27 March 2001
Source: Digital file from the Court Reporters Office, Southern District of
New York; (212) 805-0300.
This is the transcript of Day 23 of the trial, 27 March 2001.
See other transcripts: http://cryptome.org/usa-v-ubl-dt.htm
3386
1 UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
2 ------------------------------x
3 UNITED STATES OF AMERICA
4 v. S(7)98CR1023
5 USAMA BIN LADEN, et al.,
6 Defendants.
7 ------------------------------x
8
New York, N.Y.
9 March 27, 2001
9:30 a.m.
10
11
12 Before:
13 HON. LEONARD B. SAND,
14 District Judge
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3387
1 APPEARANCES
2 MARY JO WHITE
United States Attorney for the
3 Southern District of New York
BY: PATRICK FITZGERALD
4 DAVID KELLEY
KENNETH KARAS
5 PAUL BUTLER
Assistant United States Attorneys
6
7 SAM A. SCHMIDT
JOSHUA DRATEL
8 KRISTIAN K. LARSEN
Attorneys for defendant Wadih El Hage
9
ANTHONY L. RICCO
10 EDWARD D. WILFORD
CARL J. HERMAN
11 SANDRA A. BABCOCK
Attorneys for defendant Mohamed Sadeek Odeh
12
FREDRICK H. COHN
13 DAVID P. BAUGH
LAURA GASIOROWSKI
14 Attorneys for defendant Mohamed Rashed Daoud Al-'Owhali
15 DAVID STERN
DAVID RUHNKE
16 Attorneys for defendant Khalfan Khamis Mohamed
17
18 (In open court; jury not present)
19 THE COURT: Good morning. We set 9:30. There were
20 some relevance question.
21 MR. KARAS: We don't know the details.
22 THE COURT: You still don't know? Let me know when
23 Mr. Schmidt and Mr. Dratel arrive.
24 MR. KARAS: Yes, Judge.
25 (Recess)
3397
1 (Pages 3388 through 3396 sealed)
2 (In open court; jury present)
3 THE COURT: Good morning. Mr. Williams, you're still
4 under oath.
5 THE WITNESS: Yes, sir.
6 MR. KARAS: May I proceed, your Honor?
7 THE COURT: Yes, please.
8 PAUL WILLIAMS, resumed.
9 DIRECT EXAMINATION
10 BY MR. KARAS:
11 Q. Detective Constable Williams, we left off yesterday and
12 you were reviewing what had been marked for identification as
13 Government Exhibit 1502-ID, and I'm going to approach with you
14 that as well as 1502 through 1514, 1515 A and B, 1516, through
15 1525, 1526A and B and 1527, and ask you to take a look at
16 them.
17 A. Yes, sir.
18 Q. 1502-ID I believe you told us yesterday what that was.
19 Could you just refresh our memory, please?
20 A. Yes, sir. It's two blue folders containing miscellaneous
21 papers.
22 Q. And where were those blue folders seized from?
23 A. At the rear boot, the trunk of motor vehicle in London.
24 Q. In whose motor vehicle?
25 A. Eidarous.
3398
1 Q. Mr. Eidarous?
2 A. Yes.
3 Q. And with respect to the other exhibits that are in the
4 folder that I listed earlier, can you tell us whether or not
5 you reviewed those before you came to court today?
6 A. Yes, I did, sir.
7 Q. And can you tell us where those were pulled from?
8 A. They were pulled from 1502-ID, the blue folders.
9 MR. KARAS: At this time we offer 1502, 1503, 1504,
10 1505, 1506, 1507, 1508, 1509, 1510, 1511, 1512, 1513, 1514,
11 1515A, 1515B, 1516, 1517, 1518, 1519, 1520. There is no 1521.
12 1522, 1523, 1524, 1525, 1526A and B, and 1527.
13 THE COURT: Received.
14 (Government's Exhibits 1502, 1503, 1504, 1505, 1506,
15 1507, 1508, 1509, 1510, 1511, 1512, 1513, 1514, 1515A, 1515B,
16 1516, 1517, 1518, 1519, 1520, 1522, 1523, 1524, 1525, 1526A
17 and B, and 1527 received in evidence)
18 MR. KARAS: If we could display please, exhibit 1502.
19 Q. Sir, for the record if you could just read the handwriting
20 at the top there of 1502 on the screen as it appears to your
21 left?
22 A. It appears to be the name Mr. Noor.
23 Q. N-O-O-R?
24 A. Yes, sir.
25 MR. KARAS: Now, if we could display exhibit 1508,
3399
1 please. If we could turn that exhibit upside down. If we
2 could focus on the writing at the very top.
3 For the record, sir, if you can just read that at the
4 top there what that reads?
5 A. Sure. It says from Hafiz Ghulam Shabbir and I'll spell
6 the is your name if I may, M-S-Q-U --
7 MR. COHN: I'm sorry, but there is some technical
8 problem that is insurmountable with the interpreters and we're
9 waiting for Mr. Blum to show up.
10 THE COURT: A technical problem.
11 MR. COHN: There is no sound? I'm sorry, sir.
12 THE COURT: Is somebody working on it now?
13 MR. COHN: I gather Mr. Blum is on his way, but until
14 he shows up there is no interpreting.
15 THE COURT: We're waiting for him to come and you
16 might find it more relaxing to wait in the jury room. He's on
17 the way. All right.
18 (Continued on next page)
19 (At the sidebar)
20 MR. COHN: I know that your Honor has had problems
21 with the security aspect of this in the past, but rather than
22 delay would the Court consider having Mr. Cadouni next to
23 Mr. Al-'Owhali until the repair is done?
24 THE COURT: No.
25 MR. COHN: I just thought that would be a practical
3400
1 way to solved it.
2 THE COURT: Thank you.
3 (Continued on next page)
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3401
1 (In open court)
2 THE COURT: The jury may return to the jury room
3 where you'll be more comfortable.
4 (Recess)
5 (In open court; jury not present; witness resumed)
6 MR. KARAS: Your Honor, while we're waiting for the
7 jury, I think all counsel are here, one of the exhibits we're
8 going to display is a listing of the calling codes for
9 countries and time zones. It's a chart we provided to defense
10 counsel. We would offer that as Government Exhibit 98 and I
11 understand there is no objection.
12 MR. COHN: There is none.
13 THE COURT: You're offering it now.
14 MR. KARAS: Yes, Judge.
15 THE COURT: Exhibit 98 received by consent of the
16 parties.
17 (Government's Exhibit 98 received in evidence)
18 (Jury present)
19 THE COURT: Mr. Karas, you may continue.
20 MR. KARAS: Thank you, your Honor.
21 Q. Det. Constable, I believe you were reading the heading of
22 header of that document or the footer as it were?
23 A. Yes, sir.
24 Q. I think you left off with the surname?
25 A. I'll spell it if I may, M-S-Q, U-R-A-N-A-L, phone number
3402
1 international number. I'll start the numbers 533453689. The
2 date July 3, 1998 at 6:33 p.m., P1.
3 MR. KARAS: If we could display that document on the
4 left side of the screen and on the right side if we could call
5 up Government Exhibit 98.
6 Q. Sir, do you see the document on the screen on the right
7 there, Government Exhibit 98?
8 A. Yes, sir.
9 Q. If we could focus in on the first couple of rose there.
10 Do you see an entry for Albania?
11 A. Yes, sir.
12 Q. Below the column there if says IBT international dial
13 code. If you read the numbers that are listed there?
14 A. 355.
15 BY MR. KARAS:
16 Q. If we could display again in the left side of the screen
17 the entire document.
18 On the left side -- I'm sorry -- of the screen if we
19 could display 1508, on the right side if we could display
20 1509.
21 Q. Sir, can you tell us what if any difference there is
22 between 12508 and 12509?
23 A. Yes, sir, the difference is the fax header is missing.
24 Q. From which document?
25 A. 1509.
3403
1 Q. If we could actually turn 1509 upside down.
2 Is there anything else on 12509, any other markings
3 on 12509 that you do not see on 12508?
4 A. Yes, sir.
5 Q. What would that be?
6 A. The top left-hand corner there is a mark, a striation
7 mark.
8 Q. Can you tell us what a striation mark is?
9 A. Basically it's a mark that's peculiar to that particular
10 piece of paper and the copying of it.
11 Q. If we could pull up on the left side of the screen 1510,
12 please, and on the right side, 1511.
13 Now, for the record, sir, can you tell us whether or
14 not by looking at these documents that these appear to be
15 copies of the same document?
16 A. Yes, sir.
17 Q. And for the record if you could tell us which of 1510 or
18 11 is the original?
19 A. 1511.
20 Q. Can you tell us what differences there are between 1510
21 and 11.
22 A. 1510 is missing the fax header which clearly shows on
23 1511.
24 Q. Is there anything on 1510 that is not on 1511?
25 A. Yes, in the top left-hand corner there is the striation
3404
1 mark again.
2 Q. If we could focus in on the header on 1511, please.
3 Actually, if we could just pull that document up by itself on
4 the screen.
5 If you could read the top line of that fax header,
6 sir?
7 A. Yes. It says to phone number 00441819600574. Date is
8 June 15, 1998 at 847 a.m., P3.
9 Q. The number there 0044, do you know what country code that
10 belongs to?
11 A. UK.
12 Q. The digits 181, do you know what that signifies?
13 A. London.
14 Q. The second line if you could read that, please?
15 A. Sure. It's from, and the initial letters 2L and then the
16 names HA-A-M-I-N Islamic foundation.
17 Q. Across to the right the phone number?
18 A. 003554234637.
19 Q. Now, if we would display on the screen exhibit 1515A.
20 Do you have 1515A the original in your hand there,
21 sir?
22 A. Yes, I do.
23 Q. Can you tell us what, if anything, is at the top of that
24 document?
25 A. Yes, the top of the page has been ripped off with a an
3405
1 irregular pattern.
2 Q. If we could put 1515A on the left side of the screen,
3 please, and if we could display 1515B on the right side of the
4 screen.
5 Looking at 1515B, are there any striation marks on
6 1515B?
7 A. Yes, sir, there is.
8 Q. Where is the striation mark?
9 A. In this particular case it's at the bottom right-hand
10 side. I don't think it's clearly shown on the computer screen
11 there.
12 Q. But the document you have in your hand?
13 A. Yes, sir.
14 Q. If we could display 1517 on the whole screen, please.
15 If we could put that on the left side of the screen,
16 and display 1518.
17 First, sir, by looking at the document can you tell
18 whether or not one appears to be the copy of another?
19 A. It does, sir, yes.
20 Q. For the record which one is the original and which is the
21 copy?
22 A. The original is 1518 and the copy is 1517.
23 Q. And can you tell us whether or not 1518 has a line for fax
24 communication, a fax header?
25 A. Yes, sir, it does.
3406
1 Q. Does 1517 have that same line?
2 A. No, it does not.
3 Q. Is there anything on 15157 that is not on 1518?
4 A. Yes, sir, it's striation mark, in this case the bottom
5 right-hand corner.
6 Q. If we could just display 1518 on the screen, please. If
7 we could rotate it. If we could focus on the fax line there.
8 Sir, if you could read what that fax line size for
9 the record please?
10 A. Sure it's from Kandahr telecommunication, AFG. Phone
11 number 837655 to the right May 20, 1998, 0635 p.m., P01.
12 MR. KARAS: Thank you. I have no further questions.
13 MR. SCHMIDT: Just a few questions.
14 THE COURT: Mr. Schmidt on behalf of El Hage.
15 CROSS-EXAMINATION
16 BY MR. SCHMIDT:
17 Q. Do you prefer being called Mr. Williams or Det. Williams?
18 A. Det. Williams.
19 Q. Det. Williams, were there any photographs taken of the
20 Waldo Road location?
21 A. I'm sorry, sir, could you repeat that?
22 Q. Were there any photographs taken of the Waldo Road
23 location that you searched prior to being searched?
24 A. Yes, sir.
25 Q. Were there photographs taken of the vehicle that was
3407
1 searched that was near the Waldo Road location prior to it
2 being searched?
3 A. Yes, sir.
4 Q. Do you know where those photographs are?
5 A. I have no idea, sir. They were, I don't think they're
6 here today. I'm not too sure.
7 MR. SCHMIDT: May I have a moment, your Honor?
8 (Pause)
9 Q. Det. Williams, you prepared an exhibit book during the
10 time that you were searching the location, is that correct?
11 A. Yes, sir.
12 Q. In the exhibit book you -- withdrawn. You also prepared
13 another document or a statement that listed all of the
14 locations as well?
15 A. I'm sorry, sir, I don't understand.
16 Q. Let me show you what's been marked 3590-1. What
17 document --
18 A. That's a statement.
19 Q. In the statement it also includes a description of the
20 items seized and the location found; is that correct?
21 A. That's right, yes, sir.
22 Q. Is the information in the statement taken from your
23 exhibit book?
24 A. Yes, sir.
25 Q. So the first thing though that you would complete would be
3408
1 the exhibit books at the scene of the searches; is that
2 correct?
3 A. Yes, sir.
4 Q. Now, you seized items in a blue Nissan; is that correct?
5 A. Yes, sir.
6 Q. And you indicated exactly where the items that you seized
7 were located, is that right?
8 A. Yes, sir.
9 Q. Do you have a copy of your exhibit book in front of you?
10 A. No, sir.
11 (Pause)
12 Q. Why don't you look at what has been marked 3590-4.
13 A. I'm sorry, sir, which number do you say there?
14 Q. Excuse me? 3590-4. If I misspoke, I apologize.
15 A. Yes.
16 Q. You marked the exhibit reference numbers, is that when you
17 filled out each page, is that right?
18 A. That's right, yes, sir.
19 Q. That's to distinguish between the items found in different
20 locations, is that right?
21 A. Yes, sir.
22 Q. Now, for example, on item PJW slash 201, miscellaneous
23 papers and Cascio organizer?
24 A. Yes, sir.
25 Q. Where was that found?
3409
1 A. As indicated on the form it was found inside a central
2 console to the rear of hand brake.
3 Q. So there were more than -- there were other things found
4 in the central console and to distinguish them you put, you
5 indicated there was the lower rear of the hand brake? How did
6 you indicate it where it was found?
7 A. In English vehicles the hand brake's in the middle, you
8 drive on the right, so the hand brake's in the middle. It's
9 where the plastic of the manufactured spaces behind the hand
10 brake and that's where the articles were found.
11 Q. Something rear of hand brake, is that correct?
12 A. Hand brake's, I'm trying to, hand brake's in the middle of
13 the vehicle. So you would, on an English car you would apply
14 with your left hand.
15 Q. I understand that. But you indicated where the papers
16 were found was the inside central console?
17 A. Yes, there's a space.
18 Q. And you have, there's a word that says like LO, is that
19 what that says, something rear of hand brakes?
20 A. To rear.
21 Q. Now, I ask you, you indicated you found a letter, look at
22 PJW203 it looks like. That was found also in a console right?
23 A. Yes, sir.
24 Q. Where was that found?
25 A. To the front of the hand brake.
3410
1 Q. So you distinguish, is that the same console?
2 A. Yes, sir, it is the plastic mold, just the manufacturer
3 has it that way.
4 Q. But you separated those exhibits because they were found
5 in two different areas of the same console?
6 A. Yes, sir.
7 Q. So these, they would not be confused --
8 A. Sorry?
9 Q. You would know exactly where each item was if you were
10 called on to explain where you found them. Is that correct?
11 A. Yes, sir.
12 Q. You did that the same thing inside of the house; is that
13 correct?
14 A. Yes, sir.
15 Q. When something was found in a particular drawer you marked
16 which drawer it was found?
17 A. Yes, sir.
18 Q. If something was found on a particular shelf you noted
19 exactly what room, what shelf and what location?
20 A. Yes, sir.
21 Q. Now, again, did you take the photographs or the police
22 photographer?
23 A. Police photographer took them.
24 Q. Did they take the photographs prior to the search?
25 A. Yes, sir.
3411
1 Q. And they took photographs after the search?
2 A. Not in this case, no.
3 Q. Why did they take photographs prior to the search?
4 A. It's to give the first impression of what the vehicle and
5 the dwelling looks like prior to the police coming in. It's
6 as simple as that.
7 Q. So you can see where everything is prior to the police
8 taking things away and searching?
9 A. Yes, sir.
10 MR. SCHMIDT: I have no further questions.
11 MR. RICCO: I have a few questions, your Honor.
12 CROSS-EXAMINATION
13 BY MR. RICCO:
14 Q. Good morning Det. Williams?
15 A. Good morning to you.
16 Q. During the search that took place you kept contemporaneous
17 notes of events that were going on. Isn't that right?
18 A. That's correct, yes, sir.
19 Q. And the reason why you keep your notes contemporaneous is
20 so that they can accurately reflect what is happening as those
21 things are unfolding, isn't that correct?
22 A. That's correct, yes, sir.
23 Q. Now, you don't wait until ten days later, do you, to write
24 your notes, do you?
25 A. No, sir.
3412
1 Q. Okay. And these notes that you take write down the events
2 that are happening almost every ten minutes, isn't that right?
3 A. I recall them as adds when I can, immediately. I don't
4 wait ten minutes.
5 Q. Because with the passage of time things change and you
6 forget to put it down, isn't that right?
7 A. No, sir.
8 Q. You don't want to forget to put something down that's
9 important, isn't that correct?
10 A. Yes, sir.
11 MR. RICCO: I have no further questions. Thank you
12 very much, your Honor.
13 THE COURT: Any further questions?
14 MR. KARAS: Brief redirect, your Honor.
15 REDIRECT EXAMINATION
16 BY MR. KARAS:
17 Q. Det. Williams, prior to the search beginning was there any
18 security sweep that was made of the premises?
19 A. Yes, sir.
20 Q. And was there a determination as to whether or not there
21 was any security threat to you and your colleague?
22 A. Yes, sir.
23 Q. And was there a threat after the sweep had been done?
24 A. No, sir.
25 Q. And how many colleagues did you have with you during the
3413
1 search of both the residence and the car?
2 A. Had two colleagues. I did the sweep myself.
3 Q. And did you have any interpreters with you during the
4 search?
5 A. Yes, sir. Yes, I did, sir yes, sir.
6 Q. And how long did the search take of the premises?
7 A. Two days.
8 Q. Finally, the exhibits that you testified to that were on
9 the screen --
10 A. Yes, sir.
11 Q. -- where exactly were those found?
12 A. Some exhibits --
13 Q. The ones that were on the screen 1508, 1509, 1510?
14 A. Found in the car.
15 Q. Were they found together?
16 A. Yes, sir.
17 MR. KARAS: No further questions.
18 THE COURT: Very well. Thank you, Detective. You
19 may step down.
20 (Witness excused)
21 The government may proceed with the next order of
22 business.
23 MR. KARAS: Yes, your Honor. The government calls
24 Detective Constable David May.
25 (Continued on next page)
3414
1 DAVID FREDERICK MAY,
2 called as a witness by the government,
3 having been duly sworn, testified as follows:
4 DEPUTY CLERK: Please state your full name.
5 THE WITNESS: I'm Detective Constable David Frederick
6 May, Wiltshire Constabulary.
7 DEPUTY CLERK: Your last name, spell your last name.
8 THE WITNESS: M-A-Y.
9 DIRECT EXAMINATION
10 BY MR. KARAS:
11 Q. Good morning, Detective.
12 A. Good morning.
13 Q. Can you tell us where you are currently assigned?
14 A. I'm currently assigned to the headquarters crime
15 operations unit in Wiltshire.
16 Q. And is that in the London area?
17 A. No, that's in my home force in Wiltshire.
18 Q. And what was your assignment on or about September 23 of
19 1998?
20 A. On that date, I have an ancillary role to work as a member
21 of SO13 Antiterrorist Unit and I was assigned on that day as
22 an exhibits officer.
23 Q. And as an exhibits officer that day, did you conduct a
24 search of a residence and a vehicle?
25 A. That's correct.
3415
1 Q. Can you tell us the location that you searched that day?
2 A. Yes, that was 63 Severn House. That's at London West 10.
3 MR. KARAS: May I approach the witness, your Honor?
4 THE COURT: Yes.
5 Q. Detective, I'm showing you what's been marked into
6 evidence as Exhibit 1608, and I'm wondering if you could tell
7 us which number arrow reflects where 63 Severn House is.
8 A. Yes. I'm looking at the map and I'm pointing to number 3,
9 and that's 63 Severn House.
10 Q. Thank you.
11 Whose residence did you search that day?
12 A. Mr. Adel Abdel Bary.
13 Q. Can you describe what the premises looked like, please?
14 A. Yes, indeed. It was a fifth floor two-story flat serviced
15 by a lift and a stairway. I in fact searched both floors,
16 numbering the ground floor rooms 1 to 7 and the second story
17 is room 7 through 14.
18 The ground floor, there was a bathroom, storage
19 space, and in effect a spare room and a main bedroom. There
20 was a stairway leading to the second floor, where there was a
21 further bedroom, balcony, a small bedroom, kitchen and a
22 toilet.
23 Q. And can you tell us what this search was part of?
24 A. Yes. It was actually part of a United Kingdom terrorist
25 investigation, and as I said, I was the exhibits officer for
3416
1 that particular property and I needed to recover exhibits from
2 within.
3 Q. Detective, I'm going to approach with what have been
4 marked for identification as Exhibits 1540-I.D. and 1540.
5 First if you could tell us what 1540-I.D. is.
6 A. Yes, it's a plastic tamper-evident bag containing a
7 quantity of documents, actually.
8 Q. And where was, where were those documents found?
9 A. Those were found at 63 Severn House.
10 Q. How do you recognize that bag with those documents?
11 A. Quite plainly. It's got my initials, the number 33 in the
12 top left-hand corner, that is my handwriting, and my signature
13 is on the right-hand side.
14 Q. And with respect to 1540?
15 A. 1540 is in fact we class as a split from that item, and
16 it's four pieces of paper contained in a plastic wallet and
17 what appears to be Arabic writing.
18 Q. When you say "from that item," you're referring to
19 1540-I.D. to 1540 is split from?
20 A. That's correct.
21 MR. KARAS: Your Honor, at this time we offer Exhibit
22 1540.
23 THE COURT: Received.
24 (Government Exhibit 1540 received in evidence)
25 MR. KARAS: If we could display 1540, please.
3417
1 Q. Detective, I'm going to approach with what have been
2 marked for identification as Exhibits 1541-I.D. and 1541.
3 Beginning with 1541-I.D., could you tell us what that
4 is, please.
5 A. Yes, 1541-I.D. is in fact again a plastic tamper-evident
6 bag which is quantities of documentation again from the
7 property of 63 Severn House.
8 Q. And do you recognize that bag?
9 A. Yes, I recognize this bag.
10 Q. How do you recognize it?
11 A. This in fact is a split from a 20-drawer filing cabinet
12 which originally was marked as DFM36. This was split by
13 Detective Constable Neil Fratwell, and it's been marked as
14 NF1000 accordingly and signed by him.
15 Q. And 1541, what is that?
16 A. That is in fact a direct split from that exhibit.
17 MR. KARAS: Your Honor, at this time we offer Exhibit
18 1541.
19 THE COURT: Received.
20 (Government Exhibit 1541 received in evidence)
21 MR. KARAS: And if we could display 1541, and if we
22 could just focus on the sender and the receiver section.
23 Q. Detective, first of all, could you describe what 1541 is,
24 what type of document it is?
25 A. Yes. This is in fact a T&T Worldwide Express receipt.
3418
1 Q. And if you could read who the sender is on the receipt.
2 A. The sender is Tarik from Tarana in Albania.
3 Q. And for the record, T-A-R-I-K.
4 And the recipient?
5 A. The recipient is marked as Mr. Adel, spelled A-D-E-L, 63,
6 it's -- the next spelling is S-E-V-E-R-N. That's supposed to
7 be Severn House, 17 Damlin Street, London, United Kingdom.
8 Q. Is that the location that you searched in September 1998?
9 A. That's correct.
10 Q. And if you could read the phone number of the receiver.
11 A. That's as follows: 1819642549.
12 Q. Finally, Detective, I'm going to approach with what have
13 been marked for identification as Exhibits 1542-I.D. and 1542.
14 If you could tell us what those exhibits are and how
15 you recognize them.
16 A. Yes. 1542-I.D. is in fact a tamper-evident bag with a
17 quantity of documentation seized from 63 Severn House, and
18 1542 I.D. is a direct split from that exhibit.
19 Q. Just so we're clear, the first item you referred to is
20 marked as 1542-I.D.?
21 A. That's correct.
22 Q. And the second item there is marked as?
23 A. 1542 I.D.
24 Q. Okay.
25 MR. KARAS: May I approach the witness, your Honor?
3419
1 THE COURT: Yes.
2 Q. The handwriting that's on the second exhibit, if you could
3 just read the handwriting, please.
4 A. The handwriting is 1542.
5 MR. KARAS: At this time, your Honor, we offer 1542.
6 THE COURT: Received.
7 (Government Exhibit 1542 received in evidence)
8 MR. KARAS: And if we could display 1542, please.
9 No further questions, your Honor.
10 THE COURT: Anything?
11 MR. DRATEL: Yes, your Honor.
12 THE COURT: Mr. Dratel.
13 CROSS-EXAMINATION
14 BY MR. DRATEL:
15 Q. Good morning, Detective May.
16 A. Good morning.
17 Q. When you searched Severn House, you had the assistance of
18 an Arabic-speaking person with you?
19 A. Yes, that's correct.
20 Q. And there was quite a lot of documentary material to go
21 through; is that correct?
22 A. Yes, there was a huge raft of documentation.
23 Q. And you had instructions as to what type of material you
24 should be seizing?
25 A. I was looking for any relevant documentation in Arabic,
3420
1 that sort of thing, yes.
2 Q. Wasn't it for documents of a political or organizational
3 quality?
4 A. Can you repeat that question?
5 Q. Sure. Weren't you looking for Arabic documents of a
6 political or organizational quality?
7 A. There was no specific.
8 Q. Didn't you testify previously in a proceeding that you
9 attempted to seize all those documents in Arabic which had a
10 political or organizational quality?
11 A. We weren't just looking for political documentation. It
12 was --
13 Q. Did you give that testimony previously?
14 A. I gave the testimony that I searched the property for a
15 quantity of documentation, yes.
16 Q. Did you also say, "We attempted to seize all those in
17 Arabic which had a political or organizational quality"?
18 A. I can't recall.
19 MR. DRATEL: May I approach the witness, your Honor?
20 Q. I show you what has been marked as 3588-5, and ask you to
21 look at the first page and then if you could read the
22 highlighted portion.
23 A. You want me to read --
24 Q. No, not read. Read the highlighted portion to yourself.
25 A. Yes, sir.
3421
1 (Pause)
2 A. Yes.
3 Q. And do you recall now whether you gave testimony
4 previously that you attempted to seize documents of a
5 political or organizational quality?
6 A. Yes, that's correct, by looking at that.
7 Q. Did you give that testimony under oath?
8 A. Yes, I did.
9 Q. When you prepare your evidence book, in several instances
10 when something is seized from particular part of either a file
11 drawer or a shelf, in some instances you actually do a sketch
12 of the either closet or shelf or file drawer that you have
13 seized it from, correct?
14 A. In some instances, that's correct.
15 Q. Also, you actually put a star or an asterisk in the spot
16 within that shelf or drawer that you have actually seized the
17 documents from, correct?
18 A. Not in all circumstances, but to assist in identification
19 sometimes that's correct, yes.
20 Q. And when you want to specify exactly where it's from so
21 you know exactly where something was seized from, correct?
22 A. Yes, in certain circumstances.
23 Q. And when you list a location from which you seized, you
24 actually do an inventory of those specific documents that were
25 seized from that specific location together?
3422
1 A. Yes.
2 Q. So that all the documents that are seized from one place
3 are listed together that they were seized from a specific
4 location?
5 A. You wouldn't necessarily list all documentation. You
6 might say a quantity of correspondence and not detail anything
7 until a later stage.
8 Q. But sometimes you do provide the detail in your evidence
9 book, correct?
10 A. Sometimes, yes.
11 MR. DRATEL: I have nothing further, your Honor.
12 THE COURT: Anything further of this witness?
13 MR. KARAS: No, your honor.
14 THE COURT: Thank you, Detective Constable. You may
15 step down.
16 (Witness excused)
17 MR. KARAS: Your Honor, the government calls
18 Detective Sergeant Stephen Gregory.
19 STEPHEN CHARLES GREGORY,
20 called as a witness by the government,
21 having been duly sworn, testified as follows:
22 DEPUTY CLERK: Please state your full name.
23 THE WITNESS: My full name is Stephen Charles
24 Gregory. Gregory is spelled G-R-E-G-O-R-Y.
25 DEPUTY CLERK: Stephen with a P?
3423
1 THE WITNESS: With a P-H, yes.
2 DIRECT EXAMINATION
3 BY MR. KARAS:
4 Q. Good morning, Detective Sergeant.
5 A. Good morning.
6 Q. Can you tell us your current assignment.
7 A. Yes. My current assignment is that of the equivalent of a
8 police precinct which would be in this country involved in
9 criminal investigation.
10 Q. If you could just make sure you speak into the microphone
11 and speak loudly and clearly.
12 A. Of course.
13 Q. Thank you.
14 Can you tell us what assignment you had on September
15 23, 1998?
16 A. Yes. In September the 23rd, 1998, my assignment was to
17 act as an exhibits officer. At that time I was a member of
18 the antiterrorist branch.
19 Q. And did you participate in a search that day?
20 A. I did.
21 Q. And what location did you search?
22 A. The premises I searched were located at Lancefield
23 Studios, which was 1a Beethoven Street, which is London, the
24 Zip Code -- post code, as we call it -- West 10.
25 MR. KARAS: Your Honor, may I approach?
3424
1 THE COURT: Yes.
2 Q. Detective Sergeant, I'm showing you what has been marked
3 into evidence as Exhibit 1608, and I'm wondering if you could
4 point out the number of arrow that reflects where Lancefield
5 Studios, Beethoven Street is?
6 A. Yes, if one looks at the map, arrow number 7 indicates the
7 premises I searched on September 1998.
8 Q. Thank you. Can you tell us what type of premises
9 Lancefield Studios was?
10 A. Yes. It was an office premises situated on the first
11 floor, or you would call it second floor here, and it consists
12 of two rooms.
13 Q. What was the room number or unit number of the particular
14 studio you searched?
15 A. It was unit 1A.
16 Q. And --
17 A. I beg your pardon, Unit 5. The address is 1A Beethoven
18 Street, Unit 5.
19 Q. Who were among the people you understood to use that
20 office?
21 A. I believe my knowledge was a number of people used in
22 connect with that office. The principal person I understood
23 was Mr. Adel Bary.
24 Q. You mentioned that you were the exhibits officer. What
25 did that require you to do during the search?
3425
1 A. That required me to undertake a detailed, systematic,
2 methodical search of these premises, office premises, and
3 during the course of that search identify and seize and
4 retrieve items which would assist us in the investigation we
5 were undertaking at the time.
6 Q. And how long did the search last?
7 A. All told, six days.
8 Q. And can you describe the rooms, room or rooms that you
9 personally searched?
10 A. Yes. The premises comprise two rooms. For simplistically
11 sake, we labeled them room 1 and room 2. Room 1 was the first
12 room that one came to as you entered these office premises.
13 That room consisted of storage shelves, boxes.
14 Room 2, which you could get into from room 1, was an
15 office with fixtures and fittings that one would expect to
16 find in an office.
17 Q. Such as?
18 A. Such as computers, such as faxes, such as wide range of
19 documents.
20 Q. Detective Sergeant, I'm going to approach you with what
21 have been premarked for identification as Exhibits 1555 and
22 1556.
23 Beginning with 1555, can you tell us what that is and
24 how you recognize it?
25 A. Yes, Government Exhibit 1555 is a document sealed in a
3426
1 police evidence bag. I recognize this as a document I found
2 at Beethoven Street in September of 1998 by virtue of the fact
3 that this bag bears my writing, bears my signature, bears my
4 exhibit number and bears the unique reference number on this
5 bag which I sealed at the time.
6 Q. And 1556?
7 A. 1556 similarly bears the details I have just stated --
8 bears my signature, my handwriting, my exhibit number, unique
9 reference number -- and this bag contains documents again
10 which I recovered at these premises at Beethoven Street in
11 London.
12 Q. Can you tell us whether or not there is any difference
13 between the documents from when you first seized them?
14 A. Ostensibly, they are the same documents. The only
15 difference would be in Government Exhibit 1556, 1556, that the
16 color of it has been altered slightly, and that can be
17 explained by the fact that this document was submitted to
18 forensic fingerprint analysis. The chemicals used in that
19 process would slightly discolor the document.
20 MR. KARAS: Your Honor, at this time we offer 1555
21 and 1556.
22 THE COURT: Received.
23 (Government Exhibits 1555 and 1556 received in
24 evidence)
25 MR. KARAS: And if we could display them in order.
3427
1 Q. Detective Sergeant, I'm going the approach with what have
2 been marked for identification as Government Exhibits 1557A
3 through 1557E and 1557-P. Once again, if you could tell us
4 what those exhibits are and how you recognize them.
5 A. Yes, of course. Government Exhibit 1557A through to E
6 relates to five sheets of paper contained in this bag which I
7 found in Beethoven Street in September of 1998. This was
8 sealed by me.
9 I recognize this as my exhibit by virtue of the four
10 things I stated previously -- my signature, my handwriting, my
11 exhibit number and unique reference number peculiar to this
12 particular exhibit bag.
13 Q. And 1557-P?
14 A. Government Exhibit 1557-P is an album of photographs which
15 accurately reflect and depict the item Government Exhibit
16 1557A to E. It's a photograph of that exhibit.
17 MR. KARAS: Your Honor, at this time we offer 1557A
18 through 1557E and 1557-P.
19 THE COURT: Received.
20 (Government Exhibits 1557A, 1557B, 1557C, 1557D,
21 1557E and 1557-P received in evidence)
22 MR. KARAS: And if we could display 1557-P, and if we
23 could go to the second or third page, please. Second page
24 first.
25 If we could display 1557B, please, and if we could
3428
1 try to highlight the fax header up there.
2 And 1557C, and if we could highlight the fax header
3 there.
4 Q. Detective Sergeant, do you have the photograph of 1557C?
5 A. I do.
6 Q. Can you make out the fax header in the photograph you have
7 before you?
8 A. Yes, I can.
9 Q. And if you could read that fax header to us, please.
10 A. Yes. It says August 7th, 1998. The time given at the top
11 right of that photograph is 4:54 a.m.
12 Q. And is there a page number with that?
13 A. Page 2.
14 Q. And with respect to 1557D-P, the photograph of 1557D, can
15 you make out the fax header on that?
16 A. I can, yes.
17 Q. And if you could read that to us, please?
18 A. Yes. The fax header reads August the 7th, 1998, the same
19 date. This particular page timed at 04:56 a.m. and it's page
20 3.
21 Q. And 1557E, the photograph of that, if you could read us
22 the fax header on that page.
23 A. Yes. Again, fax header dated August 7th, 1998. The time
24 given at the top of this page is 04:53, 4:53 a.m., which is
25 page 1.
3429
1 Q. And on the fax headers of those three documents you have
2 just read to us, is there an indication of the sending phone
3 number?
4 A. No. It's not apparent on these photographs, no.
5 Q. And with respect to 1557B, the photograph of that
6 document, can you read us the fax header of that one, please?
7 A. Yes, the fax header is from, reading left to right, it's
8 got The Grapevine, then a phone number.
9 Do you want me to read the phone number?
10 Q. If you could read -- yes, if you could read that whole
11 line, if possible.
12 A. Phone number is 4401713727415. It's dated August the 4th,
13 1998. It's 10:15 p.m.
14 Q. Thank you, Detective Sergeant.
15 I'm going to approach with what have been premarked
16 as Government Exhibits 1558 and 1558-P.
17 MR. KARAS: Your Honor, may I publish 1557-P to the
18 jury?
19 THE COURT: Yes.
20 Q. Sir, if you could tell us what those exhibits are and how
21 you recognize them.
22 A. Yes. Again, dealing with Government Exhibit 1558, first
23 of all, this is a fax message comprised of two documents.
24 This is -- this bag I'm holding contains these two documents.
25 These two documents were found during the search which I
3430
1 conducted at Beethoven Street in September 1998. I
2 recognize --
3 Q. I'm sorry. Go ahead.
4 A. I recognize these documents as mine by virtue of the same
5 reasons I have said previously -- the bag was completed by me
6 in my handwriting, bears my signature, my exhibit number,
7 sealed at the time with a unique seal number evidence on this
8 bag.
9 Q. And 1558-P?
10 A. 1558-P is an album of photographs, two photographs, which
11 accurately reflect and depict the documents in the exhibit I
12 have just mentioned.
13 MR. KARAS: Your Honor, at this time we offer 1558
14 and 1558-P.
15 THE COURT: Received.
16 (Government Exhibits 1558 and 1558-P received in
17 evidence)
18 BY MR. KARAS:
19 Q. If you could, Detective Sergeant, with respect to 1558-P,
20 can you read the fax header on that document.
21 We actually have this one on the screen if you want
22 to read it from the scene.
23 A. Yes, of course. Read from left to right, it says from The
24 Grapevine. Phone number is 4401713727415, and it's dated
25 August the 4th, 1998. It's 10:15 p.m.
3431
1 Q. Thank you. I'm going to approach with what have been
2 marked for identification as Exhibits 1561-I.D. and 1561.
3 MR. KARAS: Your Honor, may I publish 1558-P?
4 THE COURT: Yes.
5 Q. Sir, if you could tell us what those documents are and how
6 you recognize them.
7 A. Yes, 1561 I.D., government exhibit, is a bag of documents,
8 several documents, which I recovered and found at these
9 studios at Beethoven Street in London in September of 1998.
10 Q. And 1561?
11 A. 1561, Government Exhibit 1561 is an envelope which had
12 been contained in this bag and was pulled from this bag on
13 Saturday last in my presence.
14 Q. And that's the bag marked 1561-I.D.?
15 A. That's right.
16 MR. KARAS: Your Honor, at this time we offer 1561.
17 THE COURT: Received.
18 (Government Exhibit 1561 received in evidence)
19 MR. KARAS: And if we could display 1561, please?
20 THE COURT: Yes.
21 Q. Sir, can you read for the record the addressee on the
22 label there?
23 A. Yes. The addressee on the label of this envelope that was
24 in this bag reads Mr. Khalid al-Fawwaz, 94 Dewsbury Road,
25 London, and the post code or zip code underneath, which is NW,
3432
1 Northwest 10, 1EP.
2 Q. Thank you, Detective Sergeant.
3 I'm going to approach with what has been marked for
4 identification as 1562 and ask you to take a look at it and
5 tell us how you recognize it.
6 A. Government Exhibit 1562 is a document contained in
7 exhibits bag. This document was found by myself at Lancefield
8 Studios, Beethoven Street, in September 1998.
9 MR. KARAS: Your Honor, at this time we offer 1562.
10 THE COURT: Received.
11 (Government Exhibit 1562 received in evidence)
12 MR. KARAS: If we could display the first page of
13 1562.
14 Q. Can you tell us, Detective Sergeant Gregory, what that
15 document is?
16 A. This document contained in exhibit number Government
17 Exhibit 1562 is a leasing agreement relating to the premises I
18 searched, Lancefield Studios, dated the 3rd of September,
19 1997, and it's an agreement by someone called Abdul Abdel al
20 Majed of 63 Severn House, London, West 10.
21 Q. Thank you. I'm going to approach finally with what have
22 been marked for identification as 1563-I.D. and 1563. Can you
23 tell us what those items are?
24 A. These items, the bag I'm holding, Government Exhibit
25 1563-I.D., is a bag containing a number of documents which I
3433
1 found and recovered from these studios at Beethoven Street in
2 London in September 1998. It's a bag of correspondence drawn
3 from this bag, Government Exhibit 1563-I.D., I'm holding in my
4 hand.
5 MR. KARAS: Your Honor, at this time we offer
6 Government Exhibit 1563.
7 THE COURT: Received.
8 (Government Exhibit 1563 received in evidence)
9 MR. KARAS: And if we could display the first page of
10 1563.
11 Q. On the right-hand side of the page, sir, if you could just
12 read the top part of that title for the record.
13 A. The top part of the title, Government Exhibit 1563, reads
14 "Declaration of Jihad on the Americans Occupying the Country
15 of the Two Sacred Places."
16 Q. And the first two words in the top left side of the page?
17 A. The top left side of the page reads "the message."
18 MR. KARAS: Thank you. I have no further questions.
19 THE COURT: Mr. Schmidt on behalf of the defendant El
20 Hage.
21 CROSS-EXAMINATION
22 BY MR. SCHMIDT:
23 Q. Detective Sergeant Gregory, when you went to the location
24 at 51A Beethoven Street -- is that where you went to?
25 A. Yes, 1a Beethoven Street. Unit 5 1a Beethoven Street.
3434
1 Q. Excuse me?
2 A. It's called 1a Beethoven Street, the post of the address,
3 Unit 5.
4 Q. Did you go with an Arabic interpreter?
5 A. Yes, I did, yes.
6 Q. And was the purpose of the Arabic interpreter to review
7 Arabic documents to see if they were relevant for your search?
8 A. That's right.
9 Q. You did not -- am I correct you did not seize every
10 document or record in Arabic; is that correct?
11 A. Didn't seize every one, no.
12 Q. When the interpreter informed you that a document in
13 Arabic had some political significance, was that document
14 seized?
15 A. I wouldn't use the term "political significance." What we
16 were looking for was evidence of investigation in hand at the
17 time. If it was deemed relevant to that end, then it was
18 seized.
19 Q. Well, did you previously testify under oath on February
20 23rd, year 2000?
21 A. I did.
22 Q. And in fact, at that time was it your words that when you
23 were advised by the interpreter that a document in Arabic had
24 some political significance, it was seized; do you recall
25 that?
3435
1 A. I don't recall that, no. I would refer you to my earlier
2 answer.
3 MR. SCHMIDT: If I may approach the witness with what
4 has been marked 3591-4.
5 THE COURT: Okay.
6 Q. And I ask you to look at the highlighted portion on the
7 bottom of the page and read it to yourself, please.
8 (Pause)
9 Q. Why don't you look at the front page to make sure you know
10 what the document is.
11 A. Yes.
12 Q. Detective Sergeant, having read this document, does that
13 refresh your recollection that you testified that, "Once I was
14 advised by my interpreter that a document in Arabic had some
15 political significance, it was seized"?
16 A. It says on that document, it says on that document what I
17 testified in London in February of 2000. However, the aim of
18 the search in September of 1998 was to seize items and
19 articles of evidential value.
20 Q. Maybe I'm a little confused. Did you testify at this
21 hearing concerning the search of the residence at 1a Beethoven
22 Street?
23 A. Yes, I did.
24 Q. And the arrest of Mr. Bary?
25 A. That's right.
3436
1 Q. And did this accurately reflect what you testified to?
2 A. Well, it summarizes what I said, yes.
3 Q. And is the term "political significance" the term that you
4 used?
5 A. I don't recall using the term "political significance."
6 It says on that document that you have and you have
7 highlighted, which you have read, political significance. It
8 does. I agree with that. But I will say again, the object of
9 the exercise, the exercise being searching Beethoven Street in
10 September 1998, was to search for items and articles of
11 various descriptions that would be of evidential value.
12 Q. I understand that, Detective Sergeant. Did you read this
13 statement and acknowledge that these statements were correct
14 at the time that you made them?
15 A. Yes.
16 Q. On the document itself it says that you read them and it
17 has your signature; isn't that correct?
18 A. That's right, yes.
19 Q. Now, is there a problem with the word "political" -- the
20 phrase "political significance"?
21 A. I don't see there's a problem with it. I'm just expanding
22 on what the object of the exercise was.
23 Q. Mr. Bary, to your knowledge, was a member of the Egyptian
24 Islamic Jihad; is that correct?
25 A. I believe so, yes.
3437
1 Q. And you were aware where he was living prior to being
2 involved in this investigation?
3 A. Yes.
4 Q. Did your task force keep tabs on Mr. Bary?
5 MR. KARAS: Objection, your Honor.
6 THE COURT: Yes, sustained.
7 MR. SCHMIDT: I have no further questions.
8 THE COURT: Anything further of this witness?
9 MR. KARAS: No, your honor.
10 THE COURT: Thank you, Detective Sergeant. You may
11 step down.
12 THE WITNESS: Thank you.
13 (Witness excused)
14 MR. KARAS: Your Honor, the government would call
15 Detective Sergeant Keith Asman.
16 KEITH RICHARD ASMAN,
17 called as a witness by the government,
18 having been duly sworn, testified as follows:
19 DEPUTY CLERK: Please be seated. State your full
20 name.
21 THE WITNESS: Full name is Keith Richard Asman,
22 A-S-M-A-N.
23 DIRECT EXAMINATION
24 BY MR. KARAS:
25 Q. Good afternoon, sir. Or, still morning. Good morning.
3438
1 A. Good morning, sir.
2 Q. Time flies.
3 Can you tell us how you are employed?
4 A. Yes, I'm a detective sergeant working at the antiterrorist
5 branch in the exhibits office, New Scotland Yard, London.
6 Q. And can you tell us what assignment you had in late
7 September 1998?
8 A. Yes, I was employed in the exhibits office of the
9 antiterrorist branch, New Scotland Yard, at that time.
10 Q. Did there come a time you participated in the search of
11 the premises known as Unit 5 1a Beethoven Street?
12 A. Yes, I did, on the 26th of September, 1998.
13 Q. Sir, I'm going to approach with what has been premarked
14 for identification as Government Exhibit 1559-I.D. and also
15 Government Exhibit 1559.
16 Can you tell us what those exhibits are and how you
17 recognize them.
18 A. Yes. The exhibits which I have in my hand, 1559-I.D. is
19 exhibit reference KRA2097. This is selected correspondence
20 which I removed from a box in room 1 of Unit 5 1a Lancefield
21 Studios. It's selected correspondence, and from within that
22 correspondence Government Exhibit 1559-I.D. was removed and
23 was recovered at the same time as this other correspondence.
24 I can recognize it because it bears my handwriting,
25 my unique reference number and my signature.
3439
1 Q. And the notebook there, could you just read the
2 handwriting number on the yellow sticker there?
3 A. Yes, this is the Exhibit 1559-I.D.
4 Q. And the handwritten portion, 1559?
5 A. Yes, sir, 1559.
6 MR. KARAS: Your Honor, at this time we offer
7 Government Exhibit 1559.
8 THE COURT: Received.
9 (Government Exhibit 1559 received in evidence)
10 MR. KARAS: I have no further questions.
11 MR. SCHMIDT: No questions.
12 THE COURT: Thank you, Detective Sergeant. You may
13 step down.
14 (Witness excused)
15 THE COURT: We'll take our midmorning recess.
16 (Jury not present)
17 THE COURT: Will you finish this morning?
18 MR. FITZGERALD: We will finish with these witnesses,
19 your Honor. I believe there are two more, and I think what
20 we're going to do then is display some of the items and,
21 depending on the status of one stipulation, read some other
22 items.
23 THE COURT: That will be this afternoon?
24 MR. FITZGERALD: I believe so, yes. And we will
25 probably have some other items unrelated to London that we'll
3440
1 be prepared to read this afternoon. So I think we'll make
2 productive use of a portion of the afternoon at least.
3 THE COURT: Then we recess until Monday.
4 How many days does the government anticipate the
5 government will require next week?
6 MR. FITZGERALD: Depending on the discussions
7 regarding two issues, the maximum I think we would need next
8 week would be three.
9 THE COURT: Three. Okay. Thank you.
10 (Pages 3441 through 3450 filed under seal)
11 (Continued on next page)
12
13
14
15
16
17
18
19
20
21
22
23
24
25
3451
1 (In open court)
2 MR. KARAS: The next witness, your Honor, is Noel
3 Feeny.
4 (Jury present)
5 THE COURT: The government may call the next witness.
6 MR. KARAS: Your Honor, the government calls
7 Detective Inspector Noel Feeny.
8 NOEL THOMAS FEENY,
9 called as a witness by the government,
10 having been duly sworn, testified as follows:
11 DEPUTY CLERK: Please state your full name.
12 THE WITNESS: Noel Thomas Feeny, F-E-E-N-E-Y.
13 DEPUTY CLERK: Thank you.
14 DIRECT EXAMINATION
15 BY MR. KARAS:
16 Q. Good afternoon, sir.
17 A. Good afternoon.
18 Q. Can you tell us how you are employed?
19 A. I'm a detective inspector with the antiterrorist branch at
20 New Scotland Yard in London.
21 Q. And can you tell us what your assignment was in late
22 September of 198?
23 A. I was responsible for supervising a search at The
24 Grapevine in the Kilburn High Road whilst engaging in the
25 antiterrorist branch.
3452
1 MR. KARAS: Your Honor, may I approach the witness?
2 THE COURT: Yes.
3 Q. Sir, I have placed before you what's been marked into
4 evidence as Exhibit 1608, and I'm wondering if you could tell
5 us which arrow represents where The Grapevine was located when
6 you searched it.
7 A. It's arrow number 8.
8 Q. And if you could give us the address for the record,
9 please?
10 A. It's 318 to 320 Kilburn High Road, London, Northwest 6.
11 Q. Thank you.
12 By the way, Detective Inspector, are you familiar
13 with the location known as 1a Beethoven Street?
14 A. I am, yes.
15 Q. Can you tell us approximately how far 1a Beethoven Street
16 is from The Grapevine, was at the time?
17 A. I would estimate that to be about one mile.
18 Q. Can you tell us what type of location, what type of
19 operation was ongoing at The Grapevine when you searched it?
20 A. The Grapevine was a small commercial business which was
21 primarily responsible for providing a service of
22 telecommunications and facsimile messages for members of the
23 public to use at a cheap rate.
24 Q. And what did the premises look like when you went that day
25 to search it?
3453
1 A. It's quite a small confined premises. Enter and exit is
2 by the same door. As you enter the premises, on the
3 right-hand side of the small counter customers are dealt with
4 there by the proprietors, who ask which service you require.
5 If it's telephone services, there are eight booths on
6 the near side, the left-hand side as you walk down the
7 corridor, to make private telephone calls from. If you
8 require to send or receive a fax message, that equipment is
9 further on down on the right-hand side past the proprietor's
10 counter.
11 Q. How many facsimile machines did you see that day during
12 your search?
13 A. I saw one machine.
14 Q. And can you tell us what the hours were of the store when
15 you went that day?
16 A. In 1998, The Grapevine were operating from around 8:00 in
17 the morning until very late at night, up until midnight,
18 depending on the customer requirement.
19 Q. And do you know where the proprietors of that business
20 lived during that time?
21 A. The proprietors had accommodation to the rear of the
22 premises, a separate doorway leading in from the actual
23 Grapevine business premises into the residential room.
24 Q. You mention that people could either send or receive a fax
25 to or from The Grapevine. Can you tell us how that worked?
3454
1 A. If you wished to send a fax, all you had to do was provide
2 the number and the pieces of paper to be done. That was done
3 for you. If you expected faxes to be received, there was a
4 facility for members of the public to walk in, no
5 identification was required, they would say, I'm expecting a
6 fax, and a binder would be passed to them in order that they
7 could examine the contents and claim any faxes therein, and a
8 nominal fee of about 50 pence per sheet would be charged by
9 the business.
10 Q. And what exact day did you go to The Grapevine to conduct
11 your search?
12 A. I attended on Saturday, the 26th of September, 1998.
13 MR. KARAS: Your Honor, may I approach the witness?
14 THE COURT: Yes.
15 Q. Detective Inspector, I have placed before you what have
16 been marked for identification as Government Exhibits 1576A
17 and 1576B.
18 Starting with 1576A, can you tell us what that is.
19 A. Exhibit 1576A is the folder that was in The Grapevine on
20 Saturday, the 26th of September, 1998, the faxes received in
21 that premises were stored in.
22 Q. And when you seized that folder, were there documents in
23 it?
24 A. There were a number of documents in this folder.
25 Q. If you could tell us what 1576B is.
3455
1 A. Exhibit 1576B is one of the documents extracted from the
2 folder and produced separately.
3 MR. KARAS: Your Honor, at this time we offer 1576A
4 and 1576B.
5 THE COURT: Yes, received.
6 (Government Exhibits 1576A and 1576B received in
7 evidence)
8 MR. KARAS: If we could display 1576A, at least the
9 folder portion of that, and if we could display 1576B. And if
10 we could highlight the fax header line up at the top.
11 Q. And, sir, if you could read us the date that's on the fax
12 header of 1576B.
13 A. It's August the 7th, 1998.
14 Q. Is there a time listed there?
15 A. There's a time of 04:45 a.m.
16 Q. And is there an indication of what page number that
17 document is?
18 A. Indication is it's page 1.
19 Q. And if we could display the entire document again. And if
20 you could read for us the handwritten words at the top of that
21 document?
22 A. Bears the name M.R. dot, dot Gorg, or Mr. Gorg, G-O-R-G.
23 MR. KARAS: Thank you. I have no further questions.
24 THE COURT: Anything of this witness?
25 MR. SCHMIDT: Nothing.
3456
1 THE COURT: Thank you, Detective Inspector. You may
2 step down.
3 THE WITNESS: Thank you, your Honor.
4 (Witness excused)
5 MR. KARAS: Your Honor, the government calls
6 Detective Constable Gary Clubb.
7 Your Honor, if I may publish 1576A and B to the jury.
8 THE COURT: Yes.
9 GARY WILLIAM CLUBB,
10 called as a witness by the government,
11 having been duly sworn, testified as follows:
12 DEPUTY CLERK: Please state your full name.
13 THE WITNESS: I'm Gary William Clubb, C-L-U-B-B.
14 DIRECT EXAMINATION
15 BY MR. KARAS:
16 Q. Good afternoon, sir.
17 A. Good afternoon to you, sir.
18 Q. Can you tell us how you are employed?
19 A. I'm a detective constable with the Antiterrorist Branch at
20 New Scotland Yard.
21 Q. And can you tell us how you were employed back in March of
22 1999?
23 A. That was my assignment at that time as well, sir.
24 Q. And did there come a time that you went to Paris, France,
25 as part of your duties with the antiterrorism branch?
3457
1 A. Yes, I had to go to Paris.
2 Q. What was the purpose of your visit to France?
3 A. The purpose of going to Paris was to retrieve faxes that
4 had been sent from London and to also interview persons at the
5 radio station to whom the faxes had been sent to ask what they
6 did with the faxes and what happened as a result of that.
7
8 (Continued on next page)
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
3457
1 Q. Okay. And can you tell us exactly what radio station
2 you're referring to?
3 A. Yes, sir, Radio France International which is a big radio
4 station on the outskirts of Paris.
5 Q. When you were in Paris in March of 1999 did you have an
6 opportunity to meet complete with French police officials?
7 A. Yes, I did.
8 Q. By the way, when you went to Paris did you bring anything
9 with you?
10 A. Yes, sir. I took copies of a document I know as SCG11
11 which is the English faxes that were sent to France.
12 Q. And did you have an opportunity to meet -- by the way,
13 please don't tell us what anybody said -- but did you have an
14 opportunity to meet with officials from Radio France?
15 A. Yes, I did.
16 Q. And can you tell us whether or not French police officials
17 were present during that meeting?
18 A. French police were present, sir, yes.
19 Q. And do you recall the exact date of that meeting?
20 A. Yes, sir. It was the 16th of March '99.
21 Q. And where did that meeting take place?
22 A. At Radio France International.
23 Q. And after the meeting at Radio France International did
24 you have a subsequent meeting with French police officials?
25 A. Yes, sir, I did.
3458
1 MR. KARAS: May I approach the witness, your Honor?
2 THE COURT: Yes.
3 Q. Sir, I placed before you what has been marked for
4 identification as Government Exhibits 1579. Can you tell us
5 what that is?
6 A. Yes, sir, this is a document that was handed to me at the
7 Palais de Justice.
8 Q. And the Palais Justice, what is that?
9 A. It's the French magistrates department, if you like. It's
10 the French judicial authority.
11 Q. And who was it that handed you that document?
12 A. A Mr. Remy Shays, who works at the Palais de Justice.
13 MR. KARAS: Your Honor, we offer Government Exhibit
14 1579.
15 THE COURT: Received.
16 (Government's Exhibit 1579 received in evidence)
17 Q. Now, sir, did you have an understanding with the French
18 police as to what, if anything, else they might send you in
19 connection with your trip to Paris in March of 1999?
20 A. Yes, sir. The understanding was that the original faxes
21 that had been sent to Radio France International would be sent
22 to us.
23 MR. KARAS: Your Honor, may I approach the witness?
24 THE COURT: Yes.
25 Q. Detective, I placed before you what has been marked for
3459
1 identification as Government Exhibit 1580. Can you tell us if
2 you recognize that document?
3 A. Yes, I do recognize this article.
4 Q. What is that document?
5 A. It's telefaxes that were sent to the British judicial
6 authority in London.
7 Q. When did you first receive those faxes that you have in
8 your hand there?
9 A. I went to the offices of Andrew Frazier Crown Prosecution
10 Service in May of '99.
11 Q. And the Crown Prosecution Service is located where?
12 A. In central London, sir, Lutgate Hill.
13 MR. DRATEL: Your Honor, at this time we offer
14 exhibit 1580.
15 THE COURT: Received.
16 (Government's Exhibit 1580 received in evidence)
17 Q. Now, sir, have you compared the documents that are
18 contained in 1579 with those contained in 1580?
19 A. Yes, sir.
20 Q. What conclusion have you drawn from that comparison?
21 A. That document 1579 is a copy of document 1580.
22 Q. Now, sir, are you familiar with the location that's
23 located at 12 Formosa Street in London?
24 A. Yes, sir, I am.
25 Q. And when was the last time you visited that location?
3460
1 A. Last Thursday, sir.
2 MR. KARAS: May I approach the witness, your Honor?
3 THE COURT: Yes.
4 Q. Sir, I'm showing you a map that's been marked in evidence
5 as 1608. If you could indicate the numbered arrow where 12
6 Formosa Street is located?
7 A. Yes, sir, here.
8 Q. If you could just indicate for the record the number?
9 A. It's number 9, sir.
10 Q. Thank you. Sir, I'm going to approach you with what has
11 been premarked for identification Government Exhibits 1575A
12 through 1575G.
13 Can you tell us what those exhibits are?
14 A. Yes, sir. They're photographs I took last Thursday. They
15 are of subpost office at number 12 Formosa Street in London.
16 Q. And can you tell us what type of business is located at 12
17 Formosa Street?
18 A. Yes, sir. It's a subpost office and general grocery
19 store.
20 Q. What types of items can one purchase or what types of
21 services can one receive there?
22 A. The subpost office does most of the general post
23 office-type of goods, stamps, postal orders, most government
24 type of services. The rest of the shop is given over to
25 fruit, vegetables, general groceries.
3461
1 Q. Those pictures that are before you, are those fair and
2 accurate depictions of 12 Formosa Street as you saw it last
3 week?
4 A. Yes, sir, they are.
5 Q. And the neighborhood around the subpost office itself?
6 A. Yes, sir, they are.
7 MR. KARAS: Your Honor, at this time we offer 1575A
8 through G?
9 THE COURT: Received.
10 (Government's Exhibits 1575A through G received in
11 evidence)
12 MR. KARAS: If we could display 1575A, please.
13 Q. Would you tell us what those two pictures marked as 1575A
14 reflect?
15 A. Those, sir, are two photographs of Formosa Street and
16 Formosa Street name is in the top left-hand corner.
17 Q. We're highlighting in on that. That's the street you're
18 referring to the street sign you're referring to?
19 A. Yes, sir.
20 MR. KARAS: If we could display 575B.
21 A. The shop front you see there with the green blind with the
22 red ribbon across the front of it is the front of number 12,
23 which is in fact the subpost office.
24 Q. And 1575C.
25 A. Sir, that closeup is of the post office sign attached to
3462
1 the side of Formosa Street post office.
2 Q. And 1575D.
3 A. Yes, sir. The top image shows the entrance to number 12
4 Formosa Street with the sign in the door in the bottom
5 right-hand corner. The bottom photograph shows the subpost
6 office part of the store inside the premises.
7 Q. Can you tell us what that machine is to the right there of
8 the post office?
9 A. In the bottom photograph?
10 Q. Correct?
11 A. I think that's a photocopier, sir.
12 Q. 1575E, please. Tell us what that is?
13 A. Again, sir, that's a more general photograph of the store
14 showing the type of produce that's sold there, but it also
15 shows the location of the subpost office in the far left-hand
16 corner of the shop.
17 Q. 1575F.
18 A. Again, sir, as I came closer to the subpost office part of
19 the store I saw the sign still in the window indicating that
20 the owner of the shop offers a fax service to anyone that
21 takes documents to them.
22 Q. And 1575G.
23 A. Yes, sir. You recall when I indicated the front door of
24 the property and said there was a sign in the bottom
25 right-hand corner. I took some closeup photograph of that
3463
1 sign which does in fact show quite clearly the fax service
2 that the owner of the shop offers.
3 MR. KARAS: Thank you. I have no further questions.
4 CROSS-EXAMINATION
5 BY MR. DRATEL:
6 Q. Good morning Det. Clubb.
7 A. Good morning, sir.
8 Q. You say you took those photos 12 days ago or last Thursday
9 was it that you took the photos?
10 A. Last Thursday, yes, sir.
11 Q. So you then didn't take those photos in 1998 correct?
12 A. Sir, I took them last Thursday.
13 MR. DRATEL: No further questions, your Honor.
14 THE COURT: Thank you. You may step down.
15 (Witness excused)
16 THE COURT: You want to recall the witness?
17 MR. KARAS: I do have some stipulations.
18 THE COURT: Yes.
19 MR. KARAS: Your Honor, the first stipulation is
20 marked for identification as Government Exhibit 161.
21 It is hereby stipulated and agreed by and between the
22 parties that if called as a witness an employee of British
23 Telecom familiar with the records maintained by that company
24 would testify that:
25 1. Government Exhibits 1581 through 1591, and 1593
3464
1 and 94 are authentic business records of British Telecom that
2 were made at or near the time of the acts and events recorded
3 in them and were prepared and kept in the regular course of
4 British Telecom's business activity. Specifically:
5 A. Government Exhibit 1581 is a copy of toll and
6 subscriber records for the telephone number 0181208-4422
7 covering the period from July 1996 to September 1998.
8 B. Government Exhibit 1582 is a copy of toll and
9 subscriber records for the telephone number 0181208-4433
10 covering the period from August 1996 to September 1998.
11 C. Government Exhibit 1583 is a copy of toll and
12 subscriber records for the telephone number 01181208-4411
13 covering the period from April 1997 to January 1999.
14 D. Government Exhibit 1584 is a copy of toll and
15 subscriber records for the telephone number 0181968-0048
16 covering the period from June 1998 to November 1998.
17 E. Government Exhibit 1585 is a copy of toll an
18 subscriber records for the telephone number 0181 969-3220
19 covering the period from June 1997 to January 1998.
20 F. Government Exhibit 1586 is a copy of toll and
21 subscriber records for the telephone number 0181964-0087
22 covering the period from April 1997 to September 1997.
23 G. Government Exhibit 1587 is a copy of toll and
24 subscriber records for the telephone number 0181964-0087
25 coverings the period from September 1997 to March 1998.
3465
1 H. Government Exhibit 1588 is a copy of toll and
2 subscriber records for the telephone number 0181960-0574
3 covering the period from November 1997 to January 1998.
4 I. Government Exhibit 1589 is a copy of toll and
5 subscriber records for the telephone number 0181960-0574
6 covering the period from February 1998 to November 1998.
7 J. Government Exhibit 1590 is a copy of toll and
8 subscriber records for the telephone number 0181968-2081
9 covering the period from June 1998 to October 1998.
10 K. Government Exhibit 1591 is a copy of toll and
11 subscriber records for the telephone number 0181964-2549
12 covering the period from August 1996 to October 1997.
13 L. Government Exhibit 1593 is a copy of toll and
14 subscriber records for the telephone number 0181960-8904
15 covering the period from September 1997 to March 1998.
16 M. Government Exhibit 1594 is a copy of toll and
17 subscriber records for the telephone number 0181741-8008
18 covering the period from October 1997 to October 1998.
19 2. A subscriber record reflects, among other things,
20 a telephone number or numbers, the address where the telephone
21 number is listed, the customer who subscribes to that
22 telephone number, a name for purposes of billing, and address
23 for purposes of billing, and other related information.
24 3. Toll records reflect, among other things,
25 outgoing calls made from a telephone number or numbers, the
3466
1 outgoing telephone number called from a telephone, the local
2 time and date of the call, and the length of the call and
3 other related information.
4 At this time, your Honor, the government offers
5 exhibits 161 and exhibit 1581 through 1591 and 1593 to 94?
6 THE COURT: Received.
7 (Government's Exhibits 161 and exhibits 1581 through
8 1591 and 1593 to 1594 received in evidence)
9 MR. KARAS: The next stipulation is marked as exhibit
10 162.
11 It is hereby stipulated and agreed by and between the
12 parties as follows:
13 If called as a witness and employee of One 2 One
14 Mobile Phone Company in England familiar with the records
15 maintained by that company would testify that:
16 1. Government Exhibits 1595 and 1596 are authentic
17 business records of One 2 One that were made at or near the
18 time of the acts and events recorded in them and were prepared
19 and kept in the regular course of One 2 One's business
20 activity. Specifically:
21 A. Government Exhibit 1595 is a copy of toll and
22 subscriber records for the telephone number 0956657875
23 covering the period from December 1997 to September 1998.
24 B. Government Exhibit 1596 is a copy of toll and
25 subscriber records for the telephone number 0956357-892
3467
1 covering the period from October 1997 to September 19982.
2 A subscriber record reflects, among other things, a
3 telephone number or numbers, the address where the telephone
4 number is listed, the customer who subscribes to that
5 telephone number, a name for purposes of billing, and address
6 for purposes of billing, and other related information.
7 3. Toll records reflect, among other things,
8 outgoing calls made from a telephone number or numbers, the
9 outgoing telephone number called from a telephone, the local
10 time and date of the call, and the length of the call, and
11 other related information.
12 At this time, your Honor, the government moves
13 exhibits 162 and 1595 and 1596 into evidence.
14 THE COURT: Received.
15 (Government's Exhibits 162 and 1595 and 1596 received
16 in evidence)
17 MR. KARAS: The next stipulation is marked as exhibit
18 163. It reads as follows:
19 It is hereby stipulated and agreed by and between the
20 parties that if called as a witness, am employee of Cable and
21 Wireless familiar with the records maintained by that company
22 would testify that:
23 1. Government Exhibit 1577 is an authentic call log
24 for the phone located at 12 Formosa Street, London, England
25 for the period July 15 through August 13, 1998, and is an
3468
1 authentic billings record of Cable and Wireless that was made
2 at or near the time of the acts and events recorded in them
3 and were prepared and kept in the regular course of British
4 Cable and Wireless business activity.
5 2. A call log reflects, among other things, outgoing
6 calls made from a telephone number or numbers, the outgoing
7 telephone number called from a telephone, the local time and
8 date of the call, and the length of the call and other related
9 information.
10 Your Honor, at this time the government offers
11 exhibits 163 and 1577.
12 THE COURT: Received.
13 (Government's Exhibits 163 and 1577 received in
14 evidence)
15 MR. KARAS: The next stipulation is marked as exhibit
16 164.
17 It reads: It is hereby stipulated and agreed by and
18 between the parties that if called as a witness, Naomi Wood
19 would testify that she is the landlord of the premises known
20 as 1a Beethoven Street, London, England, and that she was the
21 landlord of said premises during 1997 and 1998.
22 Ms. Wood would further testify that Government
23 Exhibits 1550, 1551, 1552, and 1553 are copies of leases
24 executed for Units 5 and 6 within the premises located at 1a
25 Beethoven Street during 1997 and 1998.
3469
1 At this time, your Honor, the government offers
2 exhibit 164 as well as exhibits 1550, 1551, 1552 and 1553.
3 THE COURT: Received.
4 (Government's Exhibits 164, 1550, 1551, 1552 and 1553
5 received in evidence)
6 MR. KARAS: The next stipulation is marked as exhibit
7 165.
8 It is hereby stipulated and agreed by and between the
9 parties.
10 1. If called as a witness, John Emery, would testify
11 as follows:
12 A. He is a technical officer employed by the
13 Metropolitan Police Officer Service at New Scotland Yard in
14 London, England.
15 B. He examined a Cascio SF-5600AR digital diary
16 indicated as Government Exhibit 1501, that was recovered in
17 the vehicles of Ibrahim Eidarous in London, England on
18 September 23, 1998. The Cascio was found to contain English
19 telephone and address entries.
20 C. He transferred the electronic entries onto paper.
21 Government Exhibit 1501A is a fair and accurate copy of the
22 paper copy of the entries stored on the Cascio found in
23 Ibrahim Eidarous's residence. It should say "vehicle."
24 At this time, your Honor, the government offers 165
25 and 1501A.
3470
1 THE COURT: Do we physically change the word
2 residence appearing in the last line of the first page of 165?
3 Is that agreeable to everyone?
4 MR. DRATEL: Yes, your Honor.
5 THE COURT: Received.
6 (Government's Exhibits 165 and 1501A received in
7 evidence)
8 MR. KARAS: The next stipulation is marked as exhibit
9 166.
10 It is hereby stipulated and agreed by and between the
11 parties that:
12 1. If called as a witness a computer forensics
13 analyst employed by the Metropolitan Police Service at New
14 Scotland Yard would testify that Government Exhibit 1626 is a
15 copy of a computer disk seized from 94 Dewsbury Road, London,
16 England, the residence of Khalid al-Fawwaz, on September 23,
17 1998. The computer forensics analyst would further testify
18 that he retrieved and printed the documents identified as
19 Government Exhibits 1626A, 1626B, 1626C and 1626D.
20 At this time, your Honor, the government offers 166
21 and 1626, 1626A through D.
22 THE COURT: Received.
23 (Government's Exhibits 166 and 1626, 1626A, through D
24 received in evidence)
25 MR. KARAS: Next, your Honor, is stipulation marked
3471
1 as 167.
2 It is hereby stipulated and agreed by and between the
3 parties as follows:
4 1. If called as a witness at trial, an officer
5 employed by the Metropolitan Police Service at New Scotland
6 Yard would testify that he took the fingerprints and palm
7 prints of Adel Abdel Bary on September 23, 1998 in London,
8 England, and that Government Exhibit 1531 is a certified and
9 fair and accurate copy of the fingerprint and palm print cards
10 on which he marked these fingerprints and palm prints.
11 2. If called as a witness at trial, and officer
12 employed by the Metropolitan Police Service at New Scotland
13 Yard would testify that he took the fingerprints and palm
14 prints of Ibrahim Eidarous on September 23, 1998 in London,
15 England and that Government Exhibit 1543 is a certified and
16 fair and accurate copy of the fingerprints and palm print
17 cards on which he marked these fingerprints and palm prints.
18 3. If called as a witness at trial, Brian Charles
19 Rice would testify that:
20 A. He is a Senior Identification Officer and
21 fingerprint identification expert employed by the Metropolitan
22 Police Service at New Scotland Yard.
23 B. He has been engaged in identification of persons
24 by means of fingerprints for more than twenty-six years and
25 that he has never known finger, thumb or palm print
3472
1 impressions of different persons to be identical.
2 C. He was asked to process, among other documents,
3 the documents marked as Government Exhibits 1556 known as
4 SCG/112, 1558 known as SCG/109, 1500 known as PJW/6, and 1557A
5 through E known as SCG/11 for the development of latent
6 fingerprints and palm prints and to compare and develop latent
7 fingerprints and/or palm prints with the known fingerprints
8 and/or palm prints of Adel Abdel Bary and Ibrahim Eidarous.
9 D. He was able to process latent fingerprints on
10 these items and was able to identify them as being from Adel
11 Abdel Bary and/or Ibrahim Eidarous as indicated in the graphic
12 presentations identified as Government Exhibits 1556-LP, which
13 relates also to the exhibit known as SCG/112, 1558-LP also
14 known as CG109; 1500-LP which relates to PJW/6 and 1557A-LP
15 through 1557E-LP. With regard to Government Exhibit 1500
16 which relates to PJW/6 Mr. Rice only identified the
17 fingerprint of Ibrahim Eidarous on page 6 of this exhibit and
18 the inside cover.
19 Your Honor, at this time the government offers 167 as
20 well as 1531, 1543, 1556-LP, 1558-LP, 1500-LP and 1557A-LP
21 through 1557E-LP.
22 THE COURT: Received.
23 (Government's Exhibits 167, 1531, 1543, 1556-LP,
24 1558-LP, 1500-LP and 1557A-LP through 1557E-LP received in
25 evidence)
3473
1 MR. KARAS: Your Honor, this might be a good time for
2 a break.
3 THE COURT: All right. We're adjourned until 2:15.
4 (Luncheon recess)
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
3474
1 A F T E R N O O N S E S S I O N
2 2:15 p.m.
3 MR. KARAS: There was just one other stipulation,
4 your Honor. I wanted to correct a typographical error. We'll
5 just put that on the record.
6 THE COURT: You want to do that?
7 MR. KARAS: If I could put that on the record, yes.
8 THE COURT: After the jury is gone.
9 Any reason not to bring in the jury?
10 MR. COHN: Your Honor, give me two minutes. I may be
11 able to save a substantial amount of time.
12 THE COURT: All right.
13 MR. SCHMIDT: I just want to note one thing based on
14 our earlier conversation: that there are still some
15 discovery/Brady material that we still await from the
16 government, and based on my conversations with the
17 government --
18 THE COURT: Could we have some quiet here, Mr. Cohn.
19 Mr. Cohn, could you conduct your conversations so that --
20 MS. GASIOROWSKI: It's with the defendant.
21 MR. COHN: It's with the defendant and I can't really
22 move.
23 THE COURT: I see. All right, go ahead.
24 MR. COHN: But I'll waive --
25 MR. SCHMIDT: And I am assuming the government is
3475
1 waiting for them to complete their case before they get us the
2 material that we requested and your Honor ordered, but I'm
3 looking at Mr. Karas and he looks somewhat dumbfounded. I'm
4 not sure that that's his desire. That might affect the
5 conversation that I had, we had earlier behind the courtroom,
6 depending on the nature of the material given to us.
7 THE COURT: That's unacceptable. First of all, with
8 respect to these issues I have repeatedly asked counsel
9 whether they were ripe for the Court to deal with them and I
10 have been repeatedly assured that it was not yet ripe.
11 It will be unacceptable if an application is made for
12 a continuance on the grounds that something has not occurred
13 which the Court had ordered to be done or because some things
14 have not yet been accomplished.
15 If the ball is in the government's court, then the
16 government should deal with the matters promptly. And if we
17 know now that any tentative decisions we've made with respect
18 to timing are not going to be accomplished because of any of
19 these matters, then I want to deal with it promptly.
20 I, with considerable reluctance, have accepted
21 defendants' joint requests with respect to timing because I
22 realized the complexity and I realized the other matters
23 affecting timing, but if you have any serious question about
24 timing by virtue of any matters such as you have alluded to,
25 then we should take them up on Thursday immediately after the
3476
1 issues raised by the Odeh subpoenas.
2 Okay, let's bring in the jury.
3 (Pause)
4 THE COURT: I said Odeh's subpoenas and I meant
5 Al-'Owhali's.
6 (Jury present)
7 PETER JAMES WILLIAMS, Recalled
8 THE COURT: I understand the government wishes to
9 recall Detective Williams?
10 MR. KARAS: Yes, your Honor.
11 THE COURT: Mr. Williams, I remind you you are still
12 under oath.
13 THE WITNESS: Yes, sir.
14 DIRECT EXAMINATION
15 BY MR. KARAS:
16 Q. Good afternoon, sir.
17 A. Good afternoon.
18 Q. I'm going to approach with what have been premarked for
19 identification in handwriting Government Exhibit 1532-I.D. and
20 then Exhibits 1532, 1533, 1534, 1535 and 1536.
21 With respect to 1532-I.D., can you tell us what that
22 is?
23 A. Yes, sir. It's a brown leather briefcase containing
24 personal papers, two Egyptian passports, an address book,
25 flight tickets.
3477
1 Q. And where were those items seized?
2 A. They were seized on top of a wardrobe in one of the
3 downstairs bedrooms.
4 Q. And this is in Mr. Eidarous's house?
5 A. It is, yes, sir.
6 Q. 38 Waldo Road?
7 A. Yes, sir.
8 Q. And how is it you recognize 1532-I.D.?
9 A. I recognize it by my exhibit number PJW/20, my
10 handwriting, and my signature.
11 Q. With respect to 1532 through 1536, can you tell us where
12 those documents came from?
13 A. These documents were recovered from -- 1532, from the
14 inside of 1532.
15 Q. 1532-I.D.
16 A. -I.D.
17 MR. KARAS: Your Honor, at this time we offer
18 Exhibits 1532 through 36.
19 THE COURT: Received.
20 (Government Exhibits 1532, 1533, 1534, 1535 and 1536
21 received in evidence)
22 MR. KARAS: No further questions.
23 MR. SCHMIDT: No questions.
24 THE COURT: Thank you.
25 THE WITNESS: Thank you very much. Thank you, sir.
3478
1 MR. KARAS: Your Honor, at this time we would like to
2 display Government Exhibit 1622, and if we could focus down at
3 the bottom address on that page and reading the last word in
4 in English, Ziyad Khaleel, and above that the number
5 4077379489, below that 4077190460, and right above Ziyad
6 Khaleel, Orlando, FL.
7 And if we could display 1623. And for the record
8 these are exhibits that Detective Webber testified were from
9 94 Dewsbury. And if we could focus on the bottom portion
10 there where it says "payment portion" and "shipper," and for
11 the record, payment portion, Saad Al-Fagih, and below that
12 where it says "check payable to Ziyad Khaleel," and to the
13 right, "shipper, Ziyad Khalleel," same spelling, and shipped
14 to Saad Al-Fagih, same spelling.
15 And if we could take that document and put it on the
16 left side of the screen and on the right side display Exhibit
17 592-2. This is one documents of the documents that
18 Ms. Marilyn Morelli testified to from O'Gara, and if we could
19 focus on, at first, the top of the document on the right, the
20 "to" and "from" and "subject" and "date" and to John Lageeza,
21 516586531 from Ziyad Khalil; subject, order of Exact-M
22 Satellite Telephone, date 11/1/96.
23 And if we could display that whole document and then
24 focus on number 2, where it reads the rest of the balance and
25 in handwritten handwriting there, S. R. H. Al-Fagih.
3479
1 And if we could display Government Exhibit 1639, one
2 of the documents seized from 94 Dewsbury, and focus on the
3 second transaction there after 06057*Ziyad, next word K-H-A-L,
4 and then there's a star and TFR 1700.16. And then if we could
5 next display Government Exhibit 594-4 -- actually, first if we
6 could just display -1.
7 This says "minutes used" and the voice IMN reads
8 682505331. And if we could then go to page 4 and then if we
9 could focus on the calls made on 5/4/97, and the first call
10 5/4/97 at time 15:17:04 from 682505331 to 00441812084411.
11 And if we could next display Government Exhibit 1625,
12 one of the documents found at 94 Dewsbury in London, and if we
13 could highlight the top portion of that, the top third or so,
14 and the fax header reads "May 8, 1997, 4:41 p.m., OSN & OGM,
15 plus sign one in (516) 586-5531. And below that it reads add
16 minutes transaction order, and below it appears to be an M
17 circled and handwriting date 5/8/97.
18 And if we could display that whole document on the
19 left side of the screen and on the right side Government
20 Exhibit 593-3, one of the exhibits Ms. Morelli testified to
21 from O'Gara and to Ziyad Khalil from Marilyn Morelli, date,
22 May 8, 1997; subject, minutes. And at the bottom, signed
23 Marilyn Morelli. And if we could display on the right side of
24 the screen Government Exhibit 593-4.
25 Next, if we could display Government Exhibit 594 --
3480
1 I'm sorry, if we could display 593-7, another exhibit
2 Ms. Morelli testified to, and if we could focus on the section
3 below "pro forma invoice" down to the "shipping and handling
4 charges" section, so from "pro forma invoice" down.
5 A little farther down, if we could. Thank you.
6 And below "customer, Mr. Ziyad Khalil, and to the
7 right, "ship to." Below that, Tarik Hamdi, 933 Park Ave.,
8 Herndon, JA 20170, and that's dated on the right there, May
9 11, 19988. If we could put that on the left side of the
10 screen, and then if we could display on the right side
11 Government Exhibit 1621, one of the documents found at
12 Dewsbury Road.
13 At the top, "ABC News World News Tonight." April 22,
14 1998, addressed to Mr. S. Rashid, 21 Blackstone Road, London,
15 NW, 260A, England, UK.
16 "Dear Mr. Rashid: As per our conversations with
17 Mr. Tarik Hamdi in Washington, I am confirming our interest in
18 interviewing Mr. Bin Laden for ABC News. We would propose
19 that the interview air both on ABC news programs "World News
20 Tonight" with Peter Jennings and "Nightline" with Ted Koppel.
21 We are interested in Mr. Bin Laden's views regarding the
22 Islamic movement in the Middle East, the role and objectives
23 of Islamic militants and attitudes towards U.S. policy in the
24 region.
25 "I will continue to be in contact with Mr. Hamdi
3481
1 regarding the timing for our trip.
2 "Thank you for your assistance in making this
3 important project possible.
4 "Sincerely, Christopher Isham."
5 And if we could display on the right side of the
6 screen Government Exhibit 1601, another document found at 94
7 Dewsbury. If we could highlight the text. At the top, "ABC
8 News World News Tonight," dated May 13, 1998 on the right:
9 "Dr. Mohamed Atef, Media Bureau.
10 "Dear Dr. Atef: As per our conversations with
11 Mr. Tarik Hamdi in Washington, I am confirming or interest and
12 desire to interview Mr. Bin Laden for ABC News. This
13 interview will air on ABC news programs "World News Tonight"
14 with Peter Jennings and Nightline with Ted Koppel. We are
15 interested in Mr. Bin Laden's views regarding the developing
16 Islamic movement in the Middle East as well as the role of
17 Islamic militants and their attitudes towards U.S. policy in
18 the region.
19 "Thank you for your assistance in making this
20 important project possible.
21 "Signed, Len Tepper, producer, ABC News."
22 If we could next display Government Exhibit 594-27,
23 one of the pages from the outgoing calls for 682505331, and if
24 we could focus on the bottom three calls and highlight those.
25 And the very last call, 7/29/98, 07:10:25, call from
3482
1 6823505331 to 55441812084411, and then if we could next
2 display Exhibit 593-7 -- excuse me, 593-9, and reading from
3 the top, "Add Minutes Transaction Order," if we could focus on
4 the date there. I think I can read a date 7/30/98 and if we
5 could pull up the next page, -10, 593-10 --8, and at the top
6 ATT calling Marilyn Morelli, fax 516-586-5531, subject adding
7 400 min. to terminal number 6015000230 from Ziyad Khalil. And
8 if we could focus at the bottom, right exactly from there
9 down, "Please try to finish this before noon. Thank you very
10 much." Signed, Ziyad Khalil, 4/13/98 crossed out. Next to
11 that, 8:48 a.m. Below 4:13/98 reads 7/30/98, 8:50 a.m.
12 And next if we could display Exhibit 1501-A, and this
13 is the print-out from the Casio about which there was a
14 stipulation before lunch, and if we could focus on the fourth
15 or fifth, Abo Abdulla, and there's three "at" signs. Next to
16 that reads 00873682505331, below that fax, and then to the far
17 right is the number 2. And then for identification we'll
18 display Exhibit --
19 MR. FITZGERALD: 598.
20 MR. KARAS: 598.
21 For the record, the Casio was found in Mr. Eidarous's
22 house. Car, excuse me. His car.
23 Your Honor, at this time the government calls Margot
24 Hitpas.
25 MARGOT HITPAS, recalled.
3483
1 THE COURT: The court reminds you, ma'am, that you
2 are still under oath.
3 DIRECT EXAMINATION
4 BY MR. KARAS:
5 Q. If you could just remind us what it is that you do.
6 A. I'm a paralegal specialist at the U.S. Attorney's Office
7 here in Manhattan.
8 MR. KARAS: May I approach the witness, your Honor?
9 THE COURT: Yes.
10 BY MR. KARAS:
11 Q. Ms. Hitpas, I have shown you what have been marked for
12 identification as Exhibits 95 and 96. Can you tell us what
13 those are?
14 A. They are summary charts for telephone calls made on
15 February 22nd, 1998 and February 23rd, 1998.
16 Q. Which exhibit number goes with February 22nd, 1998?
17 A. Exhibit No. 95.
18 Q. And 96 is from February 23, 1998?
19 A. That's correct.
20 Q. And can you tell us what telephone records you reviewed
21 before creating or helping to create this chart?
22 A. The telephone records came from on page 3, the listing of
23 phone numbers.
24 Q. And were these telephone records for certain phone
25 numbers?
3484
1 A. Yes.
2 Q. And can you tell us what phone numbers or what records for
3 what phone numbers you reviewed before creating this chart?
4 A. You want me to say the phone numbers?
5 Q. If you could.
6 A. 682505331, 441812084411, 441812084422, 441817418008,
7 44956375892 and 44956657875.
8 Q. Is that for Exhibit 95?
9 A. Yes.
10 Q. And for Exhibit 96, did you review the same numbers you
11 just read out to us?
12 A. Yes.
13 Q. And were there any additional numbers or records for
14 additional numbers you reviewed?
15 A. Yes, there were.
16 Q. What were those?
17 A. 441812084433, 44956375892, 441819640087 and 441819608904.
18 Q. And comparing the calling information that is in the
19 summary charts 95 and 96, can you tell us whether or not those
20 are accurate when you compared those to the records for the
21 phone numbers you just read to us?
22 A. Yes, they are.
23 MR. KARAS: Your Honor, at this time we offer
24 Exhibits 95 and 96.
25 THE COURT: Received.
3485
1 (Government Exhibits 95 and 96 received in evidence)
2 MR. KARAS: If we could display Exhibit 95, please,
3 and if we could go to page 2 of Exhibit 95.
4 Q. Now, the local time column on the far left, what time is
5 used on this chart for those calls?
6 A. Greenwich mean time.
7 Q. And the length of call for the -- you see the call that
8 says 5:49 p.m.?
9 A. Yes.
10 Q. If you could just read to us the length of call, the
11 originating number, the originating subscriber, and the number
12 called and the subscriber called.
13 A. The length of call is 30.7 minutes, the originating number
14 is 441817418008, the originating subscriber is Al-Quds. The
15 number called is 873682505331 and the subscriber called is
16 Ziyad Khalil.
17 MR. KARAS: And if we could display Government
18 Exhibit 93, please, and if we could display page 2 of
19 Government Exhibit 93.
20 If we could focus on the bottom down there, Al-Quds
21 al-Arabi, Volume 9, Issue 3722, Monday, February 23, 1998, and
22 if we could display Exhibit 93-T.
23 And just reading the title there, "Al-Quds al-Arabi,
24 February 23, 1998, Bin Laden, others, signed fatwah to kill
25 Americans everywhere." And if we could display Exhibit 96,
3486
1 please, and then page 2.
2 Your Honor, may I approach the witness?
3 THE COURT: Yes.
4 Q. Now, Ms. Hitpas, I have shown you what have been marked
5 for identification as Exhibits 340, 341, 342 and 343.
6 Generally speaking, can you tell us what those are?
7 A. These are also summary charts for phone calls.
8 Q. And starting with 340, can you tell us what the number is
9 that this chart reflects, the outgoing number?
10 A. The outgoing phone number is 412 -- excuse me, 512430.
11 Q. Can you tell us whether or not you reviewed records for
12 that number before preparing that chart?
13 A. Yes, I did.
14 Q. Is the information contained on that chart accurate as
15 compared to the records you reviewed?
16 A. Yes, it is.
17 Q. Next, with respect to 341, can you tell us what the
18 outgoing phone number is for that chart?
19 A. The outgoing phone number is 766793.
20 Q. Did you review billing records for 766793 before preparing
21 this chart?
22 A. Yes, I did.
23 Q. Exhibit 342, what is the outgoing phone number for that
24 chart?
25 A. 767437.
3487
1 Q. Did you review the billing records for 767437 before
2 preparing that chart?
3 A. Yes, I did.
4 Q. Now, these first three numbers that you just mentioned, in
5 what country were these numbers?
6 A. Kenya.
7 Q. Finally, with respect to Exhibit 343, what is the outgoing
8 phone number reviewed in that chart?
9 A. 682505331.
10 Q. Did you review the records for 682505331 before preparing
11 this chart?
12 A. Yes, I did.
13 Q. With respect to all four charts, is the information
14 contained in the charts accurate as compared to the records
15 that you reviewed?
16 A. Yes, it is.
17 MR. KARAS: Your Honor, at this time we offer
18 Exhibits 340, 341, 342 and 343.
19 THE COURT: Received.
20 (Government Exhibits 340, 341, 342 and 343 received
21 in evidence)
22 BY MR. KARAS:
23 Q. If we could display on the Elmo 340, please. And for the
24 record, Ms. Hitpas, if you could just read right below where
25 it says "summary chart."
3488
1 A. Operated assisted calls from 43 Runda Estates, phone
2 number 512430.
3 Q. And reading along the first row, if you could give us the
4 date, local time, and the information provided therein.
5 A. The date is August 5th, 1998, local time 11:11 p.m.,
6 length of call 6 minutes, 39 seconds, originating caller,
7 Khalid Salim, number called 1200578, location called Yemen.
8 Q. And the next two calls, if you could just tell us what the
9 originating caller is listed.
10 A. Khalid Salim.
11 Q. And the number that is called?
12 A. 1200578.
13 Q. And the location where that is, that number is?
14 A. Yemen.
15 Q. And for the record, those next two calls are on what date?
16 A. August 6th, 1998.
17 Q. And if you could read for us the last row.
18 A. The date is August 7, 1998, local time is 9:19 a.m.,
19 length of call, 20 minutes, 43 seconds, originating caller
20 Khalid S., number called 1200578, location called Yemen.
21 Q. If we could display Exhibit 341, please, and if you could
22 just read for us the line below "summary chart."
23 A. Outgoing calls from phone number 766793 located at 11th
24 Street, Eastleigh.
25 Q. And the first call on August 8, if you could read across
3489
1 from there.
2 A. The date is August 8, 1998, local time is 12:06 p.m.,
3 length of call, 1 minute, 4 seconds, number called 1200578,
4 location called Yemen, subscriber called unknown.
5 Q. And the next call?
6 A. The date is August 12, 1998, local time is 9:32 a.m.,
7 length of call 30 seconds, number called 1200578, location
8 called Yemen, subscriber unknown.
9 Q. And if we could display Exhibit 342, if you could read for
10 us the -- well, if you just tell us the first three calls,
11 what day do those first three calls listed on that chart,
12 what's the date on those calls?
13 A. August 8, 1998.
14 Q. And the first call is to what number?
15 A. 1200579.
16 Q. And the next two calls?
17 A. 1200578.
18 Q. By the way, the call to 579, what's the length of that
19 call?
20 A. 18 seconds.
21 Q. And the next three calls, what day do those calls take
22 place?
23 A. August 9th, 1998.
24 Q. And what is the number called those three times?
25 A. 1200578.
3490
1 Q. And finally, the last row.
2 A. The date is August 11, 1998, the local time is 8:22 p.m.,
3 length of call, 50 seconds, number called 1200578.
4 Q. And for the record, the location of every call listed on
5 this chart is what country?
6 A. Yemen.
7 Q. And finally, if we could display Exhibit 343, and if you
8 could read for us the line below summary chart, please.
9 A. Calls to satellite phone number 682505331 to Yemen number
10 1200578.
11 Q. Does it say calls to or from satellite phone?
12 A. Calls from satellite phone.
13 Q. And on August 10, if you could just read across that row.
14 A. The date is August 10, 1998, local time 4:19 p.m., length
15 of call, 2.7 minutes, number called 1200578, location called
16 Yemen, subscriber called unknown.
17 Q. By the way, local time it says underneath GMT, does that
18 mean Greenwich mean time?
19 A. Yes, it does.
20 Q. The next call on that chart?
21 A. The date is August 11th, 1998, local time 5:04 a.m.,
22 length of call .6 minutes, number called 1200578, location
23 called Yemen, subscriber unknown.
24 Q. And the last call?
25 A. The date is August 11th, 1998, local time 11:25 a.m.,
3491
1 length of call .7 minutes, number called 1200578, location
2 called Yemen, subscriber unknown.
3 Q. Now, did you have an opportunity to review all of the
4 billing records for the phone number 682505331?
5 A. Yes, I did.
6 Q. Can you tell us, aside from these three calls to that
7 number 1200578 that are listed here, were there any other
8 calls from the satellite phone 682505331 to that number in
9 Yemen aside from these three calls listed here?
10 A. There were no other calls.
11 MR. KARAS: I have no further questions.
12 MR. SCHMIDT: No questions.
13 THE COURT: Thank you. You may step down.
14 (Witness excused)
15 MR. FITZGERALD: Your Honor, at this time we would
16 like to display some exhibits.
17 THE COURT: Yes.
18 MR. FITZGERALD: If we could first display just page
19 3 of 202A-T on the screen, page 2 at 202A-T, and if we could
20 just focus on the phone number in the middle of the page
21 989965. And if we could just display page 4 -- sorry, yes,
22 page 4, same exhibit, 202A-T, page 4.
23 If we could focus on page 4. This looks like page 5,
24 go one page before that, and if we could look at -- okay, why
25 don't we just stay with 989965, and if we could now display on
3492
1 the Elmo Government Exhibit 304, the pop-up phone book seized
2 by Agent Coleman, and if we could turn to letter S and display
3 that page on the overhead.
4 And if we could focus on the fifth entry from the
5 bottom, next to the word Saad, and reading into the record:
6 99412 and the last six digits 989965, and if we could also
7 read the slash next to it as being 955769.
8 Now if we could close the pop-up phone book and open
9 it under D and look up Dardaa, and looking at the entry for
10 Dardaa Liby, six digits 755769. I'm sorry, I can't read that
11 well these days, 955769. There is an unclear letter followed
12 by 55769.
13 If we could now display on the Elmo Government
14 Exhibit 594, 594, the entry for December 5th, 1996 -- display
15 it as 594, page 2, and focus on the entry, December 5, 1996 at
16 9:17 all the way across in regard to that and read, the entry
17 is 99412989965 and the calling number is 682505331.
18 If we could now display 624J-T and read the letter
19 dated October 23, 1996.
20 (Government Exhibit 624J-T read)
21 MR. FITZGERALD: This is 624J-T, translation of the
22 document from the search of Mercy International, and now we
23 will display 624I-T, another document from the search of Mercy
24 International that reads:
25 (Government Exhibit 624I-T read)
3493
1 MR. FITZGERALD: The government would now like to
2 display on the Elmo Government Exhibit 623, followed by
3 Government Exhibit 621, followed by Government Exhibit 634,
4 just the outside of the exhibit, and 631. If we could just
5 remove it from the plastic and show what the outside cover of
6 the item looks like.
7 Republic of Yemen passport. That was Government
8 Exhibit 631. If we could show the back of 623 and if we could
9 lighten it. Republic Arabe to Egypt, and if we could display
10 the last item, also from the search of Mercy International,
11 and I'll read the stamp: Kenya (106) immigration officer,
12 Nairobi.
13 We'll go to back to the computer and display GX4,
14 page 12, and if we just read into the record under Ihab Ali,
15 Nawawi and Joseph Kenana, and now if we could display on the
16 Elmo Government Exhibit 305, black leather organizer with the
17 Wadih El Hage business card on the inside.
18 MR. SCHMIDT: What was that number again, please?
19 MR. FITZGERALD: Government Exhibit 305 admitted
20 during the testimony of Agent Coleman.
21 If we could display on the Elmo the black organizer
22 with the card on the inside, and then if we turn two pages and
23 the first page, if we could focus on the entry for Nawawi, and
24 reading the address, box 11343, Khobar-Saudi. If we could
25 turn to the next page, and reading the entry for Yousef
3494
1 Kenana, Box 11343, Dayton, Texas 76015.
2 If I could have one moment, your Honor.
3 (Pause)
4 MR. FITZGERALD: I'm going to locate one stipulation,
5 your Honor.
6 Your Honor, we'll go back to Government Exhibit 304.
7 Your Honor, I just need a moment for one stipulation.
8 (Pause)
9 MR. FITZGERALD: I apologize, your Honor, we moved
10 the order and the one set of documents needed a lead-in by a
11 stipulation. If I could just suggest we take the early break
12 a little early just for a moment.
13 THE COURT: There is a stipulation?
14 MR. FITZGERALD: There is not a lot left this
15 afternoon, but I think we need that one document to read
16 things.
17 THE COURT: All right.
18 MR. FITZGERALD: I apologize.
19 THE COURT: We'll take our mid-afternoon recess.
20 (Recess)
21 (Continued on next page)
22
23
24
25
3495
1 (In open court; jury not present)
2 MR. FITZGERALD: We probably have about 15 minutes
3 before we get to the wiretap. I think counsel would prefer
4 that we do the wiretap one last time before we put in the last
5 five calls. I think about a quarter of 4 we're done for the
6 week.
7 (Continued on next page)
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
3496
1 (Jury present)
2 MR. FITZGERALD: Your Honor, thank you for the
3 Court's indulgence. We have a stipulation which I'd like to
4 read from. It's Government Exhibit 50.
5 It is hereby stipulated and agreed by and between the
6 parties as follows:
7 1. Government Exhibit 500 is a true and accurate
8 copy of a March 1993 hotel record for the Ambassador Hotel in
9 Nairobi, Kenya, and Government Exhibit 501 is the original
10 folio card completed for Odeh. Both of these records may be
11 admitted in evidence as business records of the Ambassador
12 Hotel.
13 Your Honor, I would offer now Government Exhibits 500
14 and 501.
15 THE COURT: Received.
16 (Government's Exhibits 500 and 501 received in
17 evidence)
18 MR. FITZGERALD: I'll display a page of 501
19 concerning March 11, 1993 on the Elmo. Government Exhibit 50
20 is the stipulation.
21 THE COURT: 50 is also received.
22 (Government's Exhibit 50 received in evidence)
23 MR. FITZGERALD: This is Government Exhibit 500 and
24 if we can focus on the entry number 96 in the left column.
25 I'm just reading Odeh, Mohammed, next to 505, and then the
3497
1 number 1. Then it says Jordanian, and two lines below the
2 date is listed as 12/3/993.
3 Now we'll publish Government Exhibit 501 on the Elmo.
4 Reading Mohammed Odeh, last name Odeh, first name Mohammed,
5 home address Aman, Jordan, passport number 424242 and the
6 arrival date is 12/3/1993.
7 Returning to the stipulation, Government Exhibit 50
8 and reading from paragraph 2.
9 Government Exhibits 502 through 505 are true and
10 accurate copies of documents provided by defendant Odeh to the
11 Nyacheki Agency on or about October 1, 1994 at or about the
12 time that Odeh rented premises in Mombasa, Kenya.
13 Exhibits 502 through 505 may be admitted in evidence.
14 At this time, your Honor, we would offer 502 through 505.
15 THE COURT: Received.
16 (Government's Exhibits 502 through 505 received in
17 evidence)
18 MR. FITZGERALD: We would display 503 on the Elmo or
19 on the computer if it's better. Just reading the date 5/8/94
20 received of Mohammed Sadiq Odeh, address PO box 72239NBI.
21 If we can put that on the left of the screen and
22 compare that with Government Exhibit 610 on the right side of
23 the screen, and marked the address seized in the search of
24 Mercy International underneath Wadia Norman, PO box 72239,
25 Nairobi, Kenya to Kenya.
3498
1 Next display Government Exhibit 505. Enlarge that.
2 If we can just read 25 slash 8 slash 94, line 1. Lost
3 Jordanian passport number 424242. And then below in the lower
4 right-hand corner a box. Let's focus on that. Mohammed Sadiq
5 Odeh. Below that a number 71202219 and on the right PO box
6 722239.
7 Returning to the stipulation Government Exhibit 50 to
8 paragraph 3.
9 Government Exhibits 507 and 508 are true and accurate
10 copies of a document, a Kenyan identity card of Mohammed Sadiq
11 Odeh with photographs and fingerprints and Mustafa Ali Elbishy
12 with photographs and fingerprints.
13 Government Exhibit 507 and 508 may be admitted in
14 evidence. This is 508 on the screen and the name for Mustafa
15 Ali Elbishy up top and below where it lists mother's name if
16 we can focus on that, mother's name, Miriam Omar Hasan. And
17 if we now display Government Exhibit 507 the name Mohammed
18 Sadiq Odeh and below under mother's name, Mariam Omar. If we
19 could also focus on the ID number, 12773666.
20 Returning to the stipulation, paragraph 4.
21 Government Exhibit 509 is a true and accurate copy of
22 a page of the Nation newspaper dated August 25, 1994.
23 Government Exhibit 509 may be admitted in evidence.
24 Paragraph 5. Government Exhibit 510 is a true and
25 accurate copy of a page from the Kenyan police occurrence book
3499
1 dated August 24, 1994. Government Exhibit 510 may be admitted
2 in evidence.
3 At this time, your Honor, the government would offer
4 Government Exhibits 509 and 510.
5 THE COURT: Received.
6 (Government's Exhibits 509 and 510 received in
7 evidence)
8 MR. FITZGERALD: If we can display the second page of
9 Government Exhibit 510 and look at the entry for loss of
10 passport, if we can scan across the page. Go to the next page
11 and look for the passport reference number 424242. Focus
12 underneath, enlarge that, and reading Mohammed Sadiq Odeh, box
13 72239, Nairobi.
14 If we could look at the next exhibit. Your Honor, at
15 this time I would offer the stipulation Government Exhibit 50
16 in evidence.
17 THE COURT: Received.
18 (Government's Exhibit 50 received in evidence)
19 MR. FITZGERALD: If we could now display Government
20 Exhibit 614, a document seized in the search of Mercy
21 International. Enlarge the paragraph of the text. I hereby
22 apply to appoint Mohammed -- it reads O-L-I-D-E-H-I-D number
23 12773666 slash 74 to be my agent handling the affairs of boat
24 Munawar and taking all responsibilities as most of my time I
25 will be traveling outside the country. Please consider my
3500
1 application. Thanking you in advance. Yours faithfully,
2 Mohammed Karama.
3 We'll now display 650A, another document from the
4 search of Mercy International. Just read unregistered
5 vessel's license, vessel's name, Munawar, owner's name
6 Mohammed Karama.
7 Now display 650B. Enlarge the top which says
8 M-A-N-A-W-A-R, certificate of registration the boat of
9 Mohammed Karama.
10 650C, another document in the search of Mercy
11 International. First schedule and name of M-U-M-A-R crossed
12 out, M-U-N-A-W-A-R. Name of owner, Mohamed Karama.
13 Now display 650D. Reading the vessel's name Munawar.
14 Owner's name, Mohammed Karama. Again another document in the
15 search of Mercy International.
16 The last document we play today from that search is
17 650E, another copy of an unregistered vessel's license,
18 Munawar. Owner's name, Mohammed Karama.
19 And from Government Exhibit 50 I'll read one
20 additional paragraph.
21 It says: Government Exhibits 720 through 721 are
22 true and accurate copies of a telephone book and a receipt
23 seized by Kenyan and American officials during a search of the
24 home of Omar Nassir Salim in Mombasa, Kenya on August 17,
25 1998.
3501
1 Your Honor, the government would offer Government
2 Exhibits 720 and 721.
3 THE COURT: Received.
4 (Government's Exhibits 720 and 721 received in
5 evidence)
6 MR. FITZGERALD: We would display Government Exhibit
7 720, a page in this phone book. Focusing on the top of the
8 page handwriting M-O-H apostrophe D S-A-D-I-Q. Underneath
9 W-A-D-I-A. Tel. 71202219.
10 MR. BUTLER: Your Honor, just a few more
11 stipulations. This stipulation has been marked as Government
12 Exhibit 72 for identification.
13 It is hereby stipulated and agreed by and between the
14 parties that if called as a witness, John Paul Mangori, senior
15 assistant principal immigration officer, Kenyata International
16 Airport would testify as follows:
17 Government Exhibit 575 is a true and correct copy of
18 a Republic of Kenya entry declaration form for passenger
19 Khalid Salim Saleh Bin Rashid from Yemen, passport number
20 00139533 for Gulf air flight 713 to Nairobi on August 2, 1998.
21 It is further stipulated and agreed that Government
22 Exhibit 575 may be received in evidence at trial.
23 It is further stipulated and agreed that this
24 stipulation may be received in evidence as a Government
25 Exhibit at trial. The government would move the stipulation
3502
1 exhibit 72 and the referenced exhibit, Government Exhibit 575,
2 into evidence.
3 THE COURT: Received.
4 (Government's Exhibits 72 and 575 received in
5 evidence)
6 MR. BUTLER: With the Court's permission I'd like to
7 display Government Exhibit 575.
8 Note the full address in Kenya listed as the Ramada
9 Hotel, Nairobi.
10 The next stipulation has been marked for
11 identification as Government Exhibit 157, I'm sorry, 151.
12 It is hereby stipulated and agreed by and between the
13 parties that if called as a witness Sayed M. Alsha Kelly,
14 manager Gulf Air, Nairobi, Kenya would testify as follows:
15 Government Exhibit 576 is a true and correct copy of
16 the passenger manifest for Gulf Air flight 713 from Abu Dabbi,
17 United Arab Emirates to Nairobi Kenya on August 2, 1998.
18 It is further stipulated and agreed that Government
19 Exhibit 576 may be received in evidence at trial.
20 It is further stipulated and agreed that this
21 stipulation may be received in evidence as a Government
22 Exhibit at trial.
23 The government would move the stipulation exhibit 151
24 and the referenced exhibit Government Exhibit 576 into
25 evidence.
3503
1 THE COURT: Received.
2 (Government's Exhibits 151 and 576 received in
3 evidence)
4 MR. BUTLER: If we could just display Government
5 Exhibit 576 on the Elmo. If you notice on the first column
6 about halfway down the page on the passenger manifest is
7 listed Khalid Salim.
8 Next stipulation has been marked for identification
9 as Government Exhibit 73. It is hereby stipulated and agreed
10 by and between the parties that if called as a witness an
11 official of the MP Sha Hospital would testify as follows:
12 1. Government Exhibit 579 A is a true and correct
13 copy of the portion of a record card for a patient named
14 "Khalid Saleh" maintained by MP Sha Hospital.
15 2. Government Exhibit 579B is a true and correct
16 copy of a list of persons treated at MP Sha Hospital on August
17 7, 1998 entitled "bomb blast casualties MP Sha Hospital."
18 It is further stipulated and agreed that Government
19 Exhibit 579A and 579B may be received in evidence at trial.
20 It is further stipulated and agreed this stipulation
21 may be received in evidence as a Government Exhibit at trial.
22 The government would move the stipulation exhibit 73
23 and the two exhibits, 579A and 579B into evidence.
24 THE COURT: Received.
25 (Government's Exhibits 75, 579A and 579B received in
3504
1 evidence)
2 MR. BUTLER: If we could just show page 2 of 579B on
3 the Elmo which is the list of treated patients at MP Sha from
4 August 7. K Saleh. And the patient number is 61367.
5 The next stipulation has been marked for
6 identification as Government Exhibit 160.
7 It is hereby stipulate and agreed by and between the
8 parties as follows:
9 If called as a witness at trial a law enforcement
10 officer would testify that he took the fingerprints and palm
11 prints of Mohammed Rashid Daoud Al-'Owhali on August 27, 1998
12 in New York, and that Government Exhibits 587A and 587B are
13 fair and accurate copies of the fingerprint and palm print
14 cards on which he marked these fingerprints and palm prints.
15 It is further stipulated and agreed that the
16 foregoing exhibits are authentic. It is further stipulated
17 and agreed this stipulation may be received in evidence as a
18 Government Exhibit at trial and the government would move the
19 stipulation, which is Government Exhibit 160, and the two
20 referenced exhibits, Government Exhibit 578A and B into
21 evidence.
22 THE COURT: Received.
23 (Government's Exhibits 578A, 578B and 160 received in
24 evidence)
25 MR. BUTLER: The last stipulation, your Honor, has
3505
1 been marked as Government Exhibit 180.
2 It is hereby stipulated and agreed by and between the
3 parties that 1 Government Exhibit 568A is the original lease
4 for the property 43 Runda Estates, Nairobi, Kenya for the
5 period May 1, 1998 through August 31, 1998.
6 It is further stipulated and agreed that Government
7 Exhibit 568A may be received in evidence as a Government
8 Exhibit at trial. It is further stipulated and agreed that
9 this stipulation may be received in evidence as a Government
10 Exhibit at trial.
11 The government would offer the stipulation exhibit
12 180 and the referenced exhibit, Government Exhibit 568A, at
13 this time.
14 THE COURT: Received.
15 (Government's Exhibits 568A and 180 received in
16 evidence)
17 MR. FITZGERALD: That's it for today, Judge.
18 THE COURT: All right, ladies and gentlemen, that's
19 it for today. That's it for this week, so that when we
20 adjourn we are going to adjourn until Monday.
21 I'm sorry not to have been able to give you more
22 notice, but as you see what is happening is that a great many
23 stipulations are being entered which obviate the need to call
24 live witnesses, and this of course speeds things up
25 considerably. Because there are some witnesses who are
3506
1 traveling from far off lands they are not available tomorrow
2 or Thursday and we'll proceed on Monday.
3 It is also our expectation that after next week we
4 may have a break which could be as long as a week, which will
5 I hope give you an opportunity to take care of some of your
6 affairs and enjoy the holiday, and give the lawyers and the
7 Court and opportunity to do some other matters.
8 Be sure everybody stays well. I remind you again,
9 please not to read or listen to anything you may see in the
10 media about this case, nor discuss this case with anyone. I
11 hope you have a pleasant respite from your business as a juror
12 and we'll resume again Monday morning.
13 Thank you.
14 (Continued on next page)
15
16
17
18
19
20
21
22
23
24
25
3507
1 (Jury not present)
2 THE COURT: We're adjourned until Thursday at 10 a.m.
3 at which time we'll take up the matters raised by Al-'Owhali's
4 subpoenas, and the matters that were left with Mr. Schmidt
5 concerning timing.
6 A letter from a juror says: Thank you for your
7 constant consideration of the jurors' needs. Your effort to
8 expedite the trial is appreciated by all I am sure. I do have
9 a request, however. I am finding the delivery of the
10 information from various stipulations and numerous documents,
11 especially letters, phone numbers, names and addresses to be
12 much too rapid for me to record on paper and store in my mind,
13 have something overly detail.
14 This is the only trial I've ever been on, but could
15 you ask the prosecutors to slow down in reading the kind of
16 information listed above and leave the exhibits on the screen
17 a bit longer. Thank you very much.
18 PS. If you feel the details of these stipulations
19 are something I need not be overly concerned about considering
20 these, then proceed as is.
21 (Laughter)
22 Well, you know I have noticed that there are three or
23 four jurors who are taking notes and have been attempting to
24 record telephone numbers and so on. The stipulations which
25 have these numbers are in evidence and I would suggest that on
3508
1 Monday morning I will tell them that the stipulations -- I
2 feel like Price Waterhouse is handing me the envelopes -- that
3 they will be able to see the stipulations if they request
4 during their deliberations. They laugh at it, but it is a
5 reflection of how conscientious the jurors are.
6 The next note is from a juror who has just received
7 his master's degree and would like to attend the commencement
8 ceremony being held on Thursday May 10th from 9:30 to 12.
9 Would it be possible to begin the court session later
10 in the day? I'd be willing to leave the commencement at 11:30
11 a.m. to be able to be in time for court. I totally understand
12 if you decide not to grant my request.
13 Anybody object to the request being granted? We will
14 grant the request. We're adjourned until Thursday 10 a.m.
15 Those who are not involved in either the Al-'Owhali subpoenas
16 or the discovery matters that Mr. Schmidt raised may absent
17 themselves if they wish.
18 (Adjourned to 10 a.m., Thursday, March 29, 2001)
19
20
21
22
23
24
25
3509
1 INDEX OF EXAMINATION
2 Witness D X RD RX
3 PAUL WILLIAMS...........3397 3406 3412
4 DAVID FREDERICK MAY.....3414 3419
5 STEPHEN CHARLES GREGORY.3422 3433
6 KEITH RICHARD ASMAN.....3437
7 NOEL THOMAS FEENY.......3451
8 GARY WILLIAM CLUBB......3456 3463
9 PETER JAMES WILLIAMS....3475
10 MARGOT HITPAS...........3482
11 GOVERNMENT EXHIBITS
12 Exhibit No. Received
13 1502, 1503, 1504, 1505, 1506, 1507, 1508,
14 1509, 1510, 1511, 1512, 1513, 1514, 1515A,
15 1515B, 1516, 1517, 1518, 1519, 1520,
16 1522, 1523, 1524, 1525, 1526A and B,
17 and 1527 ...................................3398
18 98 .........................................3401
19 1540 .......................................3416
20 1541 .......................................3417
21 1542 .......................................3419
22 1555 and 1556 ..............................3426
23 1557A, 1557B, 1557C, 1557D, 1557E
24 and 1557-P .................................3427
25 1558 and 1558-P ............................3430
3510
1 1561 .......................................3431
2 1562 .......................................3432
3 1563 .......................................3433
4 1559 .......................................3439
5 1576A and 1576B ............................3455
6 1579 .......................................3458
7 1580 .......................................3459
8 1575A through G ............................3461
9 161 and exhibits 1581 through 1591
10 and 1593 to 1594 ...........................3466
11 162 and 1595 and 1596 ......................3467
12 163 and 1577 ...............................3468
13 164, 1550, 1551, 1552 and 1553 .............3469
14 165 and 1501A ..............................3470
15 166 and 1626, 1626A, through D .............3470
16 167, 1531, 1543, 1556-LP, 1558-LP, 1500-LP
17 and 1557A-LP through 1557E-LP ..............3472
18 1532, 1533, 1534, 1535 and 1536 ............3476
19 95 and 96 ..................................3484
20 340, 341, 342 and 343 ......................3486
21 500 and 501 ................................3495
22 50 .........................................3495
23 502 through 505 ............................3496
24 509 and 510 ................................3498
25 50 .........................................3498
3511
1 720 and 721 ................................3500
2 72 and 575 .................................3501
3 151 and 576 ................................3502
4 75, 579A and 579B ..........................3502
5 578A, 578B and 160 .........................3503
6 568A and 180 ...............................3504
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9
10
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12
13
14
15
16
17
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