10 July 2001
Source: Digital file from the Court Reporters Office, Southern District of
New York; (212) 805-0300.
This is the transcript of Day 76 of the trial, July 10, 2001.
The transcript for Day 75 was not sent by the Court Reporter. By difference of page numbers of Day 74 and 76 it appears to consist of 2 pages.
See other transcripts: http://cryptome.org/usa-v-ubl-dt.htm
                                                                8752
   1   UNITED STATES DISTRICT COURT
       SOUTHERN DISTRICT OF NEW YORK
   2   ------------------------------x
   3   UNITED STATES OF AMERICA
   4              v.                           S(7) 98 Cr. 1023
   5   USAMA BIN LADEN, et al.,
   6                  Defendants.
   7   ------------------------------x
   8
                                               New York, N.Y.
   9                                           July 10, 2001
                                               10:00 a.m.
  10
  11
  12   Before:
  13                       HON. LEONARD B. SAND,
  14                                           District Judge
  15                            APPEARANCES
  16   MARY JO WHITE
            United States Attorney for the
  17        Southern District of New York
       BY:  PATRICK FITZGERALD
  18        MICHAEL GARCIA
            Assistant United States Attorneys
  19
  20
  21   DAVID RUHNKE
       DAVID STERN
  22        Attorneys for defendant Khalfan Khamis Mohamed
  23
  24
  25
                                                                8753
   1            (The jury was assembled at 10:00 a.m. and
   2   deliberations resumed.)
   3            THE COURT:  Good morning.
   4            THE JURY:  Good morning.
   5            THE COURT:  Mr. Kenneally, will you take attendance,
   6   please.
   7            DEPUTY CLERK:  Ladies and gentlemen of the jury,
   8   please answer to your presence as your name is called.
   9            (July roll called; all present)
  10            DEPUTY CLERK:  Madame Forelady, has the jury reached
  11   a verdict on the Special Verdict Form?
  12            THE FORELADY:  Yes, we have.
  13            DEPUTY CLERK:  On Section I, The Gateway Factors,
  14   Part A, Question 1, your answer is?  How do you find?
  15            THE FORELADY:  The first one:  We unanimously find
  16   that this factor has been proved beyond a reasonable doubt
  17   with regard to all of the capital counts.
  18            DEPUTY CLERK:  With the continuation on Part A of
  19   Section I, Question 2.
  20            THE FORELADY:  Yes.  2, also the first one:  We
  21   unanimously find that this factor has been proved beyond a
  22   reasonable doubt with regard to all of the capital counts.
  23            DEPUTY CLERK:  Question 3 of Part A, Section I.
  24            THE FORELADY:  Question 3, also the first one:  We
  25   unanimously find that this factor has been proved beyond a
                                                                8754
   1   reasonable doubt with regard to all the capital counts.
   2            DEPUTY CLERK:  Part A, Question 4.
   3            THE FORELADY:  Question 4, the first one also:  We
   4   unanimously find that this factor has been proved beyond a
   5   reasonable doubt with regard to all of the capital counts.
   6            DEPUTY CLERK:  Going to Section II, Statutory
   7   Aggravating Factors, Part A, what is your answer?
   8            THE FORELADY:  The first one:  We unanimously find
   9   that this factor has been proved beyond a reasonable doubt
  10   with regard to all the capital counts.
  11            DEPUTY CLERK:  Part A, Question 2.
  12            THE FORELADY:  Also the first one:  We unanimously
  13   find that this factor has been proved beyond a reasonable
  14   doubt with regard to all of the capital counts.
  15            DEPUTY CLERK:  Part A, Question 3, your answer is?
  16            THE FORELADY:  Also the first one:  We unanimously
  17   find that this factor has been proved beyond a reasonable
  18   doubt with regard to all of the capital counts.
  19            DEPUTY CLERK:  Continuing on Part A, Question 4.
  20            THE FORELADY:  Question 4, also the first one:  We
  21   unanimously find that this factor has been proved beyond a
  22   reasonable doubt with regard to all of the capital counts.
  23            DEPUTY CLERK:  Skipping Part B, we go to Section III,
  24   the Non-Statutory Aggravating Factors, Part A.
  25            THE FORELADY:  Part A is the last one:  We do not
                                                                8755
   1   unanimously find that this factor has been proved beyond a
   2   reasonable doubt with regard to any of the capital counts.
   3            DEPUTY CLERK:  Continuing on Section III, Part B,
   4   your answer is?
   5            THE FORELADY:  Is the first one:  We unanimously find
   6   that this factor has been proved beyond a reasonable doubt
   7   with regard to all of the capital counts.
   8            DEPUTY CLERK:  Continuing Part A, Question C.
   9            THE FORELADY:  Question C is the first one:  We
  10   unanimously find that this factor has been proved beyond a
  11   reasonable doubt with regard to all of the capital counts.
  12            DEPUTY CLERK:  Section IV, the Mitigating Factors,
  13   how do you find as to A(1) through (3)?
  14            THE FORELADY:  A(1) through (3), the number of jurors
  15   is ten.
  16            DEPUTY CLERK:  Part B, the number of jurors?
  17            THE FORELADY:  B, number of jurors is 11.
  18            DEPUTY CLERK:  Part C(1) through (3)?
  19            I'm sorry.  Part C, Question C(1) through (3), number
  20   of jurors?
  21            THE FORELADY:  Number of jurors is nine.
  22            DEPUTY CLERK:  E, number of jurors you so find?
  23            THE FORELADY:  Number of jurors for E is nine.
  24            DEPUTY CLERK:  F?
  25            THE FORELADY:  Number of jurors for F is 12.
                                                                8756
   1            DEPUTY CLERK:  G?
   2            THE FORELADY:  For G the number of jurors is zero.
   3            DEPUTY CLERK:  Continuing on Section IV, Mitigating
   4   Factors, H?
   5            THE FORELADY:  For H, number of jurors is nine.
   6            DEPUTY CLERK:  I'm sorry, nine?
   7            THE FORELADY:  Nine.
   8            DEPUTY CLERK:  Going to I.
   9            THE FORELADY:  I, the number of jurors is 12.
  10            DEPUTY CLERK:  J?
  11            THE FORELADY:  J, the number of jurors is seven.
  12            DEPUTY CLERK:  L?  That's L(1) through (3).
  13            THE FORELADY:  L(1) through (3) is ten.
  14            DEPUTY CLERK:  Madame Forelady, do you have
  15   additional mitigating factors?
  16            THE FORELADY:  Yes, there were two additional
  17   mitigating factors.  The first one is that Khalfan Mohamed's
  18   last psychological report dated March 2001 judged his
  19   potential of harm to others to be low.
  20            DEPUTY CLERK:  Continue.
  21            THE FORELADY:  And the number of jurors who so find
  22   is nine.
  23            DEPUTY CLERK:  Any further mitigating factors?
  24            THE FORELADY:  Yes.  The next one, the last one, is
  25   that life imprisonment is a harsher punishment than being put
                                                                8757
   1   to death, and the number of jurors who so find is three.
   2            DEPUTY CLERK:  Three.
   3            Section V, Determination of Sentence.  Madame
   4   Forelady, can you please read out loud your determination of
   5   sentence?
   6            THE FORELADY:  Certainly.  It's the last one:  We,
   7   the jury, are unable to reach a unanimous verdict either in
   8   favor of a life sentence or in favor of a death sentence for
   9   any of the capital counts.  We understand that the consequence
  10   of this is that Khalfan Khamis Mohamed will be sentenced to
  11   life imprisonment without the possibility of release.
  12            THE COURT:  Ladies and gentlemen, let me summarize
  13   your findings and make sure that we have reported them
  14   correctly.
  15            With respect to the gateway factors, you have
  16   answered that you have unanimously found the gateway factors
  17   to have been proven beyond a reasonable doubt with regard to
  18   all of the capital counts, and you made a similar finding with
  19   respect to the statutory aggravating factors.
  20            With respect to the non-statutory aggravating
  21   factors, you do not unanimously find that the defendant poses
  22   a continuing and serious threat to the life and safety of
  23   others with whom he will come in contact.  You do find that
  24   the non-statutory aggravating factors B and C have been proven
  25   beyond a reasonable doubt.
                                                                8758
   1            With respect to the mitigating factors, with respect
   2   to A, ten jurors so found; B, eleven jurors; C, nine jurors;
   3   E, nine jurors; F, twelve jurors; no jurors found as to G;
   4   nine as to H; twelve as to I; seven as to J; ten as to L.
   5            You have found as two additional mitigating factors
   6   that K.K. Mohamed's last psychological report showed that
   7   danger of harm to others was low, and nine jurors so found.
   8            THE FORELADY:  Correct.
   9            THE COURT:  And you also found as a mitigating factor
  10   that life imprisonment was a harsher punishment than death,
  11   and three jurors so found.
  12            THE FORELADY:  Yes.
  13            THE COURT:  And with respect to sentence, you are
  14   unable to reach a unanimous verdict either in favor of a life
  15   sentence or in favor of death sentence for any of the capital
  16   counts.  You understand that the consequence of this is that
  17   Khalfan Khamis Mohamed will be sentenced to life imprisonment
  18   without the possibility of release.
  19            THE FORELADY:  Correct.
  20            THE COURT:  And have each of you put your number on
  21   the last sheet, indicating that that reflects your unanimous
  22   determination; and have you completed the certification which
  23   appears as Section VI, dated and signed the special Special
  24   Verdict Form?
  25            THE FORELADY:  Yes, sir.
                                                                8759
   1            THE COURT:  Have you also signed your real name and
   2   placed that certificate in the envelope?
   3            THE FORELADY:  Yes, sir.
   4            THE COURT:  Mr. Kenneally, will you poll the jury?
   5            DEPUTY CLERK:  Ladies and gentlemen of the jury, you
   6   have heard your verdict as it has been --
   7            JUROR NO. 7:  I'm sorry, your Honor.  I'm sorry.  I
   8   need clarification.  In the polling of the jury, are you
   9   asking us individually how we voted or if we are in agreement
  10   that this is the sentence that is being imposed?
  11            THE COURT:  The question is whether this is an
  12   accurate statement of the verdict reached by the jury.
  13            JUROR NO. 7:  Thank you.
  14            THE COURT:  You are saying no more but no less than
  15   the verdict as announced by the foreperson and as summarized
  16   by the Court is an accurate statement of the verdict rendered
  17   by the jury.
  18            Mr. Kenneally, poll the jury.
  19            (Jury polled; each juror responded in the
  20   affirmative)
  21            THE COURT:  Is there anything further that counsel
  22   requests with respect to the jury before I discharge them with
  23   the thanks of the Court?
  24            MR. FITZGERALD:  No, Judge.
  25            MR. RUHNKE:  No, your Honor.
                                                                8760
   1            THE COURT:  Ladies and gentlemen, some parting
   2   comment seems appropriate, and I know you have had some
   3   questions that have been relayed to me through the marshal.
   4            First, let me extend my appreciation to all of those
   5   who have enabled these proceedings to move forward
   6   expeditiously and with minimal disruption.  Our thanks to the
   7   deputy marshals, the security officers, court reporters,
   8   interpreters, Mr. Kenneally.
   9            This difficult and emotionally-charged case has
  10   proceeded with no virtually no petty bickering among counsel,
  11   and it has been a rare occasion where we have had to interrupt
  12   the taking of testimony for sidebars or matters that we have
  13   not dealt with before you arrived or after you left.
  14            Above all, and on behalf of all the participants in
  15   this trial, our thanks to you, the jury.  You have been
  16   patient, conscientious and good-natured, as you devoted more
  17   than half a year to this extraordinary civic duty.  Thanks,
  18   too, to your family, your employers, your co-workers, who have
  19   also been called upon to make sacrifices.
  20            We have heard the view expressed, for a variety of
  21   reasons, a case of this type could not receive a fair trial
  22   before an American jury.  You know how wrong that view was.
  23   The amount of time, effort, and resources that have been
  24   expended to protect everyone's rights has been apparent.  No
  25   one who has carefully followed these proceedings can entertain
                                                                8761
   1   any doubt that you have based your decisions solely on the
   2   meticulous scrutiny of the evidence and the issues.
   3            You have asked about taking material home, and I'm
   4   sorry, but, no, everything should be left in the jury room and
   5   it will all go into the shredder.
   6            One final observation, and that is with respect to
   7   talking to the media, to the press.  First, it should be clear
   8   that once you leave this courthouse, you have every right, if
   9   you wish, to contact the press and discuss what occurred in
  10   the jury room.  You also have an absolute right not to do so.
  11            The press has a right to seek you out and encourage
  12   you to discuss what went on during your deliberations.  That
  13   is the roll of the press, and I intend no criticism of them if
  14   they seek to contact you.  A free and informed press is a
  15   mainstay of our system of government.  I am not questioning
  16   that.  But if you decline to speak to the press, you are not
  17   to be badgered or called repeatedly.  If this occurs, please
  18   advise the marshal and I will take appropriate action.
  19            Having said that you have a right to seek out and to
  20   talk to the press, if you wish to do so, let me urge that you
  21   not do so, for several reasons:  The American jury system is
  22   an amazing institution, and having observed it closely as a
  23   trial judge for over 20 years, I am more and more convinced of
  24   its value and its important role in our society.
  25            One of the keystones of the jury system is the
                                                                8762
   1   secrecy given to jury deliberations.  Every juror in this case
   2   and every juror in cases that will follow should be secure in
   3   the knowledge that the views he or she candidly expresses
   4   during jury deliberations will not be emblazoned in the print
   5   or the electronic media.
   6            Moreover, for good reason, you are an anonymous jury.
   7   We promised that we would make every reasonable effort to keep
   8   your identity secret.  Obviously, if press accounts begin to
   9   appear and other jurors, perhaps disagreeing with what was
  10   said, begin responding in the press, there is a real danger
  11   that your anonymity will be jeopardized.
  12            As I have said, please leave your notes and papers in
  13   the jury room and they will all be shredded.
  14            I don't know your names and may never see you again,
  15   but I am very appreciative of the service that you have
  16   rendered and I would like to shake your hands and wish you
  17   Godspeed.
  18            (Jury excused)
  19            THE COURT:  We will set September 19th at 10 a.m. in
  20   this courtroom for sentencing.
  21            MR. RUHNKE:  Yes, your Honor.
  22            THE COURT:  We will order a full pre-sentence report.
  23   I assume counsel wish to be present --
  24            MR. RUHNKE:  Yes.
  25            THE COURT:  -- for the interview for the pre-sentence
                                                                8763
   1   report, and that will be noted.
   2            Is there anything else?
   3            MR. FITZGERALD:  No, Judge.  Thank you.
   4            THE COURT:  That being the case, we are adjourned
   5   until September 19th at 10 a.m.
   6            Thank you all.
   7            (Adjourned)
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