17 April 2001
Source: Digital file from the Court Reporters Office, Southern District of New York; (212) 805-0300.
This is the transcript of Day 30 of the trial, 17 April 2001.
See other transcripts: http://cryptome.org/usa-v-ubl-dt.htm
4145 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 2 ------------------------------x 3 UNITED STATES OF AMERICA 4 v. S(7) 98 Cr. 1023 5 USAMA BIN LADEN, et al., 6 Defendants. 7 ------------------------------x 8 New York, N.Y. 9 April 17, 2001 10:00 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 4146 1 APPEARANCES 2 MARY JO WHITE United States Attorney for the 3 Southern District of New York BY: PATRICK FITZGERALD 4 KENNETH KARAS PAUL BUTLER 5 Assistant United States Attorneys 6 ANTHONY L. RICCO 7 EDWARD D. WILFORD CARL J. HERMAN 8 SANDRA A. BABCOCK Attorneys for defendant Mohamed Sadeek Odeh 9 FREDRICK H. COHN 10 DAVID P. BAUGH LAURA GASIOROWSKI 11 Attorneys for defendant Mohamed Rashed Daoud Al-'Owhali 12 DAVID STERN DAVID RUHNKE 13 Attorneys for defendant Khalfan Khamis Mohamed 14 SAM A. SCHMIDT 15 JOSHUA DRATEL KRISTIAN K. LARSEN 16 Attorneys for defendant Wadih El Hage 17 18 19 20 21 22 23 24 25 4147 1 (Trial resumed) 2 (Jury not present) 3 THE COURT: Mr. Schmidt, is your witness here? 4 MR. SCHMIDT: Your Honor, he is on his way. I spoke 5 to him. 6 THE COURT: Mr. Baugh is making some gestures. Let's 7 bring in the jury. 8 I take it this witness is not related to the 9 defendant. The witness, whose last name is O-D-E-H, is not 10 related to the defendant, whose last name is O-D-E-H. 11 MR. SCHMIDT: That is correct. 12 THE COURT: I think it might be helpful to bring that 13 out. 14 MR. RICCO: Thank you. You saved us a quarter. 15 MR. FITZGERALD: Your Honor, just one other matter. 16 I was handed an exhibit which has a picture of Mr. El Hage's 17 child in it. I would object. I would request if anything is 18 displayed to the jury we don't have child pictures. There is 19 a dog in the picture. If they want to offer a picture of the 20 dog, so be it. 21 MR. SCHMIDT: I don't think it was Mr. El Hage's 22 daughter, I think it was a niece. The purpose of putting it 23 in is the dog. If you want me to redact the child -- 24 THE COURT: There is some relevance about the dog? 25 MR. SCHMIDT: There is testimony about the dog by 4148 1 Mr. Kherchtou -- actually, your Honor, if I may, I believe it 2 is relevant for the -- no. 3 THE COURT: I haven't seen the picture. I don't want 4 to see the picture. Delete the child. 5 MR. SCHMIDT: I think it is relevant for the child to 6 be in the picture because the manner that the government put 7 in the evidence of the dog, of purchasing the dog and sending 8 two of them to Mr. Bin Laden, was that these are ferocious 9 attack dogs and these are not. These are pet German 10 Shepherds, and you can tell by the picture of the child -- 11 THE COURT: You can tell by a picture of a child with 12 a dog that the dog is not an attack dog? I don't know how 13 much you know about dogs. Dogs are trained to recognize 14 friends and to recognize possibly hostile persons. A 15 photograph of a child with a dog -- you know, there is a trial 16 going on now in some other community of an attack dog killing 17 somebody. I am sure that that dog with its owners' child 18 would have been very peaceful. 19 MR. SCHMIDT: That dog was a vicious dog to 20 everybody, your Honor. That is why the neighbors complained 21 about it. If you want to raise this at the break, we will 22 raise it at the break. 23 THE COURT: Let's raise it at the break. Let's not 24 turn this into a circus. 25 MR. SCHMIDT: Your Honor, I am responding to the 4149 1 proof of the government. They are the ones that brought that 2 out. 3 Mohamed March way slay Odeh, 4 MOHAMED ALI MURAWEH SALEH ODEH, resumed. 5 (Jury present) 6 THE COURT: I remind everyone we are going to cease 7 today at 3:00. That may not be the right terminology. We are 8 going to terminate the proceedings today. 9 Mr. Odeh, the court reminds you you are still under 10 oath. 11 Mr. Schmidt, you may continue. 12 (Continued on next page) 13 14 15 16 17 18 19 20 21 22 23 24 25 4150 1 DIRECT EXAMINATION 2 BY MR. SCHMIDT: 3 Q Good morning, Mr. Odeh. 4 A Good morning. 5 Q Mr. Odeh, yesterday you mentioned there is an Umm Reem and 6 an Um Kefah. Do you remember that? 7 A Yes, I said so. 8 Q Where does your wife Umm Reem reside? 9 A Umm Reem is living with me in Nairobi. Um Kefah is living 10 in Jordan. 11 Q Are you still lawfully married to Kefah? 12 A Yes, both is my wives. 13 Q How is Kefah supported? 14 A From our property in Jordan and our kids also. 15 Q Could you say that in Arabic so the reporter can get that. 16 A (Interpreted) From my properties in Jordan. 17 Q What properties is that? 18 A I have house, big house, rent. I have rent. I have shop. 19 Q When you married Umm Reem, was your wife Um Kefah aware 20 that you were marrying, taking a second wife? 21 A Yes, she is aware, which is normal in our country. 22 Q Was she present at the wedding of Umm Reem? 23 A I do not understand what you mean. 24 Q Was Um Kefah present at the wedding with Umm Reem? 25 A Yes. 4151 1 Q You have a good relationship with Um Kefah? 2 A Of course. I have 14 kids from her. What is that 3 relationship mean. 4 (Laughter) 5 Q Mr. Odeh, I ask you to look around the courtroom, the 6 tables over here. Is there anybody here that you are related 7 to? 8 A I couldn't understand what you saying. Please repeat. 9 Q Is there anyone at any of these tables that is a relative 10 of yours? 11 A No, I have nobody. I have one friend here, this table. 12 Q Indicating? 13 A Mr. Wadih, with the long hair and the long beard. 14 MR. FITZGERALD: We will stipulate. 15 Q Did he have a long beard and long hair when you knew him 16 in Nairobi? 17 A Unfortunately, no, but also he have no reason to make like 18 this. He haven't like this before. 19 MR. SCHMIDT: At this time I would like to play 20 Exhibit W13 -- actually, we are not going to play 13. It is 21 in Arabic. I move the tape of Exhibit W13 into evidence with 22 the transcript W13-T. Again we ask that it be placed on the 23 screen, the transcript, and I will read in this 24 conversation -- 25 MR. FITZGERALD: No objection. 4152 1 THE COURT: Received. 2 (Defendant's Exhibit WEHXW13 and WEHXW13T received in 3 evidence) 4 MR. SCHMIDT: I will read the part of Abdallah 5 Zubeidy and Mr. Dratel will read the part of Harun. 6 THE COURT: What is the date of the conversation? 7 MR. SCHMIDT: The date of the conversation is 8 February 7, 1997. 9 (Defendant's Exhibit WEHXW13T in evidence read to the 10 jury) 11 MR. SCHMIDT: I apologize. May I have a moment, your 12 Honor. 13 (Pause) 14 Q Mr. Odeh, I am going to show you what is marked Defendant 15 WEH-D-41 and 41T. 16 MR. FITZGERALD: If it will save time, I won't object 17 to their being admitted. 18 MR. SCHMIDT: At this time I offer WEHD41 and 41T 19 into evidence. 20 THE COURT: Received. 21 (Defense Exhibits WEHD41 and D41T received in 22 evidence) 23 MR. SCHMIDT: I apologize. Please, on the screen for 24 the jury, WEHD41. 25 THE COURT: That is the Arabic. 4153 1 MR. SCHMIDT: Could you turn, please. 2 Q Do you see that document, both in your hand and on the 3 screen, Mr. Odeh? 4 A Yes. 5 Q Is that the letterhead from Mr. Zubeidy? 6 A Yes, that is correct. His name is Abdullah el Zubeidy. 7 Q How do you know him? 8 A I know him for a long, long time, maybe from 1990. 9 Q What is your dealings with Mr. el Zubeidy? 10 A I buy from him some stone, small star blue sapphire and 11 jade, which is chrysoprase green. 12 Q Where does Mr. el Zubeidy live and have his place of 13 business? 14 A Sometimes Nairobi, sometimes Mombasa, but his main office 15 in Jakarta, Indonesia. 16 Q From time to time do you have telephone conversations with 17 him? 18 A From time to time if we buy or selling each other, then he 19 call or I call. 20 Q Do you receive fax transmissions from him? 21 A Yes, this is one of the fax transmission. 22 Q Through whose telephone? 23 A This through Mr. Wadih's fax. 24 MR. SCHMIDT: Your Honor, at this time I would like 25 to read this exhibit. 4154 1 THE COURT: Yes. 2 (Defense Exhibit WEHD41T in evidence read to the 3 jury) 4 Q Did you take care of the transaction that Mr. el Zubeidy 5 indicated in the letter? 6 A Yes, sometime, but because of what he ask in the last 7 paragraph he say about tanzanite -- 8 THE COURT: "Yes" is a sufficient answer to your 9 question? 10 MR. SCHMIDT: Yes. 11 THE COURT: Just answer as directly as you can the 12 question. 13 THE WITNESS: Yes. 14 Q Regarding the tanzanite that you were talking about, who 15 were you working with? Who was your partner dealing with 16 tanzanite in Nairobi? 17 A No one. This is nobody, because this -- 18 THE COURT: Nobody. That's the answer. Next 19 question. 20 MR. SCHMIDT: At this time I am going to ask to offer 21 into evidence WEHW8-T and the taped conversation which is in 22 Arabic, WEHX-W8, the tape, and W8-T, the translation, and I 23 would ask that the translation be placed on the screen and 24 admitted into evidence. 25 MR. FITZGERALD: No objection. Mr. Schmidt, I think 4155 1 we have two W8's. 2 MR. SCHMIDT: This is a conversation of November 4, 3 1996. 4 Your Honor, we are going to amend this one, because I 5 believe there is another -- I apologize. This is W5, your 6 Honor. I so amend it. 7 MR. FITZGERALD: No objection. 8 THE COURT: Received. 9 (Defendant's Exhibits WEHXW5 and WEHXW5T received in 10 evidence) 11 MR. SCHMIDT: This is a telephone call November 4, 12 1996, between Wadih and an unidentified male. Mr. Dratel will 13 be reading Wadih El Hage and I will be reading the 14 unidentified male. 15 (Defense Exhibit WEHXW5T read to the jury) 16 Q If I may interrupt, Mr. Odeh, can you tell us what pipes 17 these people were talking about. 18 A This is shower pipe. 19 Q Who had the possession of these pipes? 20 A What do you mean? 21 Q Who owned these pipes? 22 A I am. 23 Q How long had you owned the pipes? 24 A Since 1990, I imported to Kenya. 25 Q What were you trying to do with them? 4156 1 A To sell them. 2 Q Was Wadih trying to sell them for you as well? 3 A Yes, because at the time when I liquidate -- 4 THE COURT: Yes, yes. 5 THE WITNESS: Sorry. 6 (Reading continued) 7 Q Mr. Odeh, the person that they are talking about who has 8 the calculators, who are they talking about? 9 A Mr. Abdel Motaz in Hong Kong. 10 Q Who was the person they were talking about they would send 11 over from the United States and be the person who would obtain 12 the calculators from Abdel Motaz? 13 A I did not say United States. 14 Q I am sorry. Who would be the person who would be 15 responsible for obtaining the calculators from Abu Motaz and 16 shipping them to Nairobi? (Interpreted) Would that be you? 17 A First of all, it is not responsibility on that because we 18 need a buyer to this calculator first and he open and see -- 19 THE COURT: Who? 20 THE WITNESS: We did not identify. We asked 21 Mr. Wadih to look to identify a buyer. We did not identify a 22 buyer. We have offer, we did not have a buyer. 23 Q When they talk about the person who is traveling and not 24 available, who are they talking about? 25 A Can I see that again? 4157 1 Q They are talking about the sheik of the Arab nation is 2 traveling. 3 A Yes, he is sheik, a joke maybe about me. I am out of the 4 country. Maybe the other one he say sheik al Arab. 5 Q The person sending fax to about the calculators, who are 6 you sending fax to to try to sell the calculators? 7 A I think Mr. Wadih, Mr. Ishaq and Motaz, the three of them. 8 Q So when they are talking about the papers being sent, we 9 are talking about papers relating to trying to sell the 10 calculators; is that correct? 11 A That is correct. 12 (Reading continued) 13 Q Mr. Odeh, what kind of machine did Wadih El Hage have 14 outside of his house? 15 A (Through interpreter) It's a printer. 16 Q Is it a printer like the computers use or is it a printer 17 that commercial printers use? 18 A It's commercial. It's similar, little bigger than this 19 table size. 20 Q A little bigger than this table right here? 21 A Yes, little bigger than this table, and higher. 22 Q Indicating approximately 5 feet by 2 1/2 feet. 23 (Reading continued) 24 Q If I may interrupt, where is Jeddah, Mr. Odeh? 25 A Jeddah, in the Kingdom of Saudi Arabia. 4158 1 (Reading continued) 2 Q If I may interrupt, where is Arusha? 3 A It is in Tanzania, near the border of Kenya. 4 Q Is it east, near the coast, or inland, if you know? 5 A In the north I think, maybe -- I cannot tell the 6 direction. 7 Q If you go to -- 8 A No, Nmanga. Nmanga is the last point in Kenya. From 9 there you enter Tanzania, and the first town in Tanzania, it 10 is called Arusha. 11 Q Is that below Nairobi or is that on the coast below 12 Mombasa, if you know? 13 A No, below Mombasa, because you have to go directly to 14 Mombasa road and you turn to the left and go on that road. 15 (Reading continued) 16 Q Mr. Odeh, who is Sheik Gabo? 17 A Sheik Ishaq. 18 Q The same person as Sheik Ishaq? 19 A Gabo. 20 (Reading continued) 21 Q There was some talk in that conversation concerning 22 T-shirts, white T-shirts. Do you remember that? 23 A That is correct, I remember. 24 Q What was that about? 25 A What? 4159 1 Q What was that about, that part? Where were you going to 2 get the T-shirts from? 3 A From China. 4 Q Who was going to be the person to supply that? 5 A Mr. Abu Motaz. 6 (Pause) 7 Q Did you have a relationship, any type of business 8 relationship with the Jordanian Export Development and 9 Commercial Centers Corporation? 10 A That's correct. I was preparing this. 11 Q What was that relationship? 12 A I was prepared to make a Jordanian Trade Center in East 13 Africa, based in Nairobi. 14 Q When did that begin? 15 A 1993. 16 Q Were you involved in setting up an exhibition in Nairobi 17 in 1997? 18 A Yes, it was set in Nairobi in 1997, in August. 19 MR. SCHMIDT: At this time I ask to play tape NB109, 20 Exhibit WEHXW16 and 16T. The beginning of it is in Swahili. 21 That was translated. The rest of it is in English. 22 MR. FITZGERALD: No objection. 23 THE COURT: Received. 24 (Defendant's Exhibits WEHX16 and WEHXW16T received in 25 evidence) 4160 1 MR. SCHMIDT: I would ask that we actually play the 2 tape and put the transcript on the screen, since only a 3 portion is in Swahili. 4 (Tape played) 5 MR. SCHMIDT: I am going to ask that the card from 6 Government's Exhibit 306 now be placed on the screen and 7 published to the jury. 8 Q Mr. Odeh, do you know who Adan A. Hassan is? I apologize 9 if I mispronounced his name. Do you know who that gentleman 10 is? 11 A Yes, the director of KICC. 12 Q Why was Mr. El Hage speaking to the director of KICC on 13 your behalf? 14 A Because I told you I have no telephone. For that he can 15 receive any communication on behalf of me. 16 Q Was he assisting you in setting up this exhibition? 17 A That is correct. 18 Q KICC means Kenyatta International Conferences, is that 19 correct? 20 A That is correct. 21 Q Is that one of the places that you were considering 22 setting up this exhibition? 23 A Yes. 24 MR. SCHMIDT: I ask if we can play 109-4, if we can 25 set that up. That would be Exhibit WEH27, and there would be 4161 1 an English translation, so I would ask that the exhibit, the 2 tape be offered into evidence. 3 THE COURT: Any objection? 4 MR. FITZGERALD: No objection. 5 THE COURT: Received. 6 (Defendant's Exhibit WEHW27 received in evidence) 7 Q What was the organization that you were working with to 8 set up that exhibition? 9 A No, I do it in my own name, because I am a Jordanian, and 10 this is Jordan, it is my home. 11 Q Were you coordinating with anyone the Jordan Export 12 Development and Commercial Center Corporation? 13 If I may, your Honor. 14 (Pause) 15 Q Can you see that card? 16 A Yes, I know this card, yes. 17 Q Who is that person? 18 A He is one of the directors in the Jordanian export 19 department in Amman, Jordan. 20 Q Did you have dealings with him concerning commercial 21 activities relating to Jordanian products? 22 A Yes, most of the correspondence between me and him. 23 MR. FITZGERALD: Just so the record is clear, is this 24 GX306? 25 MR. SCHMIDT: This is also from GX306, seized from 4162 1 Mr. El Hage's home in Nairobi. 2 (Tape played) 3 (Pause) 4 Q Mr. Odeh, where was the exhibition ultimately held? 5 A What? 6 Q Where was the exhibition, the Jordanian product exhibition 7 held? 8 A In Grand Regency Hotel. 9 Q How come it ended up being held there? 10 A Yes, I have a correspondence, and I think I give you one 11 copy of that correspondence, between me and the Grand Regency. 12 Q Do you recall why it ended up being at the Grand Regency 13 and not at the KICC? 14 A Because the Jordanian group prefer to be at the Grand 15 Regency. I have no choice. 16 Q Do you recall a person named Daniel that was involved in 17 the stone business? 18 A What? 19 Q Do you remember a person named Daniel that was involved in 20 the stone business? 21 A What his full name? Daniel, a lot. 22 Q What is his last name? 23 A There is one Daniel who I deal with him with chrysoprase, 24 but there are many also Daniel in the stone business. 25 MR. SCHMIDT: I ask at this time then that we play 4163 1 tape 153-3, which is WEHXW22, that is, the English, so I offer 2 the taped conversation but I ask that the transcript be 3 published to the jury. 4 MR. FITZGERALD: No objection. 5 THE COURT: What is the date? 6 MR. SCHMIDT: August 26, 1997. 7 THE COURT: Received. 8 (Defendant's Exhibit WEHWW22 and WEHXW22-T received 9 in evidence) 10 (Tape played) 11 (Continued on next page) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4164 1 Q You remember listening to this conversation in my office? 2 A Yes, completely I understand it. 3 Q I'm sorry. I can't hear you. 4 A Yes, I understand all the conversation. 5 Q Why don't you sit back and you can move the microphone 6 back a little bit towards you so you can sit back. 7 Now, what stone was there conversation about? 8 A It is chrysoprase white color. 9 Q And do you know who the Daniel is that's being referred 10 to, Daniel and his brothers? 11 A Yeah, he say Daniel it is a miner and his cousin. 12 Q And what was his job or role in dealing with Daniel? 13 A Only for assist me on that consignment. 14 Q This was one of your friends? 15 A Daniel, yes. 16 Q What was supposed to be done with, this is chrysoprase? 17 A Yes, chrysoprase. 18 Q What ultimately was going to be done with the chrysoprase? 19 A At that time collecting the sample is about five kilo to 20 send to courier for testing and we have to sell a big 21 consignment. I think refer to that is in conversation. 22 Q During the time that you new Wadih El Hage were you 23 traveling a lot overseas? 24 A Me? 25 Q Yes. 4165 1 A Yes, of course. 2 Q And -- 3 A Many times. 4 Q And who were you using as your base here in Nairobi to 5 receive messages telephone calls and facsimiles? 6 A Wadih, because only he is the nearest neighbor to my 7 house. 8 Q Did you have any conversations with Wadih involving gold? 9 A Yes. 10 MR. SCHMIDT: Now, I ask at this time that we show 11 what's been marked Defendant's Exhibit WEHX-M-7X-23, the 12 original Arabic first, and then the English, if I may. 13 MR. FITZGERALD: No objection. 14 THE COURT: Received. 15 (Defendant's Exhibit WEHX-M-7X-23 received in 16 evidence) 17 MR. SCHMIDT: Did we show the Arabic first? I'm 18 sorry, I'm slow. I ask permission to read this letter to the 19 jury, your Honor. Thank you. 20 (Exhibit read) 21 Q Now, did you have any conversations with Wadih concerning 22 the sale of gold in this manner? 23 A With this matter in particular? 24 Q Not in this particular, but in this matter? 25 A Yes, I discussed with Wadih. 4166 1 Q What was the nature of those discussions? 2 A I tried to send him for some person called Mbauga, to 3 arrange a sample of gold because we have a buyer in Hong Kong. 4 Q What was the arrangement -- withdrawn. Was that part of 5 the arrangements with Wadih under Black Giant or is that a 6 separate arrangement? 7 A No, it has come incidentally when I was Hong Kong some 8 people asked me about gold and by chance somebody also in 9 Nairobi told me that he can arrange gold from Tanzania for 10 that when I sent for him a fax I sent him particular to that 11 guy, and that moment what I did, did not know him for that I 12 guide him to go to tell him about this gold, and I sent in the 13 same time a fax to that guy. 14 Q Do you remember the name of that person Rican? 15 A Mbauga, Mr. Mbauga. 16 Q Is that M-B -- 17 A M-B-A-U-G-A. 18 Q Thank you. 19 Now, we discussed previously this printing machine 20 that Mr. El Hage had outside of his home. Was there any 21 discussions with you about doing something with that machine, 22 selling it, giving it away? 23 A This machine belonged to him and he is planned to do what 24 he want to do with it. 25 Q Did he have any discussions with you in how to sell it? 4167 1 A I remember one time I discussed he want to hire to some 2 people. 3 Q Did he ever seek your help? 4 A Yes. 5 Q Were you able to help him with that? 6 A Not succeeded. 7 MR. SCHMIDT: Now, at this time I'd like to offer 8 exhibit WEHXW17 and 17T. It's an Arabic conversation found in 9 MB1-129-3, July 27, there is a typographical error. It's 10 1997. 11 MR. FITZGERALD: No objection. 12 THE COURT: Received. 13 (Defendant's Exhibits WEHXW17 and 17T received in 14 evidence) 15 MR. SCHMIDT: No, I am not going to offer that. I 16 will offer that at another time. 17 THE COURT: Withdrawn? 18 MR. SCHMIDT: We apparently do not have that. 19 THE COURT: The exhibit is withdrawn. 20 MR. SCHMIDT: Your Honor, if I may, we don't have the 21 tape, but if it's in Arabic we were going to read the 22 transcript so I have to offer that as well. 23 THE COURT: I see. They're in evidence but they're 24 not going to be put on the display. 25 MR. SCHMIDT: No. The transcript will be put on 4168 1 display. We're not playing the tape that we would not have 2 played anyway since it's Arabic, so I offer the transcript 3 WEHXW17-T into evidence at this time. 4 THE COURT: Received. 5 (Defendant's Exhibit WEHXW17-T received in evidence) 6 MR. SCHMIDT: At this time, Mr. Larsen will be the 7 voice of Mohamed, and I will be the voice of Ali. 8 Mohamed: Hello. 9 Ali: Hello. 10 Mohamed: Hello. Mohamed: Hello. Excuse me. 11 Ali: Peace of God be upon you. 12 Mohamed: And also on you. 13 Ali: Wadih. 14 Mohamed: Wadih is not here. He's traveling. 15 Ali: How are you. 16 Mohamed: How are you? Praise be God. 17 Ali: Mohammed. 18 Mohamed: Who is this? 19 Ali: Huh? 20 Mohamed: Who am I talking to? 21 Ali: Ali. 22 Mohamed: Ali who? 23 Ali: Ali Gab. 24 Mohamed: Ali Gab? 25 Ali: Yes. 4169 1 Mohamed: How are you? 2 Ali: Fine, and you? 3 Mohamed: Praise be to God, your health. 4 Ali: Praise be to God. How are you. 5 Mohamed: God bless you. 6 Ali: Yes. 7 Mohamed: How are things at your end. 8 Ali: Praise be to God, fine. 9 Mohamed: Wadiah? 10 Ali: What? 11 Mohamed: Hello? 12 Ali: Just a minute. Is Wadih traveling? 13 Mohamed: Yes. 14 Ali: Okay. 15 Mohamed: But he told me that you wanted the 16 machine. 17 Ali: Yes, the machine. 18 Mohamed: The machine, yes. 19 Ali: Yeah. 20 Mohamed: How to you want to take it to do what 21 with it? 22 Ali: I saw a person in Kikuyu. 23 Mohamed: Yes. 24 Ali: But I want to check on him for I don't know 25 him long enough. 4170 1 Mohamed: You don't know him. 2 Ali: Not for long. About three years only. 3 Mohamed: I see. 4 Ali: Just I want to ask people about him to see if 5 we can trust him. 6 Mohamed: Yes. 7 Ali: Then we can deal with him, but before that we 8 have to check him out. 9 Mohamed: Yes, yes. 10 Ali: However the man knows his work. 11 Mohamed: Yes. 12 Ali: But you know if we give him the machine. 13 Mohamed: Yes, it will be your responsibility then. 14 Ali: Yes, I know. 15 Mohamed: True. You follow up on him. 16 Ali: God willing. 17 Mohamed: Find out about this man. How is he. 18 Ali: Okay. Then I will call you God willing. 19 Mohamed: Praise be to God. How are you? 20 Ali: Fine, thank you. 21 Mohamed: God bless you. 22 Ali: God willing. 23 Mohamed: Any other service? 24 Ali: Thank you. Peace of God be with you. 25 Mohamed: And you also." 4171 1 MR. FITZGERALD: One moment, your Honor. 2 (Pause) 3 MR. SCHMIDT: Mr. Fitzgerald on behalf of the 4 government and myself on behalf of Wadih El Hage stipulates 5 that Ali Omar Mohamed or Ali Gab is not the Ali Mohamed that 6 had been mentioned in documents or in London, England. 7 THE COURT: Very well. We'll take our mid-morning 8 recess at this point. Counsel remain in the courtroom. 9 (Continued on next page) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4172 1 (Jury not present) 2 THE COURT: The witness may step down. 3 (Witness not present) 4 THE COURT: Mr. Schmidt, how many more tapes 5 comparable to those played this morning do you contemplate 6 seeking to play? 7 MR. SCHMIDT: Well, I'm not sure which ones are 8 comparable. I would say this morning I have about four or 9 five more. We're waiting for some finished copies of other 10 ones that are a little bit more substantial that we gave to 11 the government yesterday, we dropped off in their office 12 yesterday, yesterday evening, to play hopefully this 13 afternoon. 14 THE COURT: Different subject matters? 15 MR. SCHMIDT: Most of them -- most of the other ones 16 that we plan to do this afternoon are different subject 17 matters. 18 THE COURT: Very well. We'll take a five-minute 19 recess. 20 (Recess) 21 (In open court; jury not present) 22 MR. RUHNKE: Your Honor, the government has differing 23 views of what you wish from the defense by way of a 24 representation that there will not be overlap an duplication 25 at the penalty phase. We'd like an opportunity to discuss it. 4173 1 THE COURT: I was just responding to the statement 2 made by the government that they understood that you were 3 going to make or you had made an oral representation to them. 4 MR. BAUGH: Your Honor, the interpreters can't hear 5 you -- 6 THE COURT: That you had made an oral representation 7 to them which satisfied them that there would not be an 8 overlap run. 9 MR. RUHNKE: That was my understanding. 10 THE COURT: Don't let the jury come in until we 11 finish this colloquy. 12 I expressed doubt yesterday as to the enforceability 13 of such a representation, and, of course, in order to make 14 sure that there would be no overlap I would have to have a 15 comparable representation on behalf of Al-'Owhali. So I 16 really do not have a very specific view of what that should 17 be. Does the government have any thoughts? 18 MR. FITZGERALD: Yes, Judge. What we had thought was 19 if counsel in writing or orally made a proffer to the Court of 20 what the defense was, without the government being present, 21 then the Court would understand what road they're going down. 22 We understand subpoenas have been issued, but we 23 don't know just because subpoenas were issued whether they are 24 going down a particular road or whether they will be 25 admissible. We just thought if in they put in writing a 4174 1 proffer of where they expect to go in the defense, that would 2 be helpful. 3 MR. BAUGH: Your Honor, I do want the Court to know 4 that at the time Mr. Ruhnke made that representation both 5 defense teams had a meeting and we discussed that very issue 6 and when Mr. Ruhnke made his representation, he was making it 7 for both. 8 THE COURT: I see. All right. 9 MR. SCHMIDT: Your Honor. 10 THE COURT: Let's finish this. 11 MR. SCHMIDT: I apologize. 12 THE COURT: Okay. 13 MR. FITZGERALD: The government had asked for some 14 showing of what the defenses would be. We understand it 15 wasn't appropriate for us to get it, but yesterday we were 16 saying if there is a proffer made to the Court, your Honor 17 could hear what each party says. I thought that would be -- 18 THE COURT: If you think it would be helpful to the 19 Court in deciding on bifurcation, I will receive and consider 20 it. I am not requiring that at the trial. What I do want is 21 as I said yesterday, I want the government in writing to set 22 forth its view on whether there are any circumstances under 23 which in the Al-'Owhali penalty phase, should it be reached, 24 the government would seek to introduce evidence of the 25 specific attack on Correction Officer Pepe. 4175 1 MR. FITZGERALD: Yes. 2 THE COURT: Not attacks in general, but that 3 specifically, and that I would like to have in writing. All 4 right. 5 MR. SCHMIDT: Your Honor, if I may on the photograph 6 issue, the reason why the request of the photograph of the 7 child, the child, that small child in the photograph is not 8 Mr. El Hage's daughter. It's one of his nieces who was a 9 guest that was there for a short period of time. It simply 10 reflects a pet, not a dangerous guard dog. 11 THE COURT: May I see the photograph? 12 MR. FITZGERALD: I would note a few things. First, 13 the record shows that he bought more than one dog and we were 14 trying to corroborate the witness Kherchtou, since Kherchtou 15 indicated he had a relationship with El Hage, and he walked 16 the dog. We put the records in to show that in fact that was 17 true. It also helps to set the timing. We are not trying to 18 argue to the jury because Mr. El Hage bought a dog he's a 19 dangerous person. 20 THE COURT: Is there any suggestion that the dog was 21 an attack dog? 22 MR. FITZGERALD: No, Judge. There were dogs that 23 were sent, other dogs that would be sent to Khartoum to be 24 trained. They weren't bought as trained attack dogs. We 25 won't contend that. No one is going to argue that Mr. El Hage 4176 1 is a dangerous person because he possessed a dog and I don't 2 think putting a picture of a girl next to a dog in there is 3 necessary to rebut any argument not being made. 4 THE COURT: What probative value does this have? 5 It's a cute picture. The jury certainly has not seen cute 6 pictures, but -- 7 MR. SCHMIDT: Your Honor, it simply is for the 8 purpose of showing that the contact between Mr. El Hage and 9 Mr. Bin Laden concerning the dogs was not sinister, was not 10 criminal, it was not related to viciousness. This is his pet. 11 THE COURT: Do you know the age of the dog? 12 MR. SCHMIDT: Excuse me? 13 THE COURT: Do you know the age of this dog? Do you 14 know how large this dog would be? Do we know the height of 15 the child? Do we know anything about the dog? 16 The objection is sustained on the grounds that the 17 photograph has no probative value with respect to the issues 18 for which it is proposed, and it's simply a cute picture of a 19 child and a dog. The impact on the jury would not be proper 20 or relevant to the issues here which you propose. Mark this 21 as an exhibit for identification so that the record will make 22 this colloquy more meaningful. 23 MR. SCHMIDT: Your Honor, does that mean that we will 24 be able to bring a redacted photo of this with just the dog? 25 THE COURT: No, for the same reason I just stated. 4177 1 Let's bring in the jury, please. 2 (Continued on next page) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4178 1 (Jury present) 2 THE COURT: There is a dog that comes in this 3 courtroom every morning. You think a photograph -- 4 MR. FITZGERALD: Judge. 5 THE COURT: -- of a dog would show -- 6 MR. FITZGERALD: Judge, the jury is present. 7 (Witness resumed) 8 Q Mr. Odeh, I'm going to show you a photograph which has 9 been marked WEHX-P1. 10 MR. FITZGERALD: No objection. 11 THE COURT: Received. 12 (Defendant's Exhibit WEHX-P1 received in evidence) 13 Q Do you recognize that photograph? 14 A Yes. 15 Q What is that a photograph of? 16 A This is the office of Mr. Wadih El Hage. 17 Q Is that the office in his home? 18 A Yes, it is in his house, yes. 19 MR. SCHMIDT: I offer that into evidence, your Honor. 20 THE COURT: It's been received. 21 MR. SCHMIDT: I ask that it be shown. 22 Q You testified that yesterday that there was a desk in the 23 office. Is that the part of the desk that's showing on the 24 right-hand side? 25 A Yes, it is a part of the desk. 4179 1 Q And is that chair with some electronic equipment on it the 2 only chair in the office or is there another chair in the 3 office? 4 A Yes, there are two or three. 5 Q Thank you. 6 (Pause) 7 MR. SCHMIDT: Your Honor, at this time defendant will 8 be offering exhibits WEHX-Y297 to 300 and WEH-Y297-300T, the 9 translation of the these documents. The original is the 10 document that was taken off of the computer seized in Mr. El 11 Hage's home. I offer the original document and the 12 translations into evidence. 13 MR. FITZGERALD: No objection. 14 THE COURT: Received. 15 (Defendant's Exhibits WEHX-Y297 to 300 and 16 WEH-Y297-300T received in evidence) 17 MR. SCHMIDT: May we put the first page of the 18 original document. Would you move it down, please. That's 19 the first page of the document and now if we can put on the 20 translation, the first page of the translation. 21 If I may. 22 (Exhibit read) 23 THE COURT: How much longer is this letter? How much 24 longer is this letter? 25 MR. SCHMIDT: This letter is four pages, I'm on page 4180 1 two. 2 THE COURT: Is the content of the rest of this letter 3 relevant or has there been enough of a description so that the 4 subject matter is clear? 5 MR. SCHMIDT: No. 6 THE COURT: You may continue. 7 (Exhibit read) 8 (Continued on next page) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4181 1 Q Mr. Odeh, was this letter prepared by you? 2 A Yes, it is written by me. 3 Q Where was it prepared? 4 A What? 5 Q Where and how did you prepare it? (Interpreted) 6 A I write before in English but I think is in Arabic. I 7 write in Arabic and give to Wadih, because only the facilities 8 of Arabic language was in Wadih. 9 Q And the fax numbers that were given for all the messages 10 to go and come back, whose fax was that? 11 A Yes, this was Wadih fax. 12 Q Did you have many correspondence with the people 13 concerning the Jordanian exhibition and the sale of Jordanian 14 products? 15 A Yes, sometime look at from Kenya, sometimes from Jordan. 16 It comes supply with that letter and many other letters, 17 coming through that fax. 18 MR. SCHMIDT: Your Honor, there was a stipulation 19 earlier before the break. The government and the defendant 20 Wadih El Hage agree that the persons previously mentioned in 21 the government's case, Ali Mohamed, Mohamed Ali, or Abu 22 Mohamed are not the Mohamed Ali Odeh who is here today or the 23 Ali Mohamed Ali Gab mentioned yesterday or today. 24 At this time, your Honor, I wish to read from the 25 transcript of an Arab conversation, WEHXW28-T, conversation of 4182 1 July 15, 1997 between Wadih El Hage and Ali Gob, or Ali O 2 Mohamed. 3 THE COURT: Any objection? 4 MR. FITZGERALD: No, Judge. 5 MR. SCHMIDT: I offer that transcript. 6 THE COURT: Received, 28 and 28T. 7 (Defendant's Exhibit WEHXW28 and WEHXW28T received in 8 evidence) 9 (Defense Exhibit WEHW28T read to the jury) 10 BY MR. SCHMIDT: 11 Q Mr. Odeh, Mr. Ali Gob indicated that he did not want to 12 bring someone to the house because of thieves. Do you know 13 what he meant by that? Do you know what is meant by that? 14 A You know sometime, you couldn't start talking in general 15 about a tribe, but some, because it -- 16 Q Let me withdraw that question and ask you another 17 question. What is the concern about bringing people that you 18 don't know to one's home? 19 A Because they feel they are thief. 20 Q Have you been the victim of a theft from your home? 21 A Yes, my home completely stolen. 22 MR. FITZGERALD: Objection. 23 THE COURT: Sustained. 24 MR. SCHMIDT: At this time, your Honor, I am going to 25 offer WEHX-M-7X-39T -- it doesn't have T but it is a 4183 1 translation of that document -- into evidence if I may. 2 MR. FITZGERALD: No objection. 3 THE COURT: Received. 4 (Defendant's Exhibit WEHXM7X39 received in evidence) 5 MR. SCHMIDT: I ask that it be published) 6 Q Mr. Odeh, did you know the brand name of the printing 7 machine that was in Mr. El Hage's property? 8 A Sorry, I don't know. 9 Q Do you know the name of the company who manufactured the 10 printing machine? 11 A I don't know anything about it. 12 MR. SCHMIDT: Your Honor, at this time I am going to 13 read the letter. 14 (Defense Exhibit WEHXM7X39 in evidence read to the 15 jury) 16 MR. SCHMIDT: At this time I offer WEHXW18-T, which 17 is the transcript of the conversation found at NB1-138-1, a 18 telephone conversation on August 9, 1997, between Ali Gob and 19 Ali Mohamed, in parentheses Fadhl. 20 MR. FITZGERALD: No objection. 21 THE COURT: Received. 22 (Defendant's Exhibit WEHXW18T received in evidence) 23 MR. SCHMIDT: I will read the part of Ali and 24 Mr. Dratel will read the part of Mohamed. 25 (Defendant's Exhibit WEHXW18T in evidence read to the 4184 1 jury) 2 Q Did you listen to that tape recording? (Interpreted) 3 A Yes, I did. 4 Q The Mohamed mentioned there is not you, is that correct? 5 A The voice of the second one I didn't recognize but the 6 other voice Ali Gob, yes. 7 Q You don't know the voice of the first one, is that 8 correct? 9 A No. 10 MR. SCHMIDT: At this time, your Honor, I wish to 11 offer WEHX-K-31. 12 MR. FITZGERALD: No objection. 13 THE COURT: Received. 14 (Defendant's Exhibit WEHXK31 received in evidence) 15 MR. SCHMIDT: I ask that it be published before the 16 jury. 17 THE COURT: Yes. 18 MR. SCHMIDT: I would ask that I read it. For the 19 record, this was seized in the computer that was seized from 20 Mr. El Hage's home in August of 1997. 21 Q Mr. Odeh, what is VAT stand for? (Interpreted) 22 A (Through interpreter) Value added tax. 23 MR. FITZGERALD: I will stipulate to value added tax. 24 Q For importing those items into Kenya, is it your 25 experience that you must pay value added tax? 4185 1 A Yes, this is procedure, but I did not know what it mean in 2 English. In Arabic, I know. 3 Q Is there a procedure to get an exemption to value added 4 tax for nongovernmental organizations? 5 A In general there is something for nongovernment 6 organization and some personal effects also. This is the 7 procedure you have to follow in both way. You write to the 8 government, if they say yes, exemption or not exemption. 9 MR. SCHMIDT: I am going to offer WEHX-K-18. 10 MR. FITZGERALD: No objection. 11 THE COURT: Received. 12 (Defendant's Exhibit WEHXK18 received in evidence) 13 MR. SCHMIDT: I ask that it be admitted and published 14 to the jury. I will read that to the jury. 15 (Defendant's Exhibit WEHXK18 read to the jury) 16 MR. SCHMIDT: I note that this document was also 17 obtained from the computer seized from Mr. El Hage's home in 18 August of 1997. 19 Q Mr. Odeh, yesterday we discussed your request to Mr. El 20 Hage to obtain visas for two Sudanese individuals coming from, 21 I believe, Thailand. Do you remember that? 22 A That's correct. 23 Q The procedure for obtaining those visas, is this the same 24 type of procedure explained in this letter? 25 A No, this is different. 4186 1 Q Would you explain the procedure. (Interpreted) 2 A Yes. When you ask for visa, is mean past visa. It given 3 for one month, two month. He is not allowed to work. He can 4 make study and he leave. This visa mean he have some business 5 inside the country. 6 Q It is a different procedure -- 7 A Yes, two different procedure, two different department. 8 Q Do you have a visa for working in Kenya? 9 A Yes, I have. 10 Q How often do you need to renew your visa? 11 A If it is class H, two years. If it is class A, three 12 years. Mine is three years. 13 MR. SCHMIDT: At this time I would like to play 14 NB1-020-1, WEH-W7-E. It has very little Swahili. It is 15 almost all in English. I would ask that it be played for the 16 jury and the transcript be published to the jury. 17 MR. FITZGERALD: No objection. 18 THE COURT: Received. 19 (Defendant's Exhibit WEHW7E received in evidence) 20 (Tape played) 21 THE COURT: Why don't you read it. 22 MR. SCHMIDT: We will read it. This is a 23 conversation of November 21, 1996, between Ahmed and David 24 Mbutua. Mr. Dratel will read Ahmed and I will read David. 25 (Defendant's Exhibit WEHW7E read to the jury) 4187 1 MR. SCHMIDT: We are going to try, your Honor, to see 2 if this taped conversation can be played. 3 THE COURT: Before you do that, I am handed a note 4 which says there has been some foulup and that the jurors' 5 lunches have already been sent in. So we will break and we 6 will resume at 1:45. 7 (Luncheon recess) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4188 1 A F T E R N O O N S E S S I O N 2 1:45 p.m. 3 (In open court; jury present; witness resumed) 4 THE COURT: Mr. Schmidt, you may resume. 5 MR. SCHMIDT: Yes, thank you. 6 DIRECT EXAMINATION (Continued) 7 BY MR. SCHMIDT: 8 Q Good afternoon, Mr. Odeh. 9 A Good afternoon. 10 MR. SCHMIDT: Your Honor, at this time I'd like to 11 play WEHX-31-E, also, corresponding to NB1-163 and it's 12 English. Hopefully we'll be able to listen to it in its 13 original version without having to read it. And I move the 14 tape recording into evidence, and I ask that the translation, 15 excuse me, the transcription of the English be shown to the 16 jury. 17 MR. FITZGERALD: May I have a moment, your Honor. 18 (Pause) 19 MR. FITZGERALD: Your Honor, no objection to W31. I 20 look ahead, no objection to W30. 21 MR. SCHMIDT: Thank you. 22 THE COURT: Received. 23 (Defendant's Exhibits WEHX-31 and NB1-163 received in 24 evidence) 25 THE COURT: What is happening now, Mr. Schmidt? 4189 1 MR. SCHMIDT: We're cuing up the tape recording. 2 THE COURT: This is W31. 3 MR. SCHMIDT: That's correct. 4 (Tape played) 5 THE COURT: It is an imposition to impose that 6 discordant sound on the jury, and the inflexion language and 7 so on is not of enough significance to warrant it. 8 MR. DRATEL: This is September 10, 1997 telephone 9 call. Mr. Larsen will read the part of April. I will read 10 the part of Wadih. 11 (Exhibit read) 12 THE COURT: That's not what is being shown on the 13 screen. 14 MR. LARSEN: This is 31. 15 MR. DRATEL: It's correct now, your Honor. 16 THE COURT: All right. 17 (Continued reading) 18 MR. SCHMIDT: At this time, your Honor, we also move 19 into evidence WEX-30-E corresponding with NB1-36 telephone 20 call between Salim Chirchir and unidentified male, and NB1-36. 21 MR. FITZGERALD: No objection. 22 THE COURT: Received. 23 (Defendant's Exhibits WEX-30-E and NB1-36 received in 24 evidence) 25 MR. SCHMIDT: Mr. Dratel and Mr. Larsen will be 4190 1 reading. 2 MR. DRATEL: I will read the part of Salim and 3 Mr. Larsen will read the part of the unidentified male. 4 (Exhibit read) 5 BY MR. SCHMIDT: 6 Q Now, Mr. Odeh, who is Salim Chirchir? 7 A Please correct the name. His name is Salam, S-A-L-I-M. 8 Q Who is Salim? 9 A Salim Chirchir, yes, his name is Salim. 10 Q Who is he? 11 A He's working with security department in Nairobi. 12 Q For who, which security department? 13 A Security department. 14 Q Of what agency? 15 A For investigation. 16 Q Is that the Kenyan criminal investigation division? 17 A Yes. 18 Q And what invitation was he talking about, do you remember? 19 A You know somebody when he want to take a passport from 20 Kenya he need some invitation from overseas, for that Samir 21 when he was with me in Kenya he promise him to invite him and 22 his family to stay some time in Hong Kong. 23 Q And when you were in Hong Kong who were you seeing? 24 A Myself? 25 Q Yes. 4191 1 A What is that date first of all remind me on the date for 2 that I can tell you. 3 Q That date of that conversation was August 6, 1997? 4 A 1997 I see Abdul Martiz, I see Samir, I saw also Dr. Said 5 Taleb, and some people Chinese for gem stones. 6 Q Now, how long had you known Chirchir at that time? 7 A You know I met Chirchir sometimes in the mosque, but we 8 did not be close to each other. Sometime I have a problem for 9 that. 10 THE COURT: This is when? How long have you known 11 him? 12 (Witness consults with the interpreter) 13 A I told you I did not know him clearly for but when we are 14 getting out of the mosque we see each other till I have a 15 problem and Mr. Wadih introduce me to him. 16 THE COURT: Sir, a date, approximate date? 17 MR. SCHMIDT: If I may, your Honor? 18 A It may be sometime August, September, 1996. 19 Q Is that when you were introduced to Salim Chirchir? 20 A Salim Chirchir, yes. 21 Q Prior to that you recognized him from the mosque? 22 A I saw him but we did not talk. Mostly in the mosque we 23 greet each other as we go. 24 Q What kind of problem did you have that caused you to be 25 introduced to Salim Chirchir? 4192 1 A I lost my documents. 2 Q And who recommended that you speak to Salim Chirchir? 3 A Mr. Wadih. 4 MR. SCHMIDT: At this time I wish to offer into 5 evidence WEHX-K-32. 6 MR. FITZGERALD: I object. 7 THE COURT: We'll save it for the last break and go 8 on to something else. 9 Q Did you know if Mr. El Hage had any dealings with Salim 10 Chirchir prior to you being introduced? 11 A I don't think there is any deal, because Salim Chirchir is 12 employee of the government, for that is not a businessman. 13 Q Yes. Did Mr. El Hage have any dealings with Salim 14 Chirchir as -- withdrawn. 15 Did Mr. El Hage have any kind of problem that he went 16 to Mr. Chirchir as a police detective to help him with? 17 A Yes. Mr. Chirchir told me that El Hage had a problem with 18 some house he give the money but rent for the money but they 19 did not give him back. For that, also somebody introduced him 20 to Salim Chirchir. 21 MR. SCHMIDT: Now, at this time I wish to offer into 22 evidence WEHX-W33-T which is a transcript of corresponding 23 tape NB1-012-1 dated November 8, 1996. 24 MR. FITZGERALD: No objection. 25 THE COURT: Received. 4193 1 (Defendant's Exhibits WEHX-W33-T and NB1-012-1 2 received in evidence) 3 MR. DRATEL: I will read the part of Wadih, and 4 Mr. Larsen will read the part of Dr. Said. 5 BY MR. SCHMIDT: 6 Q Mr. Odeh, when talking about paying the rent, whose rent 7 are we talking about? 8 A My house rent. 9 Q Why is Mr. El Hage checking on it? 10 A Because I told you I have no contact with my wife 11 directly. I have to use his telephone to call. 12 Q Okay. Thank you. 13 (Exhibit continued read) 14 BY MR. SCHMIDT: 15 Q What project were you talking about entering into with 16 Wadih El Hage and Dr. Said Taleb? 17 A If you notice I say about Mutaki and Mutaki is in mining 18 department for there the subject concern about stone. 19 Q And where were we talking about? 20 A What? 21 Q Where are we talking the project? 22 A Kenya of course. 23 Q Where in Kenya? 24 A You know different type of Kenya. The stone it is 25 available in one area called Bicut, Voy. This is the area 4194 1 where the stone is located and we get the location then we 2 take for that location. 3 Q It was your understanding that Mr. El Hage was the one 4 that was going to be having the responsibility dealing with 5 Mr. Taleb in this project as well as you? 6 A We planned to put that Taleb in Hong Kong with me, and we 7 supply the stone to him. 8 MR. SCHMIDT: Thank you. 9 (Exhibit continued read) 10 THE COURT: I misspoke a little earlier. I made 11 reference to our midafternoon recess, but since we're 12 adjourning at 3 o'clock, we'll take up that other matter at 3 13 o'clock. 14 MR. SCHMIDT: Now, at this time, your Honor I'd like 15 to offer into evidence WEHX-W7-E -- withdrawn. That's been 16 offered. I apologize. 17 At this time I'd like to offer WEXW6-T which is an 18 Arabic conversation corresponding with NB1-006 on November 13, 19 1996 between Wadih El Hage and Ali Gab. 20 MR. FITZGERALD: No objection. 21 THE COURT: Received. 22 (Defendant's Exhibit WEXW6-T received in evidence) 23 (Pause) 24 MR. SCHMIDT: I apologize. It is actually marked as 25 73. Mr. Dratel will read the part of Wadih and Mr. Larsen 4195 1 will read the unidentified man. I'm sorry. No, it's Ali Gab. 2 Even though it says man, it's Ali Gab. 3 (Exhibit read) 4 (Pause) 5 MR. SCHMIDT: Your Honor, at this time we're offering 6 exhibit WEHXM-7X-31 in the original Arabic, and the 7 translation marked T. 8 MR. FITZGERALD: No objection. 9 THE COURT: What is the exhibit number? 10 MR. SCHMIDT: WEHX-M-7X-31. This is one of the 11 exhibits these are documents seized from Mercy International. 12 THE COURT: Received. 13 (Defendant's Exhibit WEHXM-7X-31 received in 14 evidence) 15 MR. SCHMIDT: Now if you can put on the translation 16 and I'll read the translation. 17 (Translation read) 18 Q Mr. Odeh, now, are with you -- withdrawn. Have you had 19 discussions with Mr. El Hage concerning the sale of 20 semi-precious stones in the United States? 21 A No. 22 Q Did you participate in any of his attempts to sell stones 23 in the United States? 24 A No, he was selling before me and we come to discuss about 25 the United States. 4196 1 Q So are you familiar with any of the merchants in the 2 United States that he dealt with? 3 A To me or to him? 4 Q To him. 5 A I did not know anybody. 6 Q Did you deal with any merchants in the United States 7 concerning semi-precious stones? 8 A Sorry, no, my market was only eastern. 9 MR. SCHMIDT: Thank you. 10 Now, at this time wish we wish to enter WEHX-W15-E -- 11 excuse me -- W15, a tape conversation on May 5, 1997 between 12 Daniel and Wadih. I ask that we display the draft transcript 13 and I guess we're going to read it to avoid hurting our ears. 14 MR. FITZGERALD: Can I have one moment, your Honor? 15 THE COURT: Yes. 16 (Pause) 17 MR. FITZGERALD: No objection. 18 THE COURT: Received. 19 (Defendant's Exhibit WEHX-W15 received in evidence) 20 MR. DRATEL: Mr. Larsen will read Daniel. I will 21 read Wadih. 22 (Exhibit read) 23 MR. SCHMIDT: Your Honor, at this time we wish to 24 offer into evidence the tape WEH-W9 and ask that the English 25 transcription be published for the jury to see related to 4197 1 NB1-033, and while this is not dated, we believe this is a 2 telephone call in December, 1996 between Wadih and David. 3 (Pause) 4 MR. FITZGERALD: No objection. 5 THE COURT: Received. 6 (Defendant's Exhibit WEH-W9 received in evidence) 7 MR. DRATEL: Mr. Larsen will read David's part and I 8 will read of Wadih. 9 (Exhibit read) 10 (Pause) 11 MR. SCHMIDT: Your Honor, at this point we're going 12 to offer into evidence two telephone conversations in English, 13 WEHX-W25 and W26. These are presently undated calls. Thank 14 you, your Honor. 15 MR. FITZGERALD: No objection. 16 THE COURT: 25 and 26 received. 17 (Defendant's Exhibits WEHX-W25 and 26 received in 18 evidence) 19 MR. DRATEL: I'll read the part of Wadih. Mr. Larsen 20 will read the part of Dr. Miso. 21 (Exhibit read) 22 (Continued on next page) 23 24 25 4198 1 MR. DRATEL: Now we will read WHX-W26, which is a 2 conversation between Wadih and an unidentified female, 3 secretary for Dr. Massoy. Mr. Larsen will read the part of 4 the unidentified female, the secretary for Dr. Massoy, and I 5 will read the part of Wadih. 6 (Defense Exhibit WEHXW26 in evidence read to the 7 jury) 8 MR. SCHMIDT: Your Honor, we are going to read a 9 stipulation. 10 MR. DRATEL: It is hereby stipulated and agreed by 11 and between with the United States of America, by Mary Jo 12 White, the United States Attorney for the Southern District of 13 New York, Patrick J. Fitzgerald, Kenneth M. Karas, and Paul W. 14 Butler, Assistant United States Attorneys, of counsel, and the 15 defendants, by and with the consent of their attorneys, as 16 follows: 17 That on August 20, 1998, the building located at 100 18 Mufulo Avenue, Nairobi, Kenya, which were the offices of the 19 Mercy International Relief Agency, hereinafter MIRA, were 20 searched by Kenyan and United States officials, and the 21 following items, among others, were recovered: WEHX-M-7X-23, 22 a letter dated June 24, 1997; WEHXM731, an undated letter, and 23 7X-39, letter dated November 29, 1996. 24 2. The following items with the suffix T are fair 25 and accurate translations of the documents with the 4199 1 corresponding exhibit numbers without the suffix T. The El 2 Hage Defense Exhibit numbers are WEHX-M-7X-23-T and 3 WEHX-M-7X-31-T. 4 3. It is further stipulated and agreed that the 5 government and the defendants are agreeing to the authenticity 6 of the documents as specifically described above and more 7 generally in the preceding paragraph. The government and the 8 defense reserve the right to object to the admissibility of 9 any particular item or the translation of same as each is 10 offered. It is the purpose of this stipulation to avoid the 11 necessity of calling and recalling multiple authentication 12 witnesses at trial during the government and defense cases. 13 Regarding the translations, the parties stipulate that if 14 called as a witness a person fluent in Arabic and English 15 would testify that the translations listed above are narrow 16 and accurate translations. 17 4. It is further stipulated and agreed that this 18 stipulation may be received in evidence as a defense exhibit 19 at trial. 20 THE COURT: Received. 21 MR. DRATEL: There is another stipulation. It is 22 hereby stipulated and agreed by and between the United States 23 of America, by Mary Jo White, the United States Attorney for 24 the Southern District of New York, Patrick J. Fitzgerald, 25 Kenneth M. Karas and Paul W. Butler, Assistant United States 4200 1 Attorneys, of counsel, and the defendants, by and with the 2 consent of their attorneys, as follows: 3 That the computer laptop seized by United States and 4 Kenyan officials August 21, 1997, 1523 Fedha Estates, Nairobi, 5 Kenya, the residence of Wadih el Hage and his family, and 6 previously introduced in evidence as Government's Exhibit 300, 7 contained within its hard drive the following files: El Hage 8 Defense Exhibit number WEHX-K18, which is an application for 9 duty and VAT exemption dated May 4, 1996; WEHX-K31, May 28 10 application for reentry pass; and WEHX-K32, a letter dated 11 July 16, 1997. 12 3. It is further stipulated and agreed that the 13 government and the defendants are agreeing to the authenticity 14 of the documents as specifically described above and more 15 generally in the preceding paragraph. The government and the 16 defense reserve the right to object to the admissibility of 17 any particular item or the translation of same as each is 18 offered. It is the purpose of this stipulation to avoid the 19 necessity of calling and recalling multiple authentication 20 witnesses at trial during the government and defense cases. 21 4. It is further stipulated and agreed that this 22 stipulation may be received in evidence as a Defense Exhibit 23 at trial. 24 One more, your Honor. 25 THE COURT: Do you have exhibit numbers for these? 4201 1 MR. DRATEL: I was going to use -- 2 THE COURT: Finish it first. 3 MR. DRATEL: It is hereby stipulated and agreed by 4 and between the United States of America by Mary Jo White, 5 United States Attorney for the Southern District of New York, 6 Patrick J. Fitzgerald, Kent M. Karas and Paul W. Butler, 7 Assistant United States Attorneys, of counsel, and the 8 defendants, by and with the consent of their attorneys, as 9 follows: 10 That for the time period from July 1996 through 11 September 1997, the Kenyan telephone number 254820067 was 12 assigned to a telephone located at 1523 Fedha Estates, 13 Nairobi, Kenya, which was the residence of Wadih El Hage and 14 his family. During that time period, the telephone was 15 wiretapped. Calls to and from the telephone number were being 16 intercepted and monitored in a secure location in the Nairobi, 17 Kenya, area. Facsimile transmissions from the wiretapped 18 telephone number were also intercepted during part of that 19 time period and were monitored in a secure location in the 20 Nairobi, Kenya, area. 21 2. That included among the tapes generated by the 22 wiretap were the following El Hage defense exhibits which were 23 recorded on or about the date and time indicated and outgoing 24 calls were placed to the telephone number indicated. I will 25 read the list -- 4202 1 THE COURT: A list of telephone numbers? 2 MR. DRATEL: No, of exhibits, the transcripts or the 3 tapes that were put in evidence, your Honor. If you want me 4 to read it, I will read it. 5 THE COURT: I don't care if you read it or not. Give 6 it an exhibit number and introduce it. 7 MR. DRATEL: I will read the numbers and we will 8 introduce it. WEHX-W1; WEHX-W1E; WEHX-W3; WEHX-W4; WEHX-W5, 9 WEHX-W6; WEHX-W7; WEHX-W8; WEHX-W9; WEHX-W10; WEHX-W11; 10 WEHX-W12; WEHX-W13, WEHX-W14; WEHX-W15; WEHX-W16; WEHX-W17; 11 WEHX-W21; WEHX-W22; WEHX-W23; WEHX-W24; WEHX-W25; WEHX-W26; 12 WEHX-W27; WEHX-W28; WEHX-W29; WEHX-W30; WEHX-W31; WEHX-W33. 13 4. That for the time period from July 1996 through 14 September 1997, the Kenyan telephone number 25471202219 was 15 assigned to a telephone number in Nairobi, Kenya, that was 16 subscribed by Ahmad Sheik Aden. During that time period the 17 telephone was wiretapped. Calls to and from the telephone 18 number were being recorded on a tape recording machine in a 19 secure location in the Nairobi, Kenya, area. 20 5. That included among the tapes generated by the 21 wiretap were the following El Hage Defense Exhibits which were 22 recorded on or about the date indicated and outgoing calls 23 were placed to the telephone numbers indicated: WEHX-WW25, 24 WEHX-W26. 25 7. It is further stipulated and agreed that the 4203 1 government and the defendants are agreeing to the authenticity 2 of the documents as specifically described above and more 3 generally in the preceding paragraph. The government and the 4 defense reserve the right to object to the admissibility of 5 any particular item or the translation of same as each is 6 offered. It is the purpose of this stipulation to avoid the 7 necessity of calling and recalling multiple authentication 8 witnesses at trial during the government and defense cases 9 regarding the translation. Defendant El Hage represents that 10 if called as a witness, persons fluent in Arabic and English 11 and Swahili and English would testify that the translations 12 listed above are fair and accurate translations. 13 8. It is further stipulated and agreed that this 14 stipulation may be received in evidence as a defense exhibit 15 at trial. 16 That's it, paragraph 8. Thank you, your Honor. 17 MR. SCHMIDT: Your Honor, at this time we would like 18 to deal with the issue concerning WEHXK32, your Honor. 19 THE COURT: Ladies and gentlemen, we will call it a 20 day and we will resume tomorrow at 10:00 and we will have a 21 full day tomorrow. 22 (Jury excused) 23 MR. COHN: Your Honor, a technical matter, pragmatic 24 matter. Because the marshals can't hold Mr. Al-'Owhali beyond 25 4 and we need to talk to him in the back, Mr. Al-'Owhali, with 4204 1 the permission of the court, would waive his presence now so 2 that part of us can go back and talk with him, if that is OK. 3 THE COURT: Mr. Al-'Owhali, is that agreeable with 4 you? 5 DEFENDANT AL-'OWHALI: Yes. 6 THE COURT: Mr. Mohamed likewise would like to be 7 excused to talk in the back. Is that all right? The record 8 will reflect Mr. Mohamed said yes. 9 We will deal with that objection. I have some 10 questions of Mr. Schmidt as to how long he will be with this 11 witness and this line of testimony. Then we are dealing with 12 the supposed subpoena of Madeleine Albright. Let's take a 13 three-minute recess. 14 (Recess) 15 THE COURT: Before we turn to the specific objection, 16 Mr. Schmidt, how much longer do you expect to be with this 17 witness? 18 MR. SCHMIDT: Not very much longer. We may have one 19 or two short conversations and maybe a couple of exhibits. 20 THE COURT: Half hour? 21 MR. SCHMIDT: I would say at most. 22 THE COURT: Half hour at most, all right. What is 23 the exhibit to which there is objection? 24 MR. SCHMIDT: Your Honor, it is a letter -- 25 THE COURT: Let me see it. 4205 1 MR. FITZGERALD: I will state the objection in two 2 words: Self-serving hearsay. 3 THE COURT: This is a letter dated July 16, 1997. 4 MR. FITZGERALD: The part where he says I am engaged 5 in relief work. The witness has been testifying, telling the 6 type of work he is doing. 7 THE COURT: How does that distinguish this letter 8 from the past day and a half we have had? 9 MR. FITZGERALD: I think they were all objectionable 10 as well. 11 THE COURT: Consistency -- overruled. 12 Who is your next witness, Mr. Schmidt? 13 MR. DRATEL: Your Honor, we will be calling Ashif 14 Juma for a very brief single purpose which I have discussed 15 with the government, which has to do with a government exhibit 16 that came in after his testimony for the government, and then 17 Sikander Juma, another witness who has to be produced by the 18 government, who I understand will be available tomorrow. 19 THE COURT: Are there any exhibits which are going to 20 be introduced which have not been identified to the 21 government? 22 MR. DRATEL: Yes, there may be, your Honor. 23 THE COURT: I said at the start of the trial that if 24 that occurred I would sustain an objection just for that very 25 reason. I have obviously not enforced that rule for the past 4206 1 two days because I realize there has been a delay getting the 2 documents and so on. But I will enforce it from here on. 3 MR. DRATEL: So the court is aware, these are 4 documents that were received from the government. 5 THE COURT: You have received hundreds of thousands 6 of documents from the government. Identify the night before 7 what exhibits so that we don't have this business going on of 8 a conference between questions. You lose continuity, it 9 distracts the jury, it wastes time. 10 MR. DRATEL: I agree, your Honor. We will notify the 11 government this afternoon and we will designate. One exhibit 12 that we will be showing is already in evidence, so that is not 13 an issue. 14 THE COURT: How long will that witness be? 15 MR. DRATEL: The second witness, maybe a half hour. 16 THE COURT: And the third witness? 17 MR. DRATEL: We have an expert, your Honor, whose 18 testimony on direct will be an hour -- I don't know how long 19 the government's cross will be, they anticipate, of the 20 current witness. 21 THE COURT: Is this the witness you complained about 22 lack of a report? 23 MR. FITZGERALD: Both experts there is a lack of 24 report but this was the adequacy of the report we complained 25 about. We will not be long with Mr. Odeh, so in terms of 4207 1 planning you can budget 15 minutes for cross. 2 If I can make a record, we did see exhibits for the 3 first time with insertions about how things got erroneously 4 put in the transcript by the government, things like that. I 5 will be making an objection in the future. We are getting 6 discovery of new documents over lunchtime, not just 7 transcripts. We were asking for reverse discovery for the 8 last six months and then documents show up the morning of or 9 at lunchtime. We are just making a record in case we make a 10 future application. 11 The second thing is, we are getting serious 12 logistical problems. With regard to witnesses under the 13 government's custody and control or under the government's 14 protection, we need notice as to who is testifying or not. It 15 is causing some problems. For example, I understand a retired 16 general from the U.S. Army has been subpoenaed. The 17 Department of Defense advised us that the service was 18 defective. He has a business appointment and is supposed to 19 be traveling. He was subpoenaed to court for this Friday when 20 there is no trial. To hold somebody hostage -- 21 THE COURT: By whom was he subpoenaed? 22 MR. FITZGERALD: By the El Hage team. 23 MR. DRATEL: To complete the record with respect to 24 the other issues, the documents to which Mr. Fitzgerald 25 referred that he received at lunch -- 4208 1 THE COURT: Forget that. 2 MR. DRATEL: I want to make sure it is complete. 3 Those documents he received days ago. They were not stamped 4 as exhibits. What he received this afternoon are the same 5 documents stamped as exhibits. That's the only difference. 6 With respect to the Jumas -- 7 THE COURT: I want to make clear, whether the defense 8 case one week or three weeks really isn't my concern. I just 9 think it is contrary to your client's interests to not have 10 the matters proceed in a smooth fashion. 11 What about this general who was subpoenaed for 12 Friday? 13 MR. SCHMIDT: Your Honor, once we found out that 14 there would not be a Somalia stip, I immediately subpoenaed a 15 retired general who was in charge of the troops for the 16 October 3 and 4 incidents. If it was on Friday, that was an 17 error. I had spoken to him after service. I explained to him 18 that if a stipulation does work out that he won't be needed, 19 that he might be needed. I knew he traveled and therefore I 20 wanted to try to reach him as soon as possible. I also 21 learned that the other retired general who was in charge of 22 the American troops in Somalia, the quick reaction force 23 subpoena had been returned unserved. He is apparently out of 24 the country now and I cannot locate him now. This is the one 25 that came back. 4209 1 Third was the person who prepared the after-action 2 report or was responsible for the after-action report there, 3 which we still do not have. We are trying our best to fill in 4 the holes on the Somalia issue and that's the problem. 5 THE COURT: I accept that, but now -- and I take it 6 this witness's only objection is to the time? 7 MR. FITZGERALD: I haven't spoken to the witness, but 8 he was leaving on a business trip tomorrow. 9 THE COURT: For how long? 10 MR. FITZGERALD: I got a message -- it sounds like a 11 week or two. He is going on an overseas trip. He is retired 12 but on business. He has a subpoena for Friday. The 13 Department of Defense sent Mr. Schmidt a letter indicating the 14 ways in which the subpoena was defective. I haven't spoken to 15 the general. 16 THE COURT: Today is Tuesday. Can he be available 17 Thursday? Does anyone know? 18 MR. SCHMIDT: Judge, I don't know what the government 19 case is at this point as to Somalia. We haven't gotten all 20 the discovery material. 21 THE COURT: What do you want? What do you want to be 22 told to this retired general who is about to leave the country 23 for a week? You can't put a hold on him. 24 MR. SCHMIDT: If he is available to come with a day 25 or two notice to return to the United States, then he can do 4210 1 it. 2 THE COURT: Ask him to advise you when he will return 3 to the United States, and when you have that information, pass 4 it on to Mr. Schmidt. 5 MR. FITZGERALD: Yes, Judge. Just so we are clear, 6 that was his personal objection. There is a Department of 7 Defense objection to the subpoena and I am not waiving CIPA. 8 MR. SCHMIDT: I haven't received anything from the 9 Department of Defense, your Honor. 10 THE COURT: This really brings me very logically to 11 the matter of the Madeleine Albright subpoena. We have had 12 significant colloquy with respect to that, and I still believe 13 that certain matters which were set forth as proposed areas of 14 inquiry of the witness would not be permitted. An example 15 that comes to mind is the awareness of threats and the failure 16 to close the embassy or take other precautions. I think I 17 have made my views known sufficiently both orally and in 18 memorandum. 19 The other thing that occurs to me is, even if one 20 overcomes the hurdle of the content, of the subject matter, 21 the defendant has chosen an individual which raises questions, 22 one, as to her availability, and, two, whether she is the 23 proper witness. I understand the defendants' strong 24 motivation to get before the jury her interview on 60 Minutes. 25 There are ways that that could take place assuming it were 4211 1 admissible, without her being on the stand. But we don't 2 know -- none of us know -- I assume none of us know. Perhaps 3 the government has been in contact with her -- her 4 availability. 5 The other thing is, I take it her personal views, her 6 personal opinions on any of these matters is really 7 irrelevant. She may have been personally of a view which was 8 different than the administration view. I am not suggesting 9 that she was or was not. I am simply suggesting that she is 10 not really being subpoenaed as a private citizen but as 11 somebody who is a spokesman for government policy. 12 I note that the State Department regulations defining 13 employees specifically include former employees. 14 All of which -- let me ask another question. For 15 these purposes would the United States Attorney's office be 16 her legal representative? 17 MR. GARCIA: Your Honor, in conjunction with the 18 State Department, I think under a similar scheme as the 19 Department of Defense, the regulations provide for input from 20 the Justice Department when these agents are subpoenaed. 21 THE COURT: My inclination, just as yesterday with 22 the subpoenas of AFP -- the issue was readily resolved after 23 the subpoena was issued. My inclination is to sign the 24 subpoena, which I have not yet done, to make it very clear, as 25 I did with the subpoenas on the media, that I am imposing no 4212 1 court imprimatur on the subpoenas. I am not ruling on any of 2 the many weighty objections that might be made to the subpoena 3 both with respect to the subject matter, with respect to 4 whether she is a proper or not or not. But if we discover 5 that she too has prior plans or commitments which would 6 preclude her being here, what might be very profound legal 7 issues would disappear. 8 So that is what I would propose doing, but if anyone 9 objects to that I would hear you. 10 MR. BAUGH: I do wish to note, your Honor, that 11 unlike Mr. Schmidt's application for the issuance of a 12 subpoena for a retired general, we have issued a subpoena in 13 the punishment phase of the death case. Quite candidly, if 14 this were a subpoena for Joe the Ragman, they would be brought 15 here and I can find no distinction in the statute that because 16 this person Madeleine Albright is a former lofty ambassador of 17 good standing in our nation there is no difference in their 18 obligation -- 19 THE COURT: You want to argue the merits now. You 20 know, I can't win. You want me to sign a subpoena. I have 21 said I think I should sign the subpoena. Now you want to 22 object to my doing that? 23 MR. BAUGH: My concern was the caveat you put after 24 that, and that is if Mrs. Albright, if an ambassador has a 25 scheduling problem and if she is the best witness for this 4213 1 issue, then at that juncture, rather than try to bring in 2 someone else, we will either have her made available or 3 continue the matter until she can become available. 4 THE COURT: That is really incredible, that you 5 should make that point now. You know, I have tried to suggest 6 that it may be entirely unnecessary and counterproductive to 7 deal with these matters in the abstract. 8 MR. BAUGH: I agree, your Honor. 9 THE COURT: Unless you want me to rule on the merits 10 of all these issues in the abstract, but I do not think that 11 would be a prudent course for you to follow. 12 MR. BAUGH: Nor I, your Honor, but I don't want the 13 court to assume, as the government did in its response, that 14 by acquiescing to certain statements by the court and not 15 responding to them in the record at this time that I am 16 conceding those issues, and the government seems to assert 17 that in its responsive pleading. As long as we have that 18 understanding, your Honor, I am ready to sit down. 19 THE COURT: Is there any objection to my signing the 20 subpoena, understanding the reason why I sign it is simply to 21 move the matter forward to the next step and without in any 22 way indicating that I think that she is a proper party, that 23 service will be made in the proper fashion or any and all 24 other defenses that might be made? 25 MR. GARCIA: No, your Honor, I certainly understand 4214 1 that. One point, not to be argumentative. I think what we 2 are seeing with a lot of these subpoenas, and Mr. Schmidt's 3 subpoena, is a complete disregard for the CFR regulations, 4 which provide a basis to quash and for requesting the 5 information that is put forward, which seems to serve a 6 twofold purpose. One is to protect the government and give a 7 basis for moving to quash, and the other is to give the 8 defendant a basis to say that this is relevant material and it 9 is relevant to my defense. Without that we are going to be in 10 a posture where the State Department, like the Department of 11 Defense, is going to come back and say the notice is 12 defective, we don't know what they want, we don't know what 13 the relevancy is. I understand, your Honor, that we are 14 pushing that day off, but by doing that we are getting by a 15 preliminary hurdle that might focus the issues at a later 16 date. 17 THE COURT: I am not sure. You know, the cases all 18 deal -- not all, but primarily deal with quashing. There is 19 nothing to quash until a subpoena is in fact signed. My 20 efforts, really in the interests of expedition, to 21 shortcircuit, I think have not been fruitful. 22 If you resubmit the subpoena I will sign it, as I 23 say, reserving to both sides all rights. 24 Anything further? 25 MR. GARCIA: Nothing. Thank you. 4215 1 THE COURT: Thank you. 2 (Adjourned until 10:00 a.m., Wednesday, April 18, 3 2001) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4216 1 2 INDEX OF EXAMINATION 3 Witness D X RD RX 4 MOHAMED ALI ODEH........ 4149 5 DEFENDANT EXHIBITS 6 Exhibit No. Received 7 WEHXW13 and WEHXW13T .......................4152 8 WEHD41 and D41T ............................4152 9 WEHXW5 and WEHXW5T .........................4155 10 WEHX16 and WEHXW16T ........................4159 11 WEHW27 .....................................4161 12 WEHWW22 and WEHXW22-T ......................4163 13 WEHX-M-7X-23 ...............................4165 14 s WEHXW17 and 17T ...........................4167 15 WEHXW17-T ..................................4168 16 WEHX-P1 ....................................4178 17 WEHX-Y297 to 300 and WEH-Y297-300T .........4179 18 WEHXW28 and WEHXW28T .......................4182 19 WEHXM7X39 ..................................4183 20 WEHXW18T ...................................4183 21 WEHXK31 ....................................4184 22 WEHXK18 ....................................4185 23 WEHW7E .....................................4186 24 WEHX-31 and NB1-163 ........................4188 25 WEX-30-E and NB1-36 ........................4189 4217 1 WEHX-W33-T and NB1-012-1 ...................4193 2 WEXW6-T ....................................4194 3 WEHXM-7X-31 ................................4195 4 WEHX-W15 ...................................4196 5 WEH-W9 .....................................4197 6 WEHX-W25 and 26 ............................4197 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
HTML by Cryptome.