[They're back.]
Judge: My intent is to strike from the record any testimony about the fingerprint cards and the destruction of them. I will note that the only answers were what the witness knew about the destruction. I sustained the objection to if it was abnormal
Combs' Alexandra Shapiro: We are going to move for a mistrial at this time based on the prosecutorial misconduct that has occurred. Some prospective jurors said Mr. Combs could buy his way out - this type of conspiracy is out there and this bought into it
Combs' Shapiro: They should have ended with when the fingerprint cards were destroyed. But they asked, Did he authorize it? There's no way to unring this bell. The only proper remedy here is a mistrial.
AUSA: That's absolutely unwarranted.
AUSA: It was Mr. Agnifilo who wanted to inquire into the DNA, into the investigation. Your Honor can just say that the jurors should not draw any inference from the destruction of the fingerprint cards.
Judge: Application for a mistrial is denied.
Judge: I sustained the objections when raised. The jurors have already been told that questions are not evidence.
Combs' Shapiro: Your Honor should tell the juror that the questions were improper
AUSA: They weren't improper. You could say, disregard both.
Combs' Shapiro: Will the Court tell the jurors that the answers are not to be considered?
Judge: I'll tell them that the questions and answers on the fingerprints are irrelevant to this case and not to be considered
Combs' Shapiro: Thank you, your Honor.
All rise!
[Jurors enter]
Judge: Jurors, the questions and answers on the fingerprints are irrelevant to this case and are not to be considered by you. Please proceed.
AUSA: Did you interview the owner of the Porsche?
Jimenez: Scott Mescudi.
AUSA: Did you reach out to others?
Jimenez: I reached out to an assistant?
Jimenez: Her name was Capricorn-
Combs' Agnifilo: I'm going to object.
Judge: Re-phrase.
AUSA: Who did you reach out to?
Jimenez: Capricorn and Cassie Ventura.
AUSA: Did Capricorn respond or assist?
Jimenez: No.
AUSA: How did you reach out to Cassie?
Jimenez: Wasn't able by phone. Tried through a family member.
AUSA: Did you reach her?
Jimenez: Never.
AUSA: Were charges brought?
Jimenez: No. But I never closed the case. It's listed as inactive.
AUSA: Nothing further
Judge: Cross examination.
Combs' Agnifilo: There was a DNA hit on the glass bottle, for female DNA, correct?
Jimenez: Yes.
Agnifilo: Do you remember when the results came back?
Jimenez: Maybe six months.
Agnifilo: The test on the bottle - it was important?
A: Yes
Combs' Agnifilo: What does it mean, partial DNA, female?
Jimenez: I have no idea. I was told if we had a suspect we could test against it
Agnifilo: Any other DNA on the bottle?
AUSA: Objection!
Judge: Rephrase.
Agnifilo: DX 852, just for the witness
Combs' Agnifilo: That's a glove, right?
Jimenez: Yes.
Agnifilo: Did you find another glove?
Jimenez: No.
Agnifilo: Did you test the glove for DNA?
Jimenez: No. I understood it belonged to the owner, it was a driving glove.
Combs' Agnifilo: Your premise was that the Molotov cocktail was dropped - did you think the person who dropped it would have worn a glove?
Jimenez: Perhaps.
Agnifilo: It would have been hot.
Jimenez: Only the wick.
Combs' Agnifilo: The damage, it's on both sides of the bottle, right?
Jimenez: Looks like it
Agnifilo: Did Mr. Mescudi have more than 1 Porsche?
Jimenez: I think he had a second one in the garage.
Agnifilo: Why isn't it in your report?
Jimenez: It was not involved
Combs' Agnifilo: You were unable to reach Capricorn Clark or Cassie Ventura - when did you reach out?
Jimenez: In the first few weeks.
Agnifilo: Are you sure? Tell us everything about these calls.
Jimenez: I believe Capricorn's brother answered and we disagreed
Combs' Agnifilo: And once Mr. Mescudi told you it was his glove, you didn't investigate the glove anymore, correct?
Jimenez: I did not.
Agnifilo: Nothing further.
Judge: Re-direct?
AUSA: When did you speak with Mr. Mescudi?
Jimenez: Same day
AUSA: Nothing further
Is Bieber going to testify?
Judge: Next witness.
AUSA: The Government calls Deonte Nash... Are you here under subpoena?
Nash: Yes.
AUSA: Do you want to be here?
Nash: Absolutely not.
AUSA: What's you work?
Nash: Celebrity stylist.
AUSA: In 2008?
Nash: For Puff and Cassie.
AUSA: How'd you get hired to work for them?
Nash: Through a CraigsList ad, for Bad Boy Entertainment.
AUSA: This photo, is it a fair and accurate portrayal of how you looked at that time?
Nash: Not even close.
AUSA: It's a glamor photo?
Nash: Yes, I look amazing
AUSA: How often would you witness Mr. Combs and Ms. Ventura interact?
Nash: At least once a week.
AUSA: What did Mr. Combs call Ms. Ventura?
Nash: B*tch, 'ho, CC, Babygirl, s***. He would call it an outright 'ho, a s*** anyway.
AUSA: How did she react?
Nash: Sad
AUSA: Did Mr. Combs make threats?
Nash: Yes. That he would beat her ass. That he'd send her s***tapes out.
AUSA: How often would he say he would beat her ass?
Nash: Quite a few. It drove her crazy. She would be super emotional. She might stay in the house for days
AUSA: How often did Mr. Combs say you could not go out without his permission?
Nash: Twice. The first time we went to a gay club, with Kyle and Adrian. Then we went to her LA apartment. Puff called and told her she better bring her ass to his house. She panicked.