Combs' Geragos: Jane send more emojis drool... She writes, It's sexy here in the hotel, yeah we need to run to the freak store - let's skip ahead to 55. She writes, I didn't have time to do my nails. And he says?
Agent Cerciello: He writes, I f*ckig love it
Combs' Geragos: Let's just quickly look at - this is just Jane and Combs?
Agent Cerciello: Correct
Geragos: Line 913, September 30, Jane writes, I love you baby, have a great show. This, I won't repeat here (laughs) there no location entries until February 8, 2024
Combs' Geragos: Kristina Khorram asks Jonathan Perez, How does he look? ... You could put him in front of someone. But he just took a full bar so I think he'll be asleep soon - now can we turn off the public screen?
[The public screen has been off this whole time]
Combs' Geragos: Here you have flight records for Jane going from LA to Miami, 5 days before Combs posts IG video, right?
Agent Cerciello: Right
Geragos: Now a phone call from Anton to Jane, zero seconds - what does that mean?
Cerciello: The clock starts at ringing
Combs' Geragos: We don't have the public screens on, so play this video
[We hear audio: Beautiful day like this, a bass playing]
Geragos: That was June 2024, right?
Agent Cerciello: Right.
Geragos: Let's play more video - oh, three jurors' devices are not working
Judge: We have some more devices charged up.
Combs' Geragos: We'll hear the music - now play the entire video.... Now, in this one let's jump ahead to minutes 7 and 8... Now Minute 19...
Combs' Geragos: Almost done... Please stop it here, do you see the message from Jane, I have the best memories. I have a just a few to asking about 1409. But bring up 1408. Do you see account transfer of $22,000?
Agent Cerciello: Yes.
Combs' Geragos: In 1409, it was Jane, Fuentes Transportation - do you see that it has $151.99 for Jane's-True-Name and also Cabral Williams? It's hard for me to see the lines. Can you move the cursor up?
[Public screen still off]
Geragos: $324.50 and $760.25
[Meanwhile Combs passes a note to Nicole Westmoreland, still seated at his right, who then whispers in Agnifilo's ear]
Combs' Geragos: Let's go to page 96, Sean Combs' personal bank account records, total due $74,000 - there's an account transfer to the LCC?
Yes
Combs' Geragos: Your Honor, can I have a moment? One more video & then we're done, the one that wasn't working this morning. Turn off the attorney screens. You reviewed the meta data-
Agent Cerciello: Which chart?
Geragos: That's a great question (laughs) Play it
Combs' Geragos: Thank you Agent, please go back to keeping New York City safe (laughs)
Judge: Re-direct?
AUSA: Briefly. Did we just see Sean Combs paying for the travel of Cabral Williams from Atlanta to Florida, across state lines?
Geragos: Objection!
AUSA: Do the charts represent every text message in this case?
Agent Cerciello: No.
AUSA: Let's pull up message before this date-
Combs' Geragos: Objection, beyond the scope.
AUSA: Ms. Geragos did it.
Judge: Sidebar
[sidebar]
[They've back]
AUSA Comey: In this time frame did you see any messages between Jane and Mr. Combs that were sexual or affectionate in nature?
Agent Cerciello: No.
AUSA: No further questions.
Judge: Do you rest?
AUSA: Subject to...
Judge: Jurors, take a break
Jurors leave
AUSA Comey: We have essentially rested. We only may want to move for a few corrections.
Judge: Mr. Agnifilo, are you ready to move?
Combs' Alexandra Shapiro: We move under Rule 29, inference is not enough. See US v. Copeland (2 Cir 2012)
Combs' Shapiro: On Count 1, Mr. Combs is entitled to a judgement of acquittal. The requirements of RICO have not been met. They have not shown the agreement to violate RICO, nor agreement to 2 racketeering acts.
Combs' Shapiro: The enterprise is more than a group of people. The enterprise's purposes here map onto the racketeering acts, s***trafficking, etc. - See the Boyle case. A structural feature of a RICO enterprise, a hub and spoke, the rim, here it is a rimless hub
Combs' Shapiro: There is insufficient proof to establish this 20 year long conspiracy. Mr. Combs did not conspire with any other person. They say, an inner circle of bodyguards. But they failed to show it. There's only thin proof they engaged in crimes
Combs' Shapiro: At most these were personal quantities of d****. They used a lot of Astroglide and baby oil and drank, maybe some d****. Jonathan Perez said hotel nights were personal time with a female. Brendan Paul said, Hotel for the night
Combs' Shapiro: David James said he saw a naked man in the hotel room, but thought that wasn't part of his job. The s***with Cassie Ventura and Jane sometimes involved third parties - but they were not booked by staff. It brought them closer to Combs
Combs' Shapiro: Jane said to Cabral Williams, don't want team to intercept you. And in May, Jane said she had to wait for the assistants to clear out. When KK & the guards learned of Mr. Combs violence to Cassie Ventura - it's not racketeering - they did not help
Combs' Shapiro: There's no proof that KK knew or thought these women were being coerced. She did damage control. There is evidence that Mr. Combs was lying to her. KK is supposed to be the main co-conspirator but she only appears in March 2016, 12 years in
Combs' Shapiro: There is no evidence between the break up with Cassie in 2018 and the beginning with Jane in 2021. Even for a RICO conspiracy, they have to prove a single agreement, it hasn't been done here. US v. Pizzonia 577 F.3d 455
Combs' Shapiro: Even if the Court denied this Rule 29 motion, some should not go to the jury. Under the California law the Government had to show that the information was about to be given to law enforcement. Back in April, you found lack of probably cause