27 May 2004
Source: Digital file from Southern District Reporters Office; (212) 805-0300.
This is the transcript of Day 7 of the trial.
See other transcripts: http://cryptome.org/usa-v-ssy-dt.htm
Lynne Stewart web site with case documents: http://www.lynnestewart.org/
1083 45RSSAT1 1 UNITED STATES DISTRICT COURT 1 SOUTHERN DISTRICT OF NEW YORK 2 ------------------------------x 2 3 UNITED STATES OF AMERICA, 3 4 v. S1 02 Cr. 395 (JGK) 4 5 AHMED ABDEL SATTAR, a/k/a "Abu Omar," 5 a/k/a "Dr. Ahmed," LYNNE STEWART, 6 and MOHAMMED YOUSRY, 6 7 Defendants. 7 8 ------------------------------x 8 9 9 New York, N.Y. 10 May 27, 2004 10 9:30 a.m. 11 11 Before: 12 12 HON. JOHN G. KOELTL 13 13 District Judge 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1084 45RSSAT1 1 APPEARANCES 1 2 DAVID N. KELLEY 2 United States Attorney for the 3 Southern District of New York 3 ROBIN BAKER 4 CHRISTOPHER MORVILLO 4 ANTHONY BARKOW 5 ANDREW DEMBER 5 Assistant United States Attorneys 6 6 KENNETH A. PAUL 7 BARRY M. FALLICK 7 Attorneys for Defendant Sattar 8 8 MICHAEL TIGAR 9 JILL R. SHELLOW-LAVINE 9 Attorneys for Defendant Stewart 10 10 DAVID STERN 11 DAVID A. RUHNKE 11 Attorneys for Defendant Yousry 12 12 13 14 15 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1085 45RSSAT1 1 (Trial resumed) 2 THE COURT: Good morning all. 3 MR. TIGAR: In light of yesterday's press conference 4 by the Attorney General and the publicity about Al Qaeda 5 operatives in the United States, we would ask your Honor 6 specifically to inquire in your initial questioning of jurors 7 whether there is anything they have read or heard in the last 2 8 days that has an impact on their ability to be a fair and 9 impartial juror. 10 I don't think it's necessary to focus on the specific 11 press conferences but the level of concern has been very high 12 and the Attorney General and his friends went so far yesterday 13 as to suggest that people watch new people moving in into their 14 neighborhood and be unusually vigilant about strangers and so 15 on. 16 THE COURT: I actually do ask each of the jurors a 17 substantially similar question and I will continue to do that. 18 MR. TIGAR: I was suggesting, your Honor, a slight 19 modification of what I had understood the court to have been 20 doing in the past. 21 THE COURT: All right. 22 MR. RUHNKE: I didn't want to interrupt your Honor, if 23 you had something. 24 The reason I rose was that we would like to make a 25 proposal to the court on behalf of the defense that your Honor SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1086 45RSSAT1 1 stop the jury selection process when we reach 66 pre-qualified 2 jurors. That is ten over the minimum that we need. I have 3 discussed it with the government. They haven't informed me 4 their position on this but also with the proviso that the 5 remaining jurors not be told that they are released in the 6 event that for some unforeseen reason we lose ten jurors over 7 the next 3, 4 weeks. That is our proposal. If we did that we 8 can surely finish jury selection next week and then turn to 9 some of the other issues that are on everyone's plate. That is 10 our proposal, your Honor. I don't expect you to rule on it 11 right now. 12 THE COURT: Okay. 13 The government? 14 MR. DEMBER: Your Honor, I don't think we have firmly 15 decided where we stand with respect to that issue. We have 16 discussed it amongst ourselves. We do think though that 66 is 17 a bit low as a number. Your Honor originally wanted us to 18 qualify 70. That was before the extension of the start of the 19 trial until June 21st and when that matter came up in court 20 several weeks ago it was our recommendation that your Honor 21 include at least ten additional jurors to the pool because of 22 the added amount of time and possibility that we might lose 23 jurors in the interim. So at the very least I think that is 24 going to be our position with respect to this issue, your 25 Honor. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1087 45RSSAT1 1 THE COURT: Okay. Well, I will certainly think about 2 it and I will see how it goes. 3 MR. RUHNKE: We would not include in that number 4 jurors who have to get back to us or who are just provisionally 5 qualified. 6 THE COURT: If I went down below 90 and came closer to 7 80 you are only talking about an additional 2 days, about an 8 additional 2 days of qualifying. 9 MR. RUHNKE: That seems fine. 10 THE COURT: So I will see where we are. 11 MR. BARKOW: Your Honor, just one very quick matter. 12 We are having a computer problem and we have a 13 litigation support person from our office here who we were 14 going to ask the court if it was okay if they sit here and try 15 to fix it. They won't be making noise or anything but I can't 16 figure it out and I wanted to ask the court. 17 THE COURT: Sure. 18 MR. BARKOW: Thank you. 19 THE COURT: We got a note or the jury administrator 20 got a note from Juror 464. I will read it to you. 21 "I filled out the questionnaire on May 4. I will be 22 out of town from June 3rd to June 7th. I was told that I 23 probably won't get called before June 7th. Thank you." 24 And so I have marked my notes for 464 as not until 25 June 7th. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1088 45RSSAT1 1 The parties were going to discuss what they wish to do 2 with 217. That was the juror who knew someone else and so the 3 issue is when the jury administrator essentially should give 4 some information that it is or is not an issue. From the looks 5 on the government's face it's not an issue that you have 6 considered yet. 7 MR. DEMBER: We haven't come to a definitive 8 conclusion with respect to that one, your Honor, as to what 9 position we are taking. 10 THE COURT: Okay. 11 MR. DEMBER: But we will, and this afternoon I can 12 represent something to the court, if you wish. 13 THE COURT: Okay. 14 In going over the questionnaires, do the parties agree 15 that Juror 257 should be stricken? 16 MR. DEMBER: Yes, your Honor. 17 THE COURT: That is why I checked. 18 MS. SHELLOW-LAVINE: Yes, your Honor. 19 THE CLERK: 257, your Honor? 20 THE COURT: Yes. 21 So the parties agree that 257 can be stricken. 257 22 was scheduled to be called in this afternoon. I don't know if 23 Mr. Price can call 257 and excuse 257. 24 Okay, this morning I am told we have 227, 238, 240, 25 241, 243, 246, 250, 252, 253 and 254. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1089 45RSSAT1 1 248 is absent sick. 2 Are we ready for 227? 3 (Juror present) 4 BY THE COURT: 5 Q. Good morning, Juror 227. 6 A. Good morning. 7 Q. It's good to see you. 8 Let me ask you some preliminary questions before I go 9 to the questionnaire. 10 Since you were here last has anything changed 11 concerning your ability to serve as a juror in this case or has 12 anything occurred to you or have you seen or heard or read 13 anything that may affect your ability to be a fair and 14 impartial juror in this case? 15 A. No. 16 Q. It now appears that the date that the final jury will be 17 chosen in this case will be Monday, June 21st. So after today 18 it's unlikely that you will be asked to call back before June 19 18th. Does that present any serious hardship for you? 20 A. Yes. 21 Q. Tell me what the serious hardship is. 22 A. Because I am a nurse's aid and I have nobody to replace me 23 for my clients. 24 Q. Okay. 25 You are a nurse's aid? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1090 45RSSAT1 1 A. Yes. 2 Q. And when you filled out the questionnaire you told us that 3 serving on the jury in this case would not be a serious 4 hardship if you were chosen in this case. 5 What is it that occurs to you now that leads you to 6 believe that it would be a serious hardship? 7 A. The long period of time. 8 Q. Well, you are right, it's a long period of time, but if you 9 were chosen as a juror in this case, you would be paid your 10 salary, wouldn't you? 11 A. No. 12 Q. You work for an organization that itself works with the 13 federal government? 14 A. I really don't know because I am new. 15 Q. I am sorry? Keep your voice up. 16 A. Excuse me, I have a cold. 17 I said I don't know because I am new in the agency. I 18 don't know how it works. 19 Q. Okay. 20 Why are you sure that your salary will not be paid? 21 A. Because they told me so when I start working. 22 Q. What did they tell you? 23 A. That if I start jury duty I don't get paid for jury duty. 24 Q. When you filled out the questionnaire you said that serving 25 on the jury would not be a serious hardship for you. Why did SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1091 45RSSAT1 1 you say it would not be a serious hardship if you were 2 confident that your salary would not be paid? 3 A. Because I thought it was going to be a short case. 4 Q. I am sorry? 5 A. I thought it was going to be short. 6 Q. But I told you at the outset how long the case would be. 7 So when you filled out the questionnaire you knew how long the 8 case would be, didn't you? Yes? 9 A. No. 10 Q. On the first page of the questionnaire it says the court 11 and the parties estimate that the trial in this case will last 12 approximately 4 to 6 months. And then you were asked would you 13 have a serious hardship and you said no. 14 A. I did a mistake. 15 Q. All right. 16 Can you step out for a moment? 17 (Juror absent) 18 THE COURT: I am prepared to strike the juror. 19 MR. TIGAR: The defense consents, your Honor. 20 MR. DEMBER: So do we, your Honor. 21 THE COURT: Okay. 22 (Juror present) 23 BY THE COURT: 24 Q. Juror 227, I will excuse you. You can go home now and all 25 of your paperwork will be taken care of in the mail. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1092 45RSSAT1 1 A. Am I going to get a letter? 2 Q. You can go over to the jury office and talk to the jury 3 administrator about getting a letter that you were here today. 4 A. Okay, thank you. Have a nice day. 5 (Juror absent) 6 THE COURT: Juror 238. 7 (Juror present) 8 BY THE COURT: 9 Q. Please have a seat. 10 Good morning, Juror 238. It's good to see you. 11 A. Thank you. Good morning. 12 Q. Since you were here last has anything changed concerning 13 your ability to serve as a juror in this case or has anything 14 occurred to you or have you seen or heard anything that may 15 affect your ability to be a fair and impartial juror in this 16 case? 17 A. No. 18 Q. It now appears that the date that the final jury will be 19 chosen in this case will be June 21st. So after today you 20 won't be called to come back. You won't have to call in until 21 June 18th. Does that present any serious hardship for you? 22 A. Not at all. 23 Q. Since you were here last have you spoken to anyone about 24 this case or have you looked at or listened to anything about 25 the case? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1093 45RSSAT1 1 A. No. 2 Q. Has anyone spoken to you about the case, and that includes 3 any conversations here at the courthouse with any prospective 4 jurors? 5 A. No. 6 Q. While you were waiting with the other prospective jurors, 7 did you or anyone you overheard discuss the case? 8 A. No, I haven't. 9 Q. You told us in the questionnaire that you work for the 10 Department of Homeland Security in the citizenship immigration 11 services and that you are a customer service information 12 representative. Can you explain what that job entails? 13 A. It's pretty much entails providing information on laws, 14 regulations to customers, the public. You are pretty much just 15 giving them information on applying for immigration benefits, 16 just assisting them in applying for applications and benefits 17 and giving them help on regulations and policy just to serve 18 them in terms of applying for citizenship or permanent 19 residency or other immigration benefits. 20 Q. Okay. 21 Is there anything about that job that would prevent 22 you from being a fair and impartial juror in this case? 23 A. I don't think so, no. 24 Q. One of the instructions that I give is that this case is 25 brought in the name of the United States but the fact that the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1094 45RSSAT1 1 government is a party to the case entitles the government to no 2 greater or lesser consideration than any other party to the 3 case. All parties are equal in this court of justice. Do you 4 understand that? 5 A. Yes, I do. 6 Q. And will you follow that instruction? 7 A. Yes, I will. 8 Q. And is there another instruction -- and another instruction 9 that I explain is that in a criminal case such as this the 10 burden of proof is on the prosecution to prove all of the 11 charges in the indictment beyond a reasonable doubt at trial. 12 Will you follow that instruction? 13 A. Yes. 14 Q. Is there anything about your job that would prevent you 15 from being a fair and impartial juror in this case? 16 A. No. Not that I am aware of. 17 Q. You mentioned that you access the Internet multiple times a 18 day. Do you use the Internet for news? 19 A. Yes. 20 Q. What sources of news do you use on the Internet? 21 A. Various search engines, Yahoo, New York Times dot com, just 22 various newspapers, Sports Illustrated, just general news, 23 sports news, that sort of thing. 24 Q. Okay. 25 You mentioned that you have some familiarity with laws SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1095 45RSSAT1 1 and that you have taken classes on immigration law. 2 A. Correct. 3 Q. Where did you take classes on immigration law? 4 A. Currently where I work right now in the city, and as well 5 as the Federal Law Enforcement Training Center in Georgia. 6 Q. Okay. 7 Now, if you were chosen as a juror in this case, you 8 would be required to follow my instructions on the law. Even 9 if you were to disagree with them, even if you thought that 10 there was something in one of the classes or something you had 11 heard or read anywhere that differed from my instructions, it's 12 the basic principle that you are required to follow my 13 instructions on the law. 14 Will you do that? 15 A. Yes. 16 Q. You told us that you are not very knowledgeable about 17 Islam, but you took some courses on world religion at college. 18 Can you tell us what books you used, if you recall? 19 A. It was years ago. It was a general world religion course 20 and they went over a little bit of Islam and some Middle East 21 practices and to that effect, but it was just really vague and 22 it didn't really get too far into detail. I mean, it was 23 almost fleeting, like a fleeting emphasis on Islam. It was 24 really vague and limited. 25 Q. Okay. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1096 45RSSAT1 1 Is there anything in particular that you recall 2 learning about Islam? 3 A. You know, I think an emphasis on peacefulness partially. 4 It's kind of hard to recollect. It has been quite a bit of 5 time ago. 6 Q. Okay. 7 Do you have any biases or prejudices against persons 8 of Middle Eastern descent or people of the Islamic faith? 9 A. No. 10 Q. You said that after 9/11 you believed that to some extent 11 there may be some bias against people of Middle Eastern descent 12 or people of the Islamic faith. What did you mean by that? 13 A. You just hear sometimes people talking, you know, just 14 overhear a conversation or someone being a little skeptical of 15 a particular person, just in passing hearing comments. You 16 know, you just hear it, people saying things and preconceived 17 opinions, being a little I guess judgmental, preconceived 18 judgments. 19 Q. Do you have any preconceived judgments about any of the 20 parties or charges in this case? 21 A. None. 22 Q. If you were chosen as a juror in this case would you decide 23 this case based solely upon the evidence or lack of evidence in 24 this case and my instructions on the law? 25 A. Yes. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1097 45RSSAT1 1 Q. You mentioned that you went to the FBI building in lower 2 Manhattan for an interview. What was the nature of that 3 interview? 4 A. It was for the State Department for a foreign consular 5 special agent position so you had to go down there for an 6 interview before a panel of agents. 7 Q. Okay. 8 And did you get that job? 9 A. I was placed on a list of eligibles but it never came up. 10 Q. Are you currently applying for that job? 11 A. No, no. 12 Q. How long ago was that? 13 A. Let me see, it was I think like '98 or '99, sometime. 14 Q. You mentioned that you work in a building with the 15 immigration court but you have never actually entered it. In 16 the course of your duties at your job, do you have contact with 17 people from the Middle East? 18 A. I don't really know if they are from the Middle East but I 19 see people coming into the court when I am downstairs hanging 20 out in the front but I don't know their descent. 21 Q. Do you talk to people over the phone or do you talk to 22 people in person in your job? 23 A. Mainly over the phone. 24 Q. Okay. 25 If you were chosen as a juror in this case, you would SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1098 45RSSAT1 1 be required to decide this case based solely upon the evidence 2 or lack of evidence and in accordance with my instructions on 3 the law. 4 Will you do that? 5 A. Yes. 6 Q. As you can tell from all of these questions, the 7 fundamental issue is whether there is anything in your personal 8 history or life experience that would prevent you from acting 9 as a fair and impartial juror in this case. So let me ask you 10 one final time whether there is anything, whether I have asked 11 you about it specifically or not, that would prevent you from 12 being a fair and impartial juror in this case? 13 A. No. 14 Q. Okay. Could you step out for a few moments. 15 (Juror absent) 16 MR. DEMBER: Your Honor, we requested, and I think you 17 may have omitted this unintentionally, to question 62, which 18 the question regarding the recording of conversations between 19 attorney and client. 20 THE COURT: You are right. 21 MR. DEMBER: I would suggest questions about that 22 please. 23 THE COURT: I dropped my note. Thank you. 24 MR. TIGAR: Your Honor, without suggesting specific 25 questions I will tell the court our concern. He applied for a SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1099 45RSSAT1 1 job as a consular special agent. I am not sure what that is. 2 It sounds like what used to be called the Laged Act. These 3 were bureau agents who were sworn agents who operated out of 4 consular offices and didn't surface their FBI connection 5 necessarily but they were there and a part of it. If he was 6 looking for a job as a sworn agent of the FBI and as has not 7 yet heard back and is still on the list, that would be relevant 8 to us. 9 THE COURT: Okay. I am fairly sure he assured me that 10 that is not open and I will ask him what it is and if he is 11 still applying for that position. 12 MR. TIGAR: And then he did say he was at a law 13 enforcement training center in Georgia. The question would be 14 did he study any law enforcement techniques. It doesn't sound 15 from his job description as though he is engaged in something 16 that could be described as law enforcement but the nature of 17 that curriculum might yield something that would be helpful to 18 us to know. 19 THE COURT: All right. 20 If none of these questions appear to develop anything 21 I intend to ask the juror to call in on June 18th. 22 MR. TIGAR: Because of his employment with the 23 Department of Homeland Security, and given the nature of the 24 allegations in this case, your Honor, we would in any case, and 25 regardless of his answers to the follow-up questions, challenge SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1100 45RSSAT1 1 on the basis of implied bias. 2 THE COURT: Well, the government? 3 MR. DEMBER: We would oppose that, your Honor. From 4 the the description of his position it wouldn't apply. 5 THE COURT: That is correct. I will ask the 6 additional questions but I will also ask him to step out before 7 I make the final ruling. 8 Okay, ask the juror to come back. 9 (Juror present) 10 BY THE COURT: 11 Q. Hi. 12 Juror 238, I had a couple of other questions. 13 In responding to one question on the questionnaire, I 14 had asked you a question that dealt with the subject that there 15 may be -- some of the evidence in this case may include 16 recorded conversations between attorneys and their clients and 17 you were asked if there was anything that would prevent you 18 from being a fair and impartial juror based on that and you 19 said yes, it all depends on the surrounding context and 20 circumstances. You would need to be more informed of the 21 situation. 22 Let me explain. 23 Any evidence that is admitted in court the court 24 passes on whether the evidence can be admitted in trial. It's 25 up to the court to determine whether as a matter of law any SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1101 45RSSAT1 1 evidence can be heard by the jury. The admissibility of 2 evidence, including all issues of privilege, are for the court 3 to decide. These are matters of law. It's up to the jury to 4 listen to the evidence, or lack of evidence, and all of the 5 evidence, and make their determination on the evidence or lack 6 of evidence and ask themselves, as the finder of fact, not as 7 the the decider of law but as the finder of fact, whether the 8 government has proven the charges in the indictment beyond a 9 reasonable doubt. 10 So whether jurors like or don't like any particular 11 kind of evidence or have any ideas in their mind about whether 12 something should or should not be privileged is not the issue. 13 It's for the jury to consider the evidence that is admitted at 14 trial and decide based upon that evidence or lack of evidence 15 whether the charges in the indictment are proven beyond a 16 reasonable doubt at trial. 17 And would you follow those instructions? 18 A. Yes. 19 Q. So is there anything about the fact that some of the 20 evidence in the case may include conversations between 21 attorneys and their clients, is there anything about that that 22 would prevent you from listening to all of the evidence and 23 deciding this case based solely upon the evidence or lack of 24 evidence and my instructions on the law? 25 A. No, there isn't. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1102 45RSSAT1 1 Q. All right. 2 You mentioned that you had applied years ago for a 3 consular special agent position. What is a consular special 4 agent position? 5 A. It's where you work at consulates and embassies and you 6 just do investigations at those consulates and embassies. It's 7 a matter of just -- it's almost like the FBI outside the United 8 States, so you are the person doing investigations, background 9 checks on people possibly coming into the U.S. You know, you 10 are basically providing investigations outside the U.S. 11 Q. All right. 12 A. That kind of thing. 13 Q. And would you be employed by the FBI or by the State 14 Department? 15 A. The State Department. 16 Q. Okay. 17 And are you still applying for that position? 18 A. No. 19 Q. Can you tell me at the FBI or I believe it's the FBI center 20 in Georgia that you attended? 21 A. That is the Federal Law Enforcement Training Center, FLETC 22 for short. 23 Q. I am sorry? 24 A. It's called FLETC for short, the Federal Law Enforcement 25 Training Center. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1103 45RSSAT1 1 Q. What did you study there? 2 A. Just immigration law, naturalization law, just different 3 types of immigration law basically. 4 Q. Did you study law enforcement techniques? 5 A. No. 6 Q. Okay. 7 Let me just ask you again, and I know that this is 8 repetitious, as you can tell from all of my questions the 9 fundamental issue is whether there is anything in your personal 10 history or life experience that would prevent you from being a 11 fair and impartial juror in this case, so let me ask you one 12 final time whether there is anything, whether I have asked you 13 about it specifically or not, that would prevent you from being 14 a fair and impartial juror in this case? 15 A. No. 16 Q. If you were chosen as a juror in this case you would be 17 required to decide the case based solely on the evidence or 18 lack of evidence and in accordance with my instructions on the 19 law. Will you do that? 20 A. Yes. 21 Q. Could you step out for just a moment? 22 A. Can I leave my bag here? 23 Q. Sure. 24 (Juror absent) 25 MR. TIGAR: We renew the challenge for cause, your SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1104 45RSSAT1 1 Honor. The job that he wanted to have, his career goal, was to 2 work in this job and the job is to checkup on Americans that 3 are thought to be disloyal, to investigate alleged disloyalty 4 to the United States, the whole agenda. And I said that from 5 personal experience, your Honor, having practiced in France and 6 represented people in situations there and dealt with the 7 consular officers there and also in other countries in Europe. 8 That was his career goal and objective, your Honor, and it's 9 clear to us beyond just working for the government he 10 identifies with these law enforcement roles and therefore we 11 challenge for cause. 12 THE COURT: I am sorry, Mr. Ruhnke -- 13 MR. TIGAR: Mr. Ruhnke has stepped out. He has a 14 conference in front of Judge Lynch at 10:30. 15 THE COURT: Mr. Stern, that is okay? 16 MR. STERN: Yes. 17 THE COURT: Okay. 18 MR. TIGAR: I should also tell the court, he has an 19 oral argument in the Third Circuit this afternoon as well. 20 THE COURT: It's perfectly fine providing there are 21 two lawyers. 22 MR. STERN: It's fine with all of us. 23 THE COURT: Okay. It's just I looked up and didn't 24 see him and he hadn't told me that he would not be here and I 25 wanted to make sure I wasn't proceeding inadvertently in his SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1105 45RSSAT1 1 absence. 2 MR. STERN: You can be sure you are not. He means not 3 to be here and wants you to proceed. 4 THE COURT: All right, the government? 5 MR. DEMBER: Just in response to Mr. Tigar, your 6 Honor, the juror did not say it was his career goal to obtain 7 the position that he applied for and was on apparently a list 8 of eligible candidates but is no longer under consideration or 9 no longer apparently is interested in the job. He also didn't 10 indicate that his job was to investigate and determine the 11 loyalty of individuals. In fact, he indicated the nature of 12 that job, which he didn't get or which he is not in now and is 13 not being considered for anymore, was just to do background 14 checks on people would might be entering the United States. 15 There is no, in our view, legitimate challenge for cause in 16 with respect though this juror and we request that you deny the 17 challenge. 18 THE COURT: All right. The challenge for cause is 19 denied. There is no basis under any of the possible bases for 20 a challenge for cause to challenge this potential juror. There 21 is nothing about his current occupation which is so close to 22 this case or the fact that at one time he had applied for 23 another job which itself is not so close to this case. The 24 juror was totally credible. I carefully questioned him, 25 observed his demeanor. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1106 45RSSAT1 1 I am convinced from his answers that he will be a fair 2 and impartial juror and decide the case based solely on the 3 evidence or lack of evidence were truthful and credible. He 4 would be a fair and impartial juror. As always, I have also 5 considered, even beyond challenges for cause, which are 6 required, I even considered whether exercising some discretion 7 I should exercise discretion because based on anything the 8 juror has said there is some indication that he could not be 9 fair and impartial based upon anything he said. But I have 10 carefully listened and there is nothing that comes to my 11 attention in any of his answers that indicate to me in any way 12 that he will not be a fair and impartial juror and decide this 13 case based solely on the evident or lack of evidence. So the 14 challenge for cause is denied. 15 Call the juror back. 16 (Juror present) 17 BY THE COURT: 18 Q. Hi, Juror 238. 19 A. Hello. 20 Q. You are still in the jury selection process and that means 21 you will be asked to call back on June 18th and Mr. Fletcher 22 will give you a sheet of paper with the instructions on it. 23 Please remember to follow my continuing instructions. Please 24 don't talk about this case at all or anything to do with it. 25 Please remember not to look at or listen to anything to do with SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1107 45RSSAT1 1 the case. If you should see something just turn away. 2 Remember, as I will tell the jurors who are finally selected, 3 keep an open mind until you have heard all of the evidence, I 4 have instructed you on the law and you have gone to the jury 5 room to begin your deliberations. Fairness and justice to the 6 parties requires that you do that. 7 A. Okay. 8 Q. All right. Have a good day. 9 A. Thank you. 10 (Juror absent) 11 THE CLERK: 240. 12 (Juror present) 13 BY THE COURT: 14 Q. Hi. 15 A. Hello. 16 Q. Good morning, Juror 240. 17 Let me ask you some preliminary questions. Since you 18 were here last has anything changed concerning your ability to 19 serve as a juror in this case or has anything occurred to you 20 or have you seen or heard or read anything that may affect your 21 ability to be a fair and impartial juror in this case? 22 A. No. 23 Q. It now appears that the date that the final jury will be 24 selected in this case will be Monday, June 21st. So after 25 today you won't have to call back until June is 8th. Does that SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1108 45RSSAT1 1 present any serious hardship for you? 2 A. No. 3 Q. Since you were here last, have you seen to anyone about the 4 case or have you looked at or listened to anything about the 5 case? 6 A. No. 7 Q. Has anyone spoken to you about the case, and that includes 8 any conversations here at the courthouse or with any other 9 prospective jurors? 10 A. No. 11 Q. While you were waiting with the other prospective jurors, 12 did you or anyone you overheard discuss the case? 13 A. No. 14 Q. All right. 15 I had a few follow-up questions on the questionnaire. 16 I know this is a personal question but bear with me for a 17 moment. 18 You indicated on the questionnaire that you are 70 19 years old. 20 A. Yes. 21 Q. And under our rules you would be given the right, if you 22 wished, to be excused or defer jury service. I am not 23 suggesting you do that. I appreciate your responsibility. I 24 just wanted to make sure that you were aware of that and that 25 you weren't asking to be excused or deferred. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1109 45RSSAT1 1 A. Yes, I know that. 2 Q. Okay. And you are not asking to be excused? 3 A. No. 4 Q. Good. 5 You mentioned that you are a widow. Can you tell me 6 what your husband did? 7 A. He owned his own business. 8 Q. I am sorry? 9 A. He owned his own business. He had his own business. It 10 was rebuilding used equipment, heavy equipment and selling them 11 all over the world. 12 Q. Okay. 13 And can you tell me what the post graduate degree that 14 he received was? 15 A. High school. 16 Q. I am sorry? 17 A. High school and 6 months of City College. 18 Q. That is you, right? 19 A. Yes. 20 Q. And what about your husband? 21 A. He was an engineer. 22 Q. Okay. 23 And so you indicated that he received a post graduate 24 degree? 25 A. Yes, but he got his in France, his education was in France. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1110 45RSSAT1 1 So I am not too clear on that. 2 Q. Okay. But it was some sort of an engineering degree? 3 A. Yes, he was an engineer, right. 4 Q. Okay. 5 And you mentioned that you had had some previous 6 experience as a juror. 7 A. Grand jury. 8 Q. Did you ever serve on a trial jury? 9 A. No. 10 Q. Okay. 11 Now, with respect to the grand jury, how many times 12 were you called to appear on a grand jury? 13 A. Three times, and I preferred that. 14 Q. I am sorry? 15 A. I preferred the grand jury. 16 Q. Okay. 17 A. Even though I never had experience with this sort of jury. 18 Q. When you were called, did you actually serve on a grand 19 jury? 20 A. Yes. 21 Q. How many times did you actually serve on the grand jury? 22 A. 3 to 4 times. I think it was 3. 23 Q. Okay. 24 On the questionnaire you thought it was 2 times. 25 A. No, I had to look up some information and I found out it SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1111 45RSSAT1 1 was 3 times. 2 Q. Okay. 3 Can you give me an idea about when you served on a 4 grand jury? 5 A. 5-1/2 years ago. 6 Q. That was the last time you served? 7 A. Yes. Because they said they wouldn't call us for 7 years 8 because I was on for about 2 months. 9 Q. Okay. 10 And was that in state or federal court? 11 A. That was in federal court. 12 Q. Federal. All right. 13 And before that when was the previous time you had 14 served? 15 A. Approximately 4 years. 16 Q. Before that? 17 A. Yes. 18 Q. And when you served on that grand jury was that in state or 19 federal court? 20 A. Federal. It was always federal. 21 Q. Okay. 22 And before that about how long was it? 23 A. Approximately the same thing, 4, 5 years. 24 Q. Okay. 25 You said the last time you served you served for two SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1112 45RSSAT1 1 months. 2 A. About, yes. 3 Q. And how about the other two times that you served? 4 A. They were pretty lengthy but I don't remember. I know it 5 was certainly more than 3 weeks, close to 5 weeks. 6 Q. Okay. 7 Now, let me explain. What a grand jury does is it 8 considers evidence and makes a determination about whether an 9 indictment should be returned, but at trial, such as this 10 trial, first of all, the standard of proof is very different. 11 So at trial, unlike before the grand jury, the standard of 12 proof is the government must prove the charges in the 13 indictment beyond a reasonable doubt at trial based upon the 14 evidence or lack of evidence. 15 Do you understand that? 16 A. Yes, I do very well. 17 Q. Okay. 18 And at trial the fact that there is an indictment is 19 irrelevant. The indictment is not evidence of anything. It's 20 just the way in which a case is initiated and the jury at trial 21 can give absolutely no weight to the indictment because the 22 indictment is not evidence of anything. 23 A. That is right. 24 Q. Do you understand that? 25 A. Yes, we understood that, yes. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1113 45RSSAT1 1 Q. And do you understand that now? 2 A. Yes, I do. 3 Q. And will you apply that rule of law? 4 A. Definitely. 5 Q. And if you were chosen as a juror in this case you would be 6 required to decide this case based solely on the evidence or 7 lack of evidence and in accordance with my instructions on the 8 law. Will you do that? 9 A. Yes. 10 Q. As you can tell from all of my prior questions, the 11 fundamental issue is whether there is anything in your personal 12 history or life experience that would prevent you from being a 13 fair and impartial juror, so let me ask you one final time 14 whether there is anything, whether I have asked you about about 15 it specifically or not, that would prevent you from being a 16 fair and impartial juror in this case? 17 A. Absolutely nothing. 18 Q. I am sorry? 19 A. Absolutely nothing. 20 Q. Okay. 21 Thank you. Could you step out just for a moment? 22 (Juror absent) 23 MR. STERN: Judge, one follow-up I would like to you 24 ask, she said she preferred to be on the grand jury at least 25 that what I heard you say. Is that what you said? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1114 45RSSAT1 1 THE COURT: I thought I heard that too. 2 MR. STERN: I would like you to ask her why she 3 prefers the grand jury to a jury. 4 THE COURT: All right. 5 If the answer to that doesn't produce anything, I will 6 tell the juror to return on June 18th, all right? 7 MR. STERN: Yes. 8 THE COURT: Okay. Let's call the juror back. 9 (Juror present) 10 BY THE COURT: 11 Q. Hi, Juror 240. Good to see you again. 12 A. Thank you. 13 Q. Let me ask you won follow-up question. I believe you told 14 us that you preferred the grand jury. 15 A. Yes. 16 Q. Why did you prefer the grand jury? 17 A. Well, there we indict the people and on this I have to 18 really be convinced a person is guilty before I would want to 19 see them get in prison. 20 Q. All right. 21 A. That is my struggle based on that. 22 Q. I have gone over with you the rules of law and as you say 23 the standard before the grand jury is different. 24 A. Yes. 25 Q. Here at trial the charges in the indictment must be proven SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1115 45RSSAT1 1 beyond a reasonable doubt based upon the evidence or lack of 2 evidence and my instructions on the law. So if you were chosen 3 to serve as a juror, would you carefully follow those 4 instructions and assess the evidence or lack of evidence and 5 make the determination fairly, impartially, based upon the 6 evidence or lack of evidence whether the charges in this case 7 were proven beyond a reasonable doubt? 8 Will you do that? 9 A. Yes. 10 Q. Is there anything that would prevent you from doing that? 11 A. No. 12 Q. All right, Juror 240, I am going to ask you to return. You 13 will have to call in on June 18th. Mr. Fletcher will give you 14 a slip of paper indicating where you should call on June 18th. 15 Please remember my continue be instructions. Please 16 don't talk about this case at all or anything to do with it. 17 Please remember not to look at, listen to anything to do with 18 the case. Please remember, as I will tell all of the jurors, 19 keep an open mind until you have heard all of the evidence, I 20 have instructed you on the law, and you have gone to the jury 21 room to begin your deliberations. Fairness and justice 22 requires that you do that. 23 All right? 24 A. Yes. Thank you. 25 (Juror absent) SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1116 45RSSAT1 1 THE CLERK: 241. 2 MR. TIGAR: Question 9 on 241, your Honor. 3 THE COURT: I was just going to say that there were no 4 further questions on 240, no challenges for cause. And as I 5 said, even if I don't say that this process is exactly that 6 unless I hear a challenge for cause. There are no challenges 7 for cause and no further questions. 8 Let me ask before we call in 241, what -- the 9 government? 10 MR. DEMBER: Your Honor, clearly in question 9 the 11 juror has identified his mother, not the most unusual last name 12 in the world. It's rather common. I don't know if this 13 distinguishes this juror from the other jurors we have excused 14 for identifying family members. In our questions obviously we 15 brought this to your Honor's attention so we are aware of that. 16 The only thought we have is that it's a common last name. This 17 is clearly an elderly woman. This juror, I believe, is -- 18 THE COURT: Yes, I appreciate that. 19 MR. DEMBER: That is the distinguishing factor here 20 but clearly she identified a relative. 21 THE COURT: The parties can correct me but I believe 22 that to be consistent it's a strike when it's someone who is 23 identified who lives in the same household with a full name, so 24 you could say here is a full name living in this household in 25 this area. That is unlike identifying someone else not living SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1117 45RSSAT1 1 in the household such as I know another juror or even the name 2 of a parent not living in the same household. And I think you 3 have been consistent with respect to identifying people in the 4 household. 5 MR. DEMBER: Absolutely, your Honor. Clearly that was 6 the only thing I thought distinguished this juror but it's not 7 that much of a distinction frankly. I agree. I assume the 8 defense is hoping to excuse the juror. 9 MR. TIGAR: We would consent to excusing the juror, 10 your Honor. We think it does fall within the rules that we 11 have set up here which sometimes we like how it comes out and 12 sometimes we don't, but it is the rule. 13 MR. DEMBER: And we join in that, your Honor. I just 14 brought to your attention that there was something 15 distinguishable about this particular juror. 16 THE COURT: I know. It's one reason why I didn't 17 begin the morning with including this juror. But you are all 18 right and I will excuse Juror 241. 19 Bring in 241. 20 (Juror present) 21 BY THE COURT: 22 Q. Hi. 23 Juror 241, I have gone over the questionnaire and I am 24 going to excuse you at this time so that your service is 25 complete. I very much appreciate your going through the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1118 45RSSAT1 1 process, completing the questionnaire, coming in. I realize 2 that these are burdens on you but I very much appreciate your 3 having participated in the process and by doing that you have 4 performed a public service and so I hope you appreciate that 5 and take satisfaction from that. 6 You can go home now and all the paperwork will be 7 taken care of by mail. 8 A. Thank you. 9 (Juror absent) 10 THE CLERK: 243. 11 (Juror present) 12 BY THE COURT: 13 Q. Good morning, Juror 243. 14 A. Good morning. 15 Q. It's good to see you. 16 Since you were here last has anything changed 17 concerning your ability to serve as a juror in this case or has 18 anything occurred to you or have you seen or heard anything 19 that may affect your ability to be a fair and impartial juror 20 in this case? 21 A. No. 22 Q. It now appears that the date that the final jury will be 23 chosen in this case will be Monday, June 21st. So after today 24 it's unlikely you will be called to come back before June 18th. 25 Does that present any serious hardship for you? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1119 45RSSAT1 1 A. No. 2 Q. Since you were here last have you spoken to anyone about 3 the case or have you looked at or listened to anything about 4 the case? 5 A. No. 6 Q. Has anyone spoken to you about the case, and that includes 7 any conversations here at the courthouse or with any other 8 prospective jurors? 9 A. No. 10 Q. While you were waiting with the other prospective jurors, 11 did you or anyone you overheard discuss the case? 12 A. No. 13 Q. You mentioned that serving on the jury would cause you 14 economic hardship but that it was not serious hardship. That 15 is fair? 16 A. Yes. 17 Q. Could you just explain to me what the economic hardship 18 would be? 19 A. I am a commission salesman so that would affect it. 20 Q. Okay. 21 But it would not be serious economic hardship? 22 A. No. 23 Q. I know this is a personal question but you left out your 24 age on the questionnaire. 25 A. I am 64. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1120 45RSSAT1 1 Q. Okay. Thank you. 2 You mentioned that your father was a businessman. Can 3 you tell me what your father did? 4 A. He owned an mirror factory. 5 Q. When did you leave the Air Force? 6 A. 1966 or 7, I am not exactly sure. 7 Q. Okay. 8 Is there anything about that that would prevent you 9 from being a fair and impartial juror in this case? 10 A. No. 11 Q. You mentioned that you had previously been on two juries, 12 is that right? 13 A. Correct. 14 Q. And the question wasn't very good about trying to 15 distinguish among cases, so let me just go over those with you. 16 You mentioned that you served in about 1985 and about 1982 -- 17 1992. 18 A. I believe that is right, yes. 19 Q. Taking the earliest case first, was that a civil or 20 criminal case? 21 A. It was criminal. 22 Q. And was it in federal or state court? 23 A. State. 24 Q. And what was the nature of the charge? 25 A. The charge was that a mother had thrown lye on a friend of SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1121 45RSSAT1 1 her daughter's. 2 Q. And did the jury reach a verdict in that case? 3 A. Yes. 4 Q. And the second case that was in the early 1990s, was that a 5 criminal or civil case? 6 A. Criminal. 7 Q. State or federal court? 8 A. State. 9 Q. And what was the nature of the charge in that case? 10 A. It was a robbery. 11 Q. And did the jury reach a verdict in that case? 12 A. Yes. 13 Q. Okay. 14 Is there anything about your jury service, your 15 reactions to the process, the deliberations, the participants 16 in any of those cases, anything about any of those cases that 17 would prevent you from being a fair and impartial juror in this 18 case? 19 A. No. 20 Q. You mentioned that you are a board member of the Rural and 21 Migrant Ministry. 22 Can you tell me what that is? 23 A. Yes, they work to protect immigrants from being exploited 24 by farmers or people that they work for, some of whom obviously 25 are illegal. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1122 45RSSAT1 1 Q. Is there anything about that that would prevent you from 2 being a fair and impartial juror in this case? 3 A. No. 4 Q. In responding to one question about law enforcement 5 personnel and whether you would be inclined to believe a 6 witness more or less because they were a law enforcement 7 officer, you said "yes, it seems evident that you would not 8 employ a liar." 9 Let me explain. 10 First of all, the law is that the jurors have to 11 assess the credibility of every witness and they have to listen 12 to the testimony and make a determination whether the witness' 13 testimony is truthful and accurate. A witness' testimony can 14 be wrong for lots of reasons, from differences in perception, 15 memory, and indeed going all the way to the point that some 16 witnesses it is possible might not be telling the truth. It's 17 up to the jury to make all of those credibility findings and I 18 give the jurors some guidance with respect to some of the 19 factors that they can consider in determining the credibility 20 of witnesses. But it is an important principle of law that 21 jurors can't look at a witness and based upon the witness' 22 profession, whether it be law enforcement officer or something 23 else, give that witness more credence than any other witness. 24 They have to listen to the testimony of the witness and assess 25 the credibility of that witness. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1123 45RSSAT1 1 No witness comes in with a leg up on their testimony 2 or on their credibility. 3 So do you understand that? 4 A. Yes, sir. 5 Q. And will you follow that rule? 6 A. Yes. 7 Q. Do you have any difficulty following that rule? 8 A. No, I don't, your Honor. Your Honor, I did not mean that 9 to be a flip answer. It's simply that -- 10 Q. Tell me what you meant by the answer? 11 A. What I meant by the answer was that in general I think that 12 a law enforcement officer would have less reason to lie than 13 perhaps a witness might, so if both of them said something was 14 diametrically opposed, everything else being equal, I think I 15 would tend to believe the law enforcement officer. 16 (Continued on next page) 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1124 45RLSAT2 1 BY THE COURT: 2 Q. It is possible that witnesses can have many motives, and I 3 give instructions on this also. Those motives can be based in 4 their career, in their interest, in their bias, and part of the 5 credibility determinations that a juror makes is to assess the 6 biases, prejudices, interests, motives, in witnesses 7 testifying, and simply because a person is a law enforcement 8 witness doesn't insulate that witness from all of the 9 considerations that the jurors have to assess with respect to 10 every witness. 11 Do you understand that? 12 A. Yes, your Honor. And I certainly understand that law 13 enforcement officers may also have prejudices. 14 Q. And may have interests in terms of the career or any other 15 considerations. And another instruction I give is it's 16 perfectly proper for defense counsel to challenge the 17 credibility of any law enforcement witness. Do you understand 18 that? 19 A. Certainly. 20 Q. And I've set out for you only some of the considerations 21 that go into assessing credibility, but what I want to 22 understand is whether having explained all of this, you would 23 fairly and impartially assess the credibility of a law 24 enforcement witness in the same way as you would the 25 credibility of any other witness, that you'd look at all of the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1125 45RLSAT2 1 elements of credibility and make an assessment of the 2 credibility of that witness in the same way as you would any 3 other witness, and that you would not give the witness any more 4 credibility solely because that witness was a law enforcement 5 witness? 6 A. Yes. 7 Q. Would you follow that instruction? 8 A. Yes. 9 Q. Do you have any question in your mind that you will follow 10 that instruction? 11 A. No. 12 Q. You mention that you were somewhat knowledgeable about 13 Islam, and that your knowledge comes from books. Can you tell 14 me what particular books you were thinking about? 15 A. I read a couple of books by Bernard Lewis. 16 Q. Okay. 17 A. I would not call my knowledge extensive, your Honor. 18 Q. All right. And could you just describe for me in general 19 what the nature of your knowledge is about Islam? 20 A. Mostly historical. History interests me. 21 Q. Okay. 22 A. I don't know a great deal about the religion. It would be 23 more historical. 24 Q. All right. Is there anything about what you've read or 25 heard about Islam that would prevent you from being a fair and SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1126 45RLSAT2 1 impartial juror in this case? 2 A. No. 3 Q. Do you have any biases or prejudices against any people of 4 Middle Eastern descent or any people of the Islamic faith? 5 A. No. 6 Q. You mention that you had read something about this case. 7 Can you tell me what you've read? 8 A. I believe I saw an article in the New York Times about it, 9 possibly a year, year and a half ago. 10 Q. And what do you recall about that article? 11 A. The only thing I really recall about it was a charge about 12 the lawyer. 13 Q. Okay. And what do you recall about that charge about the 14 lawyer? 15 A. I believe the article infers something to the effect that 16 the -- you know, I really don't remember. I remember there was 17 a charge against a lawyer. I'm not sure I remember exactly 18 what it was. 19 Q. Okay. Any case which has received some publicity, it is 20 possible that jurors have seen or read or heard something about 21 the case. And the issue is whether the jurors can put that 22 aside and decide the case based solely upon the evidence or 23 lack of evidence here in court. Is there anything that you saw 24 or read that would prevent you from being a fair and impartial 25 juror in this case and deciding this case based solely upon the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1127 45RLSAT2 1 evidence or lack of evidence in this case? 2 A. No. 3 Q. Following up on that, it's likely that the case will 4 receive ongoing media attention, and the Court wants to make 5 sure that this case is decided solely on the evidence in the 6 courtroom and not based on things that are said outside the 7 courtroom. So I will instruct the jurors that they must avoid 8 reading about the case in the newspapers, listening to any 9 radio or television reports or reading any Internet coverage or 10 discussion about the case; and I will also instruct the jurors 11 that they are to avoid discussing the case with friends or 12 family during the course of the trial. 13 Would you follow those instructions? 14 A. Yes. 15 Q. And would you have any difficulty in following those 16 instructions? 17 A. I think not listening to the news for a period of time 18 would be difficult, yes. But I would abide by your rule. 19 Q. Okay. And I should tell you that simply not listening to 20 the news is certainly one option, and probably the safest means 21 of proceeding. But I have no knowledge of how much publicity 22 the case would receive. And my normal instruction is that if 23 you should see or hear something about the case, simply turn 24 away. You certainly cannot deliberately go out and look at, 25 listen to, anything to do with the case or do any research in SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1128 45RLSAT2 1 connection with the case. All of that would be impermissible. 2 But if in the course of your regular life, something came up 3 and you inadvertently saw something, you would just turn away. 4 You will be in the best position if you're chosen as a juror in 5 this case to see and hear all of what is truly relevant to your 6 consideration. So anything you would see or hear in the paper 7 would be not relevant for you and would only be the smallest 8 glimpse and may not even be accurate. So that's why it's 9 important not to look at or listen to anything in the press. 10 So, will you follow that instruction? 11 A. Yes. 12 Q. All right. If you were chosen as a juror in this case, you 13 would be required to decide this case based solely on the 14 evidence or lack of evidence and in accordance with my 15 instructions on the law. Will you do that? 16 A. Yes. 17 Q. As you can tell from all of these questions, the 18 fundamental issue is whether there's anything in your personal 19 history or life experience that would prevent you from acting 20 as a fair and impartial juror in this case. So let me ask you 21 one final time whether there's anything, whether I've asked you 22 about it or not, that would prevent you from being a fair and 23 impartial juror in this case? 24 A. No. 25 Q. All right. Thank you, Sir. Could you step out for a SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1129 45RLSAT2 1 moment? 2 (Juror absent) 3 MR. TIGAR: We would request the Court ask the juror 4 what, if any, was his deceased wife's occupation, if she worked 5 outside the home. 6 Second, he said that he had read books by Bernard 7 Lewis on the Middle East. Mr. Lewis was endorsed by the 8 government as a potential witness in the Rahman trial, although 9 he was never called. The -- neither party has thus far said 10 they're thinking of calling an expert in the Middle East, and I 11 don't think it's going to happen, but I would ask the Court to 12 inquire of the government whether there's any chance that they 13 now know of that Mr. Lewis would be a witness in this case. 14 MR. DEMBER: Your Honor, we have no intention of 15 calling Mr. Lewis as a witness. 16 THE COURT: I'll ask the witness about his deceased 17 wife's occupation. And no further questions, no challenges for 18 cause? I'll ask him to come back, call back on June 18th. 19 (Juror present) 20 BY THE COURT: 21 Q. Hi, juror 243. Could you tell me what your wife's 22 occupation was? 23 A. She was studying for the ministry. 24 Q. Okay. Anything about that that would prevent you from 25 being fair and impartial as a juror in this case? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1130 45RLSAT2 1 A. No. 2 Q. Juror 243, you're still in the process of jury selection. 3 I'll ask you to call back on June the 18th. And Mr. Fletcher 4 will give you a slip with the number to call. I ask you to 5 please follow my continuing instructions: Please don't talk 6 about the case or anything to do with it. Please don't look at 7 or listen to anything to do with the case. If you should see 8 anything, just turn away. Remember, as I'll tell all of the 9 jurors, please keep an open mind until you've heard all of the 10 evidence, I've instructed you on the law, and you've gone to 11 the jury room to begin your deliberations. Fairness and 12 justice to the parties requires that you do that. 13 All right? 14 A. Yes, sir. 15 (Juror absent) 16 DEPUTY CLERK: 246. 17 U.S. MARSHAL: 246. 18 (Juror present) 19 BY THE COURT: 20 Q. Please, have a seat. 21 A. Thank you. 22 Q. Good morning, Juror 246. It's nice to see you. 23 A. Good morning. 24 Q. I had some preliminary questions. Since you were here 25 last, has anything changed concerning your ability to serve as SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1131 45RLSAT2 1 a juror in this case or has anything occurred to you or have 2 you seen or heard anything that may affect your ability to be a 3 fair and impartial juror in this case? 4 A. No. 5 Q. It now appears that the date that the final jury will be 6 chosen in this case will be Monday, June the 21st. So after 7 today, it's unlikely that -- in fact, you won't have to call 8 back until June the 18th. Is there anything about that that 9 would present any serious hardship for you? 10 A. No. 11 Q. Since you were here last, have you spoken to anyone about 12 the case or have you looked at or listened to anything about 13 the case? 14 A. I did read something in the paper. 15 Q. Okay. What did you read in the paper? 16 A. About the lawyer not being able to defend herself. 17 Q. Okay. That article appeared, I believe, before I called 18 you in and talked to you last time. It was something that 19 appeared before you came over into that other big courtroom and 20 filled out the questionnaire. Do you actually recall reading 21 an article about that after you were here last? 22 A. No -- actually, it was the day after, actually, I read it 23 in the Times. 24 Q. Okay. Is there anything else you recall about that 25 article? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1132 45RLSAT2 1 A. Nope, that was it. 2 Q. I had told you not to look at or listen to anything to do 3 with the case. If you saw something, just turn away. 4 A. Yeah. 5 Q. Did you -- when you saw the article, did you know that you 6 were reading something about this case? 7 A. No, not really. I was just reading online, the New York 8 Times. It was just a brief, a briefing. 9 Q. Okay. 10 A. There was no headline or anything. 11 Q. I'm sorry? 12 A. There was no headline or anything. I was just reading the 13 briefings. 14 Q. Just, what, news clips? 15 A. Yeah. 16 Q. Do you recall anything else about that clip? 17 A. Nope, that was it, that she couldn't be able to defend 18 herself. 19 Q. Okay. If you were chosen -- well, let me add something 20 else. Is there anything about what you saw in that clip that 21 would prevent you from being a fair and impartial juror in this 22 case and deciding the case based solely upon the evidence or 23 lack of evidence? 24 A. No. 25 Q. It happens that sometimes there is publicity, and if there SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1133 45RLSAT2 1 is, I tell jurors if they see something, even -- if they see 2 something inadvertently, they should just turn away. I realize 3 this was a small clip and you've described it to me. 4 Will you follow my instructions during the trial, that 5 you're not to look at or listen to anything to do with the 6 case, and if you should see something, you'll just turn away? 7 A. Yes. 8 Q. Is there anything about what you saw that would prevent you 9 from being a fair and impartial juror in the case? 10 A. No. 11 Q. It now appears that -- and I may have asked you this 12 before, so bear with me -- you won't have to call back until 13 June the 18th; we will start on June the 21st. Does that 14 present any serious hardship for you? 15 A. No. 16 Q. Since you were here last, have you spoken to anyone about 17 the case, and other than that one article, have you looked at 18 or listened to anything about the case? 19 A. Nope. 20 Q. Has anyone spoken to you about the case? 21 A. Nope. 22 Q. And that includes any conversations here at the courthouse 23 or with any other prospective jurors? 24 A. Uh-huh, yep. 25 Q. And while you were waiting with the other prospective SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1134 45RLSAT2 1 jurors, did you or anyone you overheard discuss the case? 2 A. No. 3 Q. You mentioned that you live with relatives. And could you 4 just tell me what each of your relatives does? You say you 5 live with your brother, your sister, your father and your 6 mother? 7 A. Yes. My brother is a physical therapist. My sister is a 8 student. And my mom and dad work in the hospital, maintenance. 9 My dad's a maintenance engineer, and my mom works in the 10 emergency room. 11 Q. Okay, thank you. You mention that you had a cousin who is 12 serving in the armed forces and that that person is in Iraq 13 now. Can you tell me, do you know what branch that person's 14 in? 15 A. I'm not sure, to be honest. 16 Q. Okay. Is there anything about that person's occupation 17 that would prevent you from being a fair and impartial juror in 18 this case? 19 A. No. 20 Q. Can you tell me, do you belong to -- and I'm not asking for 21 what religion you are, I'm just asking for any organizations 22 that you belong to, any organizations that you're active in or 23 that you do work with? 24 A. No. 25 Q. No civic, social, religious, charitable, volunteer, SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1135 45RLSAT2 1 professional or business organizations? 2 A. No. 3 Q. Okay. You mention that you rely on the Internet mostly for 4 news? 5 A. Yes. 6 Q. And what sources on the Internet do you use for news? 7 A. The New York Times. And sometimes the Post. 8 Q. Sometimes the Post? 9 A. Correct. 10 Q. You mention that your sister sued someone as the result of 11 a car accident? 12 A. Yes. 13 Q. And what happened in that lawsuit? 14 A. I'm not sure. I wasn't involved in the case. So I'm not 15 sure. She never discussed it with me. 16 Q. I'm sorry? 17 A. She never discussed it with me. 18 Q. Okay. Do you know if the case is still ongoing? 19 A. I believe there was a settlement, but I'm not sure what the 20 amount was or anything. 21 Q. Okay. Did you get involved in the case at all, go to 22 court, deal with any of the other parties, lawyers, anything? 23 A. I did not. 24 Q. Is there anything about that case that would prevent you 25 from being a fair and impartial juror in this case? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1136 45RLSAT2 1 A. No. 2 Q. You mention that your uncle was convicted. Was he -- do 3 you know if that was in -- how long ago was that? 4 A. Two years ago. 5 Q. And what did -- what was the charge in that case? 6 A. I'm not sure about that. 7 Q. Okay. Do you know whether it was in federal or state 8 court? 9 A. I believe it was federal. 10 Q. And do you know what the sentence was? 11 A. He was a -- he went back to his own country, Italy. He was 12 deported. 13 Q. Where was he deported to? 14 A. Italy. 15 Q. When you were describing this, you said that justice will 16 always prevail. What did you mean by that? 17 A. Well, if you leave it up to the jurors, they'll -- 18 Q. I'm sorry? 19 A. I'm not -- I don't know. I don't have an answer for that. 20 Q. Okay. As you think back, did you have any views -- were 21 you aware of the trial -- was it a trial? Was it a plea? Do 22 you know? 23 A. Say that again? Sorry? 24 Q. When your uncle was convicted, was that conviction after a 25 jury trial? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1137 45RLSAT2 1 A. That I'm not sure. I don't think it was, though. 2 Q. Did you have any views as to whether your uncle was being 3 fairly or unfairly treated? 4 A. Well, he was told to do something, and then, in a way, when 5 he did it, they deported him. At first they said he wasn't 6 going to be deported. And then he did whatever they told him 7 to do, and then he was deported anyways. So... 8 Q. Do you recall what he was told to do or not to do? 9 A. No -- I'm not sure. I'm not really sure what they had told 10 him. But this is what I was told. 11 Q. Okay. Is there anything about that experience with your 12 uncle and any reactions that you have to that case, including 13 your reactions to the government or the process or the lawyer 14 or lawyers for your uncle, or anything about that process that 15 would prevent you from being a fair and impartial juror in this 16 case? 17 A. Maybe the lawyers part. As far as the -- like I said, the 18 lawyer had told him to plead a certain degree and he did, 19 saying that you won't be deported. He pleaded, and then he was 20 deported anyways. 21 Q. Okay. How do you think that would affect what you do as a 22 juror in this case, if at all? 23 A. Probably won't believe a word that someone's trying to say 24 to me, or is trying to say. 25 Q. Okay. Do you think you could put those thoughts aside in SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1138 45RLSAT2 1 deciding this case? 2 A. Possibly. 3 Q. But you have some questions in your mind? 4 A. Yeah. 5 Q. Okay. Could you step out for a moment? 6 A. Sure. Thank you. 7 (Juror absent) 8 THE COURT: I'm prepared to excuse the juror. 9 MR. DEMBER: Your Honor, I believe this juror should 10 be excused. 11 MR. TIGAR: The defense consents, your Honor. There 12 was a lot more ahead. 13 THE COURT: Oh, yes. Yes. 14 MR. TIGAR: I think if we get off at this exit, your 15 Honor, we'll be fine. 16 THE COURT: All right. All right. 17 (Juror present) 18 BY THE COURT: 19 Q. Hi. Please, sit. Juror 246, I'm going to excuse you. I 20 really appreciate the time that you've taken and your 21 participation in the process; The time to fill out the 22 questionnaire, to respond to all of the questions. And I want 23 you to appreciate that by doing this, you've performed a public 24 service. The system of justice can't exist without people such 25 as yourself who come in and participate in the process. So I SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1139 45RLSAT2 1 appreciate your participation, and you're excused and you can 2 go home, and all the paperwork will be taken care of by mail. 3 A. Thank you. 4 (Juror absent) 5 DEPUTY CLERK: 250. 6 U.S. MARSHAL: 250. 7 THE COURT: It's 11:30. Why don't we take a break, 10 8 minutes. 9 (Morning recess) 10 THE COURT: We're up to 250? 11 MR. DEMBER: Yes, your Honor. 12 (Juror present) 13 BY THE COURT: 14 Q. Hi. 15 A. Good morning. 16 Q. Good morning, Juror 250. It's nice to see you. Let me 17 just ask you some preliminary questions. Since you were here 18 last, has anything changed concerning your ability to serve 19 adds a juror in this case, or has anything occurred to you or 20 have you seen or heard anything that may affect your ability to 21 be a fair and impartial juror in this case? 22 A. No. 23 Q. It now appears that the date that the final jury will be 24 chosen in this case will be Monday, June 21st. So after today, 25 you will not have to call back until June the 18th. Does that SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1140 45RLSAT2 1 present any serious hardship for you? 2 A. No, not at this moment, no. 3 Q. Okay. Do you have any reason to believe that it would 4 be -- present any hardship for you? 5 A. Well, I do work in a hospital. I do ultrasound. And I'm 6 not sure if that might be a hardship on the department. 7 Q. Okay. Well, let me discuss hardship with you shortly. 8 Since you were here last, have you spoken to anyone about the 9 case or have you looked at or seen anything about the case? 10 A. No. 11 Q. Has anyone spoken with you about the case, and that 12 includes any conversations here at the courthouse or with any 13 of the prospective jurors? 14 A. No. 15 Q. While you were waiting with the prospective jurors, did you 16 or anyone you overheard discuss the case? 17 A. No. 18 Q. Now, you mention that you work at a hospital and that you 19 want to make sure that there's no problems for the hospital, 20 right? 21 A. Yes, correct. 22 Q. When you were -- and when you were -- when you filled out 23 the questionnaire, you indicated for us that you would not have 24 a serious hardship if chosen for this case. Right? 25 A. I feel it's my responsibility as a citizen to do that. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1141 45RLSAT2 1 Q. And I appreciate your saying that, and I explained that in 2 my preliminary instructions also. And if you were chosen as a 3 juror and even if you -- even if you're in the group of jurors 4 from whom the final jurors will be chosen, there's no guarantee 5 that you will be chosen, but if you were chosen and you served 6 on the jury for those four to six months that's projected, we 7 wouldn't sit on Fridays, and of course we don't sit on weekends 8 or in the evening. And the hospital would have to make 9 arrangements for assistance in the sense of the duties that you 10 would have performed, and the hospital should be able to do 11 that. The hospital's not going to give up care for patients 12 because one of their employees is on jury duty. Isn't that 13 right? 14 A. Yes, I agree. 15 Q. Okay. You mentioned that you had several degrees, 16 including a liberal arts degree and -- is that an AA in liberal 17 arts? 18 A. Yes. 19 Q. And what's the school you got that from? 20 A. Westchester Community College. 21 Q. Okay. And you had a BA in social science? 22 A. Yes, Mercy College. 23 Q. And an RADCS. What's that? 24 A. I'm a Registered Diagnostic Cardiac Stenographer. 25 Q. And where did you get that? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1142 45RLSAT2 1 A. That's actually an exam that you have to sit for. 2 Q. Okay. It's like an accreditation? 3 A. Yes. 4 Q. And could you just describe what your job duties are? 5 A. Basically, I do echocardiography. That's the ultrasound of 6 the heart. 7 Q. Okay. You mentioned that you had been a juror in a 8 criminal case in this court back in 1983, about? 9 A. Uh-huh. 10 Q. And the jury reached a verdict in that case; is that right? 11 A. That's correct. 12 Q. And is there anything about your participation in that 13 case, including your reactions to the parties, your 14 deliberations, the experience with the process, anything about 15 that case that would prevent you from being a fair and 16 impartial juror in this case? 17 A. No. 18 Q. You mention that you belong to two organizations, 19 NYECHO and ARDMS. Could you explain to me what those 20 organizations are? 21 A. It's for ultrasound. 22 Q. I'm sorry? 23 A. They're ultrasound organizations. 24 Q. You mention that you -- can you tell me what newspapers you 25 read? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1143 45RLSAT2 1 A. I don't read newspapers. I do read the Sunday paper, the 2 local paper, the Daily News, and, rarely, the Times. 3 Q. And what? 4 A. Rarely, the Times. 5 Q. Rarely, the Times. What local paper? 6 A. Journal News. 7 Q. All right. And do you read those papers on Sunday rather 8 than weekly? 9 A. Just on Sundays. 10 Q. Okay. 11 A. Occasionally sometimes at work maybe a paper will be around 12 and I'm not doing anything, I might look at it. But usually 13 not. 14 Q. Okay. 15 A. We're usually too busy. 16 Q. You mention that you rely mostly on the TV for news. Are 17 there any particular programs that you rely on? 18 A. No. Most of the time -- actually, I think most of the time 19 the news I hear in the morning before going to work, and 20 driving to work, sometimes I'll have the news on. 21 Q. Okay. What stations do you listen to for that? 22 A. WFAN. Sometimes CBS News in the morning. 23 Q. Okay. Do you or any family member or close friend ever 24 been employed by or sought employment with a corrections 25 agency? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1144 45RLSAT2 1 A. No. 2 Q. Have you ever traveled outside the United States? 3 A. Yes. 4 Q. Can you tell me where you traveled? 5 A. Europe. 6 Q. Okay. And how often? 7 A. Twice. Once it was a cruise, and once it was a land trip. 8 Q. And were those both sort of vacation, pleasure? 9 A. Yes. 10 Q. Anything about that that would prevent you from being a 11 fair and impartial juror in this case? 12 A. No. 13 Q. You mention that you were not very knowledgeable about 14 Islam. What source of knowledge do you have about Islam that's 15 the basis for your statement? 16 A. Basically, very little. I know some things, about the 17 Koran, but that's about it. 18 Q. Do you have any biases or prejudices against any people of 19 Middle Eastern descent or anyone of the Islamic faith? 20 A. No. 21 Q. Is there anything about the charges in this case as the 22 Court has described them to you in the preliminary introduction 23 that I gave across the street that would prevent you from being 24 a fair and impartial juror in this case? 25 A. No. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1145 45RLSAT2 1 Q. Do you know any of the other prospective jurors who have 2 been called in this case? 3 A. No. 4 Q. It is likely that this case will receive ongoing media 5 attention, and the Court wants to make sure that the case is 6 decided solely on the evidence in the courtroom and not based 7 upon things that are said outside the courtroom. And 8 accordingly, the Court will instruct the jurors that they must 9 avoid reading about the case in the newspapers, listening to 10 any radio or television reports or reading any Internet 11 coverage or discussions about the case, and the Court will also 12 instruct the jurors that they must avoid discussing the case 13 with friends or family during the course of the trial. 14 Will you follow those instructions? 15 A. Yes. 16 Q. And would you have any difficulty following those 17 instructions? 18 A. No. 19 Q. Okay. As you can -- one reason I ask those questions again 20 is because when I asked that on the questionnaire, you said 21 yes, but it was within a series of questions that you had been 22 answering yes, so I thought it was a mistake. 23 A. Oh. 24 Q. And it was a mistake? You will follow those instructions? 25 A. Yes. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1146 45RLSAT2 1 Q. Okay. If you were chosen as a juror in this case, you 2 would be required to decide this case based solely on the 3 evidence or lack of evidence in this case and in accordance 4 with my instructions on the law. Will you do that? 5 A. Yes. 6 Q. As you can tell from all of these questions, the 7 fundamental issue is whether there's anything in your personal 8 history or life experience that would prevent you from being a 9 fair and impartial juror in this case, so let me ask you one 10 final time whether there's anything, whether I've asked you 11 about it specifically or not, that would prevent you from being 12 a fair and impartial juror in this case? 13 A. No. 14 Q. Okay. Thank you. Could you step out for a minute? 15 (Juror absent) 16 THE COURT: All right? 17 MR. TIGAR: Your Honor, the juror did not answer part 18 of Question 19 about the nature of the employment of the -- of 19 her partner. And I would ask you to follow up on that. 20 THE COURT: Oh, all right. 21 MR. TIGAR: And then, I can't read all of what is 22 written at Question 13. Is that AA, computer science? I just 23 don't know what that degree is. 24 THE COURT: What? 25 MR. TIGAR: Question 13, your Honor. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1147 45RLSAT2 1 THE COURT: I went over that with her. It reads, AA, 2 liberal arts, then she explained that it was a degree from 3 Westchester Community College. 4 MR. TIGAR: I understand that. I was looking at 5 Question 13, not 12. 6 THE COURT: Oh. It says, computer science, and it 7 says a, computer science -- looks as though she started -- 8 MR. TIGAR: Could your Honor just ask if there's a 9 degree there? 10 THE COURT: Yes, sure. Then it goes to her partner. 11 MR. TIGAR: Yes. And then she says she has worked at 12 the hospital for 36 years, three months. That's Question 14. 13 Could your Honor ask her if she's had any other duties other 14 than echocardiography, because I think that echocardiography is 15 relatively new and there may have been other things she's done 16 in the past. 17 THE COURT: Okay, all right. Anything else? 18 MR. DEMBER: No, your Honor. 19 THE COURT: If these questions don't develop anything 20 else, I'll ask the juror to come back on June the 18th. No 21 challenges for cause. 22 (Juror present) 23 BY THE COURT: 24 Q. Hi. I need to pick up some follow-up questions. You had 25 indicated that your partner was a two-year college graduate. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1148 45RLSAT2 1 A. Yes. 2 Q. And can you tell me what degree? 3 A. Computer science. 4 Q. Okay. And from what institution was that? 5 A. Rockland County, Rockland College. 6 Q. Okay. And what does your partner do? 7 A. Systems programmer. 8 Q. I'm sorry? 9 A. Systems programmer. 10 Q. Okay. And what kind of an organization -- don't tell us 11 what the name of the company is, but what kind of an 12 organization does your partner do systems -- 13 A. She's a government employee. 14 Q. Okay. And what branch of the government? 15 A. It's Westchester County. 16 Q. Okay. Anything about that employment that would interfere 17 with your ability to be fair and impartial in this case? 18 A. No. 19 Q. You mention that you have worked at your current hospital 20 for 36 years. Did you ever have any other duties or 21 responsibilities other than echocardiography? 22 A. Yeah, I scanned halter monitors and stress testing, EKG's, 23 before that. And occasionally I still do that. 24 Q. Okay. Anything else? 25 A. No. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1149 45RLSAT2 1 Q. Okay. Juror 250, you're still in the jury selection 2 process. You'll call in on June the 18th, and Mr. Fletcher 3 will give you a slip of paper to call. And please remember my 4 continuing instructions: Please, don't talk about this case at 5 all or anything to do with it. Please remember, don't look at 6 or listen to anything to do with the case. If you should see 7 something, just turn away. Remember to keep an open mind until 8 you've heard all of the evidence, I've instructed you on the 9 law, you've gone to the jury room to begin your deliberations. 10 Fairness and justice requires that you do that. All right? 11 A. Uh-huh. 12 Q. Okay. Good to see you. 13 A. Thank you. 14 (Juror absent) 15 DEPUTY CLERK: 252. 16 (Juror present) 17 BY THE COURT: 18 Q. Good morning -- good afternoon, Juror 252. It's good to 19 see you. 20 Since you were here last, has anything changed 21 concerning your ability to serve as a juror in this case, or 22 has anything occurred to you or have you seen or heard or read 23 anything that may affect your ability to be a fair and 24 impartial juror in this case? 25 A. No. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1150 45RLSAT2 1 Q. It now appears that the date that the final jury will be 2 chosen will be Monday, June 21st. So you won't have to call 3 back after today until June the 18th. Does that present any 4 serious hardship for you? 5 A. No. 6 Q. Since you were here last, have you spoken to anyone about 7 the case or have you looked at or listened to anything about 8 the case? 9 A. No. 10 Q. Has anyone spoken to you about the case, and that includes 11 any conversations here at the courthouse or with any of the 12 other prospective jurors? 13 A. No. 14 Q. While you were waiting with the other prospective jurors, 15 did you or anyone you overheard discuss the case? 16 A. No. 17 Q. Let me follow up on a few of the questions on the 18 questionnaire. You indicated that you are an Internet network 19 security specialist. 20 A. Yes. 21 Q. Could you just explain for me in your own words what that 22 entails? I mean, what is it that you do? 23 A. Okay. 24 Q. And again, don't tell me anything that identifies 25 specifically the organization you're working for or anything SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1151 45RLSAT2 1 like that. But just tell me what your job duties are. 2 A. Basically, I monitor and support network devices. A 3 network device -- firewall. 4 Q. Can you speak into the microphone? 5 A. Sorry. I basically monitor and support network devices. 6 One of the network devices is called a firewall. This firewall 7 basically permits and denies traffic between the source and the 8 destination. When the user has problems it will open this and 9 try to troubleshoot where the problem is, see why they're being 10 denied, and possibly permit -- you know, should I permit them 11 or deny them to go through. Go through a review. Possibly 12 make changes. That's basically what Internet security is. 13 Q. Okay. Do you do that work for your organization or do you 14 do it for customers of the organization? 15 A. I work for an organization, but they are customers for the 16 organization as well. 17 Q. Right. So you do it for both? 18 A. Yes. 19 Q. Okay. And have you ever been accused of any wrongdoing on 20 the job? 21 A. No. 22 Q. And let me expand that. To your knowledge, has any member 23 of your family or close personal friend ever been accused of 24 wrongdoing on the job? 25 A. No. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1152 45RLSAT2 1 Q. Have you or any member of your family or any close personal 2 friend ever been in prison? 3 A. No. 4 Q. You mention that you had heard about Sheikh Abdel Rahman 5 from TV news. As best you can recall, tell me what you recall 6 hearing? 7 A. I recognize the name on the questionnaire because I had 8 heard the name on TV news, I think it was related to the '93 9 World Trade Center bombing. That's how I recognize the name. 10 Q. Do you recall anything else? 11 A. No. 12 Q. Is there anything about that that would prevent you from 13 being a fair and impartial juror in this case? 14 A. No. 15 Q. One of the instructions that I give is that anyone who's 16 called as a juror in this case has to put aside anything they 17 may have seen, heard or read about anything to do with the 18 case. What the law requires is not that someone not have seen 19 something in the past, but rather that there's nothing that the 20 jurors have seen, heard or read that will prevent them from 21 being fair and impartial in this case, listening to the 22 evidence and making a determination whether the charges in the 23 case have been proven at trial beyond a reasonable doubt based 24 upon the evidence or lack of evidence presented in court. 25 Will you do that? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1153 45RLSAT2 1 A. Yes, I understand it, yes. 2 Q. Is there anything you've seen, heard or read that would 3 prevent you from doing that? 4 A. No. 5 Q. If you were chosen as a juror in this case -- and I realize 6 some of this is repetitious, but it's very important -- you 7 would be required to decide the case based solely upon the 8 evidence or lack of evidence and in accordance with my 9 instructions on the law. Will you do that? 10 A. Yes. 11 Q. As you can tell, all of these questions, the fundamental 12 issue, is whether there's anything in your personal history or 13 life experience that would prevent you from being a fair and 14 impartial juror in this case. So let me ask you one final time 15 whether there's anything, whether I've asked you about it 16 specifically or not, that would prevent you from being a fair 17 and impartial juror in this case? 18 A. No. 19 Q. Okay. Could you step out for a moment, please? 20 (Juror absent) 21 THE COURT: All right. No questions? 22 MR. DEMBER: No. 23 MR. TIGAR: No questions. 24 THE COURT: No challenges? Let's bring back 25 Juror 252. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1154 45RLSAT2 1 (Juror present) 2 BY THE COURT: 3 Q. Juror 252, you're still involved in the jury selection 4 process. You will be asked to call back on June the 18th for 5 further information. Mr. Fletcher will give you the slip of 6 paper to remind you about the instructions to call in. Please 7 remember my continuing instructions. Please, don't talk about 8 this case or anything to do so with it. Please remember not to 9 look at or listen to or read anything to do with the case. If 10 you should see something, just turn away. See or hear 11 something, just turn away. 12 Remember, as I'll tell the jurors, keep an open mind 13 until you've heard all of the evidence, I've instructed you on 14 the law and you've gone to the jury room to begin your 15 deliberations. Fairness and justice requires that you do that. 16 All right? 17 A. Yes. 18 Q. Okay. Good to see you. 19 A. Thank you. 20 (Juror absent) 21 DEPUTY CLERK: 253. 22 (Juror present) 23 BY THE COURT: 24 Q. Good afternoon, Juror 253. It's nice to see you. Before I 25 go to the questions on the questionnaire, since you were here SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1155 45RLSAT2 1 last, has anything changed concerning your ability to serve as 2 a juror in this case or has anything occurred to you or have 3 you seen or heard anything that may affect your ability to be a 4 fair and impartial juror in this case? 5 A. No. 6 Q. It now appears that the date that the final jury will be 7 chosen will be Monday, June 21st. So after today you won't 8 have to call back until June the 18th. Does that present any 9 serious hardship for you? 10 A. No. 11 Q. Since you were here last, have you spoken to anyone about 12 this case or have you looked at or listened to anything about 13 the case? 14 A. No. 15 Q. Has anyone spoken to you about the case, and that includes 16 any conversations here in the courthouse or with any other 17 prospective jurors? 18 A. No. 19 Q. While you were waiting with the other prospective jurors, 20 did you or anyone you overheard discuss the case? 21 A. No. 22 Q. In describing on the questionnaire whether you had any 23 serious hardship you pointed out to us that you had a trip, and 24 that you would return on May 24th, and so that issue is 25 resolved? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1156 45RLSAT2 1 A. Yes, it is. 2 Q. Could you tell me what kind of law your former husband 3 practiced? 4 A. Civil, environmental. 5 Q. Civil and environmental? 6 A. Cases. 7 Q. Did he practice in a law firm -- don't tell us what firm it 8 was. 9 A. Yes, he did. 10 Q. Was it a big firm, medium-sized? 11 A. Medium size. 12 Q. Okay. You mention that you're now involved with government 13 health care. Do you actually work for a governmental 14 organization? 15 A. Yeah, I do. 16 Q. And is that an organization of federal, state, county? 17 A. State. 18 Q. It's a state organization that's involved in health care? 19 A. Yes. 20 Q. Is it involved in any law enforcement? 21 A. It can be, yes. 22 Q. Okay. Are you involved in any law enforcement activities 23 at the agency? 24 A. Not at the present time. 25 Q. Have you been in the past? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1157 45RLSAT2 1 A. I have in the past. 2 Q. Okay. What did you do in the past in connection with law 3 enforcement? 4 A. I testified on cases concerning nursing homes and nursing 5 home abuses. 6 Q. I'm sorry? 7 A. Nursing homes concerning nursing homes and nursing home 8 abuses. I've testified, actually, in federal court, state 9 court and local, administrative courts, in our department. 10 Q. Okay. And that was about nursing home abuses? 11 A. It could be nursing home abuses or violations of 12 regulations, federal and state regulations. 13 Q. Okay. And I know that you explained this later on in the 14 questionnaire. Did you testify as an expert witness? 15 A. I did, yes. 16 Q. Did you also testify as a fact witness or just as an 17 expert? 18 A. A fact witness also. 19 Q. And in the course of your testimony, you would be examined 20 and cross-examined? 21 A. Yes, I was. 22 Q. Is there anything about your experiences and reactions to 23 that process that would prevent you from being a fair and 24 impartial juror in this case? 25 A. No. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1158 45RLSAT2 1 Q. Is there anything about your employment by a state 2 organization that would prevent you from being a fair and 3 impartial juror in this case? 4 A. No. 5 Q. I tell jurors that the case is a criminal case. It's 6 brought in the name of the United States. But the government 7 is entitled to no greater or lesser consideration than any 8 other party in the case. All parties stand as equal in this 9 court of justice. Will you accept that proposition? 10 A. Yes. 11 Q. You mention that you had served once as a juror in a 12 criminal case in state court, and that you were the foreperson. 13 The case involved drugs, and the jury reached a verdict. 14 A. Yes, it did. 15 Q. About when was that? 16 A. Seven or eight years ago. 17 Q. Is there anything about that experience and with your 18 reactions to the process and the participants in the process, 19 anything about that experience that would prevent you from 20 being a fair and impartial juror in this case? 21 A. No. 22 Q. You mention that your cousin was connected with a federal 23 crime. 24 A. Yes. 25 Q. Can you describe that for me? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1159 45RLSAT2 1 A. As much as I know. It was an arrest by the -- as I 2 understand it, the FBI. It had to do -- my family owned a 3 business in -- food business in the South Bronx. And my cousin 4 just came out of federal prison. 5 Q. Okay. And did you attend his trial? 6 A. No. There was no trial, as far as I understand. But I 7 have no involvement. 8 Q. Okay. Did you -- do you know how long he was in prison? 9 A. Over two years. 10 Q. And did you visit him there? 11 A. No. 12 Q. Is there anything about that experience and your reaction 13 to the charges, to the prosecution, to the government, to the 14 lawyers, anything about that that would prevent you from being 15 a fair and impartial juror in this case? 16 A. No. 17 Q. You said that you're not sure if you or anyone close to you 18 belongs to an organization the purpose of which is to advance 19 people's civil liberties and civil rights. Then you listed the 20 National Association of Social Workers. I'm not sure if you're 21 a member or if someone close to you is a member? 22 A. No, I'm the member. 23 Q. You're a member. And when you said you're not sure, is it 24 because you don't know if that's what the organization does, 25 or -- SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1160 45RLSAT2 1 A. Well, because there's one section, when I pay my dues, that 2 asks for legal funds for -- additional funds for some kind of 3 civil liberties, and I was not sure what that was for. It was 4 never clearly described. So it could be that purpose that you 5 just mentioned. 6 Q. Okay. Do you contribute to that fund or -- 7 A. No, I don't. 8 Q. You were asked whether you or anyone close to you is a 9 member of an organization that takes positions on gun control 10 such as the NRA, and you said yes. Were you referring to you 11 or someone close to you? 12 A. In the past, both my husband and I were members of the NRA. 13 I am no longer a member. 14 Q. Okay. Is there anything about that that would prevent you 15 from being a fair and impartial juror in this case? 16 A. No. 17 Q. You mention that about 25 years ago, you were trained by 18 the New York State Police. Could you -- in evidence-gathering. 19 Could you just tell me what that entailed? 20 A. We were assigned to live in the barracks and the state 21 police gave us about a week of training on evidence-gathering, 22 including note-taking, interviewing witnesses, making 23 observations. Even, as I recall, how long we kept our notes 24 available. And I think it was very good training. 25 Q. Okay. Is there anything about that course 25 years ago SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1161 45RLSAT2 1 that would prevent you from being a fair and impartial juror in 2 this case? 3 A. No. 4 Q. You mention that your job requires you to investigate 5 health care issues. Could you just tell me what you -- 6 A. I'm sorry, could you -- 7 Q. You probably didn't hear me. I'm sorry. You were asked 8 whether you or anyone close to you has ever been employed in 9 any aspect of the legal field, and you said you're not sure, 10 your job requires that you investigate health care issues. And 11 just tell me what you meant by that. 12 A. I'm assigned to investigate clinics, everything from 13 prenatal care and whether they meet the state and federal 14 requirements. Sometimes I'm required to go to community-based 15 organizations and give them certain money to do health care 16 services. I do migrant health, native American health. And 17 they're all contracts that there are certain requirements 18 that -- in order to get -- be funded. 19 (Continued on next page) 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1162 45RSSAT3 1 Q. Okay. 2 Is there anything about any of those experiences that 3 would prevent you from being a fair and impartial juror in this 4 case? 5 A. No. 6 Q. Can you tell me when you went to Israel and Egypt? 7 A. Over ten years ago. They were separate trips. 8 Q. All right. And can you tell me why you went to Israel and 9 Egypt? 10 A. For Egypt my former husband was a member of an 11 international law group and there was a conference in Egypt and 12 he was a speaker, and Israel was as a tourist. 13 Q. All right. 14 Anything about any of those trips that would prevent 15 you from being a fair and impartial juror in this case? 16 A. No. 17 Q. You mentioned that you supervised interns from the Middle 18 East. 19 A. Yes. 20 Q. Iran, Pakistan, and is there anything about that that would 21 prevent you from being a fair and impartial juror in this case? 22 A. No. 23 Q. Have you or anyone close to you worked in the Middle East? 24 A. No. 25 Q. And you mentioned that you had a co-worker from Pakistan, SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1163 45RSSAT3 1 you had a friend from Israel. Anything about any of those 2 relations that would prevent you from being a fair and 3 impartial juror in this case? 4 A. No. 5 Q. You mentioned that you were somewhat knowledgeable about 6 Islam. Could you just tell me what you meant by that? 7 A. Well, I read several books, Karen Armstrong's book. I have 8 a copy of the Koran, and through my discussions with 9 colleagues, students, friends. 10 Q. Okay. I know this is sort of a general question but could 11 you just describe to me what the nature of your knowledge is 12 about Islam? 13 A. Well, I don't -- I think there are many aspects of it and 14 there are some rules in terms of the female students that I 15 had. 16 Q. In terms of what? 17 A. Some of the female students that I had in government and 18 some of their dietary restrictions, some of their prayer life, 19 which we at times accommodated. In terms of some of their 20 beliefs. But over all in terms of health care it was not an 21 issue. It was universal. 22 Q. Okay. 23 Is there anything about that knowledge that would 24 prevent you from being a fair and impartial juror in this case, 25 deciding this case based solely upon the evidence or lack of SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1164 45RSSAT3 1 evidence in this case? 2 A. No. 3 Q. As a result of any of the working relations or friendly 4 relations or anything you have seen, heard or read, do you have 5 any biases or prejudices against any people of Middle Eastern 6 descent or any people of the Islamic faith? 7 A. No. 8 Q. Tell me what you recall hearing or reading about Sheikh 9 Abdel Rahman. 10 A. I am not too sure I read anything. I don't really know 11 what the case was about. 12 Q. I am sorry? 13 A. I really don't know what the case was about. 14 Q. Okay. 15 You had mentioned on your form that you had heard that 16 he was in prison. 17 A. I don't recall it. 18 Q. Okay. 19 If you were chosen as a juror in this case, is there 20 anything about what you have seen, heard or read that would 21 prevent you from being a fair and impartial juror in this case? 22 A. No. 23 Q. You mentioned that you had a friend who was injured at the 24 World Trade Center. How close a friend? 25 A. A very good friend. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1165 45RSSAT3 1 Q. And let me explain to you that this case does not involve 2 9/11. The charges in this case don't involve 9/11. None of 3 the defendants are accused of having done anything in 4 connection with 9/11, so this case is simply not about 9/11. 5 Is there anything about your friend's situation that 6 would prevent you from being a fair and impartial juror in this 7 case? 8 A. No. 9 Q. One question asked if you knew or if you had read, seen or 10 heard anything about this case and you said that you weren't 11 sure. 12 A. I don't even remember actually what this case was all 13 about. I just have some vague recollection of your discussion 14 the day that we were here. 15 Q. Okay. 16 And I described the case in general for you and you 17 just weren't sure if you had seen something about the case 18 before. 19 A. Right. 20 Q. Is there anything in anything that you may have read that 21 would prevent you from being a fair and impartial juror in this 22 case? 23 A. No. 24 Q. You mentioned that you had visited the FBI building in 25 lower Manhattan. Can you tell me about when that was? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1166 45RSSAT3 1 A. About 15 years ago. 2 Q. 16 or 15? 3 A. 15 years ago. 4 Q. And what was the purpose of that? 5 A. They had asked me to come down to discuss health care 6 issues, about Medicare, Medicaid, which is federal. 7 Q. All right. 8 Anything about that that would prevent you from being 9 a fair and impartial juror in this case? 10 A. No. 11 Q. You mentioned that you know FBI agents who work at 26 12 Federal Plaza and that you have attended weddings, 13 anniversaries, birthdays. How many FBI agents do you know 14 there? 15 A. Three, but I am very close with one. 16 Q. Okay. 17 And do you know what your FBI friends do, what 18 divisions they are in, what the nature of their work is? 19 A. In the past my good friend was involved with something 20 about Russians. She speaks several languages. 21 Q. Okay. 22 Do you know what he does now? 23 A. She. 24 Q. She, I am sorry. 25 A. I get the sense that she is maybe involved with some of the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1167 45RSSAT3 1 terrorist stuff. She does not discuss it with me. 2 Q. All right. 3 Do you have any reason to believe that she has 4 anything to do with this case? 5 A. No. I don't know but, no. 6 Q. What about the other two friends? 7 A. I haven't seen them in over a year. 8 Q. And do you know what they do? 9 A. No, I don't. 10 Q. I listed or I gave you a list, a long list of names that 11 might come up in the course of the case. 12 Did you recognize any of your friends or acquaintances 13 on that list? 14 A. No. 15 Q. All right. 16 Is there anything about your friendship with those 17 people that would prevent you from being a fair and impartial 18 juror in this case? 19 A. No. 20 Q. If you were chosen as a juror in this case, you would be 21 required to decide this case based solely on the evidence or 22 lack of evidence and in accordance with my instructions on the 23 law. Will you do that? 24 A. Yes. 25 Q. As you can tell from all of these questions the fundamental SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1168 45RSSAT3 1 issue is whether there is anything in your personal history or 2 life experience that would prevent you from acting as a fair 3 and impartial juror in this case, so let me ask you one final 4 time whether there is anything, whether I have asked you about 5 it specifically or not, that would prevent you from being a 6 fair and impartial juror in this case? 7 A. No. 8 Q. Thank you. Can you step out for a moment? 9 (Juror absent) 10 MR. TIGAR: We would ask the court to follow-up and 11 ask the nature of the offense which the cousin was charged with 12 and whether there were any other family members that were 13 involved in that case. 14 THE COURT: Sure. 15 MR. TIGAR: My more serious concern, your Honor, is 16 with respect to her "very close, close friend" who is involved 17 in terrorism work with the Federal Bureau of Investigation. 18 It's true that there was a long list that the government 19 proffered but I don't know how complete that was. The 20 government intends to introduce in evidence as to searches that 21 took place at a number of locations with respect to those we 22 have already stipulated, for example, that one agent from each 23 search location will come and sponsor the evidence so we don't 24 have to call 5 or 6. But the names of those other agents may 25 very well come up in the discussion. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1169 45RSSAT3 1 A number of the agents whose names we have seen are 2 female agents. In addition to that, your Honor, the witness 3 attends, weddings, anniversaries, birthday parties, according 4 to question 115, with her very close friend and others. And 5 thus there is this prospect that she had socialized with people 6 who would be witnesses in the case. 7 We just don't have enough information at the defense 8 table to evaluate that situation. So we would ask, first, did 9 the government put on its list all of the agents that it can 10 reasonably expect would either testify or have their names 11 mentioned here in connection with the trial of this case and, 12 second, is there some way that we can find out, not for us to 13 know but for somebody to know, the name of the agent who is 14 this juror's very close friend so that the government can -- or 15 somebody can -- make an inquiry. The reason is, your Honor, 16 that we would hate to get to the middle of the government's 17 case and have the juror perk up and say, oh, I know you, I saw 18 you at so and so's party. 19 I am sorry I don't have a solution for that situation 20 except for what I am suggesting but that is our concern. 21 MR. DEMBER: Your Honor, I believe we have listed not 22 only the agents who we expect to all as witnesses but also 23 certainly the agents who assisted in the searches that Mr. 24 Tigar was referring to. Hopefully it will be complete. One 25 suggestion we have in terms of resolving this issue that Mr. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1170 45RSSAT3 1 Tigar has raised is simply asking the juror the name of her FBI 2 friend and then we would know for certain. 3 THE COURT: All right. I will ask her for her three 4 friends. The government can check and make a representation 5 with respect to those people. 6 MR. TIGAR: If the government consents to that and 7 it's in accordance with the rules that the court has 8 established about the questions we ask in a courtroom, that is 9 fine with us, your Honor. 10 THE COURT: I think that is reasonable. The fact that 11 people have come up with other acquaintances or names on the 12 list, that hasn't been a challenge for cause so it shouldn't be 13 a problem to simply check that out and if I have to call the 14 juror back for some further questions on that should the names 15 pop up I will just call the juror back. No problem with that. 16 I will just ask her the three -- 17 MR. DEMBER: No problem, your Honor. 18 MR. STERN: I would like, if you would, if you would 19 ask her a specific or a variation on question 66. I know you 20 went around this but question 66 is the one that asks about law 21 enforcement personnel who are not entitled to greater or lesser 22 belief. If you would ask her that question, but certainly the 23 FBI specifically instead of law enforcement personnel. 24 THE COURT: All right. What I will do is I will ask 25 these questions and I will also tell her please of course do SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1171 45RSSAT3 1 not talk with any of your friends or acquaintances about the 2 case. Unless the questions come up with something, I will ask 3 the juror to return on June 18th. No further questions, no 4 challenges. 5 And I will ask the government to follow up on those 6 names solely to determine if those are prospective witnesses in 7 the case. 8 MR. TIGAR: May we broaden that to include persons 9 whose names might or would almost certainly be mentioned? 10 Because we stipulated out at least 5 agents from every search, 11 your Honor, but it's clear that through the hearsay that we are 12 going to permit to come in those names may come out. 13 THE COURT: Sure. 14 (Juror present) 15 BY THE COURT: 16 Q. Hi. 17 Juror 253, I had just a few follow-up questions. 18 Could you tell me, if you know, what the charge was 19 against your cousin? 20 A. It had something to do with price fixing or kickbacks and 21 it was a federal charge obviously. 22 Q. Anything about that case that would prevent you from being 23 a fair and impartial juror in this case? 24 A. No. 25 Q. We have talked some about your friends who are in the FBI. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1172 45RSSAT3 1 It is entirely possible that FBI personnel may be called to 2 testify at trial. Now, if that happens you would have to 3 listen to the testimony of each of those witnesses and assess 4 their credibility in the same way that you do the credibility 5 of any other witness. No witness is entitled to any greater or 6 lesser credibility because of their occupation, and that 7 includes people who are employed by the FBI. 8 Will you follow that instruction? 9 A. Yes. 10 Q. And do you have any difficulty following that instruction? 11 A. No. 12 Q. Could you give us the name of your close friend and the 13 name of other two friends? 14 A. I can't remember the other two because I haven't seen them 15 in a while. But my very good friend is Jane Hemenway Sullivan. 16 I think she does not use Sullivan, it's Hemenway. 17 Q. Okay. 18 And you don't recall the names of the others? 19 A. No, not off the bat. I have been at social functions with 20 them though. 21 Q. Recently? 22 A. Within the last year or two. They have also been to my 23 apartment. 24 Q. But you just don't -- 25 A. I am just blanking out on it. I can follow up if you need SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1173 45RSSAT3 1 it. 2 Q. No. 3 A. Boulay is one, but I am not sure how to spell it, Joseph 4 Boulay, and the other one I am just blank. I can see him but I 5 can't think of his name. 6 Q. Okay. 7 Do you understand, I don't have any understanding that 8 any of these people might be involved in the case, testify, 9 their names come up at all. If someone were to-such as any of 10 these people -- were to testify, would you assess their 11 credibility when they testify in the same way as the testimony 12 of any other witness? 13 A. Yes. 14 Q. And will you do that? 15 A. Yes. 16 Q. All right. 17 Could you step out just for one more moment? 18 (Juror absent) 19 THE COURT: The only reason that I asked the juror to 20 step out is I don't see another way of pursuing further with 21 her the name of a person who she doesn't even recall and unless 22 the parties have any other advice for me we will check out her 23 close friend and the other person. 24 MR. DEMBER: I get the feeling maybe she wrote it down 25 somewhere and she has is perhaps at home. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1174 45RSSAT3 1 THE COURT: If you want I will have her contact Mr. 2 Grate and provide the additional name. 3 MR. DEMBER: That is my suggestion, your Honor. 4 MR. TIGAR: We were going to say the same thing. 5 THE COURT: That is fine. I will tell the juror to 6 come back on June 18 or call in on June 18. No challenges, no 7 other questions. 8 All right. 9 (Juror present) 10 BY THE COURT: 11 Q. Juror 253, you are still in the jury selection process. I 12 will ask you to call in on June 18th. Mr. Fletcher will give 13 you a slip of paper indicating who you should call. 14 Now, there is one other thing that I would like you to 15 follow up for us, and that is the name of the other friend. I 16 really don't want you to do any research or go into any other 17 extensive records or anything like that, but do you have 18 something that might refresh your recollection as to that 19 person? 20 A. Probably my phone book, as simple as that. 21 Q. Okay. 22 Just determine the person's name and please inform Mr. 23 Grate, the jury administrator, of that person's name. You can 24 send him a fax or a letter indicating that person's name. That 25 is all I want you to do. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1175 45RSSAT3 1 I want to emphasize that you shouldn't talk to any of 2 these people at all and it's important that you not discuss the 3 case or anything to do with it and so that is why I don't want 4 you talking to these people about anything to do with the case. 5 Do you understand? 6 A. If I am invited to a birthday party with my female friend, 7 is that -- 8 Q. You are not required to cutoff any contact. What you are 9 required to do is not talk about this case or anything to do 10 with it or the fact that you have given that person's name or 11 anything like that. You have to leave that completely to us. 12 You can't talk about this case or anything to do with it. 13 Do you understand that? 14 A. Yes. I do. 15 Q. So you are going to look for the remaining person's name 16 and provide that. And you are not going to talk about this 17 case or anything to do with it, right? 18 A. Yes. 19 Q. And you also have to follow the continuing rule not to look 20 at or listen to anything to do with the case. If you should 21 see something just turn away, all right? 22 A. Yes. 23 Q. And always remember to keep an open mind until you have 24 heard all of the evidence, I have instructed you on the law, 25 and you have gone to the jury room to begin your deliberations. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1176 45RSSAT3 1 Fairness and justice requires that you do that. All right? 2 A. Yes, sir. 3 Q. Okay. Get back to Mr. Grate as soon as you reasonably can 4 and we will call in again then on June 18. 5 A. Thank you. 6 (Juror absent) 7 THE CLERK: 254. 8 (Juror present) 9 BY THE COURT: 10 Q. Please have a seat, the first chair. 11 Good afternoon. 12 A. Good afternoon. 13 Q. Juror 254, before I ask you the questions on the follow-up 14 questions, I had some preliminary questions. 15 Since you were here last has anything changed 16 concerning your ability to serve as a juror in this case or has 17 anything occurred to you or have you seen or heard or read 18 anything that may affect your ability to be a fair and 19 impartial juror in this case? 20 A. No, it has not. 21 Q. It now appears that the date that the final jury will be 22 chosen in this case will be Monday, June 21st. So after today 23 it's unlikely that you will be called to come back before June 24 is 8th. Does that present any serious hardship for you? 25 A. No. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1177 45RSSAT3 1 Q. Since you were here last have you spoken to anyone about 2 this case or have you looked at or listened to anything about 3 the case? 4 A. About a week and a half ago someone briefly just asked me 5 what case I was on. I refused to answer. They briefly 6 mentioned they said they heard about the case and then I 7 quickly told them I couldn't talk about anything and they 8 changed the subject and went on to something else. 9 Q. Okay. 10 Was this someone at work? 11 A. Yes, it happened at work. 12 Q. How did the conversation come up? 13 A. They were just talking about people -- because I had gone 14 to jury duty and people had just broached the subject about it 15 and they were talking, we happened to be comparing, kind of 16 like what they had done in the past and someone had known that 17 I had just gone to jury duty and they were asking me what case 18 I was on. I told them I couldn't talk about it. And I guess 19 they happened to be guessing and at that point I told them I 20 couldn't talk anything about it. 21 Q. You did exactly right. 22 It's the same way with if you see something in the 23 media you just really have to turn away. If anyone should 24 attempt to talk to you about the case, just walk away. Just 25 stop it. You are right not to pursue it and not to talk about SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1178 45RSSAT3 1 the case. 2 Have you had any conversations here at the courthouse 3 or with any other prospective jurors or while you were waiting 4 with the other prospective jurors did you or anyone you 5 overheard discuss the case? 6 A. No, we just discussed the process, just in terms of the 7 interviews and in terms of some people commented about the 8 length of time waiting or the number of people being called but 9 no one said anything specific about the case. 10 Q. The length of time, anything else you heard about the case? 11 A. I think the only thing people -- I think what most people 12 were kind of curious about is they were saying 700 people being 13 called or they thought we were being called and some people 14 were just talking about how certain people were being called in 15 the morning and afternoon. I don't think anyone said anything 16 specific about the defendant or about saying that, oh, so and 17 so is innocent or guilty or anything. I think it was just more 18 about the process and some people got edgy and wanted to go 19 home. 20 Q. Anything else? 21 A. No. That is all I can think of. 22 Q. Okay. 23 Anything about any of that that would prevent you from 24 being a fair and impartial juror in this case? 25 A. No. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1179 45RSSAT3 1 Q. You mentioned that you are employed I believe full-time by 2 a private university? 3 A. Yes. 4 Q. Okay. 5 And you do information technology? 6 A. Yes. 7 Q. Could you describe for me a little more what that entails? 8 A. The employer or my function? 9 Q. What you do for your employer. 10 A. I actually work in an IT unit, basically support for a 11 department in the university. The department's main job is 12 helping students and alumni in the university find employment 13 or internships, full-time employment as well. My function in 14 the department is IT, or information technology, and my job is 15 to support both software and hardware, design data bases, 16 develop certain on line solutions for them, but specifically 17 for that department, that university. 18 Q. Okay. 19 Could you explain to me or tell me what your partner's 20 disability is? 21 A. Well, she recently had a stroke about 2 years ago. Luckily 22 she has gotten much better. She is tended by someone who 23 spends time with her in the morning and she is also assisted by 24 someone who comes in the afternoon who helps my son, take care 25 of my son. She is able to walk and take care of herself. The SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1180 45RSSAT3 1 only thing she is limited in is in cooking food or -- doing 2 certain things. Like she might need help getting dressed, but 3 a lot of it is attended to by the home attendant, home health 4 aides that come by every day. 5 Q. Okay. 6 And in terms of your care for your own son serving on 7 the jury would not be a hardship for you? 8 A. No, it would not. 9 Q. Okay. 10 And you are not seeking to be excused based on care 11 for your son? 12 A. No. 13 Q. You mention that you knew someone who had served overseas 14 in Iraq. Is there anything about that that would prevent from 15 you being a fair and impartial juror in this case? 16 A. No. I mean, I actually didn't know he was there until a 17 few months ago. I ran into his wife. I know -- I only know 18 what his wife told me and it was just that he is a military 19 police officer. What I was told, I believe it's the 101 over 20 in bag dad but that is all I know. I don't know where he is 21 stationed. I don't even know if anything pretty much else, all 22 that his wife told me. He was supposed to return about a few 23 months ago and he was one of many members that had their 24 service extended by the 90 days. But, no, it would not impact 25 on how I would judge the case. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1181 45RSSAT3 1 Q. And you mentioned that you had another friend who was going 2 to Iraq but that you had not seen that friend for about ten 3 years? 4 A. That is correct. Actually it's somebody I actually hadn't 5 seen in a long time. I found out through a friend of a friend 6 that he was actually going to be heading over there. He is in 7 the National Guard, National Reserve, and his unit had recently 8 been called up. They didn't tell me what his function would be 9 exactly what he would be doing, where he would be going. And I 10 haven't been in contact with him so I just found out through a 11 friend of a friend. 12 Q. Okay. 13 I appreciate your bringing it to my attention. Is 14 there anything about any of those relationships that would 15 prevent you from being a fair and impartial juror in this case? 16 A. No. 17 Q. You mentioned that you had assisted someone in an 18 administrative hearing last summer? 19 A. Yes. 20 Q. Are you a notary? 21 A. I used to be a notary. I let the license lapse about last 22 January. I was a notary. My role was to help just in terms of 23 helping them with administrative hearing. It was just in terms 24 of helping maintain services that they were having. It was 25 more health-related services. And it was I believe over in -- SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1182 45RSSAT3 1 I can't remember the exact court but it was an administrative 2 trial based in Brooklyn and it was over a period of about 4 to 3 5 months. It ended in summer and the decision was finally made 4 on the case a few months later. But my role was just to help 5 them, helping them represent them. I wasn't actually a 6 specific party in the case. 7 Q. What was the the administrative agency that was involved? 8 A. It was ACS, New York City ACS, and I am trying to remember 9 the other one -- it was another state agency in charge of 10 determining I can't recall the name, but they were in charge of 11 determining who gets certain home health aid services and other 12 additional services. 13 Q. Were these two different hearings that you assisted in? 14 A. Yes. 15 Q. Did you assist the same friend or different friend? 16 A. The same. 17 Q. Do you know how those administrative hearings came out? 18 A. They were in favor of them. 19 Q. They were both in favor of your friend? 20 A. Yes. 21 Q. Is there anything about your participation in those 22 proceedings that would prevent you from being a fair and 23 impartial juror in this case? 24 A. No. 25 Q. And is there anything about your reactions to the process SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1183 45RSSAT3 1 or any of the people who participated in that process, anything 2 about any of that that would prevent you from being a fair and 3 impartial juror in this case? 4 A. No. I mean I expect it to be a lengthy process. 5 Q. Okay. 6 You mentioned that your sister was the subject of 7 abuse sometime ago. Is that who you were referring to when you 8 said that there was someone in your family who was the victim 9 of a crime? 10 A. Yes. 11 Q. And were charges brought in connection with that? 12 A. I was much younger then. I don't remember if charges 13 were -- if there were charges or a formal hearing. What I know 14 of the case was that she was victim of domestic abuse by her 15 live-in boyfriend. No one was aware that it was happening 16 until after the fact and after the authorities were brought in 17 and then all I know is that something happened with the case 18 that she was relocated to another location outside of New York 19 City and since then she hasn't been in New York City. She is 20 much better now, her and her family. 21 Q. Okay. 22 Is there anything about that proceeding or your 23 reaction to it or any of the participants that would prevent 24 you from being a fair and impartial juror in this case? 25 A. No. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1184 45RSSAT3 1 Q. You explained that you have worked with people of Middle 2 Eastern descent. You had a co-worker from Pakistan and that 3 was about 2 years ago? 4 A. That is correct. We have some people who also work -- we 5 have people full-time and part-time. Our part-timers are what 6 we call student assistants. They are students who work for our 7 department on a part-time basis. Some are from India and we 8 have someone also who came from Guyana. But we have many 9 coming from the Middle East now. A lot of it just has to do 10 with the population of the university. It just has become much 11 more diverse over the past few years. 12 Q. Okay. 13 (Continued on next page) 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1185 45RLSAT4 1 BY THE COURT: 2 Q. Okay. Anything about those relationships that would 3 prevent you from being a fair and impartial juror in this case? 4 A. No. 5 Q. You mention that you were not very knowledgeable about 6 Islam. Can you tell me, to the extent that you do have 7 knowledge, what the source of that knowledge is, what the basis 8 of the knowledge is? 9 A. Well, some of it has to do with whatever I took a few years 10 ago from my religious class in college. Others, through just 11 communicating with people who were Muslim or stuff, you either 12 just kind of picked up from, you know, seeing historical 13 programs on TV, Learning Channel, History Channel. The 14 basics -- I guess I learned just kind of the basics in terms 15 of, you know, that they believe in, I guess a different god, 16 Allah. That they have certain similar principals. They 17 believe in the Koran, and that they also have similar religious 18 holidays. One example is Ramadan. I don't know exactly when 19 that is. It's a big religion, widespread, and that not 20 everyone who is a Muslim is considered what you would call 21 terrorist or evil. They have roots from Christianity. They 22 themselves even consider Jesus -- Christianity an important 23 figure within religion itself, but not the central. And that 24 it's a very old religion. 25 Q. All right. Now, do you have any biases or prejudices SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1186 45RLSAT4 1 against any people of Middle Eastern descent or anyone of the 2 Islamic religion? 3 A. No. As I said, I work with people of Middle Eastern 4 descent who are Muslim from various regions. I've had friends 5 in the past, haven't had contact with them in a while, who are 6 either Middle Eastern descent or of -- or Muslim. I wouldn't 7 say I would have any particular prejudices or biases towards 8 them, or their religion. 9 Q. You mention that you had heard or read something about the 10 defendants in this case. Could you tell me what it is that you 11 recall reading or seeing about the defendants in the case? 12 A. I really don't remember the names. What came out was more 13 what I've heard on the news very briefly or might have seen on 14 the Internet. I think it was mostly on the news. It was a 15 long time ago. 16 Basically what I heard was something about someone who 17 was accused of being a terrorist had a lawyer, and the lawyer 18 was accused of either passing information or telling something 19 to that person -- to the person -- I don't recall what it was 20 or -- I know that they said that they had the person under 21 surveillance or something, and that's how they found out. 22 Q. I'm sorry? 23 A. They found out somehow that the lawyer was passing 24 information. I don't know what it was they said that they gave 25 or told, and that supposedly that information -- that SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1187 45RLSAT4 1 supposedly the person, either the lawyer or someone with the 2 lawyer, said that the government was just upset that the -- 3 that this was being represented -- that she was representing 4 this person, he or she was representing the defendant at the 5 time. 6 I can't remember really the names of the people. I 7 just know that I think -- I don't remember if it's the truth -- 8 that the person who the lawyer was representing either had 9 something to do with the alleged terrorist acts or something to 10 do -- or that person knew or had some type of connection, and 11 then that lawyer happened to be working on that case. 12 That's all I know. 13 Q. Okay. You also mentioned that you had heard or read 14 something about Sheikh Abdel Rahman. Do you recall what you 15 saw or heard about Sheikh Abdel Rahman? 16 A. Just basically what I've heard on the TV. I would say the 17 radio broadcast, that he had some type of connection allegedly 18 with some type of terrorist act or terrorism, or terrorist 19 group, and that he was of Middle Eastern descent and that 20 somehow he had some type of connection with those groups or the 21 activities, and that supposedly he had some type of, I guess -- 22 I can't think of the right word. I guess direction or was an 23 authoritative figure in those groups or activities and times, 24 kind of directed all that. And I heard something about he was 25 blind. At some point, I heard he was in New York City or in SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1188 45RLSAT4 1 the state at some point. 2 Q. Anything else that you recall? 3 A. I think at some point I heard a few years ago that somebody 4 had or the government had tried to make a case against him. I 5 don't remember if they were successful or not. 6 Q. Okay. Anything else? 7 A. That's it. 8 Q. And you mention that, on the questionnaire, that you had 9 read, seen or heard something about this case. Could you just 10 tell me what you recall hearing? 11 A. I think just coming about -- that there was this issue 12 about the lawyer passing, supposedly, information. I didn't 13 know that they were going to start looking for -- for people. 14 I think the last thing I heard of it was that some charges had 15 been made against the lawyer a long time ago. That's all I can 16 remember about that. 17 Q. Okay. All right. Now, I've gone over with you what you 18 can recall seeing or hearing in the media about various issues. 19 Any case which has received some publicity, the jurors who come 20 to that case may have seen or heard or read something about 21 some matters in connection with the case. But, the press, as I 22 told you in my preliminary instructions, doesn't, despite what 23 they try to do, always get it right. So that what's published 24 may not be correct. And in any event, it's a fundamental 25 principal of law that the jurors who are called to sit in a SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1189 45RLSAT4 1 trial have to base their decision solely on the evidence or 2 lack of evidence and the Court's instructions on the law. They 3 can't take into account anything that they may have seen, heard 4 or read before. They have to put that aside and ask themselves 5 solely whether the charges in the indictment have been proven 6 beyond a reasonable doubt at trial, based on the evidence 7 that's submitted in the course of the trial. 8 Now, you've seen or heard or read various things. The 9 issue is whether you can put aside what you have seen, heard or 10 read, and decide the case based solely on the evidence or lack 11 of evidence that's received here in court. Can you do that? 12 A. Yes, I believe I can. 13 Q. You say that you believe you can. Do you have any doubts 14 about that? And I ask it that way because I don't know to what 15 degree you have been influenced by anything that you've seen, 16 heard or read. And you've told me your recollections about 17 impressions that you've received over time about various 18 subjects and, so, my question is: Would you be able to put 19 aside everything that you've seen, heard or read and decide the 20 case based solely on the evidence or lack of evidence received 21 in court? 22 A. Yes. 23 Q. Do you have any doubt about your ability to do that? 24 A. No. 25 Q. If you were chosen as a juror in the case, would you be SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1190 45RLSAT4 1 fair and impartial and decide the case based solely on the 2 evidence or lack of evidence and my instructions on the law? 3 A. Yes. 4 Q. You were asked whether you believe there's a law 5 enforcement bias for or against people of Middle Eastern 6 descent. And you said that you didn't know. What did you mean 7 by that? 8 A. Well, you hear a lot of stuff from the media. You hear 9 different stuff from different people, but I don't know anyone 10 personally who's been, you know, who's actually been stopped 11 anywhere or been stopped at the airports or profiled. I myself 12 have not experienced it. I'm not of Middle Eastern descent, so 13 I don't know. You hear a lot of things. To tell you the 14 truth, I don't know exactly what's -- I don't know enough to 15 say what's -- to separate what's actually law enforcement 16 practice versus -- if there's something actually being done 17 intentionally against a certain people, Since I'm not within 18 that circle. And since I don't -- that's not my job function. 19 Q. Okay. If you were chosen as a juror in this case, your 20 sole responsibility would be to act as the finder of fact in 21 this case and to determine whether the charges in the 22 indictment were proved beyond a reasonable doubt Based on the 23 evidence or lack of evidence in the case. It is not your 24 concern to ask why the charges in the case were brought or 25 anything like that. Do you understand that? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1191 45RLSAT4 1 A. Yes. 2 Q. And would you decide the case based solely on the evidence 3 or lack of evidence and my instructions on the law? 4 A. Yes. 5 Q. You mention that you had heard of Al-Jazeera. Do you know 6 watch or listen to Al-Jazeera? 7 A. No. Actually, I heard it through I guess the way a lot of 8 people heard it -- the first place was mentioned through CNN or 9 one of the other major networks when they would discuss how 10 certain information was disseminated or how they obtained 11 certain information about either something about the war or 12 something related to terrorist activities, that they thought 13 they'd gotten it from. I've never been too -- like to their 14 website. I've heard they have one, and I know they have a 15 station that's similar to -- they're like the CNN of the area. 16 But I don't actually watch it. What I've actually heard is 17 just through the -- whatever the news firms have actually 18 talked about them. 19 Q. Okay. If you were chosen as a juror in this case, you 20 would be required to decide this case based solely on the 21 evidence or lack of evidence and in accordance with my 22 instructions on the law. Will you do that? 23 A. Yes. 24 Q. As you can tell from all of these questions, the 25 fundamental issue is whether there's anything in your personal SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1192 45RLSAT4 1 history or life experience that would prevent you from being a 2 fair and impartial juror in this case. So let me ask you one 3 final time whether there's anything, whether I've asked you 4 about it specifically or not, that would prevent you from being 5 a fair and impartial juror in this case? 6 A. I could definitely be impartial. There isn't anything 7 that's keeping me from being as objective as I can. 8 Q. Will you be a fair and impartial juror in this case? 9 A. Yes. 10 Q. All right. Could you step out for a moment? 11 (Juror absent) 12 MR. TIGAR: No questions? No challenges? 13 MR. DEMBER: No questions, your Honor. 14 THE COURT: All right. No questions, no challenges. 15 Bring back Juror 254. 16 (Juror present) 17 BY THE COURT: 18 Q. All right. Juror 254. You're still in the jury selection 19 process. So I'll ask you to call in on June the 18th. 20 Mr. Fletcher will give you a slip of paper Just giving you the 21 instructions. It's very important that you continue to follow 22 my instructions. Remember, please, don't talk about this case 23 or anything to do with it. As you've done in the past, if 24 anyone asks you about jury service or anything like that, just 25 turn away. The judge has told you not to talk about it. And SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1193 45RLSAT4 1 that's a simple and direct answer. Remember not to look at, 2 listen to, read, anything to do with the case. If you should 3 see something, just turn away. Remember, as I'll tell all the 4 jurors who are selected, remember to keep an open mind until 5 you've heard all of the evidence, I've instructed you on the 6 law and you've gone to the jury room to begin your 7 deliberations. Fairness and justice to the parties requires 8 that you do that. All right? 9 A. Yes. 10 Q. Okay. Have a good day. 11 A. Thank you. 12 (Juror absent) 13 THE COURT: All right. We'll break for lunch. We 14 went a little longer, so please be back at 2:45. Have a good 15 lunch. 16 (Luncheon recess) 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1194 45RLSAT4 1 A F T E R N O O N S E S S I O N 2 (In open court) 3 THE COURT: Good afternoon, all. Please be seated. 4 All right, it appears that 167 is here. 256 is on the way. 5 258 is here. 259 is on the way. 262, 264, 266, 267 are here. 6 268 is on the way. 278 is here. So the first juror will be 7 Juror 167. 8 MR. BARKOW: Your Honor, I was just going to ask the 9 Court if the letter that we submitted last night could be 10 docketed in the case. I don't know if the Court is doing that 11 with all the letters. But we submitted a letter on the issue 12 of Abdel Rahman's conviction last night sometime between 6:00 13 and 8:00 p.m. We were just asking that it could be placed in 14 the court docket. 15 THE COURT: You're welcome to file it. 16 MR. BARKOW: The Clerk does not accept letters. 17 THE COURT: Okay. Yes. 18 MR. BARKOW: We submitted one by hand and one by fax 19 so as to perhaps facilitate that. 20 THE COURT: All right. 21 MR. BARKOW: Thank you. 22 THE COURT: I'll ask Mr. Fletcher to follow up on that 23 letter. 24 DEPUTY CLERK: I don't have it. 25 MR. BARKOW: I'll bring another copy. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1195 45RLSAT4 1 THE COURT: Okay, are the parties ready for Juror 167? 2 MR. DEMBER: Yes, your Honor. 3 THE COURT: Okay. Bring in Juror 167. 4 (Juror present) 5 BY THE COURT: 6 Q. Hi. 7 A. How are you doing? 8 Q. Good afternoon Juror 167. It's good to see you. Let me 9 ask you some preliminary questions. Since you were here last, 10 has anything changed concerning your ability to serve as a 11 juror in this case, or has anything occurred to you or you've 12 seen or heard or read anything that may affect your ability to 13 be a fair and impartial juror in this case? 14 A. Yes. 15 Q. And what's that? 16 A. Physically, I've been getting headaches. So I need to see 17 what's going on with my health. 18 Q. I'm sorry, could you keep your voice up? You've been 19 getting headaches. 20 A. Yes. And I need to check out what's going on with my 21 headaches. I haven't been feeling well. 22 Q. Haven't been feeling well. Do you have any doctor's 23 appointments scheduled? 24 A. Yes. 25 Q. When is that? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1196 45RLSAT4 1 A. On the -- hold on. On June 14th. 2 Q. June 14th? When did the headaches start? 3 A. I'd say about three to four weeks ago. 4 Q. Was that before you came in and filled out the 5 questionnaire? 6 A. No, before that. Before that. 7 Q. Before you filled out the questionnaire? 8 A. Yeah. 9 Q. On the questionnaire, you were asked if you had any 10 physical, medical or emotional problems that might make it 11 difficult for you to, or uncomfortable for you to serve as a 12 juror, and you told us no. 13 A. I thought it was just a headache. 14 Q. All right. And you just thought it was a headache, and 15 it's continued? 16 A. Yes. 17 Q. How often do you get these headaches? 18 A. Well, they're just coming every other day, and when I went 19 to the doctor, he said it was stress. 20 Q. I'm sorry? 21 A. It was coming every other day. It would come and go and 22 come and go, and when I went to the doctor, he said it was 23 stress. 24 Q. Have you been to the doctor since you filled out the 25 questionnaire? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1197 45RLSAT4 1 A. Yes. 2 Q. And the doctor told you that these were stress headaches? 3 A. Yes. 4 Q. Okay. Could you step out for a moment? 5 (Juror absent) 6 THE COURT: Parties, do you want me to pursue it 7 further? 8 MR. DEMBER: No, your Honor. 9 MR. TIGAR: No, your Honor. 10 THE COURT: All right. I'll excuse the juror for 11 cause. Call back 167. 12 (Juror present) 13 BY THE COURT: 14 Q. Juror 167, I'll excuse you. And you can go home now and 15 all of the paperwork will be taken care of by mail. And I 16 appreciate your filling out the questionnaire and participating 17 in the process. 18 A. Thank you. 19 Q. Okay. 20 (Juror absent) 21 DEPUTY CLERK: 258. 22 MR. STERN: Judge, 257, he or she is not coming down? 23 THE COURT: I don't know. It says excused on my list, 24 but I don't know if they've called Juror 257 or not. 25 (Juror present) SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1198 45RLSAT4 1 BY THE COURT: 2 Q. Good afternoon, Juror 258. Could you speak into the 3 microphone? 4 A. Yes. 5 Q. Okay. Good afternoon, Juror 258. It's nice to see you. 6 Since you were here last, has anything changed concerning your 7 ability to serve as a juror in this case or has anything 8 occurred to you or have you seen or heard or read anything that 9 may affect your ability to be a fair and impartial juror in 10 this case? 11 A. Well, I tell you the truth, in this particular situation I 12 think I would favor the prosecution. 13 Q. You know, people -- why do you say that, by the way? 14 A. Well, the way the circumstances is today, these people 15 here, they're out to protect our lives, and -- I tell you the 16 truth, it will be very, very hard for me to believe otherwise 17 than that they didn't do the right thing. I mean, that's my 18 point of view on the situation. So only be fair to the ones 19 that are accused of this particular thing that I would be off 20 this case. 21 Q. Could you put your views aside and be fair and impartial in 22 the case? 23 A. I tell you the truth, I don't think so. 24 Q. Okay. Can you step out for a moment? 25 A. Yes. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1199 45RLSAT4 1 (Juror absent) 2 THE COURT: Excuse the juror? 3 MR. DEMBER: No objection, your Honor. 4 MR. TIGAR: No objection, your Honor. 5 THE COURT: Okay. 6 (Juror present) 7 BY THE COURT: 8 Q. All right. Juror 258, I'll excuse you. I appreciate your 9 participating in the process. You can go home now and all of 10 your paperwork will be taken care of through the mail. 11 A. Okay. Thank you. 12 (Juror absent) 13 DEPUTY CLERK: 262. 14 (Juror present) 15 BY THE COURT: 16 Q. Good afternoon, Juror 262. 17 A. How you doing? 18 Q. It's good to see you. Let me ask you a few more questions 19 before following up on the questionnaire. Since you were here 20 last, has anything changed concerning your ability to serve as 21 a juror in this case, or has anything occurred to you or have 22 you seen or heard, read anything that may affect your ability 23 to be a fair and impartial juror in this case? 24 A. No. 25 Q. It now appears that the date that the final jury will be SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1200 45RLSAT4 1 chosen in this case will be Monday, June 21st. So after today 2 it's unlikely you will be called to come back before June the 3 18th. Does that present any serious hard ship for you? 4 A. No. 5 Q. Since you were here last, have you spoken to anyone about 6 this case or have you looked at or listened to anything about 7 the case? 8 A. No. 9 Q. Has anyone spoken to you about the case, and that includes 10 any conversations here at the courthouse or with any other 11 prospective jurors? 12 A. No. 13 Q. While you were waiting with the other prospective jurors, 14 did you or anyone you overheard discuss the case? 15 A. No. 16 Q. You said that you didn't know if the case would present a 17 serious hardship for you? 18 A. Yes. Moneywise. 19 Q. Right. 20 A. I'm raising up three kids with my wife, and I know I have a 21 job, but I didn't talk about my -- talk to my job about the 22 money situation, to see if they paid, if I'm on jury or not. 23 Q. Okay. And do you have any basis to know one way or another 24 if your employer would pay you while you were on jury duty? 25 A. I'm not sure. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1201 45RLSAT4 1 Q. Okay. Let me -- if your employer didn't pay, this case 2 would be a serious economic hardship? 3 A. Oh, yeah. 4 Q. Okay. Let me go over the other questions and then come 5 back to the issue of the serious hardship. You mentioned that 6 your wife was a cashier. Can you tell me what kind of store 7 your wife works -- don't tell me the particular store. 8 A. A supermarket. 9 Q. Okay. And can you tell me what your parents did? 10 A. My mother died when I was young, and I'm not sure. My 11 father was a -- he worked in a supermarket, too. 12 Q. You mention that your father was in combat. 13 A. Yes. 14 Q. Do you know what service he was in? 15 A. He was in the Army. 16 Q. And is there anything about that that would prevent you 17 from being a fair and impartial juror in this case? 18 A. No. 19 Q. Do you know what rank your father had? 20 A. No, I don't. He was a regular -- he didn't have rank. He 21 was a soldier, I think. 22 Q. And he was -- okay. You mentioned that someone in your 23 family brought criminal charges against someone? 24 A. My -- make a long story short, my stepmother had -- let's 25 see, my stepmother had auto protection, and my father went SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1202 45RLSAT4 1 against that. 2 Q. Was your father prosecuted for that? 3 A. He went to jail for a couple of days. But that was it. 4 Q. Is there -- and you mentioned that someone in your family 5 had been in jail. That's the -- 6 A. My father. 7 Q. Okay. Is there anything about that situation that would 8 prevent you from being a fair and impartial juror in this case? 9 A. No. 10 Q. You mention that one of your children's friend's father 11 died in 9/11. 12 A. Right. 13 Q. This case doesn't concern 9/11. The defendants are not 14 accused of having done anything in connection with 9/11. 15 A. Okay. 16 Q. And so this case doesn't involve 9/11. 17 A. Okay. 18 Q. Is there anything about your -- the person whom you knew 19 who died in 9/11 or anything about 9/11 that would prevent you 20 from being a fair and impartial juror in this case? 21 A. No. 22 Q. It's likely that this case will receive media attention, 23 and I want to make sure that this case is decided solely upon 24 the evidence that's received here in the courtroom and not 25 based on any things that are said outside the courtroom. And SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1203 45RLSAT4 1 I'll tell the jurors that they must avoid reading about the 2 case in the newspapers, listening to any radio or television 3 reports or reading any Internet coverage or discussion about 4 the case; and I will also direct that they avoid discussing the 5 case with friends or family during the course of the trial. 6 Would you follow those instructions? 7 A. Yeah. 8 Q. Would you have any difficulty following those instructions? 9 A. No. 10 Q. I ask that because on the questionnaire, you had said it 11 would be difficult for you, but I thought it might be a mistake 12 because it was in a line of questions that you were answering 13 yes to. 14 A. Oh, okay. 15 Q. So you will follow that instruction? 16 A. Yeah. 17 Q. If you were chosen as a juror in this case, you would be 18 required to decide the case based solely on the evidence or 19 lack of evidence and in accordance with my instructions on the 20 law. Will you do that? 21 A. Yes. 22 Q. And as you can tell from all of my questions, the 23 fundamental issue is whether there's anything in your personal 24 history or life experience that would prevent you from acting 25 as a fair and impartial juror in this case. So let me ask you SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1204 45RLSAT4 1 one final time whether there's anything, whether I've asked you 2 about it specifically or not, that would prevent you from being 3 a fair and impartial juror in this case? 4 A. I would be fair. 5 Q. Okay. Now, I know you've raised an issue with respect to 6 economic hardship. 7 A. Yeah. 8 Q. And I said I was going to get back to it. But before I do, 9 I'd like to talk to all of the parties, so if you could just 10 step out for a moment? 11 A. Yeah. 12 (Juror absent) 13 MR. DEMBER: No questions, your Honor. 14 MR. TIGAR: May I have just a moment, your Honor? 15 (Off the record) 16 MR. TIGAR: We have no questions, your Honor. And we 17 would ask that the juror check and see. He does indicate he's 18 a member of a labor organization, and there may be a provision 19 in the contract. 20 THE COURT: Okay. I'll certainly ask him to do that. 21 And I'll tell him that, as we've done with other jurors, that 22 he remains in the process of jury selection; to check with his 23 employer if he would be paid. And tell Mr. Grate what the 24 answer to that is. 25 Okay, no further questions and no challenges. And SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1205 45RLSAT4 1 we'll wait and see what his answer is. 2 (Juror present) 3 BY THE COURT: 4 Q. Hi again, Juror 266. 5 A. Hi. 6 Q. You are -- you're still in the jury selection process. I 7 appreciate what you've brought to my attention about the issue 8 of whether you'll be paid or not. 9 A. Right. 10 Q. And it may well be that your employer will pay you, that 11 that's part of the policy or contract or whatever that the 12 employer has. So it may be that you'll be paid. But I don't 13 know. So -- and if it is a severe economic hardship because 14 you're not paid, then I would excuse you. But right now, 15 you're still involved in the jury selection process and you 16 should check with your employer. So first, since you're still 17 involved in the jury selection process, the next step is you 18 will call in on June the 18th, and Mr. Fletcher will give you a 19 piece of paper to explain, to call the jury administrator on 20 June the 18th to follow up on the jury selection process. But 21 before you -- even before then, I'd ask you to check promptly, 22 as soon as you can. 23 A. As soon as I can. 24 Q. With your employer as to whether your employer will pay 25 you. Don't tell the employer what the case is about or SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1206 45RLSAT4 1 anything like that. Just that you're in the process of jury 2 selection for a long trial which is expected to last four to 3 six months, and ask if the employer will pay you for that 4 amount of time. And then report back the answer to the jury 5 administrator, Mr. Grate. That's the name on the sheet of 6 paper. 7 A. Okay. 8 Q. And the telephone number will be there. When you phone 9 Mr. Grate, Mr. Grate can give you any other instructions about 10 whether to fax a note or write a note or something. But call 11 Mr. Grate after you've spoken to your employer, all right? 12 A. Okay. 13 Q. Now, because you're still involved in the jury selection 14 process and if all of this works out, you will be calling back 15 on June the 18th, I want you to make sure that you follow 16 carefully all of my continuing instructions. Please, don't 17 talk about this case or anything to do with it. Please 18 remember to -- don't look at, listen to, read, anything to do 19 with the case. If you should see something, just turn away. 20 Remember, as I'll tell the jurors who are finally 21 selected, keep an open mind until you've heard all of the 22 evidence, I've instructed you on the law, and you've gone to 23 the jury room to begin your deliberations. Fairness and 24 justice to the parties requires that you do that. All right? 25 A. Okay. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1207 45RLSAT4 1 Q. It's good to see you. Have a good trip home. 2 A. Okay. 3 (Juror absent) 4 (Continued on next page) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1208 45RSSAT5 1 THE CLERK: 264. 2 (Juror present) 3 BY THE COURT: 4 Q. Please have a seat. 5 Good afternoon, Juror 264. It's good to see you. 6 A. Good afternoon. 7 Q. I have some preliminary questions before I turn to some 8 follow-ups on the questionnaire. 9 Since you were here last has anything changed 10 concerning your ability to serve as a juror in this case or has 11 anything occurred to you or have you seen or read or heard 12 anything that may affect your ability to be a fair and 13 impartial juror in this case? 14 A. No. 15 Q. It now appears that the date that the final jury will be 16 chosen in this case will be Monday, June 21st. So after today 17 it's unlikely you will be called to come back before June 18th. 18 Does that present any serious hardship for you? 19 A. No. 20 Q. Since you were here last have you spoken to anyone about 21 the case or have you looked at or listened to anything about 22 the case? 23 A. No. 24 Q. Has anyone spoken to you about the case, and that includes 25 any conversations here at the courthouse or with any other SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1209 45RSSAT5 1 prospective jurors? 2 A. No. 3 Q. While you were waiting with the other prospective jurors 4 did you or anyone you overheard discuss the case? 5 A. No. 6 Q. You had said on your questionnaire that you would not be 7 paid a salary while you were on jury duty? 8 A. Did I? I will be. My job pays me. 9 Q. Yes, that is what I thought. I thought that was a mistake. 10 This case would not be a serious hardship for you? 11 A. No. 12 Q. Okay. 13 You mention that you are in the public service and 14 that you are a supervisor. Can you tell me without telling me 15 the specific agency, do you work for a government agency? 16 A. I work for a city agency. 17 Q. You work for an agency of the City of New York? 18 A. Yes. 19 Q. Okay. 20 And what kind of services does that agency do? What 21 kind of work does the agency do? 22 A. Provide transportation. 23 Q. Okay. 24 And you are a supervisor? 25 A. Yes. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1210 45RSSAT5 1 Q. That organization doesn't have anything to do with law 2 enforcement, right? 3 A. No. 4 Q. And you belong to a union. The name of the union you put 5 down was SSSA. What does that stand for? You can tell me. 6 A. Are you sure? 7 Q. Yes, I am sure. 8 A. Well -- 9 Q. If you know. 10 A. It does, but it will tell you -- 11 Q. That is all right. If it tells me the name of the agency 12 for which you work, that is okay. 13 A. Okay, Surface and Subway Supervisor's Association. 14 Q. It's a big organization. Okay. 15 And you mention that you have a niece who is in the 16 Army. Is she currently in the Army? 17 A. She is in the reserves. She just got out of basic 18 training. 19 Q. All right. 20 And you mentioned that you have a friend who is 21 currently in Iraq? 22 A. Yes. 23 Q. Okay. 24 And can you tell me is that friend in the service? 25 A. Yes, he is. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1211 45RSSAT5 1 Q. And do you know how long he is going to be there or how 2 long he has been there? 3 A. He has been there since February and I am not sure how 4 long. 5 Q. Okay. 6 Is there anything about your niece's service in the 7 Army or your friend's service in Iraq that would prevent you 8 from being a fair and impartial juror in this case? 9 A. No. 10 Q. You mentioned that you previously have been a juror in a 11 criminal trial in the Bronx for attempted murder and the jury 12 reached a verdict in that case, right? 13 A. Yes. 14 Q. Is there anything about that jury service, or your 15 reactions to it, your participation in the process, your 16 reactions to any of the parties in the case, anything about 17 that case that would -- any of the participants in the case, 18 anything about that case that would prevent from you being a 19 fair and impartial juror in this case? 20 A. No. 21 Q. You mentioned that you had a family member who was the 22 victim of a serious crime. Who was that? 23 A. Of -- 24 Q. I will try to keep my voice up and if you also try and keep 25 your voice up. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1212 45RSSAT5 1 A. Okay. 2 Q. You mentioned that you had a family member who was a victim 3 of a serious crime. You don't recall? 4 A. No. 5 Q. Maybe it was a mistake when you pointed out that you had a 6 nephew who was in prison. 7 A. Right. 8 Q. But the first question was essentially have you or anyone 9 close to you been the victim of a serious crime, and you said 10 yes and checked off family. 11 A. I misunderstood the question then. 12 Q. Okay. 13 You did point out that you have a nephew who is in 14 prison. 15 A. Yes. 16 Q. And is now serving a ten-year sentence. Have you visited 17 your nephew? 18 A. Yes. 19 Q. And that is for a state court conviction? 20 A. Yes. 21 Q. And when did that trial occur? 22 A. That was '97 or '98. 23 Q. Okay. 24 And have you visited your nephew in prison? 25 A. Yes, I have. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1213 45RSSAT5 1 Q. And how often do you visit your nephew? 2 A. Maybe once a year. 3 Q. Okay. 4 Is there anything about that, about the conviction -- 5 by the way, did you attend the trial? 6 A. Yes, I did. 7 Q. Is there anything about what happened to your nephew and 8 your reactions to it, and your reactions to the prosecution, to 9 the defense counsel, to the trial, to the conviction, to the 10 jail, anything about any of that that would prevent you from 11 being a fair and impartial juror in this case? 12 A. No. 13 Q. If you were chosen as a juror in this case, would you 14 listen to the evidence in this case and decide this case based 15 solely on the evidence or lack of evidence and without any bias 16 or prejudice for or against the government or the defendants? 17 A. Yes, I would. 18 Q. You had said that there was -- there was a question that 19 you didn't understand so let me explain it to you. I asked 20 whether you or essentially anyone close to you has ever 21 belonged to an organization which exists to defend people's 22 civil liberties and civil rights, and you said you didn't 23 understand it. What I was looking for was do you or anyone 24 close to you belong to any kind of organization that defends 25 civil liberties or civil rights? Some organizations which come SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1214 45RSSAT5 1 to mind are, for example, the American Civil Liberties Union, 2 and there are other organizations like that. 3 Do you or anyone close to you belong to any such 4 organization? 5 A. No. 6 Q. Okay. 7 And of course -- well, neither you nor anyone close to 8 you belongs to an organization that takes positions on gun 9 control, either for or against, like the National Rifle 10 Association? 11 A. No. 12 Q. Okay. 13 You mentioned that your sister has a degree in 14 criminal justice. 15 A. Yes. 16 Q. What does your sister do? 17 A. She is a correction officer. 18 Q. She is -- 19 A. A captain in the corrections department. 20 Q. Keep your voice up. 21 A. She is a captain in the corrections department. 22 Q. All right. 23 And you have pointed out that you have two sisters, 24 one of whom is retired and one of whom is presently a captain? 25 A. Yes. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1215 45RSSAT5 1 Q. And they work for the -- is it the New York City Department 2 of Corrections? 3 A. Yes. 4 Q. Okay. 5 And can you tell me what -- you mentioned that your 6 two brothers-in-law are lawyers? 7 A. Yes. 8 Q. Tell me what kind of law they practice. 9 A. Criminal. 10 Q. Okay. 11 And they defend people accused of crimes, is that what 12 they do? 13 A. I believe so. Yes. 14 Q. They are not prosecutors, they are defense attorneys? 15 A. Yes. I believe so. 16 Q. And you also mentioned that you have a friend in the Police 17 Academy? 18 A. Yes. 19 Q. Can you tell me, is that a close friend or an acquaintance? 20 A. A close friend. 21 Q. A close friend, okay. 22 Now, you plainly have friends and relatives who are 23 involved in various aspects of the criminal justice system. 24 A. Yes. 25 Q. And is there anything about any of those relationships, or SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1216 45RSSAT5 1 anything that you have spoken with any of those people about, 2 anything that would prevent you from being a fair and impartial 3 juror in this case? 4 A. No. 5 Q. Now, one of the instructions that I give is that no witness 6 is entitled to any greater or lesser credibility solely because 7 of their occupation. So it follows that no law enforcement 8 officer can entitled to any greater or lesser credibility 9 solely because of the occupation of that person. 10 A. Right. 11 Q. And will you follow that rule of law? 12 A. Yes. 13 Q. You mentioned that you have co-workers who are of Middle 14 Eastern descent but you don't know what countries they are 15 from. 16 A. Right. 17 Q. How many co-workers? 18 A. Plenty. 19 Q. A bunch? 20 A. There is a lot. 21 Q. A lot, okay. 22 Do you have any biases or prejudices against any 23 people of Middle Eastern descent or any people of the Islamic 24 faith? 25 A. No. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1217 45RSSAT5 1 Q. I asked you a question about whether you were knowledgeable 2 about the history and practices of Islam and you said you were 3 not very knowledgeable and you said you didn't understand the 4 question. 5 What I was trying to get at is do you know anything 6 about the history and the practices of the religion of Islam? 7 A. Not much. 8 Q. Not much. 9 If you can recall anything for me, what do you know 10 about Islam? I know it's not much but anything that you can 11 recall now? 12 A. Not really. 13 Q. Okay. 14 Do you recall reading any books or articles or 15 watching any programs about Islam? 16 A. No. 17 Q. No, okay. 18 It is likely that this case will receive attention in 19 the press and I want to make sure that this case is decided 20 solely on the evidence presented here in the courtroom and not 21 based on anything that is said or written outside the 22 courtroom. So I will instruct the jurors that they are to 23 avoid reading about the case in the newspapers, listening to 24 any radio or television reports or reading any Internet 25 coverage or discussion about the case, and I will direct the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1218 45RSSAT5 1 jurors to avoid discussing the case with friends or family 2 during the course of the trial. 3 Will you follow that instruction? 4 A. Yes. 5 Q. Will you have any difficulty following that instruction? 6 A. No. 7 Q. Okay. 8 I thought that that was right. You had answered the 9 question on the questionnaire that you would have difficulty 10 but it came in a string of questions where you were answering 11 "yes" and I thought it might be a mistake. 12 A. Okay. 13 Q. It was a mistake? 14 A. Yes. 15 Q. You will follow my instructions? 16 A. Yes. 17 Q. All right. 18 If you were chosen as a juror in this case, you would 19 be required to decide this case based solely on the evidence or 20 lack of evidence and in accordance with my instructions on the 21 law. Will you do that? 22 A. Yes. 23 Q. As you can tell from all of my questions, the fundamental 24 issue is whether there is anything in your personal history or 25 life experience that would prevent you from acting as a fair SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1219 45RSSAT5 1 and impartial juror in this case. So let me ask you one final 2 time whether there is anything, whether I have asked you about 3 it specifically or not, that would prevent you from being a 4 fair and impartial juror in this case? 5 A. No. 6 Q. Okay. 7 Could you step out just for a few moments? 8 A. Can I say one thing? 9 Q. Yes. 10 A. I have travel plans in June. 11 Q. Okay. 12 A. The 22nd. 13 Q. Please keep your voice up. You have travel plans on -- 14 A. June 22nd, returning on the 27th. 15 Q. Okay. 16 Can you rearrange those plans? Let me tell you where 17 we are. I mentioned that you wouldn't have to call back until 18 June 18th. The final jury selection and the beginning of the 19 trial is June 21st. So it would be a problem not to be able to 20 be here on June 22nd. 21 A. Well, actually the 23rd and 24th and 25th I would be out of 22 town. 23 Q. We don't sit on Fridays and we don't sit obviously over the 24 weekend, so on the first week we would sit from -- likely from 25 June 21st to June 24th, and there is always the possibility SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1220 45RSSAT5 1 that on the first week we would sit on Friday, June 25th. So 2 could you arrange to make your trip before June 18th or -- 3 A. It's already paid for and it's a conference for that 4 particular week. 5 Q. Would you be prepared to -- there are some jurors who are 6 prepared -- because this is a fairly long trial -- to put over 7 plans, including conferences, until after the trial is over and 8 to get credit for their tickets or turn in their tickets, but 9 it would really be a problem not to be here during that first 10 week of trial. So you have to tell me whether you could put 11 that over, defer your trip, not do it if in fact you were 12 called as a juror. It's always possible that if you are in the 13 pool you won't be picked on June 21st. But you have to tell me 14 whether that is an unbreakable commitment that would be a 15 hardship for you not to go forward with it. 16 A. It would be. 17 Q. Okay. 18 A. It's plans that I had for a year now. 19 Q. Okay. 20 Can you step out? 21 (Juror absent) 22 THE COURT: I am prepared to excuse the juror. 23 MR. STERN: We agree with that. 24 MR. DEMBER: No objection, your Honor. 25 THE COURT: The juror was very nice about it, which SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1221 45RSSAT5 1 plainly indicates that the juror is not inclined to change 2 those plans. 3 (Juror present) 4 BY THE COURT: 5 Q. Please have a seat. 6 Juror 264, I will excuse you. I appreciate your 7 participating in the process and completing the questionnaire 8 and helping me to understand your answers and I want you to 9 understand that you performed a public service by participating 10 in the process, so you should take satisfaction from that. You 11 can go home now and all of your paperwork will be taken care of 12 by mail. 13 A. Thank you, your Honor. 14 (Juror absent) 15 THE CLERK: 266. 16 MR. STERN: Judge, while we are between jurors, if I 17 can make I guess a request or suggestion, which is this juror, 18 unlike the hundred or so others we have seen, seemed to me to 19 be genuinely frightened about giving you information. I took 20 it to be that way, that is why she didn't want to tell you what 21 the union was. Maybe I misunderstood it. 22 THE COURT: I really took that as responding to 23 perhaps my overcautious statements to her. I explicitly told 24 her don't tell me, and I specifically told her don't tell me 25 the agency. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1222 45RSSAT5 1 MR. STERN: You may be right. 2 THE COURT: And so she looked at me -- 3 MR. STERN: She thought she was violating your rule is 4 what you think it was? 5 THE COURT: Oh, absolutely, because what she actually 6 said was in words or substance are you sure? It really will 7 tell you what you just told me you didn't want me to tell you. 8 MR. STERN: I may have misunderstood. I thought she 9 was frightened. You may be right. 10 THE COURT: Not at all. She was quite pleasant and 11 responsive. 12 MR. STERN: I agree with that. 13 MR. TIGAR: An additional thought, your Honor, this 14 juror was wearing a hat that covered a large part of her face 15 and it was very hard for us from our viewpoint to see her 16 demeanor. If that should happen again I would hope the court 17 would ask the juror to remove the head gear that places us in 18 that position. 19 THE COURT: Okay. Sure. 20 Juror 266. 21 (Juror present) 22 BY THE COURT: 23 Q. Good afternoon, Juror 266. It's good to see you. 24 A. Good afternoon. 25 Q. I have some preliminary questions and then some follow-up SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1223 45RSSAT5 1 questions. 2 Since you were here last has anything changed 3 concerning your ability to serve as a juror in this case or has 4 anything occurred to you or have you seen or heard anything 5 that may affect your ability to be a fair and impartial juror 6 in this case? 7 A. No, sir. 8 Q. It now appears that the date that the final jury will be 9 chosen in this case will be Monday, June 21st. So after today 10 you won't have to call back until June 18th. Does that present 11 any serious hardship for you? 12 A. No, sir. 13 Q. Since you were here last have you spoken to anyone about 14 the case or have you looked at or listened to anything about 15 the case? 16 A. No. 17 Q. Has anyone spoken to you about the case, and that includes 18 any conversations here at the courthouse or with any other 19 prospective jurors? 20 A. No. 21 Q. While you were waiting with the other prospective jurors, 22 did you or anyone you overheard discuss the case? 23 A. No. 24 Q. Okay. 25 Will you be paid your salary while you serve on jury SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1224 45RSSAT5 1 duty? 2 A. I am unaware. I wouldn't know. 3 Q. Okay. 4 You indicated that this case would not be a serious 5 hardship for you and it would not cause you an economic 6 hardship, is that right? 7 A. No, I don't think so. 8 Q. Okay. 9 And that is irrespective of whether your employer pays 10 you? 11 A. Well, my wife works. We would manage. 12 Q. Okay. 13 Your spouse, you indicated, was I believe both 14 employed and a student? 15 A. Yes, as am I. We both are. 16 Q. Okay. 17 Can you tell me, your spouse, what the nature of the 18 employment is? You put down finance. Could you explain to me 19 a little more? 20 A. Yes, she is an insurance underwriter. 21 Q. Okay. 22 And you mentioned that you also go to school? 23 A. Yes, sir. 24 Q. And can you just tell me what you are going to school for? 25 A. Management information technologies and I am going for my SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1225 45RSSAT5 1 Masters. 2 Q. That is part-time? 3 A. Yes, evenings. 4 Q. And your regular employment is in an advertising business 5 as a network administrator? 6 A. Yes. 7 Q. Can you tell me what a network administrator is? 8 A. Just basically we keep their systems running, that is 9 network support, keep the e-mail up. If there is a problem 10 it's our job to resolve it as far as the systems are concerned. 11 Q. Okay. 12 You mentioned that your parents are deceased. Your 13 father was a director. Can you tell me -- don't tell me the 14 company but what did you mean by a director? 15 A. He worked in real estate management and he was a director 16 of the real estate management. 17 Q. He was a director of a company that did real estate 18 management? 19 A. He was a director at a company that did real estate 20 management, yes. 21 Q. Okay. 22 And your mother was a teacher. What level did she 23 teach? 24 A. 8th grade. 25 Q. You mentioned that your hobbies include sports and X-Box SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1226 45RSSAT5 1 and I wasn't sure what X-Box was. 2 A. That is a video game system. 3 Q. Okay. 4 You mentioned that your regular source of news is the 5 Internet and can you tell me what particular source of news on 6 the Internet? 7 A. I usually just go to different Web sites. NY Times, Daily 8 News, CNN. 9 Q. Okay. 10 Q. You mention that your undergraduate was a criminal justice 11 major. Was there any particular reason that you didn't get 12 into the field of criminal justice out of school? 13 A. I didn't think it paid enough when I got out of school. 14 Q. Okay. 15 I asked you a series of questions about some of the 16 kinds of evidence that might be admitted in the case. One of 17 those kinds of evidence is recorded conversations between 18 attorneys and their client, and you said that that would 19 prevent you from rendering a fair and impartial verdict. 20 Let me explain something to you. 21 With respect to any of the evidence in the case, the 22 court decides on whether the evidence is admissible or not 23 admissible. If it's admissible, it's presented in court 24 because as a matter of law it's admissible and so once it's 25 admissible and once it's admitted in court, then it's for the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1227 45RSSAT5 1 jury to consider that evidence and determine whether the 2 government has proven the charges in the indictment beyond a 3 reasonable doubt based upon the evidence or lack of evidence in 4 court. It's for the court to decide whether to admit the 5 evidence, whether it is legally admissible or not. And it's 6 not for the jury to make that determination or to second guess 7 the determination of whether the evidence is admissible or not 8 admissible. 9 It's for the court to make that determination and, as 10 a matter of law, it's up to the jury to decide the case based 11 upon all of the evidence that is admitted in court. It's not 12 for the jury to say I don't like that evidence or I like that 13 evidence better than others based upon issues of law. It's for 14 the jury to assess all of the evidence that is admitted before 15 the jury and determine whether based on all of that evidence 16 the government has proven the charges in the indictment beyond 17 a reasonable doubt. 18 Do you understand that? 19 A. Yes, sir. 20 Q. And so having listened to that and thought about that, is 21 there anything about the fact that some of the conversations 22 might be recorded conversations of conversations between 23 attorneys and their client, anything about that that would 24 prevent you from considering that evidence and deciding the 25 case based upon all of the evidence and my instructions on the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1228 45RSSAT5 1 law? 2 A. In all honesty if the conversations between the attorney 3 and the client were thought to be done in private and they 4 weren't, then I would have some problems with it. I mean -- 5 Q. I'm sorry? 6 A. If the conversations were thought to be done in private, 7 like if the client went through his attorney and they were 8 speaking about their case and that conversation was recorded, I 9 would have some problems with it because if you can't be 10 upfront with your attorney, who can you be upfront with? 11 I don't know the circumstances behind whatever 12 so-called recordings there might be but, again, you know, if I 13 go see an attorney I might tell him, hey, I am guilty, this way 14 he can, I guess, handle the case or take the case in a certain 15 direction as far as it will be better to plead or it will be 16 better to fight it. But if that conversation is not 17 confidential, then I just have some fundamental problems with 18 it. 19 Q. Okay. 20 The issue is really one of law and, as I say, it's a 21 question of law as to whether that evidence can be admitted or 22 not. And so as a matter of law if the evidence is before you, 23 you say you have some problems with that kind of evidence, but 24 the issue is really one of whether you would be able to follow 25 my instructions on the law. And the law is when the evidence SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1229 45RSSAT5 1 is admitted it's for the jury to consider the evidence or lack 2 of evidence. It's not for the jury to make the determination 3 of whether as a matter of law that evidence should have been 4 admitted or not admitted. 5 So the jury is faced with that evidence and the jury 6 has to assess that evidence and determine whether based on that 7 evidence and all of the other evidence in the case the 8 government has proven the charges beyond a reasonable doubt. 9 So the issue is would you let any feelings that you 10 have about obtaining those conversations and considering those 11 conversations interfere with your obligation as a juror to 12 consider all of the evidence in the case and determine whether 13 based upon that evidence or lack of evidence the government has 14 proven the charges in the indictment beyond a reasonable doubt. 15 Put another way, would you say I don't like that 16 evidence, therefore, I am not going to consider it. These are 17 issues of law because they go to the question of whether you 18 would follow my instructions on the law. 19 A. Agreed. 20 Q. And what all of these questions are meant to do is to 21 determine whether you would be a fair and impartial juror, 22 whether you would decide the case based upon the evidence and 23 my instructions on the law. 24 So if this were evidence in the case, if that were the 25 evidence, attorney-client conversations between attorneys and SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1230 45RSSAT5 1 their clients that were admitted at trial, would you say I 2 don't like that, I am not going to consider that, or would you 3 follow my instructions and consider all of the evidence in the 4 case or the lack of evidence and determine whether the 5 government has proven the charges in the indictment beyond a 6 reasonable doubt? 7 A. I guess the best way to answer that question in all 8 honesty, it would depend. I mean, if the attorney and the 9 client were walking down the street or they were at dinner, or 10 something, and their conversation happened to be recorded, then 11 I guess it's fair game. But if they were in the privacy of the 12 attorney's office, again I have a fundamental problem with 13 that. So, yes, I would follow the letter of the law but it all 14 depends on the circumstances as well. 15 Q. If you disagreed with my ruling on whether you could 16 consider that evidence, whether that evidence should be 17 admitted, would you, if you didn't agree that the evidence 18 should be considered, would you refuse to consider it even if I 19 told you to consider it? 20 A. No, absolutely not. I mean, you have to consider all 21 evidence. I would just have some problems with it. But I just 22 wouldn't throw the evidence out the window. 23 Q. Okay. 24 Well, that is what I was trying to ask before. And 25 it's a very important question and you have to tell me. You SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1231 45RSSAT5 1 are a very intelligent person and you say -- when you answered 2 my question just now you said that you would follow my 3 instruction and, no, you wouldn't throw the evidence out the 4 window. 5 Would you consider that evidence in the same way as 6 you would all of the other evidence in the case, and would you 7 leave to me the issue of whether that evidence can be admitted 8 or not? Because I tell you as a matter of law, there are legal 9 principles to be applied and there are many as to whether 10 evidence of conversations between an attorney and a client can 11 be admitted. And the jurors don't make that determination. 12 They are not given those principles of law. They don't have to 13 decide these legal issues. It's for the court to decide those 14 legal issues. 15 And so the question is if that evidence is before you 16 would any of your feelings or thoughts about that evidence 17 prevent you from considering that evidence along with all the 18 other evidence in the case? 19 A. No, sir. 20 Q. Would you follow my instructions that you should consider 21 all of the evidence or lack of evidence in the case in deciding 22 whether the government has proven the charges in the indictment 23 beyond a reasonable doubt? 24 A. Yes, sir. 25 Q. And you expressed questions, and I understand that, about SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1232 45RSSAT5 1 conversations between attorneys and their clients. Will you 2 leave to me the issue of whether you can consider those 3 conversations and if I admit those conversations will you 4 consider that evidence along with all of the other evidence in 5 the case? 6 A. Yes. 7 Q. And is there anything about the nature of that evidence 8 that would prevent you from living up to your commitment to be 9 a fair and impartial juror and to decide the case based upon 10 the evidence or lack of evidence? 11 A. No. 12 Q. After having talked this out for some period of time, do 13 you have any doubt in your mind that you would be a fair and 14 impartial juror even though some of the evidence in the case 15 may be recorded conversations between attorneys and their 16 clients? 17 A. No, no doubt whatsoever. 18 Q. No doubt. 19 You mentioned that you thought that there was a law 20 enforcement bias against people of Middle Eastern descent or 21 people of the Islamic faith. 22 A. Yes. 23 Q. Could you tell me what you mean by that? And you mentioned 24 9/11. 25 A. I think there is a law enforcement bias against people of SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1233 45RSSAT5 1 color just across the board but after 9/11 there was really a 2 bias against people of Middle Eastern descent. If you go back 3 to the Oklahoma City bombings the first person they were 4 looking for or the original -- 5 Q. Just go a little slower. 6 A. Just to go back, if you go back to the Oklahoma City 7 bombings the original suspect they were looking for were from 8 Middle Eastern descent. Yes, there is a bias against them. 9 That is a fact. Is it right? No. But that is just how it is. 10 Q. Okay. 11 If you were chosen as a juror, as I have said, you 12 would have to decide the case based solely on the evidence or 13 lack of evidence and my instructions on the law. 14 Do you have any bias or prejudice against the 15 government or against any of the defendants in this case? 16 A. No. 17 Q. If you were chosen as a juror in this case, do you 18 understand that with respect to this case the issues of why 19 this case was brought or why these particular defendants are 20 defendants on trial or why any other person is not a defendant, 21 all of those issues are issues that reside with the government 22 and it's not for the jury to ask themselves why this particular 23 case was brought but under the juror's oath, they are required 24 to answer the question as finders of fact based upon these 25 charges against these defendants, has the government proven SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1234 45RSSAT5 1 those charges beyond a reasonable doubt at trial? 2 Did you understand that? 3 A. Yes. 4 Q. And would you do that if you were -- would you follow those 5 instructions if you were chosen as a juror in this case? 6 A. Yes. 7 Q. Is there anything about 9/11 that would prevent you from 8 doing that? 9 A. No. 10 Q. You mentioned that you had heard sound bites from news 11 reports about Sheikh Abdel Rahman. Can you tell me what, if 12 anything, you recall hearing about Sheikh Abdel Rahman? 13 A. To be honest with you, the TV was on in the background. I 14 wasn't paying attention so I didn't hear any specifics, but I 15 do remember the name. 16 Q. Okay. 17 Is there anything that you have seen, read or heard 18 about Sheikh Abdel Rahman that would prevent you from being a 19 fair and impartial juror in this case? 20 A. No. 21 Q. If you were chosen as a juror in this case, you would be 22 required to decide this case based solely on the evidence or 23 lack of evidence and in accordance with my instructions on the 24 law. 25 Will you do that? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1235 45RSSAT5 1 A. Yes. 2 Q. And as you can tell from all of my questions, the 3 fundamental issue is whether there is anything in your personal 4 history or life experience that would prevent you from being a 5 fair and impartial juror in this case. So let me ask you one 6 final time whether there is anything, whether I have asked you 7 about it specifically or not, that would prevent you from being 8 a fair and impartial juror in this case? 9 A. No. There shouldn't be anything. 10 Q. I am sorry? 11 A. No, there shouldn't be anything. 12 Q. Okay. 13 You say there shouldn't be anything. There is 14 nothing? 15 To your knowledge, there is no reason that you will 16 not be a fair and impartial juror? 17 A. No, no reason whatsoever. 18 Q. Okay. 19 Could you step out for a moment? 20 A. Absolutely. 21 (Juror absent) 22 MR. DEMBER: Your Honor, I think we have two concerns. 23 When you asked this juror about question 62, and he expressed a 24 concern about intercepted conversations between attorney and 25 client, and you started to ask him questions about that and you SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1236 45RSSAT5 1 asked him would he consider all of the evidence in the case, 2 and his response was but I would just have some problems with 3 it. Once he said that your Honor at great length explained to 4 him the law, discussed it with him, and asked questions like 5 could you be fair and impartial now knowing about it, could you 6 accept all the evidence, and he kept saying yes, I could, yes, 7 I could. 8 But we request that you ask him specifically what 9 would his problem be with it? He responded at one point that 10 essentially a client would think that he was talking to his 11 lawyer and would expect that he could say anything and that he 12 would expect that to be confidential. But he was never asked 13 what his problem with the intercepted conversation would be. 14 And he said something along the lines if he was 15 walking along the street and others were nearby and overheard 16 it, that seemed to be a situation where he would not have a 17 problem. 18 Here in our case, as I believe your Honor is aware, 19 clearly I think the intercepted conversation was amongst three 20 people who believed it was a confidential conversation. It was 21 a confidential communication at that point. It was just the 22 three of them during a prison visit or at least many of the 23 conversations are of that nature or I should say several 24 important ones. And we would like to know whether he still has 25 a problem with the fact that the government intercepts such SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1237 45RSSAT5 1 conversations or may introduce evidence of such conversations 2 here and understand what his problem is. 3 Let him express what the problem he has with it is. I 4 understand he said he can accept the law and accept the fact 5 but, frankly, we are concerned that if he is chosen for the 6 case and evidence is presented in this case and it eventually 7 goes to a jury, his concerns, his problems may arise again and 8 may either knowingly or subconsciously interfere with his 9 ability to be fair. 10 On a separate issue -- 11 (Continued on next page) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1238 45RLSAT6 1 THE COURT: But you know, you really haven't directed 2 my attention to anything that I should ask him, because we went 3 over this a lot. We really did. And he did explain about what 4 his problems were, in several different ways. And you've 5 expressed some of them. And he expressed his problems and -- 6 as you know, he eventually assured me that none of that would 7 interfere with his ability to follow the law, which is to 8 consider all of the evidence that was admitted. I mean, he 9 expressed all of those problems and what he would have to do. 10 It's not clear to me what exactly you're asking. 11 MR. DEMBER: Maybe a more specific question, that if 12 the evidence showed the conversations introduced in this case 13 were expected to be private or were anticipated by the 14 participants to have been private, how would he treat or 15 consider that evidence, okay? The only example I remember him 16 talking about was conversations perhaps on the street that was 17 overheard by others. Or in an attorney's office. He 18 distinguished that, your Honor. A conversation on the street 19 where others might overhear it versus conversations between an 20 attorney and client in a private office. So I would ask you to 21 ask that type of question. 22 The second issue, your Honor, we'd like you to ask him 23 about, is when you asked him about Question 87, his belief, 24 whether there is a law enforcement bias against people from the 25 Middle East or -- he indicated that he thought that there was a SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1239 45RLSAT6 1 law enforcement bias against -- by law enforcement, against 2 people of color in general. And -- 3 THE COURT: Yes. 4 MR. DEMBER: And then you asked him: Can you treat 5 the government fairly? 6 THE COURT: Yes. 7 MR. DEMBER: But the "government" is a very broad 8 word. It can mean anything. There are going to be law 9 enforcement witnesses likely testifying in this case. And the 10 question is can he consider their testimony openly, fairly, 11 impartially. 12 THE COURT: You know, I did more than that, because 13 I -- when I heard everything the witness said, I followed up 14 with respect to any bias against the government or the 15 defendants. The government or the defendants. 16 MR. DEMBER: True. 17 THE COURT: So I mean, I have followed up. 18 MR. DEMBER: The question is: Does he have any bias 19 against any law enforcement officials or type of law 20 enforcement official? The "government" is a very general word, 21 your Honor. 22 THE COURT: But it was not general in the way in which 23 I used it. It was general in the sense of -- 24 MR. DEMBER: True. 25 THE COURT: -- the parties in this case, which was the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1240 45RLSAT6 1 way in which that issue arose. 2 MR. DEMBER: That may be, your Honor. 3 THE COURT: I'll ask another question about law 4 enforcement witnesses and the ability to consider the testimony 5 of law enforcement witnesses. 6 MR. DEMBER: Thank you. 7 THE COURT: Sure. 8 MR. TIGAR: Your Honor, from our perspective, as we 9 recall the exchange with the juror, he first said, If it was a 10 conversation on the street with the lawyer, that's fair game. 11 However, he has a problem if it's, for instance, in an office. 12 Then your Honor specifically focused on that and got the 13 juror's commitment that he would consider that evidence and had 14 no doubt whatsoever about it. 15 Our objection to the question -- suppose in this case 16 there were evidence of such-and-such -- we have not up to now, 17 as I recall, your Honor, been asking jurors commitment 18 questions. What if this particular piece or kind of evidence 19 was in this case, what would you do with it? And we 20 respectfully suggest that your Honor's inquiry does cover the 21 matter. 22 THE COURT: Well, it's not -- that's really not wholly 23 true. I don't -- I phrased all of the questions in such a way 24 as to pursue every issue that's raised. When the issue of some 25 jurors came up with Bin Laden's name, I was asked and did SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1241 45RLSAT6 1 follow up: If there were evidence in the case concerning Bin 2 Laden, would that affect your ability to be fair and impartial? 3 And I do these, you know, on both sides with extreme care. And 4 I would certainly not attempt to influence the juror in any 5 way. What I would attempt to do in the questions is to follow 6 up on this remark with respect to the expectation of the 7 parties and ask him if any of the evidence in the case included 8 any conversations where any of the parties expected them to be 9 private, would that prevent him from being a fair and impartial 10 juror? And following all of the instructions that I have given 11 him. 12 MR. TIGAR: Your Honor, I did not wish to be 13 misunderstood. For instance, yesterday, we talked about 60's 14 radicals, there was some exchange about that. Your Honor did 15 agree to ask a question that was generic and not specific. 16 That was all I was doing, that your Honor would do in this 17 case. And I accept and appreciate your Honor's point that you 18 would not ask questions that seek to move jurors in one way or 19 another. And that's why I referred to it as a commitment 20 question. 21 THE COURT: Okay. All right. If these questions 22 don't produce anything. I would expect to tell the juror to 23 call in again on June the 18th. I hear no challenges for 24 cause. Okay. 25 (Juror present) SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1242 45RLSAT6 1 BY THE COURT: 2 Q. Hi. 3 A. How are you? 4 Q. Good. Just a few follow-up questions. One subject that I 5 didn't specifically talk to you about is that some of the 6 witnesses in the case are -- may well be law enforcement 7 personnel. The law is that no witness is entitled to any 8 greater or lesser credibility because of their occupation. And 9 that includes law enforcement officials. 10 At the same time, they're entitled to no lesser 11 deference than any other witness. They're to be considered 12 like any other witness. Their credibility is to be assessed in 13 the same way that you would the credibility of any other 14 witness. Would you follow that instruction? 15 A. Yes. 16 Q. Would you have any difficulty at all in following that 17 instruction? 18 A. No. 19 Q. When we discuss the issue of conversations between 20 attorneys and their client, one item that you raised is that 21 there may be situations in which there are expectations of the 22 persons in the conversation that the conversation will be 23 private. Whether there are expectations or not, of what the 24 law is with respect to the admissibility of such conversations, 25 that's for the Court. Do you understand that? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1243 45RLSAT6 1 A. Yes. 2 Q. And is there anything about any of those conversations, 3 even if there were any expectations, that would prevent you 4 from, if I allowed the evidence in, from considering that 5 evidence along with all of the other evidence in the case and 6 deciding this case based upon all of the evidence or lack of 7 evidence and my instructions on the law? 8 A. No, I wouldn't have any problems with that, following the 9 letter of the law. 10 Q. I'm sorry? 11 A. I wouldn't have any problem with it. I would follow the 12 letter of the law. 13 Q. Okay. All right. Juror 266, I'm going to -- you're still 14 involved in the jury selection process, and I'll ask you to 15 call back on June the 18th. Mr. Fletcher will give you a slip 16 of paper that indicates to call the jury administrator. It has 17 the telephone number and everything. It's very important that 18 you continue to follow my instructions. 19 Please, don't talk about this case or anything to do 20 with it. Please remember not to look at, listen to, read 21 anything in connection with the case. If you should see or 22 hear something in connection with the case, just turn away. As 23 I say, if you see something, hear something, inadvertently, 24 just turn away. You're not to look at, to listen to anything 25 to do with the case. Remember, as I'll tell the jurors that SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1244 45RLSAT6 1 are finally selected: Keep an open mind until you've heard all 2 of the evidence, I've instructed you on the law, and you've 3 gone to the jury room to begin your deliberations. Fairness 4 and justice to the parties requires that you do that. All 5 right? 6 A. Yes, sir. 7 Q. It's good to see you. 8 A. Thank you. 9 Q. Have a good day. 10 A. Thank you, Sir. 11 (Juror absent) 12 DEPUTY CLERK: 268. 13 U.S. MARSHAL: 268. 14 DEPUTY CLERK: Oh, wait a minute. 267. 15 (Juror present) 16 BY THE COURT: 17 Q. Good afternoon, Juror 267. It's nice to see you. Let me 18 ask you some preliminary questions. Since you were here last, 19 has anything changed concerning your ability to serve as a 20 juror in this case, or has anything occurred to you or have you 21 seen or heard anything that may affect your ability to be a 22 fair and impartial juror in this case? 23 A. No. 24 Q. It now appears that the date that the final jury will be 25 chosen in this case will be Monday, June 21st. So after today, SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1245 45RLSAT6 1 you won't have to call back until June the 18th. Does that 2 present any serious hardship for you? 3 A. No. 4 Q. Since you were here last, have you spoken to anyone about 5 this case or have you looked at or listened to anything about 6 the case? 7 A. No. 8 Q. Has anyone spoken to you about the case, and that includes 9 any conversations here at the courthouse or with any 10 prospective jurors? 11 A. No. 12 Q. While you were waiting with the prospective jurors, did you 13 or anyone you overheard discuss the case? 14 A. No. 15 Q. Let me follow up on some of the questions on the 16 questionnaire. You've been in your current job for three years 17 and before that you had another job for about three years, was 18 it? 19 A. No, it was like eight, nine months. 20 Q. Okay. What job was that? 21 A. I use to do work at the Gap before where I work at now. 22 Q. I'm sorry, I didn't hear you. 23 A. I used to work at the Gap store, the clothes store. 24 Q. And that was what you had for eight or nine years? 25 A. No, eight or nine months. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1246 45RLSAT6 1 Q. Eight or nine months. 2 A. Yes. 3 Q. Okay. And what did you do at that store? 4 A. I'm a salesperson. 5 Q. And before that, were you employed? 6 A. No. 7 Q. Okay. So you're in your second job now? 8 A. Yes. 9 Q. Thank you. You mentioned that your father worked at a city 10 hospital. 11 A. Yes. 12 Q. What did he do? 13 A. He's assistant director of housekeeping. 14 Q. Okay. You mentioned that you'd served on one criminal jury 15 about four years ago? 16 A. Yes. 17 Q. In the state court. And -- maybe I jumped too soon. Was 18 that in state court or federal court? 19 A. It was state court -- the regular one. 20 Q. Okay. And it was a drug case and the jury reached a 21 verdict, right? 22 A. Yes. 23 Q. Don't tell us what it was. But a verdict. Now, is there 24 anything about that process and your participation in that 25 process or your reactions to any of the participants in the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1247 45RLSAT6 1 process -- anything about that that would prevent you from 2 being a fair and impartial juror in this case? 3 A. No. 4 Q. You mention that you read magazines sometimes. Any 5 particular magazines? 6 A. No. I only read them when I'm at work. 7 Q. You mentioned that you were somewhat knowledgeable about 8 Islam. Could you tell me what the, in general, what your 9 knowledge is about Islam? 10 A. Not that much. I know a few people that's Muslim. That's 11 it. 12 Q. You know a few people who are Islamic? 13 A. Yeah. 14 Q. Okay. Have you read anything about Islam that you recall? 15 A. No. 16 Q. Do you have any biases or prejudices against any people of 17 Mid East descent or -- 18 A. No. 19 Q. Do you have any biases or prejudices against any people of 20 the Islamic faith? 21 A. No. 22 Q. There's likely to be media attention to this case. And so 23 I want to make sure that the case is decided solely on the 24 evidence in the courtroom and not based on things that are said 25 outside the courtroom. And I'll instruct the jurors that they SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1248 45RLSAT6 1 must avoid reading about the case in the newspapers, including 2 listening to any radio or television reports or reading any 3 Internet coverage or discussions about the case. And I'll tell 4 the jurors that they must avoid discussing the case with 5 friends or family during the course of the trial. Would you do 6 that? Will you follow that instruction? 7 A. Yes. 8 Q. And will you have any difficulty following that 9 instruction? 10 A. No. 11 Q. You had said yes on the questionnaire, but I thought it 12 might be a mistake. It came in a series of questions where you 13 said yes. 14 A. No. Oh, no, I wouldn't have a problem with it at all. 15 Q. No problem following those instructions? 16 A. No. 17 Q. If you were chosen as a juror in this case, you would be 18 required to decide this case based solely on the evidence or 19 lack of evidence and in accordance with my instructions on the 20 law. Will you do that? 21 A. Yes. 22 Q. As you can tell from all of my questions, the fundamental 23 issue is whether there is anything in your personal history or 24 life experience that would prevent you from acting as a fair 25 and impartial juror in this case. So let me ask you one final SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1249 45RLSAT6 1 time whether there's anything, whether I've asked you about it 2 specifically or not, that would prevent you from being a fair 3 and impartial juror in this case? 4 A. No. 5 Q. Okay. Thank you Juror 267. Could you step out for just a 6 moment? 7 A. Okay. 8 (Juror absent) 9 MR. TIGAR: Your Honor, we noticed that the juror was 10 using a cane, and we would ask you to ask her if she has some 11 physical hardship. 12 THE COURT: She had said no on the form. I'll ask 13 her. 14 MR. TIGAR: This may have been an injury that happened 15 since she filled out the questionnaire. 16 THE COURT: Sure. Anything else? 17 MR. DEMBER: No questions, Judge. 18 THE COURT: Okay. I'll follow that up, and if that 19 doesn't develop anything, I'll ask her to come back on June the 20 18th. 21 (Juror present) 22 BY THE COURT: 23 Q. Hi. I don't mean to pry, but I saw that you're using a 24 cane. Do you have any physical difficulty with sitting on the 25 jury? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1250 45RLSAT6 1 A. Oh, no. This just happened yesterday. 2 Q. Yesterday? 3 A. Yes. 4 Q. Are you okay? 5 A. I'm fine. 6 Q. And will sitting on the jury pose any physical difficulty 7 for you? 8 A. No. 9 Q. Okay. I'm going to ask you to return on -- call in on June 10 the 18th and Mr. Fletcher will give you a piece of paper to 11 explain who to call, and you're still involved in the jury 12 selection process. So it's important that you call in on June 13 the 18th and that you follow my continuing instructions. 14 Please, don't talk about this case or anything to do 15 with it. Remember not to look at, listen to, read anything to 16 do with the case. If you should see something, hear something, 17 just turn away. Remember, as I'll tell the jurors, keep an 18 open mind until you've heard all of the evidence, I've 19 instructed you on the law, and you've gone to the jury room to 20 begin your deliberations. Fairness and justice to the parties 21 requires that you do that. All right? 22 A. Okay. Yes. 23 Q. Nice to see you. 24 A. Okay. Thank you. 25 (Juror absent) SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1251 45RLSAT6 1 DEPUTY CLERK: 278. 2 (Juror present) 3 BY THE COURT: 4 Q. Hi. 5 A. Hello. 6 Q. Good afternoon, Juror 278. 7 A. Good afternoon. 8 Q. Let me ask you some preliminary questions, and then turn to 9 the questionnaire. Since you were here last, has anything 10 changed concerning your ability to serve as a juror in this 11 case, or has anything occurred to you or have you seen or heard 12 anything that may affect your ability to be a fair and 13 impartial juror in this case? 14 A. No. Nothing has changed in regard to that. I do have more 15 information about my work situation that bears on it. But -- 16 Q. Okay. 17 A. The fact that I wouldn't be paid for the time. 18 Q. Well, let me go to that. You've checked with your employer 19 and you will not be paid? 20 A. Right. 21 Q. Would it be a serious economic hardship for you to serve on 22 the jury? 23 A. Yeah. I'm basically the main source of income for the 24 family. So I don't see how we'd be able to avoid bankruptcy. 25 Q. Okay. All right. Could you step out for a moment? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1252 45RLSAT6 1 A. Sure. 2 (Juror absent) 3 THE COURT: I'll excuse the juror. 4 MR. DEMBER: The government agrees, your Honor. 5 MR. TIGAR: No objection. 6 (Juror present) 7 BY THE COURT: 8 Q. Hi, Juror 278. I'll excuse you. I very much appreciate 9 your participation in the process, filling out the 10 questionnaire, coming in, coming back. And you should 11 appreciate that you've performed a public service by 12 participating in the process, and I hope that that gives you 13 personal satisfaction. 14 A. Okay. 15 Q. You can go home now, and all of the paperwork will be taken 16 care of in the mail. 17 A. Thank you. 18 (Juror absent) 19 DEPUTY CLERK: 256. 20 U.S. MARSHAL: 256. 21 (Juror present) 22 BY THE COURT: 23 Q. Good afternoon, Juror 256. 24 A. Good afternoon. 25 Q. Let me ask you some preliminary questions. Since you were SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1253 45RLSAT6 1 here last, has anything changed concerning your ability to 2 serve as a juror in this case, or has anything occurred to you 3 or have you seen or heard anything that may affect your ability 4 to be a fair and impartial juror in this case? 5 A. No. 6 Q. It now appears that the date that the final jury will be 7 chosen in this case will be Monday, June 21st. So after today, 8 it's unlikely you will be called to come back or asked to call 9 in until June the 18th. Does that present any serious hardship 10 for you? 11 A. No. 12 Q. Since you were here last, have you spoken in anyone about 13 this case, have you looked at or listened to anything about the 14 case? 15 A. No. 16 Q. Has anyone spoken to you about the case? And that includes 17 any conversations here at the courthouse or with any other 18 prospective jurors? 19 A. No. 20 Q. While you were waiting with the other prospective jurors, 21 did you or anyone you overheard discuss the case? 22 A. No. 23 Q. Now, you said on the questionnaire that this case would be 24 a serious hardship for you? 25 A. Yes. I mean, I do. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1254 45RLSAT6 1 Q. Could you keep your voice up? Talk into the microphone? 2 A. Yes. I am the chief financial officer of my firm. It's a 3 small firm. And that in itself would be a hardship for the 4 company. I'm not in a union or anything to that effect. 5 Q. I'm sorry? 6 A. I am not in a union or anything to that effect, so, you 7 know, I don't know what that really -- I haven't discussed this 8 with my employer, but certainly I don't think a long-term 9 commitment would work out for me. 10 Q. Well, do you know whether your employer would pay you? 11 A. Absolutely -- no, they would not pay me for a duration of 12 that period. 13 Q. How do you know that? I thought you said you hadn't 14 discussed it? 15 A. Well, I haven't discussed it, but I know the mentality of 16 people that work on Wall Street. And it's just -- you know, 17 we're -- it's just an assumption of mine. 18 Q. Okay. Your firm is not a small firm. It employs over 250 19 people. 20 A. Yes. 21 Q. And I'm not asking what the firm is. But you just don't 22 know if they'll pay you or not? 23 A. Not for certain, no. 24 Q. If you didn't receive that income and -- for a four- to 25 six-month period and you just received the juror pay, $40 a SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1255 45RLSAT6 1 day, goes up to $50 a day, your -- yours is a two-income 2 household? 3 A. That's correct. 4 Q. Would the loss of your income for that period of time be a 5 serious economic hardship for you? 6 A. Yes. 7 Q. Why? 8 A. I have a mortgage. 9 Q. Okay. 10 A. And it's not so much -- again, it's the -- I don't know the 11 long-term effects of being out for such a long period of time 12 for my employer. 13 Q. Well, you know -- 14 A. And I -- 15 Q. You -- you've got to really follow my questions, because I 16 really want to take this in steps. And the reason that I want 17 to do that is the parties in the case are entitled to have a 18 jury selected from a cross-section of their community. And 19 that includes people who have responsibility jobs and who -- 20 for whom it would be an economic sacrifice to be on the jury, 21 but upon whom it would not be a serious economic hardship. And 22 people vary. And, you know, people's responsibilities vary, 23 and people's economic situation varies. But it is -- it's 24 simply a bedrock for the administration of justice that people 25 are prepared to serve as jurors and live up to the obligations SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1256 45RLSAT6 1 of citizenship even if it places -- which it does -- burdens on 2 them. Because to the extent that any person does not serve, 3 someone else will serve. And people would expect, no matter 4 what their position in society, no matter what their 5 responsibilities, that if they found themselves involved in a 6 matter that went to trial, they would expect others to step 7 forward and take on their own responsibilities. So that's why 8 I try to break this down and see whether there is serious 9 hardship. 10 So, with respect to your income, you're not sure if 11 your employer would pay. Okay. Tell me if your employer did 12 not pay, would that be serious economic hardship for you and 13 your family, given your economic situation, the other income in 14 the family -- you have to tell me that. Would it be? 15 A. Again, it would certainly have an economic impact on my 16 family. 17 Q. Sure. 18 A. And I have some anxiety over the long-term effect of that. 19 With the duration of this case as you described, I don't 20 believe my employer would do without me for six months. 21 Q. I said I was going to get to that. That's the next point. 22 A. Okay. 23 Q. I'm dealing just with the issue of income. 24 A. And what happens is -- maybe I'm not interpreting your 25 question correctly. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1257 45RLSAT6 1 Q. I'm dealing with the economic effect on you, and I just 2 want to know if you weren't paid by your employer, would that 3 be a serious economic hardship for you? 4 A. I believe it would be. 5 Q. Okay. We can then make a determination about whether your 6 employer will pay. You can ask your employer. I've asked 7 other prospective jurors to go back and answer that question. 8 But -- and you told me, very slightingly, but you told me that 9 you would have some anxiety if you served on this jury. Now, 10 you mean anxiety because you were losing that money? 11 A. The long-term effects, again, if -- 12 Q. The long-term effect on your employer? 13 A. My employment with this organization, and my career and my 14 future at this organization. 15 Q. Well, you know -- 16 A. I recognize my -- I really do. I've served on juries 17 before and I recognize my duty as a citizen, and I fully 18 respect what the whole process is. And all I am trying to 19 express is that with this particular issue on the economics of 20 it all, I just have some anxiety about that. And -- I don't 21 know how to state that any clearer. 22 Q. Okay. But you're not telling me, are you, that your 23 anxiety -- if I worked through all of these issues and I 24 decided that you should sit as a juror -- and I'm not saying 25 that that's what would happen at the end of the day -- but if SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1258 45RLSAT6 1 it were, you're not suggesting to me that your anxiety is such 2 that you would not give the parties in this case a fair trial, 3 are you? 4 A. Not from just -- not from the economics of my livelihood, 5 no. There may be other aspects about my opinions in this case 6 that may preclude that. And we'll get to that as well, I'm 7 assuming. 8 Q. Yep. Now, tell me why -- we don't sit on Fridays. We 9 don't sit beyond 4:30. We don't sit on weekends. So you would 10 be able to continue to have an ongoing presence at your firm, 11 though of course you -- the jury service would be four days a 12 week. Your firm would be able to continue to exist without you 13 for that period of time, wouldn't it? 14 A. The firm would exist, yes. The firm would certainly exist. 15 I think they would have to add additional personnel in my 16 absence. 17 Q. Okay. 18 A. I think they would be forced to. I mean, we run a pretty 19 lean shop. 20 Q. But it's not such a burden on the firm that that would be a 21 substantial burden to hire additional personnel while you were 22 on jury duty? 23 A. No, that would probably not, but what I expressed was my 24 anxiety, when the case is over, I may not be needed any longer. 25 Q. Well, the employer certainly couldn't retaliate against you SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1259 45RLSAT6 1 because you were on jury service. 2 A. I recognize that. I mean -- 3 Q. And I'm sure your employer must recognize that. That would 4 not be an astute thing for the employer to do. 5 A. Certainly not. There's -- that's true. And again, I don't 6 know definitively. I don't know definitively. I'm just 7 expressing some anxiety about that issue. 8 Q. Would -- so the firm could continue to go on while you were 9 on jury duty, and you've expressed some anxiety over what your 10 position would be, but you know your employer couldn't 11 retaliate against you, and you -- and if I decided that you 12 could serve in this case, you wouldn't hold it against the 13 other -- any of the parties here, would you? 14 A. No. No. 15 Q. And you wouldn't be other than a fair and impartial juror, 16 would you? 17 A. That's correct. 18 Q. You said that there might be another issue that in some way 19 interfered with your ability to be fair and impartial. 20 A. Yes. 21 Q. I want to make sure that you understand, I will -- I'll 22 decide the issue of hardship, and will need some input from 23 your employer. But it's very important that you respond, you 24 know, truthfully and candidly to all of my questions, and so if 25 there are concerns there, tell me what they are, but please SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1260 45RLSAT6 1 don't attempt to express anything that's other than your 2 sincerest issues with respect to your ability to be a fair and 3 impartial juror in this case and to give the parties to this 4 case the fair trial to which they're all entitled. 5 A. Certainly. 6 (Continued on next page) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1261 45RSSAT7 1 Q. What is the issue that you have as to whether you could be 2 fair and impartial? 3 A. As this case relates to the bombing of the World Trade 4 Center to some degree I am assuming from what we have talked 5 about on the first day. In the 9/11 event I had some close 6 work associates. I work downtown Wall Street, Battery Park for 7 probably most of my career, for 20 years or so, and I had some 8 personal losses in that event and while I don't know all the 9 details of where this case will go, that may trigger some 10 issues. I would like to be, and I even stated it in my 11 questionnaire, that I would be unbiased and open-minded, so I 12 have indicated that and I signed to that and I swore on that. 13 I like to believe I can. However, I do want you to know that I 14 am close to Wall Street. I am close to where that event 15 happened. I do have some personal losses, associates that were 16 tied up with the 9/11 event and that is really what I wanted to 17 state. 18 Q. Okay. 19 First, the defendants in this case are not charged 20 with anything to do with 9/11, and this case doesn't concern 21 9/11. None of the charges in this case concern 9/11. As I 22 say, the defendants are not charged with being involved in 9/11 23 and the case doesn't concern 9/11. It is possible that there 24 could be evidence in the case that concerns Bin Laden, although 25 actually there was nothing that I said in my preliminary SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1262 45RSSAT7 1 instructions that said that but it is possible since you raise 2 this, and so my question is hearing all of that, this case is 3 not about 9/11 and none of the charges in the case are related 4 to 9/11 or responsibility for 9/11. This case is not about 5 9/11. As I say, there may be evidence in the case that 6 concerns Bin Laden. Having heard all of that, could you be a 7 fair and impartial juror in this case? 8 A. I believe I have a predisposition that the defendants and 9 the whole catastrophe of the earlier bombings in I believe that 10 was in 1992, February 27th or 26th, and the most recent event 11 on 9/11 are related and despite what you are indicating, what 12 you are telling me, I am afraid I have a predisposition to 13 that. 14 Q. Would you be able to -- everyone comes into a case, 15 particularly cases that have received some publicity with ideas 16 in their mind. What the law requires is that people put any of 17 their preconceptions, anything they have seen, heard, read, 18 felt aside and decide the case based solely upon the evidence 19 or lack of evidence in the case and my instructions on the law. 20 And then the issue is whether any of the person's prior 21 exposure to anything, or feelings to anything would interfere 22 with the juror's ability to be a fair and impartial juror and 23 to decide the case based solely on the evidence or lack of 24 evidence. 25 A. I believe I could do that. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1263 45RSSAT7 1 Q. You believe you could be a fair and impartial juror? 2 A. I believe I have that in me to be able to weigh the 3 evidence as it's presented in this trial and only what is 4 present and weigh that impartially, yes. 5 Q. Do you have any doubt about your ability to do that? 6 A. Well, again, 3 sentences or 3 paragraphs ago I did say I 7 believe I also have a disposition, a predisposed disposition 8 that these parties I believe are somewhat related. However, I 9 like to believe that I can be an impartial, based upon the 10 evidence once I hear it and once I understand all the facts 11 that are involved, I would like to believe I could be unbiased, 12 open-minded, impartial. I like to believe I am that type of 13 person. However, I believe some of the defendants are related 14 in these events. That is my predisposition to this. But, 15 again, I believe I can be -- 16 Q. Do you have any question in your mind about whether based 17 upon what I told you about the case and what the allegations in 18 the case are, whether you could be fair and impartial? 19 A. I guess I cannot be fair and impartial then to answer your 20 question, unfortunately. 21 Q. You are being totally candid with me and that is all I ask 22 from you and I very much appreciate your going through this 23 with me. 24 Could you step out for a moment? 25 (Juror absent) SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1264 45RSSAT7 1 THE COURT: I am prepared to excuse the juror, yes? 2 MR. DEMBER: No objection, your Honor. 3 MR. TIGAR: No objection, your Honor. 4 THE COURT: All right. Let's call in the juror. 5 (Juror present) 6 BY THE COURT: 7 Q. Juror 256, I am going to excuse you and I want to make sure 8 that you understand that I very much appreciate your 9 participation in the process, filling out the questionnaire and 10 then responding to my questions today. All of my questions are 11 intended simply to probe to assure that the parties in the case 12 get the fair and impartial jurors to which they are entitled 13 and I very much appreciate your responses to my questions, your 14 participation in the process. I do not underestimate the 15 difficulty of the process. 16 I can assure you that you should take away from this 17 process the personal satisfaction of knowing that you have 18 performed a public service. The system can't exist without 19 people such as yourself who are prepared to participate in the 20 process and so you should take away that personal satisfaction 21 of knowing that you have performed a public service by 22 participating in the process. And so you are excused and your 23 paperwork will be taken care of through the mail and you can go 24 home and, again, I appreciate your participation in the 25 process. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1265 45RSSAT7 1 A. Thank you. 2 (Juror absent) 3 THE CLERK: 259. 4 (Juror present) 5 BY THE COURT: 6 Q. Please have a seat. 7 Good afternoon, Juror 259. Good to see you. 8 Let me ask you some preliminary questions. Since you 9 were here last has anything changed concerning your ability to 10 serve as a juror in this case or has anything occurred to you 11 or have you seen or heard anything that may affect your ability 12 to be a fair and impartial juror in this case? 13 A. No. 14 Q. It now appears that the date that the final jury will be 15 chosen in this case will be Monday, June 21st. So after today 16 it's unlikely that you will be called to come back before June 17 18th. Does that present any serious hardship for you? 18 A. No. 19 Q. Since you were here last have you spoken to anyone about 20 the case or have you looked at or listened to anything about 21 the case? 22 A. No. 23 Q. Has anyone spoken to you about the case, and that includes 24 any people here at the courthouse or any other prospective 25 jurors? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1266 45RSSAT7 1 A. No. 2 Q. While you were waiting with the other prospective jurors 3 did you or anyone you overheard discuss the case? 4 A. No. 5 Q. In answering the questionnaire you indicated that serving 6 on the jury would not cause you any economic hardship, is that 7 right? 8 A. I will lose a few days of pay a week but whatever it is, 9 right? 10 Q. Okay. 11 But that is not a serious economic hardship for you? 12 A. No. 13 Q. Okay. 14 And you mentioned that your father was in the Navy for 15 4 months, is that right? 16 A. Correct. 17 Q. And when was that? 18 A. Korean War era. 19 Q. Anything about that that would prevent from you being a 20 fair and impartial juror in this case? 21 A. No. 22 Q. You said that you were somewhat knowledgeable about the 23 history and practices of Islam and the source of that knowledge 24 was basic high school studies of the Middle East, et cetera. 25 Could you just tell me in general what the extent of your SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1267 45RSSAT7 1 knowledge is with respect to Islam? 2 A. It's one of the three primary monotheistic religions. When 3 I learned about it, they called them Muslims. Now it's Moslem 4 or Islam. That is really about it. I know they have their God 5 Allah. They use the Koran as their sacred book and that is 6 about all I really know. 7 Q. Do you recall any books or articles that you read on Islam? 8 A. Not specifically. 9 Q. Do you have any bias or prejudice towards any people from 10 the Middle East or any people of Middle Eastern descent or any 11 people of the Islamic faith? 12 A. No. 13 Q. You mentioned that you had heard something about Sheikh 14 Abdel Rahman on radio news reports. Can you tell me what you 15 recall? 16 A. If I remember, I think he was involved with the first Trade 17 Center bombing but that is if I can remember correctly that is 18 the only recollection I would have. 19 Q. Okay. 20 Is there anything which you have seen, heard or read 21 which would prevent you from being a fair and impartial juror 22 in this case? 23 A. No. 24 Q. The jurors in this case would be told that they are 25 required to decide this case based solely upon the evidence or SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1268 45RSSAT7 1 lack of evidence and my instructions on the law. Will you 2 follow that instruction? 3 A. Yes. 4 Q. And the jurors are not to consider anything which they may 5 have seen, heard or read prior to the case. They are to decide 6 the case solely on the evidence or lack of evidence. Would you 7 do that? 8 A. Yes. 9 Q. If you were chosen as a juror in this case, and I know this 10 is a little repetitious, you would be required to decide the 11 case based solely on the evidence or lack of evidence and in 12 accordance with my instructions on the law. Will you do that? 13 A. Yes. 14 Q. And as you can tell from all of these questions the 15 fundamental issue is whether there is anything in your personal 16 history or life experience that would prevent you from being a 17 fair and impartial juror in this case, so let me ask you one 18 final time whether there is anything, whether I have asked you 19 about it specifically or not, that would prevent you from being 20 a fair and impartial juror in this case? 21 A. No. 22 Q. Okay. 23 Could you step out for a moment? 24 (Juror absent) 25 THE COURT: No further questions and no challenges. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1269 45RSSAT7 1 Let's bring in Juror 259. 2 (Juror present) 3 BY THE COURT: 4 Q. Please have a seat. 5 Juror 259, you are still involved in the jury 6 selection process. What that means is that I will ask you to 7 call back on June 18th. Mr. Fletcher will give you a slip of 8 paper with a number to call back and it's very important that 9 you continue to follow my instructions. Please don't talk 10 about this case or anything to do with it. Please remember not 11 to look at, read, listen to anything about the case. If you 12 should see or hear something inadvertently, just turn away. 13 Remember please to keep an open mind until, as I tell the 14 jurors, they have heard all of the evidence, I have instructed 15 them on the law and they have gone to the jury room to begin 16 their deliberations. Fairness and justice requires that you do 17 that. All right? 18 A. Yes. 19 Q. Good to see you. 20 A. Thank you. 21 (Juror absent) 22 THE CLERK: 268. 23 (Juror present) 24 THE COURT: Juror 257 was notified that the juror is 25 excused. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1270 45RSSAT7 1 BY THE COURT: 2 Q. Good afternoon. 3 A. Good afternoon. 4 Q. Good to see you, Juror 268. 5 Juror 268, I have a few preliminary questions. Since 6 you were here last has anything changed concerning your ability 7 to serve as a juror in this case or has anything occurred to 8 you or have you seen or heard anything that may affect your 9 ability to be a fair and impartial juror in this case? 10 A. No. 11 Q. It now appears that the date that the final jury will be 12 chosen in the case will be Monday, June 21st. So after today 13 you won't have to call back until June 18th. Does that present 14 any serious hardship for you? 15 A. No. 16 Q. Since you were here last have you spoken to anyone about 17 the case or have you looked at or listened to anything about 18 the case? 19 A. I read an article in the New York Law Journal the next day 20 that listed there was a series of jurors that came in for the 21 purpose of this trial and that was it. 22 Q. Okay. 23 Was that the article the day after you were called 24 into sign the questionnaire? 25 A. Yes. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1271 45RSSAT7 1 Q. Did you read the article? Or did you read the headline? I 2 am just curious because I had told you not to look at -- 3 A. Someone brought -- I work in a law firm and someone brought 4 the article into my office and said, oh, did you know da, da, 5 da, and I said that is not my case and they read it and I read 6 the title and I knew what it was. 7 Q. Did you talk to the other person about the case? 8 A. No. 9 Q. Okay. 10 Did you learn anything in that article that you didn't 11 already know? 12 A. No. 13 Q. Is there anything about that article that would -- 14 A. I didn't read the whole article so I really don't know. 15 But the title stated exactly what had happened, that jurors 16 came to be selected for the Lynne Stewart case which I knew 17 immediately to say that wasn't what I went for. People knew I 18 went for jury duty because I wasn't in the office. 19 Q. And you put them off by saying that wasn't your case, okay. 20 A. Right. 21 Q. And I appreciate your bringing that to my attention. 22 A. Sure. 23 Q. Has anyone spoken to you about the case? 24 A. No. 25 Q. And that includes any conversations here at the courthouse SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1272 45RSSAT7 1 or with any other prospective jurors? 2 A. Correct. 3 Q. While you were waiting with the other prospective jurors, 4 did you or anyone you overheard discuss the case? 5 A. No. 6 Q. You mentioned that you work now for a law firm. Could you 7 tell me what the general nature of the law firm's work is? 8 Don't tell me the name of the law firm but the general nature, 9 is it general corporate practice or litigation or both? 10 A. Both. 11 Q. Both. A big firm? 12 A. Yes. 13 Q. Okay. 14 Does the firm do any criminal defense work? 15 A. Yes. 16 Q. Okay. 17 You had also been at a prior law firm for about 2 and 18 a half years? 19 A. Correct. 20 Q. And, again, don't tell me the name of the law firm but what 21 kind -- 22 A. Tax law. 23 Q. That was a tax law firm? 24 A. Yes. 25 Q. And it was a smaller firm? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1273 45RSSAT7 1 A. Correct. 2 Q. Did they do any criminal defense work? 3 A. There was pending litigation for a few individuals 4 regarding some Internal Revenue officer cases that had come but 5 we never went to court. But they were barred in the U.S. Tax 6 Court and the Court of Appeals. 7 Q. Okay. 8 You mentioned that your mother was employed as a 9 secretary. Could you tell me the general nature of the 10 business or organization where your mother was a secretary? 11 A. Insurance company. 12 Q. Okay. 13 You mentioned that you had a friend who sued the 14 government for Workers Compensation? 15 A. Yes. 16 Q. And then you put down a friend's parent. 17 A. It's the same, a friend's parent. 18 Q. Who sued for Workers Comp? 19 A. Yes, he was a Clerk of the Court and he was injured on his 20 lunch break where a shelving unit fell on his head and his 21 father sued the court and the county in Westchester County. 22 Q. The father sued on behalf of the son? 23 A. No, the matter was the person injured, my friend's father, 24 the parent sued. 25 Q. So it's the parent who sued for the Workers Comp? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1274 45RSSAT7 1 A. Correct. He was a court officer or a clerk. 2 Q. Okay. 3 You mentioned that you took CLE classes at the law 4 firm. 5 Can you tell me the general nature of the CLE classes? 6 A. Everything from ethics to very in-depth detailed document 7 oriented related to my specialization. 8 Q. Which is project finance? 9 A. Yes. 10 Q. You mentioned that you have a friend who interned at the 11 Department of Justice. By the way, before I get to that, you 12 mentioned that you have friends who are lawyers and that you 13 have -- is it a friend who is a court clerk? 14 A. Yes. 15 Q. And when you say a court clerk, are you referring to a law 16 clerk or a court officer? Is it a law clerk to a judge or is 17 it a court officer who assists the court, like a deputy clerk? 18 A. Well, I know people have clerks for judges but the person I 19 am speaking of is a clerk in the federal court in White Plains. 20 I don't know exactly her position but I believe it's called 21 Clerk of the Court. 22 Q. Okay. 23 A. Where they do filing and organization, probably some of the 24 people who work here. 25 Q. I understand. I was just trying to get a better SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1275 45RSSAT7 1 understanding. 2 A. I am sorry, I wish I knew exactly what she did. 3 Q. No, you have explained it perfectly. 4 You mentioned that you have a friend who interned at 5 the Department of Justice. Do you know what division of the 6 department? 7 A. I do not. 8 Q. And when was that? 9 A. In 1997. 10 Q. Okay. 11 And you have a friend who is at Bronx Legal Aid? 12 A. Yes. 13 Q. Is that friend a lawyer? 14 A. A social worker. She is a social worker. 15 Q. Okay. 16 And is there anything about any of your relationships 17 with all of these lawyers or anything that you discussed with 18 any of those lawyers or people involved in the legal process 19 that would prevent you from being a fair and impartial juror in 20 this case? 21 A. I don't believe so. 22 Q. Do you have any reason to doubt whether you would be fair 23 and impartial in this case? 24 A. Other than the fact that I work in a law firm and I am 25 familiar with the law, no. I might have an advantage over SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1276 45RSSAT7 1 other people but I don't think that I would be impartial or 2 biased. 3 Q. You don't think you would -- you believe that you would be 4 impartial and unbiased. 5 A. Correct. 6 Q. Let me explore for a moment the fact that you work at a law 7 firm and that you have friends who are lawyers and you have 8 attended CLE classes. 9 Lawyers indeed sit on juries. The fundamental 10 principle for anyone who has some familiarity with the law, 11 whether they are a lawyer or they get their familiarity from 12 some other source, the fundamental point is that the jurors 13 must take their instructions on the law from the court, from 14 me. And the jurors are not to second guess what I say that the 15 law is and the jurors are not to substitute their view for what 16 the law is or what the law should be, but what I say that the 17 law is. So to that extent you really don't have any advantage 18 over any of the other jurors because you and everyone else on 19 the jury would have to take what I say that the law is. You 20 couldn't bring to the jury box a thought that you had heard 21 something else from another lawyer or you had heard something 22 in a course. Any legal principles, any instructions on the law 23 you would be required to follow what I say that the law is. 24 And would you do that? 25 A. Yes, I would. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1277 45RSSAT7 1 Q. And would you follow the law as I tell you that the law is? 2 A. Yes. 3 Q. And would you do that even if you disagree with it? 4 A. Yes. 5 Q. And do you have any question in your mind that you would do 6 that? 7 A. No. 8 Q. That actually brings us to another question, which is I 9 told you on the form that -- on the questionnaire, that there 10 may be evidence in the case of recorded conversations between 11 attorneys and their client and I asked whether there is 12 anything about that that would prevent you from rendering a 13 fair and impartial verdict based solely on the evidence and you 14 said yes, the information is privileged. 15 Let me explain something. 16 There are legal principles involved in determining 17 whether there is a privilege and whether there are exceptions 18 to the privilege and as I sometimes tell jurors in explaining 19 to them some rules of evidence, including hearsay, there is a 20 lot of law out there and the jurors don't have to worry about 21 that. I explain to them the law that they need to know for the 22 trial. 23 A. All right. 24 Q. And so on this subject if -- it's for me to determine 25 whether evidence is admitted in court and if it's admitted, SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1278 45RSSAT7 1 then the jurors can consider it and the jurors have to decide 2 whether based upon the evidence or lack of evidence the 3 government has proven the charges in the indictment beyond a 4 reasonable doubt. It's not up to the jurors to second guess my 5 rulings on the law as to whether that evidence should have gone 6 in, whether it's privileged or not privileged, whether there 7 are any exceptions or anything like that. The jurors listen to 8 the evidence. I decide whether the evidence gets admitted. Do 9 you understand that? 10 A. Yes. 11 (Continued on next page) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1279 45RLSAT8 1 BY THE COURT: 2 Q. And will you follow those instructions? 3 A. Yes, I will. 4 Q. And is there anything then about the fact that some of the 5 evidence in the case may be conversations between attorneys and 6 their clients, is there anything about that that would prevent 7 you from being a fair and impartial juror? 8 A. If you as a judge are instructing the jury to review 9 evidence because you deem it to be evidence that we are allowed 10 to review? I have no problem whatsoever reviewing that 11 evidence. Do I believe there is a privilege between attorneys 12 and clients? Yes, I do. 13 Q. All right. Do you understand that there are also, just to 14 make something further clear, there is -- you say you believe 15 that there is such a thing as an attorney/client privilege. 16 There is such a thing as an attorney/client privilege. There 17 are then questions whether materials are covered by that 18 privilege, whether there are exceptions to that privilege. As 19 with other issues of law and other issues with respect to the 20 admissibility of evidence, it's up to the Court to pass on 21 that. 22 So if I admit evidence and you thought the evidence 23 was covered by what you thought was the attorney/client 24 privilege, if I admitted that evidence, would you consider that 25 evidence along with all the other evidence in the case without SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1280 45RLSAT8 1 distinction? 2 A. Yes, I would never doubt whatever you told me was 3 admissible. 4 Q. Is there anything about the fact that there may be 5 evidence, in the case of conversations between attorneys and 6 their client, anything about that that would prevent you from 7 being a fair and impartial juror and considering that evidence 8 along with all the other evidence in the case? 9 A. Not if I'm instructed to consider it, no. 10 Q. All right. And I tell jurors in the course of a trial that 11 I rule on issues of law and they're there to consider evidence 12 that's admitted, unless I tell them that it's -- that they're 13 not to consider it, that I strike it. And there are other 14 principals of law that I give throughout the trial. So it's 15 very important to me that you will follow my instructions on 16 the law. Will you do that? 17 A. Yes, I will. 18 Q. You've traveled extensively. Is there anything about any 19 of your travels that would prevent you from being a fair and 20 impartial juror in this case? 21 A. No, I don't believe so. 22 Q. You mention that you have a coworker and a friend from 23 Kuwait and Egypt. Is there anything about that that would 24 prevent you from being a fair and impartial juror in this case? 25 A. No. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1281 45RLSAT8 1 Q. And you've told us that you have friends who have visited 2 Egypt, Israel, Palestine, Jordan. Anything like that that 3 would prevent you from being fair and impartial in this case? 4 A. No. 5 Q. Do you have any biases or prejudices towards people of 6 Middle Eastern descent or the Islamic faith? 7 A. No. 8 Q. You told us that you were somewhat knowledgeable about the 9 history and practices of Islam. Could you tell me what the 10 basis for that knowledge is? 11 A. In undergraduate I took a class called The Five Pillars of 12 Islam. It's very general. 13 Q. That's the source of your knowledge? 14 A. Right. 15 Q. Anything about that that would prevent you from being a 16 fair and impartial juror in this case? 17 A. No. 18 Q. If you were chosen as a juror in this case, you would be 19 required to decide this case based solely on the evidence or 20 lack of evidence and in accordance with my instructions on the 21 law. Will you do that? 22 A. Yes, I will. 23 Q. As you can tell from all of these questions, the 24 fundamental issue is whether there's anything in your personal 25 history or life experience that would prevent you from being a SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1282 45RLSAT8 1 fair and impartial juror in this case. So let me ask you one 2 final time whether there's anything, whether I've asked you 3 about it specifically or not, that would prevent you from being 4 a fair and impartial juror in this case? 5 A. No, there isn't. 6 Q. Okay. Could you step out, please? 7 A. Thanks. 8 (Juror absent) 9 MR. TIGAR: Your Honor, we have no concerns about this 10 juror's ability to be fair. I would ask the Court to consider 11 giving her an additional instruction and that is would she 12 undertake not to speculate about the basis for the Court's 13 rulings on the admissibility of evidence. 14 THE COURT: Oh, sure. 15 MR. TIGAR: The reason -- 16 THE COURT: No -- 17 MR. TIGAR: Attorney/client privilege, I didn't want 18 her to start thinking crime/fraud or something like that while 19 she was wandering about. 20 THE COURT: Sure. 21 Any other questions, any challenges? 22 MR. DEMBER: No. 23 THE COURT: Okay, sure. 24 (Juror present) 25 BY THE COURT: SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1283 45RLSAT8 1 Q. Hi. 2 A. Hi. 3 Q. Let me follow up on one additional thing and then give you 4 some instruction. I discussed in the course of my discussion 5 with you, lots of different issues of law. And it's important 6 that you not speculate or second-guess about what my rulings on 7 law are or would be and what the basis for them is. I always 8 attempt in the course of a trial to explain to jurors as best I 9 can what the law is for them to follow. But they're not to 10 speculate as to what the reasons for any of my rulings are or 11 what the basis for the law is. And so will you simply not 12 speculate or second guess about anything that I tell you about 13 the law? 14 A. Will I not do that? Yes, I will not do that. 15 Q. Okay. 16 A. I'm not a lawyer. 17 Q. No, no, I know that. 18 A. Okay. 19 Q. I know that. And will you follow the law? 20 A. Yes, I will. 21 Q. I'll -- you're still involved in the jury selection 22 process. And so you should call back on June the 18th. 23 Mr. Fletcher will give you a slip, will tell you who to call 24 back. And again, you've really scrupulously followed my 25 instructions, and please continue to do that. Don't talk about SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1284 45RLSAT8 1 this case at all with anyone. If anyone tries to talk to you, 2 simply turn away. Don't look at, listen to, anything to do 3 with the case. If you should inadvertently see or hear 4 something, just turn away. Remember, always, as I'll tell the 5 jurors, don't -- rather, keep an open mind. You must keep an 6 open mind until you've heard all the evidence, I've instructed 7 you on the law and you've gone to the jury room to begin your 8 deliberations. Fairness and justice requires that you do that. 9 All right? 10 A. All right. 11 Q. Okay. Nice to see you. 12 (Juror absent) 13 THE COURT: All right. 14 DEPUTY CLERK: That's it. 15 THE COURT: Okay. I will see -- I had given you -- I 16 know I've gotten the defendant's next 20. I indicated 20 17 today, 20 tomorrow. And I think 20 on Monday. 18 I will see you all at 9:15 on Monday morning. 19 MR. DEMBER: Don't you mean Tuesday, your Honor? 20 THE COURT: Yes, Tuesday morning. 21 MR. DEMBER: Before we adjourn for the day, you had 22 asked us this morning whether we were taking a position with 23 respect to the juror who named -- or actually the juror who 24 named a coworker in her questionnaire, Juror 217. 25 THE COURT: Right. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 1285 45RLSAT8 1 MR. DEMBER: And I think the request was made maybe by 2 the defense that the jury clerk check to see whether that 3 person who was named in Juror 217's questionnaire -- whether 4 that person is still amongst the panel of jurors that we're 5 still considering or haven't seen yet and we have no objection 6 to the jury clerk doing that. 7 THE COURT: Okay. And the defendants want me to do 8 that? 9 MR. TIGAR: Yes, your Honor. 10 THE COURT: Okay. I'll have either Mr. Price or 11 Mr. Grate do that and get back to you the early part of next 12 week. Okay. Anything else? All right. 13 See you all on Tuesday morning, 9:15. 14 (Adjourned to Tuesday, June 1, 2004, @ 9:15 a.m.) 15 o 0 o 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300
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