10 July 2001
Source: Digital file from the Court Reporters Office, Southern District of New York; (212) 805-0300.
This is the transcript of Day 76 of the trial, July 10, 2001.
The transcript for Day 75 was not sent by the Court Reporter. By difference of page numbers of Day 74 and 76 it appears to consist of 2 pages.
See other transcripts: http://cryptome.org/usa-v-ubl-dt.htm
8752 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 July 10, 2001 10:00 a.m. 10 11 12 Before: 13 HON. LEONARD B. SAND, 14 District Judge 15 APPEARANCES 16 MARY JO WHITE United States Attorney for the 17 Southern District of New York BY: PATRICK FITZGERALD 18 MICHAEL GARCIA Assistant United States Attorneys 19 20 21 DAVID RUHNKE DAVID STERN 22 Attorneys for defendant Khalfan Khamis Mohamed 23 24 25 8753 1 (The jury was assembled at 10:00 a.m. and 2 deliberations resumed.) 3 THE COURT: Good morning. 4 THE JURY: Good morning. 5 THE COURT: Mr. Kenneally, will you take attendance, 6 please. 7 DEPUTY CLERK: Ladies and gentlemen of the jury, 8 please answer to your presence as your name is called. 9 (July roll called; all present) 10 DEPUTY CLERK: Madame Forelady, has the jury reached 11 a verdict on the Special Verdict Form? 12 THE FORELADY: Yes, we have. 13 DEPUTY CLERK: On Section I, The Gateway Factors, 14 Part A, Question 1, your answer is? How do you find? 15 THE FORELADY: The first one: We unanimously find 16 that this factor has been proved beyond a reasonable doubt 17 with regard to all of the capital counts. 18 DEPUTY CLERK: With the continuation on Part A of 19 Section I, Question 2. 20 THE FORELADY: Yes. 2, also the first one: We 21 unanimously find that this factor has been proved beyond a 22 reasonable doubt with regard to all of the capital counts. 23 DEPUTY CLERK: Question 3 of Part A, Section I. 24 THE FORELADY: Question 3, also the first one: We 25 unanimously find that this factor has been proved beyond a 8754 1 reasonable doubt with regard to all the capital counts. 2 DEPUTY CLERK: Part A, Question 4. 3 THE FORELADY: Question 4, the first one also: We 4 unanimously find that this factor has been proved beyond a 5 reasonable doubt with regard to all of the capital counts. 6 DEPUTY CLERK: Going to Section II, Statutory 7 Aggravating Factors, Part A, what is your answer? 8 THE FORELADY: The first one: We unanimously find 9 that this factor has been proved beyond a reasonable doubt 10 with regard to all the capital counts. 11 DEPUTY CLERK: Part A, Question 2. 12 THE FORELADY: Also the first one: We unanimously 13 find that this factor has been proved beyond a reasonable 14 doubt with regard to all of the capital counts. 15 DEPUTY CLERK: Part A, Question 3, your answer is? 16 THE FORELADY: Also the first one: We unanimously 17 find that this factor has been proved beyond a reasonable 18 doubt with regard to all of the capital counts. 19 DEPUTY CLERK: Continuing on Part A, Question 4. 20 THE FORELADY: Question 4, also the first one: We 21 unanimously find that this factor has been proved beyond a 22 reasonable doubt with regard to all of the capital counts. 23 DEPUTY CLERK: Skipping Part B, we go to Section III, 24 the Non-Statutory Aggravating Factors, Part A. 25 THE FORELADY: Part A is the last one: We do not 8755 1 unanimously find that this factor has been proved beyond a 2 reasonable doubt with regard to any of the capital counts. 3 DEPUTY CLERK: Continuing on Section III, Part B, 4 your answer is? 5 THE FORELADY: Is the first one: We unanimously find 6 that this factor has been proved beyond a reasonable doubt 7 with regard to all of the capital counts. 8 DEPUTY CLERK: Continuing Part A, Question C. 9 THE FORELADY: Question C is the first one: We 10 unanimously find that this factor has been proved beyond a 11 reasonable doubt with regard to all of the capital counts. 12 DEPUTY CLERK: Section IV, the Mitigating Factors, 13 how do you find as to A(1) through (3)? 14 THE FORELADY: A(1) through (3), the number of jurors 15 is ten. 16 DEPUTY CLERK: Part B, the number of jurors? 17 THE FORELADY: B, number of jurors is 11. 18 DEPUTY CLERK: Part C(1) through (3)? 19 I'm sorry. Part C, Question C(1) through (3), number 20 of jurors? 21 THE FORELADY: Number of jurors is nine. 22 DEPUTY CLERK: E, number of jurors you so find? 23 THE FORELADY: Number of jurors for E is nine. 24 DEPUTY CLERK: F? 25 THE FORELADY: Number of jurors for F is 12. 8756 1 DEPUTY CLERK: G? 2 THE FORELADY: For G the number of jurors is zero. 3 DEPUTY CLERK: Continuing on Section IV, Mitigating 4 Factors, H? 5 THE FORELADY: For H, number of jurors is nine. 6 DEPUTY CLERK: I'm sorry, nine? 7 THE FORELADY: Nine. 8 DEPUTY CLERK: Going to I. 9 THE FORELADY: I, the number of jurors is 12. 10 DEPUTY CLERK: J? 11 THE FORELADY: J, the number of jurors is seven. 12 DEPUTY CLERK: L? That's L(1) through (3). 13 THE FORELADY: L(1) through (3) is ten. 14 DEPUTY CLERK: Madame Forelady, do you have 15 additional mitigating factors? 16 THE FORELADY: Yes, there were two additional 17 mitigating factors. The first one is that Khalfan Mohamed's 18 last psychological report dated March 2001 judged his 19 potential of harm to others to be low. 20 DEPUTY CLERK: Continue. 21 THE FORELADY: And the number of jurors who so find 22 is nine. 23 DEPUTY CLERK: Any further mitigating factors? 24 THE FORELADY: Yes. The next one, the last one, is 25 that life imprisonment is a harsher punishment than being put 8757 1 to death, and the number of jurors who so find is three. 2 DEPUTY CLERK: Three. 3 Section V, Determination of Sentence. Madame 4 Forelady, can you please read out loud your determination of 5 sentence? 6 THE FORELADY: Certainly. It's the last one: We, 7 the jury, are unable to reach a unanimous verdict either in 8 favor of a life sentence or in favor of a death sentence for 9 any of the capital counts. We understand that the consequence 10 of this is that Khalfan Khamis Mohamed will be sentenced to 11 life imprisonment without the possibility of release. 12 THE COURT: Ladies and gentlemen, let me summarize 13 your findings and make sure that we have reported them 14 correctly. 15 With respect to the gateway factors, you have 16 answered that you have unanimously found the gateway factors 17 to have been proven beyond a reasonable doubt with regard to 18 all of the capital counts, and you made a similar finding with 19 respect to the statutory aggravating factors. 20 With respect to the non-statutory aggravating 21 factors, you do not unanimously find that the defendant poses 22 a continuing and serious threat to the life and safety of 23 others with whom he will come in contact. You do find that 24 the non-statutory aggravating factors B and C have been proven 25 beyond a reasonable doubt. 8758 1 With respect to the mitigating factors, with respect 2 to A, ten jurors so found; B, eleven jurors; C, nine jurors; 3 E, nine jurors; F, twelve jurors; no jurors found as to G; 4 nine as to H; twelve as to I; seven as to J; ten as to L. 5 You have found as two additional mitigating factors 6 that K.K. Mohamed's last psychological report showed that 7 danger of harm to others was low, and nine jurors so found. 8 THE FORELADY: Correct. 9 THE COURT: And you also found as a mitigating factor 10 that life imprisonment was a harsher punishment than death, 11 and three jurors so found. 12 THE FORELADY: Yes. 13 THE COURT: And with respect to sentence, you are 14 unable to reach a unanimous verdict either in favor of a life 15 sentence or in favor of death sentence for any of the capital 16 counts. You understand that the consequence of this is that 17 Khalfan Khamis Mohamed will be sentenced to life imprisonment 18 without the possibility of release. 19 THE FORELADY: Correct. 20 THE COURT: And have each of you put your number on 21 the last sheet, indicating that that reflects your unanimous 22 determination; and have you completed the certification which 23 appears as Section VI, dated and signed the special Special 24 Verdict Form? 25 THE FORELADY: Yes, sir. 8759 1 THE COURT: Have you also signed your real name and 2 placed that certificate in the envelope? 3 THE FORELADY: Yes, sir. 4 THE COURT: Mr. Kenneally, will you poll the jury? 5 DEPUTY CLERK: Ladies and gentlemen of the jury, you 6 have heard your verdict as it has been -- 7 JUROR NO. 7: I'm sorry, your Honor. I'm sorry. I 8 need clarification. In the polling of the jury, are you 9 asking us individually how we voted or if we are in agreement 10 that this is the sentence that is being imposed? 11 THE COURT: The question is whether this is an 12 accurate statement of the verdict reached by the jury. 13 JUROR NO. 7: Thank you. 14 THE COURT: You are saying no more but no less than 15 the verdict as announced by the foreperson and as summarized 16 by the Court is an accurate statement of the verdict rendered 17 by the jury. 18 Mr. Kenneally, poll the jury. 19 (Jury polled; each juror responded in the 20 affirmative) 21 THE COURT: Is there anything further that counsel 22 requests with respect to the jury before I discharge them with 23 the thanks of the Court? 24 MR. FITZGERALD: No, Judge. 25 MR. RUHNKE: No, your Honor. 8760 1 THE COURT: Ladies and gentlemen, some parting 2 comment seems appropriate, and I know you have had some 3 questions that have been relayed to me through the marshal. 4 First, let me extend my appreciation to all of those 5 who have enabled these proceedings to move forward 6 expeditiously and with minimal disruption. Our thanks to the 7 deputy marshals, the security officers, court reporters, 8 interpreters, Mr. Kenneally. 9 This difficult and emotionally-charged case has 10 proceeded with no virtually no petty bickering among counsel, 11 and it has been a rare occasion where we have had to interrupt 12 the taking of testimony for sidebars or matters that we have 13 not dealt with before you arrived or after you left. 14 Above all, and on behalf of all the participants in 15 this trial, our thanks to you, the jury. You have been 16 patient, conscientious and good-natured, as you devoted more 17 than half a year to this extraordinary civic duty. Thanks, 18 too, to your family, your employers, your co-workers, who have 19 also been called upon to make sacrifices. 20 We have heard the view expressed, for a variety of 21 reasons, a case of this type could not receive a fair trial 22 before an American jury. You know how wrong that view was. 23 The amount of time, effort, and resources that have been 24 expended to protect everyone's rights has been apparent. No 25 one who has carefully followed these proceedings can entertain 8761 1 any doubt that you have based your decisions solely on the 2 meticulous scrutiny of the evidence and the issues. 3 You have asked about taking material home, and I'm 4 sorry, but, no, everything should be left in the jury room and 5 it will all go into the shredder. 6 One final observation, and that is with respect to 7 talking to the media, to the press. First, it should be clear 8 that once you leave this courthouse, you have every right, if 9 you wish, to contact the press and discuss what occurred in 10 the jury room. You also have an absolute right not to do so. 11 The press has a right to seek you out and encourage 12 you to discuss what went on during your deliberations. That 13 is the roll of the press, and I intend no criticism of them if 14 they seek to contact you. A free and informed press is a 15 mainstay of our system of government. I am not questioning 16 that. But if you decline to speak to the press, you are not 17 to be badgered or called repeatedly. If this occurs, please 18 advise the marshal and I will take appropriate action. 19 Having said that you have a right to seek out and to 20 talk to the press, if you wish to do so, let me urge that you 21 not do so, for several reasons: The American jury system is 22 an amazing institution, and having observed it closely as a 23 trial judge for over 20 years, I am more and more convinced of 24 its value and its important role in our society. 25 One of the keystones of the jury system is the 8762 1 secrecy given to jury deliberations. Every juror in this case 2 and every juror in cases that will follow should be secure in 3 the knowledge that the views he or she candidly expresses 4 during jury deliberations will not be emblazoned in the print 5 or the electronic media. 6 Moreover, for good reason, you are an anonymous jury. 7 We promised that we would make every reasonable effort to keep 8 your identity secret. Obviously, if press accounts begin to 9 appear and other jurors, perhaps disagreeing with what was 10 said, begin responding in the press, there is a real danger 11 that your anonymity will be jeopardized. 12 As I have said, please leave your notes and papers in 13 the jury room and they will all be shredded. 14 I don't know your names and may never see you again, 15 but I am very appreciative of the service that you have 16 rendered and I would like to shake your hands and wish you 17 Godspeed. 18 (Jury excused) 19 THE COURT: We will set September 19th at 10 a.m. in 20 this courtroom for sentencing. 21 MR. RUHNKE: Yes, your Honor. 22 THE COURT: We will order a full pre-sentence report. 23 I assume counsel wish to be present -- 24 MR. RUHNKE: Yes. 25 THE COURT: -- for the interview for the pre-sentence 8763 1 report, and that will be noted. 2 Is there anything else? 3 MR. FITZGERALD: No, Judge. Thank you. 4 THE COURT: That being the case, we are adjourned 5 until September 19th at 10 a.m. 6 Thank you all. 7 (Adjourned) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
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