12 March 2001
Source: Digital file from the Court Reporters Office, Southern District of New York; (212) 805-0300.
This is the transcript of Day 16 of the trial, 12 March 2001.
See other transcripts: http://cryptome.org/usa-v-ubl-dt.htm
2228 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 2 ------------------------------x 3 UNITED STATES OF AMERICA 4 v. S(7)98CR1023 5 USAMA BIN LADEN, et al., 6 Defendants. 7 ------------------------------x 8 New York, N.Y. 9 March 12, 2001 9:45 a.m. 10 11 12 Before: 13 HON. LEONARD B. SAND, 14 District Judge 15 16 17 18 19 20 21 22 23 24 25 2229 1 APPEARANCES 2 MARY JO WHITE United States Attorney for the 3 Southern District of New York BY: PATRICK FITZGERALD 4 DAVID KELLEY KENNETH KARAS 5 PAUL BUTLER Assistant United States Attorneys 6 7 SAM A. SCHMIDT JOSHUA DRATEL 8 KRISTIAN K. LARSEN Attorneys for defendant Wadih El Hage 9 ANTHONY L. RICCO 10 EDWARD D. WILFORD CARL J. HERMAN 11 SANDRA A. BABCOCK Attorneys for defendant Mohamed Sadeek Odeh 12 FREDRICK H. COHN 13 DAVID P. BAUGH LAURA GASIOROWSKI 14 Attorneys for defendant Mohamed Rashed Daoud Al-'Owhali 15 DAVID STERN DAVID RUHNKE 16 Attorneys for defendant Khalfan Khamis Mohamed 17 18 (In open court; jury not present. 19 THE COURT: Good morning. Everybody be seated, 20 please. Are there any matters which should be addressed 21 before bringing in the jury? Any reason not to bring in the 22 in the jury? The witness is here? 23 MR. KARAS: Yes, Judge. 24 THE COURT: All right. Let's bring in the jury. 25 MR. RUHNKE: Your Honor, there is one question we'd 2230 1 like to ask the jury. There was publicity over the weekend 2 about another terrorist trial in the State of Washington and 3 we just ask your Honor if the jury read anything about a trial 4 in Washington or words to that effect. It mentioned Bin Laden 5 and in the interview it says Cole. There was a lot of 6 publicity about it over the weekend. They may not have seen 7 it as being this case. 8 THE COURT: All right. 9 MR. FITZGERALD: Your Honor, for purposes of clarity, 10 that trial is in California because the venue has shifted, but 11 it involves the State of Washington. 12 THE COURT: All right, West Coast. 13 MR. FITZGERALD: West of the Hudson. 14 DONALD SACHTLEBEN, resumed. 15 (Jury present) 16 THE COURT: Good morning, ladies and gentlemen. I 17 hope everybody had a pleasant weekend. Has anybody read or 18 seen anything in the media about this case? 19 I'm advised that there has been some coverage in the 20 media with respect to a case on the West Coast involving 21 alleged terrorists. Has anybody read or seen anything about 22 that? 23 (No response) 24 I would ask if you see the word terrorist or 25 terrorist trial or anything of that sort, regardless of 2231 1 whether it's this case or not, please avoid reading it. There 2 may be a lot of media attention given to matters allegedly 3 related to terrorists besides this case. Please just avoid it 4 all. 5 I want to also remind you that I've asked you not to 6 discuss the case even amongst yourselves. 7 Agent Sachtleben, the Court reminds that you your 8 still under oath. The government may proceed. 9 MR. KARAS: Thank you, your Honor. 10 DIRECT EXAMINATION (continued) 11 BY MR. KARAS: 12 Q. Good morning. 13 A. Good morning. 14 Q. Now, Agent Sachtleben, you recall describing last week the 15 process that was in place for the collection of items from the 16 crime scene near the embassy in Nairobi? 17 A. Yes, sir. 18 Q. Before those pieces were collected and brought back to the 19 United States, did you have a chance to review each piece? 20 A. Yes, sir, I did. 21 MR. KARAS: Your Honor, may I ask that Mr. Sachtleben 22 be allowed to step down? 23 THE COURT: Yes. 24 (Witness left stand) 25 Q. Now, Agent Sachtleben, if you could take a look at the 2232 1 pieces collected here on this middle table and begin with 2 Government Exhibit 830. If you can tell us what that is? 3 A. I recognize this piece here to be a portion of the fence 4 that was a security fence that was around the United States 5 embassy in Nairobi. 6 Q. Could you point on the model that's marked as Government 7 Exhibit 800 where that fence is? 8 A. The security fence on the model is represented by a, 9 they've done it on the model here, it's this clear plastic 10 fence. You can see that the modelmakers have actually drawn 11 some black lines on that clear plastic. The vertical black 12 lines represent these pieces of the fence. 13 Q. And could you describe for us what conclusions you drew 14 from your analysis of that piece? 15 A. Well, when I saw this at the scene in Nairobi or what I 16 recognized, first of all, was that this piece of metal had 17 gone through a significant impact by high explosive charge. 18 Q. What in particular led to you that conclusion? 19 A. Well, first of all, the shape. As you look at this piece, 20 this is a fairly heavy piece of metal, and I recognized again 21 that this is a piece of fence, and I saw that at the, on the 22 security fence in the areas that were not affected by the 23 explosion they were nice and straight. 24 This piece is twisted almost into a corkscrew 25 fashion. Then there is also a number of impact marks here 2233 1 which I recognize to be what I would call high explosive 2 effects. 3 Q. And is that piece damaged on both sides? 4 A. There is some damage on this side of the piece, but mostly 5 what I see on this side of the piece is where the explosive 6 effects have actually gone completely through the piece. So 7 the vast majority of the damage is on this side, which I 8 believe was facing the explosion. 9 Q. Thank you, Agent Sachtleben. If you want to put that 10 piece down. 11 If you could look at the piece that's marked as 12 Government Exhibit 833. Can you tell us what that is? 13 A. This is a portion of a what I would refer to as a bollard 14 or I guess more commonly you think of it as a post. These 15 were part of the security perimeter of the embassy in Nairobi. 16 Q. Again, if you could use the model and point out where 17 those bollard posts were? 18 A. The posts are these little short black pieces of doweling 19 that you see around the perimeter here of the embassy. 20 They're fairly similar to what you see around this courthouse 21 here out on the street. They're just maybe about two or three 22 feet high, made for some fairly heavy metal, and in Nairobi I 23 believe that these were also filled with concrete to make them 24 more resistant to say vehicles being driven up on to the 25 sidewalk around the embassy. 2234 1 Q. What can you tell us about the damage to that piece? 2 A. Well, first thing I noticed was again how it had been 3 almost crushed and flattened. That again tells me that this 4 was hit by a high explosive shock wave. Secondly, I can see 5 the what I would call here the pitting or cratering. I think 6 on Thursday I may have referred to some of the effects from 7 high explosives. The hot gases and the hot particles of 8 unconsumed explosive will strike this at very high rate of 9 speed, and make these impact marks on the metal. There is 10 also some evidence of melting. 11 The temperature that we would typically see from a 12 large quantity of high explosives could be as high as five 13 thousand degrees, and when something like this is very close 14 to that amount of explosives, when they detonate, you can 15 actually get a little bit of this melting along the edges 16 here. 17 Q. Now, with respect to the item marked Government Exhibit 18 838 which I believe is right in front of you there. 19 A. Yes, it is. 20 Q. If you can tell us what that is? 21 A. I recognize this piece to be a fragment, that is a portion 22 of a pistol slide. This is, on a pistol this is the portion 23 that rests along the top and houses the barrel and the 24 chamber. 25 Q. What can you tell us about the damage to that piece? 2235 1 A. Well first of all, it's not intact. That is there should 2 be more to it. So there's almost a half of this pistol slide 3 that's missing. Secondly, it's twisted somewhat like this 4 piece was twisted, and there are a couple of impact marks on 5 it. I would say that this piece had been very close to a very 6 large explosion. 7 MR. KARAS: Your Honor, may we share this piece with 8 the jury? 9 THE COURT: Yes. 10 Q. If you could just hand it up to Juror No. 1 at the end 11 there. Thank you, Agent Sachtleben. 12 Now, the other pieces that are on this table and for 13 the record marked as Government Exhibits 829, 831, 832, and 14 834 through 837, can you just generally tell us what those 15 pieces are? 16 A. Generally what we have on the table here with the 17 exception of one piece which is Government's 831, these are 18 portions of the embassy security fence that are similar to the 19 item that I described previously which is government's 830. 20 Government's 831 would appear to me to be another portion of 21 the bollard posts. 22 Q. Now, Agent Sachtleben, did you also find that there were 23 what appeared to be vehicle parts in the vicinity of the 24 American Embassy? 25 A. Yes, I did. 2236 1 Q. And if you could go to the table to your left there, and 2 if you could begin with Government Exhibit 821. It should be 3 on the left part. Yes. If you could describe that piece for 4 us? 5 A. Government Exhibit 821 here I recognize this to be the 6 portion, a portion of a frame of a truck. 7 Q. What can you tell us about the damage to that piece? 8 A. Well, first of all, this piece is, the frame of a vehicle 9 is one of the strongest parts of a vehicle from my experience, 10 and this piece here is almost completely folded over on 11 itself. There is quite a bit of corkscrewing or twisting of 12 the metal. To me these are all indications that this piece 13 was extremely close to a very large explosion. 14 Q. And with respect to Government Exhibits 816 and 817 if you 15 could tell us about the damage to those pieces and what they 16 are? 17 A. Okay. Government's 816 which is this piece here and 18 Government's 817 which is this piece here I recognize these to 19 be parts of the chassis of a truck and both of these parts 20 have been twisted, torn, pitted. Once again they appear to me 21 that they were in very close contact with a large quantity of 22 explosives that detonated. 23 Q. If you could take a look at Government Exhibit 815 which I 24 think is just to the right of where your hand is now, and if 25 you could tell us what that is? 2237 1 A. Government's 815 is again I recognize this to be 2 consistent with a portion of a frame of a truck and this piece 3 here has some of those same damage that I noticed on the other 4 pieces. 5 Q. Are there any markings on that piece? 6 A. Yes. On this piece I noticed that there was some letters 7 and a number that were stamped into the piece. 8 Q. For the record what is stamped in there? 9 A. I read the letters B as in Bravo, U as in Union, and the 10 number 6. 11 MR. KARAS: Your Honor, if we could have this piece 12 published to the jury as well? 13 THE COURT: Yes. 14 Q. Agent Sachtleben, if you could take a look at Government 15 Exhibits 822 and 823 and tell us what those are? 16 A. Collectively Government Exhibits 822 and 823 I recognize 17 these to be the fragments of a rear axle from a truck. 18 Q. Which piece do you have there in your hand? 19 A. I'm currently holding Government's 822. 20 Q. Now, with respect to Government Exhibit 823, can you tell 21 us about the damage to that piece? 22 A. Government's 823 when I saw this at the scene in Nairobi, 23 what I recognized here was a very directional type of damage. 24 That is, the metal that you see here, this is the axle 25 portion, that is the part that drives the wheels, and there is 2238 1 a housing over it, there is a metal housing that contains like 2 the gears, that is the differential that turns the axle and 3 what you can see here is that the metal has actually been 4 pushed down against this heavy rod here, pushed apart, folded 5 over and in some cases actually partially melted. 6 This would indicate to me that an explosive shock 7 wave had hit this very directly and from a very close 8 distance. 9 Q. From which direction? 10 A. From above. 11 Q. Thank you. 12 Now, with respect to the remaining pieces on that 13 table, and for the record Government Exhibits 818, through 14 820, 824 through 828, if you could just tell us generally what 15 those pieces are? 16 A. The remaining pieces on this table here are portions of a 17 truck. They range from the additional pieces of the chassis 18 such as Government's 824 which I recognize to be a front axle, 19 to portions of the engine of a vehicle. 20 For example, this piece here which is Government's 21 825, this is a crankshaft which is found inside the engine 22 block of a vehicle. 23 Q. And with respect to Government's 826 if you could tell us 24 what that is and what the damage to that piece was? 25 A. Government's 826 is this piece right here. I recognize 2239 1 this piece to be part of the steering assembly of a vehicle. 2 It's commonly referred to as the Pitman arm. 3 Q. And can you tell us about the damage to that piece? 4 A. Well, damage to this piece, first of all, I know that 5 Pitman arms when they're manufactured are generally straight. 6 So that's the first thing is that there is definite twist to 7 this piece. Second thing is that there is explosive damage, 8 that is, that there is extensive cratering and pitting to this 9 one side of the piece here. 10 The other side is largely intact. There is very 11 little damage to this side here, but this side has almost the 12 entire length of it has explosive damage. 13 MR. KARAS: Thank you. If you would want to resume 14 the witness stand. 15 (Witness resumed stand) 16 Q. Agent Sachtleben, did you undertake efforts to determine 17 what identity of the vehicle that goes with the vehicle pieces 18 you just describe? 19 A. Yes, I did. 20 Q. And what did you do? 21 A. Well, in the first instance while we were in Nairobi I 22 contacted representatives of various vehicle manufacturers 23 that were in Nairobi. Basically I went to the service 24 departments of several different vehicle manufacturers and 25 asked them to come take a look at these parts. 2240 1 Q. And what else did you do? 2 A. From talking to the service representatives, a Toyota 3 representative thought that he recognized these as being 4 Toyota parts. So when I got back to the laboratory with these 5 pieces I made contact with Toyota Motor Corporation in Japan. 6 Q. And did you actually meet with Toyota officials in Japan? 7 A. Yes, I did. I went to Nagoya, Japan in 1999, February of 8 1999, and I toured the assembly plant and met with various 9 representatives from Toyota. 10 Q. And did a representative from Toyota come to the 11 laboratory in Washington and review these pieces? 12 A. Yes. On two occasions in both 1999 and 2000 an official 13 from Toyota Motor Corporation, a Mr. Miyage, came to my office 14 to the laboratory and together we went through all of these 15 pieces. 16 Q. Did you go through all of the pieces, all the vehicle 17 pieces seized or just these pieces in particular you talked 18 about? 19 A. Right, yes. I'm glad you pointed that out. We actually 20 went through over six hundred pieces together looking at every 21 piece of metal that we had brought back from the scene in 22 Nairobi. 23 Q. Can you tell us approximately how many of those six 24 hundred pieces that Mr. Miyage reviewed were identified as 25 being Toyota pieces? 2241 1 A. The total number was roughly 50 to 60 pieces that he could 2 say with some degree of certainty came from Toyota. There 3 were quite a few other pieces that appeared to him as being 4 Toyota in origin, but because of the damage to them he really 5 couldn't come up with a definite conclusion as to their 6 manufacturer. 7 MR. KARAS: Now, if we could just show to the witness 8 and to counsel, Government Exhibit 840, please. 9 Q. Agent Sachtleben, I ask you to take a look at the screen 10 there on the left and if you could tell us what that is? 11 A. This is a photograph that I had, that I directed be taken 12 and these pieces here are the pieces that Mr. Miyage 13 identified to me as being from a particular type of Toyota 14 truck. 15 Q. Are some of the pieces that you've testified about earlier 16 today included in that picture? 17 A. Yes, all the pieces that are here on the table are 18 represented in the photograph. 19 MR. KARAS: Your Honor, we offer Government Exhibit 20 840. 21 THE COURT: Received. 22 (Government's Exhibit 840 received in evidence) 23 Q. Now, Agent Sachtleben, based on your surveillance of the 24 vicinity of the embassy and your review of these pieces, did 25 you draw any conclusion about the type of explosive that was 2242 1 used in this bombing? 2 A. Yes. My conclusion was that a very large quantity of high 3 explosives had been detonated in the parking area behind the 4 embassy. 5 Q. And did you draw any conclusions about the identity of the 6 vehicle that was used to deliver that bomb? 7 A. Yes. Based on my observation of the pieces here and my 8 conversations and meetings with the Toyota Motor Corporation I 9 came to the conclusion that it was a Toyota truck that had 10 carried these explosives to the bomb site. 11 Q. And, in particular, the pieces that you testified about 12 earlier today, can you tell us the relationship between those 13 pieces and the bomb delivery vehicle? 14 A. These pieces here, in particular the ones that I held up 15 for the Court, were specifically identified to me as a 16 variant, that is a type of Toyota truck that's known as the 17 Dyna, and a model of Dyna truck, and Dyna is D-Y-N-A, a model 18 of Dyna truck that is known to Toyota as the MDGT variant. 19 Q. And can you tell us what it is about these pieces versus 20 some of the other six hundred that led you to conclude that 21 these pieces were from the bomb delivery vehicle? 22 A. Well, these particular pieces here, these were the pieces 23 that exhibited the most noticeable, the most obvious explosive 24 damage. That is, these pieces in my opinion were very close 25 to, if not immediately touching the explosive charge, to the 2243 1 exclusion of say a vehicle that could have been as close as 2 ten or 15 feet away. 3 Q. Agent Sachtleben, did you have a chance to review where 4 some of these pieces were originally found? 5 A. Yes, I did. 6 Q. And based on your review of those pieces and their origin, 7 did you reach any conclusions about the general orientation of 8 the delivery vehicle when the bomb was detonated? 9 A. Yes, I did. 10 MR. KARAS: If we could display Government Exhibit 11 802C. 12 Q. Now, Agent Sachtleben, the piece that was marked as 13 Government Exhibit 815 that had the BU6 on it, could you tell 14 us what type of piece that is? 15 A. That piece, the piece with the BU6 on it is the part of a 16 frame on a Toyota Dyna that is located in the right front 17 portion of the frame. 18 Q. I believe there is a pen-like object on the screen. If 19 you could make a mark where it was that that piece was found 20 of the right front part of the vehicle? 21 A. Yes, it was located approximately here (marking) which is 22 the Pioneer House. 23 Q. And that appears to be north, northwest of the US Embassy? 24 A. Yes, it is. 25 Q. And roughly northeast of where it is indicated the bomb 2244 1 crater is? 2 A. That's correct. 3 Q. Now, can you tell us about where the two axle pieces were 4 found, Government Exhibits 822 and 823? 5 A. The two axle pieces were located on the other side of the 6 Kenya railway station, roughly 750 or so yards away. That 7 area is not depicted on this diagram, but if I could, I could 8 indicate the direction in which it is. 9 Q. Please. 10 A. (Marking) Pardon my feeble attempt at an arrow there, but 11 that is the going in largely a southeasterly direction away 12 from the embassy and the bomb crater. 13 Q. Those are pieces that belong to the rear axle of the 14 delivery vehicle? 15 A. Yes, that's correct. 16 Q. Now, based on where these pieces were found can you draw 17 for us in the back parking lot the orientation or general 18 sense of where the delivery vehicle was facing when the bomb 19 was detonated? 20 A. All right. I will draw an arrow and the point of the 21 arrow will be the general direction that I believe the front 22 of the truck was facing. So I've drawn an arrow that is 23 pointed in a northwesterly direction. 24 Q. And is your conclusion based on a specific 90 degree angle 25 of the Ufundi House, or is there a margin within which the 2245 1 orientation of the vehicle was situated? 2 MR. BAUGH: Objection, leading. 3 THE COURT: Overruled. 4 A. There is a certainly a range of angle that the, vehicle 5 angle that the vehicle could be facing. I believe that that 6 range of angle forms in effect a cone, if you will. 7 Q. Thank you. No further questions. 8 THE COURT: Mr. Wilford. On behalf of the defendant 9 Odeh. 10 CROSS-EXAMINATION 11 MR. KARAS: Your Honor, if I could just offer as an 12 exhibit what is on the screen now as marked by Agent 13 Sachtleben 802C-D1. 14 THE COURT: Yes, received. 15 MR. KARAS: Thank you, your Honor. (Marked 16 Government Exhibit 802-D. 17 (Government's Exhibit 802-D1 received in evidence) 18 MR. BAUGH: Excuse me. Will the agent's mark also 19 appear permanent on the exhibit that is filed? 20 MR. KARAS: We will print it out. 21 MR. BAUGH: Thank you. 22 MR. WILFORD: May I inquire, your Honor? 23 Q. Yes. 24 BY MR. WILFORD: 25 Q. Good morning, Agent Sachtleben. Am I pronouncing your 2246 1 name correctly? 2 A. Yes, sir. 3 Q. How you doing? 4 A. Very good, thank you. 5 Q. Now, when you conduct an investigation of an bomb crime 6 screen you'd like to have as uncontaminated an area as 7 possible, isn't that correct? 8 A. If we can, but unfortunately the nature of bombing scenes 9 makes that very difficult. 10 Q. But you want to get in as quickly as possible before 11 people move too much stuff around without some direction from 12 you and members of your team, isn't that correct? 13 A. Certainly. 14 Q. For example, when you investigated the Oklahoma City 15 bombing you were there rather quickly, or at least members of 16 your team were there rather quickly, isn't that correct? 17 A. That's correct. 18 Q. And when were you the team leader for the World Trade 19 Center bombing members of your team were there rather quickly, 20 isn't that correct? 21 A. That's correct. 22 Q. When we say rather quickly, we mean within minutes to 23 hours, isn't that correct? 24 A. Hours certainly, yes. 25 Q. Now, with respect to the bombing of the embassy in Kenya 2247 1 you didn't arrive until August 9th; is that correct, at about 2 2:30 in the morning, right? 3 A. That's right. 4 Q. You didn't do anything when you got there 2:30 in the 5 morning in terms of investigating, did you? 6 A. I did not. 7 Q. So you didn't start doing anything until about 7, 8 8 o'clock in the morning, right? 9 A. That's right. 10 Q. So you were already almost two full days time elapsed 11 before you got to commence your particular supervision of any 12 investigation related to the recovery of materials, isn't that 13 correct? 14 A. My supervision, that's correct. Of course there were 15 other people there before me. 16 Q. Well, who was there first? 17 A. Our legal attache, that is the agent who's assigned to the 18 FBI office in South Africa. I believe he arrived on the 19 afternoon of August 7th. 20 Q. But he's not a bomb expert, right? 21 A. I don't know his background. I know that he has had some 22 training in investigation like all FBI agents. 23 Q. I'm sure. But you are an expert in bombs and being able 24 to make determinations with respect to where you recover 25 stuff, isn't that correct? 2248 1 A. That's correct. 2 Q. He doesn't have the same qualifications you do, isn't that 3 correct? 4 A. That's correct. 5 Q. That's why they flew you over to Kenya because you have 6 this expertise, right? 7 A. Yes, sir. 8 Q. So until you got there no one was really conducting the 9 investigation from the same particular perspective of 10 expertise that you have, isn't that correct? 11 A. Perhaps with my depth of knowledge, but there were other 12 FBI personnel that were on the scene who had knowledge of 13 bombing investigations. 14 Q. Well, is it a fact that when you flew over you came over 15 with a whole team of experts? 16 A. I came over actually with a very small crew. The team 17 followed behind me, maybe by about eight hours or so. 18 Q. But all of the experts were being flown in, isn't that 19 correct? 20 A. Yes, for the most part, yes. 21 Q. Is it also true that you couldn't go close to the embassy 22 itself because the rescue and recovery operations were still 23 going on when you arrived and you said I believe on direct 24 that you started on a very far away perimeter and worked your 25 way in, isn't that correct? 2249 1 A. I actually went on to the rubble pile the day I arrived. 2 I looked at that, surveyed it and then directed personnel to 3 other locations. 4 Q. Took pictures of it? 5 A. I did not personally take pictures of it, but photographs 6 were being taken. 7 Q. Were you directing people at that point in terms of the 8 rescue and recovery operation as to perhaps putting rubble 9 that they moved in a particular place or was that not a 10 concern at all? 11 A. My concern was to stay out of their way, let them do their 12 job and be there to observe. 13 Q. Now, when you -- withdrawn. When there is in fact a 14 rescue operation, rescue-recovery operation, as you said, the 15 rubble is just being tossed around, right? 16 A. Yes. 17 Q. And things are being tossed around and there may be some 18 particular items which you would make a conclusion on that had 19 been moved that you didn't particularly find in the place 20 where they were, isn't that a fact? 21 A. That's correct. 22 Q. Now, I want to talk with you for a moment if I might about 23 the explosive device and the placement of it. 24 Is there a parking garage that goes underneath the 25 embassy? 2250 1 A. Yes, there is. 2 Q. And if you wanted to, for lack of a better word, blow up 3 the embassy itself, would you put this truck or bomb delivery 4 vehicle, whatever it may have been, underneath the embassy? 5 Wouldn't that have been optimum effect in terms of 6 blowing up the embassy? 7 A. That's a tough call, because it's going to depend very 8 much on the way the embassy was constructed and whether when 9 you put it in that garage if you put it at a point where it 10 would actually cause the structural supports to collapse. It 11 may or may not. 12 Q. Well, in the World Trade Center case, the bomb was placed 13 under the garage, under the World Trade Center, isn't that 14 correct? 15 A. Actually not under the World Trade Center, the bomb was 16 placed in the garage under the Vista Hotel. 17 Q. And it was an attempt to get under the World Trade Center 18 to effect the structural -- 19 MR. KARAS: Objection. 20 THE COURT: Sustained. 21 Q. Sir, in this particular instance in your examination of 22 the embassy, if the bomb had been placed under the embassy 23 would that have any impact on the structure? 24 A. It may have. The embassy was built from extremely sturdy 25 construction and my observation, I'm certainly not an 2251 1 architect or an engineer, but my observation from seeing other 2 bombed-out buildings is that that embassy probably would have 3 withstood a fairly good sized blast without collapsing. 4 Q. When you say a fairly good sized blast one of the 5 magnitude of this one? 6 A. Possibly. 7 Q. But you can't say with any certainty, can you? 8 A. Oh, certainly not. That's just my estimation. 9 Q. Would be fair to say, sir, that if the bomb had actually 10 been placed under the embassy as opposed to on the south end 11 of it that the damage to the embassy itself would have been 12 greater than suffered in this particular damage? 13 A. That's possible. That one is pretty difficult to 14 speculate because, again, it's going to depend on where it 15 exactly is within the building. 16 Q. So you have no way of telling whether or not it would have 17 been greater or not? 18 A. I don't have any magic formula for that one, sir, no. 19 Q. Now, when you went through this recovery process with all 20 the items that are now on the table before the jury, that was 21 done with an intent to try to determine what type of explosive 22 was used, is that correct? 23 A. Not so much the type of explosive, because generically 24 we're just looking to classify it as say a low explosive 25 versus a high explosive, but as to the particular type of 2252 1 explosive, that's almost impossible to do, just from 2 observation. 3 Q. Well, I didn't mean just from observation. You collected 4 these items and in fact sent them back to the FBI lab so some 5 further forensic analysis could be done, isn't that correct? 6 A. But the type of forensic analysis that we did on these 7 pieces was not to identify the type of explosive used. 8 Q. Well, are you aware of whether or not any findings were 9 made as to the type of explosives? 10 A. I am aware that there were findings made to the type of 11 explosive. 12 Q. Sir, could you tell the jury what TNT is? 13 A. TNT is trinitrotoluene. It is a type of high explosive. 14 Q. And what forms does TNT come in? 15 A. TNT is generally manufactured by a casting process. That 16 is raw materials are mixed together, heated up until they're 17 form kind of a liquid slurry, soupy kind of a mixture and then 18 that material can be poured into molds and cast into blocks. 19 Q. Can TNT be ground up? 20 A. Certainly. 21 Q. What happens when it's ground up? 22 A. When it's ground up it becomes more of a powdery granular 23 type of material, but it retains most of its explosive power. 24 Q. That doesn't have the impact inn the manner in which the 25 explosive device will be utilized, does it? 2253 1 A. It could. When you start to grind up material, high 2 explosive, in particular high explosives need a particular 3 density for them to work. If you grind something up and make 4 it into too fine a powder, you can actually decrease the 5 sensitivity of it. 6 Q. And isn't it a fact that when the TNT is ground up that it 7 is dispersed into the air and it can get on clothing and other 8 objects that are in close proximity? 9 A. Certainly. 10 Q. Now, could you tell the jury what PETN is? 11 A. PETN is another type of high explosive. I probably have 12 to go back to my reference book to give you the exact spelling 13 of what the PETN stands for, but suffice it to say it is 14 another variant of high explosives. 15 Q. It's different from TNT? 16 A. Yes, it is. 17 Q. Now, C4, what is that, sir? 18 A. C4 is the designation that the United States government 19 has given to a type of plastic explosive. 20 Q. It's not a chemical explosive, is it? It's just a plastic 21 explosive, isn't that correct? 22 A. Well, all explosives are made from chemicals so certainly 23 C4 is made from a particular type of high explosive. It's a 24 type of high explosive. The main component is an explosive 25 called RDX. 2254 1 Q. The plastic explosives are they used in the detonation 2 devices? 3 A. Plastic explosives can be used like any other explosive. 4 The reason they're called plastic is because there is some 5 materials put into them known as plasticizers, that is it make 6 them pliable. It's kind of like Silly Putty is how it looks 7 and so you can mold it somewhat. 8 Q. Now, Agent Sachtleben, when the collection and evidence 9 gathering was going on were you aware that the Israelis also 10 had people involved in collection and gathering of evidence 11 with respect to the embassy bombing? 12 A. I don't know about gathering evidence. There was an 13 Israeli urban search and rescue team there. That is there was 14 a group of Israelis who had come down to assist the Kenyans in 15 the rescue of the wounded from the you Ufundi House. 16 Q. Are you aware, sir, that the Israelis conducted their own 17 analysis forensic analysis of materials recovered from the 18 bomb scene? 19 A. Yes, I'm aware that they took away some samples from the 20 scene. 21 Q. Did they share that information with you? 22 A. I've seen a report, yes. 23 Q. And are you aware of the results of the Israeli forensic 24 examination? 25 A. Yes. Generally I'm aware of it, yes. 2255 1 Q. Would you -- and you're also aware of the results of the 2 FBI forensic examination, isn't that correct? 3 A. Certainly. 4 Q. Are those results the same? 5 A. They're not exactly the same, no. 6 Q. Now, sir, when a high explosive device is detonated and 7 you have this explosion would it be fair to say that the 8 explosive material is dispersed and dissipated, it's not going 9 to remain in a large clump, isn't that correct? 10 A. Well, the explosive material isn't necessarily dissipated. 11 What happens during a detonation is that a solid material is 12 chemically changed from that solid into a gas, so that there 13 is actually a molecular change that takes place. Some times 14 material does not react. That is the explosive material 15 doesn't change into the gas. That material is sometimes 16 projected away from the explosion site. 17 Q. But in the recovery process then in this particular case 18 the items that you recovered they didn't have large amounts of 19 explosive material on them, did they? 20 A. I'm not aware that any of these items that are here had 21 any explosive material found on them. 22 Q. They just in fact gave an indication that some charring 23 and pitting had occurred to indicate that it was in fact an 24 explosion? 25 A. Yes. What I looked at was the physical characteristics, 2256 1 that is the appearance and the changes that I observed from 2 what I knew they looked like in their original states and from 3 what they looked like when I saw them at the crime scene. 4 Q. When you were conducting your investigation you also had 5 agents who were particularly assigned to do swabbing of 6 particular material, isn't that correct? 7 A. That's correct. 8 Q. And that swabbing was in fact to gather material to see 9 whether or not there were any traces of explosive devices in 10 that material that they were swabbing, isn't that correct? 11 A. That is correct. 12 Q. And would it be fair to say that that swabbing would not 13 reveal large amount of explosive devices, but what we call or 14 where you would call in your expertise a trace amount, is that 15 correct? 16 A. That is correct. 17 Q. Could you explain to the jury what a trace amount is? 18 A. Well, when an explosive reacts, when it changes from the 19 solid to the gaseous state it leaves very minute in some cases 20 microscopic particles of the chemicals that make up an 21 explosive. Those particles will actually adhere to other 22 surfaces. Very often they don't adhere to the pieces that are 23 the closest to the explosion because of almost a scouring 24 effect that you have on those pieces of metal there. 25 We typically fine those particles away from the scene 2257 1 where they've had a chance to kind of slow down if you will 2 and grab on to things. 3 Q. Because the whole process is that in order to change from 4 a solid to a gas gets heated up and the molecule starts moving 5 very fast, is that correct? 6 A. That's correct. 7 Q. And when it hits something it slows down the momentum and 8 maybe will convert back to a solid or adhere to that 9 particular surface, right? 10 A. That's right. 11 Q. Now, sir, how minuscule can the FBI or forensic analysis 12 go in terms of determining what you described as trace 13 evidence? How small can it go? 14 A. I'd have to probably defer to the chemists to give you 15 exact numbers. I'm aware that it is an extremely small 16 amount. It is certainly smaller than what could be seen with 17 the naked eye, and really we're talking microscopic levels. 18 Q. Even, and a high powered microscope at that, isn't that 19 correct? 20 A. Certainly. 21 Q. Now, sir, the items that are on this table that you 22 described as being from the truck, do those items contain the 23 entirety of the truck parts that you found? 24 A. Oh, no, this is a fairly small number of pieces 25 representative I have what we found. 2258 1 Q. Did you during the course of your investigation recover 2 parts of the truck that would allow you to associate them with 3 the cab of the truck? 4 A. Cab. I'm not -- perhaps you could define that a little 5 more closely? 6 Q. Okay. The cab would be the area where the person who is 7 driving the truck is. 8 A. Okay. Well, I found pieces that were identified to me as 9 for example the brake pedal which I would associate with the 10 cab of the vehicle. 11 (Continued on next page) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2259 1 Q. Where did you find the brake pedal? 2 A. I would have to look -- well, my recollection of the brake 3 pedal was that it was located -- in fact, I think it might be 4 on that table if I am not mistaken. It was located in what we 5 termed the rubble pile. 6 MR. WILFORD: Can we have 802-CDS up again, please. 7 Q. Agent Sachtleben, looking at that particular exhibit, 8 could you demonstrate for the jury where it was that you 9 recovered the brake pedal? 10 A. The best I am going to be able to do is give you the 11 general area of the rubble pile, but I must caution you and 12 say that I have to review the evidence tag on that piece to 13 say in fact that it was from the rubble pile. That is my 14 recollection at this point. 15 MR. WILFORD: Your Honor, with the court's 16 permission, can Agent Sachtleben step down and come to the 17 table? 18 THE COURT: Yes. Agent, tell us the exhibit number. 19 THE WITNESS: Yes, sir. I am referring here to 20 Government's Exhibit 818. This piece here was identified for 21 me as the brake pedal, and the location -- and I was mistaken 22 in my recollection. The location was not the rubble pile. 23 Generator building of American Embassy. 24 Q. Could you return to the witness stand and indicate on 25 802C-DS where that is. 2260 1 Are you OK? 2 A. Yes. The hazards of testifying. 3 If I may be permitted to mark on this. 4 MR. WILFORD: As long as the government has no 5 objection. 6 THE COURT: Go ahead. 7 A. I am going to circle -- this is a building that on this 8 diagram is not labeled, but my recollection is that that 9 square, if you will, is the generator house. 10 Q. This area right here on the exhibit? 11 A. Yes, sir. 12 Q. The container portion of the truck, Agent, did you find 13 any pieces of the container portion of the truck? 14 A. If you are referring to, say, the sheetmetal or the wood 15 or whatever form the rear area of the truck? 16 Q. Yes. 17 A. Not to my knowledge, no. 18 Q. None whatsoever? 19 A. None that could be identified as such. We certainly found 20 fragments of wood and sheetmetal, but none that we could say 21 to any degree of certainty came from this particular Toyota 22 truck. 23 Q. When you were discussing previously with Mr. Karas the 24 location for your estimation of the location of the vehicle, 25 you said that there was a range that it could have been in; is 2261 1 that correct? 2 A. Yes. 3 Q. Would you be kind enough to exhibit that range by drawing 4 it. 5 A. Certainly. What I am drawing is a curved line, and I will 6 put at either line an airhead -- I am attempting to put an 7 airhead -- to indicate that generally that swing could 8 represent the orientation of the vehicle. 9 Q. Of the vehicle? 10 A. Of the truck, yes. The rear end of the truck could very 11 well have been oriented to the either left as you are looking 12 at the diagram or right of that curved line with the airheads. 13 MR. WILFORD: Thank you. No further questions. 14 THE COURT: Mr. Baugh on behalf of the defendant 15 Al-'Owhali. 16 MR. BAUGH: Just a few. 17 CROSS-EXAMINATION 18 BY MR. BAUGH: 19 Q. Good morning, sir. 20 A. Good morning. 21 Q. The Ufundi House collapsed? 22 A. Yes, sir. 23 Q. And the American Embassy did not? 24 A. No, sir, it did not. 25 Q. Did you notice something in the difference of the 2262 1 construction that caused that to occur? 2 A. Again, I am not an architect or engineer but it appeared 3 to me that perhaps the American Embassy had some greater 4 substance to it. 5 Q. When you say substance, did you notice a difference in the 6 amount of reinforcement? 7 A. I never actually saw any of the internal structure of the 8 American Embassy because it was largely intact. 9 Q. What is over-pressure, by the way? 10 A. Over-pressure is the shock wave that is produced in an 11 explosion. If you wanted to perhaps visualize it, if you can 12 think of when you drop a pebble in a pond and you see those 13 ripples that come off when the pebble strikes the pond, that 14 is a kind of visualization of the pressure waves that come off 15 an explosion. 16 Q. Do the pressure waves come in all speeds from all 17 directions or can they be affected by being, for instance, 18 behind the cab of a truck? 19 A. The effect would be negligible based on that quantity of 20 explosives. 21 Q. To destroy the embassy, would it be better to put the 22 device as close to the embassy as possible? 23 A. Certainly. 24 Q. Under the embassy would have been the optimum place to 25 destroy the embassy? 2263 1 A. I don't think I am qualified to judge that. It is 2 possible but there are so many variables that I couldn't say 3 for certain. 4 Q. If the device had been situated under the American 5 Embassy, within these walls contained around here, would that 6 have lessened the damage to these other buildings? 7 A. It could have. 8 Q. Would it have been foreseeable to you, for instance, that 9 if the bomb was placed underneath the embassy, the Ufundi 10 House could have collapsed? Would that have been conceivable? 11 A. It would be possible but perhaps less likely. 12 Q. Would it minimize damage to others, placing the bomb under 13 the embassy? 14 A. Define others. 15 Q. Other than Americans. If you wanted to protect the lives 16 of Kenyans in these other buildings, the Cooperative House and 17 the Ufundi House, would the best place to have place a device 18 been within the walls of the embassy? 19 A. I don't know about the Kenyans in the American Embassy but 20 perhaps the people outside. 21 Q. But it would have helped these people in the other 22 buildings? 23 A. Possibly. 24 Q. Based on what you could observe of the three structures 25 here, would you say that the U.S. Embassy was a more durable 2264 1 building? Better made? 2 A. It held up better than the Ufundi House, and the damage to 3 the Cooperative Bank was similar. 4 THE COURT: Similar to the embassy? 5 THE WITNESS: Yes, sir, similar to the embassy. 6 Q. So the people in the U.S. Embassy would have been better 7 protected than the people outside the building and the people 8 in these other buildings? 9 A. Perhaps -- see if I can break that question down. 10 Q. Would the people inside the embassy building have been 11 better protected than the people standing outside? 12 A. Based on what scenario? 13 Q. The size of the explosion and where it was situated. 14 A. Yes, the people in the embassy were perhaps better 15 protected against, say, collapse but not against blast 16 pressure and the effect of breaking glass. 17 Q. In your training and experience, were you surprised to see 18 that the Ufundi building collapsed entirely? 19 A. Not particularly. Again, I am not an engineer so I can't 20 necessarily say what caused that building to collapse. 21 Q. Didn't you evaluate that in determining the size of the 22 device? 23 A. No, other than just coming to the conclusion that there 24 was a large quantity of explosives present in the parking lot 25 behind the embassy. 2265 1 Q. And the damage from this bomb would have radiated equally 2 in all directions? 3 A. Yes, sir. 4 MR. BAUGH: Thank you. 5 THE COURT: Anything further of this witness? 6 MR. WILFORD: Your Honor, I do have a question based 7 on the questioning. 8 THE COURT: Yes. 9 MR. WILFORD: Your Honor, I just need one second. 10 Your Honor, may I approach the witness with a blank piece of 11 paper? 12 THE COURT: Yes. 13 MR. WILFORD: Which we will mark Odeh AA for 14 identification. 15 CROSS-EXAMINATION 16 BY MR. WILFORD: 17 Q. With the court's permission, I would ask that Agent 18 Sachtleben draw a diagram of the pebble effect that he was 19 discussing with Mr. Baugh. Could you be kind enough to start 20 in the center of the page, Agent. 21 A. Certainly. 22 Q. Thank you. 23 A. What I will do is assume that this entire sheet of paper 24 would perhaps be representative of a pond, and I will draw a 25 circle in the center, put an X in it, and that would represent 2266 1 the pebble dropping into the pond. 2 Now I am going to draw the best I can a series of 3 circles around that, and for simplicity I will just do five, 4 and then I am going to draw some arrows in four directions, 5 leading away from the pebble in the center, if you will. 6 MR. WILFORD: Your Honor, I would ask if the 7 government has an objection to this item coming in. 8 MR. KARAS: No objection. 9 MR. WILFORD: I am offering it in. I would also like 10 to have it published to the jury. 11 THE COURT: It may be published. 12 MR. WILFORD: Subsequent to the publication, I have 13 no further questions. 14 MR. BAUGH: Nothing further. 15 THE COURT: Odeh AA. 16 (Defendant's Exhibit Odeh AA received in evidence) 17 MR. KARAS: Just one question, your Honor. 18 REDIRECT EXAMINATION 19 BY MR. KARAS: 20 Q. Agent Sachtleben, the shock waves you described, can they 21 bounce off those structures and sort of shock back, as it 22 were? 23 A. Yes. Perhaps if I could use one other brief analogy to 24 illustrate that. This, of course, what you see on the screen 25 here, is to the ripple effect. The only problem with this 2267 1 analogy is that we all think of the ripples of a pebble as 2 kind of benign. They gently go off and dissipate at the end. 3 Perhaps if you thought of it more as a billiard table and you 4 think about the rack, the triangle, the billiard balls, and 5 when you pack them very tightly together and you strike the 6 cue ball and the cue ball goes into that triangle and hits it 7 with some force, and those balls are broken apart and go off 8 in all directions, if you do it hard enough and you have a big 9 enough person doing this, they can come off with a great deal 10 of violence, and when they come to the rail of the tables, 11 they bounce and come back and strike each other again. That's 12 what is happening when you take the quantity of explosives, 13 you hit it with a shock wave and break that explosive apart 14 and release its energy. 15 So yes, this diagram here does show just the ripples 16 coming above but what it doesn't show is when they strike the 17 side of a building and bounce back into where the bomb is 18 located, now you have the force going in almost every 19 conceivable direction depending on the angles surrounding it. 20 MR. KARAS: Thank you. No further questions. 21 MR. WILFORD: Judge? 22 THE COURT: Yes. 23 RECROSS-EXAMINATION 24 BY MR. WILFORD: 25 Q. Agent Sachtleben, you are absolutely correct, the shock 2268 1 waves will bounce back, correct? 2 A. Yes. 3 Q. But we are talking about the point of ignition. When the 4 explosive device is ignited, when it first occurs, that is 5 what you are talking about from a pebble being dropped in the 6 stream and it goes out, expands in all directions. 7 A. Yes. It releases from the point of detonation. It may 8 not be the center. From where the explosives are detonated 9 the energy releases and goes out in a 360-degree pattern. 10 MR. WILFORD: Thank you very much. 11 THE COURT: Thank you, Agent. You may step down. 12 (Witness excused) 13 MR. KARAS: Your Honor, the government calls Junichi 14 Myagi. 15 JUNICHI MYAGI, 16 called as a witness by the government, 17 having been duly sworn, testified as follows: 18 (Eugene Nakada was duly sworn as the Japanese 19 interpreter) 20 DIRECT EXAMINATION 21 BY MR. KARAS: 22 Q. Good morning, sir. Can you tell us a little about your 23 education. 24 A. In 1966 I graduated from the University of Yamanashi. 25 Q. What did you study there? 2269 1 A. I studied mechanical engineering. 2 Q. Where did you first begin to work after you graduated from 3 the University of Yamanashi? 4 A. Immediately I was employed by the Toyota Motor 5 Corporation. 6 Q. That is in 1966? 7 A. Yes. 8 Q. For how long did you work for Toyota? 9 A. It has been about 32 years. 10 Q. Where do you work currently? 11 A. This January, I retired as the general manager, one of the 12 general managers, at the Toyota Motor Corporation. Since then 13 I was employed by the subsidiary of Toyota called Araco, where 14 I am general manager of the research and engineering 15 department. 16 Q. What type of work does Araco do? What type of business it 17 is it? 18 A. The Araco Company designs the body of Toyota vehicles that 19 are mounted on a Toyota chassis and frame. We also 20 manufacture the seats installed in the Toyota vehicles. 21 Q. While you worked for the Toyota Corporation, what did you 22 do? 23 A. As soon as I joined the Toyota Corporation, my job was to 24 design, I was assigned to the designing section of the Toyota 25 Dyna company. 2270 1 Q. What type of vehicle is a Toyota Dyna? 2 A. It's, roughly speaking, a 2-ton truck. 3 Q. Between 1966 and 2000, can you tell us about some of the 4 positions you have held within the Toyota company. 5 A. When I first started working I was designing part of the 6 Dyna. By 1975 I was the assistant manager in charge of the 7 overall design of the chassis and frame of the Dyna. 8 Q. Can you tell us -- I am sorry, go ahead. 9 A. By 1985 I was the manager in charge of the overall design 10 of the Dyna frame, plus five other vehicles of the Toyota 11 Corporation. In 1983, I became the manager and I was in 12 charge of the designing of Toyota Dyna as well as five other 13 vehicles. In 1991, I became the general manager responsible 14 for the designing of the frame and chassis of 10 vehicles, 15 including the Toyota Dyna. 16 Q. Can you tell us what exactly a chassis is. 17 A. A chassis is, using a human body as an example, it would 18 be like our leg. 19 Q. What function does it serve for the vehicle? 20 A. It enables the vehicle to be anal to able to run, stop, 21 turn, and that type of function. 22 Q. Can you give us some examples of what are considered 23 chassis parts? 24 A. Front axle, rear axle, steering mechanism, and the frame. 25 Q. Can you tell us what a frame is. 2271 1 A. It's the component that supports these chassis. 2 Q. Mr. Miyagi, are you familiar with a Dyna model known as an 3 MDGT? 4 A. Yes, I am aware of it. 5 Q. Did Toyota start to produce that model before or after you 6 began working for Toyota? 7 A. It is after I started work for Toyota. 8 Q. What role did you have in the production of the MDGT? 9 A. I was responsible for the designing of its chassis. 10 Q. Can you tell us what the M stands for within MDGT? 11 A. M refers to the manual transmission. 12 Q. What about the D? 13 A. It's the type of vehicle referring to -- the D stands for 14 deluxe. 15 Q. And the G? 16 A. It indicates that the truck bed is at a low level and that 17 it is lined with wood. 18 Q. It's a flat bed? 19 A. It's flat, yes. 20 Q. Finally, can you tell us what the T means. 21 A. It refers to the rear tire. It means that on one side 22 there are two wheels, so on the rear there would be a total of 23 four tires. 24 Q. Can you distinguish between the cab and the bed? 25 A. A cab is where the driver and his assistant would be 2272 1 sitting. It's that compartment. The bed would be where the 2 load is carried. 3 Q. In the mid-1980's, Mr. Myagi, can you tell us how much the 4 average MDGT weighed? 5 A. The vehicle itself weighed two tons. With a load it would 6 weigh four tons. 7 Q. Can you tell us in the mid-1980's how long the truck bed 8 was of the MDGT? 9 A. About 3,100 millimeters. 10 Q. Does that translate into approximately 3 meters? 11 A. That's right. 12 Q. Mr. Miyagi, did there come a time that you were asked to 13 go to Washington, D.C. and meet with officials from the FBI? 14 A. Yes, I met them. 15 Q. Do you remember when, approximately, that was? 16 A. The first time it was in June 1999. The second time was 17 also in June, year 2000. 18 Q. What did you do when you went to the FBI? 19 A. I extracted -- there were many parts laying around. From 20 there, my job was to identify and extract what belonged to a 21 Dyna. 22 Q. Were you able to find parts that you identified as being 23 from a Dyna? 24 A. Yes, I was able to. 25 Q. Can you tell us whether or not you were able to identify 2273 1 parts that were unique to an MDGT model of a Dyna? 2 A. Yes, there were. 3 MR. KARAS: If we could display Government's Exhibit 4 380, please, which is already in evidence. 5 Q. Mr. Myagi, if you could look to the screen there to your 6 left. 7 A. Yes. 8 Q. Do you recognize what is on the screen? 9 A. This is the Dyna parts that were identified among other 10 others, and were displayed. 11 Q. Can you tell us on which side of the picture are what 12 would have been front pieces of the Dyna appear. 13 A. It's on the right side. 14 Q. And the rear pieces? 15 A. It's aligned on the left side of the screen. 16 Q. Mr. Myagi, when you were involved in the design of the 17 chassis parts, were you also involved in the creation of 18 blueprints or diagrams of these parts? 19 A. Yes, I took part. 20 Q. Mr. Myagi, I would like to have you shown what has been 21 marked as Government's Exhibit 841A through 841F. Take a 22 moment to review each one. 23 A. Yes, I have recognized these. 24 Q. If you want to take a look at all of them and then I will 25 ask you some questions. 2274 1 A. Yes. Yes. Yes. Yes. 2 Q. Mr. Myagi, can you tell us what those exhibits are? 3 A. Those are the design drawings of parts of the Dyna. 4 Q. Does your name appear on those design drawings? 5 A. Yes, I see my signature. 6 Q. Are they fair and accurate depictions of the design 7 drawings that you participated in creating? 8 A. It's the same thing. 9 MR. KARAS: Your Honor, the government offers 10 Government's Exhibits 841A through 841F. 11 MR. WILFORD: No objection. 12 THE COURT: Received. 13 (Government's Exhibits 841A through 841F received in 14 evidence) kilo. 15 MR. KARAS: Your Honor, may I ask that Mr. Myagi be 16 asked to step down and approach the exhibit table? 17 THE COURT: Yes. 18 Q. Mr. Myagi, if you would like to put them on, there is a 19 pair of gloves there. Mr. Myagi, could you take a look at the 20 piece marked with little yellow stickers 816, which should be 21 towards the left side of the table. 22 A. Yes. 23 Q. Could you tell us what that part is. 24 A. This is a support assembly to support the rear spring 25 suspension on the rear. 2275 1 Q. Can you tell us whether or not that part is unique to the 2 Dyna MDGT model? 3 A. Yes. 4 Q. Did you help design that part? 5 A. Yes, I participated. 6 Q. And looking at the drawing that is marked as Government's 7 Exhibit 841A, if you could point to where that part appears, 8 on the diagram. The piece you just identified, is it on that 9 diagram? 10 A. This portion is drawn right in. This portion is right 11 there. 12 Q. Referring to the lower left-hand corner of the diagram. 13 A. This portion is reflected. 14 Q. If you could take a look at the piece marked as 15 Government's Exhibit 817, which should be near the piece you 16 just picked up. 17 A. Yes, I found it. 18 Q. Can you tell us what that piece is. 19 A. It's part of a support bracket that supports the spring 20 suspension assembly. 21 Q. Did you help design that piece? 22 A. Yes, I participated. 23 Q. If you could look at the diagram marked as 841B and point 24 to where that appears on the diagram. 25 A. Yes, it's reflected there. 2276 1 Q. By the way, does your name appear on that diagram marked 2 as 841B? 3 A. Yes, that's where it is written. 4 Q. Down at the bottom right, for the record. 5 A. Yes. 6 Q. Mr. Myagi, if you could put that piece down, and just 7 point to Government's Exhibits 822 and 823. I think 823 is 8 just to the right of the piece you just had. 9 A. Yes, I see. 10 Q. Can you tell us what those are. 11 A. This is portion of the Toyota Dyna rear axle assembly. 12 Q. Can you tell us whether or not those pieces are unique to 13 the MDGT model? 14 A. Yes. 15 Q. What is the distinguishing characteristic of those pieces 16 among the other Dyna rear axle pieces? 17 A. As you can see, this has only four holes to mount the 18 part. All others will have six holes to mount. 19 Q. Did you help design the rear axle piece for the MDGT? 20 A. Yes. It's my design. 21 Q. And if you look at the diagram that is marked as 841C, can 22 you point to the four holes in the diagram. 23 A. Yes. 24 Q. If you could just point to where they are on the diagram. 25 A. The four holes here are reflected there. 2277 1 Q. Mr. Myagi, if you could take a look at what is marked 2 Government's Exhibit 821, just to the right of the axles. 3 A. I found it. 4 Q. Can you tell us what that piece is. 5 A. This is part of a Toyota Dyna frame, the rear portion. 6 Q. Is that piece unique to the MDGT? 7 A. Yes. 8 Q. Does it appear on that diagram behind you? 9 A. Yes, it's drawn there. 10 Q. Which, for the record, is marked as 841D. 11 Mr. Myagi, could you take a look at the piece marked 12 as 815. What piece is that? 13 A. It is a fragment of the front portion of the Toyota frame, 14 Toyota Dyna frame. 15 Q. Can you tell us if it's the left or the right portion? 16 A. This belongs to the right side. 17 Q. How do you know that? 18 A. There is a frame number marked there. A frame number like 19 this is always stamped on the right side. 20 Q. Can you tell from the frame number if that's a Toyota Dyna 21 part? 22 A. Yes, I recognize. 23 Q. Just by your right hand there, if you could take a look at 24 the brake pedal marked as 818, and do you see the number 82 25 stamped on that part? 2278 1 A. Why, it's marked there. 2 Q. Can you tell us whether or not you recognize that as a 3 Dyna brake pedal? 4 A. It shows that it belongs to a Dyna with a right steering 5 wheel. 6 Q. And if you could take a look at what has been marked as 7 828, just by your right hand there. 8 A. Yes, I see. 9 Q. Can you tell us what that is? 10 A. This is part of a Toyota Dyna front axle. 11 Q. Is there anything about that part that tells you whether 12 that part was used in a right side or left side driver 13 vehicle? 14 A. On the vehicle it would be roughly in this position, and 15 facing the front, to my front would be the front. Therefore, 16 it can be said that this belongs to the right side. 17 Q. Are there any markings on that piece that tell you which 18 side the driver is on? 19 A. Yes. Here is stamped UR. 20 Q. Thank you. If you could take a look at what has been 21 marked as Government's Exhibit 826, which I believe is the 22 Pittman arm. Can you tell us what that part is used for. 23 A. It's attached to the steering gearbox. As the steering 24 wheel rotates, it moves back and forth. 25 Q. Could you, if you sort of face the table, show the jury 2279 1 how that piece is oriented, which is the front and which is 2 the back. 3 A. This is way up front of the vehicle. It's on the right 4 side. So the front of the vehicle will be in this way. 5 Q. Do you see any damage on that piece? 6 A. Yes, I see damage on that side. 7 Q. The side that you say you see damage on, which way would 8 that be facing? To the front of the truck or the back? 9 A. The vehicle when facing front, this would point to the 10 rear side of the front. 11 Q. Is that piece used in all Toyota Dyna trucks? 12 A. Just there is a letter P stamped right there. This 13 indicates that it is used only for power steering models. 14 Q. Do you see that part on the diagram marked as 841F? 15 A. That's the portion and that's where the letter P appears. 16 Q. Thank you. Do you see an engine block on that table? 17 A. I see one component that belongs to an engine. 18 Q. Can you tell us whether or not that type of engine block 19 was used in Toyota Dyna MDGT vehicles? 20 A. This is the component from a B type engine which is also 21 used in the -- 22 Q. In MDGT vehicles? 23 A. Yes, it is being used. 24 Q. And I believe for the record that is Government's Exhibit 25 825. 2280 1 MR. KARAS: I have no further questions. Mr. Myagi, 2 if you would like to resume the witness stand. 3 MR. RICCO: Judge, can he stay there? 4 THE COURT: Yes, certainly. Would you ask the 5 witness to go back to the table. Cross-examination by Mr. 6 Ricco on behalf of defendant Odeh. 7 CROSS-EXAMINATION 8 BY MR. RICCO: 9 Q. Good morning, sir. Many parts that we see here are of 10 cast iron; isn't that correct? 11 A. Cast iron is only a portion of the displayed items. 12 Q. Yes, sir. And other pieces are forged steel; isn't that 13 correct? 14 A. Yes. 15 Q. The cast iron is used in the undercarriage of the vehicle 16 so that it can withstand great weight; isn't that correct? 17 A. Although only cast iron part would be shown right there, 18 yes, cast iron materials are down there. 19 Q. And this would be Government's Exhibit 827. 20 A. Yes. 21 Q. And other pieces that are here are forged steel; isn't 22 that right? 23 A. Most appear to be that way but there are some which are 24 already excluded in a board form. 25 Q. These materials are used so that they can withstand great 2281 1 weight and pressure over a long time period? 2 A. Yes. 3 Q. The destruction that we see to these parts, for example, a 4 car accident could not have caused this type of destruction; 5 isn't that correct? 6 A. That's correct. 7 Q. This was caused from a powerful force; isn't that right? 8 A. That's what I figure. 9 Q. Right. To get the crankshaft out of an engine, out of an 10 engine block, takes a great amount of power and force; isn't 11 that correct? 12 A. That's correct. 13 Q. The bed area of the truck, the Toyota truck, doesn't have 14 a covering, right? 15 A. Could you explain that portion, the cover. 16 Q. The design of the truck has a flat bed which is made of 17 wood, right? 18 A. Yes. 19 Q. Is the flat bed area covered? 20 A. Some have covers, others don't. 21 Q. Are you able to tell us whether or not this vehicle had a 22 cover or not? 23 A. No, I am not able to. 24 Q. Because there were no parts recovered from the cover that 25 Toyota makes that is present here; isn't that right? I will 2282 1 rephrase the question. 2 Toyota makes some trucks with a cover, but those 3 covers are used with a different type of material than the 4 materials we see here on the table; isn't that right? 5 A. That is correct. 6 Q. What type of material is used for the cover on the Toyota 7 truck? 8 A. There are so many different types of cover that I am not 9 able to generalize. 10 Q. And I don't want you to. But certainly the covers are not 11 made from cast iron and the type of heavy material and metals 12 that we see here. 13 A. That's correct. 14 (Continued on next page) 15 16 17 18 19 20 21 22 23 24 25 2283 1 MR. RICCO: I have no further questions. Thank you 2 very much. 3 THE COURT: Anything further of this witness? Any 4 redirect? 5 MR. KARAS: No, your Honor. Thank you. 6 THE COURT: Thank you, sir. We will take our 7 mid-morning recess. 8 (Witness excused) 9 (Jury excused) 10 THE COURT: We will take a recess. 11 (Recess) 12 (Continued on next page) 13 (In open court; jury present) 14 THE COURT: Ladies and gentlemen, I understand you 15 had some questions and I got a message from the jury 16 commissioner, Mr. Rogers, saying that he will see you at lunch 17 tomorrow when he distributes checks and he will be able to 18 answer those questions. I don't know what they were, but they 19 are not forgotten. 20 The government may call it's next witness. 21 MR. BUTLER: Your Honor the government calls Said 22 Salim Omar. 23 SAID SALIM OMAR, 24 called as a witness by the government, 25 having been duly sworn, testified as follows: 2284 1 DIRECT EXAMINATION 2 BY MR. BUTLER: 3 Q. Mr. Omar, how old are you, sir? 4 A. I'm thirty-one years old. 5 Q. Where do you live? 6 A. In Mombasa, Kenya. 7 Q. And how are you employed? 8 A. I was employed in warehouse company in Mombasa. 9 Q. And when did you cease being employed in a warehouse 10 company in Mombasa? 11 A. Last year, December. 12 Q. And were you employed there in 1998? 13 A. I was employed there as from 1993. 14 Q. And also in 1998? 15 A. Up to 2000. 16 Q. Are you involved in any other businesses? 17 A. Of course. 18 Q. What other business are you involved in? 19 A. Poultry farming. 20 Q. Were you involved in your poultry farming business in 1998 21 as well? 22 A. As from 1996 to date. 23 Q. And did there come a time when you purchased a truck in 24 connection with your poultry business? 25 A. Of course, yes. 2285 1 Q. And do you recall what kind of truck that was? 2 A. Yes. 3 Q. What kind of truck was it? 4 A. It was a Toyota Dyna truck. 5 Q. Approximately when did you purchase that truck? 6 A. It was early 1998, approximately May. 7 Q. Who did you purchase that truck from? 8 A. From Acca Insurance Company based in Mombasa. 9 Q. And could you just describe the truck for us, please? For 10 example, what color was the truck? 11 A. It was a beige color. 12 Q. And what did the back of the truck look like? 13 A. It was an open body truck with an open sides. 14 Q. And was it a flat bed truck in the rear? 15 A. It was a flat bed truck. 16 Q. What was the bed made out of? 17 A. It was made of wooden base, and sides were made of metal 18 sheets. 19 Q. And how many tires were in the rear of the truck? 20 A. Four tiers. 21 Q. And how many tires were in the front of the truck? 22 A. Two tires. 23 Q. And what side of the truck was the steering wheel on? 24 A. Right-hand drive. 25 Q. And approximately how long was the bed of the truck? 2286 1 A. Not less than ten feet. 2 Q. Just explain to the jury briefly, if you can, what types 3 of documents are exchanged when somebody buys a truck in 4 Kenya? 5 A. You first make a document with the person the truck of 6 possessing it from you. Then they transfer from that the 7 person normally signs. The transfer form is normally taken to 8 the registration office in Nairobi to change ownership of the 9 truck to the person possessing the truck. 10 MR. BUTLER: Your Honor, may I approach? 11 THE COURT: Gentlemen. 12 Q. I put before you Mr. Omar what has been marked as 13 Government Exhibits 583 A through D. Do you recognize those 14 documents marked Government Exhibits 583 A through D? 15 A. Yes, I do. 16 Q. And what are Government Exhibits 583A through D? 17 A. First one is a sale document, the second one is an 18 insurance receipt and the third one is an inspection check 19 form. 20 Q. You've only listed three. Let's start first. What's 21 Government Exhibit 583A? 22 A. What's that? 23 Q. What is Government Exhibit 583A? 24 A. This one is a sale document. 25 Q. And what is Government Exhibit 583B? 2287 1 A. It's an insurance form, receipt. 2 Q. And what is Government Exhibit 583C? 3 A. An inspection form. 4 Q. And what is Government Exhibit 583D? 5 A. Sorry. I couldn't see it here. It's an inspection form. 6 Q. Were these documents something that you prepared in 7 connection with your purchase of the vehicle? 8 A. Yes. 9 MR. BUTLER: Your Honor, I offer Government Exhibits 10 583A through D at this time. 11 MR. WILFORD: No objection. 12 THE COURT: Received. 13 (Government's Exhibits Government Exhibits 583A 14 received in evidence) 15 MR. BUTLER: If we could just publish to the jury 16 Government Exhibit 583A, please. 17 Q. Now looking at Government Exhibit 583A what date is listed 18 as the purchase of the vehicle? 19 A. 18 May '98. 20 Q. Going down the page, what is the make of the vehicle 21 listed there? 22 A. It's a Toyota DYNA pickup. 23 Q. Is that consistent with your recollection of the truck 24 that you purchased in May? 25 A. Yes, sir. 2288 1 Q. Now, looking at the chassis number, could you read off the 2 chassis number for the jury there? 3 A. BU61-0001636. 4 Q. And what was the registration number of the vehicle? 5 A. KAG662B. 6 Q. And how much did you pay to purchase this vehicle? 7 A. 240,000 Kenya shillings. 8 Q. Tell me what did you use this vehicle for? 9 A. I used it to, since I am a poultry farmer I used to carry 10 the poultry feed from the manufacturing company to my farm. 11 Q. Did there come a time that you sold this truck? 12 A. Yes. 13 Q. And approximately when did you sell the truck? 14 A. Approximately one and a half to two months from the date I 15 purchased the truck. 16 Q. So that would put it sometime in late June or early July, 17 1998 approximately correct? 18 A. Yes. 19 Q. And who did you sell the truck to? 20 A. I sold it to Mr. Sheikh Ahmed Swedan. 21 Q. Who is Sheikh Ahmed Swedan? 22 A. He's a businessman in Mombasa. 23 Q. And did you know Mr. Sheikh Ahmed Swedan? 24 A. Yes. 25 Q. And how long did you know him for? 2289 1 A. I knew him for a long because he's just our neighbor. He 2 lives three blocks from my father's house. 3 Q. If we could just show the witness just for identification 4 Government Exhibit 123, please. 5 Do you recognize that photograph? 6 A. Yes. 7 Q. Who is depicted in that photograph? 8 A. Is Sheikh Ahmed Swedan. 9 MR. BUTLER: Your Honor, I would offer Government 10 Exhibit 123 at this time. 11 THE COURT: Yes. Received. 12 (Government's Exhibit 123 received in evidence) 13 MR. BUTLER: Your Honor, at this point I think the 14 parties would like it if the Court could read the stipulation 15 to the jury. 16 THE COURT: Yes. May I see counsel at the bench, 17 please. 18 (At the sidebar off the record) 19 THE COURT: Ladies and gentlemen, the parties have 20 stipulated that the Sheikh Ahmed Swedan referred to by Mr. 21 Omar in his testimony is not the Ahmed Sheikh associated with 22 Mercy International relief agency who is referred to by the 23 government witness L'Houssaine Kerchtou during his testimony. 24 The full name of the Ahmed Sheikh referred to by Mr. 25 Kherchtou is Ahmed Sheikh Adan, and he is known also as Ahmed 2290 1 Tawil. The real name of the Sheikh Ahmed Swedan referred to 2 Mr. Omar is Sheikh Ahmed Salim Swedan and is also known as 3 Sheikh Ahmed Swedan and Sheikh Bahamadi. 4 Q. Mr. Omar, I believe you testified that Ahmed Sheikh Swedan 5 was a businessman in the Mombasa, correct? 6 A. Yes. 7 Q. Do you know what business he was involved in? 8 A. Transportation. 9 Q. And when you say transportation, what would he transport? 10 A. He used to transport cargos from the Mombasa port to some 11 warehouses within Mombasa and sometimes up country. 12 Q. And what types of vehicles would he use to do that? 13 A. Long trucks, open vehicles. 14 Q. Did there come a time when Ahmed Sheikh Swedan appearance 15 changed from how you previously knew him? 16 A. Yes, from the picture we see here he appeared changed. 17 Q. How did he change? 18 A. This time when he came to me he had long beard. He put on 19 a Pakistan way of clothing and he looked so religious. 20 Q. And when were you first contacted by Ahmed Sheikh Swedan 21 about possibly selling the truck to him? 22 A. I cannot remember the date, but it was one afternoon where 23 we had just left for afternoon prayers about to go to the 24 office, he came to me and asked me if I would sell the truck 25 to him. 2291 1 Then I jokingly said that if you pay me $10,000 I can 2 sell the truck to you. I never expected that man to just 3 agree with the price so easily as he did. He just asked me to 4 give him the key. I gave him the key of the truck. He went 5 around one of the Mombasa streets to test the truck. Then he 6 came back to me and told me fine. He wanted to pay me the 7 $10,000, but I refused that $10,000. I then asked him if he 8 can pay that Kenya shilling. 9 Q. Approximately in 1998 approximately how many Kenyan 10 shillings was $10,000? 11 A. Approximately 550,000 Kenya shillings. 12 Q. Did Ahmed Sheikh Swedan talk to you about any 13 specifications that he needed for the truck? 14 A. Yes. He first asked me what weight the truck could carry. 15 I then told him I normally carry feed up to three tons to 16 three and a half tons. He then asked me if that weight on the 17 truck if the truck could climb mountains. I told him I live 18 in Kilifi where it's so mountainous and I do it easily 19 everyday. 20 Q. And did you eventually, did you agree to sell the truck to 21 Mr. Swedan at that time? 22 A. Yes. 23 Q. And how were you paid? 24 A. I was paid cash. 25 Q. Who actually paid the money to whom? 2292 1 A. Ahmed Swedan because he wanted to pay me in dollars. I 2 then refused that money in dollars since I'm not used to the 3 dollars currency. I feared that it could be a fake some sort 4 of fake dollars. So I told him to go and change that into 5 Kenya shillings and pay to my brother, because I was going to 6 report to duty. 7 Q. Now, did you ever fill out any of the paperwork connected 8 with the sale of the truck? 9 A. It was very late and I was in a hurry going back to the 10 office. So since Sheik just lives three blocks from my 11 father's house I told him I'm going to make this agreement in 12 my office, then we come and meet here in the evening so that 13 we can have this agreement signed together with a transfer 14 form so as to enable us to change the ownership of the truck. 15 Q. And did you give the keys to the truck to Sheikh Swedan? 16 A. Yes, he did take the keys. 17 Q. And did you ever see him again after that day? 18 A. Up to date I have never seen him. 19 Q. And did anyone ever come back to fill out the paperwork 20 for the sale of the truck? 21 A. No one. 22 Q. Now, did you see the truck again? 23 A. Yes, I saw the truck two days later parked in front of a 24 mosque where we normally pray. 25 Q. And what did the truck look like then? 2293 1 A. It was just as the same as I sold it to him. 2 Q. And did you see the truck again after that? 3 A. Yes. Few days later I saw the truck on my way to my farm. 4 I just came across the truck driving on my way of driving. 5 Q. And what did the truck look like at that time? 6 A. This time it looked different. 7 Q. How did it look different? 8 A. It was covered by metal sheets, covered fully behind, and 9 the body was about one and a half, one to one and a half feet 10 longer than the cabin. 11 Q. And so the entire back of the bed was covered now? 12 A. Totally covered. 13 Q. And when you say that the bed was bigger, was it higher or 14 wider? 15 A. It was higher, not wider. 16 Q. Now, did you have any contact with anybody from Ahmed 17 Sheikh Swedan's family after this sale of the truck? 18 A. Yes. Some days later his brother send his son to my 19 father to collect the log book. 20 Q. And what's the log book? 21 A. It's a legal document showing the ownership of the truck. 22 Q. And did that occur before or after the bombing of the 23 American Embassy in Nairobi? 24 A. That occurred few days after the bombing. 25 MR. BUTLER: No further questions, your Honor. 2294 1 MR. WILFORD: May I, your Honor? 2 THE COURT: Yes. Mr. Wilford on behalf of the 3 defendant Odeh. 4 CROSS-EXAMINATION 5 BY MR. WILFORD: 6 Q. Good afternoon, Mr. Omar. 7 A. Good afternoon. 8 Q. How are you, sir? 9 A. All right. 10 Q. Now, Mr. Omar, the truck that you were talking about when 11 you owned it in fact had holes in the bed so that a container 12 could be placed on it, isn't that correct? 13 A. It's a very small truck that cannot carry containers. 14 Q. No. Let me try to make myself clearer. 15 The third time you saw the truck you indicated that 16 it was completely enclosed the bed of the truck and that it 17 was about an inch or two higher than the cab, is that correct? 18 A. That's correct. 19 Q. Now, that covering that was over the bed, when you owned 20 the truck, the truck was equipped so that the covering could 21 be placed on the bed, isn't that correct? 22 A. No, that is not correct. 23 Q. So it was just flat? 24 A. It was a flat with some side short about one foot, that 25 short side. I had made some holes on those sides so as to 2295 1 have a metal frame cover. In case of rain I used to put a 2 tarpaulin to cover whatever I was carrying to my farm. 3 Q. So you yourself drilled in the holes so a covering of some 4 sort could be placed on it? 5 A. Yes, of the framework. 6 Q. And the covering that you saw on the third time you saw 7 the truck, after you sold it, you said it was metal? 8 A. Yes, metal. 9 Q. And there was no glass on it? 10 A. No. 11 Q. Did you see any doors on it? 12 A. No. From behind? 13 Q. Yes. 14 A. Yes, I saw some doors. 15 Q. You saw doors? 16 A. Yes, there are two shutters. 17 MR. WILFORD: Thank you. 18 THE COURT: Anything further of this witness? 19 MR. BUTLER: No, your Honor. 20 THE COURT: Thank you. You may step down. Thank 21 you. 22 (Witness excused) 23 MR. BUTLER: The government calls to Tamarra Ratemo 24 formerly Kipignor. 25 TAMARRA RATEMO, 2296 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. Ms. Ratemo, you're doing it so far, but I just remind you 6 if you keep your voice up and speak into the microphone so 7 everybody can hear you. Thank you. 8 Where are you from? 9 A. I'm from Kenya. 10 Q. And where do you live? 11 A. I live in Nairobi. 12 Q. And how are you employed? 13 A. I work for the public service. 14 Q. And what branch of the public service do you work for? 15 A. I am a senior officer in the real estate section. 16 Q. Do you also earn income by leasing out real estate in 17 Kenya? 18 A. Yes, I do. 19 Q. Are you familiar with a house known as number 43 Runda 20 Estates in Nairobi? 21 A. Yes. 22 Q. Do you own that property? 23 A. Yes. 24 Q. How long have you owned that property? 25 A. Just over ten years now. 2297 1 Q. And about how far from Nairobi is the property? 2 A. 15 kilometers. 3 MR. BUTLER: May I approach, your Honor? 4 THE COURT: Yes. 5 Q. I'd like to show you some photographs that have been 6 marked as Government Exhibits 567A through G, and I'll just 7 ask whether you recognize these photos. 8 A. Yes, I do. 9 Q. And what is depicted in those photographs? 10 A. Please repeat the question? 11 Q. What is depicted in those photographs? Are those 12 photographs of your house at 43? 13 A. Yes, is the front of the house. 14 Q. And each one of those photographs a fair and accurate 15 depiction of your house at 43 Runda Estates? 16 A. Yes. 17 MR. BUTLER: I offer Government Exhibits 567A through 18 G at this time, your Honor. 19 (Government's Exhibits 567A through G received in 20 evidence) 21 MR. BUTLER: If we could publish 567A to the jury, 22 please. 23 Q. What is shown in 567A, Ms. Ratemo? 24 A. The front of the house, the front entrance. 25 Q. If you could tell the jury just approximately how big is 2298 1 the house at 43 Runda Estates? 2 A. It's about ten rooms in all including the kitchen and the 3 garage. 4 Q. How many bedrooms does the house have? 5 A. Four bedrooms. 6 Q. Where is the garage located? 7 A. Just before the entrance. 8 Q. Is the garage attached to the building or is it detached 9 from the building? 10 A. Detached. 11 Q. Detached. What's around the outside of the house at 43 12 Runda Estates? 13 A. The front or the back? 14 Q. The front of the house. 15 A. The front is the garage to the left and then there is an 16 entrance on the front is the kitchen. 17 Q. Before you enter the grounds what's at the front of the 18 house? 19 A. The gate. 20 Q. Is there anything next to the gate? 21 A. There is a small security guard house. 22 Q. And is there anything that is next to the guard house? 23 A. The parking. 24 Q. Why don't we go to 567B. What is shown in 567B? 25 A. That's the lounge. 2299 1 Q. Why don't we go to 567C. What's shown in 567C? 2 A. That is the entrance gate from outside. 3 Q. And is there a wall attached to that gate? 4 A. Yes. The whole house is surrounded by a perimeter wall. 5 Q. What can you see from outside the perimeter wall? 6 A. On this picture -- 7 Q. Can you see into the house from outside the perimeter 8 wall? 9 A. No, not much. 10 Q. And where does the front of the house face in relationship 11 to the gate? 12 A. It's facing to the right. 13 Q. Is it on the same level as the gate or is it raised or 14 down from the gate? 15 A. It's slightly down. 16 Q. Why don't we go to 567D. What's shown in 567D, 17 Ms. Ratemo? 18 A. That is the back of the house showing the veranda from the 19 back. 20 Q. Let's go to 567E. What's shown in 567E? 21 A. That's the inside of the yard between the kitchen and the 22 domestic quarters. 23 Q. Is there, in the area inside is there like a courtyard 24 area? 25 A. Yeah, that's a courtyard. That's an open space between 2300 1 the domestic an the kitchen. 2 Q. Could we go to 567F, please. What's shown in 567F? 3 A. That's one view of the house from the back side behind, 4 from the garden side. 5 Q. Let's go to 567G. What's depicted in 567G? 6 A. Those are the two entrances of the garage. 7 MR. BUTLER: May I approach, your Honor? 8 THE COURT: Yes. 9 Q. I am going to show you what has been previously marked as 10 Government Exhibit 582. 11 I ask you to take a moment to look at 582, and I'll 12 ask you whether that is a fair and accurate sketch of the 13 layout of the ground floor of 43 Runda Estates? 14 A. That's correct. 15 MR. BUTLER: I would offer Government Exhibit 582 at 16 this time, your Honor. 17 THE COURT: Received. 18 (Government's Exhibit 582 received in evidence. 19 Q. If we could display Grand Jury Exhibit 582 to the jury. 20 Now, if you could just briefly describe maybe starting at the 21 garage area, what is depicted on this sketch? 22 As you go through the garage where do you go to next? 23 A. From the garage there is a door to the open yard and from 24 the yard you can enter directly to the kitchen. It's one door 25 there. And from the kitchen you can go through. There are 2301 1 two doors in the kitchen, one to go to one room called the 2 family room, and to the dining. Down the hallway there's 3 another door to the lounge. And then at the end of it to the 4 far right is the guest room. And then in the open yard to the 5 left there is two domestic servants. So the total there eight 6 rooms. 7 Q. The courtyard that you spoke about before, where is that 8 located on the sketch? 9 A. Sorry? The -- 10 Q. The courtyard that you identified before on the 11 photograph, where is that located on the sketch? 12 A. Between the double garage and the kitchen. 13 Q. And what is that area listed as on the diagram as the yard 14 area? 15 A. It's called a yard. 16 Q. Now, were you renting the property at 43 Runda Estates 17 back in early 1998? 18 A. Yes. 19 Q. In the beginning of 1998 who was your tenant? 20 A. There was a Mr. Bashir. 21 Q. And when did -- approximately when did Mr. Bashir begin 22 renting the house at 43 Runda Estates? 23 A. In mid '96. 24 Q. And directing your attention to about mid -- I'm sorry 25 withdrawn. 2302 1 Did there come a time when Mr. Bashir stopped being 2 your tenant? 3 A. Yes. 4 Q. And approximately when did that occur? 5 A. Mid-March. 6 Q. Of what year? 7 A. 1998. 8 Q. And was there a telephone in the premises at 43 Runda 9 Estates at this time? 10 A. Yes. 11 Q. What was the telephone number? 12 A. The number was 512430. 13 Q. Whose name was the telephone under at this time? 14 A. In the name of Mr. Bashir. 15 Q. Approximately how long had the phone been in the name of 16 Mr. Bashir? 17 A. About one year. 18 Q. When Mr. Bashir decided to end his tenancy what, if 19 anything, did you do about the telephone? 20 A. He went to the telephone company office and he wrote a 21 letter to transfer the number to my name. 22 Q. Approximately how long does it take for that to actually 23 happen after you request a telephone company to change it back 24 to your name? 25 A. About nine months. 2303 1 Q. And was that ultimately done? 2 A. By that time, no. 3 Q. Eventually did the phone go back to your name? 4 A. Yes, it did. 5 Q. About how long after you went to the phone company? 6 A. About nine months. 7 Q. Now, drawing your attention to April, 1998 did there come 8 a time when you were called by a potential tenant for 43 Runda 9 Estates? 10 A. Yes. 11 Q. And who called you? 12 A. There was a Mr. Fazul Abdullah. 13 Q. And was anybody else on the phone with you at that time? 14 A. Yes, there was Mr. Sikander. 15 Q. And had you ever spoken to these people before? 16 A. No. 17 Q. Could you tell us about your conversation with Mr. Fazhul 18 Abdallah and Mr. Sikander on that day? 19 A. They had seen the advert that the house was vacant so they 20 called, they expressed their interest that they wanted to rent 21 the house. 22 Q. And did you tell them how much it cost to rent the house 23 at that time? 24 A. Yes, I told them the amount, but they wanted to, they 25 thought it was too much. 2304 1 Q. How much were you charging to rent 43 Runda Estates at 2 that time? 3 A. I was charging about 55,000 Kenya shillings. 4 Q. Was that per month? 5 A. That's per month, yeah. 6 Q. And what happened after that conversation? 7 A. They said that they thought about it and call me again. 8 Q. Did you see them again? 9 A. They called again about three two to three days. 10 Q. Who called? 11 A. I think it was Mr. Sikander because of the language. 12 Q. You had difficulty communicating with -- 13 A. Fazhul could not, I couldn't understand him. 14 Q. And what was discussed during that telephone call? 15 A. That they had agreed to pay the amount that I requested, 16 50,000. 17 Q. And did you see them again after this telephone 18 conversation? 19 THE COURT: When you say "see again," had you seen 20 these people? 21 THE WITNESS: No, I hadn't. 22 Q. I'm sorry. Did you have any further contact with them 23 after this telephone conversation? 24 A. No. They called again. 25 Q. They called again? 2305 1 A. They were willing to take the house at that amount. They 2 this agreed on the phone 50,000. 3 Q. Just so we can be clear, you had your first telephone 4 conversation, correct? 5 A. Yes. 6 Q. And then you spoke with Fazhul and Sikander, correct? 7 A. Yes. 8 Q. And then you had a second telephone conversation, correct? 9 A. Yes. 10 Q. And was it during the second telephone conversation that 11 they agreed to pay the amount for the lease? 12 A. Yes. 13 Q. When is the next time that you had contact with Fazhul and 14 Mr. Sikander? 15 A. During that second telephone conversation we made an 16 appointment to meet at the house. 17 Q. And -- 18 A. This it was two, three days later or I don't remember 19 exactly. 20 Q. Did you eventually meet at the house? 21 A. Yes. 22 Q. And what happened at that meeting at the house? 23 A. I saw my prospective tenant, had asked them a few 24 questions, asked him a few questions, and we agreed that we 25 sign an agreement. 2306 1 Q. Did you sign the agreement at that meeting? 2 A. No. We made another appointment. 3 Q. And who did you understand was going to be the actual 4 tenant at 43 Runda Estates? 5 A. Mr. Fazhul. 6 Q. And how long did he want the lease for? 7 A. He wanted the house for a short length which was five to 8 six months. 9 Q. And was there any discussion of who would actually sign 10 the lease? 11 A. Yes. 12 Q. And who did you understand would actually sign the lease? 13 A. Mr. Sikander would. Mr. Fazhul told me Mr. Sikander would 14 sign the lease on his behalf because he was not a Kenya 15 citizen. 16 Q. And did Mr. Fazhul tell you anything about why he needed 17 such a large house? 18 A. Yes, he said he had a family and he had some business 19 people who would be coming to visit frequently. 20 Q. And what kind of business people? 21 A. He said the kind of people that are dealing with, they are 22 trading in gold and they would come from Dubai. 23 Q. I show you what has been admitted as Government Exhibit 24 110 into evidence. Do you recognize the person depicted in 25 that photograph? 2307 1 A. Yes. 2 Q. Who is that? 3 A. Mr. Fazhul Abdallah. 4 Q. Now, during this meeting at 43 Runda Estates did you, was 5 any money exchanged at that time? 6 A. No. 7 Q. And as a result of this meeting what did you do? 8 A. We made an agreement to meet, we agreed whereby the 9 agreement would be signed and they would pay. 10 Q. How long after that meeting at 43 Runda was the next 11 meeting supposed to take place? 12 A. It was within two to three days. 13 Q. Did that meeting occur? 14 A. Pardon me, please? 15 Q. Did you actually have that meeting? 16 A. Yes. 17 Q. Where did that meeting take place? 18 A. In my office. 19 Q. And who was at that meeting? 20 A. Mr. Sikander and Mr. Fazhul. 21 Q. And what took place at that meeting? 22 A. We signed the agreement and they paid 30 percent. 23 Q. And -- 24 A. Two months deposit and one months rent. 25 Q. And how were you paid? 2308 1 A. He paid in cash. 2 Q. And in what, Kenya shillings? 3 A. Yes, Kenya shillings, yes. 4 Q. And during the course of the tenancy who paid the rent? 5 A. Mr. Fazhul. 6 Q. And how did he pay you? 7 A. In cash. 8 Q. And was that normal for you to be paid in cash? 9 A. I would say yes. 10 Q. Did Mr. Bashir pay you in cash? 11 A. No. It was a company leased to the company, paid me by 12 check. 13 Q. And how did you receive your rent from Mr. Bashir? 14 A. Through a company check. 15 MR. BUTLER: One moment. 16 (Pause) 17 Can I approach, your Honor? 18 THE COURT: Yes. 19 Q. I show you what has been marked as Government Exhibit 568. 20 Do you recognize Government Exhibit 568? 21 A. Yes. 22 Q. What's Government Exhibit 568? 23 A. The agreement, the lease we signed. 24 Q. And if you turn to the last page of Government Exhibit 568 25 does your signature appear there? 2309 1 A. Yes. 2 Q. And does anyone else's signature appear there? 3 A. Mr. Sikander. 4 MR. BUTLER: I would offer Government Exhibit 568 at 5 this time, your Honor. 6 THE COURT: Received. 7 (Government's Exhibit 568 received in evidence) 8 Q. Now, on the day that the lease was signed did Mr. Fazhul 9 indicate when he would be moving in? 10 A. Indicated that he, he explained that he would move in 11 immediately. 12 Q. And when was, what was the term of the lease for? 13 A. Six months. 14 Q. And beginning when? 15 A. The first day of May, 1998. 16 Q. And did Mr. Fazhul mention anything that he needed to do 17 before he moved in? 18 A. Yes. He said he wanted to go to Sudan to get his family 19 to get his wife who needed to travel accompanied because of 20 religious reasons. 21 Q. Now, did there come a time when you had some dealings with 22 Mr. Fazhul regarding the telephone service at the house? 23 A. Yes. 24 Q. And what happened regarding the telephone service at the 25 house? 2310 1 A. There was a phone in the house but he had problems ringing 2 international. 3 Q. And why did he ever problems ringing internationally? 4 A. Because the international facility was not provided. 5 Q. What does somebody need to have in order to make an 6 international call in Kenya at that time in 1998? 7 A. You needed, one needed special permission. One needed to 8 prove that you are the owner of the phone, and a special 9 written permission from the telephone service company to be 10 given authority to overseas. 11 Q. Were you contacted by Mr. Fazhul about this problem? 12 A. Yes. 13 Q. And what did you do as the result of that contact that you 14 had from Mr. Fazhul about the problem with the international 15 calling? 16 A. I went, collected him at the house, went to the telephone 17 company office and authorized in writing to he be given that 18 facility. 19 Q. And approximately when did that occur? 20 A. About mid May. Yeah, about around the 20th something. 21 Q. And did Mr. Fazhul mention whether he had been able to 22 make any international calls prior to your visit to the phone 23 company? 24 A. Yes, he did. He said he had talked to the post office, 25 the local post office employee to allow him to call and -- 2311 1 Q. How long did Fazhul Abdallah actually stay at the house at 2 43 Runda Estates? 3 A. He stayed for three months. 4 Q. When did he leave the house at 43 Runda Estates? 5 A. He left on the 8th of August, '98. 6 Q. And how much contact did you have with him during this 7 period of time? 8 A. I had about three or four, we contacted him when he would 9 come to pay us, and then there was a visit to the house. 10 Q. Did there come a time when you met his wife and family? 11 A. Yes. 12 Q. When was that? 13 A. The first time I met the wife is when I went to fix the 14 phone, because I went to the house and picked him up. The 15 second is when they made an unexpected visit to my house. 16 Q. And when did that unexpected visit to your house occur? 17 A. Sometime in I think June, can't remember. 18 Q. And who came to your house? 19 A. Mr. Fazhul came to my house with the wife and two 20 children. 21 Q. And you had not been expecting him? 22 A. No, that is unexpected, and it was late at night, 8 23 o'clock, 8 p.m. 24 Q. Had you ever given him your home address before? 25 A. No. 2312 1 Q. And did you ever find out how he knew where your home 2 address was? 3 A. Yes, I did ask him how he came to know where I live and he 4 said he was just within the district. 5 Q. And did they come inside the house? 6 A. Yes. 7 Q. And what happened once they got inside the house? 8 A. When they came in to the house I opened the door. I led 9 them to the lounge we were watching television. And 10 apparently -- my brother was there -- and the wife was dressed 11 all in black including the eyes, and once she entered the 12 lounge, she had to run away because my brother was there. 13 Q. And was there some conversation about where Fazhul was 14 from during this visit? 15 A. Yes. My brother did ask him where he came from and he 16 said he came from Morocco, but according to my brother he 17 thought he came from Yemen. 18 Q. What did Fazhul do, if anything, when your brother said he 19 came from Yemen? 20 A. He was kind of caught in a surprise but he convinced him 21 he came from Morocco. 22 Q. Now, did you see what type of car Fazhul was driving 23 during the time of his visit to you? 24 A. Yes. 25 Q. And what type of car was that? 2313 1 A. He's driving a red car Mitsubishi old. 2 Q. How did you find out what kind of car he was driving? 3 A. This is because we escorted him out, I saw the car and in 4 my yard I have security lights so I was able to see. And he 5 couldn't start the car, so we had to help him to push, and 6 until the car started. 7 Q. And did you see him in that car on other occasions? 8 A. Yes. Noticed that the car was around when I went to the 9 telephone, the car was in the yard, in the yard at the house 10 in Runda. 11 Q. Now, did there come a time when you took a trip to Europe 12 during this period when Fazhul was renting the house at 43 13 Runda Estates? 14 A. Yes. Soon after we signed the agreement I traveled to 15 Europe around the 10th of March. 16 Q. Where did you go in Europe? 17 A. I went to London. 18 Q. And did you mention to Fazhul that you were going to 19 Europe? 20 A. Yes. 21 Q. And did he ask you for anything in connection with your 22 trip? 23 A. He asked me if I could buy him a computer part. 24 Q. And did he give you anything in connection with that? 25 A. He gave me a copy of that part, that item he wanted. 2314 1 THE COURT: I didn't get that. He asked you if you 2 would buy a what? 3 THE WITNESS: A computer part. 4 MR. BUTLER: May I approach, your Honor? 5 THE COURT: Yes. 6 Q. I show he you what has been previously marked as 7 Government Exhibit 586. Do you recognize Government Exhibit 8 586? 9 A. Yes, I do. 10 Q. What is that? 11 A. It's a copy of a Sharp adapter. 12 Q. How did you get that document? 13 A. He gave me the copy himself. 14 Q. Who gave that to you? 15 A. Mr. Fazhul. 16 MR. BUTLER: Offer Government Exhibit 586 at this 17 time, your Honor. 18 MR. BAUGH: No objection. 19 THE COURT: Received. 20 (Government's Exhibit 586 received in evidence) 21 Q. The handwriting that's on that document, whose handwriting 22 is that? 23 A. At the bottom of the photocopy that's the handwriting of 24 Mr. Fazhul. 25 Q. What does that handwriting say? 2315 1 A. He say is four pin. 2 Q. And the handwriting on the upper part of the document, 3 whose handwriting is that? 4 A. That's mine. 5 Q. What does that say? 6 A. Adapter. 7 Q. Do you recall what particular part Fazhul was looking for? 8 A. Pardon? 9 Q. Do you recall what particular computer part Mr. Fazhul was 10 asking you to get when you were in London everyone? 11 A. He told me it was an adapter for his computer. That's 12 what he told me. That's why I wrote it in my handwriting to 13 make sure, I get to know what it is. 14 Q. And did you actually pick up that item for him while you 15 were in Europe? 16 A. No. 17 Q. Now, do you recall the day that the United States Embassy 18 in Nairobi was bombed? 19 A. Yes, I do. 20 Q. And is there any particular reason why you remember that 21 day? 22 A. Yes. 23 Q. Why is that? 24 A. I lost a very close relative. 25 Q. And who was that? 2316 1 A. Brother-in-law. 2 Q. And where was he at the time of the bombing? 3 A. He was an employee of the American Embassy. 4 Q. And did you play any role in trying to determine what 5 happened to your brother-in-law during the day of the bombing? 6 A. Yes, I was communicating link because we were calling each 7 other every thirty minutes to get to know who is where and 8 what. 9 Q. And did there come a time on August 7, 1998 when you saw 10 Fazhul Abdallah? 11 A. Yes, he came to my house that night around 8 p.m. Nairobi 12 time. 13 Q. And was anyone with him? 14 A. Mr. Sikander was with him. 15 Q. What happened when Fazhul came to your house? 16 A. He came to tell me that he was vacating the house. 17 Q. And did he tell you why he was vacating the house? 18 A. Yes. He told me his father-in-law has been very ill, had 19 a terminal disease and therefore he have to go home. 20 Q. And what did you do after this meeting with Fazhul and 21 Sikander on August 7, 1998? 22 A. We made an appointment to meet at the house. 23 Q. And when was that appointment for? 24 A. The next day. 25 Q. And did you actually meet Fazhul at the house the next 2317 1 day? 2 A. Yes, he was at the house with Mr. Sikander. 3 Q. And what took place at the house on August 8, 1998? 4 A. We looked around the house to see what was missing or -- 5 original tenant you have to leave the house the way you 6 occupied. So I check the house and it all was fine. 7 Q. Was there any furniture in the house at that time? 8 A. No, none. 9 Q. Did you ever see any furniture in the house during the 10 time Fazhul was renting the house? 11 A. There was no furniture at all. 12 Q. And after you checked the house to see if everything was 13 okay, what happened after that? 14 A. He give me my key, he return the key back to me, and there 15 was one key which was missing, so he told me to follow them 16 towards town up to a place where they would give me the other 17 key. That's what I did. 18 Q. Did you have any agreement with regard to the security 19 deposit? 20 A. Yes. 21 Q. What was that agreement? 22 A. The deposit which he left was to redecorate the house, and 23 if, if there was more than required, I would give the balance 24 to Mr. Sikander. 25 Q. When you say "redecorate," what exactly? 2318 1 A. To repaint. 2 Q. Did you see what kind of car Mr. Fazhul was driving that 3 day? 4 A. Yes. 5 Q. What kind of car was that? 6 A. It was a pickup 1200 white car. 7 MR. BUTLER: One moment, your Honor. No further 8 questions, your Honor. 9 THE COURT: Anyone else? 10 MR. SCHMIDT: May I have a moment, your Honor? 11 THE COURT: Yes. 12 (Pause) 13 CROSS-EXAMINATION 14 BY MR. SCHMIDT: 15 Q. Good afternoon. In what language did you communicate with 16 Mr. Fazhul? 17 A. In Swahili and a little French. 18 Q. Did you communicate with him at all in English? 19 A. Not much, not at all I can't remember. 20 Q. What language did you communicate with Mr. Sikander in? 21 A. English and Swahili. 22 THE COURT: Mr. Schmidt -- 23 MR. SCHMIDT: Two minutes, that's all. 24 Q. The time in August 8 when they gave up the key, was any 25 other person with Mr. Fazhul at that time? 2319 1 A. Yes, Mr. Sikander was with him. 2 Q. Was there a woman with him as well? 3 A. No. 4 Q. Somebody's sister there? 5 A. Sorry? 6 Q. Was somebody's sister there? 7 A. Not where they give me the key, no. 8 Q. Did you meet Mr. Sikander's, one of Mr. Sikander's sisters 9 at any time? 10 A. Yes. 11 Q. When was that? 12 A. The first time they came to see the house. 13 Q. What language -- did you talk with her at all? 14 A. I did spoke English, the sister of Sikander. 15 Q. Do you recall her name? 16 A. No. 17 MR. SCHMIDT: I have no further questions. 18 THE COURT: Anything further of this witness? 19 MR. BUTLER: No. 20 THE COURT: Any redirect? 21 Thank you ma'am. You may step down. 22 (Witness excused) 23 THE COURT: The government may call the next witness. 24 MR. KARAS: Your Honor, the government calls Ron 25 Kelly. 2320 1 RONALD L. KELLY, 2 called as a witness by the government, 3 having been duly sworn, testified as follows: 4 DIRECT EXAMINATION 5 BY MR. KARAS: 6 Q. Good afternoon, sir. Can you tell us how you're employed? 7 A. I'm employed at the Federal Bureau of Investigation as a 8 chemist. 9 Q. For how long have you been a chemist at the FBI? 10 A. I've been employed in the FBI laboratory for over 22 11 years. 12 Q. Mr. Kelly, are you familiar with the term explosive 13 residue? 14 A. Yes, I am. 15 Q. Can you tell the jury what that is? 16 A. An explosive residue is a very small amount of material 17 which remains at a scene after an explosion or at a location 18 in which explosives may have been stored or handled. 19 Q. And can you tell us what methods are used to recover 20 explosive residue? 21 A. There are three basic methods we use. First we try to 22 recover an item, small items, package it and send it back to 23 the laboratory for analysis. Items that are too large to send 24 to the laboratory we have two techniques, vacuuming, and 25 swabbing. A vacuuming technique is simply a vacuum that you 2321 1 commonly use in your house with special attachments and 2 filters to trap explosive residues. The other technique, 3 swabbing, is simply a clean sterile cotton material used to 4 rub across surfaces to remove residues. 5 Q. Have you yourself taken swabbings? 6 A. Yes, I have. 7 Q. Can you tell us approximately how many in your career? 8 A. Many hundreds, if not thousands. 9 Q. And did there come a time that you were dispatched to 10 Nairobi in August of 1998? 11 A. Yes, there was. 12 Q. Did you take any swabbings of the surface of the American 13 Embassy there? 14 A. Yes, I did. 15 MR. KARAS: May I approach, your Honor? 16 THE COURT: Yes. 17 Q. Mr. Kelly, I've placed before you what has been marked as 18 mark Government Exhibits 842 and 843 and ask you to take a 19 look at them. Starting with 842, can you tell us what 842 is? 20 A. Yes. 842 is what is considered a control swabbing I did 21 at the scene there in Nairobi. 22 Q. Can you tell the jury what a controlled swabbing is? 23 A. A controlled swabbing can be several things. One, control 24 swabbing may just be a representative sample of the swabbing 25 material, the cotton that we used to do the swabbing. Control 2322 1 may also be that same material used to swab our hands and our 2 clothing of the search personnel where we may take a control 3 swabbing of containers or surfaces that evidence may be placed 4 upon. 5 Q. What is the purpose of using control swabbing? 6 A. The purpose of control swabbings is to remove any residues 7 and test them for samples in the laboratory to detect any 8 contamination that might be present prior to us collecting any 9 evidence. 10 Q. And that particular control swabbing, can you tell us what 11 that was, 842? 12 A. Yes, exhibit 842 was a control swabbing swab material and 13 I used it to swab the gloved hands prior to collecting 14 evidence that day. 15 Q. And can you tell us what exhibit 843 is? 16 A. Exhibit 843 is an actual evidence swabbing that was taken 17 from the, what I considered the south side wall of the US 18 Embassy. 19 Q. And can you tell us where that wall was facing? 20 A. Again, that wall, the south side would be the wall facing 21 the direction of the explosion that occurred that day. 22 Q. So that would be the wall that faces the large cooperative 23 house across the way? 24 A. That is correct. 25 Q. And can you tell us where along the wall of the American 2323 1 Embassy you took the swabbing that's Government Exhibit 843? 2 A. The swabbing was taken along the wall. Generally I take 3 them in the higher areas on the wall. Those are areas that 4 would be least likely to be contaminated, leaned against or 5 otherwise come in contact with foreign objects. 6 Q. How is it that you packaged these exhibits 842 and 843? 7 A. After taking the swabbing the swabbings themselves are put 8 into a glass file, sealed and labeled with the appropriate 9 identification markers, and then at a later time turned over 10 to our evidence control center that we had set up there. 11 Q. Did you initial those particular swabbings? 12 A. Yes, I did. 13 MR. KARAS: Your Honor, we offer Government Exhibits 14 842 and 843. 15 THE COURT: Received. 16 (Government's Exhibits 842 and 843 received in 17 evidence) 18 MR. KARAS: No further questions. 19 CROSS-EXAMINATION 20 BY MR. WILFORD: 21 Q. Good afternoon. 22 A. Good afternoon. 23 Q. How you doing, Mr. Kelly? 24 A. Pretty good. 25 Q. Now, Agent Kelly, when you were speaking about the 2324 1 explosives being stored or handled -- do you remember that on 2 direct at the beginning of your direct examination? 3 A. Yes. 4 Q. Would it also be true that if a person was handling the 5 explosive material and it got on to his clothes that would 6 remain on his clothes? 7 A. Yes. 8 Q. And when you talked about the embassy south side of the 9 embassy wall and you took your sample from high up on the 10 wall, because you didn't want to take a sample from an area 11 where someone had leaned against it -- 12 A. That's correct. 13 Q. -- if someone leaned against that particular area, the 14 explosive material would also go on their clothes, isn't that 15 correct? 16 A. That would be a possibility that you could transfer 17 residues in that manner, yes. 18 Q. Now, the explosive residue that you're talking about, 19 could you give the jury some idea of quantitatively what we're 20 talking about in terms of amount? 21 A. Yes. The instruments in our laboratory are capable of 22 seeing quantities that you physically cannot even see as 23 residues, so there could be residue present here on this bench 24 right now you cannot see it, but, again, if I touched an 25 explosive and touched the surface, our instruments would be 2325 1 sensitive enough to identify the explosives that I deposited 2 there. 3 Q. Some sort of a number like a millionth of a part or 4 something like that is that accurate or smaller than that? 5 A. Usually what I equate to amount-wise is if you take a 6 typical aspirin tablet and you were to divide that into about 7 five billion pieces I could identify each and every one of 8 those five billion pieces. It's a very, very small quantity 9 that we can identify. 10 Q. Sir, isn't it a fact that explosive residue is or can be 11 transferred in all types of human contact? 12 MR. KARAS: Objection to form, your Honor. 13 THE COURT: Overruled. Do you understand the 14 question? 15 THE WITNESS: If he could try to rephrase it. 16 Q. Okay. If I handle explosive materials and I shake your 17 hand there could be a transfer during this handshake, isn't 18 that correct? 19 A. Yes, that would be a logical type of transfer. Physical 20 contact is usually what would be required on a solid material. 21 Q. I'm sorry. Did you finish your answer, sir? 22 A. Yes, I did. 23 Q. And if I had explosive material on my clothing and I 24 embraced you, then the explosive residue would, could be 25 transferred to your clothing, isn't that correct, sir? 2326 1 A. It could depending upon the original amount that was on 2 your clothing. Each transfer there's a significant reduction 3 in the amount of material that's transferred. 4 Q. But you could find those billions of pieces of the 5 aspirin, right? 6 A. It would be possible, yes. 7 MR. WILFORD: Thank you. Nothing further. 8 THE COURT: Anything further of this witness? Thank 9 you, sir, you may step down. 10 (Witness excused) 11 THE COURT: We'll take our luncheon recess and we'll resume at 2:15. 12 13 (Luncheon recess) 14 (Continued on next page) 15 16 17 18 19 20 21 22 23 24 25 2327 1 AFTERNOON SESSION 2 2:20 p.m. 3 (Jury not present) 4 THE COURT: We are late getting started because I was 5 told the lunch for the jurors was 20 minutes late. 6 There is a note from a juror saying, "I need to be 7 off March 22, Thursday. I have important family business to 8 take care of that day." With your permission, I will ask that 9 juror what the nature of the family business is. 10 Also, the juror who was taking a civil service 11 exam -- that was supposed to be last Tuesday -- was unable to 12 take that exam because it was canceled due to weather. The 13 exam has been rescheduled for March 29, which is a Thursday. 14 MR. BAUGH: Judge, the interpreters are waving at 15 you. 16 MR. FITZGERALD: You were mute. I think you should 17 be live now. 18 THE COURT: That juror was trying to see whether the 19 exam could be rescheduled for a Friday, so we don't know 20 whether we will be able to sit on those days. March 22 is 21 also a Thursday. 22 Let me see if the jurors have finished their lunch. 23 (Jury present) 24 THE COURT: Good afternoon. The government may call 25 its next witness. 2328 1 MR. KARAS: Yes, your Honor. The government calls 2 Steve Casper. 3 STEVE CASPER, 4 called as a witness by the government, 5 having been duly sworn, testified as follows: 6 DIRECT EXAMINATION 7 BY MR. KARAS: 8 Q. Good afternoon, Mr. Casper. 9 A. Good afternoon. 10 Q. Can you tell us how you are employed. 11 A. I am employed as a special agent for the Federal Bureau of 12 Investigation. 13 Q. How long have you been a special agent for the FBI? 14 A. I have been a special agent for approximately 13 years 15 now. 16 Q. Can you tell us about your current assignment. 17 A. I am currently assigned as an examiner in the FBI 18 laboratories firearms and tool marks unit. 19 Q. Can you tell us bit about your education. 20 A. I have a BS degree, bachelor of science degree in biology 21 from Saint Vincent College in Latrobe, Pennsylvania. 22 Q. Can you tell us a little about the training you received 23 to become a qualified firearms and tool marks examiner. 24 A. Yes. The training, it was an extensive and lengthy 25 training program in the FBI laboratory that lasted 2329 1 approximately two years. During this period I read available 2 literature of the area of firearms and tool marks 3 identification. I visited firearms and tool manufacturing 4 facilities and ammunition manufacturing facilities to get a 5 better understanding of how these items are manufactured. But 6 the bulk of my training at the FBI laboratory to become a 7 firearms examiner was on the job type training process, where 8 I worked with the qualified examiners in our unit. During 9 this time I worked on hundreds of cases and I examined 10 thousands of items of evidence. 11 At the conclusion of my training I underwent a series 12 of six oral examinations, and it was the proficiency that I 13 showed in these examinations that led the laboratory to 14 believe that I was ready to work my own cases and to present 15 my findings in a court of law. 16 Q. Have you yourself conducted any lectures on firearms and 17 tool marks identification? 18 A. Yes, I have conducted a few lectures at schools that the 19 FBI puts on for examiners throughout the United States, in 20 local crime laboratories. 21 Q. For how many years have you been a firearms and tool marks 22 examiner? 23 A. I have been an examiner in the firearms and tool marks 24 unit for approximately eight years now. 25 Q. Did there come a time you were asked to examine some items 2330 1 that you understood to be originally taken from Nairobi, 2 Kenya? 3 A. Yes, there was. 4 MR. KARAS: Your Honor, may I approach? 5 THE COURT: Yes. 6 Q. Agent Casper, I have placed before you what have been 7 marked into evidence as Government's Exhibits 838 and 559. 8 Beginning with Government's Exhibit 838, can you tell us what 9 it is you were asked to do with respect to that exhibit? 10 A. I was given this exhibit, Government's Exhibit 838, and I 11 was asked to determine if in fact it is a firearm part, and if 12 I was able to determine that, from what type or make or model 13 firearm it was from. 14 Q. Can you tell us a little bit about the process you went 15 through to conduct your analysis. 16 A. I conducted a microscopic analysis of this piece. 17 Initially, or immediately, I recognized this piece as a part 18 of a slide from a pistol, from a semiautomatic handgun. 19 Then I wanted to determine who manufactured it, can I 20 determine the model, can I determine the caliber. I looked at 21 it microscopically, and I was able to notice a few letters on 22 the slide, which led me to believe that it was a Beretta type 23 slide. I did additional work in the laboratory, looking at 24 pictures of Beretta firearms and looking at the Beretta 25 firearms that we have in our collection, to try to determine 2331 1 the make and the model of this. 2 Q. Are you familiar with the phrase number restoration 3 process? 4 A. Yes, I am. 5 Q. Can you tell us what that is. 6 A. Number restoration is a simple process that we use in our 7 laboratory to try to determine a stamped number that was on a 8 firearms part that has been since obliterated by either 9 somebody obliterating it themselves, by grinding it away, or 10 just by wear and tear. It's a process where in the laboratory 11 you use certain types of acids. These acids will etch away 12 numbers that are stamped in the metal. When you stamp a 13 number in the metal, it pushes the metal down, compresses the 14 metal in that stamped area. The molecules in the metal are 15 becoming harder, far more compressed. When a number 16 restoration is conducted, the acids eat away at that 17 compressed area, and then under the proper lighting and a 18 microscope you can read those numbers that used to be stamped 19 there, that is, if the number wasn't destroyed to where all of 20 that compressed area is gone. 21 Q. Can you tell us whether or not number restoration was done 22 on Government's Exhibit 838? 23 A. Yes, number restoration was conducted on Government's 24 Exhibit 838. 25 Q. Did you see the results of that? 2332 1 A. Yes, I was present for that number restoration. 2 Q. What was turned up by the number restoration? 3 A. Upon the number restoration, we were able to read the -- 4 of course, the manufacturer, which it did show up as Beretta. 5 We were able to read the model, from a Beretta model 1934, 6 which would have been originally made in 1934. And we were 7 able to read the caliber that this firearm was originally 8 manufactured, and it said on there 9 corto. 9 corto also 9 means .380 auto. 10 Q. .380 auto is a type of caliber? 11 A. Yes, .380 auto is a caliber of cartridge that was used in 12 this firearm. 13 Q. Do you have as samples a wide variety of firearms? 14 A. Yes, we do. We have a collection in our laboratory that 15 has over 5,000 firearms, approximately 3,000 handguns, 2,000 16 shoulder weapons. 17 Q. Were you able to find among that collection a Beretta 18 model 1934, 9 corto? 19 A. Yes, we did have a Beretta model 1934, 9 corto. 20 MR. KARAS: If we could show to the witness and 21 counsel only Government's Exhibit 839-P1. 22 Q. Agent Casper, can you tell us what is Government's Exhibit 23 339-P1? 24 A. Government's Exhibit 839-P1 is a photograph, a closeup 25 photograph of the Beretta model 1934 that we have in our 2333 1 laboratory. I had this photograph taken. It shows on there 2 the numbers, the letters of P Beretta, caliber 9 corto, the 3 model. 4 MR. KARAS: If we could also show to the witness and 5 counsel only Government's Exhibit 839-P2. 6 Q. Tell us what that exhibit is. 7 A. Government's Exhibit 839-P2 is a full one-to-one 8 photograph of the Beretta model 1934 that we have in our 9 laboratory that I had photographs taken of. 10 MR. KARAS: At this time we offer Government's 11 Exhibits 839-P1 and P2. 12 THE COURT: Received. 13 (Government's Exhibits 839-P1 and 839-P2 received in 14 evidence) 15 Q. Agent Casper, did you compare Government's Exhibit 838 to 16 839-P1 and 2? 17 A. Yes, I compared the remaining physical characteristics of 18 Government's Exhibit 838 to the firearm of Government's 19 Exhibit 839-P2. 20 Q. What was your conclusion based on that comparison? 21 A. Based on the comparison that this, as I mentioned before, 22 this piece of this slide would be from this type of firearm, 23 or this exact make and model firearm, so that what you are 24 seeing there, 839-P2, Beretta model 1934, that is what this 25 Government's Exhibit 838 represents, the slide portion, the 2334 1 top part of the firearm. 2 Q. If you could tell us what the ridges in 839-P2 are part 3 of? 4 A. In 839-P2 at the back of the firearm, and if you will 5 notice on 838, there are some ridges back of the slide. That 6 is so you can grip it and pull it backwards to manually load 7 the bullets back in the chamber. 8 Q. Can you tell us or describe for us what a Beretta slide 9 would look like if it was undamaged. 10 A. If this were undamaged, this would all be straight. It 11 wouldn't be bent upward. As you can see, this is only one 12 half. This is the left hand portion of that slide. The 13 right-hand portion of that slide is totally gone. What we are 14 seeing in the picture that you see, Government's Exhibit 15 839-P2, is the left-hand portion of a Beretta model 1934, 16 which we have here. 17 Q. Agent Casper, were you also asked to examine the items 18 that are contained in Government's Exhibit 559? 19 A. Yes, I was. 20 Q. Can you tell us generally what those are. 21 A. These are cartridges, and I received these three 22 cartridges, Government's Exhibit 559, and I was asked to 23 determine what is the caliber of these cartridges, who 24 manufactured them, and what information I could about them. 25 Q. Can you just tell us what the difference is between a 2335 1 cartridge and a bullet. 2 A. Certainly. If I can open Government's Exhibit 559, 3 Government's Exhibit 559 contains three cartridges, one of 4 which I pulled apart and broke down into its components in a 5 laboratory. A cartridge is basically a single unit of 6 ammunition. It contains the cartridge case and the bullet. 7 When taken apart, you have a cartridge case, a casing, that 8 portion which holds the gunpowder and the bullet at the top, 9 and then you have the bullet itself, that portion which is 10 fired down the barrel and exits the muzzle of the firearm. 11 MR. KARAS: May I approach the witness, your Honor? 12 THE COURT: Yes. 13 Q. Agent Casper, we are placing on the Elmo the bullets that 14 are contained within Government's Exhibit 559. Can you tell 15 us about the analysis that you did and the conclusions you 16 reached regarding these cartridges. 17 A. All right. When I received these cartridges, I noticed 18 immediately that they didn't look like a normal cartridge that 19 one would purchase, let's say at a local sporting goods store. 20 The sides of the cartridges appeared to have been sanded or 21 ground down. They had a lot of striated or sanding, grinding 22 type marks. And the bullet itself, the nose that is coming 23 out the front of the cartridge also appeared to have some 24 grinding type marks on that bullet. 25 One of the first things I did was, I looked at the 2336 1 head of the cartridge case or the back portion of that 2 cartridge case -- I wish I had a pointer here. 3 Q. If you want, Agent Casper, step down and turn the screen 4 around. 5 A. The cartridge here, which would be one unit of 6 ammunition -- we can see it a little bit larger. We have a 7 complete cartridge here. This would be the cartridge case 8 portion and the bullet here. At the head or the back of this 9 cartridge case, the portion -- you can't see, looking straight 10 at it if you could -- on the back there is some identifying 11 information stamped into the head of that cartridge case. The 12 manufacturer will sometimes stamp their name into it, like 13 Bremington or Winchester. They will stamp into the back or 14 the head of that cartridge case the caliber of that cartridge. 15 On the heads of these cases are stamped, I believe the number 16 21 on the top at 12:00, No. 54 at 6:00, and in about the 9:00 17 position I think it is a 4 on one, a 3 on the other. 18 The 21 tells us that that cartridge was manufactured 19 for Poland, the country of Poland. The bottom number, the 54 20 tells us that that cartridge case was manufactured in 1954. 21 And the numbers in the 9:00 position, the 4 and 3, 3 and 4, 22 let's say, would tell us they were manufactured in March 23 and/or April, the third and fourth month of the year. 24 Q. The effect of the shadings that you mentioned, what would 25 be the effect of the shadings on the cartridge? 2337 1 A. Upon my examination, and I notice that there were some 2 grinding marks, when I pulled these cartridge cases apart I 3 also noticed that there were cutting marks where the cartridge 4 had been shortened a little bit, the cartridge case portion 5 had been shortened. With this information, and since it was 6 cut down, I could not positively determine the original 7 caliber that these cartridges were. 8 Q. Did you try to put these cartridges in the barrel of a 9 Beretta 1934 that you had in your laboratory? 10 A. One of the first things I did prior to that was, I 11 measured all the measurements I could. I took a diameter 12 measurement, the length measurement, and determined that the 13 measurements of this cartridge and the cartridge case portion 14 are that of the same measurements that you would find in a 15 .380 auto caliber cartridge case, or a 9 corto -- same thing. 16 Q. After you determined that, what did you do? 17 A. After I determined that, I took the -- since I already 18 knew that in this case there was a Beretta model 1934 because 19 I had had this slide piece earlier, and I was asked if these 20 cartridges could fit into this firearm, I took the Beretta 21 model 1934 from our collection in our laboratory, and I fit 22 those cartridge cases into the chamber to see if they would in 23 fact properly chamber, and they do. 24 So what I gathered from that was, these cartridges 25 were originally a different caliber, a different type 2338 1 cartridge, that is, possibly a 9-millimeter Luger. 2 9-millimeter cartridge is just a little bit longer and just a 3 little bit wider in diameter. So someone had cut these 4 cartridge cases down in length a little bit, and then with the 5 grinding marks you see on the sides, they ground them down, or 6 filed or sanded the sides of these cartridges down so that 7 they would fit into the chamber of the .380 auto. 8 MR. KARAS: I have no further questions. 9 THE COURT: Anything? 10 Thank you, sir. You may step down. 11 (Witness excused) 12 MR. FITZGERALD: The government now calls Special 13 Agent John Hughes, H-U-G-H-E-S. 14 JOHN JOSEPH HUGHES, JR., 15 called as a witness by the government, 16 having been duly sworn, testified as follows: 17 DIRECT EXAMINATION 18 BY MR. FITZGERALD: 19 Q. Tell the jurors what you do for living. 20 A. FBI agent for the last 18 years. 21 Q. Can you tell the jury what an evidence response team is in 22 the FBI. 23 A. Yes, sir. An evidence response team is made up of FBI 24 agents and other specialists specifically designed to respond 25 to catastrophes, kidnappings, bank robberies. We are trained 2339 1 to collect evidence in certain manners, ground radar, 2 identification of evidence, marking of evidence for court 3 purposes. 4 Q. Have you served on an evidence response team? 5 A. Yes, I serve in Philadelphia as a team leader on one of 6 the two field teams in Philadelphia. I have been on the 7 evidence response team for the last seven years for the 8 bureau. 9 Q. Let me direct your attention to 1998. To what office were 10 you assigned? 11 A. Philadelphia. 12 Q. Did there come a time when you were deployed to Nairobi, 13 Kenya, as an FBI agent? 14 A. Yes, sir, August 1998. 15 Q. Can you tell us what day you arrived in Nairobi. 16 A. I believe it was August 9, sir. 17 Q. What was your assignment in Nairobi? 18 A. I was with the Philadelphia evidence response team. I was 19 assigned to work on the embassy bombing in Nairobi, collect 20 evidence with other members of the team. 21 Q. Did you work for a good amount of time on the rubble pile 22 in Nairobi? 23 A. Yes, sir. 24 Q. Let me direct your attention to August 18 of 1998. Were 25 you given an assignment that day in your position as a leader 2340 1 of the evidence response team? 2 A. Yes, sir, I was. 3 Q. Can you tell the jury where you went. 4 A. That morning I was working at the embassy as assigned. I 5 was told by the supervisor on the scene that I was needed at a 6 search at a hotel in Nairobi. Myself, other agents from the 7 Philadelphia team responded to a hotel in Nairobi called the 8 Hilltop Hotel. 9 Q. Did there come a time when you entered the Hilltop Hotel? 10 A. Yes, sir, I did. 11 Q. What locations within the hotel did you search? 12 A. I was directed by the team leaders to search two rooms, 13 107A, and I believe 102B. 14 Q. Let me approach you what have been premarked as 15 Government's Exhibits 695A through 695J. I will ask you to 16 review those photographs briefly and I will ask you if you 17 recognize what they are? 18 A. Yes, sir. These are photos of the two rooms at the 19 Hilltop Hotel, and also photos of an area where I lifted 20 prints from one of the rooms in the hotel. 21 Q. We will go through them individually. 22 MR. FITZGERALD: First, your Honor, I would like to 23 offer in evidence Government's Exhibits 695A through J. 24 MR. WILFORD: Without objection. 25 THE COURT: Received. 2341 1 (Government's Exhibits 695A through 695J received in 2 evidence) 3 Q. If we could display on the screen 695A. Could you tell us 4 what is depicted on 695A. 5 A. Sir, that is a picture of the doorway to room 107. That 6 is in the Hilltop Hotel. It is the first room I searched. It 7 is a picture of the doorway and one of the beds in the hotel 8 room. 9 Q. If we could display 695B. What is depicted in B? 10 A. Sir, that's the desk in that hotel room 107. 11 Q. Where are the beds in relation to that desk? 12 A. On either side, sir. 13 Q. 695C. What does -- 14 A. That is the hanging closet and shelves for clothing near 15 one of the beds in that room. 16 Q. 695D? 17 A. That is the second bed to the right of the room, the far 18 wall of the room on the other side of that desk. 19 Q. That bed has a pillowcase with red and blue colors. 20 A. Yes. The other would have orange and white. 21 Q. 695E? 22 A. That is a second picture of the room looking to the rear 23 to the desk, and one of the beds. 24 Q. 695F? 25 A. That is the shower in the room, sir. 2342 1 Q. G? 2 A. That's another look at the same room with the desk and the 3 second bed. 4 Q. H, 695H. 5 A. Again another photo of the desk looking out the window and 6 a bed to the left. 7 Q. Orange and white? 8 A. Orange and white one, yes. 9 Q. 695I? 10 A. Sir, that's the front door of 107 and those markings there 11 are where lifts were taken. 12 Q. You mentioned lift. Can you explain to the jury what a 13 left is? 14 A. A lift, ladies and gentlemen, is, when we go into a room 15 or we go into a location, we look and we are told to dust for 16 prints. We are looking for identifying prints. We go to the 17 common areas of the room where anyone would lay a print on, a 18 door handle, a desk, a closet. We go and we dust those areas. 19 We try to identify and bring up prints. By that I mean we 20 should be able to see prints, fingerprints on a door, on a 21 desk. Once we identify the prints, we have what we call 22 lifts. There are small lifts and large lifts, depending on 23 the area that we want to bring the print up from. In this 24 area we put dust on that area, brought up some fingerprints, 25 and used the lifts to bring those prints up so we could send 2343 1 them to the lab for identification. 2 Q. Do you recall how many lifts you took out of room 107 of 3 the Hilltop Hotel? 4 A. I believe six, sir. 5 Q. Why don't I approach you with what has been premarked for 6 identification as Government's Exhibit 696. I ask you if you 7 can take a look at what has been marked 696 and tell us if you 8 recognize what it is? 9 A. Yes, sir. That is one of the lifts that I lifted from 10 that room and that door in Nairobi, and I identified it by my 11 writing on the lift. 12 MR. FITZGERALD: Your Honor, I offer Government's 13 Exhibit 696 and the corresponding photograph, 696P, in 14 evidence. 15 MR. WILFORD: Without objection, your Honor. 16 THE COURT: Received. 17 (Government's Exhibit 696 and 696P received in 18 evidence) 19 Q. If we could briefly display 696P. Is that a picture of 20 the lift you described? 21 A. Yes, sir, it is. 22 MR. FITZGERALD: Thank you, Judge. I have nothing 23 further. 24 THE COURT: Anything further of this witness? Mr. 25 Wilford? 2344 1 MR. WILFORD: Just a few, Judge. 2 CROSS-EXAMINATION 3 BY MR. WILFORD: 4 Q. Good afternoon, Agent Hughes. 5 A. Good afternoon, sir. 6 Q. How are you doing, sir? 7 A. Fine, thank you. 8 Q. Sir, when you respond to a scene with your team, you have 9 a group of specially trained agents; is that correct? 10 A. Yes, sir. 11 Q. You are trained extensively to respond to catastrophic 12 situations; is that correct? 13 A. Yes, sir, I have gone to several. 14 Q. You have a certain protocol which you maintain in terms of 15 the collection, or attempted collection of fingerprints and 16 fingerprint lifts; is that correct? 17 A. Yes, sir, we do have a procedure that we follow. 18 Q. It's a little bit more extensive, your training, than, 19 say, the average FBI agent would receive? 20 A. Yes, sir, that is correct. 21 Q. When you take a lift, you put this powder on a particular 22 surface; is that correct? 23 A. Yes, sir. Depending on the surface, it would depend on 24 the type of powder that we use. 25 Q. The surface that you recovered 696 from, what type of 2345 1 surface is that, sir? 2 A. Looking at the photo, sir, it looks like a standard door. 3 I honestly couldn't say if it was wooden or plastic at this 4 time because I don't have the material, but it would be black 5 powder because of the white surface, sir. Black would bring 6 up the lift better. 7 Q. When you get a lift from a particular area and that 8 particular lift is matched to a particular individual's 9 fingerprints, that means that person had to have been in that 10 particular area; is that correct? 11 A. Sir, I am not a fingerprint expert. All I can testify to 12 is how I get the lifts. I can't analyze them. I know how to 13 identify them and bring them up, but I can't analyze if they 14 are matched up. The answer is that if I bring the print up 15 from that room, yes, that would be my belief. But I am not an 16 analyst. I wouldn't be able to match up the print. 17 Q. I am not asking you to match them up. I am asking, the 18 general theory is that if you take a lift from that room, the 19 person -- 20 A. Yes, sir, they were there at sometime, yes, sir. 21 MR. WILFORD: Thank you, nothing further. 22 THE COURT: You may step down. 23 (Witness excused) 24 THE COURT: The government may call its next witness. 25 MR. BUTLER: The government calls Agent Patrick 2346 1 Buckley. 2 PATRICK BUCKLEY, 3 called as a witness by the government, 4 having been duly sworn, testified as follows: 5 DIRECT EXAMINATION 6 BY MR. BUTLER: 7 Q. Agent Buckley, what do you do for a living? 8 A. I am employed as a special agent with the Federal Bureau 9 of Investigation. 10 Q. How long have you been with the FBI? 11 A. Since 1988. 12 Q. Do you have any special training? 13 A. Yes, I am a special agent bomb technician. 14 Q. What does a bomb technician do? 15 A. Basically I receive some training at the hazardous devices 16 school in Huntsville, Alabama, where you are taught basic 17 explosives recognition, the handling of explosives, the 18 implementation of the improvised explosive devices, and bomb 19 crime scene procedures. 20 THE COURT: Agent, a little slower, please. 21 Q. Agent Buckley, where were you assigned back in August of 22 1998, what office? 23 A. Chicago field division. 24 Q. Did there come a time that you were sent overseas in 25 connection with your duties as a bomb technician? 2347 1 A. Yes, following the blast of August 7, 1998. 2 Q. Where were you sent to? 3 A. Nairobi, Kenya. 4 Q. When did you arrive, approximately? 5 A. August 14 of 1998. 6 Q. Drawing your attention to the afternoon of August 20, 7 1998, do you recall where you were on that day? 8 A. Yes. I was at No. 43 Runda Estates. 9 Q. Were you alone or with others? 10 A. I was with others. 11 Q. Approximately how many people were you with? 12 A. Approximately 10 people. 13 Q. What were you assigned to do at that time? 14 A. I was assigned to a couple duties. My first duty was to 15 conduct a protective sweep of 43 Runda Estates, to be sure 16 that there were no boobytraps or secondary explosives. 17 Q. Could you describe for the jury generally what you recall 18 Runda looks like, Port Runda Estates? 19 A. It was a large, white, multibedroom building with a 20 detached garage, a large security gate and large hedges around 21 the entire, basically, layout of the building and the estate 22 there. 23 Q. If we could pull up what has been previously entered into 24 evidence as Government's Exhibit 567A. Do you recognize what 25 is in Government's Exhibit 567A, Agent Buckley? 2348 1 A. Yes, I do. 2 Q. What is that? 3 A. No. 43 Runda estates. 4 Q. What did you do when you first arrived at 43 Runda 5 Estates? 6 A. Following the protective sweep, I participated in the 7 search at that location as a bomb technician and conducted 8 swabbings of some outdoor countertops at that outdoor 9 location. 10 Q. In preparation for this protective sweep, did you do 11 anything to prepare? 12 A. Yes, I put on a Ty-Vec suit and pair of latex rubber 13 gloves. 14 Q. Could you explain what a Ty-Vec suit is. 15 A. It is basically a plastic suit that you put over yourself 16 to protect yourself from contaminants at the location or to be 17 sure that you have no contaminants yourself. 18 Q. What did you do to conduct the protective sweep? 19 A. Basically, I walked around the exterior of the Runda 20 Estates address, looking for boobytraps and possible explosive 21 devices, and, like I said, found none, went back to the inside 22 of the residence, did a quick protective sweep there, and 23 noticed there were no boobytraps or possible explosive devices 24 in the location. 25 Q. Were you alone when you did this protective sweep? 2349 1 A. Yes, I was. 2 Q. After you conducted the protective sweep, what did you do 3 next? 4 A. Following that I conducted swabbings of the countertops 5 outside the kitchen door. 6 Q. Do you recall approximately how many swabbings you took? 7 A. Yes. I took one control swabbing and four other 8 swabbings. 9 Q. Do you know if photographs were taken of this area? 10 A. Yes, there were. 11 Q. I approach with two photographs that have been marked as 12 Government's Exhibits 791A and 791B. Do you recognize 13 Government's Exhibits 791A and B? 14 A. Yes, I do, counsel. 15 Q. What is depicted in 791A and B? 16 A. That is the two countertops immediately outside the 17 kitchen door. I took two swabbings from each one of the 18 countertops. 19 MR. BUTLER: I offer 791A and B at this time, your 20 Honor. 21 MR. WILFORD: No objection. 22 THE COURT: Received. 23 (Government's Exhibits 791A and 791B received in 24 evidence) 25 Q. If we could display Government's Exhibit 791A. If you 2350 1 could just describe for the jury, Agent Buckley, what is shown 2 in this photo, and maybe with the permission of the court we 3 could let Agent Buckley turn the screen around and step down. 4 THE COURT: Yes. 5 A. At these locations I conducted two swabbings at this 6 countertop and two more at this location right here. 7 Q. Where was this area located again, generally? 8 A. This would be the kitchen door to the main residence of 9 the 43 Runda estate. This is the door leading into the 10 kitchen. 11 Q. If we could pull up Government's Exhibits Government's 12 Exhibit 791B. What is depicted in Government's Exhibit 791B? 13 A. Referring back to the last picture, that would have been 14 the sink location to the left of the kitchen door. That is a 15 closeup shot of the counter. 16 Q. You can move back to the witness stand. Thank you. 17 What did you use to take these swabbings that you 18 mentioned? 19 A. For the swabbings at this time we used sealed Meta-pack 20 alcohol prep packages, the kind you find in a doctor's office. 21 Q. How did you take the swabbings? 22 A. We tore open the Meta-pack alcohol prep pad and removed 23 the swab with a pair of plastic forceps. Then with the pad 24 inside the forceps teeth we conducted swabbings across the 25 countertop. 2351 1 Q. What did you do with the swabbings once they were taken? 2 A. Once we took the swabbings, I placed them back inside the 3 Meta-pack pouch they came from and placed them inside a 4 Ziplock bag, sealed it, and initialed it. Following that, I 5 turned it in into the evidence custodian. 6 Q. Approaching with what have been marked as Government's 7 Exhibits 751 through 755, Agent Buckley, I ask you to take a 8 look at Government's Exhibits 751 and 755 and ask if you 9 recognize those items? 10 A. Yes, I do. 11 Q. What are they? 12 A. They are the swabs that were taken off the countertops 13 outside the kitchen door. 14 Q. How do you recognize them? 15 A. Because my initials and the date are on each one of the 16 envelopes. 17 MR. BUTLER: Your Honor, I would offer Government's 18 Exhibits 751 through 755 at this time. 19 MR. WILFORD: Without objection. 20 THE COURT: Received. 21 (Government's Exhibits 751 through 755 received in 22 evidence) 23 Q. What did you do with these swabbings once you placed them 24 inside the evidence bag? 25 A. Following that, I turned them over to the evidence 2352 1 custodian at the site. 2 Q. Was this the last time you were at 43 Runda Estates? 3 A. No, it is not. 4 Q. When is the next time you were at 43 Runda Estates? 5 A. August 23, 1998. 6 Q. Do you recall approximately what time of day you arrived 7 at 43 Runda Estates on August 23? 8 A. About 10 or so in the morning. 9 Q. Do you recall who was there? 10 A. About 10 other people. 11 Q. Without naming them, who were they? 12 A. Members of the evidence response team. 13 Q. How long were you at 43 Runda Estates on August 23? 14 A. Most of the day. 15 Q. What did you do on August 23? 16 A. Upon arrival, the first thing I did was another protective 17 sweep as I described earlier. At the time I did the sweep in 18 a Ty-Vec suit and pair of latex gloves as we did on the 20th. 19 Following the protective sweep of the exterior and interior of 20 the residence, no explosive devices or boobytraps were found 21 at that location. 22 Following that, I returned and took soil samples 23 immediately outside of the garage adjacent to the main 24 residence building at 43 Runda take. 25 Q. Can we show what has been previously received into 2353 1 evidence as Government's Exhibit 567G. Do you recognize 2 Government's Exhibit 567G? 3 A. Yes. That is the garage at the Runda Estate. 4 Q. Can we now display just for identification what has been 5 previously marked as Government's Exhibit 792A. Do you 6 recognize what is depicted in the photograph in Government's 7 Exhibit 792A? 8 A. Yes, I do. That is the garage at Runda Estates, and the 9 location up here is where the soil samples were taken. 10 MR. BUTLER: Your Honor, I would offer Government's 11 Exhibit 792A at this time. 12 MR. WILFORD: Without objection. 13 THE COURT: When you say here -- 14 THE WITNESS: Up in this location adjacent to the 15 garage, between the hedge and the garage right there. 16 THE COURT: 792A received. 17 (Government's Exhibit 792A received in evidence) 18 MR. BUTLER: May we please display it for the jury at 19 this time. 20 Q. For the jury, could you explain to the jury the area from 21 where you took the soil samples? 22 A. They were the area between the hedge and the garage at 23 Runda Estates. It was, the small tree in the center of the 24 screen, immediately to the right of that was where the soil 25 samples were taken. 2354 1 Q. Do you recall about how many soil samples you took? 2 A. I took one control sample and then three straight samples 3 in that area. 4 Q. Again just to remind the jury, what is a control sample? 5 A. A control sample is a sample taken in that area to show an 6 exemplar of what the soil would be in that area at the time. 7 (Continued on next page) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2355 1 Q. Agent Buckley, I've placed before you what has been marked 2 as Government Exhibits 756 through 759. Do you recognize 3 those items? 4 A. Yes, I do. 5 Q. How do you recognize them? 6 A. My name, initials and dates are on these cans. 7 Q. And what was contained in those cans? 8 A. There is one control sample of the soil and then three 9 other soil samples as indicated. 10 MR. BUTLER: Your Honor, I would offer Government 11 Exhibit 756 through 759 at this time. 12 MR. BAUGH: No objection. 13 THE COURT: Received. 14 (Government's Exhibits 756 through 759 received in 15 evidence) 16 Q. Now, what did you do, Agent Buckley, after you took the 17 soil sample? 18 A. Following the soil sample I conducted swabbings inside the 19 garage at Runda Estates. 20 Q. And what did you find once you entered the garage in Runda 21 Estates? 22 A. When I entered the garage itself was vacant. However, I 23 did notice various amounts of aluminum powder on the floor 24 surfaces on the inside of the garage. 25 Q. And where did you take your swabbing? 2356 1 A. I took the swabs from locations from flat surfaces inside 2 the garage where I saw quantities of aluminum powder. 3 MR. BUTLER: Could we please display for 4 identification purposes only what's been previously marked as 5 Government Exhibit 792B. 6 Q. Do you recognize Grand Jury Exhibit 792B? 7 A. Yes, I do. That's the interior of the garage at 43 Runda. 8 MR. BUTLER: Your Honor, I would offer 792B at this 9 time. 10 (Government's Exhibit 792B received in evidence) 11 Q. Could you show where approximately did you take your 12 swabbings if it's depicted in this photo? 13 A. The majority of my swabbings were taken on the floor 14 boards going across the width of the doors at the midlevel of 15 the door and then at the base of the doors on the flat 16 surfaces. 17 MR. BUTLER: If we could show just for identification 18 purposes what's been previously marked as Government Exhibit 19 792C. 20 Q. Do you recognize what's shown in Government Exhibit 792C? 21 A. Yes, that's a closeup of the door of the garage. 22 MR. BUTLER: Your Honor, I would offer 792C at this 23 time? 24 THE COURT: Received. 25 (Government's Exhibit 792C received in evidence) 2357 1 MR. BUTLER: Can we display 792C to the jury, please. 2 Q. Again, Agent Buckley, could you describe for the jury 3 where you took your swabbings? 4 A. As you look in that picture it's very visible 5 concentration of aluminium powder on the floor surfaces and 6 along the flat surface there a swab was taken of that area. 7 Q. Did you take swabbings from any other area in the general 8 garage area? 9 A. I took some swabbings from the garage bathroom. 10 MR. BUTLER: If we could show just for identification 11 purposes what's been previously marked as Government Exhibit 12 792D. 13 Q. Do you recognize what's depicted in Government Exhibit 14 792D, Agent Buckley? 15 A. Yes, that's the bathroom inside the garage. 16 MR. BUTLER: Your Honor, I offer 792D at this time. 17 THE COURT: That is received. 18 (Government's Exhibit 792D received in evidence) 19 MR. BUTLER: May we just please display it for the 20 jury. 21 Q. What general area did you take your swabbings there, Agent 22 Buckley? 23 A. In the floor toilet and up around the flush mechanism on 24 the top of the toilet. 25 Q. Now, on August 23, 1998 what did you use to take your 2358 1 swabbings on that day? 2 A. I used swabbing kits that were made up by the explosive 3 unit of our laboratory that consisted both dry and 4 alcohol-enriched cotton swabs sealed inside glass vials. 5 Q. What did you do with the swabbings once you took them? 6 A. Once each swabbing was taken with a pair of forceps the 7 swabbings were placed back inside the glass vial. They were 8 sealed tight, and I put my initials and date on them and they 9 were turned over to the evidence custodian who then sealed 10 them and placed them into ziplock bags. 11 Q. Agent Buckley, I placed before you what has been 12 previously marked as Government Exhibits 760 through 776. I 13 just ask you to just take a moment I. Realize there are a lot 14 of items there. But if you can just take a look at each of 15 them and let us know after you're done,whether these are the 16 swabbings that you took on August 23rd, 1998? 17 (Pause) 18 A. Yes, those are my swabbings. 19 Q. How do you recognize those items? 20 A. My initials and date on each one of the vials. 21 MR. BUTLER: No further questions, your Honor. I'm 22 sorry, your Honor, excuse me. I offer Government Exhibits 760 23 to 776 at this time. 24 THE COURT: Yes, received. 25 (Government's Exhibits 760 to 776 received in 2359 1 evidence) 2 THE COURT: Mr. Baugh on behalf of defendant 3 Al-'Owhali. 4 CROSS-EXAMINATION 5 BY MR. BAUGH: 6 Q. I am David Baugh. I represent the defendant Al-'Owhali. 7 What is the date on 760 through 776? 8 A. What is the date? 9 Q. You say you initialed and dated them? 10 A. August 23rd. 11 Q. Now, how many days did you go to that location and look 12 for samples? 13 A. I went two days, August 20th and August 23rd. 14 Q. All right. And on either of those days were you directed 15 to look specifically for aluminum powder? 16 A. No, but as a bomb technician you look for anything that 17 could be utilized to make an explosive device. 18 Q. So is it your testimony you were not told to go there and 19 look specifically for aluminum powder at certain locations? 20 A. No, it's not correct. As a bomb technician I would go to 21 a location looking for any evidence of a bomb or explosive 22 materials. 23 Q. No, I know that, sir. The question is are you stating you 24 were not directed to look specifically for aluminium powder? 25 A. No, not, no. 2360 1 Q. All right. Did you look for soil samples on the 20th? 2 A. No, I did not. 3 Q. Why did you go back on the 23rd? 4 A. I did a more extensive search on the 23rd. 5 Q. Were you directed to do a more extensive search on the 6 23rd? 7 A. We had some further information that we needed to do a 8 more extensive search on the 23rd. 9 Q. Do you know what that information was? 10 A. No, I do not. 11 Q. But you do understand that between the 20th and the 23rd 12 some information was developed by the FBI and you were told to 13 go back and look for something? 14 A. That's correct. 15 MR. BAUGH: All right. Thank you. 16 MR. RICCO: Your Honor, we have a couple of 17 questions. 18 THE COURT: Mr. Ricco on behalf of defendant Odeh. 19 CROSS-EXAMINATION 20 BY MR. RICCO: 21 Q. Good afternoon, sir. 22 A. How do you do, sir. 23 Q. You told us that when you went into 43 Runda Estates that 24 you were wearing a Tyvek suit? 25 A. Correct. 2361 1 Q. And the Tyvek suit serves two purposes? 2 A. Correct. 3 Q. One is it keeps you from coming into contamination with 4 anything? 5 A. Right. 6 Q. And it also prevents you from introducing substances into 7 the area that you're searching? 8 A. That's correct. 9 Q. And that's a very important, both concerns are very 10 important to your investigation, isn't that correct? 11 A. That would be correct. 12 Q. Because what you don't want to do is to infiltrate an area 13 or affect it by something that you brought from the outside? 14 A. Correct. 15 Q. And of course you want to protect your safety? 16 A. Right. 17 Q. Now, you also told us that you worked with items that were 18 sealed and closed after they were swabbed? 19 A. Right. 20 Q. The purpose of sealing those items again is to preserve 21 the integrity of that which you find, isn't that correct? 22 A. That's correct. 23 Q. Because what you don't want to do is mix items together in 24 the same envelope or the same package, correct? 25 A. Correct. 2362 1 Q. Because when they're mixed together one can rub against 2 the other and you have an improper finding? 3 A. That's correct. 4 MR. RICCO: No further questions. 5 Oh, one further question. I'm sorry. 6 Q. After you left Runda Estates on the 20th, was that place 7 left under guard? 8 A. You know I don't recall. 9 MR. RICCO: No further questions. Thank you very 10 much, your Honor. 11 THE COURT: Anything further of this witness? 12 MR. BUTLER: No, your Honor. 13 THE COURT: Thank you. You may step down. 14 (Witness excused) 15 MR. BUTLER: Your Honor, the government calls Special 16 Agent Stephen Haug) 17 STEPHEN M. HAUG, 18 called as a witness by the government, 19 having been duly sworn, testified as follows: 20 DIRECT EXAMINATION 21 BY MR. BUTLER: 22 Q. Special Agent Haug, how are you employed? 23 A. I'm employed by the Federal Bureau of Investigation. 24 Q. How long have you been with the FBI? 25 A. Approximately five and a half years. 2363 1 Q. Are you assigned to any particular unit or division? 2 A. Yes. I'm assigned to the Newark, New Jersey division. 3 Q. Do you have any special training? 4 A. Yes, I do. 5 Q. What's that? 6 A. As a Special Agent I was assigned to Quantico for 16 and a 7 half week training, new agent training at Quantico prior to 8 arriving at the Newark division. 9 Q. Are you on any particular team in Newark? 10 A. Yes. I am currently a team leader for one of our evidence 11 response teams. 12 Q. And did there come a time when you were received an 13 assignment to travel overseas? 14 A. Yes. 15 Q. And where did you go? 16 A. I went to Nairobi, Kenya. 17 Q. And approximately when did you arrive in Nairobi? 18 A. I believe it was the 12th or 13th of August of 1998. 19 Q. Now, drawing your attention to the afternoon of August 20, 20 1998, where were you? 21 A. I was assigned to go to assist in the conducting of a 22 search at 43 Runda Estates in Nairobi. 23 Q. And what particularly were you assigned to do at that 24 time? 25 A. I was assigned to coordinate the search efforts of the 2364 1 other members of the evidence response team. 2 Q. And what was your role in the search? 3 A. For the collection part of the evidence I seized the 4 evidence. I was the team leader. 5 Q. What would you do with these items once you received them? 6 A. Once they were photographed and documented they would be 7 placed, depending on the type of evidence, into a plastic or 8 paper bag. The bag would then be sealed with evidence tape 9 and then I would date and initial the seal on the bag. 10 Q. Did there come a time when you received a Time Magazine 11 during the course of the search? 12 A. Yes, there was. 13 Q. How did you receive the Time Magazine? 14 A. I received it from another agent who was part of the 15 search. 16 Q. Did you receive any other documents along with the Time 17 Magazine? 18 A. Yes. With that Time Magazine was an additional magazine, 19 I believe it was in Arabic, and maybe one or two other pieces 20 of documents, mail, things of that nature. 21 Q. What did you do with these items once you received them? 22 A. All of those items were placed into a single ziplock bag. 23 I zipped the bag sealed, placed a red evidence tape around the 24 seal of that bag, dated and initialled that bag. 25 Q. Let me approach with what has been previously marked as 2365 1 Government Exhibit 750. Do you recognize Government Exhibit 2 750? 3 A. Yes. 4 Q. How do you recognize 750? 5 A. I recognize my initials and the date on the evidence tag 6 of that bag. This was the bag that I placed all of these 7 items into. 8 Q. Do these items appear substantially the same as the time 9 you received them on August 20, 1998? 10 A. With the exception of being processed, yes. 11 MR. BUTLER: I would offer Government Exhibit 750 at 12 this time, your Honor. 13 THE COURT: Received. 14 (Government's Exhibit 750 received in evidence) 15 MR. BAUGH: No objection. 16 MR. BUTLER: No further questions, your Honor. 17 THE COURT: Anything further of this witness? 18 CROSS-EXAMINATION 19 BY MR. WILFORD: 20 Q. Agent Haug, do I pronounce it correctly? 21 A. Yes. 22 Q. Good afternoon. 23 A. Good afternoon. 24 Q. Sir, when you were conducting the collection of evidence 25 as a team leader were you wearing gloves? 2366 1 A. Yes, sir. 2 Q. And the reason for your wearing gloves was to prevent any 3 of your fingerprints or anything from getting on the materials 4 that you were collecting, isn't that correct? 5 A. Yes, sir. 6 MR. WILFORD: Thank you. Nothing further. 7 THE COURT: Thank you, Agent. You may step down. 8 (Witness excused) 9 MR. BUTLER: The government calls Agent Roger 10 Stanton. 11 ROGER C. STANTON, 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. How are you employed, Agent Stanton? 17 A. I am a Special Agent with the FBI. 18 Q. How long have you been with the FBI? 19 A. Approximately five and a half years. 20 Q. Have you received any special training? 21 A. Yes. I am assigned duties as a Special Agent bomb 22 technician. 23 Q. And where were you assigned in August of 1998? 24 A. To the Columbia, South Carolina division of the FBI. 25 Q. Did there come a time when you traveled overseas to 2367 1 Nairobi, Kenya in connection with your duties as a bomb 2 technician? 3 A. Yes. 4 Q. And approximately when did you arrive in Nairobi? 5 A. Approximately August 11th, 1998. 6 Q. And directing your attention to the morning of August 7 23rd, 1998, do you recall where you were on that date? 8 A. Yes. I was assigned along with a search team to 43 Runda 9 Estates. 10 Q. And what did you do once you got to 43 Runda Estates? 11 A. When I got to Runda Estates I was assigned duties to help 12 collect evidence. 13 Q. And did you do anything in preparation for your evidence 14 collection? 15 A. Yes, I had placed a Tyvek suit on my body, around my body. 16 Q. And where in particular did you go when you entered 43 17 Runda Estates? 18 A. The area that I went to search was the patio area of the 19 residence. 20 Q. And where is the patio area located? 21 A. As you come in the driveway to the residence you kind of 22 come in the gate on the property. There is a garage first, 23 and then there is the main residence. So you'll come by the 24 garage first, and then in between the main residence and the 25 garage there is a like a ceramic tile patio area. 2368 1 Q. And did you see anything on that ceramic tile when you 2 entered the patio area? 3 A. Yes. As I walked along the patio area in the back rear 4 left hand, left-side area I had seen some gray powder, 5 silver-like powder. 6 Q. What did you do once you saw that gray or silver powder? 7 A. I went ahead and took some swabbing samples of that 8 material. 9 Q. Do you recall about how many swabbings you took? 10 A. I think at least three swabs I believe. Several swabs 11 were done. 12 Q. And what did you use to take the swabbings? 13 A. I went to the evidence control technician for that search 14 and he had given me some vials, some gloves, forceps, regular 15 cotton swabs and alcohol cotton swabs. 16 Q. And were photographs taken of that area? 17 A. Yes, they were. 18 MR. BUTLER: Please show for identification purposes 19 only what has been previously marked as Government Exhibit 20 792E. 21 Q. Do you recognize Government Exhibit 792E? 22 A. Yes, I do. 23 Q. What's depicted in 792E? 24 A. That's the patio area. 25 MR. BUTLER: I offer 792E at this time, your Honor. 2369 1 THE COURT: Received. 2 (Government's Exhibit 792E received in evidence) 3 Q. Do you see generally is this the area from where you took 4 swabbings in the patio area? 5 A. Yes, sir. If you look at the entrance that has the sort 6 of oval opening, the doorway, it was just before that on the 7 patio floor. 8 MR. BUTLER: And could we please display just for 9 identification purposes what's been previously marked as 10 Government Exhibit 792F. 11 Q. Do you recognize what's depicted in 792F, Agent Stanton? 12 A. Yes, I do. It's the gray silver powder that I identified 13 as I walked toward that area of the patio. 14 MR. BUTLER: I offer 792F at this time, your Honor. 15 THE COURT: Received. 16 (Government's Exhibit 792F received in evidence) 17 Q. If you can, could you try to point out for the jury where 18 you saw this gray metallic powder. Maybe if you could turn 19 the screen toward the jury. 20 (Witness left stand) 21 A. The gray metallic powder that I had seen is right here in 22 this area (indicating). 23 (Witness resumed stand) 24 Q. Now, after you took these swabbins, Agent Stanton, what 25 did you do with them? 2370 1 A. I placed them in vials and sealed them and dated it and 2 wrote my name on it. 3 Q. Agent Stanton, I placed before you what has been 4 previously marked as Government Exhibits 780 through 783. I 5 just ask you to tell us whether you recognize those items? 6 A. I'm looking at Government Exhibit 780 and on the vial I 7 can see my handwriting and it's the, for 780 it says alcohol 8 control sample, 8/23/98, SAR Stanton. 9 Q. Could you just take a look at 781, 782 and 783 and let us 10 know whether you recognize those? 11 A. Yes, sir. I recognize all three of those. 12 Q. How do you recognize them? Do your initials appear on 13 those items as well? 14 A. Yes, sir. I have the date and I have my name written SAR 15 Stanton. 16 MR. BUTLER: I offer Government Exhibit 780 through 17 783 at this time, your Honor. 18 THE COURT: Received. 19 (Government's Exhibits 780 through 783 received in 20 evidence) 21 Q. Now, did you ever enter the garage area during this day, 22 Agent Stanton? 23 A. Yes, sir. 24 Q. And what did you see once you entered the garage area? 25 A. As I was in the garage area. I walked over to the garage 2371 1 doors, and I identified the same silver-type powder on the 2 garage door, something like there are wood pieces that may be 3 on the garage door with an area where something could sit on 4 top of it, and there was gray, that same silver-gray powder 5 was on those areas. 6 Q. This was similar to the powder that you saw in the 7 courtyard where you took your swabbings? 8 A. Yes, it was. 9 MR. BUTLER: No further questions, your Honor. 10 THE COURT: Anything further of this witness? 11 MR. BAUGH: No, your Honor. 12 THE COURT: Thank you. You may step down. 13 (Witness excused) 14 THE COURT: The government may call its next witness. 15 MR. BUTLER: The government calls agent Icey Jenkins, 16 your Honor. 17 ICEY LOU JENKINS, 18 called as a witness by the government, 19 having been duly sworn, testified as follows: 20 DIRECT EXAMINATION 21 BY MR. BUTLER: 22 Q. Agent Jenkins, how are you employed? 23 A. I'm a Special Agent with the FBI. 24 Q. And how long have you been with the FBI? 25 A. 14 years in June. 2372 1 Q. And do you have any special training? 2 A. Yes. I'm a member of the rapid deployment team and also 3 the evidence response team. 4 Q. And where were you assigned in August of 1998? 5 A. To the international terrorism squad at the Washington 6 field office in DC. 7 Q. And did there come a time when you received an assignment 8 to travel overseas to Nairobi Kenya? 9 A. Yes, sir. 10 Q. And when did you arrive in Nairobi? 11 A. Approximately August 9th of 1998. 12 Q. And drawing your attention to the morning of August 23, 13 1998 where were you on that morning? 14 A. We started out in the command post but then we took a bus 15 to number 43 Runda Estates. 16 Q. And what did you do after 43 Runda Estates? 17 A. We conducted a search of premise. 18 Q. And what particular, what in particular did you do to 19 conduct the search? 20 A. I had the outer grounds. 21 Q. How did you search the outer grounds? 22 A. Myself and two other agents formed almost a grid-type line 23 and conducted a search of the entire outside area of the 24 estate. 25 Q. What did you find during your search of the grounds of the 2373 1 estate? 2 A. Personally I found two pieces of wire and a piece of black 3 electrical tape. 4 Q. And do you recall approximately where you found these 5 items? 6 A. Yes. They were on what we referred to as the east side of 7 the garage right near the one of the front doors. 8 MR. BUTLER: If we could just display what's been 9 previously entered as Government Exhibit 582. 10 Agent Jenkins, if you could just step down for a 11 moment. 12 (Witness left stand) 13 Q. If you could indicate to the jury just generally where you 14 found the items on that sketch? 15 A. Right here is the first door, and the items were 16 approximately right here (indicating). 17 MR. BUTLER: You can sit back down in the witness 18 stand. 19 (Witness resumed stand) 20 MR. BUTLER: If we could show what's been previously 21 marked as Government Exhibit 567G previously entered into 22 evidence. 23 Q. Do you recognize what's depicted in this photograph? 24 A. Yes, that's the front of the garage from the estate. 25 Q. And if you could just, again, maybe just orally indicate 2374 1 to the jury where on what side of the garage you found those 2 items? 3 A. Facing the garage it would be on your right side to these 4 two flower beds. 5 Q. What did you do with these items once you found them? 6 A. We just stood by them because we were starting to finish 7 up the search, so we waited until we could get some clean 8 gloves and then we bagging the items. We also photographed 9 them first before we picked them up. 10 Q. I'm going to place before you what has been previously 11 marked as Government Exhibits 784, 785 and 786. 12 Do you recognize those items? 13 A. Yes. 14 Q. What is 784? 15 A. 784 is one of the pieces of wiring. 16 Q. How about 785? 17 A. 785 is another piece of wiring, it looks like. 18 Q. What is 786? 19 A. 786 is a piece of black electrical tape. 20 Q. How do you recognize these items? 21 A. By the bags that they are in and the writing on the front. 22 MR. BUTLER: I would offer Government Exhibit 784, 85 23 and 86 at this time, your Honor. 24 THE COURT: Received. 25 (Government's Exhibits 784, 785 and 786 received in 2375 1 evidence) 2 MR. BUTLER: If we could display just for 3 identification purposes what has been previously marked as 4 Government Exhibit 792H. 5 Q. Agent Jencks, do you recognize what's depicted in 6 Government Exhibit 792H? 7 A. Yes, that is a picture of the wiring and the masking tape, 8 the electrical tape. 9 Q. Is this in the general area where you found them? 10 A. Yes, that that's exactly where they were. 11 MR. BUTLER: I offer Government Exhibit 792H at this 12 time, your Honor. 13 THE COURT: Received. 14 (Government's Exhibit 792H received in evidence) 15 MR. BUTLER: If we could display that to the jury 16 please. 17 Q. Again, Agent Jenkins, this is where you found those items? 18 A. That's correct. 19 Q. And the structure, what's the white structure? 20 A. It's a little bit difficult to make out, but to the left 21 you can see the front door, and in the frame is the black item 22 in the middle. 23 Q. What is that to? 24 A. The frame to the front of the garage door. 25 MR. BUTLER: No further questions, your Honor. 2376 1 THE COURT: Anything further of this witness? 2 MR. WILFORD: No questions, your Honor. 3 THE COURT: Very well. You're excused. 4 (Witness excused) 5 THE COURT: We'll take our afternoon recess. 6 (Recess) 7 (In open court; jury not present) 8 MR. FITZGERALD: Just note for the record our 9 schedule for this morning is slightly amended. An agent named 10 Dan Gorman man is right after Lisa Foster Martin, a brief 11 chain of custody witness. I want to alert counsel. 12 THE COURT: I have spoken to the juror who asked to 13 be off on March 22 and she has said that she could sit on that 14 day if we started a little late, like around 10 which would 15 translate to 11 for us, and so we will work that out. 16 (Continued on next page) 17 18 19 20 21 22 23 24 25 2377 1 (Jury present) 2 THE COURT: A week from Thursday on the 22nd of March 3 we'll start a little later than usual, and we'll work it out 4 with the Marshals. I'll remind you when somebody reminds me. 5 The government may call its next witness. 6 MR. BUTLER: Your Honor, the government calls Agent 7 Chris Newcomer. 8 CHRISTOPHER W. NEWCOMER, 9 called as a witness by the government, 10 having been duly sworn, testified as follows: 11 DIRECT EXAMINATION 12 BY MR. BUTLER: 13 Q. Agent Newcomer, how are you employed? 14 A. I'm a Special Agent with the FBI. 15 Q. And how long have you been with the FBI? 16 A. For five years. 17 Q. Where were you assigned, what office were you assigned to 18 in August of 1998? 19 A. The Houston division. 20 Q. Do you have any special training? 21 A. I do. I am a certified technically trained agent with the 22 FBI. I've also been through evidence response team 23 certification. 24 Q. And were you one of the agents that was sent to Nairobi, 25 Kenya in August of 1998? 2378 1 A. Yes, I was. 2 Q. Approximately when did you arrive? 3 A. Approximately the second week of August of '98. 4 Q. Drawing your attention to the morning of August 23, 1998 5 do you recall where you were then? 6 A. I do. 7 Q. Where were you? 8 A. I was part of a search team going to conduct a search at 9 Runda Estates. 10 Q. And what was your assignment that day? 11 A. My particular assignment was photographer. 12 Q. While you were taking photographs did you take photos of 13 the garage area at 43 Runda Estates? 14 A. I did. 15 Q. And while taking photographs of the garage area did you 16 come across any items? 17 A. I did. 18 Q. Could you tell us what happened? 19 A. While taking pictures in the garage in order to get a 20 better lighting on some of metallic-looking powder that was on 21 one of the door ledges I opened the garage door up. Upon 22 opening the garage I found a small piece of metal between the 23 door and the doorjamb itself. 24 Q. I want to approach with what has been previously marked as 25 Government Exhibit 779. Do you recognize Government Exhibit 2379 1 779? 2 A. I do. 3 Q. What is Government Exhibit 779? 4 A. That is the piece of metal that I found between the door 5 and the doorjamb. 6 Q. After you found it what did you do? 7 A. After I located it, after I found it I notified one of the 8 other search agents to collect it. They collected the 9 evidence, placed it in a plastic bag sealed it and again 10 returned the bag to me for me to initial off on. 11 Q. Did you initial the bag? 12 A. I did. 13 MR. BUTLER: Your Honor, I offer Government Exhibit 14 779 at this time. 15 THE COURT: Received. 16 (Government's Exhibit 779 received in evidence. 17 Q. Did you take a photograph of this item? 18 A. I did. 19 MR. BUTLER: Can we display just for identification 20 purposes what has been previously marked as Government Exhibit 21 792I. 22 Q. Let's do it the old fashion way. Let me show you a 23 photograph what has been previously marked as 792I. 24 Do you recognize what is depicted in Government 25 Exhibit 792I? 2380 1 A. I do. 2 Q. What is that? 3 A. That is the photograph that I did take while in Kenya, and 4 on the photograph is this metal piece of metal. 5 Q. Where is the location depicted in 792I? 6 A. Between the door and the doorjamb of the garage. 7 MR. BUTLER: Your Honor, I offer Government Exhibit 8 792I at this time. 9 THE COURT: Received. 10 (Government's Exhibit 792I received in evidence) 11 MR. BUTLER: If the system is working now can we 12 display it to the jury, please. 13 Q. If you could just maybe turn the screen around, if you 14 could just show the jury with the pointer where you saw the 15 metal object in 792I? 16 A. (Witness pointing). 17 MR. BUTLER: Your Honor, may I approach with what has 18 been previously marked as Government Exhibit 779P2 for 19 identification. 20 Q. Do you recognize what's in Government Exhibit 779P2? 21 A. This would appear to be the same metal object though I 22 didn't take this photograph. 23 Q. Is that a fair and accurate representation of the piece of 24 metal that you seized that day on August 23, 1998? 25 A. Yes, it is. 2381 1 MR. BUTLER: Your Honor, I offer 779P2 at this time. 2 THE COURT: Received. 3 (Government's Exhibit 779P2 received in evidence) 4 MR. BUTLER: If we could plays display that to the 5 jury. No further questions. 6 THE COURT: Anything with this witness? 7 Mr. Wilford. 8 CROSS-EXAMINATION 9 BY MR. WILFORD: 10 Q. Good afternoon, Agent Newcomer. 11 A. Good afternoon. 12 Q. How you do, sir? 13 A. Doing well. 14 Q. Sir, when you found the metal object you didn't touch it, 15 right? 16 A. That's correct, sir. 17 Q. You just look at it, observed it and notified an evidence 18 collection member of the team, right? 19 A. That's correct. 20 Q. And that person handled the object with gloves? 21 A. Yes. 22 Q. They didn't touch it with their hands, right? 23 A. Not that I'm aware of, sir. 24 Q. Then they placed it in the sealed envelope and you signed 25 off on it, right? 2382 1 A. Yes. 2 MR. WILFORD: Nothing further. Thank you. 3 BY MR. BAUGH: 4 Q. Special Agent Newcomer, the photograph is taken of the 5 exhibit before it's picked up? 6 A. Yes. 7 Q. Do agents routinely carry cameras with them as part of 8 investigation? 9 A. As part of the search team as part of an evidence response 10 team there is usually one assigned photographer, somebody who 11 has special training in photography in this case was me. I 12 have advanced training in photography certification, and I did 13 take two cameras with me to Africa for the purpose of 14 photographing crime scenes. 15 Q. Do you take over investigative tools with you such as tape 16 recorders and calipers and stuff like that as well? 17 MR. BUTLER: Objection, your Honor, to the form. 18 THE COURT: I'll overrule the objection. 19 MR. BAUGH: Thank you. 20 Q. Do you carry things like that with you, too? 21 A. Usually, yes, sir. 22 Q. And lastly, or two more questions. One, the large number, 23 there were a large number of agents in Kenya during that time. 24 Did you all have radio communication between each other so if 25 you needed some other agents you could radio them and get 2383 1 assistance? 2 A. I didn't have a radio. I don't recall whether or not 3 there was a radio with the group. I believe that if there 4 were using current bureau technology there were no repeaters 5 in place, so we may have been beyond the distance that even a 6 normal hand-held radio would have reached back to the command 7 post. 8 Q. My last question. While these various teams are going 9 out, some picking up evidence, some interviewing witnesses and 10 all that, was there a command structure to coordinate the 11 activities of all these various groups? 12 A. Yes, sir. 13 MR. BAUGH: Thank you, sir. No further questions. 14 THE COURT: Thank you, Agent. You may step down. 15 (Witness excused) 16 MR. BUTLER: The government calls Agent Kenneth 17 Kempf. 18 KENNETH E. KEMPF, 19 called as a witness by the government, 20 having been duly sworn, testified as follows: 21 DIRECT EXAMINATION 22 BY MR. BUTLER: 23 Q. Agent Kempf, how are you employed? 24 A. Fine, thank you. 25 Q. How are you employed, sir? 2384 1 A. Oh, sorry. I'm with the Federal Bureau of Investigation. 2 Q. And how long have you been an agent with the FBI? 3 A. A little over twenty-one years. 4 Q. And where were you assigned in August of 1998? 5 A. I was assigned to the Houston division. 6 Q. And were you assigned to any particular unit or division? 7 A. Yes, I was part of the Houston division evidence response 8 team. 9 Q. Were you one of the agents that was sent to Nairobi, Kenya 10 in August of 1998? 11 A. Yes, I was. 12 Q. And approximately when did you arrive? 13 A. We approximately arrived there second week of August, 14 August 10th. 15 Q. Drawing your attention to the morning of August 23, 1998, 16 do you recall where you were on this day? 17 A. Yes. We were, it was a group of the ERT members that were 18 put together that were asked to go to a particular residence 19 to assist in a search. 20 Q. Do you recall where that residence was? 21 A. It was called the Runda Estates. 22 Q. And what was your assignment as part of the search that 23 day? 24 A. I was part of the search team of, I was more or less the 25 team leader that got the ERT guys together and girls, and 2385 1 basically put, gave some assignments out to different areas to 2 search. 3 Q. Did you also actively participate in the search? 4 A. Yes, I did. 5 Q. And what did you do? 6 A. Initially we went directly to the house and we did 7 primarily, the house was empty so the majority of the time we 8 were in there we were dusting for fingerprints primarily. 9 Q. Did you also seize items during the course of that search? 10 A. We seized approximately fifty items. 11 Q. Were any of those items plumbing items? 12 A. Yes. We seized, I seized two sink trap drains at the 13 bottom of a couple of sinks outside. 14 Q. Do you recall from about what area you seized those sink 15 drain traps from? 16 A. We called it the servant area that was attached to the 17 garage which was detached from the house. 18 Q. And were photos taken of this area? 19 A. Yes. 20 MR. BUTLER: Can we pull up just for identification 21 purposes what's been previously marked as Government Exhibit 22 792J. 23 Q. Agent Kempf, do you recognize Government Exhibit 792J? 24 A. Yes, I do. 25 Q. What is depicted in Government Exhibit 792J? 2386 1 A. It's the small sink that was attached to the servant area. 2 MR. BUTLER: I offer Government Exhibit 792J at this 3 time, your Honor. 4 THE COURT: Received. 5 (Government's Exhibit 792J received in evidence. 6 Q. The room that's leading into the sink area, what room is 7 that, Agent Kempf? The larger room on the other side of the 8 door the first room that you see in that photograph. 9 A. The first room it appeared to be a bedroom type. It was 10 empty room. 11 Q. What was the area where the sink was located again? 12 A. I would have considered that just right outside the 13 servants bedroom. 14 Q. Where was the garage in relationship to this sink? 15 A. The garage would have been as looking out of this door to 16 the right. 17 Q. When you took these sink drain traps, what did you do with 18 them? 19 A. I packaged the traps in tin cans, sealed them, dated them, 20 initialed them. 21 Q. Agent Kempf, I placed before you what has been previously 22 marked as Government Exhibits 777 and 778. 23 Do you recognize those items? 24 A. Yes, I do. It has my initials. Item number 37, yes. 25 Q. How about the other item, Government Exhibit 778, do you 2387 1 recognize that one? 2 A. I'm going to have to open this. Yes, I do. 3 MR. BUTLER: I would offer Government Exhibits 777 4 and 778 at this time. 5 THE COURT: Received. 6 (Government's Exhibits 777 and 778 received in 7 evidence) 8 MR. BUTLER: No further questions. 9 THE COURT: Anything further of this witness? 10 MR. BAUGH: No questions. 11 THE COURT: Thank you. You may step down. 12 (Witness excused) 13 MR. BUTLER: Government calls Agent Alisa Foster. 14 ALISA FOSTER, 15 called as a witness by the government, 16 having been duly sworn, testified as follows: 17 Q. Agent Foster, how are you employed? 18 A. I'm a FBI special agent assigned to the Washington field 19 office. 20 Q. How long have you been at the Washington field office? 21 A. For approximately five years. 22 Q. Are you assigned to any particular team? 23 A. Yes, sir, I'm evidence response team member. 24 Q. Drawing your attention to August 1998 were you one of the 25 agents that was sent to Nairobi, Kenya? 2388 1 A. Yes, sir, I was. 2 Q. Approximately when did you arrive in Nairobi? 3 A. I arrived in Nairobi approximately August 27th and 28th 4 towards the end of August. 5 Q. Just so we are clear, what was your name back in August of 6 1998? 7 A. Alisa Martin. I have been married since that time. 8 Q. When you went to Nairobi who went with you? 9 A. Three other members of the evidence response team from 10 WFO, Susan Mitchell, Robin Bonner and Michelle Carr. 11 Q. Now, moving ahead to September 2, 1998, were you assigned 12 any particular duties on that day as part of your 13 responsibility for the evidence response team? 14 A. Yes, sir, I was, I was assigned to go to Comoros Islands, 15 and search two residences. 16 Q. And where are the Comoros Islands located? 17 A. They're off the East Coast of Africa. 18 Q. And when did you arrive there? 19 A. I arrived there about 7 or 8 o'clock in the morning on 20 September 2nd. 21 Q. And where were you assigned to search? 22 A. We were assigned to search Harun's home and also Bebe's 23 home. 24 Q. These were locations described to you by whom? 25 A. By the supervisor in charge on the scene. 2389 1 Q. Which location did you go to first? 2 A. We went to Harun's residence first. 3 Q. And about what time of the day was it that you arrived at 4 Harun's location, you knew as Harun's residence? 5 A. That was about noon. 6 Q. And who was with you? 7 A. There were local gendarmerie or the local police were 8 there. There were also FBI LA SWAT team members who were 9 acting as security and investigators and Susan Mitchell. 10 Q. And who is Susan Mitchell? 11 A. Susan Mitchell is a team member from WFO, Washington 12 field. 13 Q. How did you get inside this location? 14 A. The local police went into the residence to make sure that 15 was safe, and then they did a preliminary search, and then the 16 FBI LA SWAT team members went in, and searched the, or 17 actually made sure it was secure again, and searched. 18 And then when they found evidence they thought was 19 pertinent, they called Susan. Susan and I went in at that 20 point. 21 Q. What was your particular role in the search? 22 A. I was the seizing agent. 23 Q. What does the seizing agent do? 24 A. The seizing agent collects all the evidence, to make sure 25 that it's sealed properly, and then maintains custody or 2390 1 control until it is transported to an evidence room. 2 Q. Could you please describe just generally for the jury what 3 the location looked like that you searched, that first 4 location? 5 A. Harun's home was a small house. When you enter the front 6 door there was a small bed to the left. There was a chair, 7 and also a small table. There was a larger bed in the corner 8 of that room. To the right was a small kitchen, and then if 9 you went between the two beds that was acting like it was a 10 living room-bedroom, if you went through those the end to the 11 back there was another small bedroom. 12 (Continued on next page) 13 14 15 16 17 18 19 20 21 22 23 24 25 2391 1 Q. Generally what types of items were seized that day? 2 A. There was two briefcases. There was a pair of hiking 3 boots. There was miscellaneous magazines and newspapers. 4 There were some articles or letters with handwriting that was 5 in a language other than English. And there was some hair, I 6 don't know if it was fake hair or real hair, that was found. 7 Q. Did you see any briefcases there that day? 8 A. Yes, I did. There were two briefcases. 9 Q. Do you remember anything about these briefcases? 10 A. There was a black briefcase that when it was brought to 11 me, I opened it up and I looked through preliminarily and I 12 saw there were several passports, there were airline tickets, 13 and these were all in numerous different names. I recognized 14 Harun's name because that was one name that I had been given. 15 And there were also a few items of clothing in that briefcase. 16 Q. What did you do with the briefcase once you saw these 17 documents inside the briefcase? 18 A. I put it into an evidence bag, a paper bag, and then wrote 19 a brief description of the briefcase, the agent's name who 20 gave it to me, and the location where he found it. 21 Q. Just to be clear, what is it that you put into the paper 22 bag? 23 A. I put the briefcase. When I opened the briefcase, I saw 24 what was in it, I shut the briefcase, and I put the briefcase 25 with all of its contents into the paper bag. 2392 1 Q. Agent Foster, I have placed before you what has been 2 previously marked as Government's Exhibit 900. Do you 3 recognize Government's Exhibit 900? 4 A. Yes, sir, I do. 5 Q. How do you recognize Government's Exhibit 900? 6 A. It has my name on it, and I also just remember the 7 briefcase, because of the documents inside. 8 Q. To be clear, is that the briefcase that you obtained at 9 Harun's evidence that day? 10 A. Yes, it is. 11 MR. BUTLER: Offer Government's Exhibit 900 at this 12 time, your Honor. 13 THE COURT: It is received. 14 (Government's Exhibit 900 received in evidence) 15 Q. Agent Foster, I have now placed before you what have been 16 previously marked as Government's Exhibits 951 and 952. Do 17 you recognize those items? 18 A. Yes, I do. 19 Q. How do you recognize those items? 20 A. It has my name on the bag and I also remember the hiking 21 boots from the residence. 22 Q. You obtained these items from where? 23 A. From Harun's residence. 24 MR. BUTLER: I offer Government's Exhibits 951 and 25 952 at this time, your Honor. 2393 1 THE COURT: Received. 2 (Government's Exhibits 951 and 952 received in 3 evidence) 4 Q. I place before you what has been previously marked as 5 Government's Exhibit 953 for identification, and I will ask 6 you to open the bag and just look inside and see if you 7 recognize Government's Exhibit 953? 8 A. Yes, I do. 9 Q. What is Government's Exhibit 953? 10 A. This is hair, or fake hair taken from one of the hiking 11 boots at Harun's residence. 12 Q. How do you recognize Government's Exhibit 953? 13 A. From memory, and also my writing and name is on the 14 packaging. 15 MR. BUTLER: Your Honor, I offer Government's Exhibit 16 953 at this time. 17 THE COURT: Received. 18 (Government's Exhibit 953 received in evidence) 19 Q. Agent Foster, I place before you two items. The larger 20 item, I believe, has been marked as Government's Exhibit 955, 21 and the smaller item 954, and I will just ask if you recognize 22 those items? 23 A. I need something to open this -- no, I am sorry, I've got 24 it. 25 Yes, I do. 2394 1 Q. How do you recognize those items? 2 A. I recognize them, some from memory and also my name and my 3 writing is on the containers. 4 Q. What is in Government's Exhibit 954 and 955? 5 A. Clothes taken from Harun's residence, from the back 6 bathroom mostly in the larger container, and the small 7 container, items of clothing found in the black briefcase. 8 MR. BUTLER: Your Honor, I would offer 954 and 955 at 9 this time. 10 THE COURT: Yes, received. 11 (Government's Exhibits 954 and 955 received in 12 evidence) 13 Q. Agent Foster, about how long did this first search last in 14 Harun's residence? 15 A. Approximately 45 minutes to an hour. 16 Q. While you were conducting the search, what was going on 17 outside? 18 A. There were 1 to 200 locals that had gathered around the 19 residence. 20 Q. What if anything did this cause you to do inside? 21 A. This just caused us to expedite the search. 22 Q. The items that you took from this first location, what did 23 you do with them? 24 A. In the residence, I took them and placed them into 25 evidence bags, and wrote a brief description of what the item 2395 1 was and what agent located it and the location that the agent 2 found it in. I then took those items and took them to a 3 vehicle outside of the residence. 4 Q. What did you do next? 5 A. We immediately went to the second search, which was Bebe's 6 residence. 7 Q. About what time did you arrive there? 8 A. Approximately 1:00. 9 Q. How did you gain access to this location? 10 A. It was the same manner as we had gone into Harun's 11 residence. The local police went in first to make sure the 12 home was secure. Then they searched. Then they called the 13 FBI L.A. SWAT team in. They did a quick security search and 14 they searched for evidence. When they found evidence that 15 they believed to be pertinent to the case they called in the 16 ERT, which would be Susan and myself. 17 Q. Could you briefly describe for the jury what this location 18 was. 19 A. This location was a larger home. When you walked in, 20 there was a dining room with a dining room table to the right. 21 There was a computer on the top of the dining room table. 22 When you walked through the house there were several bedrooms 23 and a bathroom. 24 Q. What types of items did you recover at this location? 25 A. We recovered magazines, newspaper articles about the 2396 1 bombings in Nairobi. We recovered a computer and computer 2 diskettes. We recovered from clothing items, also a duffel 3 bag with miscellaneous documents and clothing items inside the 4 duffel bag. 5 Q. Agent Foster, I have placed before you what has been 6 previously marked as Government's Exhibit 947. Do you 7 recognize Government's Exhibit 947? 8 A. Yes, I do. 9 Q. What is Government's Exhibit 947? 10 A. It is the yellowish-goldish duffel bag taken from Bebe's 11 house with miscellaneous books and newspaper articles inside 12 it. 13 MR. BUTLER: Your Honor, I would offer Government's 14 Exhibit 947 at this time. 15 THE COURT: Received. 16 (Government's Exhibit 947 received in evidence) 17 Q. What did you do with the items that you recovered from 18 this location, Agent Foster? 19 A. After we marked them for identification, we took them back 20 to the vehicle. Then we took all items seized from both 21 searches back to headquarters, the local police headquarters. 22 Q. Approximately how long were you at this location? 23 A. Less than an hour. 24 Q. What was going on outside this location? 25 A. There were hundreds of locals who had gathered around the 2397 1 residence. 2 Q. Did this cause you to do anything inside the second 3 location? 4 A. It again caused us to expedite the search. 5 Q. Where did you go after this second search? 6 A. We went to the local Comoros police headquarters. 7 Q. What did you do with the items that you seized that day at 8 the Comoros police headquarters? 9 A. When we returned to the headquarters, the local police 10 chief wanted to look at the items that we had taken from the 11 two residences. So, for example, I would take one piece of 12 evidence and it would be in a paper evidence bag. I would 13 take that evidence out. I would place it on top of the paper 14 bag and place it, not on the ground, it was like a car port 15 area. So I placed all the items out so the local police chief 16 could view the items we had taken from the residences. 17 Q. Why did you do that? 18 A. Because they were making the decision whether we could 19 take those away from the island or not. 20 Q. How long did it take before they reached their decision? 21 A. 10 p.m. that night. 22 Q. What did you do during this period of time? 23 A. I remained with the evidence, so I had control of the 24 evidence. 25 Q. While you were waiting at the Comoros police station, did 2398 1 you receive any additional items? 2 A. Yes, I did. About 7 or 7:30 that night, Special Agent 3 William Corbett came to me and told me about two items that 4 the local police had taken when we went into Harun's home and 5 Bebe's home before we went in, and they didn't tell us at the 6 time, but they told us later that night. They told Agent 7 Corbett, and they were willing to give those items up. One 8 item was a letter written in another language other than 9 English, and the second item, it appeared to be an address 10 book. 11 Q. Agent Foster, I place before you what has been previously 12 marked as Government's Exhibit 946A. Do you recognize 13 Government's Exhibit 946A? 14 A. Yes, I do. 15 Q. What is that? 16 A. It is a letter written in another language other than 17 English, possibly Arabic. 18 Q. How do you recognize that? 19 A. I recognize it because I have marked it with my name. 20 Q. Is that one of the items that you received while you were 21 at the Comoros police station? 22 A. Yes, it is. 23 MR. BUTLER: I would offer 946A at this time, your 24 Honor. 25 THE COURT: Received. 2399 1 (Government's Exhibit 946A received in evidence) 2 Q. Did the Comoros police make a decision about whether you 3 could take the items seized in the search? 4 A. Yes, they did. 5 Q. What did they decide? 6 A. They decided we could take probably 99 percent of the 7 items seized. There were a few toiletry items that they 8 wanted to return to Harun's wife, but other than that we could 9 take them. 10 Q. What did you with the items seized? 11 A. We repackaged the evidence and put it into a vehicle and 12 we spent the night -- since it was quite late we went to a 13 hotel, and at the hotel we did the final sealing of the 14 evidence. 15 Q. Once again regarding the black briefcase that has been 16 entered into evidence as Government's Exhibit 900, what did 17 you do with respect to the black briefcase? 18 A. I sealed it and I finished writing the description on the 19 bag and remained with the evidence until the next day. 20 Q. Were the documents still inside the briefcase when you 21 sealed up the briefcase? 22 A. Yes. 23 Q. When did you leave the Comoros? 24 A. We left early the next morning. 25 Q. Where did you go? 2400 1 A. We left to return back to Nairobi. 2 Q. What did you do with the items you seized once you 3 returned to Nairobi? 4 A. We took them immediately to CID headquarters, to the 5 evidence room. 6 Q. Specifically with regard to the black briefcase, 7 Government's Exhibit 900, do you know what you did with the 8 black briefcase? 9 A. Yes, sir. Shortly after we returned I gave the black 10 briefcase to Special Agent Mike Anticev. 11 MR. BUTLER: Your Honor, we have one more topic to 12 cover with Agent Foster. 13 THE COURT: How long? 14 MR. BUTLER: Another 10 minutes or so. 15 THE COURT: Is that all right? Thank you. 16 Q. Agent Foster, drawing your attention to September 7, 1998, 17 were you given a particular assignment in connection with your 18 ERT duties on that date? 19 A. Yes, sir, I was. 20 Q. What was the assignment that you received on September 7? 21 A. We were assigned to search a small white Datsun truck. 22 Q. Where was that truck located? 23 A. It was located under a carport at CID headquarters. 24 Q. Did you take any pictures of the truck during the search? 25 A. Yes, sir, we did. 2401 1 MR. BUTLER: I would like to please display just for 2 identification purposes what has been previously marked as 3 Government's Exhibit 960A. 4 Q. Do you recognize this series of photographs in 5 Government's Exhibit 960A? 6 A. Yes, sir. 7 Q. What is Government's Exhibit 960A? 8 A. It is photographs of the white Datsun truck that we 9 searched on September 9. 10 Q. Are these fair and accurate representations of the truck 11 that you searched? 12 A. Yes, it is. 13 MR. BUTLER: Your Honor, I would offer Government's 14 Exhibit 960A at this time. 15 THE COURT: It is received. 16 (Government's Exhibit 960A received in evidence) 17 MR. BUTLER: Now would you please display them to the 18 jury. 19 Q. Who was with you object on this search? 20 A. It was the same team that came from Washington. It was 21 Robin Bonner, Michelle Carr, and Susan Mitchell. There were 22 also some bomb technicians from headquarters. 23 Q. What did the bomb technicians do? 24 A. One technician put a Ty-Vec suit on and took one swabbing 25 of the vehicle, and he also made sure that there were no 2402 1 explosive devices inside the vehicle and that it was safe for 2 us to search it. 3 Q. Were any explosive devices found on the truck? 4 A. No, sir. 5 Q. What was your role in the search of the truck that day? 6 A. I was responsible for part of the swabbings of the 7 vehicle, for vacuuming, for obtaining loose evidence, and I 8 also super-glued some of the items that we removed from the 9 vehicle. 10 Q. Why did you super-glue items? 11 A. We felt that -- it is possible to super-glue an item and 12 send it back to FBI lawyers, to the lab. It's for 13 fingerprints. We can dust there but it is always better to -- 14 the super glue -- it is literally super-glue vapors, and it 15 kind of hardens any prints that we find on the item. And then 16 headquarters can process it. 17 Q. In preparation for taking the swabbings, what did you do? 18 A. I put on a Ty-Vec suit. 19 Q. Anything else? 20 A. There was a control swab taken of the suit and also of my 21 gloves. 22 Q. How did you swab the truck? 23 A. We have a vial of cotton balls and forceps. You take the 24 forceps, you get a cotton ball, and you swab different areas 25 of the truck. And you take that cotton ball and you put it 2403 1 into a separate individual glass vial and seal it. 2 Q. What parts of the truck did you swab? 3 A. I swabbed portions of the bed and I also swabbed some of 4 the interior of the truck. 5 Q. Agent Foster, I place before you what have been previously 6 marked as Government's Exhibits 970, 978, 974, and 972, and I 7 will ask if you recognize these items? I am sorry, Agent 8 Foster, I have one more, it is 980. 9 A. Yes, I do. 10 Q. What are those items? 11 A. These are swabbings that we took of the truck bed, I took 12 of the truck bed, and also a few of the interior of the truck. 13 Q. What did you do with the swabbings once you were done with 14 them? 15 A. We took the swabbings and put them into an individual 16 vial, small glass vial, and sealed it. 17 MR. BUTLER: Your Honor, I offer the exhibits at this 18 time. 19 THE COURT: Yes. 970, 974, 978, 972 and 980 20 received. 21 (Government's Exhibits 970, 972, 974, 978 and 980 22 received in evidence) 23 Q. Did you also search the cab area of the truck, Agent 24 Foster? 25 A. Yes, I did. 2404 1 Q. What did you do in the search of the cab area of the 2 truck? 3 A. I did a few things. I took the rear view mirror and 4 super-glued it. I also took the driver's side, took a razor 5 and cut the driver's side seat, the top of that out. I 6 believe I located a couple of loose items. 7 Q. Were photos taken of the cab area of the truck? 8 A. Yes, sir, they were. 9 MR. BUTLER: Can we display just for identification 10 purposes what has been previously marked as Government's 11 Exhibit 960B. 12 Q. Do you recognize what is depicted in Government's Exhibit 13 960B, Agent Foster? 14 A. Yes, sir, that is the interior of the truck. 15 MR. BUTLER: Your Honor, I would offer 960B at this 16 time. 17 THE COURT: Received. 18 (Government's Exhibit 960B received in evidence) 19 Q. I place before you, Agent Foster, what have been marked as 20 Government's Exhibits 988, 984A through C, and 990, and ask 21 whether you recognize these items? Why don't we start with 22 the exhibit in the bag to your left. Do you recognize the 23 exhibit in the bag to your left? 24 A. Yes, I do. 25 Q. What number is that? What is the exhibit number on that? 2405 1 A. It is Exhibit 990. 2 Q. What is Exhibit 990? 3 A. It is the rear view mirror from the interior of the white 4 truck. 5 MR. BUTLER: I would offer Government's Exhibit 990 6 at this time, your Honor. 7 THE COURT: It is received. 8 (Government's Exhibit 990 received in evidence) 9 Q. Going to the next item, what item is that, Agent Foster? 10 A. This is a light cover from the truck -- actually, two -- 11 and a lug nut. 12 Q. Do you recognize those items? 13 A. Yes, sir, I do. 14 Q. Were those items that you seized from inside of the truck 15 that day? 16 A. Yes, in the glove box of the truck. 17 Q. What is the exhibit number, Agent Foster? 18 A. 984A-C. 19 Q. I would offer that exhibit at this time, your Honor. 20 THE COURT: It is received. 21 (Government's Exhibit 984A-C received in evidence) 22 Q. Lastly, the item in the large can, do you recognize that 23 item, Agent Foster? 24 A. Yes, sir, I do. 25 Q. What is that? 2406 1 A. This is the seat, the bottom of the seat that I removed 2 from the white truck. 3 Q. What is the exhibit on that item, on the side of the can? 4 A. 988. 5 MR. BUTLER: I would offer 988 at this time, your 6 Honor. 7 THE COURT: Evidence received. 8 (Government's Exhibit 988 received in evidence) 9 Q. After you seized these items, Agent Foster, what did you 10 do with them? 11 A. Sealed them and took them to the evidence room at CID 12 headquarters. 13 MR. BUTLER: No further questions, your Honor. 14 MR. BAUGH: Just one. 15 CROSS-EXAMINATION 16 BY MR. BAUGH: 17 Q. Special Agent, do you know how that address became 18 targeted as a suspect address? 19 A. No, sir, I don't. 20 MR. BAUGH: Thank you. 21 THE COURT: Mr. Wilford. 22 CROSS-EXAMINATION 23 BY MR. WILFORD: 24 Q. Good afternoon, Agent Foster. 25 A. Good afternoon. 2407 1 Q. How are you? 2 A. Good, thank you. 3 Q. Agent, when you described taking the various items from 4 several searches to CID headquarters -- is that correct? 5 A. Yes, sir. 6 Q. That was located in Nairobi? 7 A. Yes, sir. 8 Q. There they were placed in, what you said, the evidence 9 room? 10 A. Yes, sir, there was one room designated as an evidence 11 room. 12 Q. Who was in charge of that room? 13 A. While I was there, Susan Mitchell, part of my team, was in 14 charge of the room. When she left, Michelle Carr was the 15 custodian of the room. 16 Q. Was there a system for logging items into the room and 17 logging items out of the room? 18 A. Generally each item had a chain of evidence -- chain of 19 custody, excuse me. When I received something, my name would 20 be the first name or the second name on the item. Then I 21 would put it into the evidence room and that would be marked 22 on that sheet, that it was put into the evidence room. If 23 anyone took that from that room, then they would sign for that 24 item. 25 Q. When items were sent to Washington for further forensic 2408 1 examination, were they logged out? 2 A. I don't know because I never did that. I know that I was 3 told if I did take something out of the room that I would log 4 it out, but I never did that. 5 Q. Was the room locked? 6 A. Yes, sir. 7 Q. Who maintained the key? 8 A. Susan Mitchell had a key and she was our team leader. 9 Q. The key that Miss Mitchell had, she received that from the 10 Kenyan CID; is that correct? 11 A. I don't know. She was the team leader, so she talked to 12 supervisors when I wasn't present. 13 Q. The system of accountability that was employed for that 14 evidence room was the same that the FBI maintained in the 15 United States; isn't that correct? 16 A. As far as the chain of custody, yes. 17 (Continued on next page) 18 19 20 21 22 23 24 25 2409 1 MR. WILFORD: Nothing further. Thank you. 2 THE COURT: Anything further of this witness? 3 MR. BUTLER: No, your Honor. 4 THE COURT: Thank you. You may step down. 5 (Witness excused) 6 THE COURT: Thank you, ladies and gentlemen. We are 7 adjourned till tomorrow. 8 (Jury excused) 9 THE COURT: Any matters that should be addressed 10 prior to the return of the jury tomorrow? 11 MR. RICCO: No, your Honor. 12 THE COURT: I assume counsel will advise me if and 13 when it is appropriate to talk to the jury about the calendar. 14 We are adjourned until tomorrow. 15 (Proceedings adjourned until Tuesday, March 13, 2001, 16 at 9:45 a.m.) 17 18 19 20 21 22 23 24 25 2410 1 2 INDEX OF EXAMINATION 3 Witness D X RD RX 4 DONALD SACHTLEBEN.......2230 2245 2266 2267 5 JUNICHI MYAGI...........2268 2280 6 SAID SALIM OMAR.........2283 2294 7 TAMARRA RATEMO..........2295 2318 8 RONALD L. KELLY.........2320 2323 9 STEVE CASPER............2328 10 JOHN JOSEPH HUGHES......2338 2344 11 PATRICK BUCKLEY.........2346 2359 12 STEPHEN M. HAUG.........2362 2365 13 ROGER C. STANTON........2366 14 ICEY LOU JENKINS........2371 15 CHRISTOPHER W. NEWCOMER.2377 2381 16 KENNETH E. KEMPF........2383 17 ALISA FOSTER............2387 2406 18 GOVERNMENT EXHIBITS 19 Exhibit No. Received 20 840 ........................................2241 21 802-D1 .....................................2245 22 841A through 841F ..........................2274 23 Government Exhibits 583A ...................2287 24 123 ........................................2289 25 567A through G .............................2297 2411 1 582 ........................................2300 2 568 ........................................2309 3 586 ........................................2314 4 842 and 843 ................................2323 5 839-P1 and 839-P2 ..........................2333 6 695A through 695J ..........................2341 7 696 and 696P ...............................2343 8 791A and 791B ..............................2349 9 751 through 755 ............................2351 10 792A .......................................2353 11 756 through 759 ............................2355 12 792B .......................................2356 13 792C .......................................2356 14 792D .......................................2357 15 760 to 776 .................................2358 16 750 ........................................2365 17 792E .......................................2369 18 792F .......................................2369 19 780 through 783 ............................2370 20 784, 785 and 786 ...........................2374 21 792H .......................................2375 22 779 ........................................2379 23 792I .......................................2380 24 779P2 ......................................2381 25 792J .......................................2386 2412 1 777 and 778 ................................2387 2 900 ........................................2392 3 951 and 952 ................................2393 4 953 ........................................2393 5 954 and 955 ................................2394 6 947 ........................................2396 7 960A .......................................2401 8 970, 972, 974, 978 and 980 .................2403 9 960B .......................................2404 10 990 ........................................2405 11 984A-C .....................................2405 12 988 ........................................2406 13 946A .......................................2399 14 DEFENDANT EXHIBITS 15 Exhibit No. Received 16 Odeh AA ....................................2266 17 18 19 20 21 22 23 24 25
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