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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA - WESTERN DIVISION
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HONORABLE JOHN F. WALTER, U.S. DISTRICT JUDGE
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UNITED STATES OF AMERICA,
) ) Plaintiff, ) ) vs. ) ) TEOFIL BRANK, ) ) Defendant. ) __________________________________) __________________ ________________)
Case No. CR 15-131-JFW
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REPORTER'S TRANSCRIPT OF CROSS-EXAMINATION OF JUSTIN GRIGGS WEDNESDAY, JULY 8, 2015 10:19 A.M. LOS ANGELES, CALIFORNIA
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___________________________________ _______________ _______________________________________ _____________________ __
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MIRANDA ALGORRI, CSR 12743, CRR FEDERAL
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312
NORTH
LOS
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OFFICIAL
COURT
SPRING
STREET,
ANGELES,
REPORTER
CALIFORNIA
ROOM
435
90012
[email protected]
UNITED STATES DISTRICT COURT
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APPEARANCES OF COUNSEL: COUNSEL:
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FOR THE PLAINTIFF:
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EILEEN DECKER
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United States Attorney BY: KIMBERLY DENISE JAIMEZ BY: EDDIE JAUREGUI BY: RYAN WHITE Assistant United States Attorney United States Courthouse 312 North Spring Street Los Angeles, California 90012
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FOR THE DEFENDANT:
SEAN K. KENNEDY Federal Public Defender BY: SEEMA AHMAD BY: ASHFAQ G. CHOWDHURY Deputy Federal Public Defender Central District of California 321 East Second Street Los Angeles, California 90012
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UNITED STATES DISTRICT COURT
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M A S T E R
I N D E X
2 WEDNESDAY, JULY 8, 2015
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Chronological Index of Witnesses
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Government's Witness:
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Griggs, Justin
Direct
Cross
Redirect
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Recross
Voir Dire
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EXHIBITS
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WEDNESDAY, JULY 8, 2015
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Exhibits
For In Identification Evidence
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(None)
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UNITED STATES DISTRICT COURT
Wit hdrawn or Rejected
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LOS ANGELES, CALIFORNIA; WEDNESDAY, JULY 8, 2015 10:19 A.M. ---
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(Prior proceedings held and reported
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but not included herein.)
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CROSS-EXAMINATION
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BY MR. CHOWDHURY:
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Q
Good afternoon, Mr. Griggs.
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A
Good afternoon.
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Q
How are you?
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A
Good.
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Q
So, Mr. Mr. Grig Grigg gs, Don Don Burn Burns, s, yo you u sai aid d you you me met t hi him o on n the the
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island of Nantucket?
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A
Yes.
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Q
For so some of of us us wh who ar are fr from C Ca alifornia, w wh here i is s
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Nantucket?
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A
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believe.
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Q
It's an island off the coast of Boston?
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A
Yeah.
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Q
And how did you get there?
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A
We flew.
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Q
How did you fly?
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A
It was a jet I believe.
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Q
Whose jet was it?
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A
I'm not sure if it it was Don's o or r just a jet.
It's t's off off of Bosto oston n, righ right t off th the e coa coast of Bo Bos sto ton n I
It was a private jet.
UNITED STATES DISTRICT COURT
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1
Q
Did Don Burns arrange it?
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A
Yes.
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Q
Who else was on the jet?
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A
I'm not sure.
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Q
Were they other young --
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A
Well, ell, one one per perso son n was was Hayde ayden n, b but ut th ther ere e was was an ano oth the er I c can an't 't
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recall.
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Q
The other person was a young male as well?
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A
Yeah.
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Q
Okay.
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A
Right.
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Q
So how ma many pe people total we went to Don's house?
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A
The first time?
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Q
Yeah.
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A
I think it was around three.
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Q
And you you sa said Hayd Hayde en ha had sen sent t you you a t te ext me mess ssag age e ini initi tia all lly y
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saying, "Do you want to meet a wealthy person?"
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A
Yes.
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Q
"And And mak make som some mon money." ey."
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the emojis?
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A
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emoji.
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Q
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mentioned -- so you mentioned that he -- you also flew to Don's
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house in Florida; is that right?
I can't recall.
And he was going to Don's house?
And And with with so some me emo moj ji -- wh what at we were re
You know know, , jus just t lik like e a -- like like a l lit ittl tle e lik like e pe peni nis s-s -sha hap ped
Okay.
So that was the first time, and then you
UNITED STATES DISTRICT COURT
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A
Right.
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Q
That's in Palm Beach?
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A
Yes.
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Q
Okay.
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A
We would just fly normal flights.
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Q
Okay.
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A
Don.
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Q
So Don Don would ould pay pay for for the flig fligh hts to go o out ut to Pa Pal lm B Bea each ch? ?
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A
Yes.
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Q
How many many time imes wou would ld you say say you you'v 've e bee been n to to t th he P Pal alm m Bea Beach ch
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house?
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A
I can't recall.
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Q
More than three or four times?
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A
Oh, yeah.
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Q
More than that for sure?
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A
Yes.
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Q
These hese were were -- woul would d you you cal call the hem m par parti ties es? ?
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characterize what happened at Don's house?
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A
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going to dinner, and then we would have sex, group sex.
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Q
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the house, hanging out with other young males like yourself; is
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that right?
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A
Yes.
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Q
And then then at nig night ht then then ther there e wou would ld be the gr grou oup p sex sex. .
And how would you fly there?
And who would pay for the flights?
I'd have to --
More than three or four for sure.
How How wou ould ld yo you u
It was was reall eally y jus just t han hangi ging ng ou out t, s sur urfi fing ng, , gri grill llin ing g out out, ,
Okay. kay.
So dur during ing the day kind kind of no norm rmal al ac acti tivi viti tie es aro aroun und d
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A
Yes.
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Q
And it was usually one night?
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A
One night, yes.
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Q
And then then in the the morn mornin ing g I thi hin nk you you sai said d eve every ryon one e got
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paid?
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A
The next morning, yes.
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Q
And how did that happen?
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A
Just an envelope he would hand us.
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Q
Who would deliver the envelope?
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A
Don.
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Q
Okay.
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A
Yes.
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Q
Okay. kay.
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that you got after these overnight trips, Don also gave you
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some other money; is that right?
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A
Yeah.
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Q
You ment mentio ione ned d som some e of of tho those se -- he p pai aid d for for so som me o of f y you our r
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dental work; right?
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A
No.
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Q
Didn' idn't t you you meet meet with with FBI agen agent ts I be bel lie ieve ve on the -- we well ll, ,
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a couple days ago and talk to them about the things that Don
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had provided you?
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A
Yes.
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Q
Okay. kay.
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paid for for you?
And everybody got an envelope?
Now, ow, in add additio ition n to th the e env nvel elo ope pes, s, th the e pay payme ment nts s
Just gifts?
Yeah.
And did did the they disc discus uss s some some of the th thin ings gs Do Don n had had
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A
Not really.
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Q
Would it help -- one moment.
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Do you recall statements about gifts that Don had given to
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you for dental work?
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A
That wasn't from Don.
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Q
Who was that from?
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A
That was from another friend of mine.
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Q
I see.
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Now, you also mentioned in this interview which was on the
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6th -- is that right? -- with FBI agents on the phone, you
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mentioned that you didn't want to give details about an
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individual because he was very powerful and you feared for the
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safety if if you disclose information.
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there?
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MR. JAUREGUI:
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THE COURT:
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THE WITNESS: WITNESS:
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of the person?
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Q
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BY MR. CHOWDHURY:
Relevance.
It was -- should I give you th the e name
Yes.
MR. JAUREGUI:
Your Honor, I d don't on't understand how
that's relevant. THE COURT:
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THE WITNESS:
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Objection, Your Honor.
Overruled.
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Who were you talkin talking g about
Q
BY MR. CHOWDHURY:
Answer the question. David Gaffen. I see.
Now, let's go back to the $12,000 that you asked Don for.
UNITED STATES DISTRICT COURT
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Don asked you to check the tweet that Mr. Brank supposedly
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posted; is that right?
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A
Right.
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Q
Okay. kay.
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happening with Mr. Brank; is that right?
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A
Not clearly.
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Q
Well, ell, you you fou found nd out out th that Mr. Mr. Bra Brank nk su supp ppos ose edl dly y had had ask ske ed
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for money; is that right?
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A
Yes.
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Q
Okay.
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A
Slightly, yeah.
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Q
Why?
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A
Just fo for, yo you kn know, be being br brought i in n t th he m mi iddle.
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Q
Okay. kay.
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there's no reason that you shouldn't get $150,000 for being
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nice and keeping your mouth shut; isn't that right?
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A
Right.
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Q
You sent sent a te text to Mr. Burn Burns s say sayin ing, g, "T "The her re' e's s no no r re eas aso on I
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shouldn't get $150,000 for being nice and keeping my mouth
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shut."
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And then then you you comm commun uni ica cat ted wi with th Don ab abou out t wha hat t was
And you were upset by that.
But you you sug suggest gested ed to Mr Mr. . Burn Burns s, did did you you not, not, th that at
Right.
Is that right?
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A
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amount of money to someone, it should go to a good guy, not
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someone who is robbing him basically.
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Q
Right ight. .
I jus just fel felt that that, , if Don we were re goi oin ng to gi give ve th that at
Well, ell, you you sai said, d, "I'v "I've e bee been n ver very y nic nice e to to y yo ou a an nd h hav ave e bee been n
UNITED STATES DISTRICT COURT
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a great friend to you, Don.
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there's no reason I shouldn't get $150,000."
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If he is gettin getting g that much,
Right?
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A
I believe I sent that, yes.
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Q
Okay. kay.
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"It's not not fair.
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little."
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You said said to Don -- you wr wrot ote e him a text text sa sayi ying ng, , Sucks that that I've been doing doing so much for so
You sent that text; right?
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A
Yes.
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Q
Now, ow, wha what t did did you you me mean you' you've ve be been en do doin ing g so so m mu uch fo for r so so
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little?
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A
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and --
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Q
Right.
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A
-- done a lot, all that I can for Don.
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Q
Well, ell, coul could d you you tell tell us a lit itt tle bi bit t mo more ab abou out t the the th thin ings gs
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you were doing for Don that you felt you were doing so much for
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him?
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A
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asked.
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Q
Additional people to these parties?
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A
Yes.
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Q
And you you woul would d talk talk to him him out outs sid ide e of of just just yo your ur se sexu xual al
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encounters?
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A
As in in I just just -- I fe felt like like I' I've ve be been en a r re eal ally ly go good od fr frie iend nd
Yeah. eah.
I woul ould bri bring Don peop peopl le, if I cou oul ld, whe hen n he
Yes.
UNITED STATES DISTRICT COURT
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Q
And you you said said you you tho thoug ught ht Don Don was was yo your ur fri rie end nd; ; rig right ht? ?
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A
Yes.
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Q
Why did you feel that?
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A
That we built a friendship.
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Q
And it wa was beyond just the sex for p pa ay; right?
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A
Yes.
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Q
You woul would d tal talk k to to Do Don abo about ut al all l sor sorts ts of t thi hing ngs; s; ri righ ght t?
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A
Right.
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Q
He tried to help you; right?
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A
Right.
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Q
He tried to give you advice; right?
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A
Yeah.
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Q
Did he -- he felt like a mentor to you; right?
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A
Yeah.
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Q
Kind of felt like he took you under his wing?
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A
Not really.
Yeah.
Almost.
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MR. JAUREGUI:
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THE COURT:
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MR. CHOWDHURY:
Objection.
Vague.
Overruled. One moment, Your Honor.
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Thank you, Mr. Griggs.
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(Further proceedings held and reported
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but not included herein.)
No further questions.
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UNITED STATES DISTRICT COURT
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CERTIFICATE OF OFFICIAL REPORTER
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I, MIRANDA ALGORRI, FEDERAL OFFICIAL REALTIME
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COURT REPORTER, IN AND FOR THE UNITED STATES DISTRICT COURT FOR
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THE CENTRAL DISTRICT OF CALIFORNIA, DO HEREBY CERTIFY THAT
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PURSUANT TO SECTION 753, TITLE 28, UNITED STATES CODE THAT THE
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FOREGOING IS A TRUE AND CORRECT TRANSCRIPT OF THE
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STENOGRAPHICALLY REPORTED PROCEEDINGS HELD IN THE
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ABOVE-ENTITLED MATTER AND THAT THE TRANSCRIPT PAGE FORMAT IS IN
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CONFORMANCE WITH THE REGULATIONS OF THE JUDICIAL CONFERENCE OF
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THE UNITED STATES.
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DATED THIS
8TH
DAY OF JULY, 2015.
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/S/ MIRANDA ALGORRI ______ MIRANDA ALGORRI, CSR NO. 12743, CRR FEDERAL OFFICIAL COURT REPORTER
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UNITED STATES DISTRICT COURT
