DIRECT EXAMINATION BY MS. STEINER:
MS. STEINER: Good afternoon, Ms. Richard.
DAWN RICHARD: Hello.
MS. STEINER: How old are you?
DAWN RICHARD: 42.
MS. STEINER: Where are you from?
DAWN RICHARD: I'm from New Orleans, Louisiana.
MS. STEINER: What, if any, musical background did you have growing up in New Orleans, Louisiana?
DAWN RICHARD: I was a singer and dancer, and my father was a singer, as well.
MS. STEINER: How far did you go in school?
DAWN RICHARD: I have a bachelor's degree.
MS. STEINER: Directing your attention to the time period from 2004 to 2011, were you working in the music industry at that time?
DAWN RICHARD: Yes.
MS. STEINER: Who were you working for?
DAWN RICHARD: Puff, Sean Combs.
MS. STEINER: When you say Puff, were you signed to a particular label?
DAWN RICHARD: I was signed to Bad Boy Records.
MS. STEINER: Is that a company that was owned by Sean Combs?
DAWN RICHARD: Yes.
MS. STEINER: Ms. Richard, do you see Mr. Combs in the courtroom today?
DAWN RICHARD: Yes.
MS. STEINER: And I'll ask that you identify him, please, by an article of clothing.
DAWN RICHARD: The white or the cream.
THE COURT: Indicating the defendant.
MS. STEINER: Do you know Mr. Combs by any other names?
DAWN RICHARD: I called him Puff.
MS. STEINER: I will refer to him as Puff, as well, for purposes of clarity. Without getting into any of the details, can you describe, at a high level, your employment for Puff during that period of time.
DAWN RICHARD: I was a part of a girl group called Danity Kane --
THE COURT: Ms. Steiner, let's refer to him as Mr. Combs, please.
MS. STEINER: Of course, your Honor. A. I was a part of a girl group, one of five, I was one of five, and I was a part of another group called Diddy Dirty Money.
MS. STEINER: During your employment for Mr. Combs, did you meet any of his girlfriends?
DAWN RICHARD: Yes, I did.
MS. STEINER: Who did you meet?
DAWN RICHARD: Cassie.
MS. STEINER: Ms. Gavin, can we please put up for the parties, the jury, and the Court, Government Exhibit 2A-401.
MS. STEINER: Ms. Richard, who is depicted in this image?
DAWN RICHARD: That's Cassie.
MS. STEINER: Approximately when did you first meet Cassie?
DAWN RICHARD: In 2005.
MS. STEINER: Did you continue to see Cassie after meeting her?
DAWN RICHARD: Yes.
MS. STEINER: And would you see her with Mr. Combs?
DAWN RICHARD: Yes, I would.
MS. STEINER: Approximately how often?
DAWN RICHARD: Frequently, all the time.
MS. STEINER: Directing your attention now to 2009, did you observe an incident between Mr. Combs and Cassie?
DAWN RICHARD: Yes, I did.
MS. STEINER: Can you please describe that, what you observed generally.
DAWN RICHARD: I observed Cassie being attacked.
MS. STEINER: And when you say that Cassie was attacked, who was she attacked by?
DAWN RICHARD: She was attacked by Sean Combs.
MS. STEINER: Again, at a high level, what did you observe of that attack?
DAWN RICHARD: He came down the stairs, screaming, belligerent, asking where his food was, and proceeded to hit her over the head and then kick and beat her on the ground in front of us.
MS. STEINER: After that incident, were there any other occasions when you observed Mr. Combs being physically violent with Cassie?
DAWN RICHARD: Yes.
MS. STEINER: How frequently?
DAWN RICHARD: Often.
MS. STEINER: We will return to the abuse you observed in a moment.
MR. AGNIFILO: I'm going to object to the characterization by the prosecutor.
THE COURT: That's sustained.
MS. STEINER: I can rephrase.
MS. STEINER: We'll return to that topic in a moment, Ms. Richard. Before we do, I want to ask you a few questions about your employment for Mr. Combs. You testified earlier that you were a member of a group called Diddy Dirty Money. Can you please describe for the jury what Diddy Dirty Money is.
DAWN RICHARD: It was an electrosoul trio, and it consisted of myself, Kaleena Harper, and Sean Combs.
MS. STEINER: Ms. Gavin, can you please put up for the Court, the parties, and the witness what has been marked as Government Exhibit 9M-105.
MS. STEINER: Ms. Richard, do you recognize this image?
DAWN RICHARD: Yes, I do.
MS. STEINER: Generally, what does it depict?
DAWN RICHARD: It's Diddy Dirty Money.
MS. STEINER: Is it a fair and accurate depiction of the members of Diddy Dirty Money?
DAWN RICHARD: Yes.
MS. STEINER: The government offers Government Exhibit 9M-105.
MR. AGNIFILO: No objection.
THE COURT: 9M-105 will be admitted.
(Government's Exhibit 9M-105 received in evidence)
MS. STEINER: Ms. Gavin, can you please publish that for the jury?
MS. STEINER: Ms. Richard, can you please describe who is depicted in the image.
DAWN RICHARD: On the right is Kaleena Harper, on the left is myself, and on the left is Sean Combs.
MS. STEINER: Are those who were the members of Diddy Dirty Money?
DAWN RICHARD: Yes.
MS. STEINER: Approximately when were you a member of this group?
DAWN RICHARD: Through 2009 to 2011.
MS. STEINER: Ms. Gavin, please take that down.
MS. STEINER: When you were a member of the group Diddy Dirty Money, was Mr. Combs your boss?
DAWN RICHARD: Yes, he was.
MS. STEINER: How frequently did you interact with Mr. Combs?
DAWN RICHARD: Frequently.
MS. STEINER: And generally, where did you work when you were a member of Diddy Dirty Money?
DAWN RICHARD: It varied. It could be the studio, it could be his home, and it could be in hotels, as well.
MS. STEINER: Where did Mr. Combs have homes or residences at that time?
DAWN RICHARD: Los Angeles, New York, and Miami.
MS. STEINER: You testified earlier about an incident that occurred in 2009 between Mr. Combs and Cassie. Do you recall that, Ms. Richard?
DAWN RICHARD: I do.
MS. STEINER: Where did that incident take place?
DAWN RICHARD: In his Los Angeles home.
MS. STEINER: And when you say he, are you referring to Mr. Combs?
DAWN RICHARD: Sean Combs.
MS. STEINER: Ms. Gavin, can you please bring up what's already in evidence as Government Exhibit 2B-101. Thank you.
MS. STEINER: Ms. Richard, do you recognize this image?
DAWN RICHARD: I do.
MS. STEINER: What is this image of?
DAWN RICHARD: This is Sean Combs's LA home.
MS. STEINER: At the time of this incident in 2009, why were you in Mr. Combs's residence?
DAWN RICHARD: We were recording.
MS. STEINER: And when you say we, who are you referring to?
DAWN RICHARD: Kaleena Harper and myself.
MS. STEINER: Where in the home, generally, were you recording?
DAWN RICHARD: At the bottom, lower level, he has a studio. Sean Combs has a studio at the bottom.
MS. STEINER: Approximately what time of day were you in the residence?
DAWN RICHARD: It was nighttime.
MS. STEINER: And at the time that you were there for purposes of recording, was Cassie in the house?
DAWN RICHARD: She was.
MS. STEINER: Where was she located?
DAWN RICHARD: In the kitchen on the second level.
MS. STEINER: Where were you located when Cassie was in the kitchen?
DAWN RICHARD: We were -- Kaleena and I were in the kitchen with her.
MS. STEINER: We can take this down. Thank you.
MS. STEINER: Ms. Richard, what, if anything, was Cassie doing in the kitchen?
DAWN RICHARD: She was cooking breakfast. She was cooling eggs.
MS. STEINER: And you said she was cooking breakfast. Was she doing that at night?
DAWN RICHARD: At night, yeah.
MS. STEINER: Just to be clear. And where was Mr. Combs at that time?
DAWN RICHARD: He was at the top level, the floor above us.
MS. STEINER: What did you observe Mr. Combs do?
DAWN RICHARD: He came downstairs angry and was saying where the fuck was his eggs. Excuse my language. And he was telling Cassie that she never gets anything right, where the fuck is his food, and he proceeded to come over to her and took the skillet with the eggs in it and tried to hit her over the head with it and she fell to the ground.
MS. STEINER: Let me ask you a couple questions about that. You testified that Mr. Combs grabbed a skillet of eggs, correct?
DAWN RICHARD: Correct.
MS. STEINER: Can you describe the skillet?
DAWN RICHARD: It was a black skillet, just something you would cook eggs, in, flat pan.
MS. STEINER: Can you describe the material?
DAWN RICHARD: Like -- I don't -- a regular pan, a skillet that you would see at any store. I don't --
MS. STEINER: And you said that he attempted to hit her; is that correct?
DAWN RICHARD: Correct.
MS. STEINER: Where did he attempt to hit her with the skillet?
DAWN RICHARD: Over the head.
MS. STEINER: And you testified also that Cassie dropped to the ground; is that correct?
DAWN RICHARD: She fell to the ground.
MS. STEINER: So did the skillet hit her?
DAWN RICHARD: It didn't seem that he hit her fully. It seemed like she was anticipating it by going down.
MS. STEINER: When you just said that Cassie dropped to the ground, can you describe specifically what she did.
DAWN RICHARD: She went into fetal position. You could see she was literally trying to hide her face or her head.
MS. STEINER: Did you see Cassie respond with any physical force?
DAWN RICHARD: No.
MS. STEINER: Based on your observations of Cassie's reaction, so falling to the ground and going into the fetal position, what, if any, understanding did you have?
MR. AGNIFILO: I'm going to object to the form of the question.
THE COURT: Can you rephrase the question.
MS. STEINER: Of course, your Honor.
MS. STEINER: Ms. Richard, you testified a moment ago that Cassie dropped to the ground; is that correct?
DAWN RICHARD: Correct.
MS. STEINER: And assumed the fetal position?
DAWN RICHARD: She did.
MS. STEINER: Is that correct?
DAWN RICHARD: That's correct.
MS. STEINER: Did you have any understanding about why she did that?
MR. AGNIFILO: Objection, Judge.
MS. STEINER: This is just the witness's understanding, your Honor.
THE COURT: I think it's the why she did that portion of it. So perhaps you could use a different phrasing.
MS. STEINER: Of course.
MS. STEINER: How did Cassie react?
DAWN RICHARD: She fell to the ground into fetal position, and it seemed like she was doing it --
MR. AGNIFILO: I'm going to object to the answer as not responsive.
THE COURT: That's overruled.
MS. STEINER: You can answer, Ms. Richard. A. It seemed as if she was doing it as if it was something she did often.
MR. AGNIFILO: I'm going to object to that as nonresponsive and move to strike it.
THE COURT: That's granted. The jury should disregard the witness's last answer.
MS. STEINER: Ms. Richard, what happened after Cassie dropped to the ground in the fetal position?
DAWN RICHARD: He started to punch her and kick her.
MS. STEINER: And again, when you say he, who are you referring to?
DAWN RICHARD: Sean Combs.
MS. STEINER: Where was Mr. Combs kicking and punching Cassie?
DAWN RICHARD: Her body and her head.
MS. STEINER: After you observed Mr. Combs kicking and punching Cassie on the ground, what did you observe next?
DAWN RICHARD: He proceeded to take his arm around her neck and put his hand in her hair and dragged her upstairs to the first floor.
MS. STEINER: What, if anything, did you hear from upstairs?
DAWN RICHARD: Glass breaking and yelling.
MS. STEINER: Ms. Richard, how did you react to seeing and hearing this?
DAWN RICHARD: I was scared for her and scared to do anything in fear of what that might mean for me, too.
MS. STEINER: Ms. Richard, when you say you were scared of doing anything, did you intervene between Mr. Combs and Cassie?
DAWN RICHARD: No.
MS. STEINER: Did you call for law enforcement assistance?
DAWN RICHARD: No.
MS. STEINER: Why not?
DAWN RICHARD: I had never seen anything like that before and I didn't know what that would mean. I was scared of what that might mean for myself.
MS. STEINER: Can you explain what you mean by that?
DAWN RICHARD: He was punching his girlfriend, he was beating her up in front of us, and I was scared if I intervened or did anything, that it might get worse.
MS. STEINER: What, if anything, were you directed to do the next day?
DAWN RICHARD: Sean Combs called us to come in and record.
MS. STEINER: When you say we, who are you referring to?
DAWN RICHARD: Kaleena and myself.
MS. STEINER: Did you follow Mr. Combs's instructions?
DAWN RICHARD: I did.
MS. STEINER: What did Mr. Combs do once you and Kaleena Harper arrived at his residence?
DAWN RICHARD: He brought us into the recording studio and locked the door.
MS. STEINER: What, if anything, did Mr. Combs tell you and Kaleena in the locked recording studio?
DAWN RICHARD: He said that what we saw was a passion and what lovers in relationships do. He said that she was okay and that it would be in our best interests if we didn't say anything. He was trying to take us to the top, and that, where he comes from, people go missing if they say things like that, like, if people talk. And then he gave us flowers.
MS. STEINER: When Mr. Combs told you that people can end up missing, what did you understand him to be meaning?
DAWN RICHARD: That people could die, death. I don't know, it just seemed Cassie --
MR. AGNIFILO: I'm going to object to this entire line, your Honor, and move to strike it.
MS. STEINER: Your Honor, this is the defendant's statements that she is explaining her understanding of.
THE COURT: First of all, I think there needs to be an objection. If you'd like a sidebar to address the issue, you can request a sidebar.
MR. AGNIFILO: Yes, Judge.
THE COURT: All right. Let's have a sidebar.
(Continued on next page)
(At the sidebar)
THE COURT: What is the objection?
MR. AGNIFILO: First of all, I think this is getting into forbidden territory. This is part of the forced labor your Honor ruled they could not get into. There's no other relevance to what's going on in the recording studio other than that. So I think, first of all, it runs afoul on the Court's ruling and it's unduly prejudicial, it's not relevant to any of the charges.
THE COURT: Ms. Steiner.
MS. STEINER: Your Honor, this is describing the witness's mental state in response to a threat made to her directly by the defendant. It's an act of attempted obstruction, and as she's going to continue to testify, threats such as this were always in the back of her mind when she was observing this by the defendant and was a primary reason why she did not take other actions in response to what she observed. It's also directly relevant to what's been alleged in the government's indictment about the way the defendant would make use of threats in response to individuals attempting to intervene with his conduct, and this was squarely within what the government described as being part of its case.
MR. AGNIFILO: If I could. This is not charged as obstructive conduct. If the government is saying that this is part of the obstruction count, that's news to us. This is --
THE COURT: Let me raise this question. It is now 4:55. So at this point, given that this issue has arisen, although, not to be a broken record, but this seems like the kind of thing that would have been raised on a motion in limine, understanding that Ms. Richard was going to testify. That was clarified as late as the April 25th conference where Ms. Johnson specifically said Ms. Richard is going to testify. At that time, the defense would have had questions about what the scope of that testimony would be, which they could have raised at that time. So let's take our recess for the weekend, we can address briefly the issue, we'll see what we can do about it.
(Continued on next page)
(In open court)
THE COURT: Members of the jury, we are going to stay and keep working here, but you are off for the weekend. I want to say on behalf of everyone here, thank you, thank you, thank you so much for your hard work this week. You are always on time, you are always paying attention, and we know how hard this is on you, your families, your loved ones, everyone. But as I said at the beginning of this proceeding, your work here is the bedrock of not only this case, but of our democracy, and I really mean that. And so I want you to remember that this is really important and we all know that. So we will keep working over the weekend, but you take that time off. You can watch the Mets-Yankees, the Nicks, if you're not into sports, there's all sorts of other stuff to do. Have a great and relaxing weekend and we'll see you here on Monday. Just a reminder, on Monday, we are changing our schedule. I'll ask you to be back here at 8:30, I know that's early, and I apologize for that. In exchange of that, you're going to get out of here earlier, so you can go home much earlier than we've been going home this week. And so that's the exchange. Again, do not talk to each other about the case, do not talk to anyone else about the case, even your loved ones, your family, do not look up anything about the case, and you should have no discussions whatsoever about the case. Other things, that's fine. Have a great weekend. All rise.
(Continued on next page)
(Jury not present)
THE COURT: Ms. Richard, can you leave the stand at this time and we'll see you back here on Monday. Thank you very much.
(Witness not present)