2.Daniel Phillip — Cross/Redirect/Recross (Part 2)
599 linesMR. DONALDSON: Yes, Judge. Thank you. DANIEL PHILLIP, resumed. CROSS-EXAMINATION CONTINUED
BY MR. DONALDSON:
MR. DONALDSON: Good morning, sir.
DANIEL PHILLIP: Good morning.
MR. DONALDSON: If we can briefly, I just want to go back to what we talked about yesterday, finish what we talked about yesterday.
DANIEL PHILLIP: Sure.
MR. DONALDSON: Regarding that first meeting at the Gramercy Park Hotel. Do you recall that?
DANIEL PHILLIP: Yes.
MR. DONALDSON: I believe you said yesterday on direct, I believe you said on direct that you left and then returned back to the hotel, correct?
DANIEL PHILLIP: Yes.
MR. DONALDSON: And you returned back because Cassie called you to come back, right?
DANIEL PHILLIP: Yes.
MR. DONALDSON: And at that time when you came back, you stayed for approximately one or two hours; is that right?
DANIEL PHILLIP: For a few hours, yes.
MR. DONALDSON: And I believe you said on direct that during the time of this Gramercy Park Hotel visit, Mr. Combs was not saying anything, correct?
DANIEL PHILLIP: During which time?
MR. DONALDSON: During the first time or the second time.
DANIEL PHILLIP: During what time are you referring -- I didn't say he didn't say anything, he did speak to me.
MR. DONALDSON: While you and Ms. Ventura Cassie were having sex for a few hours, Mr. Combs was quiet in the corner, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And so for those two hours of you having sex with Ms. Cassie Ventura at the Gramercy Park Hotel, it would be fair to say that Ms. Ventura took the lead in the sexual intercourse, correct?
MR. DONALDSON: You took the lead?
DANIEL PHILLIP: We were equally just doing our thing. I don't -- I wouldn't say there was a leader.
MR. DONALDSON: Ms. Ventura and you decided on what positions you would do in this sexual intercourse of those few hours, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: You and Ms. Ventura decided together what types of sex you would have with those few hours, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And on that time period when you were with Ms. Ventura at the Gramercy Park Hotel, she wasn't drunk, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: She did not appear high, correct?
DANIEL PHILLIP: I'm sorry. Can you repeat that.
MR. DONALDSON: She did not appear to be under the influence of any narcotics, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And you did not see her consume any alcohol, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: You did not see her take any drugs that day, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: So from your perspective, for those two hours that you were having sexual intercourse with Ms. Ventura, it's fair to say she was in complete control of everything she was doing, correct?
DANIEL PHILLIP: I cannot say that.
MR. DONALDSON: Now, you also said on this first time with Ms. Ventura at the Gramercy Park Hotel you did not wear a condom, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And she did not ask you to wear a condom, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And it's fair to say you did ejaculate that day, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: Now, after you left the Gramercy Park Hotel, I believe you said on direct that you spoke to your boss; is that correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And when you spoke to your boss, you learned that Ms. Cassie Ventura paid for the hotel visit with a credit card, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: So at this point at the Gramercy Hotel, you knew that -- strike that. Cassie Ventura paid for this, gave you cash, correct?
DANIEL PHILLIP: I'm sorry. Can you repeat that.
MR. DONALDSON: At the Gramercy Park Hotel experience, Cassie Ventura gave you cash, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: She also paid for this hotel visit with her credit card, correct?
DANIEL PHILLIP: I don't know what she paid for with the hotel. I have nothing to do with that.
MR. DONALDSON: Well, you did learn from your boss that Ms. Ventura paid for this hotel stay with her credit card, correct?
DANIEL PHILLIP: That's not correct. She paid for the dancer to come to her with the credit card. I have no idea who paid for the hotel.
MR. DONALDSON: Strike that. She paid for the dancer from the service with her credit card, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: Now, yesterday, you also mentioned an assault that you observed inside Cassie's apartment; is that right?
DANIEL PHILLIP: Correct.
MR. DONALDSON: You indicated this assault occurred on Eleventh Avenue at her apartment, I believe it was 10 West Eleventh Avenue; is that correct?
DANIEL PHILLIP: I believe it was West End Avenue, but it may have been Eleventh Avenue.
MR. DONALDSON: And this assault at her apartment happened after the Gramercy Park experience, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And that was your first time going to her apartment when this assault occurred, correct?
DANIEL PHILLIP: I believe so, correct.
MR. DONALDSON: And in order to get to her apartment, she had to provide you the address for that, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And in fact, I believe she texted you her address to where you were supposed to come, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: Now, when you got to the apartment, I believe you said on direct that you had sex with Ms. Ventura prior to this assault occurring, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And this sex occurred, again, you didn't see Ms. Ventura in an inebriated state before you had sex, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: She didn't appear to you to be under the influence of any drugs before you had sex, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: Now, after you all had sex, I believe you said that Ms. Ventura was sitting at a desk on her computer, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And you were sitting in the room next to her, correct?
DANIEL PHILLIP: Incorrect.
MR. DONALDSON: You were sitting somewhere near her?
DANIEL PHILLIP: I was sitting behind her.
MR. DONALDSON: You were sitting behind her in a room while she was on her computer, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And this was after you had already had the sex that you all had?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And so at this point, she was just doing something on the computer and you were just having a conversation with her?
DANIEL PHILLIP: Incorrect. I was just sitting there.
MR. DONALDSON: So you were just sitting there and she was doing something on the computer?
DANIEL PHILLIP: Correct.
MR. DONALDSON: At some point you heard her yell for Mr. Combs, saying, hay, babe, come over here, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And Ms. Ventura responded, hey, I have all of my personal information on the computer, I'll be there in a second, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And then you're saying that at that moment a bottle flew past her head and crashed against the wall; is that correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And then Mr. Combs came outside and grabbed her by her hair and neck and took her back to the room; is that right?
DANIEL PHILLIP: Grabbed her by her hair and dragged her by her hair into her bedroom, yes.
MR. DONALDSON: And then at some point, you're still sitting where you were sitting, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And then after you hear this commotion in the bedroom between Mr. Combs and Cassie, I believe you said on direct, he comes outside to where you were, looks at you and says, are you ready; is that right?
DANIEL PHILLIP: He said are you guys ready to continue, somewhere along those lines.
MR. DONALDSON: And that is what he said to you after you're saying the assault occurred, correct?
DANIEL PHILLIP: Yes, correct.
MR. DONALDSON: Isn't it true, Mr. Phillip, that after this assault occurred, Mr. Combs walked outside to and you said, you got to get out of here, you got to go?
DANIEL PHILLIP: I don't recall that.
MR. DONALDSON: Isn't it true that when he walked outside after this assault, Mr. Combs looked you right in your face and said, yo, man, going to have to deal with this, you need to get the fuck out?
MR. DONALDSON: Do you recall yesterday I asked you whether or not you had a conversation with law enforcement officers in December of 2023, you indicated that you did, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And you indicated yesterday that you had this conversations with law enforcement officers and they asked you about these events, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And they asked you about this assault, as well, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And you told them what happened with this assault, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And you told them what you said in response to this assault, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: Isn't it true that on December 18th, 2023, Combs exited the room and threw a bottle of liquor towards Ventura. Combs then slapped Ventura in the face, grabbed her by her hair, and dragged her into the bedroom. Phillip could hear Combs continue slapping and hitting Ventura. Combs eventually came back out and told Phillip, yo, man, going to have to deal with this, you need to get the fuck out. Phillip left and blocked Ventura --
MS. COMEY: Objection, your Honor, to reading a document not in evidence.
THE COURT: That's sustained.
MR. DONALDSON: Isn't a fact that on December 18th, 2023, you told law enforcement agents, after Mr. Combs assaulted Ms. Ventura, that Mr. Combs told you, yo, man, you need to get the fuck out?
DANIEL PHILLIP: I do not recall that.
MR. DONALDSON: Can you please put up 3574, the parties and the witness only. End of page 3, beginning of page 4. Could you highlight where it ends Ventura stated at the top. End of page 3. Right there.
(Continued on next page)
THE COURT: Mr. Donaldson, are you attempting to refresh the witness' recollection?
MR. DONALDSON: Yes, I am.
THE COURT: You should just ask him to read what you presented and ask him a fresh question, not referring to the document.
MR. DONALDSON: I am.
BY MR. DONALDSON:
MR. DONALDSON: Mr. Phillip.
DANIEL PHILLIP: Yes.
MR. DONALDSON: I'm showing you a single page document with the highlighted portion.
DANIEL PHILLIP: I see it.
MR. DONALDSON: I would like you to read that portion to yourself.
DANIEL PHILLIP: I've read it.
MR. DONALDSON: Does that refresh your recollection as to what you told the agents on December 18, 2023, after you indicated that you observed an assault and what Mr. Combs told you after that?
DANIEL PHILLIP: I do not remember saying that, no.
MR. DONALDSON: You do not remember telling the agents, you do not remember saying what?
DANIEL PHILLIP: What I am reading here, that --
MS. COMEY: Objection, your Honor. A. -- that Mr. Combs told me to get the fuck out.
THE COURT: Hold on. We are going to strike that last answer. The jury should disregard it. Mr. Donaldson, please ask your next question.
MR. DONALDSON: May we approach, your Honor, please? One second.
MS. COMEY: May I confer with counsel, your Honor?
THE COURT: You may.
(Counsel confer)
BY MR. DONALDSON:
MR. DONALDSON: Mr. Phillip.
DANIEL PHILLIP: Yes.
MR. DONALDSON: You recall -- not recall, but -- well, do you recall dating a model by the name of Malia?
DANIEL PHILLIP: I never said I dated her. She was a friend of mine.
MR. DONALDSON: Do you recall having a friend named Malia?
DANIEL PHILLIP: Malia.
MR. DONALDSON: Malia. And while you were with this friend Malia, would it be fair to say that you were walking by Dream Hotel here in downtown New York and happened to see Ms. Cassie Ventura outside of that hotel?
DANIEL PHILLIP: Yes.
MR. DONALDSON: And when you saw her outside the hotel, outside the Dream Hotel, she was not with Mr. Combs, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: She was with some other friends, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And you were walking with your friend Malia, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And you and Ms. Cassie Ventura made contact with each other, correct?
MS. COMEY: Objection to the form.
MR. DONALDSON: Well, did you at that time, when you saw Cassie Ventura outside the Dream Hotel, say anything to her?
MR. DONALDSON: Did she say anything to you?
MR. DONALDSON: Did you say anything to Malia about Cassie Ventura?
DANIEL PHILLIP: Yes.
MR. DONALDSON: And you told Malia that -- you told Malia about the relationship that you had with Cassie Ventura, correct?
DANIEL PHILLIP: Malia already knew about the relationship I had with her.
MR. DONALDSON: She knew because you told her, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And you told Malia that you were and Cassie Ventura had been seeing each other socially, is that fair to say?
MS. COMEY: Objection to hearsay, your Honor.
MR. DONALDSON: I'm asking what he told her.
THE COURT: It's overruled.
DANIEL PHILLIP: Correct.
MR. DONALDSON: And then after you saw Cassie in front of the hotel, the Dream Hotel, Cassie then called you later on, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And Cassie called you later on and said she wanted to get together with you to have another experience, would that be fair to say?
DANIEL PHILLIP: She asked me to meet her. She asked me if I was available.
MR. DONALDSON: She asked you were you available to meet her to have another experience, correct?
DANIEL PHILLIP: Incorrect.
MR. DONALDSON: OK. And you thought, when Cassie called you, you thought she was calling you to come see her for a one-on-one, is that correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And when you say you thought she was calling you for you to come see her on a one-on-one, you meant one-on-one regarding a sexual encounter, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: So, and this had nothing to do with Mr. Combs, correct?
DANIEL PHILLIP: I don't understand that.
MR. DONALDSON: Well, you saw Cassie Ventura in front of the Dream Hotel, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: She wasn't with Sean Combs, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And then Cassie called you, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And then you presumed that Cassie was calling you for a one-on-one between you and her, correct?
DANIEL PHILLIP: Incorrect.
MR. DONALDSON: Now, yesterday you also mentioned something about a hearing argument, a yelling at the Essex Hotel between Cassie and Combs. Do you recall testifying about that?
DANIEL PHILLIP: Yes.
MR. DONALDSON: Now, in that particular situation, again, Cassie called you and asked you to meet her at the Dream Hotel, is that right?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And then she canceled and said meet her at the Essex House, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: So then you went to the Essex House, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And you and Cassie had sex at the Essex House, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And, once again, Cassie, you did not observe Cassie to have to be under the influence of any narcotics, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: You didn't observe her to be drunk, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And you didn't see her drinking or taking any drugs before you all had sex that day, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And then after you all you and Cassie had sex, you then said you -- Well, Cassie and Mr. Combs went to a bedroom together, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And then you heard some yelling and screaming in the bedroom, is that right?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And then yesterday you said you saw Mr. Combs run out the hotel, completely out the hotel naked, correct?
DANIEL PHILLIP: I think he had a towel on, correct.
MR. DONALDSON: He ran completely out the hotel with just a towel on?
DANIEL PHILLIP: He ran out of the room.
MR. DONALDSON: And then after that, Cassie then ran to you and jumped in your lap, is that correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And then you said you all started kissing, is that right?
DANIEL PHILLIP: She was shaking uncontrollably, obviously afraid, and we started talking for a while before we ended up kissing each other, yes.
MR. DONALDSON: OK. So let's go to that. So, Cassie ran and jumped into your lap and then you all started talking for a while, is that right?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And then while you were all were talking, she started kissing you, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And this is something different than has ever been done before, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And then you started kissing her back, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And then you all started, I believe you said, starting getting into it, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And when you say getting into it, you all started having sex, correct?
DANIEL PHILLIP: Moving in that direction.
MR. DONALDSON: You got an erection, correct, you said?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And this was a different moment than before, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: You felt like there was some kind of bond between you two, correct?
DANIEL PHILLIP: I always felt that, but correct.
MR. DONALDSON: And then at that point you said Mr. Combs walked in, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And then at that point, you lost your erection?
DANIEL PHILLIP: Correct.
MR. DONALDSON: So you lost your erection because Mr. Combs was present, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And because his presence made you lose your erection?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And his presence caused you to have this erectile dysfunction?
DANIEL PHILLIP: Correct.
MR. DONALDSON: Now, you also said that you had been with Cassie and Combs for at least six or seven times, right?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And only one of those times you indicated that you saw Cassie under the influence of any drugs, correct? That's what you said yesterday. Yesterday you said only one of those times you saw case under the influence of drugs?
DANIEL PHILLIP: My hesitation is in your reference to me being with them. I literally was invited to come that day. He opened the door, Sean Combs opened the door. I saw her visibly on the couch passed out, slumped over on the couch. She looked completely inebriated.
MR. DONALDSON: Your Honor, I move to strike. There was no question on the --
MS. COMEY: Your Honor, it was responsive.
THE COURT: Overruled. A. And as I saw her on the couch, Mr. Combs said to me, I don't think this is going to happen today. I looked at her, and I said, yeah, obviously. And I left.
MR. DONALDSON: Let's go through that. As I said, so you were with them several times, correct? Well, in the presence of Cassie and Mr. Combs several times with these experiences, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And that one time you said you saw Cassie under the influence or inebriated in some sort, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And that one time you saw her in this condition, Mr. Combs told you nothing is happening today, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: So the one time that you did see her under any kind of influence or under any kind of drugs, Mr. Combs said no to any sexual intercourse, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: You said something about a last encounter you had with Cassie and Combs and there was another man in the room. Do you recall saying that?
DANIEL PHILLIP: Yes.
MR. DONALDSON: In that situation, Cassie again called you to the apartment, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: This was at her apartment, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And, of course, you arrived at her apartment, is that fair to say?
DANIEL PHILLIP: I arrived at her apartment, is that what you asked me?
MR. DONALDSON: You went to her apartment, right?
DANIEL PHILLIP: Yes, correct.
MR. DONALDSON: And when you got to the apartment, there was another male there already, correct?
DANIEL PHILLIP: Incorrect.
MR. DONALDSON: You were there first, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And you and Cassie Ventura had already had sex before the male got there, correct?
DANIEL PHILLIP: Incorrect.
MR. DONALDSON: OK. Would it be fair to say that -- OK. When the male got there, you and Cassie had sex, correct?
DANIEL PHILLIP: Incorrect.
MR. DONALDSON: Would it be fair to say that you and the male that was there rotated having sex with Cassie Ventura?
DANIEL PHILLIP: Incorrect.
MR. DONALDSON: Would it be fair to say that you watched the male have sex with Cassie Ventura while Cassie Ventura was having sex with Sean Combs?
DANIEL PHILLIP: Correct.
MR. DONALDSON: Would it be fair to say that during this time period, Cassie Ventura was not under any influence of narcotics?
DANIEL PHILLIP: Didn't appear to be so.
MR. DONALDSON: And would it also be is that fair to say that she was not intoxicated, correct?
DANIEL PHILLIP: I couldn't say that, but it didn't appear that she was.
MR. DONALDSON: Well, let's do it this way. From your appearance, from your observation of Cassie Ventura on the day she had sex with Mr. Combs and another person, she did not appear to be under the influence of narcotics, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: On the day that you saw Cassie Ventura having sex with Mr. Combs and another individual male, she did not appear to be inebriated, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: You mentioned something about directing, Mr. Combs directing things. Do you recall saying that yesterday?
DANIEL PHILLIP: Yes.
MR. DONALDSON: Now, it will be true that Mr. Combs never gave directions about what positions to use during sex with Cassie Ventura, correct?
DANIEL PHILLIP: Incorrect.
MR. DONALDSON: You recall meeting with the federal government, the prosecutors, on March 28, 2025, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And when you met with these federal prosecutors on March 28, that was this year, correct, March 28, 2025, you met with federal prosecutors, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And when you met the federal prosecutors on March 28, 2025, you spoke to them about your relationship or your contacts with Cassie, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And you told them about the sexual intercourse and the sexual interactions you had with Cassie Ventura, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And isn't it true that on March 28, 2025, you told the AUSAs here that you do not recall Sean Combs giving directions about what position to use during sex?
DANIEL PHILLIP: Correct.
MR. DONALDSON: So, in fact, on March 28, 2025, and today, it is true that you don't recall Sean Combs giving any directions about sexual positions during yourself with Cassie Ventura, correct?
DANIEL PHILLIP: Incorrect.
MR. DONALDSON: OK. Mr. Phillip, it's fair to say that you believe Cassie Ventura liked you in a -- liked you in a unique way, correct?
DANIEL PHILLIP: We were becoming friends, yes.
MR. DONALDSON: You thought that you all were establishing some, I believe you said earlier, establishing some kind of bond together, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: In fact, prior to your last visit with Mr. Combs and Cassie, you thought that you were in a relationship with Cassie, correct?
DANIEL PHILLIP: No, incorrect.
MR. DONALDSON: There were times you were actually trying to get Cassie alone because you were attracted to her and you wanted to be with her, isn't that correct?
DANIEL PHILLIP: I always wanted to make sure she was OK. I definitely was attracted to her. And had she ever given me the chance to date her, I absolutely would have.
MR. DONALDSON: In fact, on those occasions when you were, they were alone in the bedroom and you were -- well, strike that. There were occasions where Mr. Combs and Ms. Ventura were would go into another room and they would be having sex, correct?
DANIEL PHILLIP: I don't know what they were doing in the other room.
MR. DONALDSON: It is true that you would actually get jealous when you saw Mr. Combs having sex with Cassie, correct?
DANIEL PHILLIP: Incorrect.
MR. DONALDSON: Can I have one second, please, your Honor?
THE COURT: You may.
(Pause)
MR. DONALDSON: You met with the government on October 7, 2024, as well, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: When you met with the federal government on October 7, 2024, you met with these federal prosecutors here, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And when you met with them, you told them about your interactions with Ms. Ventura and your sexual intercourse with her, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And you told them about how you felt about her, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: Isn't it true that on October 7, 2024, you told the federal prosecutors in your meeting with them that Sean Combs would occasionally tell you to go sit on the couch, it's my turn, and then --
MS. COMEY: Objection, your Honor.
THE COURT: Sustained.
MR. DONALDSON: Did you not tell the prosecutors on October 7, 2024, that you would feel jealous --
MS. COMEY: I'm sorry, your Honor --
THE COURT: Can we have a sidebar.
MS. COMEY: Thank you.
(Continued on next page)
(At the sidebar)
THE COURT: All right. Do you have the document, like, right in front of the jury that you're reading from?
MR. DONALDSON: I have it to the side so I can read it. I'm trying to make sure I --
THE COURT: You can't do that.
MR. DONALDSON: They can't see the document, Judge.
THE COURT: It's right in front of the juror.
MS. COMEY: Your Honor, I just realized that Mr. Donaldson had his papers on the bar right in front of the jury throughout the cross-examination.
THE COURT: I'm sorry. There is space limitations. We can adjust that during the break.
MR. AGNIFILO: Your Honor.
MR. DONALDSON: I'll put it on the ledge.
MR. AGNIFILO: Your Honor --
THE COURT: Put it on the lectern.
MR. AGNIFILO: -- there's a side thing. No, it has a side so they can't see it from the side.
MS. COMEY: I'll also note Mr. Agnifilo could share space at counsel table directly to the left.
MR. DONALDSON: I'll do whatever I can do to make sure that the juror can't see. It wasn't my intention do that, just so it's clear about that.
THE COURT: Anything further, Ms. Comey?
MS. COMEY: No. Thank you, your Honor.
MR. DONALDSON: Sorry about that.
(Continued on next page)
(In open court)
THE COURT: All right. Mr. Donaldson, you may continue when ready.
MR. DONALDSON: Thank you, Judge.
BY MR. DONALDSON:
MR. DONALDSON: Mr. Phillip, isn't it correct that on October 7, 2024, the meeting with the federal government, you told them that you would feel -- that when Sean Combs and Ms. Ventura were having sex, you would feel jealous because you liked Ms. Ventura romantically? Is that not what you told the federal government and the prosecutors on October 2024, when you were telling them information about your relationship with Ms. Ventura?
DANIEL PHILLIP: I do not recall that.
MR. DONALDSON: All right. Ray, could you please put up 3570, page five. Go down to where it says other recollections.
MS. COMEY: I want to confirm it's just for the parties and the witness.
MR. DONALDSON: Just for the parties, of course. Third bullet point down. Highlight that section, please.
BY MR. DONALDSON:
MR. DONALDSON: Mr. Phillip, I'm showing you a document on the screen. Would you please read that document to yourself and see if that refreshes your recollection, that on October of 2024, you told the federal prosecutors that when Mr. Combs and Ms. Ventura were having sex, you would feel jealous because you liked Ms. Ventura romantically?
DANIEL PHILLIP: That does not refresh my memory.
MR. DONALDSON: What does not refresh your memory?
DANIEL PHILLIP: I do not recall saying that to them.
MR. DONALDSON: But you're not saying you didn't say that, correct?
DANIEL PHILLIP: I do not recall saying that to them.
MR. DONALDSON: I have no further questions for this witness.
THE COURT: Redirect.
MS. COMEY: Thank you, your Honor.
REDIRECT EXAMINATION BY MS. COMEY:
MS. COMEY: Good morning.
DANIEL PHILLIP: Good morning.
MS. COMEY: Mr. Phillip, do you recall yesterday and today on cross-examination being shown reports and notes?
DANIEL PHILLIP: Yes.
MS. COMEY: Before defense counsel showed you those reports and those notes, had you seen them at all?
MS. COMEY: Had anyone ever asked you to review those reports or those notes?
MS. COMEY: Had anyone ever asked you to check whether they were accurate?
MS. COMEY: Do you recall being asked about whether you told prosecutors in March of this year that you could not recall Mr. Combs directing you and Ms. Ventura about what positions to use during sexual intercourse?
DANIEL PHILLIP: Yes.
MS. COMEY: Can you explain why you didn't remember that in March of this year, but you do remember that today?
DANIEL PHILLIP: Because he -- Sean Combs definitely did direct us, direct Cassie to give me blow jobs, and also to rub each other down in certain ways with baby oil and stuff. And so I -- my hesitation is in what would be considered directing you sexually, the positions. I don't know if he's referring to actual intercourse or the actual experience altogether. But, either way, he was directing us for what to do in terms of touching each other in sexual ways.
MS. COMEY: So let's break that down. Who would direct you and Cassie to rub baby oil on each other?
DANIEL PHILLIP: Sean Combs.
MS. COMEY: And who would direct Cassie to perform oral sex on you?
DANIEL PHILLIP: Sean Combs.
MS. COMEY: Who would direct you and Cassie to have sexual intercourse with each other?
DANIEL PHILLIP: Sean Combs.
MS. COMEY: Do you recall being asked yesterday on cross-examination about the timing of when Cassie handed you cash during your first meeting at the Gramercy Park Hotel?
DANIEL PHILLIP: Yes.
MS. COMEY: How did the amount of money that Cassie handed you that first night compare to the fee you were owed for your stripping services?
DANIEL PHILLIP: Can you repeat that?
MS. COMEY: How did the amount of money that Cassie handed you that first night at the Gramercy Park Hotel compare to the amount of money you were owed as a fee for your stripping services?
DANIEL PHILLIP: It was roughly $3,800 more.
MS. COMEY: And over all of your meetings with Cassie and with Mr. Combs, when you could perform sexually, what were you paid?
DANIEL PHILLIP: Anywhere between $700 and five or $6,000. I'm estimating. I couldn't say definitively.
MS. COMEY: When you could not perform sexually, how much were you paid?
DANIEL PHILLIP: Most of the time, nothing. I don't recall if there was a time that they gave me money for times that I couldn't have sex with her.
MS. COMEY: But as you sit here today, to the best of your recollection, did they pay you when you could not maintain an erection and have sexual intercourse with Ms. Ventura?
MS. COMEY: Do you recall being asked about your perception of Ms. Ventura's level of intoxication on cross-examination?
DANIEL PHILLIP: Yes.
MS. COMEY: Other than seeing her briefly on the street outside the Dream Hotel, did you ever see Ms. Ventura outside of the context of meeting with her to have sex in front of Mr. Combs?
MS. COMEY: And did you ever speak with her in person outside of the context of having sex with her in front of Mr. Combs?
MS. COMEY: Do you recall being asked about on cross-examination Ms. Ventura calling you after seeing you in person outside the Dream Hotel?
DANIEL PHILLIP: Yes.
MS. COMEY: Do you know who she was with when she made that phone call?
MS. COMEY: Do you know who she was with every time she sent you a text message?
MS. COMEY: Do you know who she was with every time she called you?
MS. COMEY: Were there times when you texted her and she did not respond?
DANIEL PHILLIP: She never responded to my text messages, usually.
MS. COMEY: So when you initiated the conversation, did she respond?
MS. COMEY: Do you recall being asked about what Mr. Combs said when he came out of the room after you heard him beating Cassie?
DANIEL PHILLIP: Yes.
MS. COMEY: As you sit here today, what do you remember Mr. Combs saying when he came out of the room after beating Cassie?
DANIEL PHILLIP: I recall him coming out of the room and trying to get us to have sex again, but I could not after that. After that, that was the first time that I started experiencing erectile dysfunction.
MS. COMEY: When you say he was trying to get us to have sex again, who were you referring to when you say us?
DANIEL PHILLIP: Sean Combs.
MS. COMEY: And what, as you sit here today, do you remember Mr. Combs saying to try to get you and Cassie to have sex after he had beaten Cassie?
DANIEL PHILLIP: I just recall him asking us if we are ready to go.
MS. COMEY: And after that, did you try to get an erection?
DANIEL PHILLIP: I was completely in my head. I -- I -- I tried to -- to engage. Um, I wanted to really hug her, but I -- there was nothing I could do. I was completely shocked and just completely messed up in my head. So, no, there was nothing I could do.
MS. COMEY: You said you wanted to really hug her. Why was that?
DANIEL PHILLIP: Because she was afraid. I could see that she was afraid. She was really upset. I could see in her face that she was crying a lot.
MS. COMEY: So you said you tried to engage. What did you do to try to engage?
DANIEL PHILLIP: We got as close to, like, sitting on the couch next to each other, and I think that she put her -- her hand on me.
MS. COMEY: I'm sorry to ask this specifically. What part of your body did she put your hand on?
DANIEL PHILLIP: Like, she went in to, like, grab my shoulder -- she went in to grab my shoulders. That's how we always started, with an actual hug, and started to hug each other and rub baby oil on each other and stuff. But I -- I was just -- I was completely messed up. I could not engage in this act.
MS. COMEY: So I want to make sure we have this clear. After Mr. Combs told you and Cassie essentially to have sex again --
DANIEL PHILLIP: Um-hmm.
MR. DONALDSON: Objection.
THE COURT: Let's rephrase the question.
MS. COMEY: What did Mr. Combs say to you and Cassie when he came out of room after beating her?
DANIEL PHILLIP: He asked us if we were ready to go.
MS. COMEY: And what did you understand that to mean based on your experiences with him in the past?
DANIEL PHILLIP: If we are ready to have sex again.
MS. COMEY: And after that, did you and Cassie have clothes on?
DANIEL PHILLIP: I don't recall if I had put my clothes on already or not.
MS. COMEY: When you were sitting on the couch --
DANIEL PHILLIP: I should say my underwear. My apologies. I didn't mean to interrupt.
MS. COMEY: Oh, no. That's fine. So when you heard this beating, were you in your underwear?
DANIEL PHILLIP: Um, I most likely put my underwear on when they were in the bedroom, um, because I was afraid and I was imagining that it was time for me to -- I was about to get kicked out or something.
MS. COMEY: And so, after Mr. Combs said something that you understood to be telling you and Cassie to have sex again, when you were sitting on the couch, what were you and Cassie wearing?
DANIEL PHILLIP: I'm pretty sure I was wearing underwear and she was -- I honestly don't recall what she had on.
MS. COMEY: Was she wearing clothes?
DANIEL PHILLIP: It wouldn't have been much. Probably a robe or something like that, but ...
MS. COMEY: And what did you two do to try to engage in sexual activity?
DANIEL PHILLIP: She put her hands on me for a couple of seconds, and I recall, I feel like he told me it's time to go now, because he could see that I was not -- that messed me up.
MS. COMEY: So were you able to get an erection when Cassie tried to rub baby oil on you?
DANIEL PHILLIP: She didn't try to rub baby oil on me after that.
MS. COMEY: I'm sorry. I misunderstood. When she tried to touch you?
DANIEL PHILLIP: Um, no.
MS. COMEY: Do you recall being asked about your first interaction with Cassie at the Gramercy Park Hotel during cross-examination?
DANIEL PHILLIP: Yes.
MS. COMEY: And do you recall being asked whether Mr. Combs gave instruction during that first interaction?
DANIEL PHILLIP: Yes.
MS. COMEY: Throughout all of the sexual activity during that first interaction at the Gramercy Park Hotel, who was in the room?
DANIEL PHILLIP: Myself, Sean Combs, and Cassie.
MS. COMEY: And do you recall on cross-examination being asked about whether there were times when Cassie appeared to enjoy the sexual activity with you?
DANIEL PHILLIP: Yes.
MS. COMEY: Throughout all of your sexual activity with Cassie, who was in the room?
DANIEL PHILLIP: Sean Combs, myself, and Cassie.
MS. COMEY: And is Sean Combs the same man that threw a liquor bottle across the room when she asked him to wait a minute?
MR. DONALDSON: Objection.
MS. COMEY: It's directly responsive to the line of cross, your Honor.
THE COURT: It's overruled.
MS. COMEY: Is Sean Combs the same man who threw a liquor bottle across the room when Cassie asked him to wait a minute?
DANIEL PHILLIP: Yes.
MS. COMEY: Is that the same man that grabbed her by her hair and dragged her to the bedroom?
DANIEL PHILLIP: Yes.
MS. COMEY: And is that the same man who beat her and called her bitch?
DANIEL PHILLIP: I didn't see him beating her beyond him dragging her into the room. However, I could hear it, and it is my presumption --
MR. DONALDSON: Objection.
THE COURT: That's sustained. The jury should disregard the last sentence of the witness's answer. Ms. Comey.
BY MS. COMEY:
MS. COMEY: Is that the same man who called her bitch while you heard her say I'm sorry and heard smacking sounds?
DANIEL PHILLIP: Yes.
MS. COMEY: Is that the same man who then came out of that same room and asked you -- and told you and Cassie, in essence, to have sex again?
DANIEL PHILLIP: In essence, yes.
MR. DONALDSON: Objection.
THE COURT: It's overruled.
MS. COMEY: No further questions.
THE COURT: Mr. Donaldson, anything further?
MR. DONALDSON: Yes, briefly.
RECROSS EXAMINATION BY MR. DONALDSON:
MR. DONALDSON: Mr. Phillip, you just indicated that when you texted her, you did not receive a response. Do you recall saying that just now?
DANIEL PHILLIP: Yes.
MR. DONALDSON: Can we put up Government Exhibit B-324, please, that's in evidence.
MR. DONALDSON: Now, these are text messages between you and Ms. -- and Cassie, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And you texted her, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And she responded, correct?
DANIEL PHILLIP: Correct.
MR. DONALDSON: And, in fact, on -- I need my glasses. If we can go to page -- one second. Go to page three of that document where it says, I'm in New York.
MR. DONALDSON: Do you see that?
DANIEL PHILLIP: Yes, yes.
MR. DONALDSON: And do you see the date it says July 30, 2012?
DANIEL PHILLIP: Yes.
MR. DONALDSON: If we can flip two pages and go to the next. You see where it says, How long until you're here? Do you see that?
DANIEL PHILLIP: Yes.
MR. DONALDSON: That's Cassie talking to you?
DANIEL PHILLIP: Yes.
MR. DONALDSON: And then you see where it says was that meant for me, that's you, correct?
DANIEL PHILLIP: Yes.
MR. DONALDSON: All right. The next line says what's the address, do you see that?
DANIEL PHILLIP: Yes.
MR. DONALDSON: And then go to the next page, please. The next line says I'm on the Upper West Side, so I can meet you within 10 or 15 minutes. That's you, correct?
DANIEL PHILLIP: Yes.
MR. DONALDSON: And then further down in the blue it says 10 West End Avenue, hit me when you're there. That's Cassie, correct?
DANIEL PHILLIP: Yes.
MR. DONALDSON: And that's her giving you the address to her apartment, correct?
DANIEL PHILLIP: Yes.
MR. DONALDSON: So that you can get there, correct?
DANIEL PHILLIP: Yes.
MR. DONALDSON: And so -- one second. And that's the date that this assault happened, correct, that is the first day you went there when you got the address. Do you remember saying that on cross?
DANIEL PHILLIP: Yes.
MR. DONALDSON: All right. We can scroll down please to go two pages over to ... Now, down to the bottom of that page it says Daniel NY LA. The date is October 12, 2012. Do you see that?
DANIEL PHILLIP: Yes.
MR. DONALDSON: And flip one more page over. Do you see where it says, Don't give a fuck that I am a little tipsy, I love y'all niggas? Do you see that?
DANIEL PHILLIP: Yes.
MR. DONALDSON: So, on October 12, 2012, three months after this assault, you sent her a text saying, I love y'all niggas, correct?
DANIEL PHILLIP: Yes.
MR. DONALDSON: And you were telling both of them that you loved them, correct?
DANIEL PHILLIP: Yes.
MR. DONALDSON: This is after the assault, correct?
DANIEL PHILLIP: Yes.
MR. DONALDSON: I have no further questions. Thank you.
MS. COMEY: Brief re-redirect, if I may, your Honor.
THE COURT: Very brief.
MS. COMEY: Yes.
REDIRECT EXAMINATION BY MS. COMEY:
MS. COMEY: Why did you send that text message?
DANIEL PHILLIP: Because I was trying to get her to respond to my messages. She would not respond to my messages, and the only way that I could see if she was OK was to try to bait her into making her and Mr. Combs believe that I had no problem with what he had done so that they would invite me back so that I could see for myself that she was OK.
MS. COMEY: No further questions.
MR. DONALDSON: Move to strike.
THE COURT: On what basis?
MR. DONALDSON: Nonresponsive.
MS. COMEY: It's totally responsive to why did he send that text, your Honor.
THE COURT: That's overruled. All right. Thank you very much, Mr. Phillip.
(Witness excused)
MS. ESTEVAO: Your Honor, may we have a brief sidebar before the next witness?
THE COURT: You may.
(Continued on next page)
(At the sidebar)
MS. ESTEVAO: Your Honor, this is a Rule 615 issue. We understand that Ms. Ventura's husband, Alex Fine, may be present in the courtroom. And we expect him to be a potential defense witness, so we would ask that he being excluded. We can elaborate a little bit more on the reasons.
THE COURT: I don't think you need to, unless there is an issue with that.
MS. JOHNSON: There is, your Honor. We were advised of this approximately 10 minutes ago. He's not included on the defense witness list. Ms. Ventura's husband is here with his family to support his wife and testify publicly. We had, under the CVRA, she has the right to be treated with dignity and privacy. And she would like support in this courtroom as she testifies.
MS. ESTEVAO: Your Honor, her husband, Ms. Ventura began her relationship with her husband while she was still in a relationship with Mr. Combs, and there is an overlap between the two of those relationships. It also relates to our cross-examination related to her accusations about rape during the course of both of those relationships.
THE COURT: It doesn't matter why you're seeking to call him as a witness.
MS. ESTEVAO: OK.
THE COURT: You're telling me that, at this time, you are calling him as a witness, is that right?
MS. GERAGOS: If I could just elaborate. What we have given the government is a witness list for our case in chief. We do not know who the witnesses we would need to call on our direct case would be for possible impeachment areas for witnesses that the government would call on their -- that they called on their case in chief. The reasons are important because, at this time, we can't really tell your Honor who we know we would call. But there are several allegations that the government could bring up during their direct examination that we would explore during cross that may lead to witnesses we would call on our case in chief. That would just be for impeachment reasons. At this time, we can't say who definitely would call and we certainly --
THE COURT: Why wasn't it raised before this morning when he's here with the entire family?
MS. GERAGOS: Your Honor, I apologize. I brought this to up to Ms. Comey, but not Ms. Johnson, yesterday. This is my fault. And then I didn't follow up on it last night. I apologize. We're not looking to not have to have her have support people. Her brother is here, who was around all the while in their relationship, and we have --
THE COURT: Her brother is here?
MS. GERAGOS: We have no problem with her brother.
THE COURT: How old is her brother?
MS. GERAGOS: Her brother is a couple years...
MS. JOHNSON: Mid 30s.
THE COURT: OK. And her children are here?
MS. JOHNSON: Her children are not here.
THE COURT: They. Are not here.
MS. JOHNSON: No.
THE COURT: So who's here?
MS. JOHNSON: Her brother is here, her cousin, and husband. Now, with respect to the husband and his very small factual overlap with this case, the government is open to discussing what stipulations could be reached to obviate any means --
THE COURT: Let's do this, because we have the jury and everyone sitting here. There's been a request for the break. I'll let the jury go back to the jury room just for a second. That way, whoever needs to take a break, take a break, and then discuss this in open court.
MS. JOHNSON: All right.
THE COURT: Thank you.
(Continued on next page)
(In open court)
THE COURT: All right. Members of the jury, we're going to take a brief break so that people can stretch their legs, and there is some things we need to take care of here. Let's take a ten-minute break and we'll be back at -- It's 10:52. Let's try to get back by 10:55. All rise for the jury.
(Continued on next page)