7 March 2001
Source: Digital file from the Court Reporters Office, Southern District of
New York; (212) 805-0300.
This is the transcript of Day 14 of the trial, 7 March 2001
See other transcripts: http://cryptome.org/usa-v-ubl-dt.htm
1884
1 UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
2 ------------------------------x
3 UNITED STATES OF AMERICA
4 v. S(7) 98 Cr. 1023
5 USAMA BIN LADEN, et al.,
6 Defendants.
7 ------------------------------x
8
New York, N.Y.
9 January 8, 2001
9:55 a.m.
10
11
12 Before:
13 HON. LEONARD B. SAND,
14 District Judge
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1885
1 APPEARANCES
2 MARY JO WHITE
United States Attorney for the
3 Southern District of New York
BY: PATRICK FITZGERALD
4 KENNETH KARAS
PAUL BUTLER
5 Assistant United States Attorneys
6
SAM A. SCHMIDT
7 JOSHUA DRATEL
KRISTIAN K. LARSEN
8 Attorneys for defendant Wadih El Hage
9 ANTHONY L. RICCO
EDWARD D. WILFORD
10 CARL J. HERMAN
SANDRA A. BABCOCK
11 Attorneys for defendant Mohamed Sadeek Odeh
12 FREDRICK H. COHN
DAVID P. BAUGH
13 Attorneys for defendant Mohamed Rashed Daoud Al-'Owhali
14 JEREMY SCHNEIDER
DAVID STERN
15 DAVID RUHNKE
Attorneys for defendant Khalfan Khamis Mohamed
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1886
1 (Trial resumes)
2 THE COURT: The record will indicate that the Court
3 didn't sit on Monday and Tuesday, March 5th and 6th, because
4 of the weather conditions.
5 On March 6th I entered an order with respect to the
6 cross-examination of victim witnesses consistent with my
7 ruling the previous Thursday that crossed with a motion in
8 limine by the government dated March 5. In my March 6
9 memorandum I said, "If any defense counsel believes that the
10 vulnerability of the embassy or the failure to issue warning
11 or take other precautions is a valid defense issue as to
12 guilt, the Court should promptly be so advised, preferrably in
13 writing, and we will deal with this issue forth with."
14 I subsequently received a letter from Frederick Cohn,
15 which, I've been advised, is also to be sealed, and I have so
16 marked my copy, in which he makes certain observations but
17 does not contest that the vulnerability of the embassy or the
18 failure to advise Kenyans of any threats was relevant.
19 Does anybody have a contrary view? Silence is
20 acquiescence. I assume, therefore, that questions such as
21 that posed to Ambassador Bushnell at page 1876, line 16, "As
22 United States ambassador, did you ever warn the Kenyans about
23 threats made against U.S. embassies or U.S. facilities?" will
24 not be asked of any of the victim witnesses and that the
25 matter need not be addressed before the jury.
1887
1 At some point today, not now and not in open court, I
2 would like to resume a dialogue which was begun last week with
3 respect to future timing of this case and what, if anything,
4 should be said to the jurors.
5 Any other matter which we should address before we
6 bring in the jury?
7 MR. KARAS: Your Honor, with respect to your Honor's
8 ruling regarding the in limine motion and Ambassador Bushnell,
9 we assume that that same ruling would apply to the witnesses
10 that would testify regarding the Dar es Salaam Embassy and the
11 Dar es Salaam bombing and any issues regarding vulnerability
12 and so forth.
13 MR. RUHNKE: No problem, Judge.
14 THE COURT: I think that's correct, yes.
15 Mr. Cohn.
16 MR. COHN: There will be some matters which should be
17 taken up before Agent Gaudin takes the stand, which I gather
18 will be right after the victims. I can do it now or I can
19 wait until the recess.
20 THE COURT: Let's do it during the recess and let's
21 bring in the jury and the next witness.
22 MR. BUTLER: Your Honor, one quick matter. We would
23 request that the victim witnesses not be sketched.
24 THE COURT: Not be sketched.
25 Is there a sketch artist in the courtroom? No. All
1888
1 right.
2 MR. RUHNKE: Just walked in, I think.
3 THE COURT: Ma'am, are you a sketch artist?
4 SPECTATOR: No.
5 MR. SCHMIDT: Your Honor, just so you're aware, we
6 have issues concerning the cross-examination of Officer Gaudin
7 that we would like to take up also.
8 THE COURT: Very well.
9 All right, so let's bring in the jury and the next
10 witness.
11 I just advise the marshals, then, if a sketch artist
12 comes and starts to sketch, that he or she been advised not to
13 sketch the faces of any of the witnesses this morning.
14 (Jury present)
15 THE COURT: Welcome back. Welcome back.
16 THE JURY: Good morning.
17 THE COURT: Before we begin, may I inquire whether
18 any jurors have seen or read any media reports over the trial
19 over the weekend or before trial today?
20 THE JURY: No.
21 THE COURT: Very well. The government may call its
22 next witness.
23 MR. BUTLER: Government calls Frank Pressley, your
24 Honor.
25
1889
1 FRANK PRESSLEY,
2 called as a witness by the government,
3 having been duly sworn, testified as follows:
4 DEPUTY CLERK: Please be seated, sir. Please state
5 your full name.
6 THE WITNESS: Frank Pressley.
7 DEPUTY CLERK: Please spell your last name.
8 THE WITNESS: P-R-E-S-S-L-E-Y.
9 MR. BUTLER: May I proceed, your Honor?
10 THE COURT: Yes, please.
11 DIRECT EXAMINATION
12 BY MR. BUTLER:
13 Q. Mr. Pressley, how old are you, sir?
14 A. I'm 48.
15 Q. How are you presently employed?
16 A. I work with the U.S. Department of State.
17 Q. How long have you worked for the State Department?
18 A. 21 years.
19 Q. Where are you working for the State Department right now?
20 A. I'm presently assigned to our regional office in Florida.
21 Q. And where were you assigned before you were sent to the
22 regional office in Florida?
23 A. Frankfurt, Germany, and before that, Nairobi, Kenya.
24 Q. And when were you in Nairobi, Kenya?
25 A. I arrived in Nairobi in February of 1997.
1890
1 Q. When did you leave Nairobi, Kenya?
2 A. August the 10th, 1998.
3 Q. Directing your attention to August 7th, 1998, do you
4 recall that day?
5 A. Very well.
6 Q. Where were you on August 7th, 1998?
7 A. The morning, Friday morning, I -- I'm the information
8 management officer. I handle all the communication activities
9 in the embassy -- computers, radios, televisions, telephones.
10 I was called with a problem in the mail facility.
11 I went to the mail facility, and the problem actually
12 had happened or originated in the GSO section. I left the
13 mail room facility and went upstairs to the second -- first
14 floor, I'm sorry, first floor, to the General Services Office.
15 MR. BUTLER: I would like to publish what has been
16 previously entered into evidence as Government Exhibit 801D,
17 as in dog.
18 THE COURT: 801D, as in dog.
19 Q. Mr. Pressley, where was the General Services Office
20 located within the embassy?
21 A. The GSO office is on the first floor.
22 Q. Is this the correct floor?
23 A. I don't have my glasses.
24 Q. Why don't you just ignore that.
25 Why don't you just describe for the jury where it was
1891
1 located, what side of the building it was located on.
2 A. Well, the GSO office is a large office. The office I went
3 to was the main GSO office, the supervisor GSO office, in the
4 corner of the building, facing Moi Avenue.
5 Q. And where was it located in relationship to where the rear
6 parking lot and co-op house was located?
7 A. Okay. The GSO section, like I say, it swung all the way
8 around from Moi all the way to the back. The actual GSO
9 office is in the back of the building in the corner, right
10 beside procurement and across from Customs and shipping.
11 Q. And do you recall exactly where you were around 10:30 in
12 the morning?
13 A. I went to the senior GSO office and the person,
14 supervisor, was not there. I was standing in front of the GSO
15 secretary's office and I initiated a conversation with
16 Michelle O'Connor, then GSO.
17 Q. Who is Michelle O'Connor?
18 A. Michelle O'Connor was the general services officer in that
19 office and also a good friend of mine. She was also my
20 neighbor.
21 Q. And do you recall what you were discussing at the time?
22 A. Well, we had a problem with the fax system and I was
23 discussing her procedures, her staff that were having
24 problems, continuous problems with those procedures.
25 Q. What happened while you were having this conversation?
1892
1 A. Well, I completed the conversation and I was about to
2 leave her general office and then she started discussing, you
3 know, personal things like "see ya later" and "see ya
4 tonight." We often went out together because her children,
5 her three girls, and mine played together. So we were kind of
6 talking about personal stuff.
7 I went to the secretary's desk and I said goodbye and
8 made a note to the senior GSO that I came by to discuss the
9 problem, and then Lydia Sparks and Jay Bartley entered the
10 office.
11 Q. Let me go back a second. Who else was in the office when
12 you were having this conversation with Michelle O'Connor,
13 about how many people?
14 A. I believe there was five, Rookia Ali, Michelle O'Connor,
15 Lydia Sparks entered and Jay Bartley entered, and there
16 were -- some of them were going in and out at the same time so
17 I don't know who those other people were at the time.
18 Q. Who was Jay Bartley?
19 A. Jay Bartley was one of the -- I think he was a college
20 student, actually was a college student there, was the son of
21 Jay Bartley, Sr., the consul general's son.
22 Q. What happened after you began to leave the procurement
23 office -- the GSO office? I'm sorry.
24 A. Well, it was interesting. It was a Friday morning and I
25 was surprised that Jay and Lydia were there.
1893
1 THE COURT: What happened, sir?
2 THE WITNESS: Oh, what happened?
3 THE COURT: What happened?
4 THE WITNESS: What happened was I started to leave
5 the office and Rookia was talking to me, and I could see out
6 the windows from where I was standing. Where I was standing,
7 I could see out both sides of the building, two sides of the
8 building. There was a glass on that side and I saw people
9 running away. You know, I wasn't sure why.
10 And as I faced toward Michelle O'Connor's office, we
11 saw the same thing -- people running away, screaming and
12 making noise. I really didn't know what was going on and I
13 wasn't going to pay much attention until I heard some noise,
14 and the noise was like firecrackers or small explosions, small
15 fire -- you know, noises.
16 Q. What happened after you heard these small firecracker
17 noises?
18 A. Then the screaming got louder and people were really
19 scattering across the streets. But I didn't think much about
20 it. I wanted to go down the hall and go back to my office.
21 So I turned to go down the hall and I heard a larger
22 explosion. It was large like a tire exploding, a backfire on
23 a truck or something, and that caught my attention, of course.
24 Q. And what happened after you heard this louder explosion?
25 A. Almost everyone that I saw ran to the window in the
1894
1 procurement section, looking out the window, and I turned to
2 Ms. O'Connor and Jay Bartley and Jay Bartley started walking
3 down the hallway. I said, I got to go, I don't know what this
4 is. I turned to my right to go down the hall, and then all of
5 a sudden I was flying. A loud explosion, huge impact. It
6 just kind of picked me up and I just went through, flying
7 through the air.
8 Q. What happened after you went flying through the air? Were
9 you knocked unconscious?
10 A. I think for a few seconds I just kind of lost things. I
11 wasn't -- I hit the wall. I landed on the wall and I looked
12 up at the ceiling and I didn't really know what had hit me. I
13 was surprised, I mean, shocked, basically. And then I looked
14 up and I saw the -- I thought it was smoke. It seemed like
15 black burling smoke through the hallway, and I noticed that
16 basically the ceiling was gone.
17 And I tried to stand up. It was difficult. I stood
18 up, and from that point I just couldn't believe what I saw. I
19 looked around. I saw like chunks of blood or red, kind of
20 meat on the walls. Some of the walls were actually missing,
21 too. It was pretty shocking. I mean --
22 Q. Did you sustain any injuries as a result of the blast?
23 A. Oh, yeah. I lost part of my jaw. I lost a large section
24 of my shoulder. When I stood up, I actually, after I kind of
25 figured out where I was, I looked down and saw my bone
1895
1 sticking up out of my shirt.
2 Q. And did you see Michelle O'Connor on your way out of the
3 embassy?
4 A. Well, I saw, I -- first of all, I heard a lot of noise,
5 people crying, screaming. And I did see, I thought, Michelle
6 O'Connor's body. But more than that, I saw some legs, a pair
7 of just man's legs with the pants on. But I still didn't
8 realize what was going on. You know, I thought maybe that the
9 boiler had blown up or -- I wasn't sure what had happened at
10 that point.
11 Q. And were you able to get out of the embassy?
12 A. I started walking to the hallway and trying to focus on
13 what had happened, not really sure what had happened. I tried
14 to go down the stairwell. One of the stairwells was
15 completely blocked, concrete door had blown off. So I went to
16 the other stairwell, and I started walking down the stairwell
17 and then someone came up behind me about halfway down and
18 started helping me down the stairwell.
19 Q. Did you eventually get out of the embassy?
20 A. I got out of the embassy. I stood in front of the embassy
21 after that and just watched. I couldn't believe my eyes.
22 Q. Was there anyone else inside the embassy that you were
23 looking for?
24 A. Well, as I stood there, I, in front of the embassy, facing
25 towards the embassy and people were all around me, I saw my
1896
1 wife's boss walk in front of me, Mr. Cavalier. I asked him if
2 he had seen my wife because my wife worked for him. He didn't
3 seem to know anything. He was very nervous and crying and
4 worried about his wife, as I was.
5 Q. And did your wife make it out of the embassy?
6 A. Yes. She came down the steps eventually and she came over
7 to me from behind. I heard her voice. People were trying to
8 take care of me because I didn't realize that I was hurt as
9 bad as I was. As she came close to me, she was -- her eyes
10 got bigger and she started crying.
11 Q. Do you know what happened to Michelle O'Connor and Jay
12 Bartley?
13 A. Well, I know now. At that time I knew they were hurt, but
14 I didn't know how bad. I know now they were killed.
15 MR. BUTLER: No further questions, your Honor.
16 THE COURT: Any cross-examination?
17 MR. COHN: No.
18 MR. SCHMIDT: No, your Honor.
19 THE COURT: Thank you. You may step down.
20 (Witness excused)
21 THE COURT: Government may call it's next witness.
22 MR. BUTLER: Government calls George Mimba, your
23 Honor, M-I-M-B-A.
24 GEORGE MIMBA,
25 called as a witness by the government,
1897
1 having been duly sworn, testified as follows:
2 DEPUTY CLERK: Please be seated, sir. Please state
3 your full name.
4 THE WITNESS: My name is George Mygit Mimba.
5 DEPUTY CLERK: Please spell your last name.
6 THE WITNESS: My last name is M-I-M-B-A.
7 DIRECT EXAMINATION
8 BY MR. BUTLER:
9 Q. Good morning, Mr. Mimba.
10 A. Good morning.
11 Q. How old are you, sir?
12 A. I'm 35 years old.
13 Q. Where were you born?
14 A. I was born there Yaza Gzmet. Yaza is a province in
15 Nairobi, Kenya.
16 Q. Have you lived in Kenya your entire life?
17 A. Yes, your Honor.
18 Q. And how are you presently employed?
19 A. Say again?
20 Q. How are you presently employed? What is your job?
21 A. My job is information systems manager.
22 Q. And where is that?
23 A. That is in Nairobi. I'm in charge of American embassies
24 in Eastern and Central Africa, Nairobi's regional office.
25 That covers about five embassies.
1898
1 Q. So you work for the American Embassy?
2 A. Yes, sir.
3 Q. And how long have you worked for the American Embassy?
4 A. I've worked for the embassy for a total of 11 years. The
5 first four years with U.S. Aid, which is also an agency of the
6 United States.
7 Q. And were you working at the American Embassy on the
8 morning of August 7th, 1998?
9 A. Yes, sir.
10 Q. Where was your office in the embassy located?
11 A. My office was on -- I don't know how to explain it, but
12 when you come into the embassy it was on the first floor,
13 first floor when you arrived when you get into the building.
14 Q. And how many people worked in your office?
15 A. We -- right now or then?
16 Q. Back then, on August 7?
17 A. Back then we had one American who was the information
18 systems officer and three FSNs. Including me, we were four
19 Kenyans working on the embassy. So we were a total of five
20 people.
21 Q. What time did you arrive at the embassy, approximately, on
22 August 7th, 1998?
23 A. That day I was picked up early because I was supposed to
24 travel to attend an information systems managers conference in
25 Nakra. So they picked me up at around 6:30. We arrived at
1899
1 the embassy some minutes to 7 -- some minutes after 7, about
2 7:15.
3 Q. And what did you do at the embassy that morning?
4 A. When I got into the embassy, I started preparing to leave,
5 taking my money, having meetings with my staff, telling them
6 what I need done in my absence, and stuff like that.
7 Q. When you say you went to get your money, where did you go
8 to get your money?
9 A. The cashier was on the first floor. In between my office
10 and the cashier we had a telephone strong room and then the
11 lifts. So behind the lifts we had the cashier's office. So
12 that is where I went to get my money. The first thing in the
13 morning, immediately after the cashier had opened I took about
14 15 minutes before I went there. And so when I went there, I
15 found a queue of other people in the queue, the people who
16 wanted to cash their money for the weekend, some Americans who
17 wanted to go on a safari, like a tour or something, and also
18 the consular lady, the cashier who takes the money from Visa
19 applicants also was there.
20 So the queue was long when I went in the first time.
21 I decided to come back to the office and finish up sending
22 e-mails to my staff. When I went back the second time, the
23 queue was still long. That's when the lady spotted me, the
24 cashier, and shouted. Because back in Nairobi I was the
25 president of foreign service national, the non-Americans who
1900
1 work at the American Embassy, so I was the president. So when
2 I was leaving, they knew that I will be out. And so she saw
3 me and just welcomed me, please come, come, come and join the
4 queue. You don't need to sit in the queue, come and be at the
5 front. I want you to be served first because your flight is
6 at 11. And so I did not have to wait in the queue, I just
7 went to the front to be served first by the cashier.
8 Q. Do you recall about what time that was?
9 A. That was about 10:15, 16, 25, there, because I did not --
10 it did not take -- it was about 10:25 because it did not take
11 me about five or so minutes before everything went.
12 MR. BUTLER: Can we publish Government Exhibit 801D
13 again, please.
14 Q. Mr. Mimba, could you point out for the jury where the
15 embassy cashier's office is located on Government Exhibit
16 801D.
17 A. Where is the gate to the embassy here? I can't tell.
18 Q. If you look to the bottom left-hand corner of the screen
19 and move upward, do you see where the embassy cashier's office
20 is?
21 A. Now, which -- I don't know how this is --
22 Q. Let's ignore this. We're having some difficulty with
23 this.
24 Where did the embassy cashier's office face? Do you
25 know? Did it face on --
1901
1 A. It was facing the cooperative building side.
2 Q. So it was on the first floor. Was it in the rear of the
3 embassy?
4 A. Yes, in the rear of the embassy, yes.
5 Q. What happened after you left the embassy cashier's office?
6 A. After I left the embassy, I know the lady haggled me
7 because she was really nice. So I just said bye to the people
8 who were in the queue. I told them I was sorry the lady made
9 me jump the queue. So they were all students, they were all
10 laughing because the lady was still joking and funny.
11 So after leaving the queue, I was heading back to my
12 office. I went back to my office, put the per diem, the money
13 I had in my briefcase, then I came out. As I came out of my
14 office, I met another lady. She used to work at the personnel
15 office, the lady Lucy Onono, and she stopped me. Then she
16 called me chairman. President there is like the same as
17 chairman. She called me chairman. I understand you are going
18 to Nakra. I said yes. What are you going to bring me?
19 That's what everybody was asking for, because if I go out
20 there, it's like I'm a father, I'm supposed to bring everybody
21 gifts and stuff like that.
22 Q. After you had this conversation with her, what did you do?
23 A. That is right in front of my office, facing the cashier,
24 because when you are slightly in front of my office, you
25 could -- there was a path through to the cashier's office. So
1902
1 you could see the people, like you go straight on and then you
2 turn right to get to the queue. And so I had just come from
3 my office when I met Lucy.
4 Q. After you met Lucy, what did you do next?
5 A. After I met Lucy, I promised her, yes, I'll bring -- then
6 she told me to bring her an African dress and I told her I
7 would do so.
8 Q. Where did you go after your conversation with Lucy? What
9 did you do after that?
10 A. I went to my office then. I received a call from the late
11 Julian Bartley and Julian insisted that he wanted to see me
12 off. The previous night we had stayed with Julien until
13 around 10:30 at night. He was a good friend of mine. He
14 liked me and he used to tell me all about his background, how
15 he was raised up, how he admires the way I work hard, and they
16 encouraged me that I should keep on working hard, even told me
17 how he was raised up, how he went to school. The first day he
18 went to high school, I think the president asked him --
19 Q. Mr. Mimba, let's move on to --
20 MR. COHN: Your Honor --
21 Thank you.
22 Q. Where were you around 10:30 that morning?
23 A. Around 10:30 I was right in front of my office. After
24 talking to this lady, then I was -- I went back to my office,
25 was trying to send an E-mail, and then I heard the first
1903
1 explosion. It came like a tremor. And I don't know, somehow
2 I thought it was something outside the embassy. So I --
3 somebody asked, what was that? Then I said, I think it's a
4 bomb, but I think it's somewhere. There's a place called
5 Lamaru, which is many miles from Nairobi, some miles from
6 Nairobi.
7 Q. So after you heard the first explosion, what happened
8 next?
9 A. Then people were rushing to the window. Then I thought
10 about locking my office before I could also join them. So I
11 was heading towards the open area, which was on the Budget
12 section, to see what people were going to see. And on my way
13 there, there was a computer room, which was a sealed room. On
14 my way there, just reaching the corner, that's when the second
15 deadly explosion came and --
16 Q. And what happened after the explosion came?
17 A. I didn't know where I was. I lost -- I didn't know. I --
18 the house came on me because the ceiling came on me. I was
19 thrown down. The house was dark. It was dusty. It was
20 smoky. Choking because the duct smoke somehow choked me, and
21 I could not open my eyes. I cannot see nothing.
22 Then I went down. I was thrown down. Then the
23 bodies were burying me. Then I heard people cry and some of
24 them were -- I could hear, I could get their voices and could
25 know, that's so and so's voice, but I could not open my eyes.
1904
1 I could not breathe. I could not do nothing. Though I
2 prayed. I said a prayer, about three seconds, that, Lord,
3 just take my soul.
4 Then I remembered, I fumbled for my I.D. because I
5 remembered my dad and my brothers loved me so much that I
6 would want them to see my body. And so I was looking for a
7 form of identification where if I'm found, they would get an
8 I.D. It didn't occur to me that an I.D. would burn if the
9 house burns.
10 Q. Were you eventually able to get outside the embassy?
11 A. Yes. I started crawling after that when I could feel like
12 I was alive, I started crawling because I was choking. I
13 started moving torwards a place I could get fresh air.
14 Then all of a sudden I felt a breeze come from a
15 direction. I didn't want to open my eyes. I didn't want to
16 breathe. I started crawling towards that place. I didn't
17 know where it was. Then after reaching that place, I realized
18 there was a cold breeze coming from outside. So I started
19 moving towards that side. It was the window that had been
20 blown.
21 So as I moved, and I wanted to like keep moving, I
22 realized that I was at the edge. Then I slept there for some
23 time. I was shaking. When I opened my eyes, I saw the
24 garden, a green garden. I said, where am I? As I was moving
25 toward the window, I could feel people's -- could feel bodies
1905
1 of the dead people.
2 Q. Were you able to get outside the embassy to the garden?
3 A. Yes. After that, then I realized that I was looking for
4 an I.D., I could not get it, I would like my dad to see my
5 body, so I have to jump, to die outside. So I looked at where
6 I was going to jump. It was far, and I closed my eyes because
7 I didn't know where I was going to die. I wanted my body to
8 be found by my dad. So I just closed my eyes and then jumped
9 through the window.
10 Then I landed on, on something, a sharp object. I
11 think it's the stand that was making the flowers stand upright
12 there. They were metallic, kind of. So I had something cut
13 me, my back and my knee and here. Then I went down. I was
14 not conscious for some time. When I raised my head, I
15 realized that I did not die.
16 Q. What did you see when you were outside the embassy?
17 A. When I came down, I saw like it was not the embassy that
18 has been bombed. Somehow I saw so many things, like the
19 houses. Then I realized that I thought the world was coming
20 to an end. I didn't know, I didn't know where I was.
21 Then I realized that if I sleep down there, I was
22 going to be buried because somehow I had the feeling that this
23 building is going to burn down. So I jumped. I climbed the
24 fence again. Then I jumped over to the pavement and I landed
25 out at the pavement next to the parking lot.
1906
1 Q. What did you see in the roadway on the roundabout outside
2 the parking lot?
3 A. Outside the parking lot I saw so many people. Then as I
4 was lying down there I could see people run, running towards
5 my direction. Some were coming from the other direction.
6 Then there was this man who was running and he didn't
7 know that his intestine was out. His belly's been chopped off
8 so he's trying to hold onto his intestine at the same time
9 he's running.
10 Then when I came down, I saw an American lady and two
11 kids, two daughters. She's within the fence, crying for help.
12 Then she's crying, please help me, please help, help my kids,
13 help. Then I, after lying down, another object almost came on
14 me somehow, some object was flying down. I thought it was a
15 helicopter that's been sent to help people. I didn't know, it
16 was like something that was going to bang. I just missed me
17 and I rolled under it.
18 Q. What, if anything, happened to the lady and the two
19 children?
20 A. When I heard these kids cry, then I decided to run back
21 towards the embassy. Then I tried to pass my hand to reach
22 the kids. They were crying. They didn't know me. Their
23 mother is also crying. Then the mother convinced them,
24 please, honey, go, go, go, get out of here, go.
25 Then I, together with an American called Bob Gaudy,
1907
1 we moved next to the fence and we were able to lift the kid.
2 I passed my hand inside the fence. Then we were able to lift
3 the kid up to the sharp end and took the two daughters out.
4 I don't know whether the lady survived. I don't know
5 who she was. What I know is we were able to get the two girls
6 out to an ambulance that was somewhere.
7 Q. Did you go back into the embassy after this?
8 A. Yes. After this I tried to run away towards the railway
9 station to, like go out. As I was running, I realized there
10 was a Kenyan bus and another school bus that was shut down
11 where I could see everybody was dead, the driver. Then I said
12 wherever I go, I don't think I'm going to survive. Let me go
13 and save my colleagues in there who were still trapped.
14 So I headed back to the embassy and I saw a Marine by
15 the stair. He had a gun and he's crying also. He had -- I
16 think he was in pain. And then I tried to go and he told me,
17 please don't come in this house, it's weak. But I insisted.
18 When I went back in -- then I sneaked and went back in. Then
19 I sneaked to the first floor. That was where my office was,
20 and I, I --
21 Q. Why don't we publish what has been previously marked as
22 Government Exhibit 806A.
23 Mr. Mimba, is that you in that photograph in
24 Government Exhibit 806A?
25 A. Yeah.
1908
1 Q. And what's depicted in Government Exhibit 806A?
2 A. Your Honor, when I went to the first floor, the whole
3 place was squared. I could not open my eyes because I was
4 still choking, but I was fumbling for any, any, something,
5 anybody I could get. I was moving, kneeling, I'd been
6 crawling down and feeling the bodies. They're all dead.
7 Then another lady, I think -- I started calling out,
8 is anybody out there? Please, can you hear me? Can anybody
9 hear me? Then as I was heading back, another lady called me:
10 George, George, please help me. I did not want to open my
11 eyes. I did not want to -- so I started moving towards in the
12 direction where the sound had come from.
13 And as I was moving, feeling the bodies, I held to
14 something that made a move and I yelled, I said, this is the
15 lady who called me. I did not look at what I had held, I just
16 held the object tightly and started pulling the body, heading
17 back to where I had come from. When I came down and people
18 came down to help me, then I realized that the person I had
19 helped was a man. And the lady's voice kept coming back to
20 me.
21 Q. Do you know who this person was that you assisted out of
22 the building?
23 A. I don't know. I don't know, sir. It's been haunting me.
24 I really wanted to know if he survived.
25 MR. BUTLER: No further questions, your Honor.
1909
1 THE COURT: Any cross-examination?
2 MR. COHN: No.
3 THE COURT: Thank you. You may step down.
4 (Witness excused)
5 THE COURT: Government may call its next witness.
6 MR. BUTLER: Government calls Samuel, NGANGA, your
7 Honor.
8 SAMMY NGANGA,
9 called as a witness by the government,
10 having been duly sworn, testified as follows:
11 DEPUTY CLERK: Please be seated. Please state your
12 full name.
13 THE WITNESS: Sammy Nganga.
14 DEPUTY CLERK: Please spell your last name.
15 THE WITNESS: N-G-A-N-G-A.
16 BY THE COURT:
17 Q. Sir, if I could ask you to please try to keep your voice
18 up and speak, if you could, into the microphone, okay?
19 A. Yes.
20 Q. How old are you, sir?
21 A. I'm about 53 years.
22 Q. And where were you born?
23 A. Born in Kenya.
24 Q. Have you lived in Kenya your whole life?
25 A. I have lived in Kenya my whole life.
1910
1 Q. Going back to August of 1998, how were you employed?
2 A. In August of 1998 I was office at Ufundi Cooperative
3 House.
4 Q. If you could just maybe lean forward a little bit into the
5 microphone and try to keep your voice up, sir.
6 So you were in your office in Ufundi Cooperative
7 House?
8 A. Yes.
9 Q. And what type of business were you in?
10 A. When I was there around 10:30, I had --
11 Q. Mr. Nganga, what type of business were you in?
12 A. About 10:30.
13 Q. What business? What was your business in the Ufundi
14 House?
15 A. I was doing business of governmental. I was a
16 governmental dealer.
17 Q. And where was your office located?
18 A. The office was located Ufundi Cooperative House.
19 Q. Where in the Ufundi House?
20 A. First floor.
21 Q. And where in relationship to the American Embassy was it?
22 A. It was just adjacent to the American Embassy.
23 Q. Do you recall where you were about 10:30 in the morning on
24 August 7?
25 A. Yes.
1911
1 Q. Where were you?
2 A. I was in my office.
3 Q. And what do you recall happening around 10:30 on August
4 7th?
5 A. When I was in the office I heard a loud explosion, and we
6 were four of us in the office. I rushed out to the balcony to
7 see what it was, and before I could reach the balcony, another
8 powerful explosion occurred and I found myself down in the
9 rubble of the house.
10 Q. Let's go back just a moment. You say you heard an
11 explosion, correct?
12 A. Yes.
13 Q. And then you went out to the balcony of the Ufundi House?
14 A. Ufundi House.
15 Q. Where was that balcony located?
16 A. It was located on the first floor of the Ufundi House.
17 Q. And what did it look out onto?
18 A. I didn't reach the balcony which was overlooking the
19 American Embassy, I didn't reach it. Then another explosion
20 occurred, powerful explosion occurred, and I was buried.
21 Q. And then there was the second explosion?
22 A. Yes.
23 Q. And what happened after the second explosion?
24 A. After the second explosion, everything became dark. I was
25 buried in the rubble.
1912
1 Q. And what happened after you were buried in the rubble?
2 A. After I was buried in the rubble, I heard a quick -- I
3 went to my down to my pocket. I had matchbooks and I wanted
4 to see my position. And I found myself, I had spared about
5 four feet, four feet high and four feet wide.
6 So I then, so I was very hot and I started doing my
7 first aid. I tied my legs, the bones which were already
8 protruding from the skin. I tied the legs and then I tied my
9 leg, broken leg, to my right leg, which I hung up, and so I
10 started digging for the other foot. I was really tired and I
11 slept.
12 When I woke up, I, after sleeping, I dreamt having
13 been rescued. But when I woke up, I found myself in the same
14 position I was in the same in the rubble. So I just then,
15 before I could think about anything, I started -- I heard
16 another lady who was trapped inside. And we started
17 communicating with the lady who was trapped in the other
18 building where I was.
19 So after conversing with the lady for some time, then
20 the rescuers, I started communicating with the rescuers who
21 were on top. And they kept updating the movement, how they
22 were trying to rescue us and so that we could not worry, so
23 they were about to rescue us. I stayed there until I was, I
24 stayed there until I was rescued on the 9th, on the 9th of
25 August.
1913
1 Q. What day of the week was the 9th of August?
2 A. Saturday.
3 (Continued on next page)
4
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1914
1 Q. So you were under the rubble from Friday August 7 till
2 Sunday August 9?
3 A. Up to the 9th.
4 Q. Will you publish what has been marked and admitted into
5 evidence as Government Exhibit 806-I.
6 Do you recognize Government Exhibit 806-I?
7 A. Yes.
8 Q. What is Government Exhibit 806-I?
9 A. That's rubble of the Ufundi house.
10 Q. Again, could you please sir, just lean forward a little
11 bit into the microphone so everybody can hear you?
12 A. This is the collapse of the Ufundi cooperative house.
13 Q. And how were you rescued sir?
14 A. What?
15 Q. Could you please just describe for the jury how you were
16 rescued?
17 A. The rescue part was a difficult one, and I had to keep on
18 banging the walls so that the rescuers could know where I was
19 located, and so sometimes they tell me to bang the wall, I had
20 to bang the wall. They tell me when they had to come around
21 they had to cut holes and he had torch and ask me where I
22 could see the light. So I could not see the light. They kept
23 on changing positions. Here I could see the light. So when
24 they asked me how long the light was I told them because about
25 four foot from where I was, but they asked me, could I hold
1915
1 them, I could not because my leg was already was broken.
2 I could not walk and I was badly off. And so they
3 came here and then they cut another hole, this where I could
4 see them on the top. So though I was talking they thought
5 where I was near and they followed me to where I was. So they
6 followed where I was talking. I was very badly off, and they
7 told me to give them my hand.
8 So I lifted my hand and they took my hand. Then I
9 forgot that I already tied my leg with a, my leg was broken so
10 I had to snatch it, and then I hit myself because I had a lot
11 of pain, and so then they find a way of coming down to where I
12 was. But it was difficult because there was no space, so they
13 had to leave so they could come and then they were cutting
14 some holes, cutting holes through. One of them was able to
15 come down to where I was.
16 Q. Now, were you communicating with this woman that you had
17 spoken about during this time?
18 A. The woman I was I came to know her as Lois, but
19 unfortunately she was not saved. She wanted to come out
20 before I was rescued, but I told her I was, it was a lock on
21 my side, so I told her I could just, they were nearer her and
22 they could rescue her. So I left her with a promise that they
23 had to rescue her within two hours, maybe because I thought
24 they could pass the same hole, but, unfortunately, they
25 couldn't, so it was not.
1916
1 Q. What was her name?
2 A. Lois Gadignu.
3 MR. BUTLER: No further questions, your Honor.
4 THE COURT: Thank you, sir. You may step down.
5 (Witness excused)
6 MR. BUTLER: The government calls Father John Kiongo.
7 JOHN KIONGO KARIUKI,
8 called as a witness by the government,
9 having been duly sworn, testified as follows:
10 DIRECT EXAMINATION
11 BY MR. BUTLER:
12 Q. Father Kiongo, if I could ask you to just keep your voice
13 up and try to speak directly into the microphone. You're a
14 Catholic priest, sir?
15 A. Yes, sir.
16 Q. And where are you a priest?
17 A. In Nairobi diocese Kenya.
18 Q. Have you lived in Kenya your entire life?
19 A. Yes.
20 Q. And do you recall where you were on the morning of August
21 7, 1998?
22 A. Yes.
23 Q. And where was that?
24 A. I was in the Ruta parish where I am based in Nairobi.
25 Q. Where did you go that morning?
1917
1 A. That morning I went to the American embassy in town.
2 Q. And why did you go to the American embassy?
3 A. I went to the embassy because my brother was working at
4 the embassy and my niece wanted to go to America the following
5 week for studies.
6 Q. What did your brother do at the embassy?
7 A. He was working at the embassy, shipping department.
8 Q. In the shipping department?
9 A. Yes.
10 Q. About how old was your niece at the time?
11 A. Beg your pardon?
12 Q. About how old was your niece at the time?
13 A. She was 23 or so.
14 Q. What happened when you got to the embassy?
15 A. When we got, when I got the embassy, my brother came for
16 me downstairs, so we went to his office and before that we had
17 made a collection, and I was carrying the money so I was going
18 to take him to give him the money, so that he can be able to
19 buy the thing necessary for paying school fees when my niece
20 came to America.
21 Q. And where was your brother's office located, if you
22 recall?
23 A. I think it was first floor.
24 Q. And do you know which side of the building it was on?
25 A. That was, that was on the, it was not the left side of the
1918
1 main road. It was on the other side behind.
2 Q. Do you know what you saw when you looked out from your
3 brother's office?
4 A. Yes, when I looked out I saw the parking lot.
5 Q. The rear parking lot?
6 A. Yes.
7 Q. How many people were in your brother's office that
8 morning?
9 A. My brother had a big office, but on the corner was his
10 compartment, a small one, and so I was with him and my niece
11 we are three, but the other bigger office there are about six
12 people.
13 Q. And what happened while you were visiting with your
14 brother and your niece that morning?
15 A. When we, we counted the money, it was about 400,000 Kenya
16 shilling, and then my niece came later on because she came
17 after me, and then we were trying to see how the bank draft,
18 how many we are going to buy for her to come to pay for school
19 fees.
20 And then when we had done that, then my brother told
21 me, I think now, Father, you can go because Theresa can do the
22 rest. She will take this money. She will take this forms
23 downstairs to the bank and then she will get the necessary
24 things, and so that was that.
25 I did rise up when we heard a loud bang and then we
1919
1 stood up to look to see what happened downstairs. So we
2 looked, and for me it was an ordinary parking, but my brother
3 was saying that man is shooting that, that man is shooting.
4 What is going on there? So I was very worried. I wasn't
5 happy. I was worried.
6 And I sat down, and I held my face like this, and I
7 said a prayer because I knew this was the embassy, it was like
8 the foreign country, and might be things, if things go wrong,
9 then we don't know where we are going to end.
10 Q. Then what happened after that?
11 A. After that, there was now big thing that came, and then we
12 all shuddered to almost to death.
13 Q. You say you shouted. What happened after this explosion?
14 A. After the explosion everything fell down and when
15 everything fell on me, the desk, I don't know whether the
16 doors and I felt I was somewhere very far away, somewhere very
17 far away, nobody could hear me even when I was shouting.
18 Q. And did you hear anything at the time? Did you hear
19 anybody speaking to you?
20 A. Now, it's only after sometime then I heard people come,
21 and people saying, this one is not dead, this one is not dead,
22 get this one, and leave those who are dead alone.
23 So I knew from there my brother must have died, and
24 my niece is dead. And they took me out, and my right hand was
25 almost off, and so it was very painful, I had to cry out,
1920
1 because my, when my left hand was badly damaged, I could not
2 see. Also, I had lost sight, but I could hear a lot of
3 crying, a lot of noise, people praying, and people crying, and
4 so forth.
5 Q. And what happened to your brother and your niece?
6 A. They died.
7 MR. BUTLER: No further questions your Honor.
8 THE COURT: Is there cross-examination?
9 Thank you, Father. You may step down.
10 MR. BUTLER: The government calls Tobias Otieno.
11 TOBIAS OTIENO,
12 called as a witness by the government,
13 having been duly sworn, testified as follows:
14 DIRECT EXAMINATION
15 BY MR. BUTLER:
16 Q. Mr. Otieno, if I could ask you to lean forward just a
17 little bit, keep your voice up and speak directly into the
18 microphone.
19 How old are you, sir?
20 A. I am 51 years old.
21 Q. Where were you born?
22 A. When was I born?
23 Q. Where were you born?
24 A. I was born in Kenya.
25 Q. Have you lived in Kenya your whole life?
1921
1 A. Yes, sir.
2 Q. How are you employed?
3 A. I'm employed by the US embassy in the Department of
4 Commerce as a commercial specialist.
5 Q. And how long have you been employed by the American
6 embassy?
7 A. This is my 30th.
8 Q. And were you at the embassy on August 7, 1998?
9 A. Yes, sir, I was at the embassy on August 7, 1998.
10 Q. Where is your office located?
11 A. My office was located behind the entrance, the ground
12 floor, that be directly behind the entrance front of the
13 embassy.
14 Q. And how many people work in your office?
15 A. At the time of August we are about, we are eight people.
16 Q. Do you recall what happened on the morning of August 7,
17 1998?
18 A. Yes, I can recall. It was a Friday, and around -- I was
19 in the office you know as usual on that day. And at around
20 10:30 a.m. I was on my desk together with my colleague who was
21 also sharing the office with me, and also another friend who
22 also was working at the embassy. So we were about three
23 people in the office at that time. And about 10:30 as I was
24 saying, we heard an explosion from behind the office and all
25 of us were curious about the explosion.
1922
1 We all asked what was the noise about or what was the
2 explosion, because we wanted to know. And it was what we
3 thought was a tire bus, you know, some huge tire bus behind
4 the office. And just within seconds after that initial
5 explosion, another big explosion erupted in the building and
6 we, within seconds the whole lights, the whole building shook,
7 and terrible outbreak.
8 I thought it was the end of the world. Really I
9 thought it was the end of the world, and in the Christian
10 sense I thought you know God has come to take his people,
11 because I didn't know what it was, and --
12 Q. What happened to you, Mr. Otieno?
13 A. I was thrown back on my chair, and I landed somewhere
14 which I didn't know, but I came to realize I came to learn
15 later that, you know, I was still sitting on the chair, but
16 what happened to me was that I lost my eyesight, the whole
17 thing went dark, my head was hot, my stomach I felt was bust,
18 and I lost, I lost all sense of relation at that time.
19 Q. How did you get out of the embassy?
20 A. After one minute or two minutes I heard the people crying
21 within the building, and I said, here I am. There are also
22 people crying for help, so my only salvation is also to cry
23 for help. So I join the others in the cry for help. And
24 somebody from behind me came and said, I will help you. So
25 the person came and they held my right hand, because my left
1923
1 hand was already gone, and led me towards climbing the debris.
2 And we went, we reach a wall which he asked me to
3 climb, and I tried to climb it with all my effort, and we were
4 on the wall until we reached a point where he asked me to jump
5 on the ground, and from there when I jump on the ground some
6 people who I later learned to be military or Marines helped me
7 into a waiting ambulance when I was taken to hospital.
8 Q. What injuries did you sustain as a result of the bombing?
9 A. I, my eyes, all my eyes were shattered by the exploding
10 glasses, I shattered my eyes, I lost my vision, and then I
11 lost my left hand on the wrist was severed off. It was
12 hanging by a thread, and I my four upper teeth, and several
13 wounds on my face and body.
14 Q. And what happened to your colleagues in the commercial
15 office?
16 A. Two of my colleagues died right there in the building, and
17 one colleague who was with me also within the building at the
18 time also suffered serious eye injuries similar to my
19 injuries, and, you know, body wound as well.
20 MR. BUTLER: No further questions, your Honor.
21 THE COURT: Thank you. You may step down.
22 (Witness excused)
23 MR. BUTLER: The government calls Staff Sgt. Daniel
24 Briehl.
25 DANIEL M. BRIEHL,
1924
1 called as a witness by the government,
2 having been duly sworn, testified as follows:
3 DIRECT EXAMINATION
4 BY MR. BUTLER:
5 Q. Staff Sgt. Briehl, if I could just ask you to keep your
6 voice up and lean toward the microphone when you answer so
7 everybody can hear you. Thank you.
8 What branch of the service are you with, sir?
9 A. United States Marine Corp.
10 Q. How long have you been a Marine?
11 A. I've been in the Marine Corp for a little over six years.
12 Q. How old are you now?
13 A. I'm 30 years old.
14 Q. Where are you presently stationed?
15 A. I'm stationed in California at this time.
16 Q. And where were you stationed before California?
17 A. I was stationed as a Marine security guard in Nairobi
18 Kenya.
19 Q. And how long were you in Nairobi Kenya as a Marine
20 security guard?
21 A. I was there for 15 months.
22 Q. And what time period is that?
23 A. I reported there about three months before the bombing.
24 Q. Where were you on August 7, 1998?
25 A. I was in front of the embassy waiting on a Marine who just
1925
1 entered the building.
2 Q. To be clear, were you on duty that day?
3 A. No, I was off.
4 Q. And who were you with?
5 A. I was with the Marine driver, Sgt. Aaron Russell, myself,
6 and Jesse Alanga.
7 Q. What were you doing at the embassy that morning?
8 A. Sgt. Alanga had to cash a check at the bank and they were
9 going to go shopping that day.
10 Q. And where were you situated around 10:30 in the morning?
11 A. We were parked in front of the embassy in the front
12 parking lot facing the street.
13 Q. And what happened around 10:30 in the morning?
14 A. Sgt. Alanga was in the building longer then I expected him
15 to be, and I exited the vehicle and was going to walk in the
16 embassy and see what was taking him so long, when I heard some
17 gun fire, went back to the vehicle, and got Sgt. Russell out
18 of the vehicle.
19 I thought something was happening, maybe a carjacking
20 or a bank robbery. But just to be safe we were going to go
21 inside the building. And then we heard an explosion kind of
22 like a back fire, but a little bit louder, and then the
23 explosion happened.
24 Q. After the explosion happened, what did you do?
25 A. We ended up diving under a vehicle in the front parking
1926
1 lot for cover from falling debris, concrete, windows and such,
2 and then we got up off the ground, and ran into the front
3 steps of the building.
4 Q. And what did you do when you went into the building?
5 A. When I entered the building I could not see the Marine on
6 post one at all. Post one there was a lot of, it was
7 completely dark, a lot of soot. And I started calling his
8 name through the drop box, which is a small box where you can
9 slide IDs back and forth. I was getting no response. I look
10 to my left and saw some people trying to get out of the
11 counsulate section who were getting visas that day and they
12 were trying to exit the entrance door, which is a one-way door
13 only.
14 Sgt. Russell then began to guide them to the correct
15 door for them to leave the building. None of them seemed to
16 be badly banged up, and they got out of the building. My next
17 concern was seeing inside the embassy itself.
18 Q. Did you eventually get inside the embassy itself?
19 A. Yes. We entered the embassy and did not get inside post
20 one, as it's being locked and could not still see the Marine
21 on post one. I next tried to go to our reaction room where we
22 keep our gear at and to set off a perimeter around the
23 building.
24 There was rubble from the floor to the ceiling behind
25 post one in my way. I tried climbing over this, and the pile
1927
1 giving way, I slid down and expected to hit the floor, which I
2 didn't. I fell through open elevator shaft that had the door
3 blown off of it and proceeded to fall two stories down on to
4 my back.
5 Q. And what happened to you after you fell down this elevator
6 shaft two stories?
7 A. At that point I told myself I needed to get up. I didn't
8 land on the elevator, therefore, it was probably above me. I
9 worried about that or secondary explosion. I could see some
10 light coming in from the hallway. The doors were still closed
11 but partly open. I pulled myself up and pushed the doors
12 opened, and found some people in the hallway. Told them what
13 had happened, and that we needed to get them out of the
14 building and to a secure location and get them medical
15 treatment as they needed it.
16 Q. And what did you do next?
17 A. I then climbed the steps and found Sgt. Russell again
18 upstairs. And I was bleeding from my arm and my hand, and I
19 also had a pain in my back from the fall. He told me that
20 they were evaccing people to the hospitals and that they it
21 under control and he thought I should go get medical
22 attention.
23 Q. And did you go get medical attention at that time?
24 A. I went outside to where some of the doctors were, and I
25 saw some people running that way. I'll never forget a face of
1928
1 a gentleman who was wearing a white shirt was totally covered
2 in blood. And I told myself that I could still stand, I could
3 still do my job, and I went back up on the steps then and put
4 a set of gear on and took post on the front steps for a while.
5 Q. What happened to Sgt. Alanga?
6 A. Sgt. Alanga was found the next day, approximately 10 in
7 the morning, in an area of about four feet of rubble.
8 Q. Did he survive the bombing?
9 A. No, he did not.
10 MR. BUTLER: No further questions, your Honor.
11 MR. COHN: Briefly, your Honor.
12 THE COURT: Yes. Mr. Cohn on behalf of defendant
13 Al-'Owhali.
14 CROSS-EXAMINATION
15 BY MR. COHN:
16 Q. Thank you your Honor.
17 Sgt. Briehl, when you approached the embassy that day
18 did you notice, is there something called a swing bar at the
19 entrance?
20 A. Yes, there is.
21 Q. And did you notice something particular about the swing
22 bar that morning as you came in?
23 A. It was nothing wrong with the swing bar in the front
24 entrance.
25 Q. Excuse me?
1929
1 A. There was nothing to notice about the swing bar.
2 Q. Well, was the -- the swing bar is normally in a position
3 where it has to be unlocked, is that right?
4 A. It's in a down position. It has to be opened for a
5 vehicle to enter.
6 Q. That's right. And on that morning did you, do you recall
7 that the swing bar had been removed that morning?
8 A. The swing bar in front of the embassy was opened for us
9 when we drove up. It was intact.
10 Q. Well, let me show you, if I may, a report 3518-2.
11 May I approach the witness, your Honor?
12 THE COURT: Yes.
13 Q. If you'll take a look, Sgt. Briehl, at the third
14 paragraph. Read it to yourself. Don't worry about the
15 handwriting on the side. Just read it to yourself.
16 (Pause)
17 After reading that, do you, does that change your
18 recollection about what you saw that day?
19 A. No, it does not. The embassy was in charge of two swing
20 bars. There was one in the front and one in the rear. This
21 swing bar that I'm mentioning in the statement belonged to the
22 cooperative bank as it says, and so there was three swing bars
23 in the immediate area of the embassy. This one was towards
24 the rear of the building.
25 MR. COHN: All right. Thank you. I have nothing
1930
1 further.
2 THE COURT: Thank you. You may step down.
3 (Witness excused)
4 MR. BUTLER: Your Honor, I believe the next witness
5 needs a Swahili interpreter. I would ask the interpreter to
6 come forward. The government calls Pinanah Muhoho.
7 PININAH MUHOHO,
8 called as a witness by the government,
9 having been duly sworn, testified through
10 the interpreter as follows:.
11 DIRECT EXAMINATION
12 BY MR. BUTLER:
13 Q. Ma'am, where were you born?
14 A. West side.
15 Q. Is that in Kenya?
16 A. Yes.
17 Q. Have you lived in Kenya your entire life?
18 A. Yes.
19 Q. Do you recall where you were on the morning of August 7,
20 1998?
21 A. Yes.
22 Q. Where were you?
23 A. Ugi.
24 Q. Do you recall where you were about 10:30 in the morning on
25 August 7, 1998?
1931
1 A. Yes.
2 Q. Where was that?
3 A. I was coming from Ugi and I was coming through, from Ugi
4 went to the road call Haile Selassie. And we, I reached this
5 the bus station and the bus stopped there. We stopped there
6 at the bus station and there is a truck came by, there is a
7 car came passing out, stopped near to us.
8 Q. What type of vehicle were you in?
9 A. It was a bus.
10 Q. And you were located on Haile Selassie Avenue?
11 A. Yes.
12 Q. And where were you in relationship to the American
13 embassy?
14 A. I was in the bus stop near to the American embassy.
15 Q. And what did you see at that time?
16 A. It was a jam of so many cars and behind us was a pickup.
17 Q. And what did the pickup do?
18 A. The pickup came and it came up to the stairs, one stairs
19 where they were standing near the embassy of the American
20 embassy. When it went up to the stairs, the pickup went up
21 one of the stairs and we are there standing, was which at the
22 bus station and they heard this paw.
23 And I some people start running and some people start
24 laying down on the floor. And the person I was sitting near
25 to me asked me, do you know what is that? Is a bomb. And the
1932
1 person who was in the car came out from the pickup, came out
2 and stand on top of the, at the door. He open the door and he
3 stand on top there. And they took out something long like
4 this size (indicating). And he was targeting like the upper,
5 the upper floor of the house.
6 Q. And then did you hear a second explosion?
7 A. After he stood up over there and he did with two hands and
8 a lot of noise came out, pop pop. And then he walk up to the
9 main door again to the stairs and again he did paw paw, and it
10 came out like a thunder storm.
11 Q. What happened to you after this thunder storm that you
12 heard?
13 A. And after that we was coming, we was running out of the
14 bus, and all of us was fall down. And after that I heard one
15 of the kids crying, help me, help me. And the other woman was
16 saying, help me.
17 And then I touch my mouth and I found that I don't
18 have no teeth in my mouth. And I asked for help and pray.
19 And one person came and pulled her by hand, and then I heard
20 other people crying. And they tried, they pull us to the end
21 of the car and there was another person.
22 Q. And Ms. Muhoho, did you lose your eyesight as a result of
23 the injuries that you suffered in the blast?
24 A. In the time they was taking us and another woman to the
25 hospital that I realize I lost even my eyes.
1933
1 MR. BUTLER: No further questions, your Honor.
2 THE COURT: Thank you. You may step down.
3 (Witness excused)
4 MR. BUTLER: The government calls Elijah Mutie Mue.
5 ELIJAH MUTIE MUE,
6 called as a witness by the government,
7 having been duly sworn, testified as follows:
8 Q. How old are you, sir?
9 A. I'm now 37 years.
10 Q. Where were you born?
11 A. I was born in the Katri district, that's in Kenya.
12 Q. Have you lived in Kenya your entire life?
13 A. Yeah, I have been there my whole life.
14 Q. And where are you presently employed?
15 A. I'm presently employed by Kenya secretarial consultants.
16 Q. And how long have you had that job?
17 A. What?
18 Q. How long have you been employed at the present position?
19 A. It should be now around from 1994, around, about eight
20 years now.
21 Q. If I could just ask you to keep your voice up and try to
22 lean forward a little into the microphone. Thank you.
23 In August, 1998 where was your office located?
24 A. Our office was located in a building call the NHC,
25 National Housing Corporation on the first floor.
1934
1 Q. Where was that in relation to the American embassy?
2 A. It was about a hundred meters from there, from their
3 building.
4 Q. If we could publish what's been previously admitted into
5 evidence as Government Exhibit 805-A.
6 Look at Government Exhibit 805-A. Do you see your
7 office building there?
8 A. Yes.
9 Q. Where is it located?
10 A. There (pointing).
11 Q. If you could just describe it for the jury? Is it looking
12 to the bottom of the exhibit there you see a row of buildings
13 with a sort of bluish roof?
14 A. Yes.
15 Q. Is it located in that row of buildings there at the bottom
16 of the screen?
17 A. Yes, cooperative is a tall building next to it.
18 Q. So it's the tall building directly behind the cooperative
19 house?
20 A. Yes, yes.
21 Q. Where were you on the morning of August 7, 1998, Mr. Mue?
22 A. That morning at around 10 I was in my office which is in
23 the first floor of that building.
24 Q. And what happened on the morning of August 7, 1998?
25 A. As I was sitting there I heard some, my office is next to
1935
1 a window, is facing the embassy, so I heard something like gun
2 shots, and I stood from my chair, I looked out the window,
3 because I just sitting in the window:
4 Then all of a sudden, you know, I heard a very big
5 blast, I mean blast, which, you know, after that was really
6 very difficult to say what happened.
7 Q. And what happened after you heard this blast?
8 A. Well, the blast was so big that, you know, I was standing
9 behind the window, has a window pane that's metal dividing the
10 window, and, in fact, that is the one that saved me, because
11 the glass which came from the window, after the blast that
12 window fell, hit me in my chest, and the glass and cut me, you
13 know, to pieces in my face. I fell down and I lost
14 consciousness for about ten, 15 minutes.
15 Q. And what injuries did you receive as a result of the
16 bombing?
17 A. I had several lacerations on my face here (indicating). I
18 almost lost this eye. A big one here (indicating). And I
19 also had three ribs broken, because of being hit by that
20 window pane.
21 Q. And could you describe briefly the damage that your office
22 in this building sustained?
23 A. It was completely damaged because the partitions in the
24 office they all came down. The walls which were of course
25 wood partitions in the office, they came down.
1936
1 Q. And what kinds of businesses were located in your
2 building?
3 A. Recruitment bureau, but are also training computer, so you
4 had some computer its there.
5 MR. BUTLER: No further questions, your Honor.
6 THE COURT: Thank you. You may step down.
7 (Witness excused)
8 THE COURT: The government may call the next witness.
9 MR. BUTLER: The government calls Moses Kinyua.
10 MOSES KINYUA,
11 called as a witness by the government,
12 having been duly sworn, testified as follows:
13 DIRECT EXAMINATION
14 BY MR. BUTLER:
15 Q. Good morning, sir. I ask you to please do what you're
16 doing, which is to try to keep your voice up and speak
17 directly into the microphone. Thank you. How old are you,
18 sir?
19 A. I'm 40.
20 Q. Where were you born?
21 A. Used to work with the US embassy.
22 Q. I'm sorry. Where were you born? What country were you
23 born in?
24 A. I'm a Kenyan.
25 Q. And have you lived in Kenya your whole life?
1937
1 A. Sure.
2 Q. And you mentioned you are presently employed at the
3 American embassy?
4 A. Yeah.
5 Q. How long have you been working at the American embassy in
6 Nairobi?
7 A. For the last eight years.
8 Q. And on August 7, 1998 what job did you hold at the
9 American embassy?
10 A. I was holding a driver clerk job.
11 Q. Why don't you explain briefly to the jury what you did for
12 the embassy?
13 A. I was working with the Department of Agriculture, and we
14 used to go out for reports for trade and so on.
15 Q. Do you recall where you were on the morning of August 7,
16 1998?
17 A. I was at the embassy building.
18 Q. And what were you doing at the embassy building?
19 A. I was preparing for a trip to out of the town, up country
20 where we were going for a report.
21 Q. What happened on the morning of August 7, 1998?
22 A. During the preparation I was working in the second floor,
23 where the office was, and the vehicle was parked at the rear
24 gate of the embassy, so I was packing the vehicle and wrap ups
25 in the vehicle for the travel, and I was traveling down up and
1938
1 down from the office and to the vehicle.
2 On my way to the vehicle on my way back to the office
3 that's when the, this bombing happened, so I was on the
4 stairs. So I can't say much about whatever happened beyond
5 that because I lost consciousness.
6 Q. You said you didn't see anything at around the time of the
7 bombing? You were in the interior stairwell, correct?
8 A. Yes.
9 Q. And what happened to you after the bomb went off?
10 A. From the vehicle where I was the rear gate there is a
11 barrier, and another gate, and now the vehicle, my vehicle was
12 on the inner side, so --
13 Q. Let me just see if I can get you focused on the question.
14 You were at the interior stairwell. What happened to
15 you, sir, as a result of the bombing? What happened after the
16 bomb went off?
17 A. After the bombing I was hit and the head was blown open.
18 Half of it was got lost, the forehead and the ear, the eye,
19 and the rest of the part was crushed. So I lost consciousness
20 after that. So the construction was done later with the
21 plastic. So I can't say much about anything more, because I
22 lost consciousness.
23 MR. BUTLER: No further questions, your Honor.
24 THE COURT: Thank you. You may step down. We'll
25 take a recess.
1939
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1948
1 (In open court)
2 THE COURT: Let's bring in the jury and the next
3 witness.
4 (Pause)
5 THE COURT: While we're waiting, with respect to the
6 sketching of the faces of witnesses, the government is, in
7 advance of each day, going to give the marshals a list of
8 witnesses whose facial features are not to be sketched, and
9 the marshals will enforce that. Obviously that is a list that
10 somebody from CNN can also look at.
11 (Jury present)
12 THE COURT: Government may call its next witness.
13 MR. BUTLER: Your Honor, the government calls
14 Caroline Gicharu.
15 CAROLINE GICHURU,
16 called as a witness by the government,
17 having been duly sworn, testified as follows:
18 DEPUTY CLERK: Please be seated. Please state your
19 full name.
20 THE WITNESS: Caroline Gichuru,
21 DEPUTY CLERK: Please spell your last name.
22 THE WITNESS: G-I-C-H-U-R-U.
23 DEPUTY CLERK: U-R-U?
24 THE WITNESS: Yes.
25 DEPUTY CLERK: Thank you.
1949
1 DIRECT EXAMINATION
2 BY MR. BUTLER:
3 Q. Ms. Gichuru, where are you from?
4 A. I'm from Kenya.
5 Q. Have you lived in Kenya your whole life?
6 A. I was born and raised in Kenya, but I have been in the
7 U.S. on several occasions for treatment and training.
8 Q. How are you presently employed?
9 A. I'm employed at the American Embassy in Nairobi as a human
10 resources clerk.
11 Q. How long have you been employed with the American Embassy?
12 A. It will be five years May of this year.
13 Q. What was your position on August 7th, 1998, what was your
14 job?
15 A. I was a secretary to the personnel office at that time.
16 Q. Where was the personnel office located?
17 A. It was on the second floor of the embassy, which faced the
18 cooperative building.
19 Q. And how many people worked in the personnel office?
20 A. We were seven, but at that particular time, day, we were
21 six because the personnel officer was not in.
22 Q. Were you in the office on the morning of August 7th, 1998?
23 A. Yes. That time I was at my desk.
24 Q. Could you please tell us what you remember about that
25 morning.
1950
1 A. Yes. I had a friend who had a birthday on that Saturday,
2 and also my colleague, her name is Lucy Onono, they had a
3 wedding anniversary that weekend. So we had agreed that that
4 day we would go out and buy some cards, and at that time I was
5 on the phone calling her to find out what time she wanted us
6 to go to the bookstore and get the card.
7 My other colleagues were behind me. They were
8 working on the Xerox machine, which was not working. There
9 were three of them. And while I was on the phone, I heard a
10 loud noise outside, but I didn't wake up to go and find out
11 what was happening because at that particular time there were
12 teacher strikes and the offices were housed at the cooperative
13 building. So I didn't stand to go. And after a while, I
14 don't know how long, I just felt like I was lifted and thrown
15 somewhere. And everything went dead.
16 I was out, but I don't know for how long, and when I
17 woke up I could hear a lot of voices. I could hear sirens
18 from outside and I could smell dust and I could feel blood all
19 over me. And I remember that we were many in my office, so I
20 was looking around to see where my colleagues were. And at
21 that time I saw one of my colleague's legs hanging up in the
22 air and that time I started feeling myself, I could feel blood
23 on my face. I looked at my hand and I could see right through
24 to the bone and that's when I started screaming for help.
25 I tried standing, but I can't. There was something
1951
1 heavy lying on my feet so I could not stand. But after I
2 shouted, the regional security officer by that time came and
3 he helped me out of the building.
4 Q. What happened to your colleagues in the personnel office?
5 A. They all died in the bombing that day.
6 MR. BUTLER: No further questions, your Honor.
7 MR. COHN: No questions, your Honor.
8 THE COURT: Thank you, ma'am. You may step down.
9 (Witness excused)
10 MR. BUTLER: Government calls Caroline Ngugi,
11 N-G-U-G-I.
12 CAROLINE NGUGI,
13 called as a witness by the government,
14 having been duly sworn, testified as follows:
15 DEPUTY CLERK: Please be seated. Please state your
16 full name.
17 THE WITNESS: Caroline Gnugi.
18 DEPUTY CLERK: Please spell your last name.
19 THE WITNESS: N-G-U-G-I.
20 DIRECT EXAMINATION
21 BY MR. BUTLER:
22 Q. Where were you born, Ms. Ngugi? Where were you born?
23 A. I was born in Nairobi.
24 Q. Have you lived in Kenya, have you lived there in Nairobi
25 your whole life?
1952
1 A. Yes.
2 Q. Where are you presently employed?
3 A. I'm employed in U.S. embassy, the U.S. Department of
4 Agriculture.
5 A. In the foreign office, that's the residency of the United
6 States Department of Agriculture.
7 Q. How long have you been employed at the embassy?
8 A. This is my third year.
9 Q. And were you employed at the embassy on August 7th, 1998?
10 A. Yes. By that time I was only five months old in
11 employment.
12 Q. And were you working for the Department of Agriculture
13 office at that time?
14 A. Yes.
15 Q. Where was your office located?
16 A. It was on the second floor, second floor, at the corner.
17 The end of the corridor office, second floor.
18 Q. Where did it look out to?
19 A. It faced the cooperative and the Ufundi Building.
20 Q. How many people worked in the agricultural office with
21 you?
22 A. It's was an office of five people. The agricultural
23 attache, the driver, the secretary and two agricultural
24 specialists.
25 Q. Were you in your office on the morning of August 7th,
1953
1 1998?
2 A. Yes.
3 Q. Could you please tell us what happened on the morning of
4 August 7, 1998?
5 A. Okay. Like any other office, they were all there and
6 ready to start off our day. I used to go to college in the
7 Ufundi House, but that morning for a strange reason I decided
8 not to go.
9 My other colleague we used to share the office with,
10 my colleague, Evans Onsongo, was killed in the blast, and
11 during that morning he came in around 9. He came in late for
12 work. We normally report at 7, 7:30. He used to report at
13 7:30 at that time but he came in at 9. The agricultural
14 attache was not there. He was on home leave. He was in the
15 U.S. And it was only me in the office and the secretary and
16 now our driver had also called in late.
17 And around just before 10:30, we heard a loud bang.
18 Evans was there, I was sharing the office with him, he was
19 seated cross to the window. I was, I used to sit cross to the
20 door and the window was next to the, or near the cooperative
21 building. So we heard a loud bang and he shrugged his
22 shoulders and asked me, Carol, what's that? And I was like,
23 in Kenya the teachers were on strike and I told him, oh, those
24 must be teachers bombing the co-op house.
25 I stood up from my seat, he stood up and faced the
1954
1 building, and I went and leaned on him like a small baby, I
2 don't know why I did that, and from there I was -- I think we
3 were just knocked off. And I was unconscious for quite some
4 time. Then after some time I woke up and I couldn't see.
5 Part of my head was all shattered with glass and I was hot on
6 my left arm and my face was all shattered by glass. And I was
7 just breathing and the whole place was just open, it was like
8 an open.
9 I started walking towards the square. I could see
10 light and I could see his legs standing on top of the desk.
11 Me, I was under the desk, and I was desparate to, oh, God,
12 just save my soul. I woke up, and as I got towards the right
13 I grabbed on the window sill, the window from which you could
14 see outside, and just by God's luck that I didn't fall. And
15 it attracted a lot of attention from the crowd, and everybody
16 was like, don't jump, don't jump, because I could have fallen,
17 I could have just gotten down and died there.
18 And as I attracted a lot of attention, Marines from
19 somewhere stated, and just two guys came over, I remember it
20 was an American, and he carried -- he told me just come over.
21 And they carried me. There were two guys, they carried me
22 down and I was taken to the hospital.
23 Q. And the man who stood in front of you at the window, do
24 you know what happened to him?
25 A. Yeah. He was killed in the blast.
1955
1 MR. BUTLER: No further questions, your Honor.
2 MR. COHN: No questions, your Honor.
3 THE COURT: Thank you. You may step down.
4 (Witness excused)
5 MR. BUTLER: Government calls Dr. Gretchen McCoy,
6 your Honor.
7 DR. GRETCHEN McCOY,
8 called as a witness by the government,
9 having been duly sworn, testified as follows:
10 DEPUTY CLERK: Please be seated. Please state and
11 spell your last name.
12 THE WITNESS: Gretchen Anne McCoy, M-c-C-O-Y.
13 DIRECT EXAMINATION
14 BY MR. BUTLER:
15 Q. You're a medical doctor?
16 A. Yes.
17 Q. When did you graduate from medical school?
18 A. I graduated from medical school in 1973. Sorry, 1976.
19 Q. How are you presently employed?
20 A. I'm employed as a regional medical officer for the
21 Department of State.
22 Q. How long have you worked for the State Department?
23 A. Eight years.
24 Q. Where did you work in August of 1998?
25 A. I was working at the American Embassy in Nairobi, Kenya.
1956
1 Q. How long had you been at the American Embassy in Nairobi?
2 A. One year.
3 Q. What was your position with the embassy in Nairobi?
4 A. I was the regional medical officer there.
5 Q. What were your duties and responsibilities as the regional
6 medical officer?
7 A. About 40 percent of the time I was at the mission in
8 Nairobi and I provided care to the staff, the American staff
9 there, and also provided assistance for any injuries of
10 Kenyans related to their work. The other 60 percent of the
11 time I did administrative work, and that included traveling to
12 eight other countries and providing medical care and
13 supervising medical care for those areas.
14 Q. Where was your office located?
15 A. My office was located on, in the first sub-basement, the
16 level of the parking lot. Our offices were located on the
17 side of the building adjacent to the Aga Khan walkway. My
18 office was on the back side of the building, and the medical
19 offices extended forward toward the front of the building.
20 Q. Were you in your office on the morning of August 7, 1998?
21 A. Yes, I was.
22 Q. Who else was in the office with you at that time?
23 A. We had two other RNs that were in the office at the time
24 and a nurse practitioner that we were all co-located there.
25 We also had two small children and their mother who were in
1957
1 the office at the time.
2 Q. They were there for a visit?
3 A. Right.
4 Q. Could you tell the jury what you recall that happened on
5 the morning of August 7, 1998?
6 A. I was in my office on the telephone at the time and heard
7 just a very small, what turned out to be an explosion, a pop,
8 and about ten seconds later there was a huge explosion. The
9 whole building just vibrated. The lights immediately went out
10 and it was very quiet.
11 We, the staff, the nursing staff that was there, we
12 all yelled to make sure everybody was okay. Fortunately,
13 everybody was. We had one emergency light in one of the exam
14 rooms, otherwise the entire area was pitch dark. We sort of
15 gathered ourselves together. One of the nurses grabbed our
16 emergency treatment bag and we went out into the waiting area,
17 and the furniture there was all disheveled. We basically
18 crawled over that furniture.
19 The nurses went first. I grabbed the hand of Joanne
20 Husky, who was the mother that was there, and she had her two
21 children, and we attempted to exit. The nurses went up the
22 front stairway and I took the Huskys on out through a door
23 that was approximately 15 feet farther on down that exited
24 into the parking lot area.
25 The door was ajar. We managed to get that open and I
1958
1 could see that there was a pathway, a clear pathway that they
2 could get up the ramp area. They walked on up the ramp and I
3 went back in to make sure that everybody else was out of that
4 section of the building.
5 Q. What did you do after that?
6 A. Well, I went back in. There were some offices adjacent to
7 our offices and that were responsible for repairing
8 telephones, and there was one person in there. He was fine.
9 Got him out. And as I was exiting through the parking lot
10 door again, there was a person on the floor or on the ground
11 that we had missed when we walked out. When we first exited
12 building, there was a lot of smoke and it was very difficult
13 to see and it was very difficult to breathe, and as I said, we
14 totally missed this one person, we literally tripped over.
15 At any rate, I found her on the way out the second
16 time and basically picked her up and sort of half dragged her
17 out. I was afraid -- there was still a lot of smoke, I was
18 afraid that there was going to be a fire, and drug her out up
19 the ramp area. And the chief security officer, Paul Peterson,
20 met me and he took Carol and carried her on out to the front
21 of the building.
22 I went around to the front where the nurses were. We
23 had sort of planned to set up what's called a triage area in
24 the front parking lot. Basically that's an area that you hope
25 to have all the injured kind of go through that area, where we
1959
1 kind of collect them and get them transported to the hospital
2 and basic first aid applied.
3 Unfortunately, it quickly became evident that people
4 weren't coming that way. I mean, the back of the embassy was
5 basically wide open. People were being taken out, put into
6 vehicles from the back side of the mission, so we were
7 basically losing a lot of patients that way.
8 At the same time, there were some additional medical
9 staff from some of the other embassies that had arrived, so
10 the nurse practitioner and I went back into the building and
11 our two nurses stayed there. One of them subsequently took
12 patients to the hospital, Barbara Mooley.
13 Q. What did you do when you went back inside the building?
14 A. I basically tried to just start going through the areas
15 that I could get to. I went back to the back side of the
16 building, went into the basement, and there were three Kenyans
17 that were unconscious in the garage area. There were some
18 bystanders there. We managed to find some pieces of metal
19 roofing that we put these people on and got them out and
20 transported to the hospital.
21 Also, there was an American there by the name of Gary
22 Spears who had fractured his upper arm and had some shrapnel
23 injuries to the abdominal wall. We got them taken care of,
24 and then I went back into the building and went to the first
25 floor and there were two Americans that were in the GSO area,
1960
1 O'Connor, Michelle O'Connor and Jay Bartley, and Michelle was
2 basically decapitated from the jaw up and Jay Bartley was in
3 the doorway and his legs were basically thrown over his
4 shoulders. They were clearly dead. There was nothing more
5 that could be done for them. And continued through the
6 building.
7 A lot of areas I couldn't get into because it was
8 very dark and there was debris many feet deep, so just started
9 going through the floors. I think it was on the third or
10 fourth floor that Carolyn Reilly, we found her. She was an
11 American that was complaining of a lot of shortness of breath
12 and chest pain. We managed to find a piece of the door to get
13 her on and get her transported downstairs.
14 It was very, very difficult to get her down the
15 stairs. There were a lot of people that were on that, there
16 was a lot of debris, a lot of people that didn't belong in the
17 embassy that were coming in. So there was a lot of
18 competition for the stairs.
19 Q. Did you eventually get out of the embassy?
20 A. Yes. After I kind of went through it again, it was clear
21 that, you know, we weren't coming across anybody else that we
22 could help there that was immediately evident, so I went on to
23 Nairobi Hospital to try and locate people that were injured
24 there and make sure that they were getting proper attention.
25 Q. Could you just briefly describe what you encountered at
1961
1 Nairobi Hospital?
2 A. Well, as you can imagine, with the number of people that
3 were injured and killed, it was utter chaos. There were a lot
4 of people milling around in the front of the hospital. When I
5 entered into the hospital, again, the waiting area was just
6 jammed. There were people on the floor, a few people on
7 stretchers for the stretchers that they had, and basically
8 just started going through these mobs of people looking for
9 injured that we could recognize.
10 MR. BUTLER: No further questions, your Honor.
11 MR. COHN: No questions, your Honor.
12 THE COURT: Thank you, Doctor. You may step down.
13 (Witness excused)
14 MR. BUTLER: Your Honor, at this time the government
15 would like to read a stipulation.
16 THE COURT: Stipulation, yes.
17 MR. BUTLER: "It is hereby stipulated and agreed by
18 and between the United States of America, by Mary Jo White,
19 the United States Attorney for the Southern District of New
20 York, Patrick J. Fitzgerald, Kenneth M. Karas and Paul W.
21 Butler, of counsel, and defendants, by and with the consent of
22 their attorneys, as follows:
23 "1. If called as a witness, A.O. Kirase Olombe would
24 testify as follows:
25 A. He is a medical doctor who graduated from the
1962
1 University of Nairobi with a Bachelor of Medicine and Surgery
2 degree in 1998 and a Postgraduate Master of Medical Pathology
3 and Microbiology in 1993. In 1993, Dr. Olumbe joined the
4 staff of the nairobi City Mortuary. In 1995, Dr. Olumbe was
5 sponsored by the World Health Organization to attend the
6 Victoria Institute of Forensic Medicine at Monash University
7 in Melbourne, Australia. Since 1996, Dr. Olumbe has been the
8 Chief Government Pathologist at the Kenyan Ministry of Health.
9 Dr. Olumbe performs autopsies on corpses to determine the
10 cause of death. In his experience as a medical examiner,
11 Dr. Olumbe has examined persons who are killed by explosive
12 devices.
13 "B. Between August 7 and August 14, 1998, Dr. Olumbe
14 was asked to perform or supervise autopsies on 200 individuals
15 at the Nairobi City Mortuary. In summary, all of the persons
16 listed below were determined to have been killed by injures
17 resulting from a bombing.
18 "C. The bodies examined by Dr. Olumbe were
19 identified by family members as the following individuals:
20 Bonita Achola, age 22, female; Samson Oduor Ahomo,
21 age 31; male; Margaret Akinyi, age 33, female; Emma Adhiambo
22 Anulo, age 18, female; Elizabeth Anyango, age unavailable,
23 gender, female; Monicah Apondi, age 39, female; Rosetta Ivayo
24 Barasa, age 54, female; Chrispine Bonyo, age 42, male; Daniel
25 Kiprono Cheruiyot, age 28, male; Jean Rose Dalizu, age 60,
1963
1 male; Eva Nyanjau Gacheru, age 22, female; Alice Nduta
2 Gachiri, age 46, female; Jane Wangui Gakuru, age 31, female;
3 Ralph Johnstone Gathumbi, age 53, male; Justus Njeru Geoffrey,
4 age 34, male; Agnes Wanjiku Gitau, age unavailable, female;
5 Lawrence Amrose Gitau, age 48, male; Bernard Mugambi Gitunga,
6 age 25, male; Susan Wairimu Gitu, age 36, female; Rosemary
7 Njeri Gituma, age unavailable, female; Hassan Hukay Guracha,
8 age 37, male; Burhan Aden Hanshi, age 21, male; Hindu Omar
9 Iddi, age unavailable, female; Tony Kihato Irungu, age 35,
10 male; George Irungu, age 62, male; Jane Wangari Itutia, age
11 unavailable, female; Dorine Aluoch Jow, age 30, female;
12 Gilbert Mugo Kahindi, age 41, male; John Karoki Kahuthu, age
13 59, Female; Geoffrey Mulu Kalio, age unavailable, male; Joel
14 Gitumbo Kamau, age 60, male; Franci Kihara Kamiti, age 27,
15 male; Lawrence Gitau Kamuti, age 31, male; Margaret Wanjiru
16 Kangi, age 21, female; Rachel Wambui Karaba, age 25, female;
17 Charles Mugo Karanja, age 30, male; Lucy Nyamira Karigi, age
18 53, female; Beatrice Nyambura Kariuki, age 35, female; Moses
19 Kariuki, age 35, male; Kristine Anne Wairimu Karumba, age 43,
20 female; Thomas Mudanyi Khahenzi, age 44, male; Francis Kiiru
21 Kibathi, age 38, male; Jackline Nyawira Kibera, age 18,
22 female; Rael Biiri Kimami, age 33, female; Felistas Njeri
23 Kimani, age unavailable, female; Stephen Manina Kimani, age
24 33, male; Joseph Kamau Kiongo, age 55, male; Teresa Wairimu
25 Kiongo, age 20, female; David Ndura Koimburi, age 38, male;
1964
1 Naftali Mwangi Kuria, age 32, male; Juliana Mbuli Kwali, age
2 40, female; Peter Mbithi Kyalo, age unavailable, male; Moses
3 Muli Kyule, age 40, male; Tirus Muraguri Macharia, age
4 unavailable, male; Dennis Evans Radcliffe Madegwa, age 47,
5 male; Francis Watoro Maina, age 34, male; Linda Ndindi Jackson
6 Maingi, age unavailable, female; Fred Yafes Maloba, age
7 unavailable, male; Cecelia Mamboleo, age 36, female; James
8 Otieno Masea, age 33, male; Anne Nyambura Mathenge, age
9 unavailable, female; James Migwi Mathenge, age 53, male; Pity
10 Mwihaki Mathenge, age 35, female; Simon Peter Ngumo Matu, age
11 30, male; Daniel Mutinda Maundu, age 44, male; June Mary
12 Maweu, age 58, female; Lydia Mukiri Mayaka, age 41, female;
13 Allan Sabato Mbandu, age 20, male; Doreen N. Mbayaki, age 22,
14 female; Pamela Mboya, age 29, female; Rachael Kebendi Mboya,
15 age 30, female; Francis Ndungu Mbugua, age 51, male; Lucy
16 Waruthi Mbunja, age unavailable, female; Stephen Waweru Mburu,
17 age 29, male; Catherine Mukeithi Mibere, age 38, female;
18 Elizabeth Anyango Mito, age 37, female; Ahmed Warku Mohammed,
19 age 27, male; Edward Mokaya, age 35, male; Lucian Mugambi, age
20 unavailable, male; Sharon Wangechi Mugo, age 19, female;
21 Josephat Mutua Muia, age 22, female; Emmanuel Mujyambere, age
22 40, male; Samuel Vondo Mulalya, age 28, male; Francis Mukenye
23 Mulehi, age 25, male; Edward Mwea Mungai, age 26, male; John
24 Amos Mungai, age 48, male; Domi Munzala, age 24, male; Tommy
25 Nkurume Munzala, age 25, male; Caroline Mumbi Muraguri, age
1965
1 unavailable, female; Fiddes Wambui Muritu, age 33, female;
2 Alice Waruguru Muriuki, age 20, female; Mary Wanjiku Muriuki,
3 age unavailable, female; Robert Mwigwi Muriuki, age
4 unavailable, male; Dominic Kithuva Musyoka, age 52, male;
5 Wilson Kipkorir Mutahi, age 33, female; Florence Mwende
6 Muthama, age 32, female; Josephine Nzilani Mutinda, age 28,
7 female; Emmanuel Nyagah Mutiira, age unavailable, male;
8 Catherine Ndoome Mutua, age 24, female; Patrick Kariuki Mutui,
9 age unavailable, male; Caroline Karumba Mutuiri, age 17,
10 female; Gloria Nkatha Mutuiri, age 16, female; Gabriel
11 Mwadime, age 26, male; Harrison Njuguna Mwangi, age 56, male;
12 Roselyn Wanjiku Mwangi, age 36, female; Samuel Githua Mwangi,
13 age 33, male; Moses Aston Mwani, age 50, male; Anna Mwaniki,
14 age 48, female; Isaac Mukera Mwaria, age 66, male; Abdalla
15 Musyoka Mwili Mwilu, age 38, male; Elizabeth Nyarosto Nakhale,
16 age 50, female; Geoffrey Moses Namai, age 42, male; Moses
17 Andika Namayi, age 29, male; Mary Nyaguthi Ndirangu, age 28,
18 female; Simon Kinuthia Ndirangu, age 38, male; Caroline Atieno
19 Ndolo, age unavailable, female; Martin Kivathe Nduati, age 28,
20 male; Julius Ndulu, age 28, male; Edwin Paul Ndumbi, age 24,
21 male; Peter Njoroge Ndungu, age 44, male; Ephraim Kingori
22 Ndunu, age 27, male; Joyce Njeri Ng'Ang'a, age 19, female;
23 Loice Njeri Nganga, 23, female; John Mwangi Ngaragari, age 35,
24 male; Peter Kabau Macharia Ngugi, age 31, male; Jacinta Njoki
25 Njau, age 29, female; Simon Mwangi Njiima, age unavailable,
1966
1 male; Abel Mutegi Njiru, age 37, male; Agatha Ann Njoki, age
2 27, female; Catherine Wambara Njoroge, age 41, female; Francis
3 Ndungu Njoroge, age 48, male; Grace Nyambura Njoroge, age 53,
4 male; William Waithaka Njoroge, age 29, male; Francis Kibe
5 Njuguna, age 51, male; Godfrey Muchori Njuguna, 31, male;
6 Patrick Mbiyu Njuguna, age 29, male; Francis Mbogo Njuige, age
7 49, male; Michael Oduor Nyademba, age 34, male; Vincent Kamau
8 Nyoike, age 53, male; Janet Ndumi Nzioka, age 24, female;
9 Johnson Kimeu Nzioka, age 35, male; Magdaline Mbithe Nzoka,
10 age 22, female; Joseph Ngove Nzwili, age unavailable, male;
11 Aineah Joshua Obonyo, age 32, male; Frederick Ezra Ochieng,
12 age 27, male; Francis Olewe Ochito, age 35, male; Lawrence
13 Olum Ochola, age 29, male; Duncan Odhiambo, age unavailable,
14 male; John Oduor Odhiambo, age 33, male; Patricia Atieno Ogol,
15 age 38, female; Maurice Okatch Ogola, age 50, male; Michael
16 Ochieng Okeyo, age 30, male; Simon Otieno Olang, age 35, male;
17 Dominic Otieno Olango, age 32, male; Lepeine Kitatian Olotono,
18 age 54, female; Hanson Nyabera Omar, age 31, male; Margaret
19 Atieno Ombunya, age unavailable, female; Edwin Opiyo Omori,
20 age 47, male; Enoch Omweno, age 42, male; Lucy Grace Onono,
21 age 48, female; Evans Kibiro Onsongo, age 35, male; Eric Abuor
22 Onyango, age 32, male; John Ouko Onyango, age 31, male;
23 Caroline Sella Opati, age 47, female; Sylvia Oriedo, age 35,
24 female; Godfrey Okuro Orono, age 33, male; Elizabeth Achieng
25 Orwa, age 30, female; Joseph Ondari Osamba, age 50, male;
1967
1 Elias Otieno Osir, age 32, male; Julius Ochieng Otieno, age
2 35, male; Mathews Walunya Otieno, age 54, male; Rogers Otolo,
3 age unavailable, male; Elijah Ngito Owino, age 40, male;
4 Josiah Odero Owuor, age 35, male; Rachel Magasia Pussy, age
5 unavailable, female; Margaret Okello Rading, age 31, female;
6 Peter Evans Mugo Rungu, age 44, male; Ruth Mukami Rungu, age
7 20, female; Timothy Odhiambo Sande, age 31, male; Fahat
8 Sheikh, age 40, male; Hassan Jarso Soka, age 36, male;
9 Shadrack Nyagah Thitu, age 35, male; Samuel Mbugua Thuo, age
10 36, male; Phaedra Vrontamis, age 51, female; Gloria Wangechi
11 Wachira, age 27, female; Shadrack Mwangi Wagaiyu, age 54,
12 male; James Mwangi Wainaina, age 47, male; Adams Titus Wamai,
13 age 53, male; Anne Mumbi Wambugu, age 44, female; John Gitau
14 Wamutwe, age 40, male; David Soita Wanabacha, age 30, male;
15 Margaret Wambui Wangethi, age 42, female; Gladys Wangui, age
16 33, female; Mercy Wanjiku, age 29, female; John Mwangi
17 Wanyoike, age 28, male; Margaret Wasike, age unavailable,
18 female; Sabina Wateri, age 46, female; Benson Wathigo, age 56,
19 male; Margaret Njeri Waweru, age unavailable, female; Ann Mumo
20 Zakayo, age 28, female.
21 "D. Between August 7 and August 14, 1998, Dr. Olumbe
22 also prepared death certificates for two individuals. These
23 persons were also determined to have been killed by injuries
24 resulting from a bombing. The bodies of these two individuals
25 were identified by family members to be the following persons:
1968
1 "Philip Munyao Kioko, age 52, male; Ruth Mukami
2 Musyoka, age unavailable, female.
3 "2. If equalled as a witness, Joyce Lapa would
4 testify as follows:
5 "A. She is a medical doctor who graduated from the
6 University of Florida with a Bachelor of Science in Nursing in
7 1976 and from the Duke University with a medical degree in
8 1982. Dr. Lapa was a Pathology Resident at the National Naval
9 Medical Center in Bethesda, Maryland from 1998 to 1992 and a
10 Forensic Pathology Resident at the Armed Forces Unit of
11 Pathology from 1992 to 1993. Dr. Lapa is a Diplomat in the
12 National Board of Medical Examiners and is certified by the
13 American Board of Pathology. Since 1995, Dr. Lapa has been
14 the Chief Deputy Medical Examiner at the Armed Forces Unit of
15 Pathology in Rockville, Maryland. Dr. Lapa performs autopsies
16 to determine the cause of death. In her experience as a
17 medical examiner, Dr. Lapa has examined persons who were
18 killed by explosive devices.
19 "B. Between August 12 and August 14, 1998, Dr. Lapa
20 was asked to perform or supervise autopsies on 11 individuals
21 at the Dover Port Mortuary, Dover, Delaware. In summary, all
22 of the persons listed below were determined to have been
23 killed by injuries resulting from a bombing.
24 "C. The bodies examined by Dr. Lapa were identified
25 by family members as the following individuals:
1969
1 "Jesse Nathaniel Aliganga, age 21, male; Julian
2 Leotis Bartley, Jr., age 27, male; Julian Leotis Bartley, Sr.,
3 age 54, male; Molly H. Hardy, age 51, female; Kenneth Ray
4 Hobson, age 27, male; Prabhi Gutpara Kavaler, age 45, female;
5 Arlene Bradley Kirk, age 50, female; Mary Louise Martin, age
6 45, female; Ann Michelle O'Connor, age 37, female; Sherry Lynn
7 Olds, age 40, female; Uttamlal Thomas Shah, age 37, male.
8 "23. All 213 individuals listed in paragraphs 1 and
9 2 above were found within, or in the vicinity of, the United
10 States Embassy, located at Moi Avenue and Haile Selassie
11 Avenue, Nairobi, Kenya, and the neighboring buildings and
12 grounds during the late morning of August 7, 1998 or during
13 later rescue and recovery operations at the scene.
14 "4. If called to testify as a witness, other doctors
15 from Nairobi, Kenya would testify that approximately 4,000
16 persons who were in the vicinity of the American Embassy in
17 Nairobi, Kenya, during the morning of August 7, 1998 were
18 injured as a result of a large explosion.
19 "It is further stipulated and agreed that this
20 stipulation may be received in evidence as a government
21 exhibit at trial."
22 And the government at this point would offer the
23 stipulation as Government Exhibit 39.
24 THE COURT: Received.
25 (Government Exhibit 39 received in evidence)
1970
1 MR. BUTLER: Agent Gaudin is the next witness.
2 THE COURT: We'll take our lunch break at this point
3 and we are adjourned until 2:15.
4 (Luncheon recess)
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1971
1 A F T E R N O O N S E S S I O N
2 2:15 p.m.
3 (In open court; jury not present)
4 THE COURT: All right. Let's be seated. All right.
5 The witness may come in and the jury may come in.
6 (Jury present)
7 THE COURT: The government may call its next witness.
8 MR. BUTLER: Government calls Stephen Gaudin, your
9 Honor.
10 STEPHEN GAUDIN,
11 called as a witness by the government,
12 having been duly sworn, testified as follows:
13 DIRECT EXAMINATION
14 BY MR. BUTLER:
15 Q. How are you employed?
16 A. I'm employed by the FBI.
17 Q. And how long have you been an agent with the FBI?
18 A. I've been with the FBI a little over nine years.
19 Q. And where are you currently assigned?
20 A. I'm currently assigned to the New York office of the FBI.
21 Q. How long have you been with the New York office of the
22 FBI?
23 A. I've been with the New York office of the FBI for a little
24 over three years.
25 Q. Where were you assigned before the New York office?
1972
1 A. Prior to coming to New York I was assigned with the FBI in
2 upstate New York in Albany, New York.
3 Q. In any unit or section while you were in Albany?
4 A. While in Albany I worked on general crimes.
5 Q. Concerning your time in Albany, did you conduct facility
6 interviews of suspects in criminal investigations?
7 A. Yes, I did.
8 Q. And about how many times?
9 A. Dozens of times.
10 Q. Now, were you one of the FBI agents sent to Nairobi Kenya
11 after the bombing of the American embassy on August 7, 1998?
12 A. Yes, I was.
13 Q. When did you arrive in Nairobi?
14 A. I arrived in Nairobi on early Sunday morning, August 9,
15 1998.
16 Q. Prior to your arrival what was your understanding of your
17 assignment while you were in Kenya?
18 A. Prior to arriving in Kenya I wasn't given a specific
19 assignment but just general instructions that we were going to
20 Kenya to help out with the investigation of the bombing in any
21 way we could.
22 Q. I'm talking specifically about what you did after arriving
23 in Kenya. Did you receive an assignment on August 12, 1998?
24 A. Yes, I did.
25 Q. And what was that assignment?
1973
1 A. On August 12th I was instructed to go with my Kenyan law
2 enforcement counterpart there is the CID, the investigators
3 from their Criminal Investigation Division. I was to go with
4 them to a hotel.
5 Q. And were you working with the Kenyan CID in this
6 investigation?
7 A. Yes, I was.
8 Q. Where was this hotel you were going to located?
9 A. It was in Eastleigh Nairobi.
10 Q. And where is Eastleigh located?
11 A. It was about a twenty or thirty minute drive outside of
12 Nairobi.
13 Q. And who was with you?
14 A. I was with another FBI agent and a New York City Police
15 detective who was working with us, also.
16 Q. And who else was with you?
17 A. There were two Kenyan CID officers and their driver.
18 Q. And how did you get to Eastleigh that day?
19 A. We drove. We were in the back of a truck.
20 Q. And who drove the truck?
21 A. The Kenyan CID driver drove the truck.
22 Q. Where were you located?
23 A. I was in the back of the truck. It was a covered truck
24 sort of like a pickup truck with a big cab on the back.
25 Q. Did there come a time when you arrived at the Iftin Lodge
1974
1 in Eastleigh?
2 A. Yes, there was.
3 Q. About what time was that?
4 A. It was around 10 o'clock in the morning that day.
5 Q. And what happened when you arrived at the Iftin Lodge?
6 A. The CID investigators went into the hotel and they came
7 out with a man.
8 Q. And at the time that you were in the truck could you see
9 the man that the CID officers were with?
10 A. Yes, I could. I was in the back of the truck, but it was
11 pretty hot, so we had the door open and I could see the CID
12 officers talking to this man. I was very close.
13 Q. At the time could you see if this person had any documents
14 on him?
15 A. Yes. This man was, had presented a white slip of paper of
16 some kind to the Kenyan CID officers.
17 Q. And did you see that white slip of paper?
18 A. Yes, I did.
19 Q. What was it?
20 A. It was a hospital, what appeared to me to be a hospital
21 admissions card showing that someone was treated at the MP Sha
22 Hospital on August 7, 1998. It had a patient number written
23 on the top, printed on the top and a person's name Khalid
24 Saleh written in the handwritten form.
25 MR. BUTLER: Your Honor, may I approach?
1975
1 THE COURT: Yes.
2 Q. I'd like to show you what has been marked as Government
3 Exhibit 550 for identification. If we could just show that
4 just for identification purposes. Agent Gaudin, is this the
5 document that the individual who you saw in Eastleigh that day
6 had on him?
7 A. This is it right here in my hand.
8 MR. BUTLER: I move Government Exhibit 50350 into
9 evidence your Honor.
10 THE COURT: Received.
11 (Government's Exhibit 550 received in evidence)
12 Q. Now, was this person taken into custody?
13 A. Yes, he was.
14 Q. What was your understanding as to why this person was
15 arrested?
16 A. He was arrested by the Kenyan CID officers for not having
17 any official identification on him.
18 Q. And to be clear, who made that arrest?
19 A. The Kenyan CID officers made that arrest.
20 Q. And after the arrest where was he placed?
21 A. He was put into the back of the truck with me.
22 Q. And once inside the truck did this person confirm that he
23 was Khalid Saleh?
24 A. Yes, he did.
25 Q. And did he tell you where he was from?
1976
1 A. He said he was Yemen.
2 Q. Looking around the courtroom do you recognize the
3 individual who identified himself as Khalid Saleh from Yemen
4 that day?
5 A. Yes, I can.
6 Q. Could you tell us where he is?
7 A. He's sitting right there in between the two ladies in the
8 corner. I can get up and point whatever is easier.
9 MR. COHN: We concede the identification.
10 THE COURT: The witness identifies the defendant
11 Al-'Owhali.
12 Q. Did you observe whether he had any injuries that day?
13 A. Yes, I could see that he did have injuries.
14 Q. What type of injuries did he have?
15 A. He had stitches on his forehead. They weren't covered
16 with a bandage or bandaid. I could see the stitches and both
17 of his hands had bandages on them.
18 Q. And did you take any pictures of him after his arrest?
19 A. Yes, we did.
20 MR. BUTLER: May I approach, your Honor?
21 THE COURT: Yes.
22 Q. Agent Gaudin, I just handed you what has been marked as
23 Government Exhibits 551 A through I for identification.
24 If we could just show those for identification
25 purposes. Are those copies of the photographs that you took
1977
1 that day?
2 A. Yes, these are.
3 MR. BUTLER: Your Honor, I would move Government
4 Exhibits 551 A through I into evidence.
5 MR. COHN: No objection.
6 THE COURT: Received.
7 (Government's Exhibits 551-A through I received in
8 evidence)
9 Q. If we could publish 551-A through I to the jury.
10 Agent Gaudin, do these photographs accurately depict
11 the injuries that you saw that day on Mr. Al-'Owhali?
12 A. Yes. Except in the fact that on his hand he doesn't have
13 the bandages on his hand, but at the time of arrest he did
14 have like a gauze with some bandaid or tape or something
15 covering those stitches on his hands. That's the only
16 difference.
17 Q. Now, Mr. Al-'Owhali obviously doesn't have a shirt on, but
18 did you notice whether the clothes that he was wearing were
19 the same clothes that he was wearing at the time of his
20 arrest?
21 A. Yes. In the first picture it does have his shirt on and,
22 yes, these were the clothes he was wearing on August 12th.
23 Q. Did there come a time when you took custody of those
24 clothes?
25 A. Yes, I did.
1978
1 Q. When did you take custody of those clothes?
2 A. On August 13th.
3 Q. Did the FBI maintain custody of those clothes?
4 A. Yes, they did.
5 MR. BUTLER: May I approach, your Honor?
6 THE COURT: Yes.
7 Q. Agent Gaudin, I've just handed you a bag that's been
8 marked Government Exhibits 552 through 556 for identification.
9 I would ask you just to open those bags and just take a look
10 at those clothes.
11 A. These are two paper bags I had put his clothes into. The
12 first bag, the belt --
13 Q. Don't show them to the jury yet. Look at those clothes to
14 yourself, Agent Gaudin, and tell us whether those