seventh floor, we would put seventh floor camera, north camera, or lobby camera.
MS. SLAVIK: Who did you send incident reports to?
ISRAEL FLOREZ: I would send it to my director, I would send it to the committee for the hotel, which was all the department heads, and if it had to do with like specific managers, like for the housekeeping, they didn't have an actual department head, they had a manager, so we would send the e-mail to the manager.
MS. SLAVIK: Was drafting and sending incident reports something you did regularly when you worked at the InterContinental Hotel?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Officer Florez, were you required to alert police about incidents?
ISRAEL FLOREZ: Yes.
MS. SLAVIK: Under what circumstances?
ISRAEL FLOREZ: Depending, like, like I said, if there was like an altercation, and let's say there was a fight and there's like more than -- if it was only three of us and it was more than, more than three, then we would call the police so they can assist us. If there was someone trespassing that they didn't want to leave, let's say they were naked and we couldn't get them out, then we would call the police. The suicide, we would call the police. If there's any -- if there's like a fight and one of them wanted to press charges, then we'll detain them, call the police so they can assist us.
MS. SLAVIK: Generally speaking, Officer Florez, after you sent an incident report, what would happen?
ISRAEL FLOREZ: So after we sent the incident report, it was pretty much like completely out of our hands. We're just observing and reporting, so anything that happened, we send it to them and then if they needed a follow-up, they would ask questions or they would come to the officer and they would review footage with us, but that's pretty much it.
MS. SLAVIK: I want to go back to March 5th, 2016. You said you were working that day?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: What was your shift?
ISRAEL FLOREZ: The morning shift, which is 6:00 to 2:00 p.m.
MS. SLAVIK: 6:00 a.m. to 2:00 p.m.?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Do you remember who else was working with you that day?
ISRAEL FLOREZ: Henry Elias, and I don't remember the other -- there was two, two guards though.
MS. SLAVIK: Two other officers?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Now, you described an incident that took place that day just a moment ago; do you remember that?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Approximately what time did that incident take place?
ISRAEL FLOREZ: Around 11:00 a.m.
MS. SLAVIK: How were you made aware of the incident?
ISRAEL FLOREZ: I received a call from instant services, and pretty much letting me know that there was a woman in distress on the sixth floor.
MS. SLAVIK: Where were you when you got this call?
ISRAEL FLOREZ: I was in the security base.
MS. SLAVIK: And you said you got this call from instant services?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: What is instant services?
ISRAEL FLOREZ: So the hotel has like -- each floor has a phone. So if you pick it up, it goes directly to them. And it's pretty much you don't have to dial anything. You just pick up the phone it goes to instant services, and she pretty much directs the call. So if you need, like, housekeeping, if you need security, she'll direct the call.
MS. SLAVIK: And what information was provided to you by instant services?
ISRAEL FLOREZ: The only thing she said was there was a woman in distress on the sixth floor.
MS. SLAVIK: Did you respond to the call?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: What, if anything, did you do before responding to the call?
ISRAEL FLOREZ: I closed down the security base. I checked the cameras to see what was going on because I didn't want to go into a situation where I was, you know, unprepared. I looked at the cameras and I seen a male, male, black, just pacing back and forth on the sixth floor.
MS. SLAVIK: Were you looking at the cameras on the sixth floor in real time?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: And did you recognize the man pacing back and forth at that time?
ISRAEL FLOREZ: No, ma'am.
MS. SLAVIK: Did you rewind the video surveillance to see what had happened before?
ISRAEL FLOREZ: No, ma'am.
MS. SLAVIK: Why not?
ISRAEL FLOREZ: I got the call saying that there was a woman in distress. I looked at the camera. I see a man walking back and forth. There was no woman in the video, so I'm thinking something happened. Because I didn't see any -- a female in the footage. So I wanted to get there as fast as possible to make sure that nothing was going on.
MS. SLAVIK: Who, if anyone, did you notify of this call at the time that you responded?
ISRAEL FLOREZ: So when I close down the security base, as I was going, running to the elevator, I had my radio so I radioed both my guys to respond back to the security base and just standby for further...
MS. SLAVIK: What did you do next?
ISRAEL FLOREZ: I got on the elevator, went to sixth floor. I got off and then that's when I -- I seen both the individuals.
MS. SLAVIK: So what happened when you arrived on the sixth floor?
ISRAEL FLOREZ: I seen Mr. -- Mr. Combs in a towel and some like colored socks, sitting down to my -- further away from me on my right side. And I seen Ms. Cassie in the corner kind of like covering her face and bundled up in the corner.
MS. SLAVIK: Did you recognize either of these individuals at this point?
ISRAEL FLOREZ: Just Mr. -- Mr. Combs.
MS. SLAVIK: How did you recognize Mr. Combs?
ISRAEL FLOREZ: He's a rapper, producer.
MS. SLAVIK: Ms. Gavin, can you please publish for the witness, the Court, and the parties only Government Exhibits 2A-101 and 2A-401.
MS. SLAVIK: Officer Florez, do you recognize these photos?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: What are they?
ISRAEL FLOREZ: Picture of Mr. Combs and Ms. Cassie.
MS. SLAVIK: And how do you know these individuals?
ISRAEL FLOREZ: They were the ones involved in that incident.
MS. SLAVIK: Are they fair and accurate depictions of the individuals that you encountered in the elevator lobby of the InterContinental Hotel in March 2016?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: The government offers Government Exhibits 2A-101 and 2A-401 into evidence.
THE COURT: Any objection?
MR. STEEL: No, your Honor.
THE COURT: These exhibits will be admitted.
(Government's Exhibits 2A-101, 2A-401 received in evidence)
MS. SLAVIK: Ms. Gavin, can you please publish these exhibits for the jury.
MS. SLAVIK: Officer Florez, can you please identify the individuals in these photos for the jury?
ISRAEL FLOREZ: To my left is Mr. Combs, and to my right is Ms. Cassie.
MS. SLAVIK: And is the individual on the left in Government Exhibit 2A-101, is that the same person as the individual that you identified as Mr. Combs just a moment ago?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Thank you.
MS. SLAVIK: Ms. Gavin, you can take those down.
MS. SLAVIK: Now, Officer Florez, you said that you recognized Mr. Combs immediately; is that right?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Did you recognize the female immediately?
ISRAEL FLOREZ: No, ma'am.
MS. SLAVIK: Did you come to understand the identity of the female?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: How?
ISRAEL FLOREZ: Later on in the day when I got home, I was -- I went home to tell my wife at the time that -- what had happened, and she's the one that brought it up like, oh, I think she's --
MR. STEEL: Objection. Hearsay.
THE COURT: Get a fresh question.
MS. SLAVIK: I'm sorry?
THE COURT: Can you rephrase your question.
MS. SLAVIK: Officer Florez, did you come to understand the identity of the female who was there in the elevator lobby?
ISRAEL FLOREZ: Yes.
MS. SLAVIK: Who did you come to understand her to be?
ISRAEL FLOREZ: Ms. Cassie.
MS. SLAVIK: Can you describe Mr. Combs' demeanor when you got off the elevator?
ISRAEL FLOREZ: Yeah. It was -- so he was on the chair, slouched down and he was like at a blank stare. And, yeah, as soon as I walked out it was -- the best way I can describe it is like a -- like a devilish stare. He was just like looking at me. So when I got out of the elevator, I kind of was stuck because I'm looking at him, he's looking at me with like no movement and then he starts to move.
MS. SLAVIK: What was he wearing?
ISRAEL FLOREZ: Just the towel and socks.
MS. SLAVIK: Now, you said that you didn't recognize the woman at the time. Did you hear Mr. Combs refer to the woman?
ISRAEL FLOREZ: Yes.
MS. SLAVIK: How did he refer to her?
ISRAEL FLOREZ: Ms. CC, or CC.
MS. SLAVIK: And this is the woman that you came to understand was Cassie?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: What was the woman's demeanor?
ISRAEL FLOREZ: Scared.
MS. SLAVIK: Can you describe what you mean by that?
ISRAEL FLOREZ: Well, she was in the corner. She was -- she had her hoodie on. She was pretty much just covered up. I couldn't see her face and she was just, you know, just pretty much in the corner.
MS. SLAVIK: What, if anything, did you notice about the state of the elevator lobby?
ISRAEL FLOREZ: So every floor had a flower vase, and it was destroyed pretty much on the floor.
MS. SLAVIK: Did you speak to the two individuals?
ISRAEL FLOREZ: I did.
MS. SLAVIK: Who did you address first?
ISRAEL FLOREZ: Mr. Combs.
MS. SLAVIK: What did you say?
ISRAEL FLOREZ: I advised them, obviously, like -- first, I was like, hey, what's going on. Obviously, they were arguing, so I told them, like, hey, if you guys are going to argue, you guys have to take it back to your room. And then I told them the mess that was there, it was going to be charged to the room.
MS. SLAVIK: Did you address the woman?
ISRAEL FLOREZ: Eventually. Just talked to -- if she's going to -- if she's going to be arguing, pretty much to go back to the room.
MS. SLAVIK: What did she say?
ISRAEL FLOREZ: She just said that she wanted her phone and her bag and she wanted to leave.
MS. SLAVIK: What did you do next?
ISRAEL FLOREZ: After talking to them, I pretty much started escorting back -- escorting both of them back to the room.
MS. SLAVIK: And did Mr. Combs interact with the woman after you started to escort them back to the room?
ISRAEL FLOREZ: So I know they were arguing. I don't remember exactly what they were saying. But, as I was escorting them, she left the opposite way. And we were walking towards the room. And then eventually he started -- he tried to like reengage, and I was just pretty much reminding him, like, hey, there's other guests in the hotel, just out of respect for them, let's go back to the room.
MS. SLAVIK: What did Dr. Combs say to Cassie as he was trying to reengage with her?
ISRAEL FLOREZ: I don't remember.
MS. SLAVIK: Do you remember Cassie saying anything as she was walking back to the room?
ISRAEL FLOREZ: Yeah, she was just saying that she wanted to get her phone and her bag and she wanted to leave.
MS. SLAVIK: And what did Mr. Combs say in response to that?
ISRAEL FLOREZ: He did tell her at one point that -- he said you're not going to leave.
MS. SLAVIK: And what did you say?
ISRAEL FLOREZ: I told him, like, well, if she wants to leave, she's going to leave. And that was pretty much it.
MS. SLAVIK: Did you follow them to their room?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Who entered the room?
ISRAEL FLOREZ: Mr. Combs.
MS. SLAVIK: Did anyone else enter the room with Mr. Combs?
ISRAEL FLOREZ: Yes. She finally did, Ms. Cassie.
MS. SLAVIK: Did the door close behind them?
ISRAEL FLOREZ: No, ma'am.
MS. SLAVIK: Why did it not close?
ISRAEL FLOREZ: I put my foot in between the door. Again, she wanted to leave. He said that -- he had mentioned I don't want her to leave. Well, I don't want you to leave. So I knew if I let the door close, something can happen. So I put my body in between the door before he closed it. And watched her get her stuff.
MS. SLAVIK: Did you actually enter the room?
ISRAEL FLOREZ: Half of my body was at the door, the other half was outside the door.
MS. SLAVIK: Were you able to see inside the room?
ISRAEL FLOREZ: Yeah. The majority of the room I was able to see.
MS. SLAVIK: Now, you said that both Mr. Combs and Cassie entered the room; is that right?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Besides Mr. Combs and Cassie, was anybody else in the room?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Who?
ISRAEL FLOREZ: It's a male black wearing dark clothing. He was sitting at the corner of the bed.
MS. SLAVIK: Did you recognize this man?
ISRAEL FLOREZ: No, ma'am.
MS. SLAVIK: Was he clothed?
ISRAEL FLOREZ: Yes.
MS. SLAVIK: And what was he doing?
ISRAEL FLOREZ: Nothing.
MS. SLAVIK: Can you describe his, his appearance?
ISRAEL FLOREZ: He was fully clothed, male, black. He wasn't engaging in any conversation with either of them. He was just sitting in the corner of the bed.
MS. SLAVIK: Was he present in the room when Mr. Combs and Cassie entered?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Officer Florez, approximately how long were you standing at the door to the room?
ISRAEL FLOREZ: A couple minutes.
MS. SLAVIK: Did Mr. Combs say anything else to Cassie?
ISRAEL FLOREZ: So they were going back and forth. First, she was like you can't leave. Then, he was telling her to leave. So it was -- it was just back and forth between both of them.
MS. SLAVIK: Did Cassie ultimately leave the room?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Which way did she go?
ISRAEL FLOREZ: Back the same way to the elevator lobby.
MS. SLAVIK: And where was Mr. Combs when Cassie left the room?
ISRAEL FLOREZ: In the room.
MS. SLAVIK: What, if anything, did Mr. Combs do after Cassie left?
ISRAEL FLOREZ: So after she left, I told him like, hey, stay in the room. Again, everything is going to be charged to your room. As I started walking away, he, he called for me. He said hey. I turned around. And with his -- he was pretty much holding like a stack of money. Pretty much -- I don't know, that's the best way I can do it. And he was pretty much telling me, like, hey, take of this, don't tell nobody pretty much.
MS. SLAVIK: What did you understand him to mean when he said don't tell anyone?
ISRAEL FLOREZ: A bribe.
MS. SLAVIK: A bribe to do what?
ISRAEL FLOREZ: Not to tell anybody.
MS. SLAVIK: How far away from you was Mr. Combs he offered you the money?
ISRAEL FLOREZ: About 3 or 4 feet.
MS. SLAVIK: Can you describe approximately how much cash he offered you?
ISRAEL FLOREZ: I don't -- it was just 100-dollar bill on the top, and then the rest were just -- it was just a stack of money.
MS. SLAVIK: And just going back to something you said earlier. You said that initially Mr. Combs said you can't leave, and then he eventually said leave; is that right?
ISRAEL FLOREZ: Yeah.
MS. SLAVIK: Okay. Back to the cash that Mr. Combs offered you, you said that it was a stack?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Approximately, can you show the jury what you mean with your hands?
ISRAEL FLOREZ: I don't know, if you extend your thumb to your pinky.
MS. SLAVIK: How did you respond to Mr. Combs' offer?
ISRAEL FLOREZ: I told him I don't want your money, just go back into your room, everything is going to be charged to the room and stay in your room, and I left.
MS. SLAVIK: Did you take the money?
ISRAEL FLOREZ: No, ma'am.
MS. SLAVIK: Were there any video surveillance cameras focused on Mr. Combs' room?
ISRAEL FLOREZ: No, ma'am.
MS. SLAVIK: Where did you go, Officer Florez, after Mr. Combs tried to hand you this stack of money?
ISRAEL FLOREZ: I tried catching up to Ms. Cassie.
MS. SLAVIK: Did Mr. Combs follow?
MS. SLAVIK: Where did Cassie go?
ISRAEL FLOREZ: She went down to the valet area.
MS. SLAVIK: Where is the valet area?
ISRAEL FLOREZ: Right in front of the hotel lobby, right outside pretty much.
MS. SLAVIK: Outside the hotel?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: What did you do when you and Cassie were in the valet area?
ISRAEL FLOREZ: So when I -- obviously I noticed her, she was in the valet area. I still didn't know what had happened. The only thing I saw was the broken vase. So I went up to her. So where the cars pass there's like a -- it's like a -- it's a sidewalk. So it's a step down. She was at the corner or at the edge of it. So I stepped down and I got in front of her, pretty much directly in front of her, and then I was pretty much looking up at her. And then I just started asking her questions. What happened? Are you okay? And then I notice she had like a -- she had a purple eye. And then I asked her, like, did he do that? Do you want me to call the cops? And all she kept saying is I just want to leave.
MS. SLAVIK: Why did you offer to call the cops?
ISRAEL FLOREZ: I mean, if anybody is going to -- you know, one, if there's an altercation, you still -- I'm still going to be like, hey, you know, are you going to -- do you want to call the cops? And then as a female getting hit I'm obviously going to ask her if she wants to call the cops. I do understand, you know, that they get scared and they don't want to do anything. So you kind of try to like comfort them, and, you know, allow them to be like -- to feel safe. So I asked her if she wanted me to call the cops, and she just kept saying she wanted to leave.
MS. SLAVIK: Now, to be clear, Officer Florez, at this point had you seen an altercation?
ISRAEL FLOREZ: No, ma'am.
MS. SLAVIK: And, at this point, had you reviewed any of the video surveillance?
ISRAEL FLOREZ: No, ma'am.
MS. SLAVIK: Did Cassie eventually leave the hotel?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: How?
ISRAEL FLOREZ: Excuse me. So after speaking to her, I was trying to get some information, so I walked inside to go get Adey, who is a front desk manager. As I was coming back, there was a car that had pulled up and she left in that black SUV.
MS. SLAVIK: Did she -- did she drive herself in that black SUV?
ISRAEL FLOREZ: No, ma'am.
MS. SLAVIK: Did she have a driver?
ISRAEL FLOREZ: Yes.
MS. SLAVIK: Did you interact with the driver?
ISRAEL FLOREZ: I did before I went inside.
MS. SLAVIK: Can you describe the driver?
ISRAEL FLOREZ: About 7 feet, pretty big guy, male, black.
MS. SLAVIK: Did you -- did you speak with him?
ISRAEL FLOREZ: Just briefly because he interrupted my conversation with her.
MS. SLAVIK: And what did you -- can you describe the interaction?
ISRAEL FLOREZ: So, again, I was talking to her, trying to get her to see if she wanted me to call the cops. And he said, hey, she wants to leave. And I looked at him and I said I'm not talking to you, I'm talking to her. So I continued talking to her. And she said, no, I just want to leave. And I said, hold on, I'll be back and that's when I left.
MS. SLAVIK: And you had said that you were trying to get some information from her; is that right?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: What sort of information?
ISRAEL FLOREZ: Just her name, phone number, just in case the hotel wanted to reach out to her for anything in the future.
MS. SLAVIK: At this point, did you know who she was?
MS. SLAVIK: After Cassie left, Officer Florez, what did you do next?
ISRAEL FLOREZ: So after she left, obviously I had already gotten Adey, who is a front desk manager. And he said, all right, well, let's go talk to Mr. Combs so we can advise him of the hotel rules. So we went up to his room.
MS. SLAVIK: And what was the purpose of speaking with Mr. Combs?
ISRAEL FLOREZ: So from what Adey had told me, is it had happened --
MR. STEEL: Hearsay.
THE COURT: Ms. Slavik, maybe re-ask the question and if the witness can just listen to the question and then answer.
MS. SLAVIK: Officer Florez, you said that you went to -- you and Adey went up to Mr. Combs' room?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Why did you go up to Mr. Combs' room?
ISRAEL FLOREZ: So we can remind him of the hotel rules.
MS. SLAVIK: Did you make it to his room?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Did Mr. Combs come to the door?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: What was his demeanor as he came to the door?
ISRAEL FLOREZ: He opens the door, he closed the door behind him and immediately he pretty much grabbed Adey's phone.
MS. SLAVIK: Can you explain how that came to be, why he grabbed the phone?
ISRAEL FLOREZ: So Adey, he talks with his hands and he talks -- he's always holding his phone. So while he was talking to Mr. Combs, he was doing this. And, obviously, Mr. Combs thought he was being recorded. So he grabbed his phone and he was pretty much saying like -- well, he said are you recording me, and he grabbed the phone. And as he did that, then I pretty much pinned him to the wall and told him to let go of Adey's phone.
MS. SLAVIK: How did Mr. Combs respond to you pinning him to the wall?
ISRAEL FLOREZ: I told him to let go, let go of the phone. He eventually did because Adey was like I'll show you my phone, I'll show you my phone. So then Adey, you know, was just trying to deescalate the situation. He pretty much opened his phone and said I'm not recording you, and he showed everything. So kind of deescalated the situation.
MS. SLAVIK: What happened next?
ISRAEL FLOREZ: Just told him the same thing I had told him, like everything that happened in the lobby is going to be charged to your room, and he reminded him that it was checkout so he needed to check out by 3:00 p.m.
MS. SLAVIK: Now, you said that you had seen another man in the hotel room when you first responded to the incident; is that right?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: During this interaction involving Mr. Combs and Adey, did you see that man in the room again?
ISRAEL FLOREZ: No, ma'am.
MS. SLAVIK: Why not?
ISRAEL FLOREZ: The door was closed behind him.
MS. SLAVIK: Did you leave Mr. Combs' room after this interaction?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Did you do anything else before leaving the sixth floor?
ISRAEL FLOREZ: Yeah. We went to the elevator lobby, and I don't remember if it was me or Adey, but one of us took pictures of the lobby.
MS. SLAVIK: Why?
ISRAEL FLOREZ: It was property damage, and obviously there was broken stuff so we needed to, one, attach it to the e-mail that I was eventually going to send. And, two, so we can send to the housekeeper so she can tell the house men to clean it up.
MS. SLAVIK: Where did you go next, Officer Florez?
ISRAEL FLOREZ: We went down to the lobby. I just told them that I would send the e-mail as soon as I can. And I went back to security office.
MS. SLAVIK: You went back to the security office?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: And what did you do when you returned to the security office?
ISRAEL FLOREZ: I started writing the e-mail of what had happened.
MS. SLAVIK: The e-mail incident report?
ISRAEL FLOREZ: Yes.
MS. SLAVIK: Can you just remind the jury what an incident report is?
ISRAEL FLOREZ: Just anything that happened in the incident so the who, what, when, where, and why.
MS. SLAVIK: Ms. Gavin, can you please publish for the witness, the Court, and the parties only the first two pages of Government Exhibit 7R-141.
MS. SLAVIK: Officer Florez, do you recognize the document on the screen in front of you?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: What is it?
ISRAEL FLOREZ: It's the incident report that I sent out.
MS. SLAVIK: How do you know?
ISRAEL FLOREZ: My name is on it and hotel security e-mail is on top.
MS. SLAVIK: Did you draft this incident report at or near the time of the actual incident on March 5th, 2016?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Did you draft and send incident reports like these in the course of your duties as a security officer at the InterContinental Hotel?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Was drafting and sending reports a regular practice when you were a security officer at the InterContinental?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: The government offers Government Exhibit 7R-141 into evidence.
THE COURT: All right. 7R-141 will be admitted.
MR. STEEL: Same objection.
THE COURT: Noted.
MR. STEEL: Thank you.
(Government's Exhibit 7R-141 received in evidence)
MS. SLAVIK: Ms. Gavin, can you publish this exhibit for the jury, please.
MS. SLAVIK: Officer Florez, can you explain to the jury what they're looking at here?
ISRAEL FLOREZ: The incident report.
MS. SLAVIK: And did you draft and send this document?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Ms. Gavin, could you zoom in on the top portion of the e-mail?
MS. SLAVIK: Officer Florez, do you see the from line?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: And what e-mail address is that?
ISRAEL FLOREZ: That's the security office e-mail.
MS. SLAVIK: And who was this e-mail sent to?
ISRAEL FLOREZ: Adey, who was the front desk assistant manager. Bill Medrano, who was my -- who was my director. And the hotel committee, which is all the department heads of the hotel. And Sandy, who was the housekeeping manager.
MS. SLAVIK: What is the subject of the e-mail?
ISRAEL FLOREZ: It says pics from sixth floor, from the sixth floor.
MS. SLAVIK: And what about the time and -- the date and time that the e-mail was sent?
ISRAEL FLOREZ: March 5th, 2016, at 3:00 p.m.
MS. SLAVIK: Now, you testified earlier that you responded to the incident around 11:00 a.m. that day; is that right?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Is the date and time of this e-mail consistent with your recollection of when you sent the incident report?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: You can zoom out, Ms. Gavin. Thank you.
MS. SLAVIK: Now, Officer Florez, without going line by line, can you just give an overview of what's in the body of this incident report?
ISRAEL FLOREZ: It's pretty much the incident from start to finish. The date, time, when I received the call, and just the incident of me interacting with both the individuals.
MS. SLAVIK: Did you include the individual's names in the incident report?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Now, you mentioned that you had seen another man in the hotel room. Did you include that fact in the incident report?
ISRAEL FLOREZ: No, ma'am.
MS. SLAVIK: Why not?
ISRAEL FLOREZ: He was -- he was irrelevant. When I got there, he was in -- wasn't at the incident. When we got into the room, he didn't talk to nobody. So he was just someone that was just there.
MS. SLAVIK: And when you say when you got there, he wasn't part of the incident; you mean when you got to the elevator lobby, he wasn't there?
ISRAEL FLOREZ: Correct.
MS. SLAVIK: Ms. Gavin, can you put up pages three and four of this document side by side.
MS. SLAVIK: Officer Florez, what is depicted in these photos here?
ISRAEL FLOREZ: The broken or the damage that was in the sixth floor.
MS. SLAVIK: Who took these photos?
ISRAEL FLOREZ: Like I said, it was either me or Adey that took them.
MS. SLAVIK: Do these photos fairly and accurately depict the condition of the sixth floor elevator lobby when you responded to the incident?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: And what was the purpose of attaching these photos to the incident report?
ISRAEL FLOREZ: Again, it was kind of to let them know what had happened, the damage, and also so that the housekeeping manager can see what she needed to do to send the house men and what the house men needed to take to clean that -- the damage.
MS. SLAVIK: Ms. Gavin, can you put up pages five and six of this document side by side.
MS. SLAVIK: Officer Florez, what is depicted in these photos here?
ISRAEL FLOREZ: That's dirt splattered on the wall, and then that's the flowers that were in the corner.
MS. SLAVIK: Do these photos accurately depict the wall area of the sixth floor lobby when you responded to the incident?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Thank you, Ms. Gavin. You can take this down.
MS. SLAVIK: Now, Officer Florez, after you sent the incident report that we just looked at, who, if anyone, contacted you?
ISRAEL FLOREZ: The only one that contacted me was my director.
MS. SLAVIK: And remind the jury who that was?
ISRAEL FLOREZ: Bill Medrano.
MS. SLAVIK: What, if anything, did Mr. Medrano tell you to do?
ISRAEL FLOREZ: Obviously he had reviewed the e-mail and all he told me was to --
MR. STEEL: Objection. Hearsay.
THE COURT: Overruled.
MS. SLAVIK: You can answer.
ISRAEL FLOREZ: He told me to review the footage and then add anything else that was -- that I observed on the footage to the e-mail.
MS. SLAVIK: On the video surveillance footage?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: So did you review the video surveillance footage?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: When did you review the video surveillance footage?
ISRAEL FLOREZ: Almost simultaneously when he was -- when we were talking on the phone, I started reviewing. And then I was pretty much telling him what I was seeing, and then that's when he said, okay, add that to the e-mail.
MS. SLAVIK: And why did you review the video surveillance?
ISRAEL FLOREZ: Same thing, he had told me to review, make sure that there was nothing else that we missed on the first e-mail.
MS. SLAVIK: Your Honor, may I have permission to approach the witness.
THE COURT: You may.
MS. SLAVIK: Officer Florez, I've put a drive in front of you. Do you recognize this thumb drive?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: How do you recognize it?
ISRAEL FLOREZ: It's the drive that has about five videos.
MS. SLAVIK: Did you review the contents of the drive?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: When?
ISRAEL FLOREZ: Yesterday.
MS. SLAVIK: And did you initial the tag attached to the drive after you reviewed it?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Do you see your initials on that tag right there?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: And, again, what is on this drive?
ISRAEL FLOREZ: It's two cell phone -- videos that I took, and three other camera footages.
MS. SLAVIK: Are you in certain of these videos?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Do the contents of the drive fairly and accurately depict what you saw on March 5th, 2016?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Is that true of each file on the drive?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Your Honor, the government offers into evidence the contents of this drive. That's Government Exhibits 3B-101, 3B-102, 10C-103, 10C-104, and 10C-105.
THE COURT: All right. Are there any objections that the Court has not previously addressed?
MR. STEEL: Based -- no.
THE COURT: All right. These exhibits will be admitted.
(Government's Exhibits 3B-101, 3B-102, 10C-103, 10C-104, 10C-105 received in evidence)
MS. SLAVIK: Ms. Gavin, can you please publish Government Exhibit 10C-103.
MS. SLAVIK: Now, we're going to play this video, Officer Florez, but before we play it, can you just describe to the jury what we're looking at here on the screen?
ISRAEL FLOREZ: That's the sixth floor elevator lobby.
MS. SLAVIK: And do you see the time stamps at the top of the video?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: What do they say?
ISRAEL FLOREZ: It says March 5th, 2016, 11:10 a.m.
MS. SLAVIK: And is that generally consistent with your recollection of when this incident took place?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Ms. Gavin, could you please play the video all the way through and then we'll go back and walk through specific segments.
(Video played)
(Continued on next page)
BY MS. SLAVIK:
MS. SLAVIK: Officer Florez, I want to walk through this video segment by segment. But first, did the video surveillance at the InterContinental have audio?
ISRAEL FLOREZ: No, ma'am.
MS. SLAVIK: Ms. Gavin, could you restart and play the video through 29 seconds.
MS. SLAVIK: Officer Florez, who is this?
ISRAEL FLOREZ: Ms. Cassie.
(Video played)
MS. SLAVIK: Do you notice the pixelation in this video?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Was that typical of the video surveillance system used at the InterContinental in March 2016?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Ms. Gavin, please play through 31 seconds.
MS. SLAVIK: Who is this individual, Officer Florez?
ISRAEL FLOREZ: That's Mr. Combs.
(Video played)
MS. SLAVIK: Ms. Gavin, please continue playing through 56 seconds.
(Video played)
MS. SLAVIK: Officer Florez, have you seen this video before you responded to the incident on the sixth floor?
ISRAEL FLOREZ: No, ma'am.
MS. SLAVIK: Ms. Gavin, please listen playing through 1:16.
(Video played)
MS. SLAVIK: What is happening here, Officer Florez?
ISRAEL FLOREZ: She picked up the phone so it pretty much went straight to instant services.
MS. SLAVIK: This is the phone that connected to instant services that you described earlier?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Ms. Gavin, could you continue playing through 1:26, please.
(Video played)
MS. SLAVIK: Now, Officer Florez, did you notice how the video kind of jumped right there?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Was that typical of the video surveillance system as well?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Ms. Gavin, please continue playing through 2:14.
(Video played)
MS. SLAVIK: Now, first, Officer Florez, can you remind the jury of what Cassie said as she was heading back to the room?
ISRAEL FLOREZ: Um, she just wanted to get her phone and her bag and wanted to leave.
MS. SLAVIK: And can you remind the jury of what you found when you arrived at the elevator lobby?
ISRAEL FLOREZ: Um, the broken vase and flowers that were ...
MS. SLAVIK: And these were depicted in the photos that we just looked at?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Ms. Gavin, can you play the video to the end, please.
(Video played)
MS. SLAVIK: Now, Officer Florez, what do you see here at the very end of this video?
ISRAEL FLOREZ: It's me coming out of the elevator -- the lobby.
MS. SLAVIK: That's you?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Ms. Gavin, could you please publish what is in evidence as Government Exhibit 10C-104.
MS. SLAVIK: Now, Officer Florez, before we start playing this video, can you explain to the jury what we're looking at here?
ISRAEL FLOREZ: We're looking at the north hallway of the sixth floor.
MS. SLAVIK: So where in relation to this, to the video that we see on this screen, is the elevator lobby that we saw in the previous video?
ISRAEL FLOREZ: To the right.
MS. SLAVIK: Those doors to the right?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Ms. Gavin, could you please start at 3:19 and play to 3:24.
(Video played)
MS. SLAVIK: Who do you see in that little clip that we just played, Officer Florez?
ISRAEL FLOREZ: Ms. Cassie going south on the hallway and me going back to the lobby.
MS. SLAVIK: Ms. Gavin, I want you to continue playing through 7:07.
MS. SLAVIK: Officer Florez, I'm going to ask you some questions as we play the video.
(Video played)
MS. SLAVIK: Now, who is in this frame?
ISRAEL FLOREZ: Myself and Mr. Combs.
MS. SLAVIK: And what was happening here?
ISRAEL FLOREZ: Pretty much just escorting him back to his room.
MS. SLAVIK: What, if anything, was Mr. Combs saying at this time?
ISRAEL FLOREZ: I don't remember, but I'm sure I was just letting him know, like, we got to go back to your room.
(Video played)
MS. SLAVIK: Now, here, around this 4:48 timestamp, what's happening here?
ISRAEL FLOREZ: Um, Ms. Cassie is coming back north on the hallway.
MS. SLAVIK: And what, if anything, was Mr. Combs saying to Cassie?
ISRAEL FLOREZ: Pretty much started to argue again. I'm trying to deescalate telling him to go back to the room.
(Video played)
MS. SLAVIK: Here, around the 5:22 timestamp, what is happening here?
ISRAEL FLOREZ: That's when she is saying she wants to get her cell phone and her bag and she wants to leave.
MS. SLAVIK: And she's heading towards the room?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: This is around the 5:51 timestamp. Who is this?
ISRAEL FLOREZ: It's a house man that's in charge of that floor.
MS. SLAVIK: Was he involved in the incident at all?
ISRAEL FLOREZ: No, ma'am.
MS. SLAVIK: And that is around the 6:17 timestamp. Who is this in the frame?
ISRAEL FLOREZ: That's Ms. Cassie going back to the lobby, elevator lobby.
MS. SLAVIK: Here around the 6:38 timestamp, who is this?
ISRAEL FLOREZ: That's me.
MS. SLAVIK: Where were you going?
ISRAEL FLOREZ: Going to catch up to Ms. Cassie.
MS. SLAVIK: Why did you go down this hall?
ISRAEL FLOREZ: So what I was checking was the stairwell that leads to the bottom floor. And I didn't see her in the lobby, so either she had gotten in or she probably went through the stairs. So I was checking to see if I can hear her going down the stairs.
MS. SLAVIK: You were just checking for Cassie?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Thank you, Ms. Gavin. You can take this down.
MS. SLAVIK: Now, Officer Florez, had you reviewed this video surveillance before you sent the incident report?
ISRAEL FLOREZ: No, ma'am.
MS. SLAVIK: And after viewing the video surveillance, did you call the police?
MS. SLAVIK: Why not?
ISRAEL FLOREZ: Um, after speaking to her, she didn't -- she didn't respond to any of my questions. She was just saying I wants to leave. I just want to leave. And even when I offered her, like, hey, the cops can go to the back of the building, nobody is going see, she just kept saying, I just want to leave. So there was no victim there. Obviously, nobody was pressing charges. And then by the time I did draft up the e-mail, nobody -- everybody was gone, because Mr. Combs had left already.
MS. SLAVIK: At that point, did you have -- well, did you know who Cassie was at that point?
MS. SLAVIK: Did you have any of her contact information?
MS. SLAVIK: Now, can we pull up the incident report at 7R-141, please, Ms. Gavin. Can you highlight the third paragraph.
MS. SLAVIK: Officer Florez, you just said that at the point that you drafted and sent the incident report, Mr. Combs had left the hotel, is that right?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Can you remind the jury what the manager told Mr. Combs when you were at the -- Mr. Combs' hotel door?
ISRAEL FLOREZ: Um, pretty much the same thing. Um, that everything that had happened in the elevator lobby was going to be charged to the room, and he reminded him that checkout was -- was coming up, so he needed to check out and leave.
MS. SLAVIK: And focusing on one of the, I guess, third to the last sentence, starting with he saw MOD Adey holding his phone.
MS. SLAVIK: Ms. Gavin, can you just highlight that sentence.
MS. SLAVIK: Officer Florez, can you read beginning at no one was recording?
ISRAEL FLOREZ: No one was recording him, that the safety and the privacy of the guest is important to the hotel, and if he tried to do something like that, he would get kicked out and escorted off the property by LAPD.
MS. SLAVIK: That's the Los Angeles Police Department?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Thank you, Ms. Gavin. You can take that down.
MS. SLAVIK: And you said that Mr. Combs did eventually leave the hotel?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Now, going back to your review of the video surveillance. What, if anything, did you add to the incident report after you reviewed the video surveillance?
ISRAEL FLOREZ: Pretty much the whole, like, altercation between him and her.
MS. SLAVIK: You included a description of that altercation?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Did you attach the video to the supplemented incident report?
ISRAEL FLOREZ: No, ma'am.
MS. SLAVIK: Why not?
ISRAEL FLOREZ: I had no way of doing that, no password, and I didn't know how to do that.
MS. SLAVIK: Now, Officer Florez, what else, if anything, did you do with the video surveillance capturing this incident?
ISRAEL FLOREZ: Um, can you repeat that? I'm sorry.
MS. SLAVIK: Did you do anything else with the video surveillance after you reviewed it?
ISRAEL FLOREZ: Oh, yeah. I recorded two, I guess, two videos of the video.
MS. SLAVIK: How did you record those two videos?
ISRAEL FLOREZ: With my cell phone.
MS. SLAVIK: What kind of phone did you have?
ISRAEL FLOREZ: An iPhone.
MS. SLAVIK: Why did you record it with your iPhone?
ISRAEL FLOREZ: Um, again, I was going home. And if I would have told my wife, Hey, this is what happened, she wouldn't have believed me. So, here's a video.
MS. SLAVIK: When did you make these cell phone recordings?
ISRAEL FLOREZ: Um, right after while I was still at work that same day.
MS. SLAVIK: Ms. Gavin, can you please publish what's in evidence as Government Exhibit 3B-102.
MS. SLAVIK: Officer Florez, before we start this video, can you just explain what we're looking at?
ISRAEL FLOREZ: Um, the sixth floor elevator lobby.
MS. SLAVIK: And what video is this?
ISRAEL FLOREZ: This is mine.
MS. SLAVIK: One of your cell phone videos?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Ms. Gavin, can you play the video.
MS. SLAVIK: And, Officer Florez, can you just talk us through what's happening?
(Video played)
MS. SLAVIK: Actually, pause please. Officer Florez, is there sound in this video?
ISRAEL FLOREZ: Background noise, yes.
MS. SLAVIK: What do you mean by background noise?
ISRAEL FLOREZ: I was recording with my phone, so anything that was happening in the office, you'll be able to hear it.
MS. SLAVIK: Thank you.
MS. SLAVIK: Keep playing Ms. Gavin, please.
(Video played)
MS. SLAVIK: What is happening here, Officer Florez?
ISRAEL FLOREZ: I'm pretty much explaining everything that I'm seeing and that they had to go to their room. I'm telling them, like, obviously there is damage to the lobby, so that's going to -- that needs to get fixed and it is going to be charged to the room.
(Video played)
MS. SLAVIK: Who was that?
ISRAEL FLOREZ: That was me.
MS. SLAVIK: Officer Florez, was the portion of the video that we just watched, was that portion captured on the videos that we watched just a moment ago?
MS. SLAVIK: Did you record any other portions of this incident?
ISRAEL FLOREZ: Um, just an altercation between them two and this one.
MS. SLAVIK: Ms. Gavin, could you please publish Government Exhibit 3B-101, and could you start playing the video.
(Video played)
MS. SLAVIK: Whose voice could you just hear, Officer Florez?
ISRAEL FLOREZ: That was Henry. Henry Elias.
MS. SLAVIK: Another security officer?
ISRAEL FLOREZ: Yes, ma'am.
(Video played)
MS. SLAVIK: Now, going back to 146, please, Ms. Gavin. And thank you.
MS. SLAVIK: Officer Florez, what do you see towards the back of the video?
ISRAEL FLOREZ: Um, what do you mean?
MS. SLAVIK: Like, in the back of the video, what do you see?
ISRAEL FLOREZ: I see Mr. Combs sitting down.
MS. SLAVIK: And how is that reflected?
ISRAEL FLOREZ: Um, backwards, I guess. I don't know.
MS. SLAVIK: In other words, can you explain the layout of the sixth floor lobby?
ISRAEL FLOREZ: Um, yeah. So he's, obviously, in the mirror. You can see that he's on the right side, but he's actually on the left.
MS. SLAVIK: In other words, the image that you see of Mr. Combs sitting in the chair, that's him being reflected in the mirror?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Can you continue to play, Ms. Gavin, through the end.
(Video played)
MS. SLAVIK: Thank you. You can take that down, Ms. Gavin.
MS. SLAVIK: Officer Florez, did you record any other portion of the video surveillance of this incident?
ISRAEL FLOREZ: No, ma'am.
MS. SLAVIK: Did you download the videos from the hotel's computers?
ISRAEL FLOREZ: No, ma'am.
MS. SLAVIK: Why not?
ISRAEL FLOREZ: Like I said, I didn't have no password and I didn't know how to do that. Only the director knew how to do that.
MS. SLAVIK: Besides these two videos that you recorded with your iPhone, do you have any other copies of the video surveillance?
ISRAEL FLOREZ: No, just the ones that I recorded.
MS. SLAVIK: Now, you mentioned that you discussed the incident with your supervisor, Bill Medrano, is that right?
ISRAEL FLOREZ: Yes.
MS. SLAVIK: Who else at Securitas, if anyone, did you discuss the incident with?
ISRAEL FLOREZ: The incoming security guards. Again, I had to give them a pass-down. I explained to them what had happened, showed them the video, just so they know what happened, pretty much.
MS. SLAVIK: And who specifically were those guards that you gave the pass-down to?
ISRAEL FLOREZ: Um, the afternoon supervisor and the incoming guards.
MS. SLAVIK: Who were they?
ISRAEL FLOREZ: It was Eddie, who was the afternoon supervisor, and then I can't remember the other guy's name.
MS. SLAVIK: What is Eddie's last name?
ISRAEL FLOREZ: Garcia.
MS. SLAVIK: What else, if anything, did you do to document the incident before you left that day?
ISRAEL FLOREZ: Just the e-mail and the pass-down book that I had stated earlier.
MS. SLAVIK: Did you work the following day?
ISRAEL FLOREZ: No, ma'am.
MS. SLAVIK: Why not?
ISRAEL FLOREZ: My days off were Sunday, Monday.
MS. SLAVIK: When was the next day that you returned to work?
ISRAEL FLOREZ: On Tuesday.
MS. SLAVIK: Did you try to view the video surveillance footage when you returned to work?
ISRAEL FLOREZ: I did.
MS. SLAVIK: One of the guards that wasn't there, I'm not sure if he was on vacation or something. He wasn't there. He comes up -- obviously, he get there. He said, Hey, I've been trying to see the video you've been talking about. I can't see it. Oh, I know where it's at, right. So I go on the camera system and I try to, like, review it, but the camera is blue. So, it was typical for those cameras to go to, like, to go off, so we didn't think anything of it. Like, it's gone, pretty much.
MS. SLAVIK: What did you do when the video wasn't available?
ISRAEL FLOREZ: I told him that I had taken a video of with my phone. I showed him with my phone.
MS. SLAVIK: Did you see the video surveillance footage again after March 2016?
ISRAEL FLOREZ: Yes.
MS. SLAVIK: Under what circumstances?
ISRAEL FLOREZ: On the news.
MS. SLAVIK: And when was that that you saw the video in the news?
ISRAEL FLOREZ: Last year. Last year, May, something like that.
MS. SLAVIK: Just a moment, your Honor. Nothing further.
THE COURT: All right. Cross-examination.
CROSS-EXAMINATION BY MR. STEEL:
MR. STEEL: By March 5, 2016, you were employed with this company for approximately eight, nine years, is that fair to say?
ISRAEL FLOREZ: Yes.
MR. STEEL: And you've written incident reports before, is that true?
ISRAEL FLOREZ: Yes.
MR. STEEL: And in the incident report, you told the ladies and gentlemen of the jury it's the who, why, where, when, what, in the incident report, basically every detail, is that fair to say?
ISRAEL FLOREZ: Yes.
MR. STEEL: And the reason that you do every detail is because, or significant detail, is because it's important because later other people who did not witness what you witnessed may want to review your notes, that fair to say?
ISRAEL FLOREZ: Yeah. The hotel staff, yes.
MR. STEEL: It also helps you memorialize for your memory what was significant during that time, true?
ISRAEL FLOREZ: Yeah.
MR. STEEL: So we don't have to rely on your memory, it's now 2025, so we're approximately nine years after March 5, 2016, right?
ISRAEL FLOREZ: Um-hmm, yes.
MR. STEEL: So that incident report that is marked and admitted into evidence that the jury saw, that is a good rendition by you, best of your ability at that time, fair to say?
ISRAEL FLOREZ: I remember everything in detail, yes.
MR. STEEL: And that is why you make it promptly, you made it during or right after your shift that day, right?
ISRAEL FLOREZ: Yes.
MR. STEEL: That's why you send it out to all these other people, so you can get feedback if anything is missing, like you did in this case, true?
ISRAEL FLOREZ: Yes.
MR. STEEL: You get to review it, right, you read it over before you send out the e-mail?
ISRAEL FLOREZ: Yes.
MR. STEEL: And this is something that is not unique, it's part of your training, your experience, and what you do in that position?
ISRAEL FLOREZ: Yes.
MR. STEEL: Now I would like to ask you a couple of things about that report, that incident report that you did. Just you explain, if you don't mind. You mentioned that when you get off the elevator, the first time you get off the elevator, approximately 11:14, 11:15 a.m. Pacific time that day. OK. You describe Mr. Combs as having a devilish, scary look in his face. Do you remember saying that to the jury?
ISRAEL FLOREZ: Yes.
MR. STEEL: If you need to review it, where in your report, that incident report, do you ever describe Mr. Combs like that?
ISRAEL FLOREZ: It's not -- it's -- that's my opinion, so it had nothing to do with the incident.
MR. STEEL: OK. That has nothing to do with what happened that day, is that what you're saying?
ISRAEL FLOREZ: Yeah, with the incident.
MR. STEEL: That is just your opinion now?
ISRAEL FLOREZ: Correct. No, it was my opinion then and now.
MR. STEEL: But you didn't put that in the report?
ISRAEL FLOREZ: Again, it was my opinion.
MR. STEEL: Answer my question, if you don't mind. It's not in the report, true?
MR. STEEL: And when you get off the elevator, you have something in your hand. Can you tell the ladies and gentlemen of the jury what that is?
ISRAEL FLOREZ: My radio.
MR. STEEL: And tell us who the radio communicates with, if you don't mind?
ISRAEL FLOREZ: The security officers.
MR. STEEL: Before you even went up to the sixth floor, the reason that you called your coworkers to come closer, come off the outside perimeter and come off the other interior of the building and come to the base, true?
ISRAEL FLOREZ: Yes.
MR. STEEL: And you did that because you really don't know what you're getting into and you may need assistance, is that fair to say?
ISRAEL FLOREZ: Yes.
MR. STEEL: And they may need assistance, whereby you say you even have to call outside assistance like the Los Angeles Police Department or the LAPD, true?
ISRAEL FLOREZ: Correct.
MR. STEEL: So there in the base, you have your walkie-talkie, excuse me, your radio, and you never call for assistance, right?
MR. STEEL: Mr. Combs did not attack you?
MR. STEEL: True?
ISRAEL FLOREZ: Yeah.
MR. STEEL: He was cordial to you, that's my word, but you describe it any way you want?
ISRAEL FLOREZ: Yeah.
MR. STEEL: He was cooperative, right?
ISRAEL FLOREZ: Yes.
MR. STEEL: And when you see it, and everyone saw it on the video, he's actually, when you first come, he's sitting in a chair, fair to say?
ISRAEL FLOREZ: Yeah.
MR. STEEL: And we see him reverse, like you said, because it's through a mirror, so everything is transposed, true?
ISRAEL FLOREZ: Yeah.
MR. STEEL: And he doesn't make any aggressive movements towards you?
ISRAEL FLOREZ: True.
MR. STEEL: You don't see him make any aggressive movements towards the lady, do you?
MR. STEEL: Now, you say that the young lady Cassie has a purple eye. Do you remember telling the jurors that?
ISRAEL FLOREZ: Yes.
MR. STEEL: Tell the ladies and gentlemen of the jury, where in your report -- if you need to see it, it's no problem -- you wrote that she has any type of discoloration to her eye?
ISRAEL FLOREZ: Um, I don't recall on my report.
MR. STEEL: Do you need to see it?
ISRAEL FLOREZ: Sure.
MR. STEEL: Your Honor, with the court's permission, it's already in evidence over objection, 7R-141.
MR. STEEL: If you can just scan this, take as much time as you need. If you need it blown up, just please tell the gentleman, he will do it. Point to the jurors and where you say that Cassie has a purple eye.
ISRAEL FLOREZ: It doesn't.
MR. STEEL: I could not hear. I apologize.
ISRAEL FLOREZ: It doesn't.
MR. STEEL: It does not?
ISRAEL FLOREZ: No, not on this e-mail.
MR. STEEL: Now, that would be significant, wouldn't it?
ISRAEL FLOREZ: Yeah.
MR. STEEL: Because you have to know if somebody gets injured on your property. That's important for not only you, but your coworkers to know, true?
ISRAEL FLOREZ: Correct.
MR. STEEL: There could be civil lawsuits, right?
ISRAEL FLOREZ: Yeah.
MR. STEEL: Law enforcement could get involved, right?
ISRAEL FLOREZ: Yeah.
MR. STEEL: Now, in this particular case, just make it clear, just please make it clear, was there any law enforcement involvment in this case from your knowledge?
ISRAEL FLOREZ: No, we didn't call them.
MR. STEEL: Did anybody -- And when you say we didn't call them, did anybody, to your knowledge, alert law enforcement to come out and investigate this case at that time?
ISRAEL FLOREZ: No, sir.
MR. STEEL: You took the time to video to show your wife. Do you remember --
ISRAEL FLOREZ: Yeah.
MR. STEEL: -- you explained that to the ladies and gentlemen of the jury?
ISRAEL FLOREZ: Um-hmm.
MR. STEEL: Yes?
ISRAEL FLOREZ: Yes.
MR. STEEL: And you, in fact, kept that video, right?
ISRAEL FLOREZ: Correct.
MR. STEEL: And people were talking about this even after your day off, come back. Another officer said, Hey, would you do me a favor and take your time and show me the video. Remember looking at it and it self-erased you thought?
ISRAEL FLOREZ: Yes.
MR. STEEL: You then showed your other coworker your video on your cell phone, right?
ISRAEL FLOREZ: Yes.
MR. STEEL: And never during any of that time, to your knowledge, was law enforcement called, true?
ISRAEL FLOREZ: Correct.
MR. STEEL: OK. Now, when you talk about Mr. Combs, I think you told the ladies and gentlemen of the jury saying that Cassie wanted to leave the hotel, and he said, You're not leaving, or something to that effect. Do you remember that?
ISRAEL FLOREZ: Yes, sir.
MR. STEEL: OK. So with the court's permission, it's already in evidence over objection, 7R-141. If that can be shown to you, if you need to see it.
MR. STEEL: Tell the ladies and gentlemen of the jury if you put that in your report.
ISRAEL FLOREZ: I'm sorry. What was the question?
MR. STEEL: Where in your report, or if it is in your report, I'll ask first, did you ever say that Mr. Combs -- excuse me -- that Cassie said, I'm leaving the hotel, and Mr. Combs said something to the effect of, You're not leaving?
ISRAEL FLOREZ: Um, I don't believe it's in the report.
MR. STEEL: In fact, the opposite is in your report, isn't it?
ISRAEL FLOREZ: Um, what part?
MR. STEEL: Mr. Combs -- it's in the second paragraph, if you need to see it, fifth line. Mr. Combs. We walked over -- its in the center of the fifth line -- we walked over to his room, 602. Meaning Mr. Combs' room, right?
ISRAEL FLOREZ: Yes.
MR. STEEL: And when we went -- when he -- excuse me -- went inside, it says, and Miss CC was told to leave by Mr. Combs, so she did just that. Do you see that?
ISRAEL FLOREZ: Yes.
MR. STEEL: So tell -- you can look at everything -- where in here did you ever write what you told the jurors today, the significant fact that Mr. Combs told Cassie she could not leave that hotel?
ISRAEL FLOREZ: At that point, I didn't believe it was a significant fact because, again, they are just going back and forth. So I'm not going to put something, like, he told her off. I'm not going to say that. He said to leave eventually, and she left.
MR. STEEL: So you wrote down what you just said, that Mr. Combs told Cassie to leave?
ISRAEL FLOREZ: Yeah.
MR. STEEL: And she left, but you didn't write down that Mr. Combs told her she could not leave?
ISRAEL FLOREZ: Yeah, because it's not -- it's not important. That's him just telling her don't leave, and me telling him, she is going to leave. And then he says, you're going to leave. So, of course, I don't put he told her that she needs to leave.
MR. STEEL: Officer, if it's not important, we're talking about nine years later.
ISRAEL FLOREZ: Correct.
MR. STEEL: You remember the unimportant detail nine years later, but it's not important enough --
ISRAEL FLOREZ: I remember most of the incident, sir.
MR. STEEL: Let me just finish the question.
ISRAEL FLOREZ: All right.
MR. STEEL: It's not important enough to write in the report that you're sworn to do at that time to put in all of the important information, yet you remember to this day, that's what you're telling the jury?
MS. SLAVIK: Objection.
THE COURT: It's overruled.
ISRAEL FLOREZ: I wasn't sworn to do it. It's observing reports, sir. So whatever -- as a security guard, whatever I put in the report, that's pretty much what it is.
MR. STEEL: With regards to the bribe, do you remember telling the jurors that Mr. Combs held up a stack of money, you noticed a $100 bill. And you're fair. You say you don't know what the other bills were.
ISRAEL FLOREZ: Correct.
MR. STEEL: They could have been dollar bills, I guess is what you're saying.
ISRAEL FLOREZ: Correct.
MR. STEEL: But you took that as a bribe, right?
ISRAEL FLOREZ: What do you mean I took that as a bribe? What he was offering?
MR. STEEL: Well, I was just using your word. Maybe I misheard you.
ISRAEL FLOREZ: Yeah.
MR. STEEL: On direct examination with the prosecutor, you used the word it was a bribe?
ISRAEL FLOREZ: 100 percent.
MR. STEEL: OK. So that's what I'm talking about.
MR. STEEL: Now, before going -- that was at the room. Do you remember telling the jurors that?
ISRAEL FLOREZ: Outside the room, yes.
MR. STEEL: That you were already leaving, just to set the stage, you were walking back towards the elevator hallway or elevator lobby?
ISRAEL FLOREZ: Correct.
MR. STEEL: And you wanted to see if you could catch up to Cassie?
ISRAEL FLOREZ: Yes.
MR. STEEL: She had already left?
ISRAEL FLOREZ: Yes.
MR. STEEL: Mr. Combs was in his room?
ISRAEL FLOREZ: Yes.
MR. STEEL: No incident, right?
ISRAEL FLOREZ: Correct.
MR. STEEL: And when Mr. Combs then says to you, I'm not saying shout, but gets your attention, holds up his hand the way you describe, holding the money, whatever amount of money it is, you took that, you said it was a bribe. I want to ask you a couple of questions. OK?
ISRAEL FLOREZ: Yeah. Go ahead.
MR. STEEL: When you first saw Mr. Combs and he's still sitting in that chair, when you're first off the elevator, you made it known -- I guess it's obvious -- but you made it known that Mr. Combs is going to have to pay for the damage?
ISRAEL FLOREZ: Yeah.
MR. STEEL: And later you explained to Mr. Combs on the way down to the hallway, correct me if I'm wrong, that he's going to have to pay for that damage, right?
ISRAEL FLOREZ: Yes.
MR. STEEL: And then when you get to his room, he has a stack of money and he holds it up to you, right?
ISRAEL FLOREZ: Correct.
MR. STEEL: And you take that as a bribe?
ISRAEL FLOREZ: Yeah, that -- definitely.
MR. STEEL: OK. Now, with regards to Mr. Combs having money on him when you first see him in the chair, is it fair to say, to your knowledge, he's really in a towel and socks, is that what it looked like?
ISRAEL FLOREZ: Yeah. That was what he was wearing.
MR. STEEL: He didn't have any access to have any money, to have money on him at that time?
ISRAEL FLOREZ: Correct.
MR. STEEL: He couldn't give you any money --
ISRAEL FLOREZ: We don't take money.
MR. STEEL: I'm not saying you would take it. He didn't offer you any money, let me put it that way, when he was in the chair. He didn't have access to money, right?
ISRAEL FLOREZ: Correct.
MR. STEEL: OK. Now I want to talk to you about the gentleman who you say you saw in the bedroom or in the hotel room. OK?
ISRAEL FLOREZ: Um-hmm.
MR. STEEL: So you describe to the ladies and gentlemen of the jury that there's a gentleman, when you are walking down the hallway with Mr. Combs, Cassie is behind you, she needs her items, you said a bag, right?
ISRAEL FLOREZ: Yeah.
MR. STEEL: Cell phone?
ISRAEL FLOREZ: Cell phone and a bag.
MR. STEEL: Fair?
ISRAEL FLOREZ: Yes, sir.
MR. STEEL: Mr. Combs enters the room. There is no way to have this on video, and that's just the way it's set up. You see the hallway, but you don't see the entrance to the room, right?
ISRAEL FLOREZ: Correct.
MR. STEEL: And you describe it that Cassie is in the room with Mr. Combs and you wanted to observe them. That was just part of your job, fair?
ISRAEL FLOREZ: Correct.
MR. STEEL: And that is when you tell the ladies and gentlemen of the jury that there is this other third party, right?
ISRAEL FLOREZ: Yes.
MR. STEEL: OK. I would like you to explain why, in your incident report, that is not there, if there is any more explanation than what you said on direct?
ISRAEL FLOREZ: No, same thing. It was irrelevant. He didn't engage with nobody and he wasn't at the lobby as well.
MR. STEEL: But, again, you just remember that nine years later?
ISRAEL FLOREZ: Yeah. Anybody would remember an extra person sitting in the corner of a bed not doing anything.
MR. STEEL: Why?
ISRAEL FLOREZ: Because this is an altercation going on, and then there is just someone just sitting there. That's probably something that I would remember.
MR. STEEL: Did you think it would be important at that time to ask that gentleman for his name?
MR. STEEL: Why?
ISRAEL FLOREZ: Because he wasn't involved in their altercation or what they were arguing about.
MR. STEEL: How do you know?
ISRAEL FLOREZ: Because he wasn't talking to nobody.
MR. STEEL: Did you ever follow up on video, because there has to be video of that gentleman leaving the room, right?
ISRAEL FLOREZ: Correct.
MR. STEEL: Did you ever bother to use your cell phone and record that person leaving the room?
MR. STEEL: Did you ever talk to anybody that there was a third party in that room?
ISRAEL FLOREZ: Nope.
MR. STEEL: But you remember it today?
ISRAEL FLOREZ: I remembered it, yes.
MR. STEEL: I want to talk with you about the seven foot gentleman. Do you remember describing that to the jury?
ISRAEL FLOREZ: Yes.
MR. STEEL: That's pretty tall, right?
ISRAEL FLOREZ: Yeah.
MR. STEEL: That's something to remember, right?
ISRAEL FLOREZ: 100 percent.
MR. STEEL: And this is somebody who's in a car, right?
ISRAEL FLOREZ: Outside of a car, yes.
MR. STEEL: And when you say outside of a car, describe what that means?
ISRAEL FLOREZ: He stepped out of the car, approached myself and Cassie, and then that's when he said that she wanted to leave.
MR. STEEL: OK. Do you know who this person is?
ISRAEL FLOREZ: No, sir.
MR. STEEL: Do you know if this person was a member of the family of Cassie or she knew him from other places?
ISRAEL FLOREZ: She didn't know him.
MR. STEEL: How do you know that?
ISRAEL FLOREZ: Because the interaction that they had when I was about to leave.
MR. STEEL: Just the demeanor with each other?
ISRAEL FLOREZ: Yes.
MR. STEEL: OK. NoW, you see the car pull up, right?
ISRAEL FLOREZ: Yes.
MR. STEEL: And you see Cassie then leave with that gentleman, true?
ISRAEL FLOREZ: Yeah. They were talking, and when they came back, they were gone, yeah.
MR. STEEL: I would like you to look at, again, what's been entered into evidence by this Honorable court as 7R-141. It's in the third paragraph. It starts with, I took the elevator down. Do you see that?
ISRAEL FLOREZ: Yes.
MR. STEEL: And you saw Miss CC -- just for the ladies and gentlemen of the jury, CC is the same person we're calling Cassie, right?
ISRAEL FLOREZ: Yes.
MR. STEEL: All right. You advise her that you did not want him, that means Mr. Combs, to see her, so you walked over to the valet office until her ride got there, right?
ISRAEL FLOREZ: Correct.
MR. STEEL: And you asked her that we could -- we would need some information from her, to stand by, and then you walked over to MOD Adey's office. Do you see that?
ISRAEL FLOREZ: Yeah.
MR. STEEL: OK. Do you ever write anything in your report at any time that there was this conversation about the seven foot person saying she's leaving or anything like that?
MR. STEEL: Do you write anything in there, you told the ladies and gentlemen of the jury that Cass -- that you told Cassie, Hey, you could come with me and nobody will see, we'll go to another office and no one will see the law enforcement?
ISRAEL FLOREZ: Nope.
MR. STEEL: That's not in here either, is it?
ISRAEL FLOREZ: No, sir.
MR. STEEL: But you remember all that today?
ISRAEL FLOREZ: 100 percent.
MR. STEEL: Isn't it you important to tell your coworkers and your -- for you, for your memory, that you offered to call law enforcement and the guest refused?
ISRAEL FLOREZ: Um, I guess it goes either way. Because if she refused, I mean, there -- that's where it ends. I don't have to tell anybody. Obviously, I'm the supervisor. I'm the assistant director right now. So if I'm the one that is doing it, then I don't need to tell my guys that that's what I did. If they did it, then they would have told me. Hey, sir, this is what we did. We offered this. They said no.
MR. STEEL: But you're second in command, by that time?
ISRAEL FLOREZ: Correct.
MR. STEEL: You're not in command?
ISRAEL FLOREZ: Nope.
MR. STEEL: Second of all, isn't it important to show that you, as a representative of the hotel, offered to have the patron, who you say had a purple eye, you're encouraging the police to come, you're encouraging the person to call the police, you're encouraging the person to wait with you, wouldn't that all be important to put into your incident report?
ISRAEL FLOREZ: No, because I -- I already had talked to Adey when I went to go get him. I told him exactly what had happened, so I was in conversation with all of them. I didn't need to write it in the email. Like I said, that e-mail just states what happened, and I don't need -- what you're saying is I need to add extra, extra pieces to this e-mail, that have nothing to do with what happened. So if I made a left turn, I'm not going to write I made a left turn, sir.
MR. STEEL: You compare somebody with a purple eye who refused police to somebody making a left turn?
ISRAEL FLOREZ: No. What you're saying is that I needed to put that in there, even though I had already spoken to the hotel manager.
MR. STEEL: All right. Did you describe for the jury that when Mr. Combs thought that Adey was recording him, do you remember that --
ISRAEL FLOREZ: Yes, sir.
MR. STEEL: -- situation? Did you say that you put Mr. Combs against the wall?
ISRAEL FLOREZ: Yes.
MR. STEEL: That's pretty -- that's a pretty aggressive move, wouldn't you say that?
ISRAEL FLOREZ: Yeah.
MR. STEEL: I mean, you could hurt somebody when you put them up against the wall?
ISRAEL FLOREZ: It depends. Yeah, because I wasn't aggressive. I just -- I just placed him -- I put my hand on him and told him to let go of the phone.
MR. STEEL: Where did you put your hand, on his chest?
ISRAEL FLOREZ: On his chest.
MR. STEEL: Neck area?
ISRAEL FLOREZ: Chest.
MR. STEEL: And you shoved him back into the wall?
ISRAEL FLOREZ: Yeah.
MR. STEEL: And you did it with your forearm, that is what you just did --
ISRAEL FLOREZ: Correct.
MR. STEEL: -- for the ladies and gentlemen of the jury?
ISRAEL FLOREZ: Yes, sir.
MR. STEEL: And put your weight behind it, so you --
ISRAEL FLOREZ: No, just my forearm.
MR. STEEL: Is that the part of the body that you touched to Mr. Combs, you pushed him against the wall?
ISRAEL FLOREZ: His chest level. His chest area.
MR. STEEL: In 7R-141, in the third paragraph, the eighth line -- actually, the seventh line to the left of center. Do you see where you wrote: He, meaning Mr. Combs, saw MOD Adey holding his phone and he, meaning Mr. Combs, automatically assumed he, meaning Mr. MOD Adey -- excuse me -- he, meaning Mr. Combs, was being recorded. So he, meaning Mr. Combs, grabbed MOD Adey's phone. And then I grabbed his hand and told him to back off, as we took his hand away from MOD Adey?
ISRAEL FLOREZ: Correct.
MR. STEEL: But today you remember it as you put your forearm into his chest?
ISRAEL FLOREZ: Yeah, put my forearm in his chest, and his hand was there because he was pulling on Adey's hand, trying to take it away. So if you're pulling, right, your hand is here. I put my hand here, and I'm grabbing his hand, so yes.
MR. STEEL: But that's not what you wrote in the report?
ISRAEL FLOREZ: But I put that I grabbed his hand, yes.
MR. STEEL: But you didn't put that you put him up against the wall?
ISRAEL FLOREZ: Again, what you want me to do is add stuff that, like, it's already in the report saying that I grabbed his hand.
MR. STEEL: I don't really want you to do anything.
MR. STEEL: I'm just asking if it's in the report --
ISRAEL FLOREZ: It's not, sir.
MR. STEEL: -- what you told the jury?
ISRAEL FLOREZ: No, sir.
MR. STEEL: It's not there, right?
MR. STEEL: Now, in the video -- If you need to see it, we're going to show it again. OK?
ISRAEL FLOREZ: Yes, sir.
MR. STEEL: There are pictures of a broken vase. When you first come off the elevator bank. I'm going backwards, by the way --
ISRAEL FLOREZ: Yes, sir.
MR. STEEL: I'm not trying to confuse you.
ISRAEL FLOREZ: It's fine.
MR. STEEL: It's 11:15 a.m. We're doing the whole thing again. You're first coming to the sixth floor.
ISRAEL FLOREZ: Yes, sir.
MR. STEEL: You notice, because you're observant?
ISRAEL FLOREZ: Yes, sir.
MR. STEEL: You notice that there are flowers on the ground?
ISRAEL FLOREZ: Yes, sir.
MR. STEEL: And you notice that there is a broken vase on the floor, true?
ISRAEL FLOREZ: Yes, sir. Yes, sir.
MR. STEEL: And that is when Mr. Combs, again, is sitting in the towel and his socks, right?
ISRAEL FLOREZ: Yes, sir.
MR. STEEL: And Cassie is over to in the corner, true?
ISRAEL FLOREZ: Yes, sir.
MR. STEEL: And the flowers are closer to where Cassie is, true?
ISRAEL FLOREZ: Yes, sir.
MR. STEEL: And the vase is closer to where Mr. Combs is, true?
ISRAEL FLOREZ: Correct.
MR. STEEL: And, in fact, we see it on the video, and it's juxtaposed because it's in the mirror, but we see that Mr. Combs is grabbing the flowers, tosses the flowers, but the vase goes down by his feet and breaks --
ISRAEL FLOREZ: Correct.
MR. STEEL: -- true? Just want to be clear. You're not telling the jurors that Mr. Combs threw the vase, are you?
ISRAEL FLOREZ: No, sir.
MR. STEEL: OK.
(Counsel confer)
MR. STEEL: I'm asking you to go back nine years. If you can't remember, say you can't remember.
ISRAEL FLOREZ: Roger.
MR. STEEL: Can you describe that room, well, different types of rooms in the InterContinental Hotel?
ISRAEL FLOREZ: It was a corner room. That's what you're talking about, his room?
MR. STEEL: I'm going back, obviously, to the date at issue, March 5, 2016. Do you remember the layout of that room? If yes, can you describe it to the jury? If you can't, just say you can't remember?
ISRAEL FLOREZ: No, I don't remember. It was just a corner room.
MR. STEEL: Do corner rooms have significance, by that, I mean, they are better views, bigger?
ISRAEL FLOREZ: Some of them do, yeah, depending on the floor.
MR. STEEL: How about the sixth floor?
ISRAEL FLOREZ: Um, no, not really.
MR. STEEL: How many, like, rooms -- is it like a typical hotel that I would stay in, you just walk in and it's all right there as one room, or are there bedrooms and living rooms, bathrooms, do you remember?
ISRAEL FLOREZ: Yeah. Some of them have, like, a living room. Some of them have just the room, you open the door, and the bed is right there.
MR. STEEL: Were you aware that this room has the living room and it is not -- when you first walk in, it's a living room. Have you seen those rooms before?
ISRAEL FLOREZ: Yeah.
MR. STEEL: And then you go in further and there is a door and it actually leads to a bedroom. Do you remember what I'm talking about?
ISRAEL FLOREZ: Yeah.
MR. STEEL: Were you aware that this room was like that?
ISRAEL FLOREZ: No, sir.
MR. STEEL: Now, you mentioned that when you see this supposed third party?
ISRAEL FLOREZ: Um-hmm.
MR. STEEL: The gentleman sitting -- sitting in the room?
ISRAEL FLOREZ: Yes, sir.
MR. STEEL: Do you know what I'm talking about, right?
ISRAEL FLOREZ: Yes, sir.
MR. STEEL: You have him on a bed, right?
ISRAEL FLOREZ: Correct.
MR. STEEL: Now, you didn't go in that room further than the living room, did you?
ISRAEL FLOREZ: No, sir.
MR. STEEL: How did you see into the bedroom?
ISRAEL FLOREZ: So, if they have a living room, those couches have pull-out, it becomes a pull-out bed.
MR. STEEL: That's what you're saying, this was a pull-out bed?
ISRAEL FLOREZ: Yeah.
MR. STEEL: Did you realize that this was a presidential suite in that hotel?
ISRAEL FLOREZ: Presidential suite on the sixth floor on the corner? I don't think so.
MR. STEEL: You don't think so?
MR. STEEL: Your Honor, may I have one moment?
THE COURT: You may.
MR. STEEL: Now, you being in a hotel, working with the hotel, you're in hospitality -- I know you're in the security business, but it's also the hospitality business, fair to say?
ISRAEL FLOREZ: Yes, sir.
MR. STEEL: I mean, you have potentially presidents, dignitaries?
ISRAEL FLOREZ: They stay there, yes.
MR. STEEL: I mean, heads of industry come to the hotel, right?
ISRAEL FLOREZ: Yes, sir.
MR. STEEL: And there are people who are well-known who come to that hotel?
ISRAEL FLOREZ: Yes, sir.
MR. STEEL: While you were working there, I'm talking about?
ISRAEL FLOREZ: Yes, sir.
MR. STEEL: And you sometimes recognize people who come there just from their fame, true?
ISRAEL FLOREZ: Yeah.
MR. STEEL: And that's what happened here when you got off the elevator, you recognized Mr. Combs, true?
ISRAEL FLOREZ: Correct.
MR. STEEL: And you knew him from his fame, you wrote that?
ISRAEL FLOREZ: Public figure, yes, sir.
MR. STEEL: And he's, like, he's a public figure, true?
ISRAEL FLOREZ: Yes, sir.
MR. STEEL: And it was clear to you that he wanted to pay for the damage, right?
MS. SLAVIK: Objection, your Honor. It calls for speculation and mischaracterizes previous testimony.
THE COURT: All right. Mr. Steel, why don't you rephrase the question.
MR. STEEL: OK. It can be embarrassing, if you know, to a public figure to have that video released, true?
MS. SLAVIK: Objection.
THE COURT: Sustained.
MR. STEEL: Your Honor, may I have one second?
THE COURT: You may.
(Counsel confer)
MR. STEEL: Thank you, your Honor.
THE COURT: All right. Redirect?
MS. SLAVIK: Very briefly, your Honor.
REDIRECT EXAMINATION BY MS. SLAVIK:
MS. SLAVIK: Officer Florez, you were asked on cross-examination about details in incident reports. Do you remember that?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Can you just remind the jury of what an incident report is?
ISRAEL FLOREZ: It's just, um, pretty much -- it's explaining what happened, what we saw, what we observed. Pretty much, like I said, the 5W.
MS. SLAVIK: And were you expected to include every single detail --
MS. SLAVIK: -- in an incident report?
ISRAEL FLOREZ: No, ma'am.
MS. SLAVIK: And did you typically include every single detail?
ISRAEL FLOREZ: No, ma'am.
MS. SLAVIK: Now, you were asked several questions about Mr. Combs' demeanor when you responded to the incident?
ISRAEL FLOREZ: Yes.
MS. SLAVIK: Do you remember that?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Did Mr. Combs seem in control of his facilities?
ISRAEL FLOREZ: Um, as in -- I'm sorry.
MS. SLAVIK: Did Mr. Combs seem drunk?
ISRAEL FLOREZ: Oh, no. No, ma'am.
MS. SLAVIK: Did he seem high?
ISRAEL FLOREZ: No, ma'am.
MS. SLAVIK: Can you remind the jury what Mr. Combs said to you when he tried to hand you a stack of cash?
ISRAEL FLOREZ: Um, pretty much saying that he doesn't want anybody to know, telling me to take care of it. Um, I just don't want people to, to find out, pretty much.
MS. SLAVIK: Now, you were also asked several questions on cross-examination about Mr. Combs telling Ms. Ventura -- excuse me -- Cassie that she couldn't leave. Do you remember those questions?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Now, you remember seeing the video that we played for you on direct examination?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: Actually, Ms. Gavin, could you play the video at 10C-103 starting at 31 seconds and going to 56 seconds.
(Video played)
MS. SLAVIK: Keep playing to 56 seconds, please.
(Video played)
BY MS. SLAVIK:
MS. SLAVIK: Officer Florez, towards the end of that snippet, did you see Mr. Combs dragging Cassie?
ISRAEL FLOREZ: Yes, ma'am.
MS. SLAVIK: What direction was he dragging her in?
ISRAEL FLOREZ: To the room.
MS. SLAVIK: Nothing further.
THE COURT: All right. Anything further, Mr. Steel?
MR. STEEL: I left something out. May I just ask a question, your Honor?
THE COURT: Yes.
MR. STEEL: Not on redirect. Thank you.
RECROSS EXAMINATION BY MR. STEEL:
MR. STEEL: Sir, on the videos from the surveillance, they are motion- sensored videos, is that true?
ISRAEL FLOREZ: Yeah.
MR. STEEL: And that means that they will not record unless there is some sort of movement, that is how it's set up, is that true?
ISRAEL FLOREZ: For the most part, yes.
MR. STEEL: So sometimes we see gaps in time?
ISRAEL FLOREZ: Yes.
MR. STEEL: And that's because either there is a glitch, there is something wrong with the system, right?
ISRAEL FLOREZ: Yeah.
MR. STEEL: Or there is no movement or significant movement to make the system capture an image, is that true?
ISRAEL FLOREZ: Correct.
MR. STEEL: All right. So if there is several minutes of no motion, that would explain the time difference, right?
ISRAEL FLOREZ: Yes.
MR. STEEL: OK. Thank you. Thank you for letting me do that, your Honor.
THE COURT: Ms. Slavik, did you have anything further in response to that?
MS. SLAVIK: No, your Honor. Thank you.
THE COURT: All right. Thank you very much, Officer Florez.
ISRAEL FLOREZ: Sure.
(Witness excused)
THE COURT: The government may call it's next witness.
MS. COMEY: The government calls Daniel Phillip.
COURT CLERK: Remain standing and please raise your right hand.
ISRAEL FLOREZ: Sure. DANIEL PHILLIP, called as a witness by the Government, having been duly sworn, testified as follows:
COURT CLERK: Thank you. You may be seated.
THE COURT: All right. Ms. Comey, you may proceed.
MS. COMEY: Thank you, your Honor.