OK - now US v. Sean Combs, Day 23, with Jane done, Agent to testify about search of Two Star, Inner City Press is covering https://matthewrussellleeicp.s... Week 4 book below, 5 later today; docs (this on Bongolan) https://www.patreon.com/posts/... and will live tweet, thread below
[Before jury in] Combs' Agnifilo: The Government's proposed witness for today does not know how the guns were moved and piled in the security room. He has no personal knowledge. We can him excluded. Judge: He is not an expert witness. He is a fact witness.
AUSA: When he was at the premises, the guns were found in the security room. They can cross examine. There is nothing prejudicial- Judge: It's not about prejudice. Mr. Agnifilo is going to object to every statement. That's the issue.
Combs' Agnifilo: I don't want jurors to see me to objecting every time to guns. There is nothing illegal about these guns. Mr. Combs has professional security, guns were in the safe. This witness is prejudicial. I don't care they don't know where Astroglide was
Combs' Agnifilo: But these are guns. Let them put on the Agent who actually found guns. This witness should not testify. AUSA: This is how every law enforcement search is done - the property is secured before the search begins. They can ask [pronouncing it awsk]
Judge: Mr. Agnifilo, the defense would stipulate that the guns were there, right? Agnifilo: You're asking for the first time. I know the property well, I've been there many times. The security room has been locked. Judge: Can we find the person who did this?
AUSA Comey: May I step up? This is how HSI [Homeland Security Investigations] does searches - they have a team that goes in to make the area safe, they are not the experts in collecting evidence. Ms. Foster can ask about that; I expect he'll say it was made safe
Combs' Agnifilo: I'm not seeing how the guns are relevant, if they were locked up. Guns are a very divisive issue. Judge: The witness can be asked about all this. That's how we'll proceed. Agnifilo: I had no idea he had no idea where the guns were found.
Combs' Agnifilo: I want to know where the guns were found. I don't want to play Russian Roulette with guns - that is how Russian Roulette is played, by the way [rim shot]
Judge: The agent can testify. Now as to the juror, why can't we bring the juror out today and get to the bottom what the parties have raised [in submissions they have not put in the docket despite https://storage.courtlistener....
Combs' Agnifilo: This juror is not a professional speaker, these were honest answers. I am hesitant to raise this issue again and lead the juror to think we think he said something wrong. The juror's answers are innocuous. We were concerned about his residency
Combs' Agnifilo: Residency was resolved. This jury is diligent. Let's treat them with respect. Judge: There is no issue with qualification to serve, this juror met the qualifications at the time. It was vague enough that the answers can be reconciled.
AUSA: The juror has said multiple things they cannot all be true. Additional steps should be taken, to protect the record. Judge: My preference would be to run it to ground and hear from the juror. I expect we will hear a perfectly reasonable explanation.
Judge Subramanian: But let me say, the allegation in court that the Government is engaging in bias, there is no basis for that statement. Not in jury selection nor what occurred in the robing room. It is understandable they would raise this to the court
Combs' Alexandra Shapiro: We are concerned if we bring the juror back in for questioning, it might impact behavior during deliberations. Judge: We don't have to get into this right now. Mr. Combs, are you waiving the issue? [Indicates yes]
Judge: The question was, where do you live, an answer saying Bronx was accurate. One might move, but it wouldn't raise to the level of removal of a juror. AUSA: Sure some of the other cases are more extreme. Here Rule 24(c) is operative
AUSA: Given where we are now, it is the Government's position we should get to the bottom of this issue. We have at least one question. Does the juror's employer have a residency requirement? That might explain the answer
Combs' Shapiro: This would be harassing the juror, to inquire about the employer. AUSA: I don't understand why the defense is so adverse to asking this question. I wasn't present when this juror was questioned in the robing room.
Judge: If we or I question him, let's do it at the end of the day. Let's bring the jury in, then the witness. AUSA: Ms. Foster is telling the witness about the new questions. Judge: OK, break
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9:46 am - jury entering Judge: All rise! Jurors, you can see we are only 50 minutes late today, so we are doing better [smiles] AUSA Comey: We introduce the following exhibits, these under seal: E-331-BR, -C, -FR, -HR, etc all under Your Honor's pseudonym order
AUSA: Before the witness comes in, we introduce these text messages involving Kristina Khorram. Let me read: Puff Music Phone 2: Make sure Robyn pays her rent. KK: Robyn send her rent was paid AUSA: In the vicinity of Newark Airport, cell phone from Damian Butler
AUSA: And this message: "Three of my doors are broken, this is crazy D Roc: He is coming to the house. He just text me. I don't think it is a good idea to leave your place. That's not going to make it better He has my key, I don't feel safe
AUSA [reading] The key as a blue fuzzy tail, just take it D Roc: I'm at the house, Puff is here. You know I can't take your keys from him. Judge: Thank you. The Government may NOW call its next witness. AUSA: The Government calls Special Agent Andre Lamon.
AUSA: Where do you work? Agent Lamon: HSI in Los Angeles, in the human trafficking unit. AUSA: Do you execute search warrants? Lamon: Yes. Fifty or sixty so far. AUSA: Did you search 200 South Mapleton Drive LA? Yes
Agent Lamon: HSI New York asked HSI LA to be involved. We executed the search warrant. AUSA: Here's an exhibit, please publish it [200 South Mapleton Drive] AUSA: What are these other buildings? Lamon: Sauna, recording studio. AUSA: What room were searched? All
Agent Lamon: It is a large property. I went through the objects that we seized then entered them into our case management system. AUSA: We move to enter into evidence these exhibits Agnifilo: Objection! Sidebar...
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[They've back] Judge: The exhibits are admitted. AUSA: What are these? Agent Lamon: The floor plans of 200 South Mapleton AUSA: How do you know they are accurate? Lamon: I was there.
AUSA: How many manila envelopes were there in the nightstand? Agent Lamon: Six. AUSA: What was written on them? Lamon: K AUSA: Publish the stipulation - testing determined in the K envelope - with a shamrock on it - was ketamine
AUSA: Is there a safe in this closet? Agent Lamon: Yes. It's gray, there in the photo. AUSA: What was in the safe? Lamon: A passport for Sean Combs, and a plastic bag with substances in it. AUSA: Stipulation at Para 15-16, Testing found the brown pebbles were MDMA
