DIRECT EXAMINATION BY MS. SMYSER:
MS. SMYSER: Good afternoon, Special Agent Binda.
YASIN BINDA: Good afternoon.
MS. SMYSER: Could you please state and spell your name for the record.
YASIN BINDA: Yasin Binda, Y-a-s-i-n B-i-n-d-a.
MS. SMYSER: Where do you work?
YASIN BINDA: I work at Homeland Security Investigations.
MS. SMYSER: Is Homeland Security Investigations also known as HSI?
YASIN BINDA: Yes.
MS. SMYSER: What is your title with HSI?
YASIN BINDA: I am a special agent.
MS. SMYSER: How long have you worked with HSI?
YASIN BINDA: For a little over five years.
MS. SMYSER: Do you work in a particular group there?
YASIN BINDA: Yes.
MS. SMYSER: What group is that?
YASIN BINDA: The human trafficking group.
MS. SMYSER: How long have you worked with the human trafficking group?
YASIN BINDA: A little over four years.
MS. SMYSER: What are some of your responsibilities as a special agent with the human trafficking group?
YASIN BINDA: I conduct criminal investigations, both domestic and internationally.
MS. SMYSER: Do you have any other roles at HSI?
YASIN BINDA: Yes, I do.
MS. SMYSER: What are those?
YASIN BINDA: I'm a crisis negotiator.
MS. SMYSER: What does that mean?
YASIN BINDA: We help our special response team when they go out on warrants to deescalate situations.
MS. SMYSER: Special Agent Binda, I want to focus on the particular things you did in this case. Did you serve any subpoenas in connection with this case?
YASIN BINDA: Yes, I did.
MS. SMYSER: Ms. Gavin, could you please pull up what is in evidence as Government Exhibit 2A-602.
MS. SMYSER: Do you recognize this person?
YASIN BINDA: Yes, I do.
MS. SMYSER: Who is it?
YASIN BINDA: Mr. Paul Arthur.
MS. SMYSER: How do you recognize him?
YASIN BINDA: I served him with a subpoena.
MS. SMYSER: When did you serve him with a subpoena?
YASIN BINDA: March 27th of 2024.
MS. SMYSER: You can take that down.
MS. SMYSER: Stepping back just a moment. As a special agent with HSI, do you participate in the searches of premises?
YASIN BINDA: Yes, I do.
MS. SMYSER: What kind of trainings, if any, have you received regarding the execution of search warrants?
YASIN BINDA: I received training at my academy, and I also had experience throughout my years with Homeland Security conducting search warrants.
MS. SMYSER: Approximately how many times have you participated in premises search warrants?
YASIN BINDA: Around five to ten.
MS. SMYSER: What kinds of premises have you searched?
YASIN BINDA: Houses, apartments, and brothels.
MS. SMYSER: Now I want to direct your attention to September 16th of 2024. Did you participate in a search that day?
YASIN BINDA: Yes, I did.
MS. SMYSER: Where was that search?
YASIN BINDA: That search was at the Park Hyatt in Manhattan.
MS. SMYSER: What kind of building is the Park Hyatt?
YASIN BINDA: It's a hotel.
MS. SMYSER: What were you doing immediately prior to that search?
YASIN BINDA: I was at our office at 26 Federal Plaza handling logistics.
MS. SMYSER: What were you handling logistics for?
YASIN BINDA: The arrest of Mr. Sean Combs.
MS. SMYSER: Did you find out whether Mr. Sean Combs was arrested on September 16th, 2024?
YASIN BINDA: Yes.
MS. SMYSER: And how did you know that?
YASIN BINDA: I knew that because I saw him at our office.
MS. SMYSER: What did you do after you finished with the arrest logistics?
YASIN BINDA: I headed to the Park Hyatt.
MS. SMYSER: Did you end up searching a particular room at the Park Hyatt?
YASIN BINDA: Yes.
MS. SMYSER: What room did you search?
YASIN BINDA: 2115.
MS. SMYSER: Who was staying in that room?
YASIN BINDA: Mr. Sean Combs.
MS. SMYSER: Ms. Gavin, could you please pull up for the witness, Court, and parties what has been marked for identification as Government Exhibit 2B-133.
MS. SMYSER: Special Agent Binda, do you recognize what is depicted here?
YASIN BINDA: Yes, I do.
MS. SMYSER: What is it?
YASIN BINDA: It's the entrance of the Park Hyatt.
MS. SMYSER: How do you recognize it?
YASIN BINDA: Because that's where I went for the search warrant.
MS. SMYSER: Is this a fair and accurate depiction of the Park Hyatt hotel?
YASIN BINDA: Yes.
MS. SMYSER: And just remind us where that hotel is located?
YASIN BINDA: In Manhattan.
MS. SMYSER: Your Honor, the government offers Government Exhibit 2B-133.
MS. GERAGOS: No objection.
THE COURT: 2B-133 will be admitted.
(Government's Exhibit 2B-133 received in evidence)
MS. SMYSER: Ms. Gavin, could you please publish that for the jury.
MS. SMYSER: Special Agent Binda, just remind the jury what they're looking at here.
YASIN BINDA: This is the front entrance of the Park Hyatt.
MS. SMYSER: Special Agent Binda, was the search you did at the Park Hyatt hotel authorized by a search warrant?
YASIN BINDA: Yes, it was.
MS. SMYSER: Approximately what time of day did you execute that warrant?
YASIN BINDA: Around 11:30 p.m.
MS. SMYSER: Was anyone besides law enforcement present for the search?
YASIN BINDA: No.
MS. SMYSER: You can take that down, Ms. Gavin.
MS. SMYSER: Special Agent Binda, could you please walk us through the process by which the hotel room was searched.
YASIN BINDA: Yes. So at first we cleared the hotel room to make sure that no one else was there, afterwards we took a video of the hotel room, then we proceeded with the search, which started marking each room with a piece of paper that contained a letter designating each room, and then we commenced the search.
MS. SMYSER: Generally, what happens if an agent who is searching a room finds something of interest?
YASIN BINDA: They will call the photographer so that piece of evidence could be photographed. The photographer will photograph it, there will be an inventory log of it, and whoever found the item will place it in an evidence bag and mark the evidence bag appropriately.
MS. SMYSER: What was your role during this particular search?
YASIN BINDA: I was the photographer.
MS. SMYSER: And what did you do as the photographer?
YASIN BINDA: Whenever a piece of evidence was found, I took a picture of that evidence or anything of interest.
MS. SMYSER: Where did you typically photograph the items?
YASIN BINDA: Where the items were found.
MS. SMYSER: Were the items always photographed exactly where they had been located when law enforcement came into the room?
YASIN BINDA: No.
MS. SMYSER: And why not?
YASIN BINDA: Sometimes items are found in bags or in suitcases, and those items were in a closet, so we had to move them.
MS. SMYSER: What happened to the particular items seized from the Park Hyatt hotel room after you photographed them?
YASIN BINDA: They were then brought to the office for further processing.
MS. SMYSER: Did you see all the items in the hotel room before they were brought to the office?
YASIN BINDA: Yes, I did.
MS. SMYSER: What, if anything, did you do related to the items after the search?
YASIN BINDA: I then signed for all of the items.
MS. SMYSER: When you say you signed for the items, what do you mean?
YASIN BINDA: I mean that I took responsibility for them and signed on our 6051 forms that I had been in possession of the items.
MS. SMYSER: What's a 6051 form?
YASIN BINDA: A 6051 form talks about what was seized from which room, and then it also shows the chain of custody of that particular item.
MS. SMYSER: And what's the purpose of completing 6051 forms?
YASIN BINDA: So that we know that the evidence maintain a clear chain of custody.
MS. SMYSER: Special Agent Binda, now I want to direct your attention to the binder that's in front of you, which contains what's been marked for identification as Government Exhibits 1D-104, 1D-108 through 111, 1D-113 through 114, 1D-118 through 120, 1D-123, 1D-125, 1D-129, 1D-131, 1D-133, 1D-135 through 136, 1D-138 through 139 and 1D-141. Could you just take a moment and flip through that binder and tell me if you recognize what is in it.
YASIN BINDA: Yes, I recognize these.
MS. SMYSER: What are they?
YASIN BINDA: These are photographs that I took at the Park Hyatt.
MS. SMYSER: How do you know that?
YASIN BINDA: Because I recognize the photos.
MS. SMYSER: Are they fair and accurate depictions of the Park Hyatt hotel on September 16th, 2024?
YASIN BINDA: Yes.
MS. SMYSER: Your Honor, the government offers the exhibits that I just listed for identification purposes.
THE COURT: Any objection?
MS. GERAGOS: No objection.
THE COURT: Those exhibits will be admitted.
(Government's Exhibits 1D-104, 1D-108 through 111, 1D-113 through 114, 1D-118 through 120, 1D-123, 1D-125, 1D-129, 1D-131, 1D-133, 1D-135 through 136, 1D-138 through 139 and 1D-141 received in evidence)
MS. SMYSER: Special Agent Binda, next I want to walk through the layout of the hotel room. Let's start with the entrance of the hotel room.
MS. SMYSER: Ms. Gavin, could you please display Government Exhibit 1D-104, which is in evidence.
MS. SMYSER: Special Agent Binda, could you explain what the jury is looking at here.
YASIN BINDA: Yes. So you see room 2115 in the corner. You see the front entrance of the hotel room. The door is being opened by my colleague, and there is a wall right behind that door. You see my reflection in the mirror that's opposite the front entrance door.
MS. SMYSER: And just focusing on that document that's labeled A, do you see that on the screen?
YASIN BINDA: Yes, I do.
MS. SMYSER: What is that?
YASIN BINDA: That is the room designation marker that I talked about earlier.
MS. SMYSER: And did every room that was searched have one of these designation markers?
YASIN BINDA: Yes.
MS. SMYSER: What is to the right of this mirror?
YASIN BINDA: To the right of the mirror is a wall.
MS. SMYSER: And what about to the left?
YASIN BINDA: To the left is a hallway that leads further into the room.
MS. SMYSER: Ms. Gavin, could you now please pull up side-by-side Government Exhibit 1D-125 with Government Exhibit 1D-109.
MS. SMYSER: Special Agent Binda, first I want to focus on the photograph on the left-hand side of this screen. Could you first explain where this is in relation to the entryway we were just looking at.
YASIN BINDA: Yes. So the entryway that we were just looking at would be to the left of that marker B. This is taken from the back portion of what I consider the living room.
MS. SMYSER: Do you see a document labeled B in that photograph?
YASIN BINDA: I do.
MS. SMYSER: What does that represent?
YASIN BINDA: That's representing the hallway closet as a room.
MS. SMYSER: I want to focus now on the right-hand side of the screen, Government Exhibit 1D-109. What does that show?
YASIN BINDA: So that would be right in front of that hallway closet, room B, and you're looking at the open space, which has a seating area, to the right a table, and then a couch and TV.
MS. SMYSER: Is there also a bedroom in this hotel room?
YASIN BINDA: Yes, there is.
MS. SMYSER: Where is that in relation to this living room area?
YASIN BINDA: So between the table and the sofa, there's a doorway, and you would go through that doorway to get into the bedroom.
MS. SMYSER: Is there a full bathroom?
YASIN BINDA: Yes, there is.
MS. SMYSER: Where is that?
YASIN BINDA: Once you go into the bedroom, on your right-hand side, you'll go through another hallway and closet, and then it would lead you into the full bath.
MS. SMYSER: Ms. Gavin, could you now please pull up side by side again Government Exhibit 1D-114 and Government Exhibit 1D-120.
MS. SMYSER: Special Agent Binda, what is depicted in Government Exhibit 1D-114?
YASIN BINDA: That's the bedroom.
MS. SMYSER: And what about 1D-120?
YASIN BINDA: That's the left-hand side of the bathroom.
MS. SMYSER: You can take those down, Ms. Gavin.
MS. SMYSER: Now I want to walk through certain items that you found during the search. You testified earlier that there was a closet near the entryway that was labeled B. Do you remember that?
YASIN BINDA: Yes.
MS. SMYSER: Ms. Gavin, could you please pull up Government Exhibit 1D-108.
MS. SMYSER: What are we looking at here?
YASIN BINDA: This is the hallway closet that's marked as room B.
MS. SMYSER: And what is depicted at the bottom of this closet?
YASIN BINDA: There are several bags at the bottom of the closet.
MS. SMYSER: Let's next pull up Government Exhibit 1D-131.
MS. SMYSER: Special Agent Binda, what is this?
YASIN BINDA: This is one Ziploc bag filled with Johnson's baby oil, and you see another Ziploc bag filled with Astroglide that was found in one of the hallway bags in the closet.
MS. SMYSER: Ms. Gavin, could you now please display Government Exhibit 1D-129.
MS. SMYSER: What is this?
YASIN BINDA: This is a hard drive that was also found in one of the bags in the hallway closet.
MS. SMYSER: Where was it found? Oh, sorry.
YASIN BINDA: It was in one of the bags in the hallway closet.
MS. SMYSER: I just want to direct your attention to the cart beside you to what has been marked for identification as Government Exhibit A-1500. Do you see that?
YASIN BINDA: Yes, I do.
MS. SMYSER: What is that?
YASIN BINDA: That is the hard drive that is shown in this picture.
MS. SMYSER: Ms. Gavin, could you please display Government Exhibit 1301, and turn to page 3. Could you just zoom in on paragraph 16. I'm going to read 16C here. On or about September 16, 2024, in the vicinity of the Park Hyatt hotel, in New York, New York, HSI seized the following electronic devices following Combs's arrest: Government Exhibit A-1500, a hard drive from Park Hyatt, room 2115. You can take that down, Ms. Gavin.
MS. SMYSER: Special Agent Binda, I next want to focus on the living room of that hotel room.
MS. SMYSER: Ms. Gavin, could you please display Government Exhibit 1D-110.
MS. SMYSER: What is this?
YASIN BINDA: This looks to be a lighting device.
MS. SMYSER: Where was this lighting device located?
YASIN BINDA: This was in the living room.
MS. SMYSER: And how would you describe the lighting device?
YASIN BINDA: I would describe it as potentially mood lighting.
MS. SMYSER: You can take that down, Ms. Gavin.
MS. SMYSER: Let's move on next to the bathroom. What, if anything, was found in the bathroom?
YASIN BINDA: In the bathroom we found several bottles of baby oil.
MS. SMYSER: Ms. Gavin, could you please display Government Exhibit 1D-123.
MS. SMYSER: What does this show?
YASIN BINDA: This shows five bottles of baby oil that were found in the bathtub in the bathroom.
MS. SMYSER: And were they in this position when they were found?
YASIN BINDA: Yes, they were.
MS. SMYSER: I just want to clarify here, are the bottles with the green caps, are those baby oil?
YASIN BINDA: Yes.
MS. SMYSER: And are the others lubricant?
YASIN BINDA: Yes.
MS. SMYSER: You can take that down, Ms. Gavin.
MS. SMYSER: Special Agent Binda, next I want to turn to the bedroom.
MS. SMYSER: Ms. Gavin, could you please display Government Exhibit 1D-118.
MS. SMYSER: What generally is depicted here?
YASIN BINDA: A nightstand.
MS. SMYSER: Where is this nightstand in relation to the bed?
YASIN BINDA: This was on the right side of the bed.
MS. SMYSER: Ms. Gavin, could you please zoom in on the brown bag on the right-hand side of the photo.
MS. SMYSER: What brand is that bag?
YASIN BINDA: A Louis Vuitton bag.
MS. SMYSER: What, if anything, was found inside of the bag?
YASIN BINDA: There was a bottle of medication found.
MS. SMYSER: Ms. Gavin, could you please pull up Government Exhibit 1D-139.
MS. SMYSER: What is this?
YASIN BINDA: That was the bottle of medication that was found in the bag.
MS. SMYSER: What is the name on this pill bottle?
YASIN BINDA: Frank Black.
MS. SMYSER: You can take that down, Ms. Gavin.
MS. SMYSER: Was anything found inside of this nightstand?
YASIN BINDA: Yes.
MS. SMYSER: Ms. Gavin, could you please display Government Exhibit 1D-133.
MS. SMYSER: What are we looking at here?
YASIN BINDA: Those are two bottles of lubricant.
MS. SMYSER: And where were they found?
YASIN BINDA: They were found in the drawer of the nightstand.
MS. SMYSER: Special Agent Binda, we've now looked at several pictures of baby oil and lubricant. Was that all of the baby oil and lubricant found in the hotel room?
YASIN BINDA: No.
MS. SMYSER: You can take that down, Ms. Gavin.
MS. SMYSER: Were there any other nightstands in the hotel room?
YASIN BINDA: Yes.
MS. SMYSER: Ms. Gavin, could you please display Government Exhibit 1D-111.
MS. SMYSER: What generally are we looking at here?
YASIN BINDA: This is the nightstand that was on the left side of the bed.
MS. SMYSER: Do you see a red item in that picture?
YASIN BINDA: Yes, I do.
MS. SMYSER: What is that?
YASIN BINDA: That's a red iPhone.
MS. SMYSER: Special Agent Binda, I want to direct your attention to what's been marked for identification as Government Exhibit A-1300 beside you. What is that?
YASIN BINDA: This is the iPhone that is depicted in the picture.
MS. SMYSER: Ms. Gavin, could you please display Government Exhibit 1301 and return to page 3, and zoom in on paragraph 16. This paragraph states that on or about September 16, 2024, HSI seized the following electronic devices following Combs's arrest, including, B, Government Exhibit A-1300, a cellphone from the Park Hyatt, room 2115. Ms. Gavin, you can take that down.
MS. SMYSER: Special Agent Binda, was anything else found inside of this nightstand?
YASIN BINDA: Yes.
MS. SMYSER: Ms. Gavin, could you please display Government Exhibit 1D-135.
MS. SMYSER: What does this show?
YASIN BINDA: This shows a bottle of medication.
MS. SMYSER: Ms. Gavin, could you please display Government Exhibit 1D-138.
MS. SMYSER: What is this?
YASIN BINDA: These two bags were found inside the bottle of medication.
MS. SMYSER: Where was this bottle of medication found?
YASIN BINDA: In the drawer of the nightstand.
MS. SMYSER: Was there a name on this bottle?
YASIN BINDA: No, there wasn't.
MS. SMYSER: Special Agent Binda, now I want to direct your attention to what's been marked for identification as Government Exhibit 1D-150 beside you. Do you recognize this?
YASIN BINDA: Yes, I do.
MS. SMYSER: What is it?
YASIN BINDA: This is the pink powder and the medication bottle that was depicted in the picture.
MS. SMYSER: At this point, your Honor, I'd like to offer Government Exhibit 1305, which is a stipulation between the parties.
THE COURT: All right. The stipulation will be admitted.
(Government's Exhibit 1305 received in evidence)
MS. SMYSER: Ms. Gavin, could you please display Government Exhibit 1305, and let's zoom in first on the bottom two paragraphs. I will read these. The parties stipulate and agree that Government Exhibit 1D-150, described below, was seized during a search of room 2115 at the Park Hyatt hotel, on or about September 16, 2024, and was analyzed for the presence of controlled substances by a U.S. Department of Homeland Security and U.S. Customs and Border Protection laboratory. The results of this analysis are described below. Government Exhibit 1D-150 contains the following items, which were found in the hotel room's bedroom. Ms. Gavin, could you go to the next page, please. Could you zoom in on the top half of the page. A clear plastic Ziploc bag containing pink solid material, which was found in an orange plastic prescription bottle and is pictured in Government Exhibit 10A-105-A1. The pink solid material tested positive for ketamine. A clear plastic Ziploc bag containing pink solid material, which was found in the same orange prescription bottle described in paragraph 2A. The pink solid material tested positive for MDMA and ketamine. Your Honor, the government would offer Government Exhibits 1D-150 and Government Exhibit 10A-105-A1.
MS. GERAGOS: No objection.
THE COURT: Those exhibits will be admitted.
(Government's Exhibits 1D-150 and 10A-105-A1 received in evidence)
MS. SMYSER: Ms. Gavin, could you please display Government Exhibit 10A-105-A1. And while she's doing that, your Honor, could we please have permission to pass the physical exhibit around for the jury so they can inspect it?
THE COURT: Any objection to that?
MS. GERAGOS: No, your Honor.
THE COURT: You may proceed.
MS. SMYSER: Special Agent Binda, I'd like to focus on another item now.
MS. SMYSER: Ms. Gavin, could you please display Government Exhibit 1D-113.
MS. SMYSER: Special Agent Binda, away does this show?
YASIN BINDA: This shows a black fanny pack that's hanging off of the bed.
MS. SMYSER: Was anything found in that bag?
YASIN BINDA: Yes.
MS. SMYSER: What?
YASIN BINDA: $9,000.
MS. SMYSER: Ms. Gavin, could you please display Government Exhibit 1D-141.
MS. SMYSER: What does this show?
YASIN BINDA: This is a picture of the $9,000 that were in the black fanny pack.
MS. SMYSER: Special Agent Binda, I want to direct your attention to what's been marked for identification as Government Exhibit 1D-151 in the cart beside you. Do you recognize this?
YASIN BINDA: Yes, I do.
MS. SMYSER: What is it?
YASIN BINDA: This is the black fanny pack that's depicted in the picture.
MS. SMYSER: How do you know?
YASIN BINDA: By the description on the evidence bag and by the 6051 that's also with the evidence bag.
MS. SMYSER: And did you sign that 6051?
YASIN BINDA: I did.
MS. SMYSER: Your Honor, the government offers Government Exhibit 1D-151.
MS. GERAGOS: No objection.
THE COURT: That exhibit will be admitted.
(Government's Exhibit 1D-151 received in evidence)
MS. SMYSER: Special Agent Binda, there's some scissors next to you. Could you please cut open that evidence bag. Could you please take the cash out of the bag to display it for the jury. You can put it back in the bag. Special Agent Binda, I want to ask you a few final questions about the Park Hyatt. Were any additional electronics seized at the Park Hyatt hotel on September 16th?
YASIN BINDA: Yes.
MS. SMYSER: I want to direct your attention to two items marked for identification in the cart beside you, it's Government Exhibit A-1200 and C-400.
MS. SMYSER: While she's looking for those, Ms. Gavin, could you please pull up Government Exhibit 1301, and zoom in on paragraph 16. This paragraph reads that on or about September 16th of 2024, at the Park Hyatt hotel, HSI seized the following electronic devices following Combs's arrest: Government Exhibit A-1200, a cellphone from Combs's person, and Government Exhibit C-400, a cellphone from Kristina Khorram's person. Your Honor, may I have just a moment?
THE COURT: You may.
MS. SMYSER: No further questions.
THE COURT: Cross-examination.
MS. GERAGOS: Your Honor, just a few.
CROSS-EXAMINATION BY MS. GERAGOS:
MS. GERAGOS: Good afternoon, special agent. My name is Teny Geragos. I'll only be asking you a few questions.
YASIN BINDA: Good afternoon.
MS. GERAGOS: So we just looked through -- we'll start with the beginning of your testimony. You stated that you served a subpoena on an individual. Do you know what his name was?
YASIN BINDA: Mr. Paul Arthur.
MS. GERAGOS: Where did you serve the subpoena?
YASIN BINDA: This was at his residence.
MS. GERAGOS: In what state, what county?
YASIN BINDA: It was in Los Angeles, California.
MS. GERAGOS: And you said you served it on March 27th, 2024?
YASIN BINDA: Yes.
MS. GERAGOS: Had warrants been executed at Mr. Combs's homes two days prior to that?
YASIN BINDA: Yes.
MS. GERAGOS: Can we pull up what's already in evidence as 1D-108.
MS. GERAGOS: This was what you testified was the hallway closet of the hotel, right?
YASIN BINDA: Yes.
MS. GERAGOS: And you can see in the bottom portion there, there's several bags and suitcases, right?
YASIN BINDA: Yes.
MS. GERAGOS: And several shoeboxes in the top portion?
YASIN BINDA: Yes.
MS. GERAGOS: And several clothes on those hangers?
YASIN BINDA: Yes.
MS. GERAGOS: Were you part of the team that was monitoring Mr. Combs's movement at the Park Hyatt hotel?
YASIN BINDA: No, I was not.
MS. GERAGOS: Did it seem like he had a lot of items at the hotel when you went in, many clothes, many suitcases, many shoes?
YASIN BINDA: There are a good amount of items.
MS. GERAGOS: Were you part of the team that arrested him or were you just part of the team that processed him after he was arrested?
YASIN BINDA: I was just part of the team of the search warrant.
MS. GERAGOS: When you were in the room, did you see any bags or other items that indicated that a woman was staying with him there?
YASIN BINDA: Yes.
MS. GERAGOS: And you recovered -- I know we looked at the pink powder that you passed around to the jury, but you also recovered a marijuana cigarette, right?
YASIN BINDA: I don't recall.
MS. GERAGOS: Can we bring up just for the witness and the parties 3722-005 at page 5.
MS. GERAGOS: If I show you something, will it help refresh your recollection?
YASIN BINDA: Yes.
MS. GERAGOS: 3722-005. It's no problem if we don't have it, but if we do -- okay, we don't have it. No problem. Can we go to 1D-118 already in evidence for the Court, the parties, and the jury.
MS. GERAGOS: You testified that the Louis Vuitton bag on the top right had a pill bottle in it, right?
YASIN BINDA: Yes.
MS. GERAGOS: Can we put 1D-139 on the right half of the screen. We seem to be having technical difficulties today.
MS. GERAGOS: So you testified that that is under Frank Black at the top, right?
YASIN BINDA: Yes.
MS. GERAGOS: And you didn't testify as to what the actual pill bottle is, what does that word say, what is the medication?
YASIN BINDA: Clonazepam.
MS. GERAGOS: It indicates this was from a Walgreen's at the bottom.
YASIN BINDA: Yes.
MS. GERAGOS: You also testified about a black fanny pack that had $9,000, right?
YASIN BINDA: Yes.
MS. GERAGOS: And you seized the cash and you took it to the HSI office?
YASIN BINDA: Yes.
MS. GERAGOS: Was that supposed to be evidence of some crime?
YASIN BINDA: It could be possible that it was evidence of a crime.
MS. GERAGOS: One moment, your Honor.
MS. GERAGOS: Is that the standard for agents to take money from somebody?
YASIN BINDA: The warrant had --
MS. SMYSER: Objection.
THE COURT: It's overruled. A. The warrant had bulk cash in it, and $9,000 is considered bulk cash, so we seized it.
MS. GERAGOS: Who taught you that $9,000 is considered bulk cash?
MS. SMYSER: Objection.
THE COURT: Overruled.
YASIN BINDA: It's a significant amount of money.
MS. GERAGOS: Who taught you that $9,000 is considered bulk cash?
MS. SMYSER: Objection, your Honor.
THE COURT: Rephrase the question, please.
MS. GERAGOS: We need a sidebar on this, your Honor.
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(At the sidebar)
THE COURT: What's the relevance of any of this?
MS. GERAGOS: They brought the cash, they asked many questions on it, it's $9,000, that's less than the $10,000 amount that you would have to declare at an airport. I'm trying to understand why that's evidence of a crime. The government knows he wasn't going to hire an escort while he was here in September. They know that because of many reasons which I can proffer. So I'm just asking why the $9,000 is considered bulk cash.
THE COURT: Your objection.
MS. SMYSER: I think Ms. Geragos' questions are directed to whether the search and the seizure here are lawful, and those are plainly not at issue here, and I anticipate your Honor would give an instruction as to the searches in this case being lawful searches. These questions are really improper.
MS. GERAGOS: I'm not arguing that they were unlawful searches, we did not say --
THE COURT: That's why I asked, what's the relevance to this case?
MR. AGNIFILO: They fanned out $9,000 in cash to the jury and I want to know --
THE COURT: You think that has a criminal implication?
MR. AGNIFILO: I do.
THE COURT: And so then --
MR. AGNIFILO: We're asking what it is.
THE COURT: If that's the basis for the objection, I'll allow limited questioning on this issue.
MS. GERAGOS: I have one more question and we're done with this witness.
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(In open court)
MS. GERAGOS: You took the $9,000 because it could be evidence of a crime?
YASIN BINDA: Possibly, yes.
MS. GERAGOS: And you determined that $9,000 was considered bulk cash?
YASIN BINDA: Yes.
MS. SMYSER: Objection.
THE COURT: Overruled.
MS. GERAGOS: But you had no idea whether it actually was, right?
YASIN BINDA: I wouldn't say that.
MS. GERAGOS: The warrant called for cash, you stated, right?
YASIN BINDA: Yes.
MS. GERAGOS: Or bulk cash you stated, right?
YASIN BINDA: Yes.
MS. GERAGOS: And so you took the $9,000 making the determination that that was bulk cash, correct?
YASIN BINDA: No.
MS. GERAGOS: Who made the determination that was bulk cash?
MS. SMYSER: Objection.
THE COURT: Can you rephrase.
MS. GERAGOS: Do you know who made the determination that that was bulk cash?
YASIN BINDA: Yes.
MS. GERAGOS: Who?
YASIN BINDA: It was a group decision.
MS. GERAGOS: Of the agents who were at the hotel room?
YASIN BINDA: Yes. And we also checked with the prosecutors.
MS. GERAGOS: Thank you. No further questions.
THE COURT: Any redirect?
MS. SMYSER: Your Honor, just one question.
REDIRECT EXAMINATION
MS. GERAGOS: Special Agent Binda, you were asked about a subpoena that you served on Paul Arthur in March 2024 on cross-examination. Do you remember that?
YASIN BINDA: Yes.
MS. GERAGOS: Was that a grand jury subpoena?
YASIN BINDA: Yes.
MS. SMYSER: No further questions, your Honor.
THE COURT: Thank you. Thank you, agent Binda.
YASIN BINDA: Thank you.
(Witness excused)
THE COURT: Government may call its next witness.
MS. STEINER: Your Honor, the government calls Dawn Richard. DAWN RICHARD, called as a witness by the Government, having been duly sworn, testified as follows: