27 March 2001
Source: Digital file from the Court Reporters Office, Southern District of New York; (212) 805-0300.
This is the transcript of Day 23 of the trial, 27 March 2001.
See other transcripts: http://cryptome.org/usa-v-ubl-dt.htm
3386 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 27, 2001 9:30 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 3387 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. We set 9:30. There were 20 some relevance question. 21 MR. KARAS: We don't know the details. 22 THE COURT: You still don't know? Let me know when 23 Mr. Schmidt and Mr. Dratel arrive. 24 MR. KARAS: Yes, Judge. 25 (Recess) 3397 1 (Pages 3388 through 3396 sealed) 2 (In open court; jury present) 3 THE COURT: Good morning. Mr. Williams, you're still 4 under oath. 5 THE WITNESS: Yes, sir. 6 MR. KARAS: May I proceed, your Honor? 7 THE COURT: Yes, please. 8 PAUL WILLIAMS, resumed. 9 DIRECT EXAMINATION 10 BY MR. KARAS: 11 Q. Detective Constable Williams, we left off yesterday and 12 you were reviewing what had been marked for identification as 13 Government Exhibit 1502-ID, and I'm going to approach with you 14 that as well as 1502 through 1514, 1515 A and B, 1516, through 15 1525, 1526A and B and 1527, and ask you to take a look at 16 them. 17 A. Yes, sir. 18 Q. 1502-ID I believe you told us yesterday what that was. 19 Could you just refresh our memory, please? 20 A. Yes, sir. It's two blue folders containing miscellaneous 21 papers. 22 Q. And where were those blue folders seized from? 23 A. At the rear boot, the trunk of motor vehicle in London. 24 Q. In whose motor vehicle? 25 A. Eidarous. 3398 1 Q. Mr. Eidarous? 2 A. Yes. 3 Q. And with respect to the other exhibits that are in the 4 folder that I listed earlier, can you tell us whether or not 5 you reviewed those before you came to court today? 6 A. Yes, I did, sir. 7 Q. And can you tell us where those were pulled from? 8 A. They were pulled from 1502-ID, the blue folders. 9 MR. KARAS: At this time we offer 1502, 1503, 1504, 10 1505, 1506, 1507, 1508, 1509, 1510, 1511, 1512, 1513, 1514, 11 1515A, 1515B, 1516, 1517, 1518, 1519, 1520. There is no 1521. 12 1522, 1523, 1524, 1525, 1526A and B, and 1527. 13 THE COURT: Received. 14 (Government's Exhibits 1502, 1503, 1504, 1505, 1506, 15 1507, 1508, 1509, 1510, 1511, 1512, 1513, 1514, 1515A, 1515B, 16 1516, 1517, 1518, 1519, 1520, 1522, 1523, 1524, 1525, 1526A 17 and B, and 1527 received in evidence) 18 MR. KARAS: If we could display please, exhibit 1502. 19 Q. Sir, for the record if you could just read the handwriting 20 at the top there of 1502 on the screen as it appears to your 21 left? 22 A. It appears to be the name Mr. Noor. 23 Q. N-O-O-R? 24 A. Yes, sir. 25 MR. KARAS: Now, if we could display exhibit 1508, 3399 1 please. If we could turn that exhibit upside down. If we 2 could focus on the writing at the very top. 3 For the record, sir, if you can just read that at the 4 top there what that reads? 5 A. Sure. It says from Hafiz Ghulam Shabbir and I'll spell 6 the is your name if I may, M-S-Q-U -- 7 MR. COHN: I'm sorry, but there is some technical 8 problem that is insurmountable with the interpreters and we're 9 waiting for Mr. Blum to show up. 10 THE COURT: A technical problem. 11 MR. COHN: There is no sound? I'm sorry, sir. 12 THE COURT: Is somebody working on it now? 13 MR. COHN: I gather Mr. Blum is on his way, but until 14 he shows up there is no interpreting. 15 THE COURT: We're waiting for him to come and you 16 might find it more relaxing to wait in the jury room. He's on 17 the way. All right. 18 (Continued on next page) 19 (At the sidebar) 20 MR. COHN: I know that your Honor has had problems 21 with the security aspect of this in the past, but rather than 22 delay would the Court consider having Mr. Cadouni next to 23 Mr. Al-'Owhali until the repair is done? 24 THE COURT: No. 25 MR. COHN: I just thought that would be a practical 3400 1 way to solved it. 2 THE COURT: Thank you. 3 (Continued on next page) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3401 1 (In open court) 2 THE COURT: The jury may return to the jury room 3 where you'll be more comfortable. 4 (Recess) 5 (In open court; jury not present; witness resumed) 6 MR. KARAS: Your Honor, while we're waiting for the 7 jury, I think all counsel are here, one of the exhibits we're 8 going to display is a listing of the calling codes for 9 countries and time zones. It's a chart we provided to defense 10 counsel. We would offer that as Government Exhibit 98 and I 11 understand there is no objection. 12 MR. COHN: There is none. 13 THE COURT: You're offering it now. 14 MR. KARAS: Yes, Judge. 15 THE COURT: Exhibit 98 received by consent of the 16 parties. 17 (Government's Exhibit 98 received in evidence) 18 (Jury present) 19 THE COURT: Mr. Karas, you may continue. 20 MR. KARAS: Thank you, your Honor. 21 Q. Det. Constable, I believe you were reading the heading of 22 header of that document or the footer as it were? 23 A. Yes, sir. 24 Q. I think you left off with the surname? 25 A. I'll spell it if I may, M-S-Q, U-R-A-N-A-L, phone number 3402 1 international number. I'll start the numbers 533453689. The 2 date July 3, 1998 at 6:33 p.m., P1. 3 MR. KARAS: If we could display that document on the 4 left side of the screen and on the right side if we could call 5 up Government Exhibit 98. 6 Q. Sir, do you see the document on the screen on the right 7 there, Government Exhibit 98? 8 A. Yes, sir. 9 Q. If we could focus in on the first couple of rose there. 10 Do you see an entry for Albania? 11 A. Yes, sir. 12 Q. Below the column there if says IBT international dial 13 code. If you read the numbers that are listed there? 14 A. 355. 15 BY MR. KARAS: 16 Q. If we could display again in the left side of the screen 17 the entire document. 18 On the left side -- I'm sorry -- of the screen if we 19 could display 1508, on the right side if we could display 20 1509. 21 Q. Sir, can you tell us what if any difference there is 22 between 12508 and 12509? 23 A. Yes, sir, the difference is the fax header is missing. 24 Q. From which document? 25 A. 1509. 3403 1 Q. If we could actually turn 1509 upside down. 2 Is there anything else on 12509, any other markings 3 on 12509 that you do not see on 12508? 4 A. Yes, sir. 5 Q. What would that be? 6 A. The top left-hand corner there is a mark, a striation 7 mark. 8 Q. Can you tell us what a striation mark is? 9 A. Basically it's a mark that's peculiar to that particular 10 piece of paper and the copying of it. 11 Q. If we could pull up on the left side of the screen 1510, 12 please, and on the right side, 1511. 13 Now, for the record, sir, can you tell us whether or 14 not by looking at these documents that these appear to be 15 copies of the same document? 16 A. Yes, sir. 17 Q. And for the record if you could tell us which of 1510 or 18 11 is the original? 19 A. 1511. 20 Q. Can you tell us what differences there are between 1510 21 and 11. 22 A. 1510 is missing the fax header which clearly shows on 23 1511. 24 Q. Is there anything on 1510 that is not on 1511? 25 A. Yes, in the top left-hand corner there is the striation 3404 1 mark again. 2 Q. If we could focus in on the header on 1511, please. 3 Actually, if we could just pull that document up by itself on 4 the screen. 5 If you could read the top line of that fax header, 6 sir? 7 A. Yes. It says to phone number 00441819600574. Date is 8 June 15, 1998 at 847 a.m., P3. 9 Q. The number there 0044, do you know what country code that 10 belongs to? 11 A. UK. 12 Q. The digits 181, do you know what that signifies? 13 A. London. 14 Q. The second line if you could read that, please? 15 A. Sure. It's from, and the initial letters 2L and then the 16 names HA-A-M-I-N Islamic foundation. 17 Q. Across to the right the phone number? 18 A. 003554234637. 19 Q. Now, if we would display on the screen exhibit 1515A. 20 Do you have 1515A the original in your hand there, 21 sir? 22 A. Yes, I do. 23 Q. Can you tell us what, if anything, is at the top of that 24 document? 25 A. Yes, the top of the page has been ripped off with a an 3405 1 irregular pattern. 2 Q. If we could put 1515A on the left side of the screen, 3 please, and if we could display 1515B on the right side of the 4 screen. 5 Looking at 1515B, are there any striation marks on 6 1515B? 7 A. Yes, sir, there is. 8 Q. Where is the striation mark? 9 A. In this particular case it's at the bottom right-hand 10 side. I don't think it's clearly shown on the computer screen 11 there. 12 Q. But the document you have in your hand? 13 A. Yes, sir. 14 Q. If we could display 1517 on the whole screen, please. 15 If we could put that on the left side of the screen, 16 and display 1518. 17 First, sir, by looking at the document can you tell 18 whether or not one appears to be the copy of another? 19 A. It does, sir, yes. 20 Q. For the record which one is the original and which is the 21 copy? 22 A. The original is 1518 and the copy is 1517. 23 Q. And can you tell us whether or not 1518 has a line for fax 24 communication, a fax header? 25 A. Yes, sir, it does. 3406 1 Q. Does 1517 have that same line? 2 A. No, it does not. 3 Q. Is there anything on 15157 that is not on 1518? 4 A. Yes, sir, it's striation mark, in this case the bottom 5 right-hand corner. 6 Q. If we could just display 1518 on the screen, please. If 7 we could rotate it. If we could focus on the fax line there. 8 Sir, if you could read what that fax line size for 9 the record please? 10 A. Sure it's from Kandahr telecommunication, AFG. Phone 11 number 837655 to the right May 20, 1998, 0635 p.m., P01. 12 MR. KARAS: Thank you. I have no further questions. 13 MR. SCHMIDT: Just a few questions. 14 THE COURT: Mr. Schmidt on behalf of El Hage. 15 CROSS-EXAMINATION 16 BY MR. SCHMIDT: 17 Q. Do you prefer being called Mr. Williams or Det. Williams? 18 A. Det. Williams. 19 Q. Det. Williams, were there any photographs taken of the 20 Waldo Road location? 21 A. I'm sorry, sir, could you repeat that? 22 Q. Were there any photographs taken of the Waldo Road 23 location that you searched prior to being searched? 24 A. Yes, sir. 25 Q. Were there photographs taken of the vehicle that was 3407 1 searched that was near the Waldo Road location prior to it 2 being searched? 3 A. Yes, sir. 4 Q. Do you know where those photographs are? 5 A. I have no idea, sir. They were, I don't think they're 6 here today. I'm not too sure. 7 MR. SCHMIDT: May I have a moment, your Honor? 8 (Pause) 9 Q. Det. Williams, you prepared an exhibit book during the 10 time that you were searching the location, is that correct? 11 A. Yes, sir. 12 Q. In the exhibit book you -- withdrawn. You also prepared 13 another document or a statement that listed all of the 14 locations as well? 15 A. I'm sorry, sir, I don't understand. 16 Q. Let me show you what's been marked 3590-1. What 17 document -- 18 A. That's a statement. 19 Q. In the statement it also includes a description of the 20 items seized and the location found; is that correct? 21 A. That's right, yes, sir. 22 Q. Is the information in the statement taken from your 23 exhibit book? 24 A. Yes, sir. 25 Q. So the first thing though that you would complete would be 3408 1 the exhibit books at the scene of the searches; is that 2 correct? 3 A. Yes, sir. 4 Q. Now, you seized items in a blue Nissan; is that correct? 5 A. Yes, sir. 6 Q. And you indicated exactly where the items that you seized 7 were located, is that right? 8 A. Yes, sir. 9 Q. Do you have a copy of your exhibit book in front of you? 10 A. No, sir. 11 (Pause) 12 Q. Why don't you look at what has been marked 3590-4. 13 A. I'm sorry, sir, which number do you say there? 14 Q. Excuse me? 3590-4. If I misspoke, I apologize. 15 A. Yes. 16 Q. You marked the exhibit reference numbers, is that when you 17 filled out each page, is that right? 18 A. That's right, yes, sir. 19 Q. That's to distinguish between the items found in different 20 locations, is that right? 21 A. Yes, sir. 22 Q. Now, for example, on item PJW slash 201, miscellaneous 23 papers and Cascio organizer? 24 A. Yes, sir. 25 Q. Where was that found? 3409 1 A. As indicated on the form it was found inside a central 2 console to the rear of hand brake. 3 Q. So there were more than -- there were other things found 4 in the central console and to distinguish them you put, you 5 indicated there was the lower rear of the hand brake? How did 6 you indicate it where it was found? 7 A. In English vehicles the hand brake's in the middle, you 8 drive on the right, so the hand brake's in the middle. It's 9 where the plastic of the manufactured spaces behind the hand 10 brake and that's where the articles were found. 11 Q. Something rear of hand brake, is that correct? 12 A. Hand brake's, I'm trying to, hand brake's in the middle of 13 the vehicle. So you would, on an English car you would apply 14 with your left hand. 15 Q. I understand that. But you indicated where the papers 16 were found was the inside central console? 17 A. Yes, there's a space. 18 Q. And you have, there's a word that says like LO, is that 19 what that says, something rear of hand brakes? 20 A. To rear. 21 Q. Now, I ask you, you indicated you found a letter, look at 22 PJW203 it looks like. That was found also in a console right? 23 A. Yes, sir. 24 Q. Where was that found? 25 A. To the front of the hand brake. 3410 1 Q. So you distinguish, is that the same console? 2 A. Yes, sir, it is the plastic mold, just the manufacturer 3 has it that way. 4 Q. But you separated those exhibits because they were found 5 in two different areas of the same console? 6 A. Yes, sir. 7 Q. So these, they would not be confused -- 8 A. Sorry? 9 Q. You would know exactly where each item was if you were 10 called on to explain where you found them. Is that correct? 11 A. Yes, sir. 12 Q. You did that the same thing inside of the house; is that 13 correct? 14 A. Yes, sir. 15 Q. When something was found in a particular drawer you marked 16 which drawer it was found? 17 A. Yes, sir. 18 Q. If something was found on a particular shelf you noted 19 exactly what room, what shelf and what location? 20 A. Yes, sir. 21 Q. Now, again, did you take the photographs or the police 22 photographer? 23 A. Police photographer took them. 24 Q. Did they take the photographs prior to the search? 25 A. Yes, sir. 3411 1 Q. And they took photographs after the search? 2 A. Not in this case, no. 3 Q. Why did they take photographs prior to the search? 4 A. It's to give the first impression of what the vehicle and 5 the dwelling looks like prior to the police coming in. It's 6 as simple as that. 7 Q. So you can see where everything is prior to the police 8 taking things away and searching? 9 A. Yes, sir. 10 MR. SCHMIDT: I have no further questions. 11 MR. RICCO: I have a few questions, your Honor. 12 CROSS-EXAMINATION 13 BY MR. RICCO: 14 Q. Good morning Det. Williams? 15 A. Good morning to you. 16 Q. During the search that took place you kept contemporaneous 17 notes of events that were going on. Isn't that right? 18 A. That's correct, yes, sir. 19 Q. And the reason why you keep your notes contemporaneous is 20 so that they can accurately reflect what is happening as those 21 things are unfolding, isn't that correct? 22 A. That's correct, yes, sir. 23 Q. Now, you don't wait until ten days later, do you, to write 24 your notes, do you? 25 A. No, sir. 3412 1 Q. Okay. And these notes that you take write down the events 2 that are happening almost every ten minutes, isn't that right? 3 A. I recall them as adds when I can, immediately. I don't 4 wait ten minutes. 5 Q. Because with the passage of time things change and you 6 forget to put it down, isn't that right? 7 A. No, sir. 8 Q. You don't want to forget to put something down that's 9 important, isn't that correct? 10 A. Yes, sir. 11 MR. RICCO: I have no further questions. Thank you 12 very much, your Honor. 13 THE COURT: Any further questions? 14 MR. KARAS: Brief redirect, your Honor. 15 REDIRECT EXAMINATION 16 BY MR. KARAS: 17 Q. Det. Williams, prior to the search beginning was there any 18 security sweep that was made of the premises? 19 A. Yes, sir. 20 Q. And was there a determination as to whether or not there 21 was any security threat to you and your colleague? 22 A. Yes, sir. 23 Q. And was there a threat after the sweep had been done? 24 A. No, sir. 25 Q. And how many colleagues did you have with you during the 3413 1 search of both the residence and the car? 2 A. Had two colleagues. I did the sweep myself. 3 Q. And did you have any interpreters with you during the 4 search? 5 A. Yes, sir. Yes, I did, sir yes, sir. 6 Q. And how long did the search take of the premises? 7 A. Two days. 8 Q. Finally, the exhibits that you testified to that were on 9 the screen -- 10 A. Yes, sir. 11 Q. -- where exactly were those found? 12 A. Some exhibits -- 13 Q. The ones that were on the screen 1508, 1509, 1510? 14 A. Found in the car. 15 Q. Were they found together? 16 A. Yes, sir. 17 MR. KARAS: No further questions. 18 THE COURT: Very well. Thank you, Detective. You 19 may step down. 20 (Witness excused) 21 The government may proceed with the next order of 22 business. 23 MR. KARAS: Yes, your Honor. The government calls 24 Detective Constable David May. 25 (Continued on next page) 3414 1 DAVID FREDERICK MAY, 2 called as a witness by the government, 3 having been duly sworn, testified as follows: 4 DEPUTY CLERK: Please state your full name. 5 THE WITNESS: I'm Detective Constable David Frederick 6 May, Wiltshire Constabulary. 7 DEPUTY CLERK: Your last name, spell your last name. 8 THE WITNESS: M-A-Y. 9 DIRECT EXAMINATION 10 BY MR. KARAS: 11 Q. Good morning, Detective. 12 A. Good morning. 13 Q. Can you tell us where you are currently assigned? 14 A. I'm currently assigned to the headquarters crime 15 operations unit in Wiltshire. 16 Q. And is that in the London area? 17 A. No, that's in my home force in Wiltshire. 18 Q. And what was your assignment on or about September 23 of 19 1998? 20 A. On that date, I have an ancillary role to work as a member 21 of SO13 Antiterrorist Unit and I was assigned on that day as 22 an exhibits officer. 23 Q. And as an exhibits officer that day, did you conduct a 24 search of a residence and a vehicle? 25 A. That's correct. 3415 1 Q. Can you tell us the location that you searched that day? 2 A. Yes, that was 63 Severn House. That's at London West 10. 3 MR. KARAS: May I approach the witness, your Honor? 4 THE COURT: Yes. 5 Q. Detective, I'm showing you what's been marked into 6 evidence as Exhibit 1608, and I'm wondering if you could tell 7 us which number arrow reflects where 63 Severn House is. 8 A. Yes. I'm looking at the map and I'm pointing to number 3, 9 and that's 63 Severn House. 10 Q. Thank you. 11 Whose residence did you search that day? 12 A. Mr. Adel Abdel Bary. 13 Q. Can you describe what the premises looked like, please? 14 A. Yes, indeed. It was a fifth floor two-story flat serviced 15 by a lift and a stairway. I in fact searched both floors, 16 numbering the ground floor rooms 1 to 7 and the second story 17 is room 7 through 14. 18 The ground floor, there was a bathroom, storage 19 space, and in effect a spare room and a main bedroom. There 20 was a stairway leading to the second floor, where there was a 21 further bedroom, balcony, a small bedroom, kitchen and a 22 toilet. 23 Q. And can you tell us what this search was part of? 24 A. Yes. It was actually part of a United Kingdom terrorist 25 investigation, and as I said, I was the exhibits officer for 3416 1 that particular property and I needed to recover exhibits from 2 within. 3 Q. Detective, I'm going to approach with what have been 4 marked for identification as Exhibits 1540-I.D. and 1540. 5 First if you could tell us what 1540-I.D. is. 6 A. Yes, it's a plastic tamper-evident bag containing a 7 quantity of documents, actually. 8 Q. And where was, where were those documents found? 9 A. Those were found at 63 Severn House. 10 Q. How do you recognize that bag with those documents? 11 A. Quite plainly. It's got my initials, the number 33 in the 12 top left-hand corner, that is my handwriting, and my signature 13 is on the right-hand side. 14 Q. And with respect to 1540? 15 A. 1540 is in fact we class as a split from that item, and 16 it's four pieces of paper contained in a plastic wallet and 17 what appears to be Arabic writing. 18 Q. When you say "from that item," you're referring to 19 1540-I.D. to 1540 is split from? 20 A. That's correct. 21 MR. KARAS: Your Honor, at this time we offer Exhibit 22 1540. 23 THE COURT: Received. 24 (Government Exhibit 1540 received in evidence) 25 MR. KARAS: If we could display 1540, please. 3417 1 Q. Detective, I'm going to approach with what have been 2 marked for identification as Exhibits 1541-I.D. and 1541. 3 Beginning with 1541-I.D., could you tell us what that 4 is, please. 5 A. Yes, 1541-I.D. is in fact again a plastic tamper-evident 6 bag which is quantities of documentation again from the 7 property of 63 Severn House. 8 Q. And do you recognize that bag? 9 A. Yes, I recognize this bag. 10 Q. How do you recognize it? 11 A. This in fact is a split from a 20-drawer filing cabinet 12 which originally was marked as DFM36. This was split by 13 Detective Constable Neil Fratwell, and it's been marked as 14 NF1000 accordingly and signed by him. 15 Q. And 1541, what is that? 16 A. That is in fact a direct split from that exhibit. 17 MR. KARAS: Your Honor, at this time we offer Exhibit 18 1541. 19 THE COURT: Received. 20 (Government Exhibit 1541 received in evidence) 21 MR. KARAS: And if we could display 1541, and if we 22 could just focus on the sender and the receiver section. 23 Q. Detective, first of all, could you describe what 1541 is, 24 what type of document it is? 25 A. Yes. This is in fact a T&T Worldwide Express receipt. 3418 1 Q. And if you could read who the sender is on the receipt. 2 A. The sender is Tarik from Tarana in Albania. 3 Q. And for the record, T-A-R-I-K. 4 And the recipient? 5 A. The recipient is marked as Mr. Adel, spelled A-D-E-L, 63, 6 it's -- the next spelling is S-E-V-E-R-N. That's supposed to 7 be Severn House, 17 Damlin Street, London, United Kingdom. 8 Q. Is that the location that you searched in September 1998? 9 A. That's correct. 10 Q. And if you could read the phone number of the receiver. 11 A. That's as follows: 1819642549. 12 Q. Finally, Detective, I'm going to approach with what have 13 been marked for identification as Exhibits 1542-I.D. and 1542. 14 If you could tell us what those exhibits are and how 15 you recognize them. 16 A. Yes. 1542-I.D. is in fact a tamper-evident bag with a 17 quantity of documentation seized from 63 Severn House, and 18 1542 I.D. is a direct split from that exhibit. 19 Q. Just so we're clear, the first item you referred to is 20 marked as 1542-I.D.? 21 A. That's correct. 22 Q. And the second item there is marked as? 23 A. 1542 I.D. 24 Q. Okay. 25 MR. KARAS: May I approach the witness, your Honor? 3419 1 THE COURT: Yes. 2 Q. The handwriting that's on the second exhibit, if you could 3 just read the handwriting, please. 4 A. The handwriting is 1542. 5 MR. KARAS: At this time, your Honor, we offer 1542. 6 THE COURT: Received. 7 (Government Exhibit 1542 received in evidence) 8 MR. KARAS: And if we could display 1542, please. 9 No further questions, your Honor. 10 THE COURT: Anything? 11 MR. DRATEL: Yes, your Honor. 12 THE COURT: Mr. Dratel. 13 CROSS-EXAMINATION 14 BY MR. DRATEL: 15 Q. Good morning, Detective May. 16 A. Good morning. 17 Q. When you searched Severn House, you had the assistance of 18 an Arabic-speaking person with you? 19 A. Yes, that's correct. 20 Q. And there was quite a lot of documentary material to go 21 through; is that correct? 22 A. Yes, there was a huge raft of documentation. 23 Q. And you had instructions as to what type of material you 24 should be seizing? 25 A. I was looking for any relevant documentation in Arabic, 3420 1 that sort of thing, yes. 2 Q. Wasn't it for documents of a political or organizational 3 quality? 4 A. Can you repeat that question? 5 Q. Sure. Weren't you looking for Arabic documents of a 6 political or organizational quality? 7 A. There was no specific. 8 Q. Didn't you testify previously in a proceeding that you 9 attempted to seize all those documents in Arabic which had a 10 political or organizational quality? 11 A. We weren't just looking for political documentation. It 12 was -- 13 Q. Did you give that testimony previously? 14 A. I gave the testimony that I searched the property for a 15 quantity of documentation, yes. 16 Q. Did you also say, "We attempted to seize all those in 17 Arabic which had a political or organizational quality"? 18 A. I can't recall. 19 MR. DRATEL: May I approach the witness, your Honor? 20 Q. I show you what has been marked as 3588-5, and ask you to 21 look at the first page and then if you could read the 22 highlighted portion. 23 A. You want me to read -- 24 Q. No, not read. Read the highlighted portion to yourself. 25 A. Yes, sir. 3421 1 (Pause) 2 A. Yes. 3 Q. And do you recall now whether you gave testimony 4 previously that you attempted to seize documents of a 5 political or organizational quality? 6 A. Yes, that's correct, by looking at that. 7 Q. Did you give that testimony under oath? 8 A. Yes, I did. 9 Q. When you prepare your evidence book, in several instances 10 when something is seized from particular part of either a file 11 drawer or a shelf, in some instances you actually do a sketch 12 of the either closet or shelf or file drawer that you have 13 seized it from, correct? 14 A. In some instances, that's correct. 15 Q. Also, you actually put a star or an asterisk in the spot 16 within that shelf or drawer that you have actually seized the 17 documents from, correct? 18 A. Not in all circumstances, but to assist in identification 19 sometimes that's correct, yes. 20 Q. And when you want to specify exactly where it's from so 21 you know exactly where something was seized from, correct? 22 A. Yes, in certain circumstances. 23 Q. And when you list a location from which you seized, you 24 actually do an inventory of those specific documents that were 25 seized from that specific location together? 3422 1 A. Yes. 2 Q. So that all the documents that are seized from one place 3 are listed together that they were seized from a specific 4 location? 5 A. You wouldn't necessarily list all documentation. You 6 might say a quantity of correspondence and not detail anything 7 until a later stage. 8 Q. But sometimes you do provide the detail in your evidence 9 book, correct? 10 A. Sometimes, yes. 11 MR. DRATEL: I have nothing further, your Honor. 12 THE COURT: Anything further of this witness? 13 MR. KARAS: No, your honor. 14 THE COURT: Thank you, Detective Constable. You may 15 step down. 16 (Witness excused) 17 MR. KARAS: Your Honor, the government calls 18 Detective Sergeant Stephen Gregory. 19 STEPHEN CHARLES GREGORY, 20 called as a witness by the government, 21 having been duly sworn, testified as follows: 22 DEPUTY CLERK: Please state your full name. 23 THE WITNESS: My full name is Stephen Charles 24 Gregory. Gregory is spelled G-R-E-G-O-R-Y. 25 DEPUTY CLERK: Stephen with a P? 3423 1 THE WITNESS: With a P-H, yes. 2 DIRECT EXAMINATION 3 BY MR. KARAS: 4 Q. Good morning, Detective Sergeant. 5 A. Good morning. 6 Q. Can you tell us your current assignment. 7 A. Yes. My current assignment is that of the equivalent of a 8 police precinct which would be in this country involved in 9 criminal investigation. 10 Q. If you could just make sure you speak into the microphone 11 and speak loudly and clearly. 12 A. Of course. 13 Q. Thank you. 14 Can you tell us what assignment you had on September 15 23, 1998? 16 A. Yes. In September the 23rd, 1998, my assignment was to 17 act as an exhibits officer. At that time I was a member of 18 the antiterrorist branch. 19 Q. And did you participate in a search that day? 20 A. I did. 21 Q. And what location did you search? 22 A. The premises I searched were located at Lancefield 23 Studios, which was 1a Beethoven Street, which is London, the 24 Zip Code -- post code, as we call it -- West 10. 25 MR. KARAS: Your Honor, may I approach? 3424 1 THE COURT: Yes. 2 Q. Detective Sergeant, I'm showing you what has been marked 3 into evidence as Exhibit 1608, and I'm wondering if you could 4 point out the number of arrow that reflects where Lancefield 5 Studios, Beethoven Street is? 6 A. Yes, if one looks at the map, arrow number 7 indicates the 7 premises I searched on September 1998. 8 Q. Thank you. Can you tell us what type of premises 9 Lancefield Studios was? 10 A. Yes. It was an office premises situated on the first 11 floor, or you would call it second floor here, and it consists 12 of two rooms. 13 Q. What was the room number or unit number of the particular 14 studio you searched? 15 A. It was unit 1A. 16 Q. And -- 17 A. I beg your pardon, Unit 5. The address is 1A Beethoven 18 Street, Unit 5. 19 Q. Who were among the people you understood to use that 20 office? 21 A. I believe my knowledge was a number of people used in 22 connect with that office. The principal person I understood 23 was Mr. Adel Bary. 24 Q. You mentioned that you were the exhibits officer. What 25 did that require you to do during the search? 3425 1 A. That required me to undertake a detailed, systematic, 2 methodical search of these premises, office premises, and 3 during the course of that search identify and seize and 4 retrieve items which would assist us in the investigation we 5 were undertaking at the time. 6 Q. And how long did the search last? 7 A. All told, six days. 8 Q. And can you describe the rooms, room or rooms that you 9 personally searched? 10 A. Yes. The premises comprise two rooms. For simplistically 11 sake, we labeled them room 1 and room 2. Room 1 was the first 12 room that one came to as you entered these office premises. 13 That room consisted of storage shelves, boxes. 14 Room 2, which you could get into from room 1, was an 15 office with fixtures and fittings that one would expect to 16 find in an office. 17 Q. Such as? 18 A. Such as computers, such as faxes, such as wide range of 19 documents. 20 Q. Detective Sergeant, I'm going to approach you with what 21 have been premarked for identification as Exhibits 1555 and 22 1556. 23 Beginning with 1555, can you tell us what that is and 24 how you recognize it? 25 A. Yes, Government Exhibit 1555 is a document sealed in a 3426 1 police evidence bag. I recognize this as a document I found 2 at Beethoven Street in September of 1998 by virtue of the fact 3 that this bag bears my writing, bears my signature, bears my 4 exhibit number and bears the unique reference number on this 5 bag which I sealed at the time. 6 Q. And 1556? 7 A. 1556 similarly bears the details I have just stated -- 8 bears my signature, my handwriting, my exhibit number, unique 9 reference number -- and this bag contains documents again 10 which I recovered at these premises at Beethoven Street in 11 London. 12 Q. Can you tell us whether or not there is any difference 13 between the documents from when you first seized them? 14 A. Ostensibly, they are the same documents. The only 15 difference would be in Government Exhibit 1556, 1556, that the 16 color of it has been altered slightly, and that can be 17 explained by the fact that this document was submitted to 18 forensic fingerprint analysis. The chemicals used in that 19 process would slightly discolor the document. 20 MR. KARAS: Your Honor, at this time we offer 1555 21 and 1556. 22 THE COURT: Received. 23 (Government Exhibits 1555 and 1556 received in 24 evidence) 25 MR. KARAS: And if we could display them in order. 3427 1 Q. Detective Sergeant, I'm going the approach with what have 2 been marked for identification as Government Exhibits 1557A 3 through 1557E and 1557-P. Once again, if you could tell us 4 what those exhibits are and how you recognize them. 5 A. Yes, of course. Government Exhibit 1557A through to E 6 relates to five sheets of paper contained in this bag which I 7 found in Beethoven Street in September of 1998. This was 8 sealed by me. 9 I recognize this as my exhibit by virtue of the four 10 things I stated previously -- my signature, my handwriting, my 11 exhibit number and unique reference number peculiar to this 12 particular exhibit bag. 13 Q. And 1557-P? 14 A. Government Exhibit 1557-P is an album of photographs which 15 accurately reflect and depict the item Government Exhibit 16 1557A to E. It's a photograph of that exhibit. 17 MR. KARAS: Your Honor, at this time we offer 1557A 18 through 1557E and 1557-P. 19 THE COURT: Received. 20 (Government Exhibits 1557A, 1557B, 1557C, 1557D, 21 1557E and 1557-P received in evidence) 22 MR. KARAS: And if we could display 1557-P, and if we 23 could go to the second or third page, please. Second page 24 first. 25 If we could display 1557B, please, and if we could 3428 1 try to highlight the fax header up there. 2 And 1557C, and if we could highlight the fax header 3 there. 4 Q. Detective Sergeant, do you have the photograph of 1557C? 5 A. I do. 6 Q. Can you make out the fax header in the photograph you have 7 before you? 8 A. Yes, I can. 9 Q. And if you could read that fax header to us, please. 10 A. Yes. It says August 7th, 1998. The time given at the top 11 right of that photograph is 4:54 a.m. 12 Q. And is there a page number with that? 13 A. Page 2. 14 Q. And with respect to 1557D-P, the photograph of 1557D, can 15 you make out the fax header on that? 16 A. I can, yes. 17 Q. And if you could read that to us, please? 18 A. Yes. The fax header reads August the 7th, 1998, the same 19 date. This particular page timed at 04:56 a.m. and it's page 20 3. 21 Q. And 1557E, the photograph of that, if you could read us 22 the fax header on that page. 23 A. Yes. Again, fax header dated August 7th, 1998. The time 24 given at the top of this page is 04:53, 4:53 a.m., which is 25 page 1. 3429 1 Q. And on the fax headers of those three documents you have 2 just read to us, is there an indication of the sending phone 3 number? 4 A. No. It's not apparent on these photographs, no. 5 Q. And with respect to 1557B, the photograph of that 6 document, can you read us the fax header of that one, please? 7 A. Yes, the fax header is from, reading left to right, it's 8 got The Grapevine, then a phone number. 9 Do you want me to read the phone number? 10 Q. If you could read -- yes, if you could read that whole 11 line, if possible. 12 A. Phone number is 4401713727415. It's dated August the 4th, 13 1998. It's 10:15 p.m. 14 Q. Thank you, Detective Sergeant. 15 I'm going to approach with what have been premarked 16 as Government Exhibits 1558 and 1558-P. 17 MR. KARAS: Your Honor, may I publish 1557-P to the 18 jury? 19 THE COURT: Yes. 20 Q. Sir, if you could tell us what those exhibits are and how 21 you recognize them. 22 A. Yes. Again, dealing with Government Exhibit 1558, first 23 of all, this is a fax message comprised of two documents. 24 This is -- this bag I'm holding contains these two documents. 25 These two documents were found during the search which I 3430 1 conducted at Beethoven Street in September 1998. I 2 recognize -- 3 Q. I'm sorry. Go ahead. 4 A. I recognize these documents as mine by virtue of the same 5 reasons I have said previously -- the bag was completed by me 6 in my handwriting, bears my signature, my exhibit number, 7 sealed at the time with a unique seal number evidence on this 8 bag. 9 Q. And 1558-P? 10 A. 1558-P is an album of photographs, two photographs, which 11 accurately reflect and depict the documents in the exhibit I 12 have just mentioned. 13 MR. KARAS: Your Honor, at this time we offer 1558 14 and 1558-P. 15 THE COURT: Received. 16 (Government Exhibits 1558 and 1558-P received in 17 evidence) 18 BY MR. KARAS: 19 Q. If you could, Detective Sergeant, with respect to 1558-P, 20 can you read the fax header on that document. 21 We actually have this one on the screen if you want 22 to read it from the scene. 23 A. Yes, of course. Read from left to right, it says from The 24 Grapevine. Phone number is 4401713727415, and it's dated 25 August the 4th, 1998. It's 10:15 p.m. 3431 1 Q. Thank you. I'm going to approach with what have been 2 marked for identification as Exhibits 1561-I.D. and 1561. 3 MR. KARAS: Your Honor, may I publish 1558-P? 4 THE COURT: Yes. 5 Q. Sir, if you could tell us what those documents are and how 6 you recognize them. 7 A. Yes, 1561 I.D., government exhibit, is a bag of documents, 8 several documents, which I recovered and found at these 9 studios at Beethoven Street in London in September of 1998. 10 Q. And 1561? 11 A. 1561, Government Exhibit 1561 is an envelope which had 12 been contained in this bag and was pulled from this bag on 13 Saturday last in my presence. 14 Q. And that's the bag marked 1561-I.D.? 15 A. That's right. 16 MR. KARAS: Your Honor, at this time we offer 1561. 17 THE COURT: Received. 18 (Government Exhibit 1561 received in evidence) 19 MR. KARAS: And if we could display 1561, please? 20 THE COURT: Yes. 21 Q. Sir, can you read for the record the addressee on the 22 label there? 23 A. Yes. The addressee on the label of this envelope that was 24 in this bag reads Mr. Khalid al-Fawwaz, 94 Dewsbury Road, 25 London, and the post code or zip code underneath, which is NW, 3432 1 Northwest 10, 1EP. 2 Q. Thank you, Detective Sergeant. 3 I'm going to approach with what has been marked for 4 identification as 1562 and ask you to take a look at it and 5 tell us how you recognize it. 6 A. Government Exhibit 1562 is a document contained in 7 exhibits bag. This document was found by myself at Lancefield 8 Studios, Beethoven Street, in September 1998. 9 MR. KARAS: Your Honor, at this time we offer 1562. 10 THE COURT: Received. 11 (Government Exhibit 1562 received in evidence) 12 MR. KARAS: If we could display the first page of 13 1562. 14 Q. Can you tell us, Detective Sergeant Gregory, what that 15 document is? 16 A. This document contained in exhibit number Government 17 Exhibit 1562 is a leasing agreement relating to the premises I 18 searched, Lancefield Studios, dated the 3rd of September, 19 1997, and it's an agreement by someone called Abdul Abdel al 20 Majed of 63 Severn House, London, West 10. 21 Q. Thank you. I'm going to approach finally with what have 22 been marked for identification as 1563-I.D. and 1563. Can you 23 tell us what those items are? 24 A. These items, the bag I'm holding, Government Exhibit 25 1563-I.D., is a bag containing a number of documents which I 3433 1 found and recovered from these studios at Beethoven Street in 2 London in September 1998. It's a bag of correspondence drawn 3 from this bag, Government Exhibit 1563-I.D., I'm holding in my 4 hand. 5 MR. KARAS: Your Honor, at this time we offer 6 Government Exhibit 1563. 7 THE COURT: Received. 8 (Government Exhibit 1563 received in evidence) 9 MR. KARAS: And if we could display the first page of 10 1563. 11 Q. On the right-hand side of the page, sir, if you could just 12 read the top part of that title for the record. 13 A. The top part of the title, Government Exhibit 1563, reads 14 "Declaration of Jihad on the Americans Occupying the Country 15 of the Two Sacred Places." 16 Q. And the first two words in the top left side of the page? 17 A. The top left side of the page reads "the message." 18 MR. KARAS: Thank you. I have no further questions. 19 THE COURT: Mr. Schmidt on behalf of the defendant El 20 Hage. 21 CROSS-EXAMINATION 22 BY MR. SCHMIDT: 23 Q. Detective Sergeant Gregory, when you went to the location 24 at 51A Beethoven Street -- is that where you went to? 25 A. Yes, 1a Beethoven Street. Unit 5 1a Beethoven Street. 3434 1 Q. Excuse me? 2 A. It's called 1a Beethoven Street, the post of the address, 3 Unit 5. 4 Q. Did you go with an Arabic interpreter? 5 A. Yes, I did, yes. 6 Q. And was the purpose of the Arabic interpreter to review 7 Arabic documents to see if they were relevant for your search? 8 A. That's right. 9 Q. You did not -- am I correct you did not seize every 10 document or record in Arabic; is that correct? 11 A. Didn't seize every one, no. 12 Q. When the interpreter informed you that a document in 13 Arabic had some political significance, was that document 14 seized? 15 A. I wouldn't use the term "political significance." What we 16 were looking for was evidence of investigation in hand at the 17 time. If it was deemed relevant to that end, then it was 18 seized. 19 Q. Well, did you previously testify under oath on February 20 23rd, year 2000? 21 A. I did. 22 Q. And in fact, at that time was it your words that when you 23 were advised by the interpreter that a document in Arabic had 24 some political significance, it was seized; do you recall 25 that? 3435 1 A. I don't recall that, no. I would refer you to my earlier 2 answer. 3 MR. SCHMIDT: If I may approach the witness with what 4 has been marked 3591-4. 5 THE COURT: Okay. 6 Q. And I ask you to look at the highlighted portion on the 7 bottom of the page and read it to yourself, please. 8 (Pause) 9 Q. Why don't you look at the front page to make sure you know 10 what the document is. 11 A. Yes. 12 Q. Detective Sergeant, having read this document, does that 13 refresh your recollection that you testified that, "Once I was 14 advised by my interpreter that a document in Arabic had some 15 political significance, it was seized"? 16 A. It says on that document, it says on that document what I 17 testified in London in February of 2000. However, the aim of 18 the search in September of 1998 was to seize items and 19 articles of evidential value. 20 Q. Maybe I'm a little confused. Did you testify at this 21 hearing concerning the search of the residence at 1a Beethoven 22 Street? 23 A. Yes, I did. 24 Q. And the arrest of Mr. Bary? 25 A. That's right. 3436 1 Q. And did this accurately reflect what you testified to? 2 A. Well, it summarizes what I said, yes. 3 Q. And is the term "political significance" the term that you 4 used? 5 A. I don't recall using the term "political significance." 6 It says on that document that you have and you have 7 highlighted, which you have read, political significance. It 8 does. I agree with that. But I will say again, the object of 9 the exercise, the exercise being searching Beethoven Street in 10 September 1998, was to search for items and articles of 11 various descriptions that would be of evidential value. 12 Q. I understand that, Detective Sergeant. Did you read this 13 statement and acknowledge that these statements were correct 14 at the time that you made them? 15 A. Yes. 16 Q. On the document itself it says that you read them and it 17 has your signature; isn't that correct? 18 A. That's right, yes. 19 Q. Now, is there a problem with the word "political" -- the 20 phrase "political significance"? 21 A. I don't see there's a problem with it. I'm just expanding 22 on what the object of the exercise was. 23 Q. Mr. Bary, to your knowledge, was a member of the Egyptian 24 Islamic Jihad; is that correct? 25 A. I believe so, yes. 3437 1 Q. And you were aware where he was living prior to being 2 involved in this investigation? 3 A. Yes. 4 Q. Did your task force keep tabs on Mr. Bary? 5 MR. KARAS: Objection, your Honor. 6 THE COURT: Yes, sustained. 7 MR. SCHMIDT: I have no further questions. 8 THE COURT: Anything further of this witness? 9 MR. KARAS: No, your honor. 10 THE COURT: Thank you, Detective Sergeant. You may 11 step down. 12 THE WITNESS: Thank you. 13 (Witness excused) 14 MR. KARAS: Your Honor, the government would call 15 Detective Sergeant Keith Asman. 16 KEITH RICHARD ASMAN, 17 called as a witness by the government, 18 having been duly sworn, testified as follows: 19 DEPUTY CLERK: Please be seated. State your full 20 name. 21 THE WITNESS: Full name is Keith Richard Asman, 22 A-S-M-A-N. 23 DIRECT EXAMINATION 24 BY MR. KARAS: 25 Q. Good afternoon, sir. Or, still morning. Good morning. 3438 1 A. Good morning, sir. 2 Q. Time flies. 3 Can you tell us how you are employed? 4 A. Yes, I'm a detective sergeant working at the antiterrorist 5 branch in the exhibits office, New Scotland Yard, London. 6 Q. And can you tell us what assignment you had in late 7 September 1998? 8 A. Yes, I was employed in the exhibits office of the 9 antiterrorist branch, New Scotland Yard, at that time. 10 Q. Did there come a time you participated in the search of 11 the premises known as Unit 5 1a Beethoven Street? 12 A. Yes, I did, on the 26th of September, 1998. 13 Q. Sir, I'm going to approach with what has been premarked 14 for identification as Government Exhibit 1559-I.D. and also 15 Government Exhibit 1559. 16 Can you tell us what those exhibits are and how you 17 recognize them. 18 A. Yes. The exhibits which I have in my hand, 1559-I.D. is 19 exhibit reference KRA2097. This is selected correspondence 20 which I removed from a box in room 1 of Unit 5 1a Lancefield 21 Studios. It's selected correspondence, and from within that 22 correspondence Government Exhibit 1559-I.D. was removed and 23 was recovered at the same time as this other correspondence. 24 I can recognize it because it bears my handwriting, 25 my unique reference number and my signature. 3439 1 Q. And the notebook there, could you just read the 2 handwriting number on the yellow sticker there? 3 A. Yes, this is the Exhibit 1559-I.D. 4 Q. And the handwritten portion, 1559? 5 A. Yes, sir, 1559. 6 MR. KARAS: Your Honor, at this time we offer 7 Government Exhibit 1559. 8 THE COURT: Received. 9 (Government Exhibit 1559 received in evidence) 10 MR. KARAS: I have no further questions. 11 MR. SCHMIDT: No questions. 12 THE COURT: Thank you, Detective Sergeant. You may 13 step down. 14 (Witness excused) 15 THE COURT: We'll take our midmorning recess. 16 (Jury not present) 17 THE COURT: Will you finish this morning? 18 MR. FITZGERALD: We will finish with these witnesses, 19 your Honor. I believe there are two more, and I think what 20 we're going to do then is display some of the items and, 21 depending on the status of one stipulation, read some other 22 items. 23 THE COURT: That will be this afternoon? 24 MR. FITZGERALD: I believe so, yes. And we will 25 probably have some other items unrelated to London that we'll 3440 1 be prepared to read this afternoon. So I think we'll make 2 productive use of a portion of the afternoon at least. 3 THE COURT: Then we recess until Monday. 4 How many days does the government anticipate the 5 government will require next week? 6 MR. FITZGERALD: Depending on the discussions 7 regarding two issues, the maximum I think we would need next 8 week would be three. 9 THE COURT: Three. Okay. Thank you. 10 (Pages 3441 through 3450 filed under seal) 11 (Continued on next page) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3451 1 (In open court) 2 MR. KARAS: The next witness, your Honor, is Noel 3 Feeny. 4 (Jury present) 5 THE COURT: The government may call the next witness. 6 MR. KARAS: Your Honor, the government calls 7 Detective Inspector Noel Feeny. 8 NOEL THOMAS FEENY, 9 called as a witness by the government, 10 having been duly sworn, testified as follows: 11 DEPUTY CLERK: Please state your full name. 12 THE WITNESS: Noel Thomas Feeny, F-E-E-N-E-Y. 13 DEPUTY CLERK: Thank you. 14 DIRECT EXAMINATION 15 BY MR. KARAS: 16 Q. Good afternoon, sir. 17 A. Good afternoon. 18 Q. Can you tell us how you are employed? 19 A. I'm a detective inspector with the antiterrorist branch at 20 New Scotland Yard in London. 21 Q. And can you tell us what your assignment was in late 22 September of 198? 23 A. I was responsible for supervising a search at The 24 Grapevine in the Kilburn High Road whilst engaging in the 25 antiterrorist branch. 3452 1 MR. KARAS: Your Honor, may I approach the witness? 2 THE COURT: Yes. 3 Q. Sir, I have placed before you what's been marked into 4 evidence as Exhibit 1608, and I'm wondering if you could tell 5 us which arrow represents where The Grapevine was located when 6 you searched it. 7 A. It's arrow number 8. 8 Q. And if you could give us the address for the record, 9 please? 10 A. It's 318 to 320 Kilburn High Road, London, Northwest 6. 11 Q. Thank you. 12 By the way, Detective Inspector, are you familiar 13 with the location known as 1a Beethoven Street? 14 A. I am, yes. 15 Q. Can you tell us approximately how far 1a Beethoven Street 16 is from The Grapevine, was at the time? 17 A. I would estimate that to be about one mile. 18 Q. Can you tell us what type of location, what type of 19 operation was ongoing at The Grapevine when you searched it? 20 A. The Grapevine was a small commercial business which was 21 primarily responsible for providing a service of 22 telecommunications and facsimile messages for members of the 23 public to use at a cheap rate. 24 Q. And what did the premises look like when you went that day 25 to search it? 3453 1 A. It's quite a small confined premises. Enter and exit is 2 by the same door. As you enter the premises, on the 3 right-hand side of the small counter customers are dealt with 4 there by the proprietors, who ask which service you require. 5 If it's telephone services, there are eight booths on 6 the near side, the left-hand side as you walk down the 7 corridor, to make private telephone calls from. If you 8 require to send or receive a fax message, that equipment is 9 further on down on the right-hand side past the proprietor's 10 counter. 11 Q. How many facsimile machines did you see that day during 12 your search? 13 A. I saw one machine. 14 Q. And can you tell us what the hours were of the store when 15 you went that day? 16 A. In 1998, The Grapevine were operating from around 8:00 in 17 the morning until very late at night, up until midnight, 18 depending on the customer requirement. 19 Q. And do you know where the proprietors of that business 20 lived during that time? 21 A. The proprietors had accommodation to the rear of the 22 premises, a separate doorway leading in from the actual 23 Grapevine business premises into the residential room. 24 Q. You mention that people could either send or receive a fax 25 to or from The Grapevine. Can you tell us how that worked? 3454 1 A. If you wished to send a fax, all you had to do was provide 2 the number and the pieces of paper to be done. That was done 3 for you. If you expected faxes to be received, there was a 4 facility for members of the public to walk in, no 5 identification was required, they would say, I'm expecting a 6 fax, and a binder would be passed to them in order that they 7 could examine the contents and claim any faxes therein, and a 8 nominal fee of about 50 pence per sheet would be charged by 9 the business. 10 Q. And what exact day did you go to The Grapevine to conduct 11 your search? 12 A. I attended on Saturday, the 26th of September, 1998. 13 MR. KARAS: Your Honor, may I approach the witness? 14 THE COURT: Yes. 15 Q. Detective Inspector, I have placed before you what have 16 been marked for identification as Government Exhibits 1576A 17 and 1576B. 18 Starting with 1576A, can you tell us what that is. 19 A. Exhibit 1576A is the folder that was in The Grapevine on 20 Saturday, the 26th of September, 1998, the faxes received in 21 that premises were stored in. 22 Q. And when you seized that folder, were there documents in 23 it? 24 A. There were a number of documents in this folder. 25 Q. If you could tell us what 1576B is. 3455 1 A. Exhibit 1576B is one of the documents extracted from the 2 folder and produced separately. 3 MR. KARAS: Your Honor, at this time we offer 1576A 4 and 1576B. 5 THE COURT: Yes, received. 6 (Government Exhibits 1576A and 1576B received in 7 evidence) 8 MR. KARAS: If we could display 1576A, at least the 9 folder portion of that, and if we could display 1576B. And if 10 we could highlight the fax header line up at the top. 11 Q. And, sir, if you could read us the date that's on the fax 12 header of 1576B. 13 A. It's August the 7th, 1998. 14 Q. Is there a time listed there? 15 A. There's a time of 04:45 a.m. 16 Q. And is there an indication of what page number that 17 document is? 18 A. Indication is it's page 1. 19 Q. And if we could display the entire document again. And if 20 you could read for us the handwritten words at the top of that 21 document? 22 A. Bears the name M.R. dot, dot Gorg, or Mr. Gorg, G-O-R-G. 23 MR. KARAS: Thank you. I have no further questions. 24 THE COURT: Anything of this witness? 25 MR. SCHMIDT: Nothing. 3456 1 THE COURT: Thank you, Detective Inspector. You may 2 step down. 3 THE WITNESS: Thank you, your Honor. 4 (Witness excused) 5 MR. KARAS: Your Honor, the government calls 6 Detective Constable Gary Clubb. 7 Your Honor, if I may publish 1576A and B to the jury. 8 THE COURT: Yes. 9 GARY WILLIAM CLUBB, 10 called as a witness by the government, 11 having been duly sworn, testified as follows: 12 DEPUTY CLERK: Please state your full name. 13 THE WITNESS: I'm Gary William Clubb, C-L-U-B-B. 14 DIRECT EXAMINATION 15 BY MR. KARAS: 16 Q. Good afternoon, sir. 17 A. Good afternoon to you, sir. 18 Q. Can you tell us how you are employed? 19 A. I'm a detective constable with the Antiterrorist Branch at 20 New Scotland Yard. 21 Q. And can you tell us how you were employed back in March of 22 1999? 23 A. That was my assignment at that time as well, sir. 24 Q. And did there come a time that you went to Paris, France, 25 as part of your duties with the antiterrorism branch? 3457 1 A. Yes, I had to go to Paris. 2 Q. What was the purpose of your visit to France? 3 A. The purpose of going to Paris was to retrieve faxes that 4 had been sent from London and to also interview persons at the 5 radio station to whom the faxes had been sent to ask what they 6 did with the faxes and what happened as a result of that. 7 8 (Continued on next page) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3457 1 Q. Okay. And can you tell us exactly what radio station 2 you're referring to? 3 A. Yes, sir, Radio France International which is a big radio 4 station on the outskirts of Paris. 5 Q. When you were in Paris in March of 1999 did you have an 6 opportunity to meet complete with French police officials? 7 A. Yes, I did. 8 Q. By the way, when you went to Paris did you bring anything 9 with you? 10 A. Yes, sir. I took copies of a document I know as SCG11 11 which is the English faxes that were sent to France. 12 Q. And did you have an opportunity to meet -- by the way, 13 please don't tell us what anybody said -- but did you have an 14 opportunity to meet with officials from Radio France? 15 A. Yes, I did. 16 Q. And can you tell us whether or not French police officials 17 were present during that meeting? 18 A. French police were present, sir, yes. 19 Q. And do you recall the exact date of that meeting? 20 A. Yes, sir. It was the 16th of March '99. 21 Q. And where did that meeting take place? 22 A. At Radio France International. 23 Q. And after the meeting at Radio France International did 24 you have a subsequent meeting with French police officials? 25 A. Yes, sir, I did. 3458 1 MR. KARAS: May I approach the witness, your Honor? 2 THE COURT: Yes. 3 Q. Sir, I placed before you what has been marked for 4 identification as Government Exhibits 1579. Can you tell us 5 what that is? 6 A. Yes, sir, this is a document that was handed to me at the 7 Palais de Justice. 8 Q. And the Palais Justice, what is that? 9 A. It's the French magistrates department, if you like. It's 10 the French judicial authority. 11 Q. And who was it that handed you that document? 12 A. A Mr. Remy Shays, who works at the Palais de Justice. 13 MR. KARAS: Your Honor, we offer Government Exhibit 14 1579. 15 THE COURT: Received. 16 (Government's Exhibit 1579 received in evidence) 17 Q. Now, sir, did you have an understanding with the French 18 police as to what, if anything, else they might send you in 19 connection with your trip to Paris in March of 1999? 20 A. Yes, sir. The understanding was that the original faxes 21 that had been sent to Radio France International would be sent 22 to us. 23 MR. KARAS: Your Honor, may I approach the witness? 24 THE COURT: Yes. 25 Q. Detective, I placed before you what has been marked for 3459 1 identification as Government Exhibit 1580. Can you tell us if 2 you recognize that document? 3 A. Yes, I do recognize this article. 4 Q. What is that document? 5 A. It's telefaxes that were sent to the British judicial 6 authority in London. 7 Q. When did you first receive those faxes that you have in 8 your hand there? 9 A. I went to the offices of Andrew Frazier Crown Prosecution 10 Service in May of '99. 11 Q. And the Crown Prosecution Service is located where? 12 A. In central London, sir, Lutgate Hill. 13 MR. DRATEL: Your Honor, at this time we offer 14 exhibit 1580. 15 THE COURT: Received. 16 (Government's Exhibit 1580 received in evidence) 17 Q. Now, sir, have you compared the documents that are 18 contained in 1579 with those contained in 1580? 19 A. Yes, sir. 20 Q. What conclusion have you drawn from that comparison? 21 A. That document 1579 is a copy of document 1580. 22 Q. Now, sir, are you familiar with the location that's 23 located at 12 Formosa Street in London? 24 A. Yes, sir, I am. 25 Q. And when was the last time you visited that location? 3460 1 A. Last Thursday, sir. 2 MR. KARAS: May I approach the witness, your Honor? 3 THE COURT: Yes. 4 Q. Sir, I'm showing you a map that's been marked in evidence 5 as 1608. If you could indicate the numbered arrow where 12 6 Formosa Street is located? 7 A. Yes, sir, here. 8 Q. If you could just indicate for the record the number? 9 A. It's number 9, sir. 10 Q. Thank you. Sir, I'm going to approach you with what has 11 been premarked for identification Government Exhibits 1575A 12 through 1575G. 13 Can you tell us what those exhibits are? 14 A. Yes, sir. They're photographs I took last Thursday. They 15 are of subpost office at number 12 Formosa Street in London. 16 Q. And can you tell us what type of business is located at 12 17 Formosa Street? 18 A. Yes, sir. It's a subpost office and general grocery 19 store. 20 Q. What types of items can one purchase or what types of 21 services can one receive there? 22 A. The subpost office does most of the general post 23 office-type of goods, stamps, postal orders, most government 24 type of services. The rest of the shop is given over to 25 fruit, vegetables, general groceries. 3461 1 Q. Those pictures that are before you, are those fair and 2 accurate depictions of 12 Formosa Street as you saw it last 3 week? 4 A. Yes, sir, they are. 5 Q. And the neighborhood around the subpost office itself? 6 A. Yes, sir, they are. 7 MR. KARAS: Your Honor, at this time we offer 1575A 8 through G? 9 THE COURT: Received. 10 (Government's Exhibits 1575A through G received in 11 evidence) 12 MR. KARAS: If we could display 1575A, please. 13 Q. Would you tell us what those two pictures marked as 1575A 14 reflect? 15 A. Those, sir, are two photographs of Formosa Street and 16 Formosa Street name is in the top left-hand corner. 17 Q. We're highlighting in on that. That's the street you're 18 referring to the street sign you're referring to? 19 A. Yes, sir. 20 MR. KARAS: If we could display 575B. 21 A. The shop front you see there with the green blind with the 22 red ribbon across the front of it is the front of number 12, 23 which is in fact the subpost office. 24 Q. And 1575C. 25 A. Sir, that closeup is of the post office sign attached to 3462 1 the side of Formosa Street post office. 2 Q. And 1575D. 3 A. Yes, sir. The top image shows the entrance to number 12 4 Formosa Street with the sign in the door in the bottom 5 right-hand corner. The bottom photograph shows the subpost 6 office part of the store inside the premises. 7 Q. Can you tell us what that machine is to the right there of 8 the post office? 9 A. In the bottom photograph? 10 Q. Correct? 11 A. I think that's a photocopier, sir. 12 Q. 1575E, please. Tell us what that is? 13 A. Again, sir, that's a more general photograph of the store 14 showing the type of produce that's sold there, but it also 15 shows the location of the subpost office in the far left-hand 16 corner of the shop. 17 Q. 1575F. 18 A. Again, sir, as I came closer to the subpost office part of 19 the store I saw the sign still in the window indicating that 20 the owner of the shop offers a fax service to anyone that 21 takes documents to them. 22 Q. And 1575G. 23 A. Yes, sir. You recall when I indicated the front door of 24 the property and said there was a sign in the bottom 25 right-hand corner. I took some closeup photograph of that 3463 1 sign which does in fact show quite clearly the fax service 2 that the owner of the shop offers. 3 MR. KARAS: Thank you. I have no further questions. 4 CROSS-EXAMINATION 5 BY MR. DRATEL: 6 Q. Good morning Det. Clubb. 7 A. Good morning, sir. 8 Q. You say you took those photos 12 days ago or last Thursday 9 was it that you took the photos? 10 A. Last Thursday, yes, sir. 11 Q. So you then didn't take those photos in 1998 correct? 12 A. Sir, I took them last Thursday. 13 MR. DRATEL: No further questions, your Honor. 14 THE COURT: Thank you. You may step down. 15 (Witness excused) 16 THE COURT: You want to recall the witness? 17 MR. KARAS: I do have some stipulations. 18 THE COURT: Yes. 19 MR. KARAS: Your Honor, the first stipulation is 20 marked for identification as Government Exhibit 161. 21 It is hereby stipulated and agreed by and between the 22 parties that if called as a witness an employee of British 23 Telecom familiar with the records maintained by that company 24 would testify that: 25 1. Government Exhibits 1581 through 1591, and 1593 3464 1 and 94 are authentic business records of British Telecom that 2 were made at or near the time of the acts and events recorded 3 in them and were prepared and kept in the regular course of 4 British Telecom's business activity. Specifically: 5 A. Government Exhibit 1581 is a copy of toll and 6 subscriber records for the telephone number 0181208-4422 7 covering the period from July 1996 to September 1998. 8 B. Government Exhibit 1582 is a copy of toll and 9 subscriber records for the telephone number 0181208-4433 10 covering the period from August 1996 to September 1998. 11 C. Government Exhibit 1583 is a copy of toll and 12 subscriber records for the telephone number 01181208-4411 13 covering the period from April 1997 to January 1999. 14 D. Government Exhibit 1584 is a copy of toll and 15 subscriber records for the telephone number 0181968-0048 16 covering the period from June 1998 to November 1998. 17 E. Government Exhibit 1585 is a copy of toll an 18 subscriber records for the telephone number 0181 969-3220 19 covering the period from June 1997 to January 1998. 20 F. Government Exhibit 1586 is a copy of toll and 21 subscriber records for the telephone number 0181964-0087 22 covering the period from April 1997 to September 1997. 23 G. Government Exhibit 1587 is a copy of toll and 24 subscriber records for the telephone number 0181964-0087 25 coverings the period from September 1997 to March 1998. 3465 1 H. Government Exhibit 1588 is a copy of toll and 2 subscriber records for the telephone number 0181960-0574 3 covering the period from November 1997 to January 1998. 4 I. Government Exhibit 1589 is a copy of toll and 5 subscriber records for the telephone number 0181960-0574 6 covering the period from February 1998 to November 1998. 7 J. Government Exhibit 1590 is a copy of toll and 8 subscriber records for the telephone number 0181968-2081 9 covering the period from June 1998 to October 1998. 10 K. Government Exhibit 1591 is a copy of toll and 11 subscriber records for the telephone number 0181964-2549 12 covering the period from August 1996 to October 1997. 13 L. Government Exhibit 1593 is a copy of toll and 14 subscriber records for the telephone number 0181960-8904 15 covering the period from September 1997 to March 1998. 16 M. Government Exhibit 1594 is a copy of toll and 17 subscriber records for the telephone number 0181741-8008 18 covering the period from October 1997 to October 1998. 19 2. A subscriber record reflects, among other things, 20 a telephone number or numbers, the address where the telephone 21 number is listed, the customer who subscribes to that 22 telephone number, a name for purposes of billing, and address 23 for purposes of billing, and other related information. 24 3. Toll records reflect, among other things, 25 outgoing calls made from a telephone number or numbers, the 3466 1 outgoing telephone number called from a telephone, the local 2 time and date of the call, and the length of the call and 3 other related information. 4 At this time, your Honor, the government offers 5 exhibits 161 and exhibit 1581 through 1591 and 1593 to 94? 6 THE COURT: Received. 7 (Government's Exhibits 161 and exhibits 1581 through 8 1591 and 1593 to 1594 received in evidence) 9 MR. KARAS: The next stipulation is marked as exhibit 10 162. 11 It is hereby stipulated and agreed by and between the 12 parties as follows: 13 If called as a witness and employee of One 2 One 14 Mobile Phone Company in England familiar with the records 15 maintained by that company would testify that: 16 1. Government Exhibits 1595 and 1596 are authentic 17 business records of One 2 One that were made at or near the 18 time of the acts and events recorded in them and were prepared 19 and kept in the regular course of One 2 One's business 20 activity. Specifically: 21 A. Government Exhibit 1595 is a copy of toll and 22 subscriber records for the telephone number 0956657875 23 covering the period from December 1997 to September 1998. 24 B. Government Exhibit 1596 is a copy of toll and 25 subscriber records for the telephone number 0956357-892 3467 1 covering the period from October 1997 to September 19982. 2 A subscriber record reflects, among other things, a 3 telephone number or numbers, the address where the telephone 4 number is listed, the customer who subscribes to that 5 telephone number, a name for purposes of billing, and address 6 for purposes of billing, and other related information. 7 3. Toll records reflect, among other things, 8 outgoing calls made from a telephone number or numbers, the 9 outgoing telephone number called from a telephone, the local 10 time and date of the call, and the length of the call, and 11 other related information. 12 At this time, your Honor, the government moves 13 exhibits 162 and 1595 and 1596 into evidence. 14 THE COURT: Received. 15 (Government's Exhibits 162 and 1595 and 1596 received 16 in evidence) 17 MR. KARAS: The next stipulation is marked as exhibit 18 163. It reads as follows: 19 It is hereby stipulated and agreed by and between the 20 parties that if called as a witness, am employee of Cable and 21 Wireless familiar with the records maintained by that company 22 would testify that: 23 1. Government Exhibit 1577 is an authentic call log 24 for the phone located at 12 Formosa Street, London, England 25 for the period July 15 through August 13, 1998, and is an 3468 1 authentic billings record of Cable and Wireless that was made 2 at or near the time of the acts and events recorded in them 3 and were prepared and kept in the regular course of British 4 Cable and Wireless business activity. 5 2. A call log reflects, among other things, outgoing 6 calls made from a telephone number or numbers, the outgoing 7 telephone number called from a telephone, the local time and 8 date of the call, and the length of the call and other related 9 information. 10 Your Honor, at this time the government offers 11 exhibits 163 and 1577. 12 THE COURT: Received. 13 (Government's Exhibits 163 and 1577 received in 14 evidence) 15 MR. KARAS: The next stipulation is marked as exhibit 16 164. 17 It reads: It is hereby stipulated and agreed by and 18 between the parties that if called as a witness, Naomi Wood 19 would testify that she is the landlord of the premises known 20 as 1a Beethoven Street, London, England, and that she was the 21 landlord of said premises during 1997 and 1998. 22 Ms. Wood would further testify that Government 23 Exhibits 1550, 1551, 1552, and 1553 are copies of leases 24 executed for Units 5 and 6 within the premises located at 1a 25 Beethoven Street during 1997 and 1998. 3469 1 At this time, your Honor, the government offers 2 exhibit 164 as well as exhibits 1550, 1551, 1552 and 1553. 3 THE COURT: Received. 4 (Government's Exhibits 164, 1550, 1551, 1552 and 1553 5 received in evidence) 6 MR. KARAS: The next stipulation is marked as exhibit 7 165. 8 It is hereby stipulated and agreed by and between the 9 parties. 10 1. If called as a witness, John Emery, would testify 11 as follows: 12 A. He is a technical officer employed by the 13 Metropolitan Police Officer Service at New Scotland Yard in 14 London, England. 15 B. He examined a Cascio SF-5600AR digital diary 16 indicated as Government Exhibit 1501, that was recovered in 17 the vehicles of Ibrahim Eidarous in London, England on 18 September 23, 1998. The Cascio was found to contain English 19 telephone and address entries. 20 C. He transferred the electronic entries onto paper. 21 Government Exhibit 1501A is a fair and accurate copy of the 22 paper copy of the entries stored on the Cascio found in 23 Ibrahim Eidarous's residence. It should say "vehicle." 24 At this time, your Honor, the government offers 165 25 and 1501A. 3470 1 THE COURT: Do we physically change the word 2 residence appearing in the last line of the first page of 165? 3 Is that agreeable to everyone? 4 MR. DRATEL: Yes, your Honor. 5 THE COURT: Received. 6 (Government's Exhibits 165 and 1501A received in 7 evidence) 8 MR. KARAS: The next stipulation is marked as exhibit 9 166. 10 It is hereby stipulated and agreed by and between the 11 parties that: 12 1. If called as a witness a computer forensics 13 analyst employed by the Metropolitan Police Service at New 14 Scotland Yard would testify that Government Exhibit 1626 is a 15 copy of a computer disk seized from 94 Dewsbury Road, London, 16 England, the residence of Khalid al-Fawwaz, on September 23, 17 1998. The computer forensics analyst would further testify 18 that he retrieved and printed the documents identified as 19 Government Exhibits 1626A, 1626B, 1626C and 1626D. 20 At this time, your Honor, the government offers 166 21 and 1626, 1626A through D. 22 THE COURT: Received. 23 (Government's Exhibits 166 and 1626, 1626A, through D 24 received in evidence) 25 MR. KARAS: Next, your Honor, is stipulation marked 3471 1 as 167. 2 It is hereby stipulated and agreed by and between the 3 parties as follows: 4 1. If called as a witness at trial, an officer 5 employed by the Metropolitan Police Service at New Scotland 6 Yard would testify that he took the fingerprints and palm 7 prints of Adel Abdel Bary on September 23, 1998 in London, 8 England, and that Government Exhibit 1531 is a certified and 9 fair and accurate copy of the fingerprint and palm print cards 10 on which he marked these fingerprints and palm prints. 11 2. If called as a witness at trial, and officer 12 employed by the Metropolitan Police Service at New Scotland 13 Yard would testify that he took the fingerprints and palm 14 prints of Ibrahim Eidarous on September 23, 1998 in London, 15 England and that Government Exhibit 1543 is a certified and 16 fair and accurate copy of the fingerprints and palm print 17 cards on which he marked these fingerprints and palm prints. 18 3. If called as a witness at trial, Brian Charles 19 Rice would testify that: 20 A. He is a Senior Identification Officer and 21 fingerprint identification expert employed by the Metropolitan 22 Police Service at New Scotland Yard. 23 B. He has been engaged in identification of persons 24 by means of fingerprints for more than twenty-six years and 25 that he has never known finger, thumb or palm print 3472 1 impressions of different persons to be identical. 2 C. He was asked to process, among other documents, 3 the documents marked as Government Exhibits 1556 known as 4 SCG/112, 1558 known as SCG/109, 1500 known as PJW/6, and 1557A 5 through E known as SCG/11 for the development of latent 6 fingerprints and palm prints and to compare and develop latent 7 fingerprints and/or palm prints with the known fingerprints 8 and/or palm prints of Adel Abdel Bary and Ibrahim Eidarous. 9 D. He was able to process latent fingerprints on 10 these items and was able to identify them as being from Adel 11 Abdel Bary and/or Ibrahim Eidarous as indicated in the graphic 12 presentations identified as Government Exhibits 1556-LP, which 13 relates also to the exhibit known as SCG/112, 1558-LP also 14 known as CG109; 1500-LP which relates to PJW/6 and 1557A-LP 15 through 1557E-LP. With regard to Government Exhibit 1500 16 which relates to PJW/6 Mr. Rice only identified the 17 fingerprint of Ibrahim Eidarous on page 6 of this exhibit and 18 the inside cover. 19 Your Honor, at this time the government offers 167 as 20 well as 1531, 1543, 1556-LP, 1558-LP, 1500-LP and 1557A-LP 21 through 1557E-LP. 22 THE COURT: Received. 23 (Government's Exhibits 167, 1531, 1543, 1556-LP, 24 1558-LP, 1500-LP and 1557A-LP through 1557E-LP received in 25 evidence) 3473 1 MR. KARAS: Your Honor, this might be a good time for 2 a break. 3 THE COURT: All right. We're adjourned until 2:15. 4 (Luncheon recess) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3474 1 A F T E R N O O N S E S S I O N 2 2:15 p.m. 3 MR. KARAS: There was just one other stipulation, 4 your Honor. I wanted to correct a typographical error. We'll 5 just put that on the record. 6 THE COURT: You want to do that? 7 MR. KARAS: If I could put that on the record, yes. 8 THE COURT: After the jury is gone. 9 Any reason not to bring in the jury? 10 MR. COHN: Your Honor, give me two minutes. I may be 11 able to save a substantial amount of time. 12 THE COURT: All right. 13 MR. SCHMIDT: I just want to note one thing based on 14 our earlier conversation: that there are still some 15 discovery/Brady material that we still await from the 16 government, and based on my conversations with the 17 government -- 18 THE COURT: Could we have some quiet here, Mr. Cohn. 19 Mr. Cohn, could you conduct your conversations so that -- 20 MS. GASIOROWSKI: It's with the defendant. 21 MR. COHN: It's with the defendant and I can't really 22 move. 23 THE COURT: I see. All right, go ahead. 24 MR. COHN: But I'll waive -- 25 MR. SCHMIDT: And I am assuming the government is 3475 1 waiting for them to complete their case before they get us the 2 material that we requested and your Honor ordered, but I'm 3 looking at Mr. Karas and he looks somewhat dumbfounded. I'm 4 not sure that that's his desire. That might affect the 5 conversation that I had, we had earlier behind the courtroom, 6 depending on the nature of the material given to us. 7 THE COURT: That's unacceptable. First of all, with 8 respect to these issues I have repeatedly asked counsel 9 whether they were ripe for the Court to deal with them and I 10 have been repeatedly assured that it was not yet ripe. 11 It will be unacceptable if an application is made for 12 a continuance on the grounds that something has not occurred 13 which the Court had ordered to be done or because some things 14 have not yet been accomplished. 15 If the ball is in the government's court, then the 16 government should deal with the matters promptly. And if we 17 know now that any tentative decisions we've made with respect 18 to timing are not going to be accomplished because of any of 19 these matters, then I want to deal with it promptly. 20 I, with considerable reluctance, have accepted 21 defendants' joint requests with respect to timing because I 22 realized the complexity and I realized the other matters 23 affecting timing, but if you have any serious question about 24 timing by virtue of any matters such as you have alluded to, 25 then we should take them up on Thursday immediately after the 3476 1 issues raised by the Odeh subpoenas. 2 Okay, let's bring in the jury. 3 (Pause) 4 THE COURT: I said Odeh's subpoenas and I meant 5 Al-'Owhali's. 6 (Jury present) 7 PETER JAMES WILLIAMS, Recalled 8 THE COURT: I understand the government wishes to 9 recall Detective Williams? 10 MR. KARAS: Yes, your Honor. 11 THE COURT: Mr. Williams, I remind you you are still 12 under oath. 13 THE WITNESS: Yes, sir. 14 DIRECT EXAMINATION 15 BY MR. KARAS: 16 Q. Good afternoon, sir. 17 A. Good afternoon. 18 Q. I'm going to approach with what have been premarked for 19 identification in handwriting Government Exhibit 1532-I.D. and 20 then Exhibits 1532, 1533, 1534, 1535 and 1536. 21 With respect to 1532-I.D., can you tell us what that 22 is? 23 A. Yes, sir. It's a brown leather briefcase containing 24 personal papers, two Egyptian passports, an address book, 25 flight tickets. 3477 1 Q. And where were those items seized? 2 A. They were seized on top of a wardrobe in one of the 3 downstairs bedrooms. 4 Q. And this is in Mr. Eidarous's house? 5 A. It is, yes, sir. 6 Q. 38 Waldo Road? 7 A. Yes, sir. 8 Q. And how is it you recognize 1532-I.D.? 9 A. I recognize it by my exhibit number PJW/20, my 10 handwriting, and my signature. 11 Q. With respect to 1532 through 1536, can you tell us where 12 those documents came from? 13 A. These documents were recovered from -- 1532, from the 14 inside of 1532. 15 Q. 1532-I.D. 16 A. -I.D. 17 MR. KARAS: Your Honor, at this time we offer 18 Exhibits 1532 through 36. 19 THE COURT: Received. 20 (Government Exhibits 1532, 1533, 1534, 1535 and 1536 21 received in evidence) 22 MR. KARAS: No further questions. 23 MR. SCHMIDT: No questions. 24 THE COURT: Thank you. 25 THE WITNESS: Thank you very much. Thank you, sir. 3478 1 MR. KARAS: Your Honor, at this time we would like to 2 display Government Exhibit 1622, and if we could focus down at 3 the bottom address on that page and reading the last word in 4 in English, Ziyad Khaleel, and above that the number 5 4077379489, below that 4077190460, and right above Ziyad 6 Khaleel, Orlando, FL. 7 And if we could display 1623. And for the record 8 these are exhibits that Detective Webber testified were from 9 94 Dewsbury. And if we could focus on the bottom portion 10 there where it says "payment portion" and "shipper," and for 11 the record, payment portion, Saad Al-Fagih, and below that 12 where it says "check payable to Ziyad Khaleel," and to the 13 right, "shipper, Ziyad Khalleel," same spelling, and shipped 14 to Saad Al-Fagih, same spelling. 15 And if we could take that document and put it on the 16 left side of the screen and on the right side display Exhibit 17 592-2. This is one documents of the documents that 18 Ms. Marilyn Morelli testified to from O'Gara, and if we could 19 focus on, at first, the top of the document on the right, the 20 "to" and "from" and "subject" and "date" and to John Lageeza, 21 516586531 from Ziyad Khalil; subject, order of Exact-M 22 Satellite Telephone, date 11/1/96. 23 And if we could display that whole document and then 24 focus on number 2, where it reads the rest of the balance and 25 in handwritten handwriting there, S. R. H. Al-Fagih. 3479 1 And if we could display Government Exhibit 1639, one 2 of the documents seized from 94 Dewsbury, and focus on the 3 second transaction there after 06057*Ziyad, next word K-H-A-L, 4 and then there's a star and TFR 1700.16. And then if we could 5 next display Government Exhibit 594-4 -- actually, first if we 6 could just display -1. 7 This says "minutes used" and the voice IMN reads 8 682505331. And if we could then go to page 4 and then if we 9 could focus on the calls made on 5/4/97, and the first call 10 5/4/97 at time 15:17:04 from 682505331 to 00441812084411. 11 And if we could next display Government Exhibit 1625, 12 one of the documents found at 94 Dewsbury in London, and if we 13 could highlight the top portion of that, the top third or so, 14 and the fax header reads "May 8, 1997, 4:41 p.m., OSN & OGM, 15 plus sign one in (516) 586-5531. And below that it reads add 16 minutes transaction order, and below it appears to be an M 17 circled and handwriting date 5/8/97. 18 And if we could display that whole document on the 19 left side of the screen and on the right side Government 20 Exhibit 593-3, one of the exhibits Ms. Morelli testified to 21 from O'Gara and to Ziyad Khalil from Marilyn Morelli, date, 22 May 8, 1997; subject, minutes. And at the bottom, signed 23 Marilyn Morelli. And if we could display on the right side of 24 the screen Government Exhibit 593-4. 25 Next, if we could display Government Exhibit 594 -- 3480 1 I'm sorry, if we could display 593-7, another exhibit 2 Ms. Morelli testified to, and if we could focus on the section 3 below "pro forma invoice" down to the "shipping and handling 4 charges" section, so from "pro forma invoice" down. 5 A little farther down, if we could. Thank you. 6 And below "customer, Mr. Ziyad Khalil, and to the 7 right, "ship to." Below that, Tarik Hamdi, 933 Park Ave., 8 Herndon, JA 20170, and that's dated on the right there, May 9 11, 19988. If we could put that on the left side of the 10 screen, and then if we could display on the right side 11 Government Exhibit 1621, one of the documents found at 12 Dewsbury Road. 13 At the top, "ABC News World News Tonight." April 22, 14 1998, addressed to Mr. S. Rashid, 21 Blackstone Road, London, 15 NW, 260A, England, UK. 16 "Dear Mr. Rashid: As per our conversations with 17 Mr. Tarik Hamdi in Washington, I am confirming our interest in 18 interviewing Mr. Bin Laden for ABC News. We would propose 19 that the interview air both on ABC news programs "World News 20 Tonight" with Peter Jennings and "Nightline" with Ted Koppel. 21 We are interested in Mr. Bin Laden's views regarding the 22 Islamic movement in the Middle East, the role and objectives 23 of Islamic militants and attitudes towards U.S. policy in the 24 region. 25 "I will continue to be in contact with Mr. Hamdi 3481 1 regarding the timing for our trip. 2 "Thank you for your assistance in making this 3 important project possible. 4 "Sincerely, Christopher Isham." 5 And if we could display on the right side of the 6 screen Government Exhibit 1601, another document found at 94 7 Dewsbury. If we could highlight the text. At the top, "ABC 8 News World News Tonight," dated May 13, 1998 on the right: 9 "Dr. Mohamed Atef, Media Bureau. 10 "Dear Dr. Atef: As per our conversations with 11 Mr. Tarik Hamdi in Washington, I am confirming or interest and 12 desire to interview Mr. Bin Laden for ABC News. This 13 interview will air on ABC news programs "World News Tonight" 14 with Peter Jennings and Nightline with Ted Koppel. We are 15 interested in Mr. Bin Laden's views regarding the developing 16 Islamic movement in the Middle East as well as the role of 17 Islamic militants and their attitudes towards U.S. policy in 18 the region. 19 "Thank you for your assistance in making this 20 important project possible. 21 "Signed, Len Tepper, producer, ABC News." 22 If we could next display Government Exhibit 594-27, 23 one of the pages from the outgoing calls for 682505331, and if 24 we could focus on the bottom three calls and highlight those. 25 And the very last call, 7/29/98, 07:10:25, call from 3482 1 6823505331 to 55441812084411, and then if we could next 2 display Exhibit 593-7 -- excuse me, 593-9, and reading from 3 the top, "Add Minutes Transaction Order," if we could focus on 4 the date there. I think I can read a date 7/30/98 and if we 5 could pull up the next page, -10, 593-10 --8, and at the top 6 ATT calling Marilyn Morelli, fax 516-586-5531, subject adding 7 400 min. to terminal number 6015000230 from Ziyad Khalil. And 8 if we could focus at the bottom, right exactly from there 9 down, "Please try to finish this before noon. Thank you very 10 much." Signed, Ziyad Khalil, 4/13/98 crossed out. Next to 11 that, 8:48 a.m. Below 4:13/98 reads 7/30/98, 8:50 a.m. 12 And next if we could display Exhibit 1501-A, and this 13 is the print-out from the Casio about which there was a 14 stipulation before lunch, and if we could focus on the fourth 15 or fifth, Abo Abdulla, and there's three "at" signs. Next to 16 that reads 00873682505331, below that fax, and then to the far 17 right is the number 2. And then for identification we'll 18 display Exhibit -- 19 MR. FITZGERALD: 598. 20 MR. KARAS: 598. 21 For the record, the Casio was found in Mr. Eidarous's 22 house. Car, excuse me. His car. 23 Your Honor, at this time the government calls Margot 24 Hitpas. 25 MARGOT HITPAS, recalled. 3483 1 THE COURT: The court reminds you, ma'am, that you 2 are still under oath. 3 DIRECT EXAMINATION 4 BY MR. KARAS: 5 Q. If you could just remind us what it is that you do. 6 A. I'm a paralegal specialist at the U.S. Attorney's Office 7 here in Manhattan. 8 MR. KARAS: May I approach the witness, your Honor? 9 THE COURT: Yes. 10 BY MR. KARAS: 11 Q. Ms. Hitpas, I have shown you what have been marked for 12 identification as Exhibits 95 and 96. Can you tell us what 13 those are? 14 A. They are summary charts for telephone calls made on 15 February 22nd, 1998 and February 23rd, 1998. 16 Q. Which exhibit number goes with February 22nd, 1998? 17 A. Exhibit No. 95. 18 Q. And 96 is from February 23, 1998? 19 A. That's correct. 20 Q. And can you tell us what telephone records you reviewed 21 before creating or helping to create this chart? 22 A. The telephone records came from on page 3, the listing of 23 phone numbers. 24 Q. And were these telephone records for certain phone 25 numbers? 3484 1 A. Yes. 2 Q. And can you tell us what phone numbers or what records for 3 what phone numbers you reviewed before creating this chart? 4 A. You want me to say the phone numbers? 5 Q. If you could. 6 A. 682505331, 441812084411, 441812084422, 441817418008, 7 44956375892 and 44956657875. 8 Q. Is that for Exhibit 95? 9 A. Yes. 10 Q. And for Exhibit 96, did you review the same numbers you 11 just read out to us? 12 A. Yes. 13 Q. And were there any additional numbers or records for 14 additional numbers you reviewed? 15 A. Yes, there were. 16 Q. What were those? 17 A. 441812084433, 44956375892, 441819640087 and 441819608904. 18 Q. And comparing the calling information that is in the 19 summary charts 95 and 96, can you tell us whether or not those 20 are accurate when you compared those to the records for the 21 phone numbers you just read to us? 22 A. Yes, they are. 23 MR. KARAS: Your Honor, at this time we offer 24 Exhibits 95 and 96. 25 THE COURT: Received. 3485 1 (Government Exhibits 95 and 96 received in evidence) 2 MR. KARAS: If we could display Exhibit 95, please, 3 and if we could go to page 2 of Exhibit 95. 4 Q. Now, the local time column on the far left, what time is 5 used on this chart for those calls? 6 A. Greenwich mean time. 7 Q. And the length of call for the -- you see the call that 8 says 5:49 p.m.? 9 A. Yes. 10 Q. If you could just read to us the length of call, the 11 originating number, the originating subscriber, and the number 12 called and the subscriber called. 13 A. The length of call is 30.7 minutes, the originating number 14 is 441817418008, the originating subscriber is Al-Quds. The 15 number called is 873682505331 and the subscriber called is 16 Ziyad Khalil. 17 MR. KARAS: And if we could display Government 18 Exhibit 93, please, and if we could display page 2 of 19 Government Exhibit 93. 20 If we could focus on the bottom down there, Al-Quds 21 al-Arabi, Volume 9, Issue 3722, Monday, February 23, 1998, and 22 if we could display Exhibit 93-T. 23 And just reading the title there, "Al-Quds al-Arabi, 24 February 23, 1998, Bin Laden, others, signed fatwah to kill 25 Americans everywhere." And if we could display Exhibit 96, 3486 1 please, and then page 2. 2 Your Honor, may I approach the witness? 3 THE COURT: Yes. 4 Q. Now, Ms. Hitpas, I have shown you what have been marked 5 for identification as Exhibits 340, 341, 342 and 343. 6 Generally speaking, can you tell us what those are? 7 A. These are also summary charts for phone calls. 8 Q. And starting with 340, can you tell us what the number is 9 that this chart reflects, the outgoing number? 10 A. The outgoing phone number is 412 -- excuse me, 512430. 11 Q. Can you tell us whether or not you reviewed records for 12 that number before preparing that chart? 13 A. Yes, I did. 14 Q. Is the information contained on that chart accurate as 15 compared to the records you reviewed? 16 A. Yes, it is. 17 Q. Next, with respect to 341, can you tell us what the 18 outgoing phone number is for that chart? 19 A. The outgoing phone number is 766793. 20 Q. Did you review billing records for 766793 before preparing 21 this chart? 22 A. Yes, I did. 23 Q. Exhibit 342, what is the outgoing phone number for that 24 chart? 25 A. 767437. 3487 1 Q. Did you review the billing records for 767437 before 2 preparing that chart? 3 A. Yes, I did. 4 Q. Now, these first three numbers that you just mentioned, in 5 what country were these numbers? 6 A. Kenya. 7 Q. Finally, with respect to Exhibit 343, what is the outgoing 8 phone number reviewed in that chart? 9 A. 682505331. 10 Q. Did you review the records for 682505331 before preparing 11 this chart? 12 A. Yes, I did. 13 Q. With respect to all four charts, is the information 14 contained in the charts accurate as compared to the records 15 that you reviewed? 16 A. Yes, it is. 17 MR. KARAS: Your Honor, at this time we offer 18 Exhibits 340, 341, 342 and 343. 19 THE COURT: Received. 20 (Government Exhibits 340, 341, 342 and 343 received 21 in evidence) 22 BY MR. KARAS: 23 Q. If we could display on the Elmo 340, please. And for the 24 record, Ms. Hitpas, if you could just read right below where 25 it says "summary chart." 3488 1 A. Operated assisted calls from 43 Runda Estates, phone 2 number 512430. 3 Q. And reading along the first row, if you could give us the 4 date, local time, and the information provided therein. 5 A. The date is August 5th, 1998, local time 11:11 p.m., 6 length of call 6 minutes, 39 seconds, originating caller, 7 Khalid Salim, number called 1200578, location called Yemen. 8 Q. And the next two calls, if you could just tell us what the 9 originating caller is listed. 10 A. Khalid Salim. 11 Q. And the number that is called? 12 A. 1200578. 13 Q. And the location where that is, that number is? 14 A. Yemen. 15 Q. And for the record, those next two calls are on what date? 16 A. August 6th, 1998. 17 Q. And if you could read for us the last row. 18 A. The date is August 7, 1998, local time is 9:19 a.m., 19 length of call, 20 minutes, 43 seconds, originating caller 20 Khalid S., number called 1200578, location called Yemen. 21 Q. If we could display Exhibit 341, please, and if you could 22 just read for us the line below "summary chart." 23 A. Outgoing calls from phone number 766793 located at 11th 24 Street, Eastleigh. 25 Q. And the first call on August 8, if you could read across 3489 1 from there. 2 A. The date is August 8, 1998, local time is 12:06 p.m., 3 length of call, 1 minute, 4 seconds, number called 1200578, 4 location called Yemen, subscriber called unknown. 5 Q. And the next call? 6 A. The date is August 12, 1998, local time is 9:32 a.m., 7 length of call 30 seconds, number called 1200578, location 8 called Yemen, subscriber unknown. 9 Q. And if we could display Exhibit 342, if you could read for 10 us the -- well, if you just tell us the first three calls, 11 what day do those first three calls listed on that chart, 12 what's the date on those calls? 13 A. August 8, 1998. 14 Q. And the first call is to what number? 15 A. 1200579. 16 Q. And the next two calls? 17 A. 1200578. 18 Q. By the way, the call to 579, what's the length of that 19 call? 20 A. 18 seconds. 21 Q. And the next three calls, what day do those calls take 22 place? 23 A. August 9th, 1998. 24 Q. And what is the number called those three times? 25 A. 1200578. 3490 1 Q. And finally, the last row. 2 A. The date is August 11, 1998, the local time is 8:22 p.m., 3 length of call, 50 seconds, number called 1200578. 4 Q. And for the record, the location of every call listed on 5 this chart is what country? 6 A. Yemen. 7 Q. And finally, if we could display Exhibit 343, and if you 8 could read for us the line below summary chart, please. 9 A. Calls to satellite phone number 682505331 to Yemen number 10 1200578. 11 Q. Does it say calls to or from satellite phone? 12 A. Calls from satellite phone. 13 Q. And on August 10, if you could just read across that row. 14 A. The date is August 10, 1998, local time 4:19 p.m., length 15 of call, 2.7 minutes, number called 1200578, location called 16 Yemen, subscriber called unknown. 17 Q. By the way, local time it says underneath GMT, does that 18 mean Greenwich mean time? 19 A. Yes, it does. 20 Q. The next call on that chart? 21 A. The date is August 11th, 1998, local time 5:04 a.m., 22 length of call .6 minutes, number called 1200578, location 23 called Yemen, subscriber unknown. 24 Q. And the last call? 25 A. The date is August 11th, 1998, local time 11:25 a.m., 3491 1 length of call .7 minutes, number called 1200578, location 2 called Yemen, subscriber unknown. 3 Q. Now, did you have an opportunity to review all of the 4 billing records for the phone number 682505331? 5 A. Yes, I did. 6 Q. Can you tell us, aside from these three calls to that 7 number 1200578 that are listed here, were there any other 8 calls from the satellite phone 682505331 to that number in 9 Yemen aside from these three calls listed here? 10 A. There were no other calls. 11 MR. KARAS: I have no further questions. 12 MR. SCHMIDT: No questions. 13 THE COURT: Thank you. You may step down. 14 (Witness excused) 15 MR. FITZGERALD: Your Honor, at this time we would 16 like to display some exhibits. 17 THE COURT: Yes. 18 MR. FITZGERALD: If we could first display just page 19 3 of 202A-T on the screen, page 2 at 202A-T, and if we could 20 just focus on the phone number in the middle of the page 21 989965. And if we could just display page 4 -- sorry, yes, 22 page 4, same exhibit, 202A-T, page 4. 23 If we could focus on page 4. This looks like page 5, 24 go one page before that, and if we could look at -- okay, why 25 don't we just stay with 989965, and if we could now display on 3492 1 the Elmo Government Exhibit 304, the pop-up phone book seized 2 by Agent Coleman, and if we could turn to letter S and display 3 that page on the overhead. 4 And if we could focus on the fifth entry from the 5 bottom, next to the word Saad, and reading into the record: 6 99412 and the last six digits 989965, and if we could also 7 read the slash next to it as being 955769. 8 Now if we could close the pop-up phone book and open 9 it under D and look up Dardaa, and looking at the entry for 10 Dardaa Liby, six digits 755769. I'm sorry, I can't read that 11 well these days, 955769. There is an unclear letter followed 12 by 55769. 13 If we could now display on the Elmo Government 14 Exhibit 594, 594, the entry for December 5th, 1996 -- display 15 it as 594, page 2, and focus on the entry, December 5, 1996 at 16 9:17 all the way across in regard to that and read, the entry 17 is 99412989965 and the calling number is 682505331. 18 If we could now display 624J-T and read the letter 19 dated October 23, 1996. 20 (Government Exhibit 624J-T read) 21 MR. FITZGERALD: This is 624J-T, translation of the 22 document from the search of Mercy International, and now we 23 will display 624I-T, another document from the search of Mercy 24 International that reads: 25 (Government Exhibit 624I-T read) 3493 1 MR. FITZGERALD: The government would now like to 2 display on the Elmo Government Exhibit 623, followed by 3 Government Exhibit 621, followed by Government Exhibit 634, 4 just the outside of the exhibit, and 631. If we could just 5 remove it from the plastic and show what the outside cover of 6 the item looks like. 7 Republic of Yemen passport. That was Government 8 Exhibit 631. If we could show the back of 623 and if we could 9 lighten it. Republic Arabe to Egypt, and if we could display 10 the last item, also from the search of Mercy International, 11 and I'll read the stamp: Kenya (106) immigration officer, 12 Nairobi. 13 We'll go to back to the computer and display GX4, 14 page 12, and if we just read into the record under Ihab Ali, 15 Nawawi and Joseph Kenana, and now if we could display on the 16 Elmo Government Exhibit 305, black leather organizer with the 17 Wadih El Hage business card on the inside. 18 MR. SCHMIDT: What was that number again, please? 19 MR. FITZGERALD: Government Exhibit 305 admitted 20 during the testimony of Agent Coleman. 21 If we could display on the Elmo the black organizer 22 with the card on the inside, and then if we turn two pages and 23 the first page, if we could focus on the entry for Nawawi, and 24 reading the address, box 11343, Khobar-Saudi. If we could 25 turn to the next page, and reading the entry for Yousef 3494 1 Kenana, Box 11343, Dayton, Texas 76015. 2 If I could have one moment, your Honor. 3 (Pause) 4 MR. FITZGERALD: I'm going to locate one stipulation, 5 your Honor. 6 Your Honor, we'll go back to Government Exhibit 304. 7 Your Honor, I just need a moment for one stipulation. 8 (Pause) 9 MR. FITZGERALD: I apologize, your Honor, we moved 10 the order and the one set of documents needed a lead-in by a 11 stipulation. If I could just suggest we take the early break 12 a little early just for a moment. 13 THE COURT: There is a stipulation? 14 MR. FITZGERALD: There is not a lot left this 15 afternoon, but I think we need that one document to read 16 things. 17 THE COURT: All right. 18 MR. FITZGERALD: I apologize. 19 THE COURT: We'll take our mid-afternoon recess. 20 (Recess) 21 (Continued on next page) 22 23 24 25 3495 1 (In open court; jury not present) 2 MR. FITZGERALD: We probably have about 15 minutes 3 before we get to the wiretap. I think counsel would prefer 4 that we do the wiretap one last time before we put in the last 5 five calls. I think about a quarter of 4 we're done for the 6 week. 7 (Continued on next page) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3496 1 (Jury present) 2 MR. FITZGERALD: Your Honor, thank you for the 3 Court's indulgence. We have a stipulation which I'd like to 4 read from. It's Government Exhibit 50. 5 It is hereby stipulated and agreed by and between the 6 parties as follows: 7 1. Government Exhibit 500 is a true and accurate 8 copy of a March 1993 hotel record for the Ambassador Hotel in 9 Nairobi, Kenya, and Government Exhibit 501 is the original 10 folio card completed for Odeh. Both of these records may be 11 admitted in evidence as business records of the Ambassador 12 Hotel. 13 Your Honor, I would offer now Government Exhibits 500 14 and 501. 15 THE COURT: Received. 16 (Government's Exhibits 500 and 501 received in 17 evidence) 18 MR. FITZGERALD: I'll display a page of 501 19 concerning March 11, 1993 on the Elmo. Government Exhibit 50 20 is the stipulation. 21 THE COURT: 50 is also received. 22 (Government's Exhibit 50 received in evidence) 23 MR. FITZGERALD: This is Government Exhibit 500 and 24 if we can focus on the entry number 96 in the left column. 25 I'm just reading Odeh, Mohammed, next to 505, and then the 3497 1 number 1. Then it says Jordanian, and two lines below the 2 date is listed as 12/3/993. 3 Now we'll publish Government Exhibit 501 on the Elmo. 4 Reading Mohammed Odeh, last name Odeh, first name Mohammed, 5 home address Aman, Jordan, passport number 424242 and the 6 arrival date is 12/3/1993. 7 Returning to the stipulation, Government Exhibit 50 8 and reading from paragraph 2. 9 Government Exhibits 502 through 505 are true and 10 accurate copies of documents provided by defendant Odeh to the 11 Nyacheki Agency on or about October 1, 1994 at or about the 12 time that Odeh rented premises in Mombasa, Kenya. 13 Exhibits 502 through 505 may be admitted in evidence. 14 At this time, your Honor, we would offer 502 through 505. 15 THE COURT: Received. 16 (Government's Exhibits 502 through 505 received in 17 evidence) 18 MR. FITZGERALD: We would display 503 on the Elmo or 19 on the computer if it's better. Just reading the date 5/8/94 20 received of Mohammed Sadiq Odeh, address PO box 72239NBI. 21 If we can put that on the left of the screen and 22 compare that with Government Exhibit 610 on the right side of 23 the screen, and marked the address seized in the search of 24 Mercy International underneath Wadia Norman, PO box 72239, 25 Nairobi, Kenya to Kenya. 3498 1 Next display Government Exhibit 505. Enlarge that. 2 If we can just read 25 slash 8 slash 94, line 1. Lost 3 Jordanian passport number 424242. And then below in the lower 4 right-hand corner a box. Let's focus on that. Mohammed Sadiq 5 Odeh. Below that a number 71202219 and on the right PO box 6 722239. 7 Returning to the stipulation Government Exhibit 50 to 8 paragraph 3. 9 Government Exhibits 507 and 508 are true and accurate 10 copies of a document, a Kenyan identity card of Mohammed Sadiq 11 Odeh with photographs and fingerprints and Mustafa Ali Elbishy 12 with photographs and fingerprints. 13 Government Exhibit 507 and 508 may be admitted in 14 evidence. This is 508 on the screen and the name for Mustafa 15 Ali Elbishy up top and below where it lists mother's name if 16 we can focus on that, mother's name, Miriam Omar Hasan. And 17 if we now display Government Exhibit 507 the name Mohammed 18 Sadiq Odeh and below under mother's name, Mariam Omar. If we 19 could also focus on the ID number, 12773666. 20 Returning to the stipulation, paragraph 4. 21 Government Exhibit 509 is a true and accurate copy of 22 a page of the Nation newspaper dated August 25, 1994. 23 Government Exhibit 509 may be admitted in evidence. 24 Paragraph 5. Government Exhibit 510 is a true and 25 accurate copy of a page from the Kenyan police occurrence book 3499 1 dated August 24, 1994. Government Exhibit 510 may be admitted 2 in evidence. 3 At this time, your Honor, the government would offer 4 Government Exhibits 509 and 510. 5 THE COURT: Received. 6 (Government's Exhibits 509 and 510 received in 7 evidence) 8 MR. FITZGERALD: If we can display the second page of 9 Government Exhibit 510 and look at the entry for loss of 10 passport, if we can scan across the page. Go to the next page 11 and look for the passport reference number 424242. Focus 12 underneath, enlarge that, and reading Mohammed Sadiq Odeh, box 13 72239, Nairobi. 14 If we could look at the next exhibit. Your Honor, at 15 this time I would offer the stipulation Government Exhibit 50 16 in evidence. 17 THE COURT: Received. 18 (Government's Exhibit 50 received in evidence) 19 MR. FITZGERALD: If we could now display Government 20 Exhibit 614, a document seized in the search of Mercy 21 International. Enlarge the paragraph of the text. I hereby 22 apply to appoint Mohammed -- it reads O-L-I-D-E-H-I-D number 23 12773666 slash 74 to be my agent handling the affairs of boat 24 Munawar and taking all responsibilities as most of my time I 25 will be traveling outside the country. Please consider my 3500 1 application. Thanking you in advance. Yours faithfully, 2 Mohammed Karama. 3 We'll now display 650A, another document from the 4 search of Mercy International. Just read unregistered 5 vessel's license, vessel's name, Munawar, owner's name 6 Mohammed Karama. 7 Now display 650B. Enlarge the top which says 8 M-A-N-A-W-A-R, certificate of registration the boat of 9 Mohammed Karama. 10 650C, another document in the search of Mercy 11 International. First schedule and name of M-U-M-A-R crossed 12 out, M-U-N-A-W-A-R. Name of owner, Mohamed Karama. 13 Now display 650D. Reading the vessel's name Munawar. 14 Owner's name, Mohammed Karama. Again another document in the 15 search of Mercy International. 16 The last document we play today from that search is 17 650E, another copy of an unregistered vessel's license, 18 Munawar. Owner's name, Mohammed Karama. 19 And from Government Exhibit 50 I'll read one 20 additional paragraph. 21 It says: Government Exhibits 720 through 721 are 22 true and accurate copies of a telephone book and a receipt 23 seized by Kenyan and American officials during a search of the 24 home of Omar Nassir Salim in Mombasa, Kenya on August 17, 25 1998. 3501 1 Your Honor, the government would offer Government 2 Exhibits 720 and 721. 3 THE COURT: Received. 4 (Government's Exhibits 720 and 721 received in 5 evidence) 6 MR. FITZGERALD: We would display Government Exhibit 7 720, a page in this phone book. Focusing on the top of the 8 page handwriting M-O-H apostrophe D S-A-D-I-Q. Underneath 9 W-A-D-I-A. Tel. 71202219. 10 MR. BUTLER: Your Honor, just a few more 11 stipulations. This stipulation has been marked as Government 12 Exhibit 72 for identification. 13 It is hereby stipulated and agreed by and between the 14 parties that if called as a witness, John Paul Mangori, senior 15 assistant principal immigration officer, Kenyata International 16 Airport would testify as follows: 17 Government Exhibit 575 is a true and correct copy of 18 a Republic of Kenya entry declaration form for passenger 19 Khalid Salim Saleh Bin Rashid from Yemen, passport number 20 00139533 for Gulf air flight 713 to Nairobi on August 2, 1998. 21 It is further stipulated and agreed that Government 22 Exhibit 575 may be received in evidence at trial. 23 It is further stipulated and agreed that this 24 stipulation may be received in evidence as a Government 25 Exhibit at trial. The government would move the stipulation 3502 1 exhibit 72 and the referenced exhibit, Government Exhibit 575, 2 into evidence. 3 THE COURT: Received. 4 (Government's Exhibits 72 and 575 received in 5 evidence) 6 MR. BUTLER: With the Court's permission I'd like to 7 display Government Exhibit 575. 8 Note the full address in Kenya listed as the Ramada 9 Hotel, Nairobi. 10 The next stipulation has been marked for 11 identification as Government Exhibit 157, I'm sorry, 151. 12 It is hereby stipulated and agreed by and between the 13 parties that if called as a witness Sayed M. Alsha Kelly, 14 manager Gulf Air, Nairobi, Kenya would testify as follows: 15 Government Exhibit 576 is a true and correct copy of 16 the passenger manifest for Gulf Air flight 713 from Abu Dabbi, 17 United Arab Emirates to Nairobi Kenya on August 2, 1998. 18 It is further stipulated and agreed that Government 19 Exhibit 576 may be received in evidence at trial. 20 It is further stipulated and agreed that this 21 stipulation may be received in evidence as a Government 22 Exhibit at trial. 23 The government would move the stipulation exhibit 151 24 and the referenced exhibit Government Exhibit 576 into 25 evidence. 3503 1 THE COURT: Received. 2 (Government's Exhibits 151 and 576 received in 3 evidence) 4 MR. BUTLER: If we could just display Government 5 Exhibit 576 on the Elmo. If you notice on the first column 6 about halfway down the page on the passenger manifest is 7 listed Khalid Salim. 8 Next stipulation has been marked for identification 9 as Government Exhibit 73. It is hereby stipulated and agreed 10 by and between the parties that if called as a witness an 11 official of the MP Sha Hospital would testify as follows: 12 1. Government Exhibit 579 A is a true and correct 13 copy of the portion of a record card for a patient named 14 "Khalid Saleh" maintained by MP Sha Hospital. 15 2. Government Exhibit 579B is a true and correct 16 copy of a list of persons treated at MP Sha Hospital on August 17 7, 1998 entitled "bomb blast casualties MP Sha Hospital." 18 It is further stipulated and agreed that Government 19 Exhibit 579A and 579B may be received in evidence at trial. 20 It is further stipulated and agreed this stipulation 21 may be received in evidence as a Government Exhibit at trial. 22 The government would move the stipulation exhibit 73 23 and the two exhibits, 579A and 579B into evidence. 24 THE COURT: Received. 25 (Government's Exhibits 75, 579A and 579B received in 3504 1 evidence) 2 MR. BUTLER: If we could just show page 2 of 579B on 3 the Elmo which is the list of treated patients at MP Sha from 4 August 7. K Saleh. And the patient number is 61367. 5 The next stipulation has been marked for 6 identification as Government Exhibit 160. 7 It is hereby stipulate and agreed by and between the 8 parties as follows: 9 If called as a witness at trial a law enforcement 10 officer would testify that he took the fingerprints and palm 11 prints of Mohammed Rashid Daoud Al-'Owhali on August 27, 1998 12 in New York, and that Government Exhibits 587A and 587B are 13 fair and accurate copies of the fingerprint and palm print 14 cards on which he marked these fingerprints and palm prints. 15 It is further stipulated and agreed that the 16 foregoing exhibits are authentic. It is further stipulated 17 and agreed this stipulation may be received in evidence as a 18 Government Exhibit at trial and the government would move the 19 stipulation, which is Government Exhibit 160, and the two 20 referenced exhibits, Government Exhibit 578A and B into 21 evidence. 22 THE COURT: Received. 23 (Government's Exhibits 578A, 578B and 160 received in 24 evidence) 25 MR. BUTLER: The last stipulation, your Honor, has 3505 1 been marked as Government Exhibit 180. 2 It is hereby stipulated and agreed by and between the 3 parties that 1 Government Exhibit 568A is the original lease 4 for the property 43 Runda Estates, Nairobi, Kenya for the 5 period May 1, 1998 through August 31, 1998. 6 It is further stipulated and agreed that Government 7 Exhibit 568A may be received in evidence as a Government 8 Exhibit at trial. It is further stipulated and agreed that 9 this stipulation may be received in evidence as a Government 10 Exhibit at trial. 11 The government would offer the stipulation exhibit 12 180 and the referenced exhibit, Government Exhibit 568A, at 13 this time. 14 THE COURT: Received. 15 (Government's Exhibits 568A and 180 received in 16 evidence) 17 MR. FITZGERALD: That's it for today, Judge. 18 THE COURT: All right, ladies and gentlemen, that's 19 it for today. That's it for this week, so that when we 20 adjourn we are going to adjourn until Monday. 21 I'm sorry not to have been able to give you more 22 notice, but as you see what is happening is that a great many 23 stipulations are being entered which obviate the need to call 24 live witnesses, and this of course speeds things up 25 considerably. Because there are some witnesses who are 3506 1 traveling from far off lands they are not available tomorrow 2 or Thursday and we'll proceed on Monday. 3 It is also our expectation that after next week we 4 may have a break which could be as long as a week, which will 5 I hope give you an opportunity to take care of some of your 6 affairs and enjoy the holiday, and give the lawyers and the 7 Court and opportunity to do some other matters. 8 Be sure everybody stays well. I remind you again, 9 please not to read or listen to anything you may see in the 10 media about this case, nor discuss this case with anyone. I 11 hope you have a pleasant respite from your business as a juror 12 and we'll resume again Monday morning. 13 Thank you. 14 (Continued on next page) 15 16 17 18 19 20 21 22 23 24 25 3507 1 (Jury not present) 2 THE COURT: We're adjourned until Thursday at 10 a.m. 3 at which time we'll take up the matters raised by Al-'Owhali's 4 subpoenas, and the matters that were left with Mr. Schmidt 5 concerning timing. 6 A letter from a juror says: Thank you for your 7 constant consideration of the jurors' needs. Your effort to 8 expedite the trial is appreciated by all I am sure. I do have 9 a request, however. I am finding the delivery of the 10 information from various stipulations and numerous documents, 11 especially letters, phone numbers, names and addresses to be 12 much too rapid for me to record on paper and store in my mind, 13 have something overly detail. 14 This is the only trial I've ever been on, but could 15 you ask the prosecutors to slow down in reading the kind of 16 information listed above and leave the exhibits on the screen 17 a bit longer. Thank you very much. 18 PS. If you feel the details of these stipulations 19 are something I need not be overly concerned about considering 20 these, then proceed as is. 21 (Laughter) 22 Well, you know I have noticed that there are three or 23 four jurors who are taking notes and have been attempting to 24 record telephone numbers and so on. The stipulations which 25 have these numbers are in evidence and I would suggest that on 3508 1 Monday morning I will tell them that the stipulations -- I 2 feel like Price Waterhouse is handing me the envelopes -- that 3 they will be able to see the stipulations if they request 4 during their deliberations. They laugh at it, but it is a 5 reflection of how conscientious the jurors are. 6 The next note is from a juror who has just received 7 his master's degree and would like to attend the commencement 8 ceremony being held on Thursday May 10th from 9:30 to 12. 9 Would it be possible to begin the court session later 10 in the day? I'd be willing to leave the commencement at 11:30 11 a.m. to be able to be in time for court. I totally understand 12 if you decide not to grant my request. 13 Anybody object to the request being granted? We will 14 grant the request. We're adjourned until Thursday 10 a.m. 15 Those who are not involved in either the Al-'Owhali subpoenas 16 or the discovery matters that Mr. Schmidt raised may absent 17 themselves if they wish. 18 (Adjourned to 10 a.m., Thursday, March 29, 2001) 19 20 21 22 23 24 25 3509 1 INDEX OF EXAMINATION 2 Witness D X RD RX 3 PAUL WILLIAMS...........3397 3406 3412 4 DAVID FREDERICK MAY.....3414 3419 5 STEPHEN CHARLES GREGORY.3422 3433 6 KEITH RICHARD ASMAN.....3437 7 NOEL THOMAS FEENY.......3451 8 GARY WILLIAM CLUBB......3456 3463 9 PETER JAMES WILLIAMS....3475 10 MARGOT HITPAS...........3482 11 GOVERNMENT EXHIBITS 12 Exhibit No. Received 13 1502, 1503, 1504, 1505, 1506, 1507, 1508, 14 1509, 1510, 1511, 1512, 1513, 1514, 1515A, 15 1515B, 1516, 1517, 1518, 1519, 1520, 16 1522, 1523, 1524, 1525, 1526A and B, 17 and 1527 ...................................3398 18 98 .........................................3401 19 1540 .......................................3416 20 1541 .......................................3417 21 1542 .......................................3419 22 1555 and 1556 ..............................3426 23 1557A, 1557B, 1557C, 1557D, 1557E 24 and 1557-P .................................3427 25 1558 and 1558-P ............................3430 3510 1 1561 .......................................3431 2 1562 .......................................3432 3 1563 .......................................3433 4 1559 .......................................3439 5 1576A and 1576B ............................3455 6 1579 .......................................3458 7 1580 .......................................3459 8 1575A through G ............................3461 9 161 and exhibits 1581 through 1591 10 and 1593 to 1594 ...........................3466 11 162 and 1595 and 1596 ......................3467 12 163 and 1577 ...............................3468 13 164, 1550, 1551, 1552 and 1553 .............3469 14 165 and 1501A ..............................3470 15 166 and 1626, 1626A, through D .............3470 16 167, 1531, 1543, 1556-LP, 1558-LP, 1500-LP 17 and 1557A-LP through 1557E-LP ..............3472 18 1532, 1533, 1534, 1535 and 1536 ............3476 19 95 and 96 ..................................3484 20 340, 341, 342 and 343 ......................3486 21 500 and 501 ................................3495 22 50 .........................................3495 23 502 through 505 ............................3496 24 509 and 510 ................................3498 25 50 .........................................3498 3511 1 720 and 721 ................................3500 2 72 and 575 .................................3501 3 151 and 576 ................................3502 4 75, 579A and 579B ..........................3502 5 578A, 578B and 160 .........................3503 6 568A and 180 ...............................3504 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
HTML by Cryptome.