14 March 2001
Source: Digital file from the Court Reporters Office, Southern District of
New York; (212) 805-0300.
This is the transcript of Day 18 of the trial, 14 March 2001.
See other transcripts: http://cryptome.org/usa-v-ubl-dt.htm
2578
1 UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
2 ------------------------------x
3 UNITED STATES OF AMERICA
4 v. S(7) 98 Cr. 1023
5 USAMA BIN LADEN, et al.,
6 Defendants.
7 ------------------------------x
8
New York, N.Y.
9 March 14, 2001
9:50 a.m.
10
11
12 Before:
13 HON. LEONARD B. SAND,
14 District Judge
15
16
17
18
19
20
21
22
23
24
25
2579
1 APPEARANCES
2 MARY JO WHITE
United States Attorney for the
3 Southern District of New York
BY: PATRICK FITZGERALD
4 KENNETH KARAS
PAUL BUTLER
5 Assistant United States Attorneys
6
ANTHONY L. RICCO
7 EDWARD D. WILFORD
CARL J. HERMAN
8 SANDRA A. BABCOCK
Attorneys for defendant Mohamed Sadeek Odeh
9
FREDRICK H. COHN
10 DAVID P. BAUGH
LAURA GASIOROWSKI
11 Attorneys for defendant Mohamed Rashed Daoud Al-'Owhali
12 DAVID STERN
DAVID RUHNKE
13 Attorneys for defendant Khalfan Khamis Mohamed
14
SAM A. SCHMIDT
15 JOSHUA DRATEL
KRISTIAN K. LARSEN
16 Attorneys for defendant Wadih El Hage
17
18
19
20
21
22
23
24
25
2580
1 (Trial resumed)
2 (Jury not present)
3 THE COURT: While we are waiting for the jury to
4 assemble --
5 MR. WILFORD: Excuse me, your Honor. There is no
6 attorney for Mr. Al-'Owhali.
7 THE COURT: I think this can fairly be done in his
8 absence. I have been looking at the requests to charge just
9 very preliminarily, and I see that there is a request to
10 charge as to aiding and abetting with respect to the use and
11 carrying of a weapon. I have just sort of been brooding about
12 whether you can aid and abet -- does weapon here include
13 firearms?
14 MR. FITZGERALD: It is defined to include a bomb.
15 THE COURT: Yes, but not a pistol?
16 MR. FITZGERALD: It is with reference to the bomb,
17 not the pistol.
18 THE COURT: Only to the bomb?
19 MR. FITZGERALD: Yes.
20 THE COURT: All right. So we are missing counsel for
21 Al-'Owhali. It isn't 10:00.
22 (Pause)
23 THE COURT: Let's bring in the jury, please. The
24 next witness can take the stand. Is the Odeh closing motion
25 fully submitted?
2581
1 MR. RICCO: It is fully submitted.
2 MR. FITZGERALD: Your Honor, there are a number of
3 witnesses who do not wish to be sketched. I think we have
4 handed up a list. I think all the nonlaw enforcement
5 witnesses prefer not to be sketched. The law enforcement
6 witnesses start with Schumaker. So I think it is Mitsugi,
7 Sultan, Sadaalli, Kisingo, Rashid, Said, Salum, Hamisi,
8 Selemani, and Salum do not wish to be sketched. I will hand
9 spellings to the court reporter.
10 THE COURT: I don't know if sketch artists are in the
11 courtroom, but please advise them.
12 MR. BAUGH: Your Honor, I apologize. I had an
13 argument on the telephone with the Court of Appeals in
14 Virginia at 9.
15 THE COURT: Thank you.
16 (Jury present)
17 THE COURT: Good morning again. The government may
18 call its first witness.
19 MR. KARAS: Good morning, your Honor. The government
20 calls Satoshi Mitsugi.
21 SATOSHI MITSUGI,
22 called as a witness by the government,
23 having been duly sworn, testified as follows:
24 (Interpreter Eugene Nakada was previously sworn as
25 the Japanese interpreter.)
2582
1 DIRECT EXAMINATION
2 BY MR. KARAS:
3 Q Good morning, sir.
4 A Good morning.
5 Q Can you tell us how you are employed currently.
6 A Currently at Daimler Chrysler in Japan.
7 Q What do you do for Daimler Chrysler in Japan?
8 A I am involved in fleet sales of vehicles, commercial
9 vehicles.
10 Q Before you worked for Daimler Chrysler, where did you
11 work?
12 A I worked for Nissan Diesel Motor Company.
13 Q Can you tell us about your educational background.
14 A In 1978, I graduated from the Hokkaido University. I
15 majored in mechanical engineering.
16 Q Did you start working for Nissan after you graduated from
17 the university?
18 A Yes, since 1978.
19 Q When did you stop working for the Nissan company?
20 A In the year 2000.
21 Q Between 1978 and 2000, can you tell the jury what you did
22 for the Nissan company.
23 A From 1978 I was involved in the research and development
24 department of diesel engines. From 1982 I was the processing
25 engineer at the assembly plant of diesel engines.
2583
1 Q Can you tell us a little bit more about what you did for
2 Nissan.
3 A From 1986 I was involved as a processing engineer of
4 export models of vehicles. From 1996 I was assigned to the
5 Nissan Diesel Company at Dallas, Texas, where I was involved
6 in service, technical service matters.
7 Q In the course of your work for Nissan, did you become
8 familiar with a model called the Nissan Atlas?
9 A Yes.
10 Q Can you tell us what a Nissan Atlas is?
11 A A payload has two tons. It has a diesel engine and what
12 we call cab-over configuration.
13 Q Is it a truck?
14 A Yes.
15 Q May we display just for the witness and counsel, please,
16 Exhibit 1175. Mr. Mitsugi, if you could look at the screen to
17 your left and tell us what that is a picture of?
18 A It's a 2-ton Nissan Atlas truck.
19 Q Is that a fair and accurate depiction of a Nissan Atlas
20 model around 1987?
21 A Yes.
22 MR. KARAS: Your Honor, at this time we offer Exhibit
23 1175.
24 MR. WILFORD: No objection.
25 THE COURT: Received.
2584
1 (Government's Exhibit 1175 received in evidence)
2 Q Mr. Mitsugi, if you could just tell us what is at the top
3 of the container, the front top of the container?
4 A Appears to be part of a refrigeration equipment.
5 Q Was the Nissan Atlas designed so that it could be used as
6 a refrigeration unit, refrigeration truck?
7 A Yes, it was.
8 Q Mr. Mitsugi, did there come a time that you were asked by
9 officials from the Federal Bureau of Investigation to inspect
10 some vehicle parts?
11 A Yes. It was the spring of 1999 when I came to Washington.
12 Q Did you go to the FBI laboratory?
13 A Yes.
14 Q Were you able to identify from the pieces that you
15 observed pieces that belonged to a Nissan vehicle?
16 A Yes, I was able to.
17 MR. KARAS: If we could display Government's Exhibit
18 1175 to everybody, 1175A.
19 Q Mr. Mitsugi, on the screen is displayed in evidence 1175A.
20 Can you tell us what that is a picture of?
21 A The question is, should I mention who helped me work on
22 this project?
23 Q If you could just tell us what it is that is depicted on
24 this picture, based on what you know.
25 A These are Atlas components and parts that I picked out
2585
1 from a stack of automobile components.
2 MR. KARAS: Your Honor, may I ask that the witness be
3 allowed to step down and approach the table?
4 THE COURT: Yes.
5 Q Mr. Mitsugi, if you will, if you could step down here. I
6 believe, sir, there is a pair of gloves, if you would like.
7 Mr. Mitsugi, if you could just pick up that frame
8 piece that is just to your left. Yes. Sir, if you could tell
9 us what that is, which for the record is Government's Exhibit
10 1116.
11 A This belongs to an Atlas front right.
12 Q When you say front right side, where in the vehicle would
13 it have been? Is it a front chassis piece, frame piece? What
14 is it?
15 A This is part of a frame.
16 Q How is it that you are able to recognize that as a part of
17 an Atlas?
18 A We have the part number stamped on the middle which
19 indicates that it is an Atlas component.
20 Q Can you just read out what the part number is that is on
21 that piece.
22 A MH40060500.
23 Q Can you tell us what the MH40 represents.
24 A M, the first letter M stands for diesel engine. H40 means
25 that it is an Atlas.
2586
1 Q And the remaining numbers symbolize what?
2 A The rest is the production serial number.
3 Q If you could take a look at what has been marked as
4 Government's Exhibit 1114. Can you tell us what that piece
5 is, sir.
6 A This is a part of a cylinder block of an engine.
7 Q Is there any identifying information on that piece that
8 tells you what type of engine that the cylinder block goes
9 with?
10 A It shows the model number and the serial number.
11 Q Based on that model and serial number, can you tell us
12 what type of engine goes with that piece?
13 A 3.3-liter, 4-cylinder diesel engine.
14 Q Can you tell us whether or not that is the type of engine
15 that was used in a Nissan Atlas around 1987?
16 A As I mentioned earlier, it says M on the chassis, and that
17 refers to this engine, which is the diesel engine.
18 Q Thank you. You can put those down.
19 Over here, the rear axle piece that is marked, for
20 the record, as Government's Exhibit 1126, can you tell us if
21 you recognize that piece?
22 A This is called a rear axle housing, and this is on the
23 left side.
24 Q Is it the type of piece that was used in a Nissan Atlas in
25 1987?
2587
1 A Yes.
2 Q Just so the right of that, yes, which, for the record is
3 marked as Government's Exhibit 1119, can you tell us -- if you
4 could lift that up and show the jury and tell them what kind
5 of piece that is.
6 A This is a disk wheel.
7 Q Can you tell whether or not it is the front or rear wheel?
8 A It's hard to identify because front and rear are the same.
9 Q Can you tell how it is that you know that was the type of
10 wheel that was used in a Nissan Atlas?
11 A Here is a part number is stamped, the size is stamped.
12 That's how I can tell. It shows that it is 16-inch.
13 Q Finally, Mr. Mitsugi, do you see an engine block?
14 A That is it.
15 Q For the record, that should be Exhibit 1121.
16 A Yes.
17 Q Can you tell whether or not that is the type of engine
18 block that was used in a Nissan Atlas in around 1987?
19 THE COURT: I believe the witness nodded his head.
20 The answer to the last question is?
21 A Could you repeat the question one more time.
22 Q Sure. The engine block that you just viewed, Mr. Mitsugi,
23 is that the type of engine block that was used in a 1987
24 Nissan Atlas?
25 A Yes.
2588
1 MR. KARAS: Thank you.
2 THE COURT: Anything further of this witness? Mr.
3 Wilford, on behalf of the defendant Odeh.
4 CROSS-EXAMINATION
5 BY MR. WILFORD:
6 Q Good morning, Mr. Mitsugi.
7 A Good morning.
8 Q How are you doing?
9 A Good.
10 MR. WILFORD: Would the government be kind enough to
11 display 1175.
12 Q Looking at 1175, the area over the bed of the truck, the
13 container portion, the cargo portion, that container is made
14 of metal; isn't that correct?
15 A Container, the container portion was not manufactured by
16 Nissan company, so I could not determine from this drawing.
17 Q Does Nissan manufacture trucks that have, Atlas trucks
18 that have a container?
19 THE INTERPRETER: Could you kindly repeat that.
20 Q Yes. Does Nissan manufacture Atlas trucks that have a
21 container?
22 A I can say that the Nissan truck itself and the truck bed
23 is manufactured by Nissan, but the body -- the container is
24 manufactured by some other manufacturer.
25 Q So that's an after-market add-on, it is something that the
2589
1 purchaser would put on himself?
2 A There are many ways that is done. Some will install, buy
3 the truck and install the container on their own after market,
4 or they can ask us to install a certain particular model
5 container.
6 Q When you are asked to install a container and Nissan
7 installs a container, what is the material that the container
8 is constructed of?
9 A Judging just from the drawing we have here, it appears to
10 be a refrigerator container and refrigerator container body,
11 usually made by aluminum.
12 Q Aluminum is a rather lightweight metal; isn't that
13 correct?
14 A Yes.
15 Q And the parts that you described on the table here that
16 are in evidence, parts of the truck, for instance, the frame
17 and this portion of the wheel, they are all constructed from
18 much heavier, denser metals; isn't that correct?
19 A Yes.
20 MR. WILFORD: Thank you. Nothing further.
21 THE COURT: Anything further of this witness?
22 MR. KARAS: No, your Honor.
23 THE COURT: Thank you. You may step down.
24 (Witness excused)
25 THE COURT: The government may call its next witness.
2590
1 MR. KARAS: Your Honor, at this time the government
2 would play the video that is marked as Government's Exhibit 84
3 that was put in evidence after the reading of the stipulation
4 yesterday.
5 (Government's Exhibit 84 in evidence played)
6 MR. KARAS: Your Honor, at this time I would like to
7 read what has been marked for identification as a stipulation
8 marked as Exhibit 54. It is hereby stipulated and agreed by
9 and between the parties as follows:
10 1. If called as a witness, N.N. Pallangyo would
11 testify as follows:
12 A. He is a medical doctor who received his medical
13 degree in 1971 from Kampala Makerere University. From 1971
14 until 1976, Dr. Pallangyo worked for the Ministry of Health in
15 Dar es Salaam, Tanzania, where he occasionally performed
16 autopsies. In 1981, Dr. Pallangyo received a degree in
17 forensic pathology from the University of London. Since 1981,
18 Dr. Pallangyo has been employed by the Tanzanian Ministry of
19 Health as a medical examiner. In his duties as a medical
20 examiner, Dr. Pallangyo performs autopsies on corpses to
21 determine the cause of death. In his 20 years as a medical
22 examiner, Dr. Pallangyo has examined persons who were killed
23 by explosive devices.
24 B. Between August 7 and August 11, 1998,
25 Dr. Pallangyo was asked to perform autopsies on 10 individuals
2591
1 at the Muhimbili Medical School in Dar es Salaam, Tanzania.
2 In summary, all the persons listed below were determined to
3 have to have been killed by injuries resulting from a bombing.
4 C. The bodies examined by Dr. Pallangyo were
5 identified by family members as the following individuals:
6 Abdurahman Abdulla, age 29, male.
7 Elias Elisha, age 25, male.
8 Hassan Siyad Halane, age 39, male.
9 Ramadhani Mahundi, age 45, male.
10 Abdhallah Mohamed, age 34, male.
11 Abas William Mwila, age 34, male.
12 Shamte Yusuph Ndange, age 50, male.
13 Omari Yusufu Nyumbu, age 21, male.
14 Mtendeje Rajabu, age 31, female.
15 Dotto Selemani, age 27, male.
16 2. The individuals listed above were found within or
17 in the vicinity of the United States Embassy located at 40
18 Laibon Road, Dar es Salaam, Tanzania, during the late morning
19 of August 7, 1998.
20 3. Forensic examination has determined that a person
21 identified as Said Rogathi, a male, also perished in the
22 vicinity of the United States Embassy during the morning of
23 August 7, 1998.
24 A copy of the forensic report detailing the analysis
25 has been marked as Government's Exhibit 1171.
2592
1 If called to testify as a witness, other doctors from
2 Dar es Salaam, Tanzania, would testify that approximately 85
3 persons who were in the vicinity of the American Embassy in
4 Dar es Salaam, Tanzania, during the morning of August 7, 1998,
5 were injured as a result of a large explosion.
6 Your Honor, the government moves Exhibit 54 into
7 evidence.
8 (Government's Exhibit 54 received in evidence)
9 MR. KARAS: Next, your Honor, is a stipulation marked
10 for identification as Exhibit 55. It is hereby stipulated and
11 agreed by and between the parties that the following persons
12 killed in the bombing of the American Embassy in Dar es
13 Salaam, Tanzania, on August 7, 1998, were officers or
14 employees of the United States government engaged in the
15 performance of official duties within the meaning of Title 18,
16 United States Code, section 1114. Shamte Yusuph Ndange and
17 Said Rogathe.
18 At this time, your Honor, we move Exhibit 55 into
19 evidence.
20 THE COURT: Received.
21 (Government's Exhibit 55 received in evidence)
22 MR. KARAS: At this time, your Honor, the government
23 calls Mohamed Sultan.
24 (Continued on next page)
25
2593
1 MOHAMED ZAIDI,
2 called as a witness by the government,
3 having been duly sworn,
4 testified through the interpreter, as follows:
5 DIRECT EXAMINATION
6 BY MR. KARAS:
7 Q Good morning, sir.
8 A Good morning.
9 Q Can you tell us what country you're from?
10 A Tanzania.
11 Q And in what city do you live?
12 A Dar es Salaam.
13 Q What kind of business are you in, sir?
14 A Small business. My occupation mostly the driver is a
15 driver.
16 Q Back in 1998 were you also in business for yourself?
17 A Yes.
18 Q And as part of your business did there come a time that
19 you purchased a Nissan truck?
20 A Yes.
21 Q Can you tell us when approximately you purchased that
22 truck?
23 A June 17, 1998.
24 Q And can you tell us, if you remember, how much you paid
25 for that truck?
2594
1 A Tanzania shilling 3,500,000.
2 Q For what specific purpose did you purchase the truck?
3 A To help me to do which is more business with my family.
4 Q Do you recall the registration number of the truck, the
5 license plate number?
6 A Yes.
7 Q What was it?
8 A SL6134.
9 Q Can you describe what the truck looked like?
10 A Yes. I have covered and was a cabin and the box board in
11 the back and was like a fridge.
12 Q Did there come a time, sir, that you sold that truck?
13 A Yes.
14 Q Do you remember what month that was?
15 A It was July.
16 Q Of what year?
17 A 1998.
18 Q How many people did you sell the truck to?
19 A Two people.
20 Q How many days did the transaction take to be completed?
21 A Two days.
22 Q Can you tell us what happened on the first day of the
23 transaction?
24 A The first day I took $500 deposit from them.
25 Q Where did you meet them?
2595
1 A I met them at the Masamal, that's where I was doing my
2 business.
3 Q That a section within Dar es Salaam?
4 A Yes.
5 Q Can you tell us whether or not the truck needed any
6 mechanical work that day?
7 A Yes.
8 Q What type of work was done on the truck that day?
9 A The brake system.
10 Q And you mentioned earlier something about $500. Can you
11 tell us what that was?
12 A Well, the deposit for them to sell the car that next day
13 we can finish our transaction.
14 Q At that time was there an agreed to price for the truck?
15 A Yes.
16 Q What was the agreed to price?
17 A Tanzanian shilling, 4,300,000 shillings.
18 Q You mentioned that everybody had agreed to meet the next
19 day?
20 A Yes.
21 Q Can you tell us what happened on the next day? Were you
22 able to meet them?
23 A I met them, but not the right time.
24 Q Did you go to the place where you thought you were going
25 to meet them?
2596
1 A Yes.
2 Q And were they there?
3 A No.
4 Q What did you do to try to find them?
5 A I saw the person who was introduced me to this people
6 who's like a broker.
7 Q And what did you and the broker do?
8 A We left there and went somewhere where we were hoping we
9 would find them.
10 Q An where did you go?
11 A We went to area of Teracu at the area of which one of them
12 was doing some business there.
13 Q Teracu is a section within Dar es Salaam?
14 A Yes.
15 Q Was the person you were looking for at that business
16 location?
17 A No, we didn't find them.
18 Q So then what did you and the broker do?
19 A We went to one of the house to which we knew that that's
20 the house where that person lived one of them.
21 MR. KARAS: At this time if we could display for the
22 witness and counsel exhibit 1300.
23 Q Mr. Zaidi, if you can take a look to your left there on
24 the screen and tell us whether or not you recognize that
25 picture?
2597
1 A Yes.
2 Q What is that a picture of?
3 A This is a house we went to look for one of the guys who
4 came over to see us.
5 MR. KARAS: At this time, your Honor, we offer
6 Government Exhibit 1300.
7 MR. RUHNKE: No objection.
8 (Government's Exhibit 1300 received in evidence.
9 Q Did you find the person were you looking for there?
10 A No.
11 Q So what did you and the broker do next?
12 A The broker told me, let's go to the hotel. One of them
13 was living at the hotel.
14 Q Do you remember the name of the hotel you went to?
15 A Yes.
16 Q What was the name of the hotel?
17 A Al Noor.
18 Q Did you find the two people you were looking for there?
19 A No.
20 Q What do you do next?
21 A The broker went in other area to look for these people and
22 myself I went to the mechanic to look for them when we were
23 fixing the car before that day.
24 Q And did one of the prospective buyers eventually show up
25 at the mechanic?
2598
1 A Yes.
2 Q Then what happened?
3 A We came to the hotel to finish our transaction.
4 Q Did you find the second person involved in the
5 transaction?
6 A Yes.
7 Q Now, did there come a time that you learned the names of
8 one of the buyers?
9 A Yes.
10 Q And what was the name you learned?
11 A Ahmed.
12 Q Was Ahmed tall or short?
13 A Short.
14 Q The other person, did you learn his name?
15 A No.
16 Q And was he tall or short?
17 A Tall.
18 Q Where did you complete the transaction?
19 A Right there at the Hotel Al Noor.
20 Q I'm sorry, at the Al Noor Hotel?
21 A At Al Noor Hotel.
22 Q Where within the Al Noor Hotel did you complete the
23 transaction?
24 A Inside the room.
25 Q Do you remember which room?
2599
1 A Yes.
2 Q What room?
3 A Number 24.
4 Q Did the room belong to the tall person or the short
5 person?
6 A It was a room looked like for the tall guy.
7 Q What happened inside the tall guy's room?
8 A We wrote the contract to buy, to finish our transaction to
9 buying the truck.
10 Q Did you receive the rest of the money that you had, that
11 was part of the agreed to price?
12 A I was given not exactly at the right time. I was given at
13 the later time.
14 Q Can you tell us what you mean by the later time?
15 A When they was writing the contract I was told that there
16 is no, not enough money to cover the whole transaction, other
17 money is going to get the next day.
18 Q And then what happened?
19 A I told them if the transaction not going to be completed
20 today don't give me all the money, then the business is over,
21 give me back my truck.
22 Q And did the rest of the money show up?
23 A Yes.
24 Q Can you tell us how that came about?
25 A That tall guy told me, wait, let me ask another person
2600
1 outside. Before even he left, someone knock the door. He
2 didn't even go outside the door and money hand to hand, didn't
3 even see the guy on the other side of the door.
4 Q Did you get the rest of your money?
5 A Yes.
6 Q Did you ever get a copy of the sales contract?
7 A No.
8 MR. KARAS: If we could display just to the witness
9 and counsel only, please, exhibit 123.
10 Q Sir, if you could look to the screen at your left and tell
11 us whether or not you recognize the person in that picture?
12 A Yes.
13 MR. KARAS: For the record, your Honor, that exhibit
14 is already in evidence. If we can display it to the jury.
15 Your Honor, at this time we have a stipulation among
16 counsel that that is picture of Sheik Ahmed Salim Swedan and
17 that is the same person who bought the Toyota Dyna truck in
18 Mombasa from Said Salim Omar.
19 MR. RUHNKE: That's correct, Judge.
20 THE COURT: So stipulated.
21 MR. KARAS: If we can display to the witness and to
22 counsel only exhibit 125.
23 Q Sir, do you recognize the person in that picture?
24 A Yes.
25 Q Who is that person?
2601
1 A Ahmed.
2 Q Was he the tall one or the short one?
3 A Short.
4 MR. KARAS: Your Honor, at this time we offer
5 Government Exhibit 125.
6 THE COURT: Received.
7 (Government Exhibit 125 received in evidence)
8 MR. KARAS: No further questions.
9 THE COURT: Mr. Ruhnke on behalf of the defendant KK
10 Mohamed.
11 CROSS-EXAMINATION
12 BY MR. RUHNKE:
13 Q Good morning, sir.
14 A Fine.
15 Q As I gather your testimony you first bought this Nissan
16 Atlas in June of 1998 and sold it again about a month later;
17 is that correct?
18 A Yes.
19 Q You bought it from a friend in the business who gave you a
20 very good price; is that correct?
21 A Yes.
22 Q And you were to go into the fishing business but you were
23 never able to get together what you needed. Is that correct?
24 A Yes.
25 Q And so through the transaction that you've described you
2602
1 met some people through your broker friend who was willing to
2 buy the truck from you in July. Correct?
3 A Yes.
4 Q And the initial payment they gave you, did you say it was
5 $500 in United States currency, 500 $1 bills or five $100
6 bills?
7 A Yes.
8 Q And who actually handed you the five $100 bills, the tall
9 man or the short man?
10 A Tall.
11 Q In Dar es Salaam it's not unusual to pay for things with
12 United States currency; is that correct?
13 A Yes.
14 Q At the time this transaction occurred in June and July of
15 1998, are you aware of the exchange rate between the United
16 States dollar and the Tanzania shilling?
17 A I don't remember exactly but I remember the numbers came
18 out.
19 Q Was it approximately 700 Tanzanian shillings to one US
20 dollar approximate?
21 MR. RUHNKE: The government agrees that's the correct
22 figure.
23 A As I say, I don't remember.
24 Q Accepting as the accurate figure being 700 Tanzanian
25 shillings to one United States dollar, the original price was
2603
1 approximately $5,000, you paid approximately $5,000 for the
2 truck, 3.45 million Tanzanian shillings?
3 THE INTERPRETER: Can you say it again? Can you
4 repeat it?
5 THE COURT: Repeat the question.
6 MR. RUHNKE: I'm sorry. I did not hear that.
7 Q Accepting the exchange rate of 700 Tanzanian shillings
8 equals one United States dollar, your original price was 3.5
9 million Tanzanian shillings, correct? That was the original
10 price of the truck, what you paid for it?
11 A No.
12 Q We'll move on. And you sold the truck for 4.3 million
13 Tanzanian shillings?
14 A Yes, if you put together with $500 deposit.
15 Q And this was a transaction that was all conducted in cash;
16 is that correct?
17 A Yes.
18 Q Who handed you the physical cash? Who actually handed you
19 the cash, the tall man or the short man?
20 A Tall.
21 Q Did you ask him where he got that money?
22 A No.
23 Q In addition to the two photographs that you identified did
24 the FBI and the Tanzanian CID, Tanzanian police show you many,
25 many photographs?
2604
1 A Yes.
2 MR. RUHNKE: Thank you, sir. I have no more
3 questions.
4 THE COURT: Anything further?
5 MR. KARAS: Just briefly, your Honor.
6 THE COURT: Yes, redirect.
7 REDIRECT EXAMINATION
8 BY MR. KARAS:
9 Q If we could display exhibit 123, please.
10 Just so we're clear, sir, the person that's depicted
11 in 123, was he the tall person or the short person?
12 A Tall.
13 Q And the house that you were shown a picture of on direct,
14 what was your understanding as to who lived there, the tall
15 person or the short person?
16 A Short.
17 MR. KARAS: Nothing further, your Honor. Thank you.
18 THE COURT: Very well. You may step down.
19 (Witness excused)
20 The government may call its next witness.
21 MR. KARAS: Your Honor, the government calls Thabit
22 Saadalla.
23 THABIT SAADALLA,
24 called as a witness by the government,
25 having been duly sworn,
2605
1 testified through the interpreter, as follows:
2 DIRECT EXAMINATION
3 BY MR. KARAS:
4 Q Good morning, sir.
5 A Fine.
6 Q What country are you from?
7 A Tanzania.
8 Q In what city do you live now?
9 A New York.
10 Q What city do you live in in Tanzania?
11 A Dar es Salaam.
12 Q Can you tell us what you do for a living in Dar es Salaam?
13 A I'm a bus inspector.
14 Q What's the name of the bus company you work for?
15 A Islam Bus.
16 Q For how long have you work for Islam bus?
17 A Since August last year.
18 Q Before you worked for is Islam Bus, where did you work?
19 A Al Noor Hotel.
20 Q Is that in Dar es Salaam?
21 A Yes.
22 Q What exactly did you do at the Al Noor Hotel?
23 A Was a receptionist.
24 Q Were you a receptionist at the Al Noor Hotel in July of
25 1998?
2606
1 A Yes.
2 Q Can you tell us some of your duties as a receptionist at
3 the Al Noor Hotel?
4 A Yes.
5 Q What were some of the thing you did as a receptionist?
6 A I was writing names of all the people that clients coming
7 in.
8 MR. KARAS: If we could show to the witness and to
9 counsel only exhibit 1456A.
10 Sir, if you could look to the screen at your left do
11 you recognize what's in that picture?
12 A Yes, Al Noor Hotel.
13 Q Is that the front of the Al Noor Hotel?
14 A It's in front upper left.
15 MR. KARAS: Your Honor, at this time we offer 1456A.
16 MR. RUHNKE: No objection.
17 THE COURT: Received.
18 (Government's Exhibit 1456A received in evidence)
19 MR. KARAS: If we can display to the witness and to
20 counsel only 1456F.
21 Sir, do you recognize what is depicted in 1456F?
22 A Yes. I know the room.
23 Q A room at the Al Noor Hotel?
24 A Yes.
25 MR. KARAS: At this time we offer 1456F.
2607
1 THE COURT: Received.
2 (Government's Exhibit 1456F received in evidence)
3 MR. KARAS: May I approach the witness, your Honor.
4 THE COURT: Yes.
5 Q Sir, I placed before you what has been marked as exhibit
6 1457 and ask you to take a look at it. Do you recognize that?
7 A Yes.
8 Q Can you tell us what it is?
9 A Was for the clients at the Al Noor Hotel. Was for clients
10 in the Al Noor Hotel.
11 Q Is that the book where clients would be registered?
12 A Yes, that's the book.
13 Q What type of information would be put down for each client
14 before they register?
15 A Name, passport number, address, and their occupation.
16 Q And that book you have in your hand there, does that cover
17 the time period of July 1998?
18 A Yes.
19 MR. KARAS: Your Honor, at this time we offer 1457.
20 MR. RUHNKE: No objection.
21 THE COURT: Received.
22 (Government's Exhibit 1457 received in evidence)
23 Q Sir, can you go to the week of July 24th in that book.
24 A Yes.
25 Q Do you see a entry there for a Sheha Ahmed?
2608
1 A Yes.
2 Q And can you tell us how many days that person stayed at
3 the Al Noor Hotel?
4 A Yes, one week.
5 MR. KARAS: If we could display exhibit 123 which is
6 already in evidence.
7 THE COURT: Yes.
8 Q Sir, do you recognize the person that's depicted on the
9 screen there?
10 A Yes.
11 Q Who is that person?
12 A Sheha Ahmed.
13 Q Is that the person whose name appears in the registry book
14 that you just mentioned?
15 A Yes.
16 Q Can you tell which one of the rooms that the person in
17 that picture stayed in at the Al Noor Hotel?
18 A 24.
19 Q Do you recall, sir, whether or not that person had any
20 visitors during the week he stayed at the Al Noor Hotel?
21 A Yes.
22 MR. KARAS: If we could display 125.
23 Q Would you take a look at the screen. Do you recognize the
24 person in exhibit 125?
25 A Yes.
2609
1 Q Can you tell us who that is?
2 A He's one of the person who was visiting Sheha Ahmed.
3 Q Before that person visited Sheha Ahmed had you recognized
4 that person?
5 A Yes, I was seeing some time.
6 Q Can you tell us what mode of transport he used to come
7 visit the Al Noor Hotel?
8 A Was usually bicycle.
9 MR. KARAS: No further questions.
10 THE COURT: Mr. Ruhnke on behalf of the defendant KK
11 Mohamed.
12 CROSS-EXAMINATION
13 BY MR. RUHNKE:
14 Q Good morning, sir.
15 Just one quick question for you. You made reference
16 to the fact that the man who visited came there on a bicycle.
17 Do you remember the kind of bicycle that was a
18 mountain-type bike, a lot of gears? Do you remember that
19 about the bike?
20 A It's a long time, but I think it was a mountain.
21 MR. RUHNKE: Thank you, sir. No more questions.
22 MR. KARAS: Nothing further, your Honor.
23 THE COURT: Thank you. You may step down.
24 (Witness excused)
25 MR. KARAS: Your Honor, the government calls Julius
2610
1 Kisingo.
2 JULIUS KISINGO CEM,
3 called as a witness by the government,
4 having been duly sworn,
5 testified through the interpreter,as follows:
6 DIRECT EXAMINATION
7 BY MR. KARAS:
8 Q Mood morning, sir.
9 A Fine.
10 Q Can you tell us in what country you were born?
11 A Tanzania.
12 Q In what city do you live in in Tanzania?
13 A Dar es Salaam.
14 Q What kind of work do you do?
15 A Welder.
16 Q Do you do welding work on vehicles?
17 A Yes.
18 Q For how many years have you been a welder?
19 A Seven years.
20 Q In the seven years you've been a welder, can you tell us
21 how many times you've done welding work in a covered truck?
22 A One time.
23 Q Do you remember the model of truck that you did the
24 welding work in?
25 A Yes.
2611
1 Q What was the model?
2 A Nissan.
3 Q Do you remember what color the truck was?
4 A Cream.
5 Q Was that both the cab and the container?
6 A Both was silver and the cabin was cream.
7 Q Can you tell us over how many days you did welding work in
8 connection with that truck?
9 A Yes.
10 Q How many days?
11 A Three days.
12 Q Can you tell us what you did on the first day?
13 A Yes.
14 Q What did you do on the first day?
15 A I made two seats for the battery.
16 Q Do you know how many people asked you to make those seats
17 for the battery?
18 A One person.
19 MR. KARAS: If we could display what's already marked
20 in evidence as 123.
21 Q Sir, do you recognize looking at the screen on your left
22 the person in that picture?
23 A Yes.
24 Q Who is that person?
25 A That was my boss who bring the truck.
2612
1 Q Did the person indicate to you what it was he was going to
2 do with the batteries that were to go into the battery seat?
3 A Because for the air condition.
4 Q And could you tell whether or not the truck that he
5 brought to you was a refrigerator truck?
6 A Yes.
7 Q How could you tell?
8 A It was the refrigeration and it was covered.
9 Q Was the refrigeration unit still in the truck when you saw
10 it?
11 A No, it was removed.
12 Q Could you tell whether or not there was any wires or pipes
13 from where it was removed?
14 A Yes.
15 MR. KARAS: If we could display to the witness and
16 counsel only, and I think we'll do this on the Elmo, 1178B.
17 Q Sir, would you take a look to your left there. Is that a
18 fair and accurate diagram of the battery seats you were asked
19 to weld?
20 A Yes.
21 Q Did you weld those battery seats on that same day you were
22 asked to do so?
23 A Yes.
24 Q What else, if anything, did you do in connection with that
25 truck on the first day?
2613
1 A To make a flat bar.
2 MR. KARAS: Your Honor, we offer Government Exhibit
3 1178B.
4 MR. RUHNKE: No objection.
5 MR. KARAS: Display it, thank you.
6 (Government's Exhibit 1178B received in evidence)
7 Q Can you describe the flat bar that you made?
8 A You want expressed by the hand or how?
9 Q If you can describe it, and if you want to demonstrate to
10 the jury with your hands, that's fine.
11 A The first bar is about four, five inches, the angle bar is
12 about 35 three meters, the welding with the flat bar.
13 Q Did you weld the flat bar into the truck or did you just
14 make the flat bar as a stand-alone item?
15 A It was separate.
16 Q Is there anything else about the flat bar you'd like to
17 tell us?
18 A And left about one inch in the middle like across.
19 Q How many flat bars did you make that day?
20 A Six.
21 Q Was that the only work you did on the first day with
22 respect to that truck?
23 A Yes, that's what I did.
24 Q Did you do any work on the second day?
25 A The second day the truck came.
2614
1 Q And what happened when the truck came back?
2 A We took the flat bar three inches by six and we put in the
3 inside the truck.
4 Q When you say you put them inside the truck, do you mean
5 the back of the truck?
6 A We put on the floor around the truck inside.
7 Q And how was it that you connected the flat bars to the
8 truck, to the floor of the truck?
9 A I made something like this a box like this 35 by 35.
10 Q And when you say a box, was it all four sides of a box or
11 something less?
12 A It was the same.
13 Q And did you do anything else on the second day?
14 A I also put the padlock.
15 Q Where did you put the padlock?
16 A On that end.
17 MR. KARAS: If we could display to the witness and
18 counsel 1378A.
19 Q Sir, if you could take a look at the screen to your left.
20 Can you tell us what that is?
21 A That's looks like the one the work I did on the truck.
22 Q It looks like a drawing or diagram of what you did on the
23 truck?
24 A Yes, this is showing the profile.
25 Q Is this the drawing done as if the person is looking on
2615
1 top of the truck?
2 A Yes.
3 Q And does the diagram there accurately reflect the work
4 that you described you did for the truck?
5 A Yes, is something, but it's not complete. Looks like the
6 one did I over there, but is not complete, because it's
7 missing the wall side.
8 Q Can you tell us whether or not this drawing is accurate?
9 A Yes.
10 MR. KARAS: Your Honor, at this time we offer 1178A.
11 MR. RUHNKE: No objection.
12 THE COURT: Received.
13 (Government's Exhibit 1178A received in evidence)
14 MR. KARAS: If we can display it.
15 Q Sir, you see the solid line that has three sides to them?
16 A Yes.
17 Q Is that what you were describing just a few moments ago as
18 the work you did on the second day?
19 A Yes, I was talking the one, the center piece of it.
20 Q Perhaps, sir, if you could step down, if you can turn the
21 screen around and show the jury.
22 (Witness left stand)
23 THE COURT: How much longer?
24 MR. KARAS: Not much longer, your Honor.
25 Q Sir, if you could just with your finger describe for us
2616
1 the floor work that you were telling us about a few moments
2 ago.
3 A This the job I did the second day (indicating).
4 Q Is that welding work that was done connected to the floor
5 of the back of the truck?
6 A Yes.
7 Q What type of welding work did you do to the pieces that
8 you attached to the floor of the truck?
9 A These pieces I did outside, I cut them outside and I took
10 them into the truck and I did the welding this piece, this
11 piece and this piece.
12 Q And the metal work that you were using was it flat or was
13 that at an angle?
14 A Angle.
15 Q Did the angles face each other along the two lines there
16 or were they facing opposite each other?
17 A Facing each other it made like a box.
18 Q How much space was there between the two rows of the angle
19 iron?
20 A Thirty-five meters on this side. This one 35.
21 Q And do you see, sir, to your left there are little black
22 dots?
23 A Yes.
24 Q Can you tell us what those represent?
25 A Were the holes.
2617
1 Q Were those holes there or did you put them there?
2 A This was done at the last day with a mark. Was no holes
3 where the marker points. So I had to drill wherever they mark
4 it.
5 Q Did you put the markings there?
6 A No, I didn't do it. The last day the truck came with that
7 mark.
8 Q And who was it that asked you to put the holes where the
9 markings were?
10 A I did.
11 Q Who asked you to drill the holes. You did the work. Who
12 asked you to drill the holes?
13 A The person own this truck.
14 Q Was that the person you saw in the picture a few minutes
15 ago?
16 A Yes.
17 Q On the third day were you asked to do any other work on
18 the truck?
19 A The third day we took on the truck we made the first day
20 and we weld it and we screwed it on the wall of the truck.
21 Q On the side of the truck?
22 A On the side of the truck.
23 Q Is that right the side of the truck?
24 A Yes, on the side.
25 Q And maybe with your hand if you describe the distance
2618
1 between the side of the truck and the flat bars that you
2 attached to the side of the truck?
3 A (Witness indicating) I made a hole over there and the
4 truck bar went across.
5 Q Was the flat bar attached to the other side of what you're
6 holding there, the pen?
7 A Yes, I made a hole all the way outside.
8 Q And this part is long one and we put another one there
9 (indicating) and then we left some space.
10 MR. KARAS: The record should reflect that the
11 witness is holding a pen and he's got two pieces of paper
12 stuck through on either side of the pen.
13 THE COURT: The record will so reflect.
14 MR. KARAS: Thank you, sir. You can put that down.
15 Q Did the person who asked you to do this work tell you why
16 he had asked you to do all this work?
17 A He told me. I asked him.
18 Q What did he tell you?
19 A Partition to put different types of fish.
20 MR. KARAS: You want to resume the witness stand.
21 (Witness resumed stand)
22 MR. KARAS: May I approach with one last question,
23 your Honor?
24 THE COURT: Yes.
25 Q Sir, I have standing before you what has been marked for
2619
1 identification as Government Exhibit 1376. Do you recognize
2 that?
3 A Yes.
4 Q What is it?
5 A I did the work on that pieces in the flat bar and the
6 angle iron.
7 Q And the angle iron appears to be in the front; is that
8 right?
9 A That's the one was weld with the flat bar.
10 Q How is it that you recognize that particular work as
11 yours?
12 A I know it because I did that work myself.
13 Q Are there any particulars in these pieces so that you know
14 that it's yours?
15 A Yes.
16 Q Can you describe and point on the object there?
17 A Yes. I know I this one was there and I saw was no need of
18 moving it, so I left there.
19 MR. KARAS: Thank you, your Honor. I have no further
20 questions.
21 THE COURT: We'll take our recess before cross.
22 (Recess)
23 (Continued on next page)
24
25
2620
1 (In open court; jury not present)
2 MR. RUHNKE: Your Honor, I am going to ask the clerk
3 to switch the display load to the defense side.
4 THE COURT: I have managed to remain totally ignorant
5 of all that.
6 Have the sketch artists been apprised of the rules
7 today?
8 SPECTATOR: There are no sketch artists. What are
9 they to know, just in case?
10 MR. FITZGERALD: We oppose sketching until we get to
11 the witness Schumaker.
12 THE COURT: Until he is called, no sketches of the
13 witnesses.
14 (Jury present)
15 THE COURT: Cross-examination by Mr. Ruhnke on behalf
16 of the defendant K.K. Mohamed.
17 (Continued on next page)
18
19
20
21
22
23
24
25
2621
1 CROSS-EXAMINATION
2 BY MR. RUHNKE:
3 Q Good morning, sir. How are you?
4 A Fine.
5 Q You were employed for a time, you said, as a welder; is
6 that correct?
7 A No.
8 Q Did you work as a welder for a period of time, sir?
9 A Yes.
10 Q Your country, the country you come from, Tanzania, is
11 somewhat of a very poor country; is that correct?
12 A Not a lot.
13 Q When you worked as a welder, where did you work? When you
14 did welding, where did you get work?
15 A Dar es Salaam.
16 Q Did you work essentially in the street? Did you have a
17 shop you worked from? Physically, where did you work?
18 A This was open space.
19 Q There are areas in Dar es Salaam that if someone wants a
20 car repaired, you simply go there and there are people
21 standing around ready to help work on cars, correct?
22 A It's the area you can stand there and waiting for someone
23 to come and bring some job.
24 Q You did that kind of work and made money doing that for a
25 period of time, correct?
2622
1 A Yes.
2 Q You now work for a bus company, you said? Or am I wrong
3 about that? Last witness. I withdraw that question.
4 When you were paid by the man who came to do the
5 welding, he paid you in cash; is that correct?
6 A Yes.
7 Q Did you describe the man as someone who came from Pemba?
8 A Looks like a Pemban.
9 Q Pemba is an island off the coast of Tanzania; is that
10 correct?
11 A Yes.
12 MR. RUHNKE: Your Honor, I am going to ask that map 1
13 be displayed to the jury, KKM 1. The government has agreed it
14 is an accurate map.
15 THE COURT: Very well.
16 Q Do you see the map that is displayed on the screen is a
17 map of Africa, sir?
18 A Yes.
19 Q Do you see your home country Tanzania displayed on that
20 map just under Kenya?
21 A Yes.
22 MR. RUHNKE: I am going to ask now that we display
23 map number 3 to the jury and the witness.
24 Q Do you see map number 3 as a closer view of what we just
25 looked at, the countries Kenya and Tanzania?
2623
1 A I see Tanzania.
2 Q Do you also see, if you go north of Tanzania, in red
3 writing Kenya?
4 A Yes.
5 Q Do you also see the designation for Zanzibar near Dar es
6 Salaam?
7 A Yes.
8 Q North of the area designated Zanzibar, do you see a
9 designation for Wete, W-E-T-E?
10 A Yes.
11 Q Wete is a city that is actually on the island of Pemba,
12 correct?
13 A I am not sure.
14 Q Do you see the designation for Dar es Salaam on the map?
15 A Yes.
16 Q Do you see in Kenya where Nairobi is, north and west of
17 Dar es Salaam?
18 A Yes.
19 MR. RUHNKE: Can we have map 9 displayed to the jury.
20 Q Do you see a closer-in view of the area of Zanzibar and
21 Pemba Island?
22 A Yes.
23 Q Nearby Mombasa in Kenya. Do you see Mombasa, which is in
24 the country of Kenya on the map?
25 A Yes.
2624
1 Q When you describe the person as perhaps coming from Pemba,
2 could you tell us what you meant by that. What was there
3 about him that made you think he might be from Pemba?
4 A His accent.
5 Q Pemba and the other island which is sometimes called
6 Unguja, U-N-G-U-J-A -- do you know the name Unguja?
7 A No.
8 Q In any event, they make up the group of islands that are
9 sometimes called Zanzibar; is that correct?
10 A Yes.
11 Q To your knowledge, Zanzibar is an area in a part of
12 Tanzania that is mostly Muslim people; is that correct? Do
13 you know that?
14 A Yes.
15 Q Sir, in Tanzania they do not have the same school system
16 as we do, but may I ask, how far, what form did you graduate
17 from in that kind of school?
18 A Number 7.
19 Q Seventh form?
20 A Yes, number 7.
21 Q Did you study the history of your country Tanzania in
22 school?
23 A Yes.
24 Q You know then that until 1964 Zanzibar and Tanzania were
25 separate countries; is that correct?
2625
1 A Yes.
2 Q And the country that is now the mainland country was known
3 as Tanganyika; is that correct?
4 A Yes.
5 Q When Tanganyika became part and one country with Zanzibar,
6 the name Tanganyika and Zanzibar was put together to form a
7 new name for the country; is that correct?
8 A Yes.
9 Q Have you ever traveled from Dar es Salaam to Zanzibar?
10 A No.
11 (Continued on next page)
12
13
14
15
16
17
18
19
20
21
22
23
24
25
2626
1 MR. RUHNKE: Thank you, sir. I have no more
2 questions.
3 THE COURT: Anything further of this witness?
4 MR. KARAS: No, your Honor.
5 THE COURT: Thank you, sir. You may step down.
6 (Witness excused)
7 MR. KARAS: Your Honor, at this time I would propose
8 to read what has been marked for identification as
9 Government's Exhibit 58, which is a stipulation that reads as
10 follows:
11 It is hereby stipulated and agreed by and between the
12 parties that:
13 1. Government's Exhibit 1177 is a certified copy of
14 the vehicle file in the Tanzania Motor Vehicle Registry for a
15 1987 Nissan Atlas with license registration number TZH6134.
16 Government's Exhibit 1177-T is a fair and accurate English
17 translation of Government's Exhibit 1177.
18 2. Government's Exhibit 1176 is a copy of a contract
19 of sale for a 1987 Nissan Atlas with license registration
20 number TZH6134, dated June 17, 1998, between Amani Juma
21 Kasinya, the seller, and Mohamed Sultan. Government's Exhibit
22 1176T is a fair and accurate English translation of
23 Government's Exhibit 1176.
24 At this time, your Honor, we offer the stipulation
25 marked as Government's Exhibit 58 and the exhibits referenced
2627
1 therein.
2 THE COURT: Received.
3 (Government's Exhibits 58, 1176, 1176-T, 1177 and
4 1177-T received in evidence)
5 MR. KARAS: At this time, your Honor, we would
6 propose to display Government's Exhibit 1176. For the record,
7 we will read out the chassis down at the bottom, MH4006050.
8 Next, your Honor, we would read from a stipulation
9 marked for identification as Government's Exhibit 61.
10 THE COURT: Very well.
11 MR. KARAS: It is hereby stipulated by and between
12 the parties as follows:
13 1. On August 26, 29, and September 2, 1998, officers
14 from the Tanzanian Criminal Investigation Division, CID,
15 assisted by special agents from the Federal Bureau of
16 Investigation, conducted a search of the premises known as 15
17 Amani Street, Kariakoo, Dar es Salaam, Tanzania. This
18 location is a residential dwelling leased by Rashid Saleh
19 Hamed, and used by, among others, Rashid Saleh Hamed and Ahmed
20 Khalfan Ghailani.
21 2. Government's Exhibit 1300 is a photograph taken
22 of the exterior of 15 Amani Street in or about September 1998.
23 3. During the searches, the CID officers and FBI
24 special agents recovered the items listed below. Later,
25 photographs were taken of these items which are true and
2628
1 accurate depictions of the items listed below. In the column
2 next to each item is the exhibit number for the photograph
3 taken of the exhibit.
4 The first item is one pair of blue jeans, Exhibit No.
5 1301, photograph No. 1301-P.
6 The second item is a polo shirt, Exhibit No. 1302,
7 photo number 1302-P.
8 The next is one bag containing 25 pair of blue jeans,
9 Exhibit 1303. The photo number is 1303-P.
10 Next is one bag of 34 shirts, 2 gowns and 1 jacket.
11 Exhibit is 1304, photo number 1304-P.
12 One electronic detonator. Exhibit No. 1305. Photo
13 Exhibit No. 1305-P.
14 Nine passport photos. Exhibit 1306A-I, and the photo
15 Exhibit number is 1306E-P.
16 Passport application in the name of Zahran Nassor
17 Maulid. Exhibit No. 1309. There is no photo exhibit.
18 Telephone records from Mobitel for the phone number
19 328848, assigned to Ahmed Khalfan Ghailani. Exhibit No. 1308.
20 There is no photo.
21 Birth certificates for Sumaiyya and Usama. Exhibit
22 Nos. 1309A and B. There is no photo exhibit.
23 4. FBI agents obtained custody of these items, which
24 were transported from Dar es Salaam, Tanzania, to Washington,
25 D.C. v. airplane and brought to the forensics laboratory at
2629
1 FBI headquarters in Washington, D.C.
2 5. During the search on August 26, 1998, CID
3 officers also obtained custody of a white Suzuki Samurai with
4 Tanzanian plate number TZG-7575, which was found outside of 15
5 Amani Street. FBI agents later obtained custody of the Suzuki
6 Samurai. Photographs of the Suzuki Samurai are marked as
7 Government's Exhibits 1423A and 1423B.
8 Your Honor, at this time we move Government's Exhibit
9 61, the stipulation, and the exhibits referenced therein, into
10 evidence.
11 THE COURT: Received.
12 (Government's Exhibits 61, 1300, 1302 through 1305,
13 1302-P through 1305-P, 1306A-I, 1306E-P, 1307, 1308 1309A-B
14 received in evidence)
15 MR. KARAS: At this time we would like to display
16 Government's Exhibit 1300, which is the picture of 15 Amani
17 Street.
18 Next we would like to display 1305A, which is one of
19 the passport photos. 1306A, correct.
20 And 1306E-P. And, your Honor, we would like to
21 simultaneously display 1305-P and also publish 1305 to the
22 jury.
23 THE COURT: Yes.
24 MR. KARAS: Next, if we could display 1307.
25 Your Honor, what we will do with the clothing is put
2630
1 it on one of the tables here.
2 THE COURT: Very well.
3 MR. KARAS: Your Honor, at this time the government
4 calls Amina Rashid.
5 AMINA RASHID MOHAMED
6 called as a witness by the government,
7 having been duly sworn, testified as follows:
8 (Continued on next page)
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
2631
1 DIRECT EXAMINATION
2 BY MR. KARAS:
3 Q Good afternoon.
4 A Fine.
5 Q Can you tell us what country you were born in.
6 A Tanzania.
7 Q In what city within Tanzania do you currently live?
8 A Dar es Salaam.
9 Q Directing your attention to November 1997, can you tell us
10 what you were doing for work.
11 A I was a house girl.
12 Q Where were you a house girl?
13 A At the Rashid house.
14 Q If we could display what is already in evidence as 1300.
15 Ms. Rashid, if you could take a look at the screen
16 there to your left, do you recognize what that is a picture
17 of?
18 A Yes.
19 Q What is that a picture of?
20 A The picture of a house.
21 Q Can you tell which house?
22 A Number 15.
23 Q Is that the house at which you were a house girl?
24 A Yes.
25 Q During the year 1998, from January until August of 1998,
2632
1 can you tell us who lived in that house?
2 A Yes.
3 Q Who lived there?
4 A Rashid.
5 Q During the period January to August 1998, can you tell us
6 who else lived there with Rashid?
7 A Kassum Juma, Ahmed, and other visitors he was coming with.
8 Q During that same time period, how many days a week were
9 you working there as a house girl?
10 A Monday to Saturday.
11 Q What was your normal workday there?
12 A I start 9, I finish 4 p.m. or 5 p.m.
13 MR. KARAS: If we could display what is marked in
14 evidence as Exhibit 125.
15 Q Ms. Rashid, do you recognize the person depicted in that
16 picture?
17 A Yes.
18 Q Who is that?
19 A Ahmed.
20 Q During the time period I just mentioned, January to August
21 of 1998, can you tell us whether or not Ahmed had any visitors
22 come to 15, number 15 Amani?
23 A Yes.
24 Q Do you recall some of their names?
25 A Yes.
2633
1 Q What are some of the names of the people who visited
2 Ahmed?
3 A Khalfan, Fahad, Hussein.
4 Q Do you recall if there was only one visit or more than one
5 visit from these people?
6 A It was so many times.
7 Q Can you tell us whether or not during the time period
8 January to August 1998 there were ever any occasions where all
9 three of them together came to visit Ahmed?
10 A You are saying that separate of Khalfan? Which three are
11 you talking about?
12 Q Fahad, Hussein, and Khalfan. Was there ever any time when
13 the three of them together came and met with Ahmed?
14 A Yes.
15 Q Can you tell us approximately how many times that took
16 place?
17 A About five to six times.
18 Q When they came to visit Ahmed, where within the house at
19 15 Amani would they meet?
20 A In the room of Ahmed.
21 Q Can you tell us a little bit about your duties as the
22 house girl at 15 Amani.
23 A My main job was to cook, but also I was doing some
24 cleaning, washing in the house.
25 Q During the time you worked there cooking and cleaning and
2634
1 washing the house, were you given access to Ahmed's room?
2 A No.
3 Q If we could display what is marked in evidence as Exhibit
4 117. Do you recognize the person that is on the screen there
5 to your left, Ms. Rashid?
6 A Yes.
7 Q Who is that person?
8 A Hussein.
9 Q If we could display to the witness and counsel only 124
10 for identification.
11 Ms. Rashid, do you recognize the person depicted on
12 the screen there in front of you?
13 A Yes.
14 Q Who is that person?
15 A Fahad.
16 MR. KARAS: Your Honor, at this time we offer
17 Government's Exhibit 124.
18 MR. RUHNKE: No objection.
19 THE COURT: Received.
20 (Government's Exhibit 124 received in evidence)
21 Q Ms. Rashid, I am going to ask you to take a look around
22 the courtroom and see if you recognize the person that you
23 identified as Khalfan and tell us if you recognize him.
24 A If he didn't change, I will be able to recognize that
25 person, to know that person. But if he change, I will not be
2635
1 able to do that.
2 Q If you could look around the courtroom and see whether or
3 not you can pick out Khalfan.
4 (Pause)
5 Q Do you see him?
6 A No be able. No, I didn't find.
7 Q If you could have a seat.
8 When Khalfan came to visit 15 Amani, can you tell us
9 what he looked like.
10 A I saw him as like a young boy and a little bit big.
11 Q Can you tell us whether or not he had any facial hair, a
12 beard or anything?
13 A Yes.
14 Q I will move on.
15 With respect to Ahmed, did there come a time that you
16 spoke to Ahmed about whether or not he wanted to leave
17 Tanzania?
18 A Yes.
19 Q Do you remember when approximately it was that you had
20 this conversation with Ahmed?
21 A Before he left, two weeks before he left he told me about
22 that.
23 Q Do you remember when the American Embassy was bombed in
24 Dar es Salaam, Tanzania?
25 A Yes.
2636
1 Q Can you tell us whether or not Ahmed left before or after
2 that bombing?
3 A Before.
4 Q Can you tell us how many days or weeks before the bombing?
5 A Two weeks for this question.
6 Q Did you ever have a chance to see what type of car Fahad
7 or Hussein drove?
8 A Yes.
9 Q What kind of car did you see either of them driving?
10 A Suzuki.
11 Q Can you tell us what color Suzuki it was?
12 A White.
13 Q Did you ever see them together in the Suzuki?
14 A Sometimes I see them together and sometimes they don't
15 leave together, they are not together.
16 (Continued on next page)
17
18
19
20
21
22
23
24
25
2637
1 MR. KARAS: Thank you. I have no further questions.
2 MR. RUHNKE: No questions, your Honor.
3 THE COURT: Thank you. You may step down.
4 (Witness excused)
5 MR. KARAS: Your Honor, at this time I propose to
6 read what has been marked for identification as Government's
7 Exhibit 63, which is a stipulation.
8 THE COURT: Very well.
9 MR. KARAS: It is hereby stipulated and agreed as
10 follows:
11 1. On September 7, 1998, an inspector from the
12 Tanzanian Criminal Investigation Division, CID, led a team of
13 investigators from the Tanzanian CID and special agents from
14 the Federal Bureau of Investigation to a location known as 22
15 Kidugalo Street, Magomeni-Mukumi, Dar es Salaam, Tanzania.
16 This location is a two-family dwelling owned by Ally Said.
17 The inspector conducted a lawful search of the portion of the
18 residence leased by Abdulwahdi Salim, which search was
19 observed by FBI special agents.
20 2. During the search on September 7, 1998, the
21 Tanzanian inspector recovered, among other items, one red
22 carpet marked as Government's Exhibit 1401, and one piece of
23 foam padding marked as Government's Exhibit 1402. Later that
24 day, an investigator assigned to the Joint Terrorist Task
25 Force in New York took custody of the red carpet, Government's
2638
1 Exhibit 1401, and the foam padding, Government's Exhibit 1402,
2 from the Tanzanian CID.
3 2. The red carpet and the foam padding later were
4 transported from Dar es Salaam, Tanzania, to Washington, D.C.,
5 via airplane and brought to the forensics laboratory at FBI
6 headquarters in Washington, D.C.
7 4. Photographs of the red carpet and the foam
8 padding are marked as Government's Exhibits 1401-P and 1402-P,
9 respectively.
10 5. If called as a witness, an FBI agent would
11 testify that Government's Exhibits 1400A and 1400B are fair
12 and accurate photographs of the exterior of 22 Kidugalo
13 Street.
14 Your Honor, at this time we move into evidence
15 Government's Exhibit 63, the stipulation, and the exhibits
16 referenced therein.
17 THE COURT: Received.
18 (Government's Exhibits 63, 1400A, 1400B, 1401, 1402,
19 1401-P and 1402-P received in evidence)
20 MR. KARAS: If we could display 1400A, and then
21 1400B, and we will display on the tables 1401, which is the
22 red carpet, and if we could display on the screen 1401-P, and
23 1402, the foam padding. And finally, your Honor, we would ask
24 to display Government's Exhibit 117, which is the photograph
25 identified by Ms. Rashid as Hussein, and compare to the last
2639
1 page of Government's Exhibit 4, which is the book of
2 photographs that I believe Mr. Kherchtou testified about,
3 which has on that page a copy of 117, the photograph. And the
4 names for the record Mustafa Fadhl, Abu Jihad, Khalid, and Abu
5 Khalid al Nubi.
6 Abu did a Abu Wadih Sal human is the next witness.
7 ABDULWAHDI AHMED SALUM,
8 called as a witness by the government,
9 having been duly sworn, testified as follows:
10 DIRECT EXAMINATION
11 BY MR. KARAS:
12 Q Good afternoon, sir.
13 A Fine.
14 Q Can you tell us where you were born?
15 A Pemba.
16 Q That is part of Tanzania; is that correct?
17 A Yes.
18 Q Can you tell us where you currently live.
19 A Magomeni.
20 Q Can you tell us the street address of your residence.
21 A Number 22 in Kidugalo Street.
22 Q For how long have you lived at 22 Kidugalo Street?
23 A Five years to seven years.
24 Q Do you know a person named Khalfan Khamis Mohamed?
25 A Yes, I know him.
2640
1 Q Can you tell us when, approximately, you first met him.
2 A I don't remember when the first time I met him.
3 Q Can you tell us approximately how many years or months
4 ago?
5 A About four to five years.
6 Q How did you meet Khalfan Khamis Mohamed?
7 A At the mosque.
8 Q In Dar es Salaam?
9 A Yes.
10 Q Did there come a time that Khalfan Khamis Mohamed came to
11 you looking for a place to live?
12 A Yes.
13 Q Do you remember what year that was?
14 A 1998.
15 Q Do you remember what month in 1998?
16 A Around January.
17 Q What did you do when Khalfan Khamis Mohamed came to you
18 looking for a place to live?
19 A I found a space, I found an area where he can stay.
20 Q What area did you find for him to stay?
21 A The area, one area the house I am living at.
22 Q At 22 Kidugalo Street?
23 A Yes.
24 Q Was there any divider between the space in which you were
25 living and the space where Khalfan was living?
2641
1 A Yes.
2 Q Did there come a time that somebody else moved in with
3 Khalfan at that location?
4 A Yes.
5 Q Can you tell us when approximately that was?
6 A I don't remember.
7 Q Can you tell us how much time had passed between when
8 Khalfan first moved in to 22 Kidugalo and when the next person
9 moved in with him?
10 A I don't remember.
11 Q Do you remember the name of the person who moved in with
12 Khalfan?
13 A Yes.
14 Q What was his or her name?
15 A Hussein.
16 Q Can you tell us whether or not hue sane had a family?
17 A He have a family.
18 Q How many members in his family?
19 A He have two children.
20 Q Did he have a wife?
21 A Yes.
22 Q Do you remember the names of Hussein's children?
23 A Yes.
24 Q What were their names?
25 A Usama and Annis.
2642
1 Q If we could display what has been marked in evidence as
2 Government's Exhibit 117. Sir, looking at the screen there on
3 your left, can you tell us who the person there is in that
4 picture?
5 A That is Hussein.
6 Q Did Khalfan indicate to you where Hussein was from?
7 A It's around Mombasa.
8 Q Is that in Kenya?
9 A Yes.
10 Q Did Khalfan tell you what nationality Hussein was?
11 A I don't remember.
12 Q Did there come a time that you ever saw Hussein driving
13 any vehicles?
14 A Yes.
15 Q What type of vehicle did you see Hussein driving?
16 A Suzuki.
17 Q What color was the Suzuki?
18 A White.
19 Q Can you tell us when, if ever, Khalfan and Hussein moved
20 out of 22 Kidugalo?
21 A June '98.
22 Q Before Khalfan and Hussein moved out of Kidugalo in June
23 1998, did you ever meet a friend of Khalfan's known as Ahmed?
24 A Yes.
25 Q Where did you meet Ahmed?
2643
1 A He was coming out of the hotel.
2 Q Is this in Dar es Salaam?
3 A Yes.
4 Q What was the name of the hotel?
5 A Hagdara Mount.
6 Q If we could display what has been marked in evidence as
7 Government's Exhibit 125. Can you tell us who is in the
8 picture on the screen in front of you, sir?
9 A Ahmed.
10 Q When Khalfan and Hussein left Kidugalo in June 1998, did
11 they leave anything behind?
12 A Yes.
13 Q What did they leave behind?
14 A Carpet, mattress, and a bed.
15 Q What happened to those items?
16 A FBI came and they took the stuff.
17 Q Who did the FBI take it from?
18 A From me.
19 Q How did it get from Khalfan's part of 22 Kidugalo to your
20 part?
21 A I took it to keep it.
22 MR. KARAS: May I approach the witness, your Honor?
23 THE COURT: Yes.
24 Q Sir, I have placed before you two items which for the
25 record are marked as 1401 and 1402. If you could take a look
2644
1 at the item that is standing right in front of you and tell us
2 if you recognize it.
3 A Yes, I can recognize it.
4 Q Would you tell us what that item is.
5 A Mattress and the carpet.
6 Q The two items in front of you?
7 A Yes.
8 Q Thank you. You can resume your seat.
9 Sir, did you ever have a conversation with Khalfan
10 about any trips he took?
11 A Yes.
12 Q Where did he say he had gone outside of Tanzania?
13 A Kenya.
14 Q Anyplace else?
15 A Afghanistan.
16 Q Did Khalfan tell you what it was he did when he was in
17 Afghanistan?
18 A Yes, he get training, military training. He get military
19 training.
20 Q Did he say how long he was there?
21 A He didn't tell me.
22 Q Sir, I am going to ask that you took around the courtroom
23 and tell us whether or not you see Khalfan here today.
24 A I don't see him.
25 MR. KARAS: No further questions.
2645
1 THE COURT: Mr. Ruhnke, on behalf of the defendant
2 K.K. Mohamed.
3 CROSS-EXAMINATION
4 BY MR. RUHNKE:
5 Q Good afternoon, sir.
6 A Fine.
7 Q You described a man you knew Khalfan Khamis Mohamed in Dar
8 es Salaam; is that correct?
9 A Yes.
10 Q Is it true that you knew his brother Mohamed Khamis
11 Mohamed first?
12 A Yes.
13 Q Were you classmates with his older brother Mohamed K.
14 Mohamed?
15 A Yes.
16 Q You said you were born on Pemba, and your family later
17 moved to Unguja; is that correct?
18 A Yes.
19 Q Then there came a time, did there not, when you moved to
20 Dar es Salaam, correct?
21 A Yes.
22 Q You knew also that your former classmate Mohamed K.
23 Mohamed, Khalfan's brother, had also moved to Dar es Salaam,
24 correct?
25 A Yes.
2646
1 Q When you first met Khalfan Mohamed, did you know how old
2 Khalfan was?
3 A I don't remember.
4 Q He was younger than Mohamed K. Mohamed, though?
5 A Yes.
6 Q Did you know that the older brother, Mohamed K. Mohamed,
7 had a business, a store in Dar es Salaam?
8 A Yes.
9 Q Did you know that his younger brother Khalfan worked in
10 that store?
11 A No.
12 Q Did you see Khalfan employed in some way in Dar es Salaam?
13 Specifically, did you see him working on a bus as a conductor?
14 A No, I never seen.
15 Q Did the house at 22 Kidugalo Street, was that house in a
16 particular section of Dar es Salaam called Magomeni?
17 A Yes.
18 MR. RUHNKE: Could I have the display system, Danny,
19 switched to the defense and everybody. Could we display map
20 9, please -- I am sorry, map 5. Highlight the area right in
21 the center of the screen.
22 Q Do you recognize this as a map of Dar es Salaam, sir?
23 A Yes.
24 Q Do you see on the map a designation for the section of Dar
25 es Salaam called Magomeni?
2647
1 A Yes.
2 Q The mosque that you attended with Mr. Khalfan Mohamed, was
3 that in the Ilala section of Dar es Salaam?
4 A Ilala.
5 Q Do you see Ilala also on that map, more towards the light
6 brown area on the map?
7 A Yes.
8 Q Did you know that the American Embassy in August of 1998
9 was located in the Oyster Bay section of Dar es Salaam, and do
10 you see that on the map?
11 A I didn't know.
12 Q You did not know where it was located; is that correct?
13 A Yes.
14 Q You mentioned that Mr. Mohamed had told you about
15 traveling to Kenya, among other places; is that correct?
16 A Yes.
17 Q Do you remember that one of the places he traveled to was
18 Mombasa, Kenya?
19 A Yes.
20 Q Could I have map 5 now displayed, please -- I am sorry,
21 map 9.
22 Do you see on this map, to orient yourself, do you
23 see Dar es Salaam at the sort of middle bottom of the map? Do
24 you see Dar es Salaam?
25 A Yes.
2648
1 Q Do you see your home place of Pemba on that map as well?
2 A Yes.
3 Q Do you see Mombasa north of Pemba on the coast?
4 A Yes.
5 Q Do many people from Pemba and Unguja travel to Mombasa and
6 the Kenyan coast?
7 A Yes.
8 Q On the subject of whether you saw Mr. Mohamed working as a
9 bus conductor, do you remember when the FBI came to you and
10 talked to you in November of 1998?
11 A You want FBI, they was asking about the conductor?
12 Q Did the FBI come to speak to you in November of 1998?
13 A Yes.
14 Q Did they ask you what Khalfan Mohamed was doing for money?
15 A Yes.
16 Q Did you tell them that you remembered one day that you saw
17 Khalfan working as a conductor on a town bus which was owned
18 by Mohamed? Do you remember saying that to the FBI?
19 A I don't remember.
20 MR. RUHNKE: I have no further questions. Thank you.
21 MR. BAUGH: May I have just one moment, please, your
22 Honor?
23 THE COURT: Yes.
24 MR. BAUGH: No questions, your Honor. Thank you.
25 THE COURT: Anything further of this witness?
2649
1 MR. KARAS: No, your Honor.
2 THE COURT: Thank you. You may step down.
3 (Witness excused)
4 THE COURT: We will recess for lunch until 2:15.
5 (Luncheon recess)
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22
23
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25
2650
1 A F T E R N O O N S E S S I O N
2 2:15 p.m.
3 (In open court; jury not present)
4 MR. FITZGERALD: Is it possible for Mr. Ruhnke and
5 myself to perhaps join you in the robing room for a moment?
6 THE COURT: Surely.
7 (Continued on next page)
8
9
10
11
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15
16
17
18
19
20
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25
2653
1 (Pages 2651 to 2652 sealed)
2 (In open court; jury present)
3 THE COURT: Ladies and gentlemen, I hope you enjoyed
4 your lunch. As you have observed more and more matters are
5 being presented to you by way of a stipulation that if a
6 certain witness were called his testimony would be as is set
7 forth in the stipulation. I have been encouraging the
8 attorneys to stipulate to those matters which are not the
9 subject of any serious dispute, those matters which are not
10 the issues that you'll be called upon to decide that are not
11 adequately dealt with by a stipulation. Every time you hear a
12 stipulation you know that it is as a result of an agreement
13 between all of the parties and done in an effort to save your
14 time.
15 The attorneys tell me that the case is proceeding at
16 such a desirable rate that they need some more time to prepare
17 for the stipulations, and of course it would be
18 counterproductive for me to deny them that since those
19 stipulations do save everyone's time, but especially your
20 time, as a result of which we will not sit at all tomorrow.
21 We were going to sit a half day. We won't sit at all
22 tomorrow. We will resume on Monday. Very well.
23 MR. KARAS: Your Honor, the government calls Ally
24 Said.
25 ALLY SAID ALI,
2654
1 called as a witness by the government,
2 having been duly sworn,
3 testified through the interpreter as follows:
4 DIRECT EXAMINATION
5 BY MR. KARAS:
6 Q Mr. Said, good afternoon.
7 A Fine.
8 Q Can you tell us in what country you were born?
9 A Tanzania.
10 THE COURT: Please use the microphone and speak up so
11 that those in the courtroom who speak Swahili can hear you
12 directly.
13 Q In what city within Tanzania do you live?
14 A Dar es Salaam.
15 Q By the way, do you know what Dar es Salaam means in
16 English?
17 A Yes.
18 Q What does it mean in English?
19 A (In English) peaceful harbor.
20 THE COURT: Peaceful.
21 THE WITNESS: Peaceful harbor, or harbor of peace.
22 THE INTERPRETER: Or harbor of peace.
23 Q Sir, do you own property located at number 22 Kidugalo
24 Street?
25 A (In English) Yes.
2655
1 Q Is that in Dar es Salaam?
2 A (In English) Yes.
3 Q Directing your attention to early 1998, can you tell us
4 who was living at 22 Kidugalo Street?
5 A Khalfan.
6 Q Was there anybody else living at 22 Kidugalo Street at
7 that time?
8 A Him and his family.
9 Q Do you know when approximately it was that Khalfan moved
10 into 22 Kidugalo?
11 A Beginning of January.
12 Q How was it that you were introduced to him?
13 A Abu Wahid introduced him.
14 Q Who is Abu Wahid?
15 A (In English) Is my brother-in-law.
16 Q And can you tell us how much Khalfan was paying to live at
17 22 Kidugalo?
18 A (In English) He was paying 3,000 per month.
19 Q Three thousand Tanzanian shillings?
20 A Yes.
21 Q Did he pay that monthly or did he pay it in advance?
22 A (In English) No, all together. He paid all in advance.
23 Q How much in advance did you charge him?
24 A 185 shillings.
25 Q How did he pay this?
2656
1 A Paid me in cash right there.
2 Q You mentioned that Khalfan had a family. What made you
3 believe that?
4 A I asked him.
5 Q Prior to moving into 22 Kidugalo, did you show Khalfan the
6 inside of the location there?
7 A No.
8 Q Did Khalfan ever ask you whether or not he wanted to make
9 any alterations to 22 Kidugalo?
10 A Yes.
11 Q What alterations did he ask to make?
12 A He build a wall to avoid the people to come in.
13 Q Where was the wall?
14 A (In English) In front.
15 Q When you rented the space at 22 Kidugalo did you and
16 Khalfan have an agreement as to how many months he would be
17 living there?
18 A Six months.
19 Q Do you know whether or not anybody lived with Khalfan
20 other than his family?
21 A (In English) No.
22 Q Is that no, there was no one else living, or, no, you
23 don't know?
24 A No, because I didn't know if he was living somebody else.
25 Q Did there come a time that you learned that Khalfan had
2657
1 moved out of 22 Kidugalo?
2 A (In English) Yes.
3 Q When approximately did you learn that?
4 A (In English) One week after his departure.
5 Q And when was that?
6 A (In English) First week of July.
7 Q Of 1998?
8 A 1998 (In English)
9 Q Did you inspect the inside of 22 Kidugalo inside after he
10 left?
11 A (In English) Yes.
12 Q What, if anything, did you find there?
13 A Mattress, bed sheets, old bed sheets, and other things
14 which are not important.
15 Q Did you notice whether or not there had been any other
16 change to 22 Kidugalo Street?
17 A No.
18 Q Prior to renting the premises to Khalfan, was there a wall
19 in the back of 22 Kidugalo Street?
20 A Yes.
21 Q What kind of wall was it prior to Khalfan's living at 22
22 Kidugalo Street?
23 A Was like a net type.
24 Q When you inspected the premises in July 1998, was that
25 wall in the same condition as when it was before Khalfan moved
2658
1 in?
2 THE COURT: Answer out loud.
3 A He fixed a little.
4 Q How was it fixed?
5 A He build with a small brick which are surround it with,
6 and they do a little up to avoid the people to come inside the
7 building.
8 Q How high approximately was the wall that you saw when you
9 inspected the premises in July?
10 A (In English) About three meters.
11 MR. KARAS: I have no further questions.
12 THE COURT: Cross by Mr. Ruhnke on behalf of
13 defendant KK Mohamed.
14 CROSS-EXAMINATION
15 BY MR. RUHNKE:
16 Q Mr. Said, good afternoon. How are you?
17 A (In English) Fine, thanks.
18 Q You are the owner of 22 Kidugalo Street; is that correct?
19 A (In English) Yes.
20 Q And I gather that you have lived in different parts of the
21 world outside of Tanzania, is that correct?
22 A (In English) Yes.
23 Q You lived part of your life in Yemen; is that correct?
24 A (In English) Yes.
25 Q And do I understand correctly that for approximately 16
2659
1 years you worked for the armed forces in Dubai in the United
2 Arab Emirates?
3 A (In English) Yes.
4 Q You were born on Pemba?
5 A (In English) Yes.
6 Q Now, Pemba and Unguja, am I saying that right?
7 A (In English) Yes.
8 Q Unguja some times people call Unguja, Zanzibar, but the
9 whole group of islands is known as Zanzibar, correct?
10 A Yes.
11 Q It is mostly Muslim people who live in the Zanzibar group
12 of islands; is that correct?
13 A Yes.
14 Q There was a time in history when the whole Zanzibar group
15 was ruled by a Sultan; is that correct?
16 A (In English) Yes.
17 Q And it was an Arab nation, correct?
18 A (In English) Yes.
19 Q And you have traveled, have you not, to Mombasa, Kenya?
20 A (In English) Yes.
21 Q Have you traveled to Mombasa from Pemba?
22 A From Pemba, no.
23 Q Yes. Have you traveled from Pemba to Mombasa?
24 A No.
25 Q How long does it take to get to Mombasa from Pemba?
2660
1 A I didn't travel from Mombasa to Pemba.
2 Q Where did you travel to from Mombasa? Where did you start
3 when you visited Mombasa?
4 A From Dar es Salaam.
5 Q How did you go there?
6 A By bus.
7 Q How long does it take to go by bus, do you remember?
8 A It takes about three hours.
9 Q Three hours from Dar es Salaam.
10 And in terms of the rent that was being charged to
11 Khalfan Mohamed for the half of 22 Kidugalo Street, how much
12 per month was he paying?
13 A Thirty thousand.
14 Q Thirty thousand?
15 A Shillings.
16 Q And at the time the rate of exchange between US dollars
17 Tanzanian shilling was about 700 shillings per one US dollar;
18 is that correct?
19 A (Witness consults interpreter) I don't do that kind of
20 things. I don't know.
21 MR. RUHNKE: The government has agreed that that's
22 it.
23 Q So Mr. Mohamed paid you ever month in cash? Is that how
24 it went? Or did he pay you in advance?
25 A (In English) He paid me cash.
2661
1 Q Do you know where that money came from?
2 A (In English) He took from his pocket.
3 Q You don't know where he got the money?
4 A I don't.
5 MR. RUHNKE: Okay. Thank you, sir. I have no more
6 questions. Thank you.
7 MR. KARAS: Nothing further, your Honor.
8 THE COURT: Thank you. You may step down.
9 (Witness excused)
10 MR. KARAS: Your Honor, the government calls Abdallah
11 Hamisi.
12 ABDALLAH HAMISI SHLLM,
13 called as a witness by the government,
14 having been duly sworn,
15 testified through the interpreter, as follows:
16 DIRECT EXAMINATION
17 BY MR. KARAS:
18 Q Good afternoon, sir.
19 A Fine.
20 Q Can you tell us where you were born?
21 A Yes.
22 Q Where were you born?
23 A Olay.
24 Q Is that in Tanzania?
25 A Yes.
2662
1 THE COURT: I wonder if you could ask the witness to
2 just put his collar down. I think it would be easier to hear
3 him. All right. Thank you.
4 Q In what city in Tanzania do you currently live?
5 A Dar es Salaam.
6 Q What kind of work do you do?
7 A Businessman.
8 Q What kind of business?
9 A Caf‚ Juice.
10 Q Is that in Dar es Salaam?
11 A Yes.
12 Q Can you tell us what that means Caf‚ Juice? Does that
13 mean you sell juice?
14 A I sell juice also with bites.
15 Q And, sir, do you know somebody by the name of Khalfan
16 Khamis Mohammed?
17 A Yes.
18 Q Can you tell us when approximately you first met him?
19 A Before the explosion of the bomb.
20 Q Do you remember what year approximately you first met him?
21 A 1998.
22 Q How did you meet him?
23 A He was coming to my office.
24 Q Which office is this?
25 A Caf‚ Juice.
2663
1 Q How often would he come by your juice caf‚?
2 A He was coming there few times.
3 Q Each week or each month?
4 A Sometime he was coming once a week, sometime it was steady
5 sometimes.
6 Q Do you know Khalfan Khamis' brother, Mohammed?
7 A Yes.
8 Q When did you meet Mohammed?
9 A Around 1991.
10 Q How long after you first met Mohammed did you meet
11 Khalfan?
12 A Not too long.
13 MR. BAUGH: Your Honor, you might remind the witness
14 to keep his voice up.
15 THE COURT: Yes.
16 Q When you say not too long, sir, was it weeks or months
17 after you first met Mohammed that you met Khalfan?
18 A About some time, not too long.
19 Q Did you ever talk to Khalfan about various trips that he
20 had made outside of Tanzania?
21 A Yes.
22 Q Can you tell us some of the countries that Khalfan said he
23 had traveled to?
24 A Afghanistan.
25 Q Did he mention any other countries?
2664
1 A Kenya, Somalia, Zanzibar, and other regions.
2 Q In Tanzania?
3 A In Tanzania.
4 Q Did Khalfan tell you when it was he was in Afghanistan?
5 A He told him when he came back.
6 Q Do you remember approximately when that was, what year?
7 A I don't remember the date and the year.
8 Q Can you tell us when it was you started your juice caf‚,
9 what year?
10 A 1997.
11 Q Was it before or after you started your juice caf‚ that
12 Khalfan told you he was in Afghanistan?
13 A It was before.
14 Q What kind of business were you in before you started your
15 juice caf‚?
16 A I was working on a food shop.
17 Q And for how long were you working in the food shop?
18 A About three to four years.
19 Q Can you tell us whether or not Khalfan said to you that
20 he'd been in Afghanistan before or after you were working in
21 the food shop?
22 A When I was working there.
23 Q Did Khalfan tell you what it was he did in Afghanistan?
24 A First he told me that he went there for a religious
25 purposes and then he told me he went there for military
2665
1 training.
2 Q Did Khalfan tell you what type of military training he
3 got?
4 A No, he didn't say.
5 Q Did Khalfan tell you what the focus of the training was?
6 A For jihad.
7 Q And did Khalfan tell you who it was that he believed had
8 financed the training he had taken?
9 A He mentioned to me, he says Usama Bin Laden is the one who
10 help a lot of groups over there, but he didn't go into detail
11 that he received that help.
12 Q Now, with respect to Somalia, did Khalfan tell you when it
13 was he was in Somalia?
14 A He didn't tell me when, but he just came up with that,
15 that he went to Somalia.
16 Q What business were you in at the time that Khalfan told
17 you he had been to Somalia?
18 A I was doing my own business of juice.
19 Q Did Khalfan indicate to you what it was that he had been
20 doing in Somalia?
21 MR. BAUGH: Objection, your Honor, 801. We have an
22 objection to this unless this conversation with the
23 codefendant is in furtherance of under 801(b)(2)(E).
24 THE COURT: Sustained.
25 MR. KARAS: I'll move on.
2666
1 Q Mr. Hamisi, during 1998 can you tell us whether or not you
2 had a chance to meet some friends of Khalfan?
3 A Yes.
4 Q Do you remember the names of any of those friends?
5 A Yes.
6 Q What were some of the names of Khalfan's friends that you
7 met?
8 A Hasan, Fahad, Ali, Bahari, Ismael.
9 Q Did you ever meet a friend of Khalfan's named Ahmed?
10 A Yes.
11 Q Beginning with Hasan, can you tell us what Hasan looked
12 like?
13 A Yes.
14 Q What did he look like?
15 A He's thin and tall.
16 MR. KARAS: If we could display Government Exhibit
17 117, please, which is already in evidence.
18 Q Mr. Hamisi, if you just take a look at the screen to your
19 left there. Do you recognize the person in that picture?
20 A Yes.
21 Q Who is that?
22 A Hasan.
23 Q Did you ever see Hasan with Khalfan at your juice caf‚?
24 A Yes.
25 Q With respect to Fahad, can you tell us what kind of
2667
1 business Fahad was in?
2 A According to what Khalfan told me he was bringing bed
3 sheet.
4 MR. KARAS: If we with could display what's in
5 evidence as 124.
6 Q Mr. Hamisi, will you take a look at the screen. Do you
7 recognize the person in that picture?
8 A Yes.
9 Q Who is that?
10 A Fahad.
11 MR. KARAS: And if we could display exhibit 125,
12 please.
13 Q Do you recognize the person on the screen?
14 A Ahmed.
15 Q Did you ever see Fahad and Ahmed together?
16 A No.
17 Q Mr. Hamisi, I'm going to ask you to look around the
18 courtroom and see if you can identify Khalfan.
19 A Yes.
20 Q Can you tell us what he's wearing?
21 MR. RUHNKE: Your Honor, we agree to the
22 identification.
23 THE COURT: Identification of the defendant KK
24 Mohamed is agreed to.
25 MR. KARAS: No further questions.
2668
1 CROSS-EXAMINATION
2 BY MR. RUHNKE:
3 Q Mr. Hamisi, good afternoon, sir.
4 A Fine.
5 Q I'm a little confused about how long you have known
6 Khalfan Mohamed. Can you tell me again when you first met
7 him?
8 A I met him after meeting his brother.
9 Q I am looking at an FBI interview of you, sir, that says
10 that you first met Khalfan Mohamed --
11 THE COURT: Let's not --
12 Q Did you ever tell the FBI that you first met Khalfan
13 Mohamed and his brother in 1988?
14 A No.
15 Q You first met his brother, is that Mohamed K. Mohamed?
16 A Yes.
17 THE COURT: Please keep your voice up so that those
18 in the courtroom who can speak Swahili can hear you.
19 Q The first person you met in this family then was Mohamed
20 K. Mohamed, correct, sir?
21 A Yes.
22 Q And did you also know Khalfan Mohamed's brother, Rubaya?
23 A Yes.
24 Q And you know that Rubaya and other members of Mr.
25 Mohamed's family live in the small town of Kadimni on
2669
1 Zanzibar, correct?
2 A Yes.
3 Q And you also mentioned that Mr. Mohamed had traveled to
4 Somalia; is that correct?
5 A Not Mohamed. Khalfan.
6 Q If I said Mohamed I'm mistaken. That Mr. Mohamed Khalfan
7 Mohamed had traveled to Somalia. Correct?
8 A Yes, he told me that.
9 Q And was that in 1996, 1997 period of time?
10 A I don't remember the year.
11 MR. RUHNKE: Could I please have the defense display
12 turned on, please, and for displaying to everybody and could I
13 see map 1.
14 Q Sir, did you see the map of Africa that I'm displaying on
15 the screen. Do you see that map?
16 A Yes.
17 Q Do you see Somalia on what's called the Horn of Africa?
18 A Yes.
19 Q Somalia touches Kenya, and Kenya touches Tanzania,
20 correct?
21 A Yes.
22 MR. RUHNKE: Thank you. You can knock that display
23 down.
24 THE COURT: Anything further of this witness?
25 MR. RUHNKE: Just briefly, your Honor.
2670
1 THE COURT: I'm sorry.
2 MR. RUHNKE: That's okay.
3 Q You knew that Mr. Khalfan Mohamed's brother, Mohamed K.
4 Mohamed, was working in Dar es Salaam for a period of time,
5 correct?
6 A I don't remember the period.
7 Q Do you remember that the brother, Mohamed K. Mohamed had
8 at some point moved from Dar es Salaam to London?
9 A Yes, 1997.
10 Q That was at the end of 1997, correct?
11 A I don't remember.
12 MR. RUHNKE: Thank you. I have no more questions.
13 THE COURT: Anything further?
14 MR. KARAS: Nothing further, your Honor.
15 THE COURT: Thank you. You may step down.
16 (Witness excused)
17 MR. KARAS: Your Honor, at this time we'd like to
18 read a stipulation marked for identification as exhibit 62.
19 It is hereby stipulated and agreed by and between the
20 parties as follows:
21 That Government Exhibit 1460 is a copy of an
22 application for a Tanzanian passport in the name of Abubakr K.
23 Ahmed, found in the records of the Tanzanian immigration
24 office in September, 1998. The application contains two
25 pictures of Ahmed Khalfan Ghailani.
2671
1 MR. KARAS: Your Honor, at this time the government
2 offers exhibit 62 the stipulation and 1460.
3 THE COURT: Received.
4 (Government's Exhibits 62 and 1460 received in
5 evidence)
6 MR. KARAS: If we could display 1460.
7 Your Honor, I'd like to read a stipulation marked
8 exhibit 60 for identification.
9 It is hereby stipulated and agreed as follows:
10 1. Government Exhibit 1421 is a certified copy of
11 the vehicle file in the Tanzania motor vehicle registry for a
12 1989 Suzuki Samurai with license registration number TZG7575.
13 Government Exhibit 1421-T is a fair and accurate English
14 translation of Government Exhibit 1421.
15 2. If called as a witness a Special Agent from the
16 Federal Bureau of Investigation would testify that on
17 September 2, 1998 he visited the Tanzania motor vehicle
18 registry and recovered a copy of a sales agreement dated June
19 9, 1998 for the sale of one Suzuki Samurai, Tanzania license
20 number, TZG7575 by A. J. Rutaiitwa to Khalfan Khamis Mohamed
21 for the price of one million two hundred thousand Tanzanian
22 shillings. The sales agreement has been marked as Government
23 Exhibit 1420.
24 At this time, your Honor, we move into evidence
25 exhibit 60 and 1420.
2672
1 THE COURT: Yes, received.
2 (Government's Exhibits 60 and 1420 received in
3 evidence)
4 MR. KARAS: If you could display exhibit 1420.
5 Your Honor, at this time the government calls
6 Mohamedi Selemani.
7 MOHAMEDI SELEMANI CHATWANDA,
8 called as a witness by the government,
9 having been duly sworn, testified as follows:
10 THE WITNESS: (In English) My name is Mohamed and my
11 father's name is Selemani and my family Chatwanda.
12 THE DEPUTY CLERK: Spell your last name.
13 THE WITNESS: C-H-A-T-W-A-N-D-A.
14 DIRECT EXAMINATION
15 BY MR. KARAS:
16 Q Good afternoon, sir.
17 (Answers in English)
18 A Good afternoon.
19 Q Where were you born?
20 A I was born in Tanzania.
21 Q When was that?
22 A Tanzania.
23 Q And when were you born?
24 A I beg your pardon?
25 Q When were you born?
2673
1 A I was born in 1930.
2 Q And where do you currently live?
3 A I'm staying in Dar es Salaam.
4 Q Can you tell us what it is that you do for a living?
5 A Well, now I'm just a businessman.
6 Q What kind of business are you in, sir?
7 A Well, just selling fish.
8 Q And before you were selling fish, what kind of business
9 were you in?
10 A Well, I was working in the post office.
11 Q That was in Dar es Salaam?
12 A Yes.
13 Q Did you also do work as a real estate broker?
14 A (Witness consults with interpreter) Yes, I was selling
15 and I was also find a little bit broker, an unlicensed broker.
16 Q And this is for real estate property in Dar es Salaam?
17 A Yes.
18 Q Is there an area of Dar es Salaam where you have done most
19 of your broker work?
20 A Well, they're not broker.
21 Q Are you familiar with the location known as plot number
22 213 in the Ilala district?
23 A Yes.
24 Q Back in 1998 did you help broker the leasing of that
25 premises?
2674
1 (Witness consults interpreter)
2 A Yes, I remember.
3 MR. KARAS: If we could display to the witness and
4 counsel only exhibit 1350A.
5 Q Sir, if you look at the screen there on the your left do
6 you recognize what that is a picture of.
7 A Yeah, I recognize. It's 213.
8 Q Ilala district?
9 A Yes.
10 Q And does that picture reflect what that house looked like
11 back in June of 1998?
12 A (Witness consults interpreter) Yes, the same.
13 MR. KARAS: Your Honor, we offer Government Exhibit
14 1350A.
15 MR. RUHNKE: No objection.
16 THE COURT: Received.
17 (Government's Exhibit 1350A received in evidence)
18 Q Can you tell us, sir, in June of 1998 who it was that you
19 helped rent that location to?
20 A Khalfani.
21 Q How was it that you met the person you know as Khalfani
22 A Well, first day he came his nephew and second day he came
23 together with his nephew, Khalfani he came together with his
24 nephew.
25 Q And did Khalfani tell you what type of house he was
2675
1 looking for?
2 A Well, he want, told me that he want big house and with a
3 big walls.
4 Q Big walls.
5 A Yes.
6 Q And did you take him to places that fit that description?
7 A Yeah.
8 Q The first place that you took him to, did he like it,
9 Khalfan?
10 A Yes.
11 Q Where was that place that you took him to?
12 A It's Ilala 213.
13 Q Had you taken him to other places?
14 A I took him but he was not a attracted like 213.
15 Q Did he explain why he didn't like the other places you had
16 taken him to?
17 A He explained because that's a big house and also has got a
18 big walls.
19 Q Did Khalfani tell you anything about whether or not he
20 wanted a driveway in the house?
21 A No, he had told me that he want a house which has got a
22 gate for a car.
23 Q And after Khalfani told you that he liked 213 Ilala what
24 happened next?
25 A (Witness consults interpreter) After that we went to the
2676
1 landlord.
2 Q What was the landlord's name?
3 A Mumin Ibrahim.
4 Q And what happened when you and Khalfan met with Mumin?
5 A We went there and then we paid the money.
6 Q And --
7 A One year rent.
8 Q When you went to pay the rent, was anybody with Khalfan?
9 A Yeah, he was.
10 Q What was that person's name?
11 A Well, I can't remember. I remember Khalfani better
12 because he used to come now and then always.
13 Q And the person whose name you don't remember, can you
14 describe what he looked like?
15 A Who?
16 Q The person who was with Khalfan, whose name you don't
17 remember.
18 A Yeah.
19 Q What did he look like?
20 A He looked like thin. Well, he's got a small beard.
21 Q And could you tell whether or not this person spoke
22 Swahili?
23 A Well, he doesn't speak Swahili.
24 Q And when Khalfan and this person were seeking speaking to
25 each other could you tell what language they were speaking
2677
1 with?
2 A They were speaking Arabic. When Khalfani wants to talk to
3 me we talk Swahili, and Khalfani if he wants to talk to his
4 friends or his family they speak Arabic. The other one
5 doesn't speak Swahili even and English.
6 MR. KARAS: If we can display what's already marked
7 in evidence as 117.
8 Q Do you recognize the person in that picture?
9 A Yeah.
10 Q Who is that person?
11 A Is a neighbor of Khalfani.
12 Q I'm sorry?
13 A He was two, we went together to that house and he was
14 staying together with Khalfani.
15 Q Do you know the name of the person that's in that picture?
16 A The first name I don't know.
17 Q Okay. When you say that "we went together," can you tell
18 us exactly where it was that you went with this person?
19 A I think so.
20 Q And where was that?
21 A We went together to pay the money.
22 Q So was the person in that picture there when Khalfani paid
23 the money for 213?
24 A Yeah, he was there.
25 Q Who actually gave the money to the landlord?
2678
1 A Well, this is the one who paid the money, but he count and
2 pass the money to Khalfani and Khalfani send to the landlord.
3 Q Who was the person between Khalfani and the person in the
4 picture who did the negotiating with the landlord?
5 A No, Khalfani he was negotiation, negotiate with the
6 landlord because this fellow doesn't speak Swahili even and
7 English.
8 Q When you first went to the landlord what was the rent that
9 the landlord wanted to be paid?
10 A Well, it was 80, but Khalfani was claiming it be reduced
11 to 65,000 shillings a month.
12 Q What was the price that was finally agreed to?
13 A What?
14 Q What was the rent?
15 A Rent it was 65.
16 Q That was the final agreement?
17 A Yeah.
18 Q And was that per month?
19 A Per month. One month.
20 Q For how long did Khalfani rent 213?
21 A For one year.
22 Q And was there any kind of a signed agreement that
23 reflected that one-year lease?
24 A Yeah, there was agreement with landlord and sister of the
25 landlord including this fellow and Khalfani.
2679
1 Q Can you tell whether or not you were there when the lease
2 was signed?
3 A (Witness consults interpreter) Yeah, I was there.
4 MR. KARAS: May I approach the witness, your Honor?
5 THE COURT: Yes.
6 Q Sir, I've put before you what has been marked for
7 identification as Government Exhibit 1353.
8 Can you take a look at that. Do you recognize that?
9 A Yeah.
10 Q What is it?
11 A The agreement on 16 June.
12 Q Is that the lease that Khalfani signed for 213 Ilala?
13 A Yeah.
14 MR. KARAS: Your Honor, we offer exhibit 1353.
15 THE COURT: Received.
16 (Government's Exhibit 1353 received in evidence)
17 MR. KARAS: If we could display it.
18 I have no further questions.
19 THE COURT: Mr. Ruhnke.
20 CROSS-EXAMINATION
21 BY MR. RUHNKE:
22 Q Good afternoon, sir.
23 The agreement was finally negotiated for 65,000
24 Tanzanian shillings per month; is that correct?
25 A Yeah, correct.
2680
1 Q And once the agreement was reached Khalfani, as you called
2 him, turned and spoke to the other man in Arabic. Is that
3 correct?
4 A Yeah.
5 Q And did you understand a few words of Arabic?
6 A Yeah.
7 Q And he was asking him to give the money, correct, to give
8 him the money to give to the landlord, correct?
9 A (Witness consults interpreter) Yeah.
10 Q And so what happened is the man who spoke Arabic gave the
11 money to Khalfani who then gave it to the landlord; is that
12 correct?
13 A No, the Arabic doesn't know English and Swahili but they
14 were speaking the amount which Khalfani could take to his
15 friend or to his neighbors.
16 Q So the man whose picture was just shown to you, he is the
17 man that had the money that was paid for the one year rent,
18 correct?
19 A (Witness consults interpreter) Yeah, he was the one who
20 paid.
21 MR. RUHNKE: Thank you, sir. I don't have any more
22 questions. Thank you very much.
23 THE COURT: Anything further of this witness?
24 MR. KARAS: No, your Honor.
25 THE COURT: Thank you. You may step down. Thank
2681
1 you.
2 (Witness excused)
3 THE COURT: The government may call its next witness.
4 MR. KARAS: Your Honor, the government at this time
5 would like to read from a stipulation that is marked for
6 identification as Government Exhibit 64.
7 It is hereby stipulated as follows:
8 1. On September 26, 1998 an inspector from the
9 Tanzanian Criminal Investigation Division led a team of
10 investigators from the Tanzanian CID to conduct a lawful
11 search of a location known as 22 Kidugalo Street Ilala
12 District, Dar es Salaam, Tanzania. This location is a
13 dwelling occupied by Salaam Islam.
14 2. During the search on September 26, 1998 a
15 Tanzanian inspector recovered among other items one piece of
16 luggage marked as Government Exhibit 1430, a photograph of
17 which is marked as Government Exhibit 1430-P. Inside the
18 piece of luggage among the items were clothes, one electric
19 Wasser washer and one wrench. The washer is marked as
20 Government Exhibit 1431 and a photograph of the washer is
21 marked as Government Exhibit 1431-P. The wrench is marked as
22 Government Exhibit 1432 and a photograph of the wrench is
23 marked as Government Exhibit 1432-P.
24 3. The luggage and its contents were turned over to
25 a Special Agent from the Federal Bureau of Investigation. The
2682
1 luggage and its contents later were transported from Dar es
2 Salaam Tanzania to the United States via airplane and brought
3 to the forensics laboratory at FBI headquarters in Washington,
4 D.C.
5 Your Honor, at this time we offer Government Exhibit
6 64 and the exhibits referenced therein.
7 THE COURT: Received.
8 (Government's Exhibits 64, 1430, 1430-P, 1431,
9 1431-P, 1432 and 1432-P received in evidence)
10 Finally, your Honor, stipulation marked for
11 identification as Government Exhibit 65 which reads as
12 follows:
13 It is hereby he stipulated and agreed by the parties
14 that:
15 1. On October 20 and October 23, 1998 investigators
16 from the Tanzanian Criminal Investigation Division, CID, and
17 special agents from the Federal Bureau of Investigation
18 conducted a lawful search of the premises known as UB number
19 48 Rubanka, Dar es Salaam Tanzania. After the search on
20 October 20, 1998 an FBI agent obtained custody of a flour mill
21 which is marked as Government Exhibit 1440. A photograph of
22 the flour mill is marked as Government Exhibit 1440-P. The
23 flour mill was transported from Dar es Salaam, Tanzania to the
24 United States via airplane and brought to the forensics
25 laboratory at FBI headquarters in Washington, DC.
2683
1 3. After the search on October 23, 1998, and FBI
2 agent obtained custody of one ceiling fan motor, one set of
3 ceiling fan blades, one piece of vinyl flooring, and one
4 children's toilet seat which are marked as Government Exhibit
5 1441 through 1444 respectively. Photographs of these items
6 are marked as Government Exhibits 1441-P through 1444-P
7 respectively. These items were transported from Dar es Salaam
8 Tanzania to the United States via airplane and brought to the
9 forensics laboratory at FBI headquarters in Washington, D.C.
10 Your Honor, at this time we move into evidence Grand
11 Jury Exhibit 65 and the exhibits referenced therein.
12 THE COURT: Received.
13 (Government's Exhibits 65, 1440, 1440-P, 1441 through
14 1444 and 1441-P through 1444-P received in evidence)
15 (Continued on next page)
16
17
18
19
20
21
22
23
24
25
2684
1 MOHAMED MUSLIM SALUM,
2 called as a witness by the government,
3 having been duly sworn, testified as follows:
4 DIRECT EXAMINATION
5 BY MR. KARAS:
6 Q Good afternoon, sir.
7 A Fine.
8 Q Can you tell us where you were born.
9 A Zanzibar.
10 Q Where do you currently live?
11 A Zanzibar.
12 Q Have you lived in Zanzibar all your life?
13 A Yes.
14 Q Have you also spent some time in Dar es Salaam?
15 A Yes.
16 Q Do you know somebody by the name of Khalfan Khamis
17 Mohamed?
18 A Yes.
19 Q When did you first meet him, approximately?
20 A I think in 1994.
21 Q How was it that you met him?
22 A After I met his young sister.
23 Q Sir, directing your attention to June of 1998, do you know
24 where Khalfan Khamis Mohamed lived?
25 A Magomeni.
2685
1 Q Is that an area within Dar es Salaam?
2 A Yes.
3 Q Do you know the exact address of where Khalfan lived at
4 that time?
5 A No, I don't know.
6 Q If we could display what is marked in evidence as 1350A.
7 Sir, if you could take a look at the screen there on your
8 left, do you recognize that house?
9 A Yes.
10 Q Can you tell us the first time you visited that house?
11 A The end of June 1998.
12 Q Why did you go there?
13 A I went there to inspect the house so that when the tenants
14 that were there moved out I could rent to other people.
15 Q Did you go there by yourself or with somebody else?
16 A I went with Khalfan.
17 Q Did Khalfan invite you to come to that house?
18 A Yes.
19 Q When you went to that house with Khalfan, what was your
20 understanding of where he was living at that time?
21 A Magomeni.
22 Q Is that house in the Magomeni area of Dar es Salaam?
23 A Yes.
24 Q When you went to that house, was it your understanding
25 that that's where Khalfan was living?
2686
1 A No. He told me that his friend lives there.
2 Q Did he tell you how many of his friends lived there?
3 A No.
4 Q You mentioned earlier that you were invited to go do an
5 inspection of that house. What was the purpose of your
6 inspection?
7 A That if his friends moved out, then I can rent the place.
8 Q Did Khalfan indicate to you whether or not he expected his
9 friends to move out from that place?
10 A In a short period of time.
11 Q Did Khalfan impose any requirements on who you should rent
12 that place out to?
13 A Yes.
14 Q What were those requirements?
15 "A He want light-skinned like us.
16 Q Did you go into the house the first time you visited it in
17 June?
18 A Yes.
19 Q Who if anybody was in the house when you went in?
20 A I don't see but I saw a young kid go open the door.
21 Q After you saw the young kid, did you see anybody else in
22 the house?
23 A No.
24 Q Can you tell us how many rooms you saw inside the house?
25 A I saw one room, the first room, and the second room was
2687
1 woman inside, I couldn't go inside, and I saw the third one,
2 the third one was locked. I couldn't see inside.
3 Q Did Khalfan introduce you to any of his friends when you
4 went to inspect the house that day?
5 A No.
6 Q Did you ever go back to that house after the first visit?
7 A Yes.
8 Q How many days or weeks after your first visit did you
9 return to that house?
10 A After three weeks.
11 Q What happened when you went back the second time?
12 A I didn't see anything. I knocked the door but nobody
13 opened the door.
14 Q Did you go back to the house a third time?
15 A Yes.
16 Q Sir, do you remember when you learned that the American
17 Embassy had been bombed in Dar es Salaam?
18 A I think it was August 7, 1998.
19 Q When you went back to the house the third time, was it
20 before or after August 7, 1998?
21 A After the explosion.
22 Q What did you see when you went -- did you get into the
23 house?
24 A Yes.
25 Q How did you get into the house?
2688
1 A I have a key from Salum.
2 Q Who is Salum?
3 A He is the uncle of Khalfan.
4 Q Khalfan is Salum's uncle?
5 A Yes.
6 Q What did you see in the house when you went inside?
7 A Mattress, curtains, fan.
8 Q What kind of fan, sir?
9 A Pot for kids, bed.
10 Q What else?
11 A I think that's all I saw.
12 Q And you mentioned a fan. What kind of fan?
13 A Ceiling fan.
14 Q What if anything did you do with those items you saw
15 inside the house?
16 A I took them.
17 Q Where did you take them?
18 A I took them to my brother's house.
19 Q Do you know the number of the house that he lives in?
20 A I don't remember.
21 Q Do you know what district it is in within Dar es Salaam?
22 A Magomeni.
23 Q Sir, I place before you three items. If we could start
24 with the item to your left, which, for the record, is Exhibit
25 1441, can you tell us what that item is to your left?
2689
1 A Yes, it's a ceiling fan.
2 Q What about the item directly in front of you, which is
3 1442?
4 A It's a fan for the ceiling --
5 Q Is it the blades?
6 A The blades.
7 Q And the item to your far right, which, for the record, is
8 1444.
9 A That's the pot.
10 Q After you went to that house with Khalfan in June 1998,
11 did you see him thereafter at any time?
12 A No.
13 Q Sir, I am going to ask you to take a look around the
14 courtroom, and if you could let us know whether or not you see
15 Khalfan Khamis Mohamed in the courtroom.
16 A Yes.
17 Q Can you tell us what he is wearing, sir.
18 MR. RUHNKE: Your Honor, we concede the
19 identification of the defendant.
20 MR. KARAS: No further questions.
21 THE COURT: The record will indicate the
22 identification of Khalfan Khamis Mohamed is conceded.
23 MR. KARAS: No further questions.
24 CROSS-EXAMINATION
25 BY MR. RUHNKE:
2690
1 Q How are you?
2 A Fine.
3 Q So I understand the record, your brother is named Salum,
4 Salum; is that correct?
5 A Salum Muslim.
6 Q But your brother Salum Muslim is married to Zuhuru, who is
7 Khalfan Khamis Mohamed's sister; is that correct?
8 A Yes.
9 Q So you are the brother-in-law to Zuhuru; is that correct?
10 A Yes.
11 Q You still live on Zanzibar; is that correct?
12 A Yes.
13 Q Have you visited the home of Khalfan Mohamed's mother in
14 Kidimni?
15 A Yes.
16 Q Do you know Mr. Mohamed's mother then, Hadyea Rubeya?
17 A Repeat the name again.
18 Q Have you met Mr. Khalfan Mohamed's mother Hadyea?
19 A Yes.
20 Q Do you know Mr. Mohamed's twin sister Fatuma?
21 A Yes.
22 Q Do you know her husband Masselim Masselim?
23 A Yes.
24 Q You know Mr. Mohamed also has a brother named Nassor, but
25 am I correct that you have never actually met Nassor?
2691
1 A Yes.
2 Q Have you met Nassor?
3 A Yes.
4 Q For a period of time Nassor was living in Canada; is that
5 correct?
6 A Yes.
7 Q And you know Mr. Mohamed's brother Mohamed K. Mohamed,
8 correct?
9 A Yes.
10 Q Do you know that Mohamed K. Mohamed is now living in
11 London?
12 A Yes.
13 Q Do you know Mr. Mohamed's other sister Salma?
14 A No, I don't know. No.
15 Q How about his half sister Raya, Raya Juma?
16 A No, I don't know.
17 Q Or his half brother Haji Juma, who lives on Pemba?
18 A No, I don't know him.
19 Q Kidinmni is a very rural area of Zanzibar, is it not?
20 A Yes.
21 Q It is dirt roads and farms mostly, correct?
22 A Yes.
23 Q The items in front of you, the fan, the blades -- and the
24 item far to your right is a child's toilet; is that correct?
25 A Yes.
2692
1 Q As I understand the situation, Mr. Mohamed, Khalfan
2 Mohamed, brought you to the house at 213 Ilala, correct?
3 A Yes.
4 Q He told you that the people who were living there were
5 going to be leaving soon; is that correct?
6 A Yes.
7 Q He wanted you, once the people left, to bring those things
8 to his sister Zuhuru, correct?
9 A Yes.
10 (Continued on next page)
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
2693
1 MR. RUHNKE: Thank you, sir. I have no more
2 questions.
3 THE COURT: Anything further?
4 MR. KARAS: No, your Honor.
5 THE COURT: Very well. You may step down.
6 (Witness excused)
7 THE COURT: We will take our midafternoon recess.
8 (Recess)
9 (Jury not present)
10 THE COURT: Mr. Interpreter, please tell the witness
11 to speak into the microphone in a loud voice so that those in
12 the courtroom who speak Swahili can hear him.
13 What date did I give defense counsel for their
14 requests to charge?
15 MR. WILFORD: 23rd, your Honor.
16 (Jury present)
17 THE COURT: The government may call its next witness.
18 MR. KARAS: Your Honor, the government calls Zahran
19 Nassor Maulid.
20 ZAHRAN NASSOR MAULID,
21 called as a witness by the government,
22 having been duly sworn, testified as follows:
23 (Witness testifies in English)
24
25 (Continued on next page)
2694
1 DIRECT EXAMINATION
2 BY MR. KARAS:
3 Q Mr. Maulid, good afternoon.
4 A Good afternoon.
5 Q Sir, do you know Khalfan Khamis Mohamed?
6 A Yes.
7 Q How do you know him?
8 A I know him because we are football players and we are in
9 the same school.
10 Q Was that in the late 1980's, sir, that you went to school
11 with Khalfan?
12 A About '87 or '88.
13 Q Where do you work?
14 A I work to the Registrar Office in Zanzibar.
15 Q How long have you worked there?
16 A About five years.
17 Q What does the Registrar Office do in Zanzibar?
18 A We produce documents, birth certificates, document of
19 marriage, document of house, and document of companies.
20 Q What is it you exactly do at the Registrar Office?
21 A I am a clerk.
22 Q Sir, did there come a time that Khalfan Khamis Mohamed
23 came to you and asked for your help on something?
24 A February 1, 1998.
25 Q February 1998?
2695
1 A Yes, but February, March 1, 1998.
2 Q What was it that Khalfan Khamis Mohamed asked you to do
3 for him?
4 A He asked me to borrow him my birth certificate.
5 Q Can you tell us whether or not he also asked for a school
6 certificate?
7 A Yes.
8 Q Did you give him a school certificate?
9 A Yes.
10 Q In what name was the school certificate?
11 A Zahran Nassor Maulid.
12 Q Which is your name?
13 A Yes.
14 Q Did you give him the birth certificate?
15 A Yes.
16 Q What name was the birth certificate in?
17 A Zahran Nassor Maulid.
18 MR. KARAS: May I approach, your Honor?
19 THE COURT: Yes.
20 Q Mr. Maulid, I have placed before you what has been marked
21 for identification as Government's Exhibit 1453A. Can you
22 take a look at that document that is sitting in front of you.
23 Do you recognize it?
24 A Yes.
25 Q What is it?
2696
1 A This is a birth certificate.
2 Q In whose name?
3 A Zahran Nassor Maulid.
4 Q Is that a legitimate birth certificate in your name?
5 A That is not true.
6 Q When you say it is untrue, does that mean it is a valid
7 birth certificate, or it is not a valid birth certificate?
8 A (Through interpreter) He is trying to identify valid and
9 not valid.
10 Q Let me ask you this question, sir. Did you make any
11 changes to the birth certificate?
12 A Yes.
13 Q What changes did you make?
14 A I changed the date of birth, the tribe and occupation of
15 the father, and the name of Maulid.
16 Q Who asked you to do that?
17 A Khalfan Khamis Mohamed.
18 Q Did there come a time that Khalfan asked for your help in
19 obtaining a passport?
20 A Yes.
21 Q In whose name did he want the passport?
22 A Zahran Nassor Maulid.
23 Q Did you get him a passport in your name?
24 A No.
25 Q Did he ask you for any other documents, for you to produce
2697
1 any other documents for him?
2 A He asked me about a marriage certificate.
3 Q In whose name did he want the marriage certificate?
4 A Zahran Nassor Maulid.
5 Q Who was to be the spouse in that marriage certificate?
6 A Rahma --
7 Q I am sorry. What was the full name?
8 A Rahma Ahmed Khamis.
9 Q Do you know anybody by the name of Rahma Ahmed Khamis?
10 A Yes.
11 Q Who do you know by that name?
12 A Wife of the brother of Khalfan.
13 Q Did Khalfan ask for any birth certificates?
14 A Yes.
15 Q In whose names?
16 A Sumaiyya and Usama.
17 Q Did you get those items for Khalfan?
18 A Yes.
19 Q Did Khalfan indicate to you why it was he wanted all these
20 documents?
21 A Yes.
22 Q Why did he say he wanted these documents?
23 A He said he want to apply a visa for United Kingdom to his
24 brother.
25 Q Can you tell us the last time you saw Khalfan?
2698
1 A On that year that he came to take the certificates.
2 Q Does that include the birth certificate in your name that
3 is in front of you there?
4 A Yes.
5 MR. KARAS: Your Honor, we offer Government's Exhibit
6 1453A.
7 MR. RUHNKE: No objection.
8 THE COURT: Received.
9 (Government's Exhibit 1453A received in evidence)
10 Q Sir, do you see Khalfan Khamis Mohamed here in the
11 courtroom today?
12 A I didn't see him.
13 MR. KARAS: No further questions.
14 CROSS-EXAMINATION
15 BY MR. RUHNKE:
16 Q Mr. Maulid, good afternoon. How are you, sir?
17 A Good afternoon.
18 Q You know that Rahma Ahmed is married to Khalfan Khamis
19 Mohamed's brother Mohamed K. Mohamed, correct?
20 THE INTERPRETER: Can you repeat it.
21 Q You were asked to help to get a birth certificate or a
22 marriage certificate for Rahma Ahmed Khamis, correct?
23 A Yes.
24 Q You know that she is the wife of Khalfan Mohamed's
25 brother; is that correct?
2699
1 A Yes.
2 Q The brother in this case is Mohamed K. Mohamed, correct?
3 A Yes.
4 Q You knew at the time this was happening, which was early
5 1998, that Mohamed K. Mohamed was living in London; is that
6 correct?
7 A Yes.
8 Q And Khalfan Mohamed told you that he wanted to go to
9 London to start a new life, correct?
10 A Yes.
11 Q And that he lacked the necessary education, he thought, to
12 qualify for a visa; is that correct?
13 A Yes.
14 Q You and he went to the same school; is that correct?
15 A Yes.
16 Q Is that the school in Dunga, D-U-N-G-A, the Dunga school?
17 A No.
18 Q What school did you attend with him?
19 A We are a secondary school.
20 Q How old are you, sir, today? How old are you?
21 A I? I am ninth.
22 Q Twenty-nine?
23 A Yes.
24 Q So you are older, maybe a year older than Mr. Mohamed; is
25 that correct?
2700
1 A Yes.
2 Q You finished your secondary education, correct?
3 A Yes.
4 Q He did not finish his secondary education, correct?
5 A Correct.
6 Q Is that your understanding of why he wanted your
7 certificate of education? Do you understand that is why he
8 wanted it?
9 A Yes.
10 Q The two children you mentioned, Sumaiyya and Usama, are
11 the daughter and the son of Mohamed K. Mohamed, correct?
12 A Correct.
13 Q And also of his wife Rahma Ahmed Mohamed, correct?
14 A Yes.
15 Q As you understood the plan, sir, Mr. Khalfan Mohamed
16 wanted to go to the UK to be with his brother, correct?
17 A Correct.
18 Q And he was going to bring his brother's family with him
19 pretending that they were his family; is that correct?
20 A Correct.
21 Q So that everyone could move to London together, correct?
22 A Yes.
23 Q You knew also that -- you knew other members of
24 Mr. Khalfan Mohamed's family, correct, from Zanzibar?
25 A Yes.
2701
1 Q You had been to their home in the little village of
2 Kidimni?
3 A Yes.
4 Q You played football or soccer with Rubeya, correct?
5 A Yes.
6 Q Rubeya was a very good soccer player?
7 A Yes.
8 MR. RUHNKE: Thank you, your Honor. I have no
9 further questions.
10 MR. KARAS: Very brief, your Honor.
11 REDIRECT EXAMINATION
12 BY MR. KARAS:
13 Q Sir, the documents that Khalfan Khamis Mohamed asked you
14 to produce, did he ask you to produce any of those documents
15 in his name?
16 A No.
17 Q Did he ask you for a passport in his name?
18 A No.
19 MR. KARAS: Nothing further.
20 THE COURT: Anything further of this question?
21 MR. RUHNKE: Just a moment for a quick question.
22 RECROSS-EXAMINATION
23 BY MR. RUHNKE:
24 Q If somebody went to look for a certificate of school
25 completion in the name of Khalfan Khamis Mohamed, it would not
2702
1 find one, is that correct, if somebody checked, because he did
2 not finish school, correct?
3 A Yes.
4 (Continued on next page)
5
6
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9
10
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12
13
14
15
16
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18
19
20
21
22
23
24
25
2703
1 MR. RUHNKE: Thank you, sir. No more questions.
2 THE COURT: Thank you, sir. You may step down.
3 (Witness excused)
4 THE COURT: Anything further today?
5 MR. FITZGERALD: The next witness is 20 minutes, your
6 Honor.
7 THE COURT: We will do that on Monday.
8 Have a good weekend. Please remember not to read,
9 watch, listen to anything about this case or about any other
10 case that you think may be in any way related to this case.
11 Have a good weekend. We will see you on Monday.
12 (Jury excused)
13 THE COURT: Anything further? We are adjourned until
14 Monday morning.
15 (Proceedings adjourned until Monday, March 19, 2001,
16 at 10:00 a.m.)
17
18
19
20
21
22
23
24
25
2704
1
2 INDEX OF EXAMINATION
3 Witness D X RD RX
4 SATOSHI MITSUGI.........2581 2588
5 MOHAMED ZAIDI...........2593 2601 2604
6 THABIT SAADALLA.........2604 2609
7 JULIUS KISINGO CEM......2610 2621
8 AMINA RASHID.......... 2630
9 ABDULWAHDI AHMED SALUM..2639 2645
10 ALLY SAID ALI...........2653 2658
11 ABDALLAH HAMISI SHLLM...2661 2668
12 MOHAMEDI CHATWANDA.... 2672 2679
13 MOHAMED MUSLIM SALUM....2684 2689
14 ZAHRAN NASSOR MAULID....2693 2698 2701 2701
15
16
17 GOVERNMENT EXHIBITS
18 Exhibit No. Received
19 1175 .......................................2584
20 54 .........................................2592
21 55 .........................................2592
22 1300 .......................................2597
23 1456A ......................................2606
24 1456F ......................................2607
25 1457 .......................................2607
2705
1 1178B ......................................2613
2 1178A ......................................2615
3 58, 1176, 1176-T, 1177 and 1177-T ..........2627
4 61, 1300, 1302 through 1305, 1302-P
5 through 1305-P, 1306A-I, 1306E-P, 1307,
6 1308 1309A-B............................... 2629
7 124 ........................................2634
8 63, 1400A, 1400B, 1401, 1402, 1401-P
9 and 1402-P..................................2638
10 62 and 1460 ................................2671
11 60 and 1420 ................................2672
12 1350A ......................................2674
13 1353 .......................................2679
14 64, 1430, 1430-P, 1431, 1431-P,
15 1432 and 1432-P............................. 2682
16 65, 1440, 1440-P, 1441 through 1444
17 and 1441-P through 1444-P................... 2683
18 1453A ......................................2698
19
20
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22
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