3 April 2001
Source: Digital file from the Court Reporters Office, Southern District of
New York; (212) 805-0300.
This is the transcript of Day 26 of the trial, 3 April 2001.
See other transcripts: http://cryptome.org/usa-v-ubl-dt.htm
3686
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
6 USAMA BIN LADEN, et al.,
7 Defendants.
8 ------------------------------x
9
New York, N.Y.
10 April 3, 2001
9:45 a.m.
11
12
13 Before:
14 HON. LEONARD B. SAND,
15 District Judge
16
17
18
19
20
21
22
23
24
25
3687
1 APPEARANCES
2 MARY JO WHITE
United States Attorney for the
3 Southern District of New York
BY: PATRICK FITZGERALD
4 KENNETH KARAS
PAUL BUTLER
5 Assistant United States Attorneys
6
SAM A. SCHMIDT
7 JOSHUA DRATEL
KRISTIAN K. LARSEN
8 Attorneys for defendant Wadih El Hage
9 ANTHONY L. RICCO
EDWARD D. WILFORD
10 CARL J. HERMAN
SANDRA A. BABCOCK
11 Attorneys for defendant Mohamed Sadeek Odeh
12 FREDRICK H. COHN
DAVID P. BAUGH
13 Attorneys for defendant Mohamed Rashed Daoud Al-'Owhali
14 JEREMY SCHNEIDER
DAVID STERN
15 DAVID RUHNKE
Attorneys for defendant Khalfan Khamis Mohamed
16
17
18
19
20
21
22
23
24
25
3688
1 (Trial resumes)
2 THE COURT: We will take up at 2:00 the issues raised
3 in Mr. Ruhnke's letter of April 2nd concerning the SAMs and
4 telephone calls. We will be in attendance at that time.
5 I understand that Agent Whitworth is not available
6 this morning. We will do something else this morning.
7 MR. KARAS: Yes, your Honor. We're going to start
8 off with two of the translators and then read some documents
9 after they finish testifying.
10 THE COURT: All right. I will explain that to the
11 jury. You expect him available this afternoon?
12 MR. KARAS: After lunch is our understanding.
13 MR. FITZGERALD: Yes, your Honor.
14 THE COURT: Very well.
15 Anything else? All right. So the next event
16 requires a witness or not a witness?
17 MR. KARAS: Yes, Judge, a witness.
18 THE COURT: And who is available?
19 MR. KARAS: A witness who is here, yes.
20 THE COURT: All right. Let me see if the jury is
21 available.
22 MR. KARAS: Judge, for the record, I had written the
23 Court a letter about Mr. Saleh and Mr. Vaugh, the next two
24 witnesses, about sketching. I don't think it's an issue.
25 (Brief recess)
3689
1 (Jury present)
2 THE COURT: Good morning.
3 THE JURY: Good morning.
4 THE COURT: When we adjourned yesterday, we were in
5 the midst of the direct examination of Agent Mark Whitworth.
6 He is unavailable this morning, but will be available this
7 afternoon, so we're interrupting his testimony and going on to
8 other matters.
9 The government may call its next witness.
10 MR. KARAS: Your Honor, the government calls Malek
11 Saleh.
12 MALEK SALEH,
13 called as a witness by the government,
14 having been duly sworn, testified as follows:
15 DEPUTY CLERK: Please state your full name.
16 THE WITNESS: Malek Saleh.
17 DEPUTY CLERK: Please spell your full name.
18 THE WITNESS: M-A-L-E-K S-A-L-E-H.
19 DEPUTY CLERK: S-A?
20 THE WITNESS: L-E-H.
21 DIRECT EXAMINATION
22 BY MR. KARAS:
23 Q Good morning, sir.
24 A Good morning.
25 Q Can you tell us in what part of the world you were born?
3690
1 A In the Middle East, Arab country.
2 Q If I could just ask that you speak into the microphone and
3 speak loudly and clearly.
4 I'm sorry, if you can say again where you were born.
5 A I was born in an Arab country in the Middle East.
6 Q For how long did you live in that Arab country in the
7 Middle East?
8 A 26 years.
9 Q Can you tell us a little bit about your education in the
10 country in the Middle East where you were born?
11 A I finished K through 12.
12 Q And what language did you study K through 12?
13 A Mostly Arabic.
14 Q Did you take any English classes in K through 12?
15 A Just a little bit.
16 Q Did there come a time that you came to the United States?
17 A Excuse me?
18 Q Did there come a time that you came to the United States?
19 A I came about 22, 23 years ago.
20 Q And when you came to the United States did you receive any
21 additional education?
22 A Yes. I took few month of ESL, English as Second Language,
23 and finished my bachelor degree and my master degree and some
24 postgraduate studies.
25 Q And your bachelor's, master's and postgraduate degree
3691
1 studies, what language was that in?
2 A English.
3 Q Can you tell us a little bit about your employment
4 background?
5 A I was a tutor, translator, lecturer, assistant professor,
6 teacher, and now I am a language specialist.
7 Q If we could go back a little bit to what kind of lecturer,
8 what kinds of lecturing did you do?
9 A I did lecturing overseas in Saudi Arabia in allied medical
10 sciences, epidemiology, health and human behavior.
11 Q What language were these lectures?
12 A It was supposed to be in English.
13 Q But it was in?
14 A Mostly turned into Arabic.
15 Q And what other types of teaching have you done?
16 A I taught epidemiology, health and human behavior in
17 American college, high school teaching, and one year of
18 teaching Arabic as well as, as need arises, Arabic instructor
19 at Berlitz.
20 Q And what kind of program is Berlitz?
21 A Usually it's intensive courses in Arabic and other
22 languages. I did Arabic.
23 Q And you mentioned that you were a language specialist.
24 For whom do you work as a language specialist?
25 A The Federal Bureau of Investigation.
3692
1 Q Approximately when did you start working as a language
2 specialist for the FBI?
3 A About two and a half years ago.
4 Q Can you tell us what you do as a language specialist?
5 A Mostly translation, documents, books, magazine articles,
6 whatever I am asked to do.
7 Q When you translate, what language do you translate
8 typically from and to?
9 A Typically from Arabic to English.
10 Q And do you do English to Arabic at all?
11 A I did, but not that much.
12 Q What types of documents have you done Arabic to English
13 translations for the FBI?
14 A Different kinds. I would say newspaper, magazine
15 articles, political, economic, business, military, theology.
16 MR. KARAS: Your Honor, may I approach the witness?
17 THE COURT: Yes.
18 Q For the record, sir, I have placed before you what have
19 been marked for identification as Exhibits 1500-T, 1501-T,
20 1537-T, 1542-T, 1554-T, 1555-T, 1556-T, 1557B-T, 1557C-T,
21 1557D-T, 1557E-T, 1559-T, 1576B-T, 1579A-T, 1579B-T, 1579C-T,
22 1580A through C-T, 1600A-T, 1602-T, 1605-T, 1606-T, 1610-T,
23 1611-T, 1612-T, 1622-T, 1626A through C-T, and 1626D-T,
24 1627-T, 1628A-T, 1629-T, 1631 through 1634-T, 1635A and B-T,
25 1636-T, and 1638-T.
3693
1 Now, sir, did you have an opportunity to review those
2 documents before you came to court today?
3 A Not today. Yesterday.
4 Q Before today?
5 A Before today, yes, I did.
6 Q And can you tell us generally what those documents are?
7 A Some are communiques, some are telephone books, some are
8 letters.
9 Q Can you tell us whether or not those are English
10 translations that you reviewed or prepared?
11 A Yes, they are English translations.
12 Q And the translations that I just listed for you, can you
13 tell us whether or not they were fair and accurate
14 translations of Arabic documents that you compared them
15 against?
16 A To the best of my knowledge and ability, yes.
17 Q And was there a way that you signified that on each of
18 those documents I just listed?
19 A Yes, I initialized them and dated them.
20 MR. KARAS: Your Honor, at this time, I offer the
21 list of exhibits I read earlier.
22 MR. SCHMIDT: May I briefly have a voir dire?
23 THE COURT: Very well.
24 VOIR DIRE EXAMINATION
25 BY MR. SCHMIDT:
3694
1 Q Could you tell us which documents you reviewed and which
2 documents you translated?
3 A It has been a long time since I did them, but I reviewed
4 all of them.
5 Q Did you do the original translations as well?
6 A Some of them, yes.
7 Q Do you know which ones you did the original translations
8 of?
9 A Right now, no, I cannot.
10 Q Do you know approximately how many you did the original
11 translation of?
12 A I did most of them, most of the original translations.
13 Q Did you, when you -- withdrawn. Did you review them
14 recently before testifying?
15 A Yes, I did.
16 Q Did you make any changes in your review?
17 A Some of the -- some of them, yes.
18 MR. SCHMIDT: I have no objection at this time. I
19 will reserve the rest of my questioning for cross-examination.
20 Thank you, your Honor.
21 THE COURT: The documents stated beginning with 1500T
22 through 1638 as stated by the assistant U.S. attorney are
23 received in evidence.
24 (Government Exhibits 1500-T, 1501-T, 1537-T, 1542-T,
25 1554-T, 1555-T, 1556-T, 1557B-T, 1557C-T, 1557D-T, 1557E-T,
3695
1 1559-T, 1576B-T, 1579A-T, 1579B-T, 1579C-T, 1580A through C-T,
2 1600A-T, 1602-T, 1605-T, 1606-T, 1610-T, 1611-T, 1612-T,
3 1622-T, 1626A through C-T, and 1626D-T, 1627-T, 1628A-T,
4 1629-T, 1631 through 1634-T, 1635A and B-T, 1636-T, and 1638-T
5 received in evidence.)
6 MR. KARAS: Thank you, your Honor.
7 DIRECT EXAMINATION (Continued)
8 BY MR. KARAS:
9 Q Sir, if you could turn to the translation marked 1557-T.
10 Do you have 1557C-T?
11 A 1557B-T. Yes, I have it, 1557-C.
12 Q 1557C-T?
13 A Uh-huh.
14 Q And if you could also pull 1580A-T.
15 A 1588?
16 Q 1580A-T.
17 A 1580B-T.
18 Q 1580A, as in apple, but you can keep B out because I will
19 ask you about that one next.
20 A Okay. Just a second. I got it, 1580A.
21 Q Okay, if can you tell us by looking at 1557C-T and 1580A-T
22 whether or not they are copies of the same document or if they
23 are identically worded?
24 A Yes, sir, they are.
25 Q If you could do the same comparison for us between 1557E,
3696
1 as in Edward, and 1580C, as in Charlie.
2 A 1557E, as in Edward, and the second one?
3 Q 1580C.
4 A 1580C.
5 Q And if you could also tell us whether or not those are
6 identically worded.
7 A Yes, sir, they are.
8 Q And finally, if you could compare 1557D, as in Dianne, and
9 1580B, as in boy, which I think you already have out.
10 MR. SCHMIDT: What was the other letter?
11 MR. KARAS: 1580B is the second one.
12 A The first one, 1557D, as --
13 Q As in Dianne, yes.
14 A D, as in Dianne. And the second one?
15 Q I think you have out already, 1580B, as in boy. It's
16 right in front of you on your left.
17 A 1580B, as in boy. Okay, I have them.
18 Sir, I have them.
19 Q Can you tell us whether or not they are identically
20 worded?
21 A Okay.
22 Yes, sir, they are the same. They are identical.
23 Q Sir, next I'm going to approach you with what have been
24 marked for identification as 300B-T, 245-T, 362-T, 906-T,
25 911-T, 908-T, 910-T, and 246-T.
3697
1 Sir, did you have a chance to review those exhibits
2 before you came to court?
3 A Yes, sir.
4 Q And generally speaking, what are they?
5 A They are English translations of documents from Arabic.
6 Q Did you either prepare or review those translations?
7 A Yes, I did.
8 Q Can you tell us whether or not they are fair and accurate
9 English translations of the Arabic documents you compared them
10 to?
11 A To the best of my knowledge and ability, yes.
12 Q And how did you so signify on each of those documents?
13 A I initialized and dated them.
14 MR. KARAS: Your Honor, at this time we offer the
15 exhibits just listed.
16 THE COURT: 300B, 245, 362, 906, 911, 908, 910 and
17 246 received, all T.
18 (Government Exhibits 300B-T, 245-T, 362-T, 906-T,
19 911-T, 908-T, 910-T, and 246-T received in evidence.)
20 MR. KARAS: Thank you, your Honor.
21 Q Mr. Saleh, are you familiar with the Arabic word "dabit"?
22 A Yes, sir, I am.
23 Q And what does that word mean in English?
24 A It means an officer.
25 Q Okay. And if we could display what is in evidence as --
3698
1 on the screen -- Government Exhibit 617, page 4.
2 Sir, do you see where there is a name there at the
3 end of that document?
4 A Yes, sir, I do.
5 Q What is the name that's signed at the end of that
6 document?
7 A Noor al-Din al Bahhar.
8 Q If you could just speak into the microphone, sir.
9 A Noor al-Din al Bahhar.
10 Q Noor, N-O-O-R?
11 A Or N-O-U-R.
12 Q Al-Din, A-L-D-I-N?
13 A Or E-D-D-E-E-N.
14 Q Okay. And the last word, if you could spell it, please?
15 A A-L-B-A-H-H-A-R.
16 Q Al Bahhar?
17 A Al Bahhar.
18 Q Can you tell us what "al Bahhar" means in English?
19 A "Al Bahhar" by itself means "the sailor."
20 Q Okay. And if we could display on the Elmo page 3 of
21 Government Exhibit 369.
22 Sir, if you could look to the screen. Do you see the
23 number written in blue 181-931-8206?
24 A Yes, I do.
25 Q Is there an Arabic word right above that?
3699
1 A Yes, there is.
2 Q Can you tell us what word that is in English?
3 A It is Anas.
4 Q If you could spell that, please?
5 A Could be spelled A-n-a-s.
6 MR. KARAS: Thank you. I have no further questions.
7 THE COURT: Any questions of this witness?
8 MR. SCHMIDT: Yes.
9 THE COURT: Cross-examination by Mr. Schmidt on
10 behalf of defendant El Hage.
11 CROSS-EXAMINATION
12 BY MR. SCHMIDT:
13 Q Did you review Government Exhibit 369 prior to testifying
14 here today? That's the telephone notebook that you last
15 testified to.
16 A Yes, I did.
17 Q Did you review that at any time before that?
18 A Yes, I did.
19 Q When was the first time that you reviewed that book?
20 A I am not sure.
21 Q Do you know what year that you reviewed that book?
22 A This year.
23 Q Could you write for us the name Anas on a piece of paper?
24 MR. SCHMIDT: May I approach the witness, your Honor?
25 THE COURT: Yes.
3700
1 A How many times?
2 Q Why don't you just do it two times.
3 A (Witness complies.)
4 THE COURT: You want it written in English?
5 Q No, no, if you could write it in Arabic.
6 Now, could you skip a couple of lines and write the
7 name Alice in Arabic.
8 A (Witness complies.)
9 Q And could you is skip a couple of lines and write the name
10 Allen in Arabic.
11 A (Witness complies.)
12 THE COURT: How are you spelling Allen?
13 MR. SCHMIDT: Excuse me?
14 THE COURT: How are you spelling Allen?
15 MR. SCHMIDT: I believe it's phonetic.
16 THE COURT: All right.
17 Q When you write a word that I ask you to write, especially
18 a name, from English to Arabic, do you write it phonetically?
19 A Yes.
20 Q And would it be accurate to say that when you are
21 translating from Arabic to English, the spelling of the word
22 in English can vary, depending on the individual translator?
23 A From English to Arabic?
24 Q From Arabic to English.
25 A Yes, sir.
3701
1 Q Sometimes, for example, the Q sound is also written with a
2 K?
3 A Yes, sir.
4 Q So when you are writing Allen, you are writing it
5 phonetically into Arabic; is that correct?
6 A Yes.
7 THE COURT: We'll mark that C for identification, Mr.
8 Schmidt?
9 MR. SCHMIDT: Yes. What number are we up to?
10 W-H-X-H.
11 Q Actually, would you write one more name on the bottom. If
12 you could write Alice?
13 A I wrote Alice.
14 Q I mean Annie. I'm sorry.
15 THE COURT: Annie?
16 A (Witness complies.)
17 THE COURT: So that sheet contains Anas written twice
18 and then Alice, Allen and Annie, is that what you have
19 written?
20 MR. SCHMIDT: Yes.
21 THE WITNESS: Yes, sir.
22 Q I see you have --
23 THE COURT: Is the English there, also?
24 MR. SCHMIDT: There is no English on there now. Why
25 don't we have the witness write down the English.
3702
1 THE COURT: What is the exhibit number?
2 MR. SCHMIDT: H.
3 THE COURT: H, for identification.
4 A How do you want me to spell Alice, like the Wonderland?
5 Q Spell it the way that you believe it should be spelled.
6 When you first reviewed this notebook and that name,
7 did you find it difficult to decipher the actual name?
8 A No, not really, although it's not a very common name, but
9 it was very obvious.
10 Q I note that the -- you drew Anas with a fairly straight
11 line across; is that right?
12 A That's one way to write it.
13 Q And you wrote Allen with a line going up.
14 Could we put this on the --
15 MR. SCHMIDT: Offer this into evidence, your Honor.
16 MR. KARAS: No objection.
17 THE COURT: WEH H received.
18 (Defendant's Exhibit WEH H received in evidence.)
19 MR. SCHMIDT: Can we put this on the Elmo, please?
20 Q Now, you drew Anas with a straight line across; is that
21 right?
22 A The first --
23 Q Yes.
24 A Yes.
25 Q And Allen, sort of coming up?
3703
1 A Yes.
2 Q Now, in the book the word that you translated "Anas" isn't
3 a straight line across, is it? Do you recall?
4 A Could you please repeat that?
5 Q The word "Anas" isn't written with a straight line across
6 the top, it's written with a line going up?
7 A Yes.
8 Q Why don't we put that on the screen also.
9 Prior to the second time that you reviewed this book,
10 were you asked whether that name was Anas, A-N-A-S?
11 A Well, first, I wrote it Anas, and then I was asked if it
12 is really Anas, and I agreed.
13 Q When was it when you first wrote that it was Anas?
14 A First time?
15 Q Yes.
16 A I think about last month. I'm not sure.
17 Q Did you review the whole book when you were reviewing it
18 last month?
19 A No, not the whole book. I have copies, xerox copies,
20 photocopies.
21 Q Did you review the whole Xerox copies?
22 A I'm not sure if I -- I did not review the book itself.
23 Q How many names did you review?
24 A I'm not sure. I can't answer you.
25 Q Is it couple of names, hundreds of names, or somewhere in
3704
1 between?
2 A I reviewed a lot of phone books and some of them were
3 extensive and some of them were ten, fifteen, some were more.
4 Q In this book how many did you review?
5 A I did not have this book itself.
6 Q You had pieces of paper, individual --
7 A Pieces of paper, yes.
8 Q Were they combined as if in one book, some of them?
9 A Yes, I would say.
10 Q Were you specifically asked to translate that one, that
11 name?
12 A I was asked to double-check that name.
13 MR. SCHMIDT: I have no further questions with this
14 witness.
15 THE COURT: Any redirect?
16 MR. COHN: I have a few questions, your Honor.
17 THE COURT: Mr. Cohn on behalf of the defendant
18 Al-'Owhali.
19 MR. COHN: Thank you, your Honor.
20 CROSS-EXAMINATION
21 BY MR. COHN:
22 Q Sir, when you do a translation from a document, you have
23 the luxury, do you not, of being precise, because if there are
24 words you're not sure of, you can use a dictionary; is that
25 fair?
3705
1 A Yes.
2 Q And so would you agree with me that a translation from a
3 written source is different than doing translation orally as a
4 conversation takes place?
5 A I would assume so.
6 Q And in Arabic is it not true that there are a number of
7 different dialects or differences in speaking due to the
8 region which the speaker may come from?
9 A Right you are.
10 Q And in fact, somebody even goes down, if you know, from a
11 place like Lebanon, where the Christian community lives in a
12 different section than the Arabic community, there's sometimes
13 differences in nuance and idiom; is that right?
14 A I would say, well, Christian and Arabs, they are all
15 Arabs, but, yes, the region, there are regional differences.
16 Q So if somebody from Lebanon was translating from somebody,
17 say, from Saudi Arabia, there might be differences in nuance
18 that there might be small mistakes made during a simultaneous
19 translation, is that not fair?
20 A I would assume so.
21 MR. COHN: Thank you. I have nothing further.
22 THE COURT: Anything further?
23 MR. KARAS: No, your honor.
24 THE COURT: Thank you. You may step down.
25 THE WITNESS: Thank you.
3706
1 (Witness excused)
2 MR. KARAS: Your Honor, the government calls Benjamin
3 Vaughn.
4 BENJAMIN V. VAUGHN,
5 called as a witness by the government,
6 having been duly sworn, testified as follows:
7 DEPUTY CLERK: Please state your full name name, sir.
8 THE WITNESS: Benjamin Vaughn, V-A-U-G-H-N.
9 DEPUTY CLERK: V-A-U?
10 THE WITNESS: G-H-N.
11 DEPUTY CLERK: Thank you.
12 DIRECT EXAMINATION
13 BY MR. KARAS:
14 Q Good morning, sir.
15 A Good morning.
16 Q Can you tell us in what part of the world you were born?
17 A In the Middle East.
18 Q And for how long did you live in the Middle East?
19 A About 18 years.
20 Q And can you tell us a little bit about your education in
21 the Middle East?
22 A Yes, I went to high school for 12 years there.
23 Q And what languages did you study in?
24 A Arabic, English.
25 Q And did there come a time that you came to the United
3707
1 States?
2 A Pardon?
3 Q Did there come a time you came to the United States?
4 A By the time I came here?
5 Q When did you come here?
6 A I'm sorry, 1985.
7 Q And how old were you when you came here?
8 A 18.
9 Q And can you tell us about what education you received
10 after you came to the United States?
11 A I studied junior college and then at university I have a
12 B.A. and then I went on for an M.A.
13 Q In what field, sir?
14 A International relations.
15 Q And in what language did you study international
16 relations?
17 A English, and I did my research in Arabic.
18 Q I'm sorry?
19 A And I did my research in Arabic.
20 Q And can you tell us a little bit about your employment
21 after you received your master's?
22 A I taught Arabic and Arabic cultures at one of the junior
23 colleges in the states, and then I went on to be employed by
24 the FBI since 1996.
25 Q What do you do for the FBI?
3708
1 A I'm a language specialist.
2 Q And you've been there since when? I'm sorry.
3 A 1996.
4 Q And what type of work have you done as a language
5 specialist for the FBI?
6 A We do all kind of translations from Arabic into English
7 and English into Arabic. Topics varies between business,
8 geography, politics, you name it.
9 Q Sir, I'm going to approach you with what have been
10 premarked for identification as Exhibits 1502-T, 1503-T,
11 1504-T, 1505-T, 1506-T, 1507-T, 1508-T, 1509-T, 1510-T,
12 1511-T, 1512-T, 1513-T, 1514-T, 1515-T, 1516-T, 1517-T,
13 1518-T, 1519-T, 1520-T, 1522-T, 1523-T, 1524-T, 1525-T,
14 1526-T, 1527-T, 1528-T, 1529-T, 1530-T, 1532-T, 1533-T,
15 1534-T, 1540-T and 1558-T.
16 Sir, generally speaking, did you have a chance to
17 review -- if you want to take a look there.
18 A Yes, I have.
19 Q Before you came to court today, did you have a chance to
20 review those documents?
21 A Yes, I did.
22 Q Can you tell us generally what they are?
23 A They are actually Arabic documents, some are typed, some
24 are handwritten. I did the translation and then I reviewed
25 them twice.
3709
1 Q And can you tell us whether or not the translations that
2 you did are fair and accurate translations of the Arabic
3 originals?
4 A Yes, they are.
5 Q And how is it that you signified that they are accurate?
6 A I went through the Arabic a few times and then translated
7 them, and I reviewed them more than once, actually.
8 Q And when you finished reviewing the translations, did you
9 do anything to the translations themselves, the documents?
10 A I changed a few things, yes. I went back to make them
11 look better.
12 Q When you were done, did you have a chance to review the
13 translations one last time?
14 A Yes, I did.
15 Q Did you do anything to the translations? Did you initial
16 and date them?
17 A Yes, I initial and dated them, yes.
18 MR. KARAS: Your Honor, we offer the exhibits I
19 listed earlier.
20 THE COURT: 1502 through 1520, 1522 through 30, 1533,
21 34, 40 and 58, all with the suffix T, received.
22 (Government Exhibits 1502-T, 1503-T, 1504-T, 1505-T,
23 1506-T, 1507-T, 1508-T, 1509-T, 1510-T, 1511-T, 1512-T,
24 1513-T, 1514-T, 1515-T, 1516-T, 1517-T, 1518-T, 1519-T,
25 1520-T, 1522-T, 1523-T, 1524-T, 1525-T, 1526-T, 1527-T,
3710
1 1528-T, 1529-T, 1530-T, 1532-T, 1533-T, 1534-T, 1540-T and
2 1558-T received in evidence.)
3 MR. KARAS: No further questions.
4 THE COURT: Anything of this witness?
5 Thank you, sir. You may step down.
6 THE WITNESS: Thank you.
7 (Witness excused)
8 MR. KARAS: Your Honor, at this time we would like to
9 display some of the exhibits, and we will start, if we could,
10 with Government Exhibit 1626A, which is one of the documents
11 downloaded from the computer disk found in 94 Dewsbury, Khalid
12 al Fawwaz's residence, and if we could display 1626A-T.
13 And if we could focus on the first three entries,
14 Khalid, the message, and ARC, on the full screen. The first
15 row, Khalid, the second reads the message, and across under
16 the column marked Cr. Date, 31/7/96, 11:31 a.m.
17 The next row across 184 reads under the column Cr.
18 Date, 31/8/96, 10:31 a.m. The next, K5, the next row reading
19 across under Cr. Date, 1/9/96, 8 p.m.
20 And if we could display 1626B, and then if we could
21 display 1626B-T, and reading just the title, "Declaration of
22 Holy War against the Americans Who are Occupying the Land of
23 the Two Holy Places. Expel the polytheist out of the Arabian
24 Peninsula. A message from Usama Bin Muhammed Bin Landen. The
25 to the Muslim brethren worldwide and specially in the Arabian
3711
1 Peninsula."
2 And if we could display 1626C, and then if we could
3 display 1626C-T. And reading the title, "Declaration of Holy
4 War Against the Americans who Are Occupying the Land of the
5 Two Holy Places."
6 Below, the next line, "A message from Usama Bin
7 Muhammed Bin Laden to his Muslim brethren worldwide and
8 specially in the Arabian Peninsula."
9 For the record, 1626B and C are two of the documents
10 found on the disk located in 94 Dewsbury.
11 Next if we could display 1600A, the first page, and
12 if we could display 1600A-T, the first page.
13 (Government Exhibit 1600A-T read)
14 MR. KARAS: And if we could display Government's
15 Exhibit 1628A, one of the documents found in 94 Dewsbury, and
16 if we could display 1628A-T, I believe it is. Reading again
17 the title, "Declaration of Holy War Against the Americans Who
18 are Occupying the Land of the Two Holy Places." A couple
19 lines below, "A message from Usama Bin Muhammed Bin Laden to
20 his Muslim brethren worldwide and specially in the Arabian
21 Peninsula."
22 Next, if we could display Exhibit 1633, and next if
23 we could display 1626D, which is one of the documents found on
24 the disk marked as 1626. And if we could display 1626D-T, the
25 first page.
3712
1 (Government Exhibit 1626D-T read.)
2 MR. KARAS: And if we could go to page 8 of 1626-T,
3 and if we could focus on the paragraph beginning with,
4 "Second, on the administrative issues," and go all the way
5 down.
6 (Continued on next page)
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
3713
1 MR. KARAS: (Continuing) "Second, on the
2 administrative issues, in order to solve the problem of
3 communication, it is indispensable to buy the satellite phone.
4 In order to deliver the statements and perhaps the magazine in
5 the future, it is necessary to unify the computer units and
6 its entire equipment in terms of systems, programs, and lines,
7 etc. In order to solve my psychological problems, the
8 following is inevitable: 1. One authorized party should be
9 put in charge of the orders, instructions and requests. 2.
10 To immediately stop involving me in work situations which
11 cause security or legal problems. 3. The administrative unit
12 at the main office should be completely independent and
13 separate. 4. A yearly budget with reserved funds should be
14 put at the disposition of the main office. 5. A review in
15 the current mechanism of taking decisions pertaining to the
16 affairs of the committee."
17 Next, if we could display on the left side of the
18 screen 221A-T. This is one of the calls, the wiretap in Kenya
19 involving the line 820067, and if we could go to the last
20 page. Sorry, I will read, if we can put up on the full
21 screen --
22 MR. SCHMIDT: Your Honor, I have an objection. May
23 we approach?
24 THE COURT: Yes.
25 (In the corridor)
3714
1 MR. SCHMIDT: Your Honor, this document or transcript
2 and exhibit has already been placed in evidence and has
3 already been published to the jury. Republishing it is in the
4 nature of testifying, so I would object for them to republish
5 it.
6 MR. KARAS: Your Honor, I don't think it has been
7 read.
8 MR. FITZGERALD: It was in the list of transcripts to
9 be read. We were going to read it now for the first time.
10 THE COURT: There is no question that in the more
11 traditional fashion, as each of these documents would come in
12 there would be a witness on the stand who would identify the
13 document, indicate the source, would tie it in and so on, and
14 that this is an expedited way of doing it. Whether it is the
15 most effective or not is not for me to say but it is certainly
16 permissible. Overruled.
17 (In open court)
18 MR. KARAS: On top, the date September 18, 1997, time
19 12:19, line 820067. Participants UM, unknown male, April El
20 Hage. Then into the call, incoming call, conversation in
21 Arabic between April and UM, unidentified male.
22 (Government Exhibit 221A-T read to the jury)
23 MR. KARAS: If we could keep that second page on the
24 left side of the screen, and focus on the lower half. On the
25 right side of the screen if we could display Exhibit 1629-T,
3715
1 the 32nd page, and focus on the top entry. This is from one
2 of the books found at 94 Dewsbury Road, in Khalid al Fawwaz's
3 apartment. Reading from the parentheses. Dr. Mohamed Atef,
4 tel. call-in 088505331, fax call-in 682505332. If we could
5 display on the right side of the screen the first page of
6 Government's Exhibit 4 -- the third page of Government's
7 Exhibit 4.
8 Next if we could display on the right side of the
9 screen Government's Exhibit 1631-T13A, and if we could focus
10 at the bottom entry there, this is from a different address
11 book found at 94 Dewsbury, Khalid al Fawwaz's residence.
12 Reading from the record, unintelligible, Mohamed Atef, care of
13 T/O unintelligible 1495 Karachi fax call-in 009281 tel.
14 call-in 0092216621504.
15 If we could go to 1631-T13B, the next page, and the
16 top entry. Direct 24 hours, 8376550655. Tel. call-in 877460.
17 Fax - Nadin: 001221 42591463. Mobile: 321, 7266846. 391,
18 351, 342, Abu al Jareit.
19 If on the left side of the screen if we could display
20 Government's Exhibit 1501A, first page. If we could just
21 focus on the first five or six entries. On the right side of
22 the screen, if we could display the first page of Government's
23 Exhibit 4 and on the left side, for the record, the fifth
24 entry, Abo Abdulla, triple at sign, 0008736820505331, below
25 that fax and across, number 2.
3716
1 Next if we could display on the full screen
2 Government's Exhibit 1605, one of the documents found at 94
3 Dewsbury. At the top A.R.C., Advice and Reformation
4 Committee, London office.
5 (Government's Exhibit 1605 read to the jury)
6 MR. KARAS: If we could redisplay on the left side of
7 the screen 1606 and on the right side of the screen 1600A-13,
8 one of the documents found at 94 Dewsbury -- actually, if we
9 could display the second page of 1600A. If we could display
10 the second page of 1600A-T. OK, the next page. Reading in
11 the bold the title "Declaration of holy war against the
12 Americans who are occupying the land of the two holy places."
13 Below, skipping a line, "A message from Usama Bin Muhammad Bin
14 Laden to his Muslim breathren worldwide and especially the
15 Arabian peninsula."
16 If we could go to the last page of 1600A, not the
17 translation, and if you could highlight the signature lines.
18 Next if we could display on the screen 1636, another
19 document found at 94 Dewsbury. If we could display 1636-T,
20 the translation.
21 (Government Exhibit 1636-T read to the jury)
22 MR. KARAS: Next, if we could display 1602, one of
23 the documents found at 94 Dewsbury. If we could display the
24 translation 1602-T.
25 (Government's Exhibit 1602-T read to the jury)
3717
1 MR. KARAS: Next, if we could display on the left
2 side of the screen 1065A. If we could focus on the "Things to
3 do" sheet. This was one of the items found in Capetown, South
4 Africa, in Khalfan Mohamed's residence. On the right if we
5 could display 1631-TB, one of the books found in Khalfn
6 Mohamed's residence. If we could focus on the third entry.
7 On the left under "Things to do," 2190366789. On the right,
8 Abdel Rahman Ben Mohamed Ali Yaffi, POB 5425, the Yemenite
9 Republic, tel. 9671219036.
10 Next if we could see display Exhibit 1627, document
11 found at 94 Dewsbury. If we could display the translation
12 1627-T. Reading from the top, Wadih's address, P.O. Box
13 72239, Nairobi, Kenya. Next, Ahmad's address, P.O. Box 44445,
14 Nairobi, Kenya. Below that address in America for one of the
15 Islamic centers, Mr. M. Al-Halak, 138 Kings Row, Arlington TX
16 76010, USA.
17 Next if we could display 1631-17B, translation in the
18 address book, 94 Dewsbury. If we could focus on the entry
19 fourth from the bottom. (Unintelligible) America. Hammana,
20 tel. 520682702-7473413 (Unintelligible) 002542820067.
21 Next if we could display 1635A, another document
22 found at 94 Dewsbury, and have 1635B. If we could display the
23 translation 1635A-T.
24 (Government's Exhibit 1635-T read to the jury)
25 THE COURT: We will take our mid-morning break.
3718
1 (Jury excused)
2 THE COURT: Next order of business?
3 MR. KARAS: Your Honor, we are going to do a little
4 bit more of the Dewsbury and then call Mitch Hollars.
5 (Recess)
6 (Jury present)
7 THE COURT: The government may continue.
8 MR. KARAS: Thank you, your Honor. If we could
9 display 1635B-T. This is a translation of one of the
10 documents found at 94 Dewsbury.
11 (Government's Exhibit 1635B-T read to the jury)
12 MR. KARAS: Your Honor, at this time and with the
13 consent of defense counsel, we offer Exhibit 1537, which for
14 the record is an additional document from the evidence bag
15 that was marked as 1502-ID, which were documents taken from 38
16 Waldo Road, the residence of Ibrahim Eidarous, as well as
17 Government's Exhibit 1610, which was pulled from Government's
18 Exhibit 1622-ID, which was not marked in evidence, and 1611,
19 which was also pulled from 1622-ID, and finally 1612, which
20 was pulled from 1633-ID. The last three documents are from 94
21 Dewsbury Road. So, your Honor, we are offering 1537, 1610,
22 1611 and 1612.
23 THE COURT: Received.
24 (Government's Exhibits 1537 and 1610-1612 received in
25 evidence)
3719
1 MR. KARAS: If we could display 1537, which again for
2 the record is seized -- this document is seized from
3 Eidarous's vehicle. If we could display the translation,
4 1537-T.
5 (Government's Exhibit 1537-T read to the jury)
6 MR. KARAS: If we could display Exhibit 1612, which
7 is one of the documents taken from 94 Dewsbury. Why don't we
8 try 1612-T, which is the English translation. If we could
9 display 1611, which is the new exhibit and address book found
10 at 94 Dewsbury. And if we could try page 7 of that exhibit.
11 If we could display the translation, 1611-T-7, and focus on
12 the last two entries. Reading the last line, Wadih 071202219.
13 If we could display the first page of Exhibit 1583,
14 which are phone records, and focus on the middle, Mr. K. al
15 Fauwaz, 94 Dewsbury Road on the right, telephone number
16 01812084411, and if we could display the first page of 1581.
17 Mr. K. al Fauwaz, 94 Dewsbury Road, London, on the right,
18 telephone number 01812084422.
19 And finally the first page of Exhibit 1582, Mr. K. al
20 Fauwaz, 94 Dewsbury Road, London, telephone number on the
21 right 01812084433. And if we could display the printout of
22 the Casio found in the vehicle, 1501A, the first page. If we
23 could focus on about two thirds of the way down, Abo Omar,
24 1812084411, and below that 4422. Next to 4422 reads OF.
25 1612-T, a document found at 94 Dewsbury.
3720
1 (Government's Exhibit 1612-T read to the jury)
2 MR. KARAS: Next if we could display Exhibit 1550.
3 This is one of the leases. Reading at the top, this license
4 is made the 20th day of March 1997, between Lancefield
5 Studios, and then reading from the handwriting, and Adel Abd
6 al Majid of 63 Severn House, 17 Dowland Street, right above
7 street, AB seems crossed out, Delbary. London W10 4UB.
8 Below that, the International Office for the Defense
9 of the Egyptian People. A little further down in the document
10 to the license period. This license shall subsist from the
11 20th day of March 1997 until the 28th day of February 1998.
12 Right above that where it says premises. In respect
13 of the licensor's building and land at 1A Beethoven Street,
14 London W10 4LG, hereinafter property, the licensor grants to
15 the licensee the full license and permission to use studio
16 number 5.
17 If we could go to the last page of that document.
18 Next if we could display Exhibit 1552, and at the top
19 the date there listed is 20th day of February 1998, and the
20 handwritten name is Abdel Ali Majid, 63 Severn House, 17
21 Dowland Street. If we could go to the license period, 20th
22 day of Feb 1998 until the 31st day of Jan 1999. And in the
23 premises studio number 5.
24 Now if we could go to the last page. The licensee
25 English handwriting Adel Abdel Majid date 20-2-98.
3721
1 Next, 1553, if we could display the first page, if we
2 could go back up to the date. The date 3rd day of September
3 1997 and the handwritten name there Khaled Abdul Rahman al
4 Fauwaz, 94 Dewsbury Road. If we could focus on the premises
5 and the license period. Studio number 5, this license shall
6 subsist from the 20th day of March 1997 until the 20th day of
7 Feb 1998. If we could go to the last page and line, the top
8 half, witnessed by Adel Abdel Majid. Below signature address
9 of witness, 63 Severn House, 17 Dowland Street, London W10
10 4UB. And the name of the licensee Khaled al Fauwaz, date
11 4/9/97, witnessed by Adel Abdel el Majid.
12 Next if we could display Exhibit 1561, one of the
13 documents found at unit 5, 1A Beethoven Street, and if we
14 could rotate that and focus on the label. Mr. Khalid al
15 Fauwaz, 94 Dewsbury Road, London, NW10 1EP.
16 Your Honor, at this time the government recalls
17 Mitchell Hollars.
18 MITCHELL HOLLARS, recalled.
19 THE COURT: Mr. Hollars, the court reminds you you
20 are still under oath.
21 THE WITNESS: Yes.
22 DIRECT EXAMINATION
23 BY MR. KARAS:
24 Q Good afternoon, sir.
25 A Good afternoon.
3722
1 Q Are you still a fingerprint examiner with the FBI?
2 A Yes.
3 Q Did there come a time that you were asked to process
4 documents that you were told were from Mohamed Sadeek Odeh?
5 A Yes.
6 Q In processing those documents, did you follow the
7 suggested protocol that you described in earlier testimony?
8 A Yes.
9 Q Can you tell us whether or not you prepared notes and any
10 reports after you processed these items?
11 A Yes, I did.
12 MR. KARAS: Your Honor, may I approach the witness?
13 THE COURT: Yes.
14 Q Sir, I have placed before you what has been marked for
15 identification as Government's Exhibit 539. Can you tell us
16 what that is?
17 A That is a summary of my examination on two different
18 items.
19 Q Have you compared this summary with your notes and the
20 reports you prepared in connection with these particular
21 items?
22 A Yes.
23 Q Can you tell us whether or not the information that is
24 contained on the summary is accurate in comparison to your
25 notes and your reports?
3723
1 A It is.
2 MR. KARAS: Your Honor, at this time we offer Exhibit
3 539.
4 MR. WILFORD: No objection.
5 THE COURT: Received.
6 (Government's Exhibit 539 received in evidence)
7 MR. KARAS: If we could display 539. May I approach
8 the witness, your Honor?
9 THE COURT: Yes.
10 Q Sir, I have placed before you what are marked for
11 identification as Government's Exhibits Exhibits 536 and 537.
12 Starting with 536, can you tell us what that is?
13 A It is a book. It is entitled Teach Yourself Swahili.
14 Q Do you recognize that as a book that you processed for
15 latent fingerprints?
16 A Yes.
17 Q Looking at the chart that is marked as 539, can you tell
18 us what processes you used and which ones actually helped to
19 identify any latent fingerprints?
20 A I first used the visual examination. It was examined
21 under laser and alternate light source. I then processed it
22 with the DFO process and followed it up with the ninhydrin
23 process, and with the ninhydrin I was able to develop 28
24 fingerprints and 4 palm prints.
25 Q According to the chart, were you able to identify and
3724
1 process any latent fingerprints that you developed?
2 A 25.
3 Q Whose fingerprints were you able to identify?
4 A Mohamed Odeh.
5 Q And the other exhibit, 537, can you just tell us what that
6 is?
7 A It is a Humsafar magazine.
8 Q According to the chart, can you briefly tell us what
9 process you used to develop the prints on that exhibit.
10 A It was also examined visually with the laser and alternate
11 light source, and then it was processed with the super glue or
12 cyanoacrylate process, which was followed up with magnetic
13 powder, DFO, ninhydrin and RAM, which is a fluorescent dye
14 stain, and then re-examined with the laser again.
15 Q Earlier you testified about the protocol that you followed
16 with respect to porous items. Do you recall that testimony?
17 A Yes.
18 Q Normally would you use super glue on porous items such as
19 standard paper?
20 A No.
21 Q According to the chart here it appears you used super glue
22 with respect to the 537, the magazine. Can you tell us why
23 you did that?
24 A Yes. The magazine cover and several pages, most of the
25 pages, are treated, which gives them a glossy effect. When
3725
1 you have an item such as those, sometimes the prints are left
2 on the surface such as a nonporous item. Sometimes they are
3 absorbed in too. So we first have to target the item as if it
4 was a nonporous item. We target with the super glue, which
5 will protect the prints that are on the surface. Then we can
6 subsequently follow with processes that will target any
7 residue that has been absorbed into the paper itself.
8 (Continued on next page)
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
3726
1 Q Now, between the paper that was used or, rather, that
2 makes up the book as 536 and the paper that is 537, which is
3 more porous?
4 A Exhibit 536, the regular paper, print paper.
5 MR. KARAS: May I approach the witness, your Honor?
6 THE COURT: Yes.
7 Q Mr. Hollars, I have placed before you what is marked in
8 evidence as Government Exhibit 704. If you can just tell us
9 what that is for the record.
10 A It's a book that's entitled "Crown Bird Exercise Book."
11 Q Did you process that book for latent prints as well?
12 A Yes.
13 Q And can you tell us a little bit about the specific
14 protocol that you followed for that book?
15 A I followed the same protocol that I did on Exhibit 536,
16 the visual laser DFO and Ninhydrin, and then I subsequently
17 processed it with a physical developer processor, what is
18 known as PD.
19 Q Now, the Ninhydrin, it does what when you are examining
20 for prints?
21 A It reacts with amino acids that are present in the
22 fingerprint residue and will turn that residue, when the
23 reaction takes place, it turns those prints to a purple color.
24 Q And when you applied the Ninhydrin to 536, the book, did
25 the prints turn the purple color?
3727
1 A Yes.
2 Q And can you tell us what happened when you applied the
3 Ninhydrin to the book that is marked as 704?
4 A These pages all tended to turn blue, to a certain extent,
5 without any prints being visible.
6 Q And based on your experience, do you have an explanation
7 as to why that happened?
8 A No, just something to do with either the manufacturing of
9 the paper or an ingredient in the paper itself.
10 Q And what is it about the ingredient in the paper that
11 would cause the paper to turn blue when you applied the
12 Ninhydrin?
13 A I'm not sure.
14 Q Is there anything about the ingredients in the paper that
15 would affect its ability to be a porous surface?
16 A No.
17 Q And is there anything about the nature of the paper or the
18 concept of the paper that would affect whether or not latent
19 fingerprints would be left on that paper?
20 A I'm not sure really what happened. It's just that the
21 processes just did not work the way they normally work on
22 like, for instance, Exhibit 536.
23 Q Have you in your experience processed paper that is
24 similar to the paper that is in 704 in other cases?
25 A Only a couple times.
3728
1 Q And what happened in those other couple of times?
2 A Basically the same result.
3 MR. KARAS: Thank you. No further questions.
4 CROSS-EXAMINATION
5 BY MR. WILFORD:
6 Q Good afternoon, Agent Hollars. How are you?
7 A I'm fine, thanks.
8 Q Now, Agent, when you were examining these documents, these
9 three items, which ones did you examine first?
10 A Exhibit 536 and 537 were examined first.
11 Q When is it that you examined Exhibit 704?
12 A It was in April and May of 2000.
13 Q Sir, did you receive a special instruction to examine that
14 particular exhibit?
15 A No.
16 Q You had examined 536 and 537 when?
17 A That was done in October of '99.
18 Q So a full, what, eight months later, seven months later?
19 A About six months.
20 Q And almost two years after the bombing you examined, and
21 two years after the seizure of that particular document you
22 just decided to examine it?
23 A No, I didn't receive it until March of 2000.
24 Q So you didn't get 704 until March?
25 A The end of March, first of April, yes.
3729
1 Q Who sent it to you?
2 A It came from what is known as our explosives unit.
3 Q So it had already gone through some type of examination at
4 the explosives unit; isn't that correct?
5 A Yes.
6 Q So you don't know whether or not the examination that
7 occurred at the explosives unit had any impact at all on the
8 paper that you then examined for fingerprints, do you?
9 A I don't know what kind of examination was done, no.
10 Q So you don't know whether or not that had an impact on it,
11 right, because you just don't know?
12 A I don't know.
13 Q Now, sir, when you were examining Exhibit 537, did you
14 have any indication as to where that particular item came
15 from?
16 A Somewhere in a communication it was indicated that they
17 were seized from a Mr. Odeh.
18 Q Well, sir, did you have any indication that they were
19 seized from his person?
20 A No, I think it just said "were seized from."
21 Q So you don't know whether or not it came from his home or
22 from his person or wherever?
23 A No.
24 Q Now, in an instance where you are taking -- or,
25 withdrawn -- conducting these tests for fingerprints, you are
3730
1 doing so because you expect to be able to recover a print;
2 isn't that correct?
3 A We never know. We do it in the event there's prints there
4 that we will develop them.
5 Q And you would expect that if a person was handling a
6 particular item, you would get a print off of it; isn't that
7 correct?
8 A No.
9 Q You wouldn't? You don't expect that?
10 A Not every time, no.
11 Q Not every time, but in this instance the "Teach Yourself
12 Swahili" book, you got 25 prints that matched Mohamed Odeh;
13 isn't that correct?
14 A That's correct.
15 Q That would indicate to you, sir, that Mr. Odeh definitely
16 handled that particular item?
17 A That's correct.
18 Q You got absolutely no prints from Mohamed Odeh off of
19 Exhibit 537; is that correct?
20 A That's correct.
21 Q That's the Humsafar magazine?
22 A That's correct.
23 Q You did, however, get a print off of that magazine from
24 someone named Fahad Mohamed Ali; is that correct?
25 A That's correct as well.
3731
1 Q Now, sir, did you -- were you able to obtain any prints
2 whatsoever from Exhibit 704, the "Crown Bird" exercise book?
3 A Yes.
4 Q So despite the fact that the test didn't work to an
5 optimum level, you were able to obtain a print?
6 A A print, yes.
7 Q And that print did not match Mohamed Odeh; isn't that
8 correct?
9 A That's correct.
10 MR. WILFORD: Nothing further.
11 THE COURT: Anything further?
12 MR. KARAS: One moment, your Honor.
13 (Pause)
14 MR. KARAS: Nothing further, your Honor. Thank you.
15 THE COURT: Thank you, Mr. Hollars. You may step
16 down.
17 MR. FITZGERALD: Your Honor, at this time we would
18 read some transcripts from the wiretap, and we will call up
19 Abigail Seda to read one of the voices and Mr. Francisco will
20 read the other. And we'll begin with Government Exhibit 207B.
21 If we could put that up on the screen, 207B, a conversation
22 recorded on December 16, 1996.
23 (Government Exhibit 207B-T read)
24 MR. FITZGERALD: Your Honor, at this time we would
25 play the conversation received in evidence as 214A and display
3732
1 the transcript 214A-T, and I believe there's a stipulation
2 with counsel that for this transcript and any other
3 transcript, when it refers to interruption by stamp machine or
4 time stamp, that is something on the recording equipment, not
5 something that was naturally happening in the conversation.
6 THE COURT: So stipulated.
7 (Government Exhibit 214A, the audiotape, is played)
8 MR. SCHMIDT: Your Honor, this tape is obviously
9 distorted and we should be able to at least fix it so it
10 sounds much better than this, because it's obviously --
11 THE COURT: Is this the best version one has of it?
12 MR. FITZGERALD: We can adjust it. We could start
13 with --
14 MR. SCHMIDT: I would like to hear the voices. It's
15 an English conversation. We could hear the voices if it's
16 just an adjustment.
17 MR. FITZGERALD: Without making remarks in front of
18 the jury, we can make adjustments, but I'm not going to
19 comment on whether we can hear voices.
20 THE COURT: Why don't you just have it read and --
21 MR. SCHMIDT: I object to reading an English
22 conversation that should be played.
23 MR. FITZGERALD: If we can adjust it, if there is an
24 adjustment we can make on the speed, that would help.
25 (Pause)
3733
1 MR. FITZGERALD: We'll try it from the beginning at a
2 different speed and tone.
3 (Government Exhibit 214A, the audiotape, is played)
4 MR. SCHMIDT: Your Honor, I still have the same
5 objection.
6 MR. FITZGERALD: Your Honor, I think the jury can
7 listen and decide for what it's worth.
8 THE COURT: Overruled.
9 MR. SCHMIDT: It is in English, your Honor. I think
10 the jury should be able to hear their voices. When they are
11 in Arabic, they won't understand it so that's why we read it.
12 THE COURT: If you have a better version you want to
13 play, play. Otherwise --
14 Is this the best version the government has?
15 MR. FITZGERALD: Yes. I'll ask Mr. Francisco, who
16 knows.
17 Yes.
18 THE COURT: Overruled.
19 (Government Exhibit 214A, the audiotape, is played)
20 MR. FITZGERALD: Your Honor, we would now read
21 Government Exhibit 215A-T, and the prior conversation had been
22 recorded on February 26, 1997. We will read a transcript
23 215A-T from March 22, 1997, and Ms. Seda and Mr. Francisco
24 will read the parts of the two participants.
25 (Government Exhibit 215A-T read)
3734
1 MR. FITZGERALD: The next conversation we would read
2 would be Government Exhibit 216A-T, recorded on April 4th,
3 1997, and the participants are Tawfik and Wadih El Hage, and
4 Ms. Seda and Mr. Francisco will read the parts.
5 (Government Exhibit 216A-T read)
6 MR. FITZGERALD: The next conversation we would read,
7 your Honor, is Government Exhibit 217A-T, and the participants
8 are again Wadih El Hage and Tawfik, a conversation recorded on
9 April 11, 1997.
10 (Government Exhibit 217A-T read)
11 MR. FITZGERALD: Your Honor, the last call in that
12 series is a 13-page transcript.
13 THE COURT: All right, we'll break for lunch now and
14 we'll resume at 2:15.
15 (Jury not present)
16 THE COURT: We're adjourned until 2:00. And also I
17 would like to know whether there are any objections to the
18 government's proposal in the April 3rd letter that was
19 hand-delivered to me.
20 We are adjourned until 2:00 for those who are
21 interested in the matter raised in Mr. Ruhnke's letter. 2:15
22 for the resumption of the trial.
23 (Luncheon recess)
24
25
3750
1 AFTERNOON SESSION
2 2:00 p.m.
3 (Pages 3735 through 3749 sealed)
4 (Recess)
5 (In open court)
6 THE COURT: Whitworth is here?
7 MR. FITZGERALD: Yes, he is in the witness room.
8 I think for scheduling reasons both witnesses have to
9 finish today, so we will bypass the reading. Mr. Brady will
10 bring the witness out.
11 MR. COHN: Your Honor, the government informs us that
12 they are seeking more time to give their chart of the various
13 counts. I am less than thrilled with that notion. It informs
14 our Rule 29 motion, so I thought I would alert you.
15 THE COURT: I haven't heard anything.
16 MR. FITZGERALD: Judge, I told him that I was going
17 to ask your Honor -- I didn't think it would be raised in this
18 format.
19 MR. COHN: I am sorry. I didn't think I was
20 snitching.
21 MR. FITZGERALD: We have been working through the
22 night. Can we file it Thursday, day after tomorrow?
23 THE COURT: How about by 5:00 tomorrow?
24 MR. FITZGERALD: I will be honest with you, Judge, we
25 will be up all night -- we have been.
3751
1 THE COURT: Noon on Thursday.
2 MR. SCHMIDT: There is a suggestion --
3 THE COURT: Now, listen. You have never been in a
4 case in which the court has required the government to prepare
5 such a document. You have never been in a case in which that
6 has occurred. You have never been in a case in which the
7 government each week gives you a list of the witnesses it is
8 going to call and what their substance will be. So please
9 don't push.
10 MR. SCHMIDT: I was just indicating a helpful
11 suggestion. I wasn't going to require them. I just had a
12 suggestion that may have assisted in the preparation of our
13 documents in response to that.
14 THE COURT: What is the suggestion?
15 MR. SCHMIDT: If there is a problem between dealing
16 with the conspiracy aspect of the case and the perjury aspects
17 of the case, that they can divide it up and provide the
18 information and be done with one aspect of the case and have
19 more time as to the other aspect of the case.
20 THE COURT: Would that help?
21 MR. FITZGERALD: Actually, we thought about that. It
22 won't because we have to check the transcript cites. If we
23 get done with one earlier, we will serve the piece of that.
24 MR. COHN: Can it be 5:00 instead of noon?
25 THE COURT: I think this discussion is concluded.
3752
1 (Jury present)
2 THE COURT: Good afternoon.
3 JURORS: Good afternoon.
4 MR. FITZGERALD: Your Honor, the government would
5 seek to resume the testimony of Special Agent Mark Whitworth.
6 MARK WHITWORTH, recalled.
7 THE COURT: The court reminds you are still under
8 oath.
9 BY MR. FITZGERALD:
10 Q Mr. Whitworth, we were talking yesterday about your review
11 of certain items on August 20, 1998. What I would like to do
12 is approach you with a number of exhibits, first, what has
13 been marked for identification as Government's Exhibit 535A,
14 535B, and 535C, all for identification at this time. Starting
15 with the one directly in front of you, the largest item, which
16 should be marked on the outside bag as Government's Exhibit
17 535A.
18 A Yes.
19 Q Take a look at the bag and the contents thereof, and then
20 remove the inner brown bag and the item inside. First I will
21 ask if you recognize the brown paper bag?
22 A Yes.
23 Q Can you tell us how you recognize it?
24 A I recognize it by my initials on the back.
25 Q Tell us what your process was on August 20, 1998, how the
3753
1 various items ended up in paper bags and who did the writing?
2 A For the most part I handled all the evidence on that day
3 and took all the items out of the bag and decided what we were
4 going to seize and what would go back in the bag. I asked my
5 assistant there, Agent McLaughlin, to label the bags for me
6 and she would pass them to me once the label had been placed
7 on it with the case number, the date, which item it was, and
8 what we were going to request from the FBI lab on the bag.
9 Then I would place the item in the bag and then initial it.
10 Q Do you know if Ms. McLaughlin also initialed the bag?
11 A Yes, she did.
12 Q Looking at 535 collectively, the pants and the brown paper
13 bag, do you recognize those items?
14 A Yes, sir.
15 Q What are they?
16 A They are a pair of black or rust-colored blue jeans that
17 were in the Nike bag.
18 Q Were they then packaged in the brown paper bag?
19 A Yes, sir, they were packaged in the brown paper bag.
20 Q And the instructions were placed in the outside of the
21 brown paper bag?
22 A Yes.
23 MR. FITZGERALD: Your Honor, we offer Government's
24 Exhibit 535A at this time.
25 THE COURT: Received.
3754
1 (Government's Exhibit 535A received in evidence)
2 (Continued on next page)
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
3755
1 Q If you could now look at the item 535B. Just make sure
2 it's the right item. I'm referring to the outside.
3 A Yes, sir.
4 Q And if you could examine the contents of that plastic
5 envelope and particularly the brown paper bag. Tell us
6 whether or not you recognize that item.
7 A Yes, I recognize the writing "check for residue" up at the
8 top of the bag. Unfortunately, there is evidence tape that is
9 covering a majority of the writing on that bag.
10 Q Have you reviewed the various brown paper bags prior to
11 coming to court in the last several days?
12 A Yes, sir.
13 Q And do the ones that contain your initials usually contain
14 the initials in a certain place?
15 A Usually around where the writing on the bag for the
16 instructions was located.
17 Q And where is that in relation to the evidence tape on that
18 bag?
19 A Unfortunately, in this case, it's under the evidence tape.
20 Q If you could look inside the bag and tell us if you
21 recognize what is contained within the bag.
22 A Yes, sir. It's a plaid cloth material that I think that
23 we originally called a sheet, but it's -- I think it's
24 actually a hoop-type garment of some sort.
25 Q And do you recall anything about that item when you saw
3756
1 it -- is that the item you saw on August 20th?
2 A Yes, sir.
3 Q And do you recall anything about that item that caught
4 your attention at the time?
5 A Most of the items that caught my attention, they caught
6 them either because of stains that were located on them, and
7 on this one there are some stains located on the sheet. I'll
8 find that.
9 Q Let me hold it up and see if --
10 A There are also some rips.
11 Along the hem or the bottom of this there are stains
12 that are on this, and there's some burn holes that are present
13 in the sheet, also, or the cloth.
14 Q I'll turn it over.
15 A And obviously it had been laundered, also, which would be
16 something that I'm looking for.
17 Q What were the instructions placed on the brown paper bag
18 for that item?
19 A Check for residue.
20 Q And is that item in that brown paper bag, does that appear
21 to be the item that you analyzed or looked at on August 20th,
22 1998?
23 A Yes, sir.
24 MR. FITZGERALD: Your Honor, I would offer Government
25 Exhibit 535B, as in boy.
3757
1 MR. HERMAN: No objection.
2 THE COURT: Received.
3 (Government Exhibit 535B received in evidence)
4 BY MR. FITZGERALD:
5 Q If you could next look at Government Exhibit 535C, and
6 look at that item in the brown bag and if you would also tell
7 us whether or not the evidence tape obscures the writing on
8 that bag.
9 A Yes, sir, the evidence tape does obscure the bag, the
10 writing on the bag, but you can still read "check for residue"
11 under it and Lourdes, her initials are present, as are mine on
12 it.
13 Q And at the time you did this procedure, was anyone keeping
14 a log?
15 A Yes, sir, Lourdes was keeping our log for us.
16 Q And would the log indicate which items were being checked
17 and being bagged?
18 A Yes, sir.
19 Q If you could look inside that brown bag within 535C and
20 tell us if you recognize the item contained therein.
21 A Yes, sir, it's Shell Gasoline or a company logo shirt from
22 Shell Gasoline.
23 Q And did you notice anything about that item at the time
24 that you inspected it?
25 A It's -- obviously this item's never been laundered. I
3758
1 mean, it's -- there's an odor to it, so it's fairly obvious
2 that the item had never been laundered when I pulled it out of
3 the bag.
4 Q What were the instructions placed on the brown paper bag
5 with regard to 535C?
6 A Check for residue.
7 Q Is that an item, one of the items you removed from the
8 Nike bag on August 20th, 1998?
9 A Yes, sir, it is.
10 MR. FITZGERALD: I would offer 535C.
11 THE COURT: Received.
12 (Government Exhibit 535C received in evidence.)
13 BY MR. FITZGERALD:
14 Q Let me approach you with 535D, as in David, 535E, as in
15 Edward, 535G as in George, and 535H, as in Harry.
16 If you could remove the exhibit from the outer bag
17 for 535D and look at the brown paper bag, determine whether
18 the tape covers the initials and, if not, whether you can
19 recognize your initials on the bag.
20 A No, sir, on this one the tape does not cover the initials.
21 Lourdes and my initials are on it. The item number, file
22 number, the date and "check for residue" are on the bag.
23 Q If you could look inside the bag and tell us what is
24 contained therein.
25 A It's a green overcoat or jacket.
3759
1 Q Is that an item you sent to be checked for residue on that
2 date?
3 A Yes, sir.
4 MR. FITZGERALD: Your Honor, we would offer 535D.
5 MR. HERMAN: No objection.
6 THE COURT: Received.
7 (Government Exhibit 535D received in evidence.)
8 BY MR. FITZGERALD:
9 Q If you could now look at Government Exhibit 535E, which
10 should be the items on your far left, which has been removed
11 from the plastic bag, tell us if you recognize what that is.
12 A Yes, sir, it's a pair of glasses, eyeglasses.
13 Q And did you see the pair of eyeglasses on August 20th,
14 1998?
15 A Yes, sir, I did.
16 Q What were your instructions with regard to the eyeglasses?
17 A No direct instructions as far as the eyeglasses on here,
18 but they were checked for residue.
19 Q They were checked, sorry? I didn't hear you.
20 A They would have been checked for residue.
21 Q And was that an item that you segregated out from the Nike
22 bag on that day?
23 A Yes, sir.
24 MR. FITZGERALD: Your Honor, I would offer Government
25 Exhibit 535E.
3760
1 MR. HERMAN: No objection, Judge.
2 THE COURT: Received.
3 (Government Exhibit 535E received in evidence.)
4 BY MR. FITZGERALD:
5 Q Looking at the next exhibit directly in front of you,
6 535G, if you could tell us what that is.
7 A Yes, sir, it's a towel.
8 Q What, if anything, did you notice about the condition of
9 the towel at the time you saw it?
10 A Again, it has stains on the towel itself and it did not
11 appear to have been laundered.
12 Q And was that another item you sent to be checked at the
13 laboratory?
14 A Yes, sir.
15 MR. FITZGERALD: And I would offer Government Exhibit
16 535G.
17 MR. HERMAN: No objection.
18 THE COURT: Received.
19 (Government Exhibit 535G received in evidence.)
20 BY MR. FITZGERALD:
21 Q And the last item in front of you to your right for the
22 moment is 535H, if you could take a look at that item and see
23 if you recognize that item as well.
24 A Yes, sir.
25 Q What is that item?
3761
1 A It's a, what we described as an in-flight magazine from
2 Kenyan Airways.
3 Q What, if anything, did you notice about the condition of
4 the item at the time that you saw it on August 20th, 1998?
5 A Both on the cover on the front and the cover on the back
6 there is indented writing where someone used this as a counter
7 top or something to put something to write on on top of it, a
8 sheet of paper.
9 Q And what, if any, instructions were placed on the brown
10 paper bag with regard to that item?
11 A I just noted in the disposition of the item that there was
12 indented writing on this item so that it would be noted on the
13 log.
14 Q And does that brown paper bag reflect your initials?
15 A Yes, sir, it does.
16 MR. FITZGERALD: Your Honor, I would offer Government
17 Exhibit 535H.
18 MR. WILFORD: No objection.
19 THE COURT: Received.
20 (Government Exhibit 535H received in evidence.)
21 BY MR. FITZGERALD:
22 Q I'll now approach you with an item marked as Government
23 Exhibit 529 for identification. If I could ask you to focus
24 for the moment just on the bag itself and not the contents.
25 Do you recognize that bag?
3762
1 A Yes, sir. This was the bag that we removed the items
2 from.
3 Q And yesterday you testified about taking vacuuming from
4 residue from with inside the bag?
5 A Yes, sir.
6 Q Is that the same bag you were talking about?
7 A Yes, sir.
8 Q Would you look at the condition of the bag from the inside
9 and see if it purports with your recollection of how the bag
10 looked when you saw it?
11 A Yes, sir. I remember in these areas here that the
12 internal coating on the bag was flaking away and that is
13 actually reflected in the vacuumings. You can see these
14 pieces where they are trapped in the vacuumings.
15 Q And what was the bottom of the bag that you looked at on
16 August 20th, 1998, what kind of lining was the bottom of the
17 bag?
18 A It has a piece of cardboard or like items with a vinyl
19 covering over the top of it.
20 MR. FITZGERALD: Your Honor, at this time I would
21 offer Government Exhibit 529, which is the bag itself.
22 May I have one moment with counsel.
23 (Pause)
24 MR. FITZGERALD: Your Honor, we'll offer Government
25 Exhibit 529, the bag, and also its contents, but exhibit
3763
1 stickers have been placed on individual contents and, by
2 agreement of counsel, we'll identify what numbers are attached
3 to that.
4 THE COURT: Very well, 529, received.
5 (Government Exhibit 529 received in evidence.)
6 BY MR. FITZGERALD:
7 Q Agent Whitworth, other than the items you selected out to
8 send to the lab, what did you do with the balance of the items
9 that you did not select to send to the lab for particular
10 analysis?
11 A All of the items were returned back to the evidence
12 custodian there at the criminal investigative division.
13 Q Backing up, what did you do when the items were out of the
14 bag and you determined certain items you did not select to
15 send to the laboratory?
16 A We placed them back in the bag. I'm sorry.
17 Q Within Government Exhibit 529, I'll just try to describe
18 things generically: One pair of male briefs marked 532B,
19 blue; one pair of red briefs with white stars, 532C; I'll hold
20 up this item, black in color, and I'll read in 531I, it's
21 draw-string cotton pants, black in color; multicolored towel,
22 which has been marked as 531D; another pair of boxer-type
23 briefs, 532A, blue and white striped; 531H I would describe as
24 purple, long shirt; 531G, pair of socks, orange, yellow; 530B,
25 a shampoo bottle, brand Revco Shampoo Plus with a hole in the
3764
1 bottom of the bottle; a belt marked 531B; 531A is a shirt,
2 Nike brand, with a logo; 531C, a maroon shirt with the word
3 "remember" written as part of the pattern; 531F, a head
4 covering, black; and 531E, as in Edward, a shawl, scarf, item.
5 Your Honor, at this time I would offer three other
6 items, Government Exhibit 530A, a Swahili dictionary,
7 Government Exhibit 537, a Humsafar magazine, Government
8 Exhibit 536, Swahili Complete Course for Beginners, and
9 Government Exhibit 527, a ticket coupon.
10 THE COURT: Are you offering them?
11 MR. FITZGERALD: Yes.
12 MR. HERMAN: No objection.
13 THE COURT: All of those?
14 MR. FITZGERALD: Yes, Judge.
15 THE COURT: Including their contents?
16 MR. FITZGERALD: I'm sorry. Yes. Yes.
17 THE COURT: 532, 532C, 531I, 531B, 532A --
18 MR. FITZGERALD: Oh, yes.
19 THE COURT: 531D, 531G, 530A, 530B, 531A, 531C, 531F,
20 531E, 530A, 537, 536, 527, all received.
21 (Government Exhibits 527, 529, 530A, 530B, 531A-I,
22 532A-C, 536 and 537 received in evidence.)
23 MR. FITZGERALD: Thank you, Judge. I have nothing
24 further.
25 THE COURT: Mr. Herman, on behalf of defendant Odeh.
3765
1 MR. HERMAN: Thank you, Judge.
2 CROSS-EXAMINATION
3 BY MR. HERMAN:
4 Q Good afternoon, Agent Whitworth.
5 A Good afternoon, sir.
6 Q Agent Whitworth, you told us yesterday that when you were
7 detailed to examine these items, you were doing so to recover
8 the items, is that correct, and not test them?
9 A Correct.
10 Q And because at that point you were an expert in training,
11 is that accurate to say?
12 A Yes, sir.
13 Q And subsequently you have -- you are now an explosive
14 devices examiner; is that correct?
15 A Yes, sir.
16 Q But back in August of 1998, your sole job was to retrieve
17 evidence; is that right?
18 A Yes, sir.
19 Q Were you part of an evidence retrieval team, in effect?
20 A I was dispatched by the explosives unit out of the lab as
21 just an extra body, a person with a little bit more knowledge
22 than the normal ERT or people off the street about bombing
23 crime scenes.
24 Q And you had certainly been trained in how to recover
25 evidence and how to package evidence, is that fair to say?
3766
1 A Yes, sir.
2 Q On August 20th, 1998 you received these items that you
3 have indicated here today, is that accurate?
4 A Yes, sir.
5 Q Had you ever seen them before?
6 A No, sir.
7 Q Did you have any knowledge, either firsthand or another
8 way, of where these items had been?
9 A No, sir, not prior to me touching them, no, sir.
10 Q When you first saw them, where were they?
11 A They were in the bag on a desk or table at CID
12 headquarters.
13 Q And this is the bag that you have identified as Government
14 Exhibit 529?
15 A Yes, sir, the Nike bag.
16 Q I'm sorry?
17 A The Nike bag?
18 Q Nike bag. Did someone bring them to you?
19 A If I remember correctly, they were -- the bag was already
20 in the room at the time we got there.
21 Q Okay. So you don't have firsthand knowledge about how the
22 bag got in the room, is that fair to say?
23 A No, sir.
24 Q And was there a list of items which accompanied the bag?
25 A Not that I remember seeing, no, sir.
3767
1 Q Did you do your own list of items in the bag?
2 A Yes, sir, of what we recovered from the bag, not of the
3 total contents of the bag.
4 Q So what you made a list of were items that you took out of
5 the bag and packaged separately; is that right?
6 A Yes, sir.
7 Q And the rest of the items you simply put back into the
8 bag; is that correct?
9 A Yes, sir.
10 Q When you have identified items here today from the bag,
11 was that based on your memory of what was in the bag?
12 A Yes, sir.
13 Q There came a time that you took some photographs, or an
14 individual working with you took photographs of the bag and
15 some of the contents?
16 A Yes, sir, Lourdes McLoughlin took photographs.
17 Q If you would be good enough to look at some photographs
18 which we've marked for identification.
19 Let me ask you this. Look at these photos.
20 A Yes, sir.
21 Q I don't know whether you took them or not, but look at the
22 photos and see whether you can identify what's in the
23 photographs, and just make them two piles as to ones you can
24 and the ones you can't.
25 A Okay.
3768
1 Q Could you do that for me?
2 A Yes, sir.
3 Q Thank you.
4 A Are you looking for what items I removed from the bag or
5 are you looking for in general what items I recognize as being
6 in the bag?
7 Q The latter.
8 (Pause)
9 MR. HERMAN: May I approach, your Honor?
10 THE COURT: Yes.
11 Q Agent, I've got a large pile on one hand and just a single
12 photograph in my left hand. Should I assume that the single
13 photograph is an item that you do not recognize?
14 A Yes, sir.
15 Q May I assume that the other items that you have looked at
16 here this afternoon are items that you -- photographs of items
17 that you do recognize as being associated with the bag that
18 day?
19 A Yes, sir.
20 MR. HERMAN: For the record, the items identified are
21 Odeh BB, CC, DD, EE, FF, GG, HH, II, JJ, KK, LL, MM, NN, OO,
22 PP, QQ, UU and TT, and I would move them into evidence, if
23 there is no objection.
24 MR. FITZGERALD: No objection, Judge.
25 THE COURT: Received.
3769
1 (Defendant's Exhibits Odeh BB, CC, DD, EE, FF, GG,
2 HH, II, JJ, KK, LL, MM, NN, OO, PP, QQ, UU and TT received in
3 evidence.)
4 BY MR. HERMAN:
5 Q Now, Agent, you told us that one of the items that you
6 looked at on August 20 was a green jacket; is that right?
7 A Yes, sir.
8 Q Was that green jacket inside the bag or was it -- or not?
9 A It was inside the bag, yes, sir, the best of my knowledge.
10 Q I'm sorry?
11 A To the best of my knowledge, yes, sir.
12 Q So all of the items that you examined that date came out
13 of the bag; is that right?
14 A Yes, sir, I believe so.
15 Q Well, is there any doubt in your mind?
16 A No, sir.
17 Q Did you find a watch in the bag?
18 A Yes, sir, I believe there is a watch in the bag.
19 Q Was that something you saw today or not?
20 A No, I did not remember seeing that today.
21 Q But you remembered there was a watch in the bag?
22 A I remember a watch from the bag.
23 Q Okay. Was there money in the bag, foreign currency?
24 A Not that I can remember off the top of my head, no, sir.
25 Q Okay. I would like to show you or show the jury as well,
3770
1 your Honor, Odeh DD in evidence on the Elmo, please.
2 Agent, would that be the condition of the bag before
3 you began to take items out of it?
4 A No, sir.
5 Q Is that the condition of the bag after you put items back
6 into it?
7 A Yes, sir.
8 Q That's the bag after you selected out certain items and
9 put the rest of the items back in the bag; is that right?
10 A Yes, sir, to the --
11 Q Okay. This is Odeh EE, Agent. Can you tell us what's in
12 that, what that photograph depicts?
13 A The items that were in the bag after I processed some of
14 the stuff out of the bag.
15 Q What surface are the items on there?
16 A They're on a piece of butcher paper.
17 Q I'm sorry?
18 A They're on what we call butcher paper. These are actually
19 taken in the FBI lab. These are not my photos.
20 Q Okay. Do you recognize what's on the back there?
21 A Yes, sir, that's called butcher paper.
22 Q Butcher paper.
23 Were you using a similar type of paper or something
24 else to cover the surface when you were examining these items?
25 A No, sir.
3771
1 Q You were examining the items in the CID headquarters?
2 A Yes, sir.
3 Q In a room that you had never been in before; is that
4 right?
5 A Yes, sir.
6 Q And you were obviously wearing gloves, though; is that
7 correct?
8 A Yes, sir.
9 Q And you were wearing gloves so that there wouldn't be any
10 contamination; is that correct?
11 A Yes, sir, from myself.
12 Q Obviously that was a concern of yours, that the items not
13 be contaminated by anything coming from you; is that right?
14 A Yes, sir.
15 Q When you examined them, did you take them one at a time
16 out of the bag?
17 A To the best of my recollection, yes, sir.
18 Q And you put them down on the surface?
19 A Yes, sir.
20 Q But to the best of your recollection, the surface was not
21 protected in any fashion; is that correct?
22 A No, sir.
23 Q Did you visit the bomb site when you were in Kenya?
24 A Yes, sir, I spent the majority of my time there.
25 Q When did you get to Kenya for this investigation?
3772
1 A It was probably the Monday after the event. I'm not sure
2 of the exact date.
3 Q If I could suggest the event took place on August 7th,
4 1998, that might have been, then, August 10th, 1998?
5 A Yes, sir.
6 Q And you stayed at least another ten days in the Nairobi
7 area, is that fair to say?
8 A Yes, sir.
9 Q And most of the time, as you have told us, you were
10 working at the bomb site?
11 A Correct.
12 Q And were you gathering items of evidence at the bomb site?
13 A Yes, sir.
14 Q And placing those items into some type of secure facility?
15 A Yes, sir.
16 Q You have told us that you, with regard to the bag, that
17 you vacuumed it, is that accurate?
18 A Yes, sir.
19 Q Was that just the bag that you vacuumed?
20 A I also vacuumed my hands with my gloves on.
21 Q I'm sorry?
22 A I also vacuumed my hands with the gloves on.
23 Q You vacuumed your own hands?
24 A Yes, sir.
25 Q With the gloves on, and that's -- what was the reason you
3773
1 did that?
2 A So that I could make sure that I wasn't contaminated.
3 Q Were you also wearing one of those Tyvek suits at the
4 time?
5 A Yes, sir.
6 Q And at the time that you were taking the items out of the
7 bag; is that right?
8 A Yes, sir.
9 Q Again, that's so there wouldn't be any contamination from
10 something on your clothing to the items that you were
11 removing, is that fair to say?
12 A Yes, sir.
13 Q When you vacuumed, you just vacuumed generally the
14 interior of the bag, is that how it worked?
15 A Yes, sir.
16 Q And then you saved the residue for a lab technician or a
17 chemist who analyzed it, is that what your intention was?
18 A That's correct, sir.
19 Q When you were gathering evidence in this case, were you
20 aware of whether the Kenyan police officials were also
21 involved in the investigation?
22 A Yes, sir, I was aware of that.
23 Q Did you see members of the Kenyan police at the bomb site
24 scene?
25 A I know that there were some people that were helping us
3774
1 with the crime scene from the bomb squad, the Kenyan police
2 bomb squad and some of the lab people also came out to help
3 with the swabbing, but as far as investigative types, I was
4 kind of separate from them.
5 Q But you saw some individuals who had the same role as you
6 did who were your counterparts in the Kenyan police department
7 or the CID?
8 A Yes, sir.
9 Q Do you know whether they were also gathering items of
10 evidence? This would be the Kenyans.
11 A At the crime scene, yes, sir. I'm aware of that.
12 Q They were gathering evidence?
13 A At the crime scene, yes.
14 Q At the crime scene. Do you know where they were keeping
15 the evidence that they gathered?
16 A They were turning it over to us. We were working
17 hand-in-hand at the crime scene.
18 Q So, as far as you knew, was the United States the only
19 government that was actually the repository for evidence
20 collected?
21 A From the crime scene, yes, sir.
22 Q And what about from other scenes possibly associated with
23 the case, do you know what took place with regard to those
24 sites?
25 A No, sir. I only was involved in this search and one
3775
1 other.
2 Q Were you involved with the search, for instance, at 43
3 Runda Estates?
4 A No, sir.
5 Q And do you know anything about that search?
6 A No, sir.
7 Q When you identified items that day on August 20th, did you
8 give them designations, such as a K number or a Q number?
9 A No, sir, that's not done on the field. That's a
10 laboratory function.
11 Q Okay. So what you did was put these items that you
12 selected in separate bags and initialed the bags?
13 A Yes, sir, and put an item number for us at that location.
14 Q And then the plan was to send these items back to the
15 United States for further testing; is that right?
16 A Correct.
17 Q So at that point, on August 20th, after you had looked at
18 these items and separated some of them out and photographed
19 them, your responsibility for these items ended; is that
20 correct?
21 A Yes, sir.
22 MR. HERMAN: May I have a moment, Judge?
23 (Pause)
24 BY MR. HERMAN:
25 Q Agent, when you packaged some of these items, you did so
3776
1 in a way to preserve their integrity, is that fair to say?
2 A Yes, sir.
3 Q And you also marked them, I gather, in a way which could
4 identify where they had come from; is that right?
5 A Yes, sir.
6 Q When you looked at these items, did it appear that anyone
7 else had ever marked them with any kind of identifying symbol
8 or initials or anything to that effect?
9 A Not at that point, no, sir.
10 MR. HERMAN: Thank you. That's all I have.
11 MR. FITZGERALD: Briefly, Judge.
12 THE COURT: Yes.
13 REDIRECT EXAMINATION
14 BY MR. FITZGERALD:
15 Q Agent Whitworth, where was it that the items of evidence
16 recovered at the crime scene were being stored?
17 A They were being stored at the crime scene.
18 Q The place where you examined the Nike bag, how far was
19 that from the crime scene, if you know?
20 A It's a 15 or so minute drive from there, if I remember
21 correctly. I only went to CID on two occasions that I
22 remember, so --
23 Q Let me approach you again with Government Exhibit 529 and
24 ask you to keep your gloves on.
25 A Okay.
3777
1 Q Ask you to take a look through there and see if you find a
2 watch.
3 A Yes, sir.
4 Q What kind -- is there a sticker on the back?
5 A Yes, sir.
6 Q Can you just read the number into the record?
7 A 528, Exhibit 528.
8 Q 528?
9 A Yes, sir.
10 MR. FITZGERALD: We would offer Government Exhibit
11 528, your Honor.
12 MR. HERMAN: No objection.
13 THE COURT: Received.
14 (Government Exhibit 528 received in evidence.)
15 BY MR. FITZGERALD:
16 Q If you could just tell us the brand name of the watch, if
17 it's listed on there?
18 A Yes, sir, it's a Casio watch.
19 Q Does it appear to be working or not working at this time?
20 A Yes, sir, it's currently working.
21 Q Can you tell us what time appears on the watch?
22 A 12:48, 20 something seconds.
23 MR. FITZGERALD: Thank you. Nothing further.
24 MR. HERMAN: Just a few.
25 RECROSS-EXAMINATION
3778
1 BY MR. HERMAN:
2 Q The watch was in the bag; is that right?
3 A Yes, sir.
4 Q Just missed it the first time you went?
5 A Yes, sir.
6 Q You didn't miss the green jacket, though, right? You
7 found the green jacket, right?
8 A Yes.
9 Q And as you went through the bag, there's a pair of pants
10 in the bag today, right, those string pants?
11 A Yes, sir.
12 Q All right. And there was another pair of pants that you
13 took out and segregated that day and sent to the lab; is that
14 right?
15 A Yes, sir.
16 Q So that would have been two pairs of pants in that bag; is
17 that right?
18 A Correct.
19 Q And Mr. Fitzgerald asked you how far you were away at CID
20 from the bomb site, and you said, what, about 15 minutes?
21 A Yes, sir, if I can remember correctly.
22 Q Okay. But you were nonetheless concerned -- and I say
23 this because you were wearing gloves and a Tyvek outfit --
24 that there should not be any contamination from you to the
25 items in the bag, is that fair to say?
3779
1 A Yes, sir.
2 MR. HERMAN: Thank you.
3 MR. FITZGERALD: Your Honor, if I could just have the
4 record reflect that it is roughly 3:35 Eastern time, just to
5 tie to it that last question.
6 Thank you. Nothing further.
7 THE COURT: Thank you, Agent. You may step down.
8 (Witness excused)
9 MR. KARAS: Your Honor, the government recalls Kelly
10 Mount.
11 KELLY MOUNT, Recalled.
12 THE COURT: Agent Mount, the Court reminds you you
13 are still under oath.
14 THE WITNESS: Yes, your Honor.
15 DIRECT EXAMINATION
16 BY MR. KARAS:
17 Q Good afternoon.
18 A Good afternoon.
19 Q If I could just remind you to speak loudly and clearly
20 into the microphone.
21 A Sure.
22 Q Thanks.
23 Can you remind us what it is that you do for a
24 living?
25 A I am a forensic chemist with the FBI laboratory.
3780
1 Q Did there come a time that you were asked to analyze items
2 represented to you as being from a Nike bag belonging to
3 Mohamed Sadeek Odeh?
4 A Yes.
5 Q And can you tell us whether or not you followed the
6 protocol you described earlier for analysis for chemical
7 residue?
8 A Yes, certainly.
9 MR. KARAS: Your Honor, may I approach the witness?
10 THE COURT: Yes.
11 Q Ms. Mount, while and after you conducted your analysis,
12 did you keep notes of the results of your examination of the
13 items?
14 A I did.
15 Q Did you prepare any reports?
16 A I did, yes.
17 Q I have placed before you what has been marked for
18 identification as Government Exhibit 538. Can you tell us
19 what that is?
20 A This is a summary of the results from the analysis
21 conducted on these items.
22 Q Have you compared the information contained in that
23 summary with your notes and the report that you prepared
24 during -- from your examination of these items?
25 A I have.
3781
1 Q Is the summary analysis accurate?
2 A Yes, it is.
3 MR. KARAS: Your Honor, at this time we offer Exhibit
4 538.
5 MR. WILFORD: Without objection.
6 THE COURT: Received.
7 (Government Exhibit 538 received in evidence.)
8 MR. KARAS: If we could display 538.
9 Q Looking at the first six items, if you could just tell us
10 generally what those were and, for the record, how it was that
11 they tested.
12 A Those were either control samples or vacuuming samples
13 taken of the Nike bag, and no explosive residues were found on
14 those items.
15 Q And then if we could focus on the next four items, the
16 paper fragments, the orange towel, the in-flight magazine and
17 the green jacket, and for the record, was there any residue
18 found on any of those items?
19 A No, no residue was found on those either.
20 Q And the next three items, the pants and the cloth item and
21 the red t-shirt -- that's okay, we don't need to focus on it.
22 If you could just tell us, Ms. Mount, for the record
23 which each of those items tested positive for, if anything.
24 A Those three items that you mentioned tested positive for
25 pentaerythritol tetranitrate, PETN, and trinitrotoluene, TNT.
3782
1 Q And finally, the last item, the pair of eyeglasses, did it
2 test positive?
3 A No, it was negative for explosives.
4 MR. KARAS: Thank you. I have no further questions.
5 CROSS-EXAMINATION
6 BY MR. WILFORD:
7 Q Good afternoon, Ms. Mount. How are you doing today?
8 A Doing fine, thank you.
9 Q That's great.
10 Now, Agent Mount, did you take photographs of various
11 items while you were conducting your tests, your various
12 forensic tests?
13 A Not that I remember.
14 Q Were you present when photographs were taken?
15 A No, not that I remember.
16 Q Did you examine any photographs ever in relation to the
17 items that you tested?
18 A No.
19 Q I want to show you some photographs.
20 A Okay.
21 Q Some of which are in evidence and some that are not.
22 This is the stack that's in evidence. I won't repeat
23 all the letters right now. And this is the stack that's not.
24 Tell me, please, if you recognize those items.
25 A I'd have to say some of these look familiar, but I don't
3783
1 specifically remember each item individually.
2 Q Look at the ones that are not in evidence and tell me if
3 you recognize them.
4 A Oh, okay.
5 Again, I think I remember some of these, but I could
6 not definitely tell you that I remember everything
7 specifically.
8 Q Thank you.
9 Now, when you were conducting your examinations, you
10 in fact tested for the presence of trace amounts of TNT, PETN,
11 and other explosives; is that correct?
12 A That's correct, yes.
13 Q When you were conducting your tests, Agent Mount, did you
14 attempt to calibrate your machines so that you would be able
15 to tell the amounts?
16 A No. Again, we do calibrate the instruments, certainly.
17 We conduct performance checks to make sure that they are
18 working properly, but we do not do quantitative analysis for
19 explosive residue work. So, no, there were no calibrations
20 that would tell us levels of explosives found.
21 Q But it is possible -- I'm sorry. Were you finished with
22 your answer?
23 A Yes.
24 Q It is in fact possible for you to do that, though?
25 A It would be possible with some of the instruments, yes.
3784
1 Q You could have taken it and set a control, right, and then
2 use that as a measurement against the other items that you
3 were testing; isn't that correct?
4 A I could have made some quantitative measurements.
5 However, I think there are limitations with that, again, not
6 knowing the starting materials, how much you have, what you
7 are dealing with.
8 Q Did you in fact test all of the items at the same time?
9 A I believe that I did. It was all one laboratory number,
10 so, yes.
11 Q So you tested, for example, you tested K43 through K52 at
12 the same time?
13 A All within the same day probably, sure.
14 Q And you also conducted a test on the residue --
15 withdrawn -- on the vacuuming sample that was taken and
16 transported to the lab; is that correct?
17 A Yes.
18 Q That was conducted on the same day?
19 A If we're talking about the vacuum samples, my K45 and K46,
20 the Government Exhibits 533B and 533C, vacuum samples, yes.
21 Q Yes.
22 A Yes.
23 Q And you conducted a test of some pieces of paper; isn't
24 that correct?
25 A That's correct.
3785
1 Q Where did those pieces of paper originally come from with
2 respect to the items in the bag?
3 A I don't know.
4 Q Well, they --
5 A They were in a vial, if I remember correctly.
6 Q Isn't it a fact that they came out of the pockets of those
7 black jeans?
8 A I'm not sure. As received, they were in a separate vial.
9 Q Did you recover any explosive residue from the pieces of
10 paper that were examined?
11 A No, I did not.
12 Q And you didn't tear those pieces of paper up, right?
13 A No, I did not.
14 Q They were in that condition when you received them?
15 A That's correct, yes.
16 Q Do you know whether or not those pieces of paper had been
17 vacuumed in Nairobi?
18 A I'm not sure.
19 Q Agent Mount, you did in fact take -- withdrawn -- conduct
20 forensic examination of swabbings that were taken from the
21 walls of the embassy in Nairobi; is that correct?
22 A That is correct, yes.
23 Q And some of these swabbings did in fact reveal TNT?
24 A That is correct.
25 Q When you tested for it, there was still TNT?
3786
1 A Yes.
2 Q Would it be fair to say, based on that, that not all of
3 the TNT was dissipated at the time of the explosion?
4 A Some survived the blast, yes.
5 Q And would it be fair to say that if people touched the
6 walls or the stones or the debris from the embassy and they
7 didn't have on gloves or their clothing touched it, there's a
8 high likelihood that they would come in contact with some of
9 that TNT material or PENT material or whatever else you found
10 there?
11 A It's possible they could have come into contact with it to
12 a degree.
13 Q I'm sorry?
14 A It is possible that they could have come in contact with
15 it.
16 Q It would be a probability that they would come in contact
17 with it?
18 A I don't know that I would say a probability.
19 Q You don't want to go that far?
20 A I don't know. I couldn't hazard a guess.
21 Q Would the probability be that there would be an exchange,
22 if someone bumped into it or touched that particular piece of
23 concrete where there was TNT remaining with their clothing,
24 that their clothing would probably take some of that TNT?
25 A It's possible that that could happen.
3787
1 Q And if somebody touched it with their hands, the same
2 thing would happen?
3 A Possible.
4 Q And we're talking, once again, about microscopic --
5 A Residue.
6 Q -- articles?
7 A Excuse me?
8 Yes.
9 Q Something that is not visible to the naked eye?
10 A That's true.
11 Q It's not like I would bump and say, oh, I got some TNT on
12 me; you wouldn't know it, right?
13 A True.
14 Q Now, you conducted a test where you used acetone?
15 A Yes.
16 Q Could you explain to the jury what that was?
17 A Sure. That, as I mentioned, I think, last time I
18 testified, that's a standard part of our protocol, that we
19 extract samples with acetone, which is like a fingernail
20 polish remover. Explosives, high explosives, the organic
21 explosives are very soluble in acetone, so that's the means by
22 which we extract them to get them into solution for analysis.
23 Q Agent Mount, you performed a variety of tests on items
24 K53, 54 and 55; is that correct?
25 A That's correct.
3788
1 Q And did your findings change as you conducted each test?
2 A No, I wouldn't say that they changed, no.
3 Q What would you say? Did you get more particular
4 information as you conducted each test?
5 A Oh, yes, certainly. Certainly. We go from a general
6 screening process to confirmatory tests with the last set of
7 instruments that we used.
8 Q When you conducted your tests, did you first conduct the
9 test on 53, 54 and 55, that is, K53, K54 and K55; are those
10 the first items that you tested?
11 A I don't remember. I try to follow things normally just in
12 sequential numerical order. I don't remember specifically
13 that --
14 Q When you received what is Government Exhibit 529, this
15 Nike bag, were there items inside of the bag?
16 Can you see it from there?
17 A I can see the bag.
18 I believe that I received the actual bag in a later
19 laboratory submission.
20 Q That was tested on a different day; isn't that correct?
21 A I believe so, yes.
22 Q And the items that were contained, were there any items in
23 the bag at that time?
24 A To be honest with you, I don't remember specifically. I
25 would have to review my notes from that specific lab number to
3789
1 remember that.
2 Q You don't have them with you?
3 A No, I sure don't. Sorry.
4 Q When you tested the residue that was vacuumed, what tests
5 did you perform on it?
6 A The vacuum filter samples that I received?
7 Q Yes.
8 A I extracted those with acetone.
9 Q What were the results of those?
10 A Those were negative. No explosive residues were found.
11 Q Did you know where in fact those samples were taken from?
12 A I don't know that I knew specifically. I think there may
13 have been some markings on the bag that they were vacuumings
14 from something. I don't remember specifically, so --
15 MR. WILFORD: May I approach the witness, your Honor?
16 THE COURT: Yes.
17 Q I'm going to show you items 535A, 535B and 535C.
18 Right now you're looking at 535A; is that correct?
19 A Yes, I am.
20 Q Okay. Is there anything on that particular packaging that
21 would indicate to you whether or not the vacuuming sample that
22 you analyzed with acetone came from that particular --
23 A No. On this particular bag, no.
24 Q Would you look at 535B.
25 A It looks like the writing is covered in evidence tape
3790
1 here, so --
2 Q So there's no way for you to tell about 535B?
3 A Not right now, no, I can't.
4 Q Okay. Would you look at 535C, please.
5 A Okay. There's nothing in particular on here, no.
6 Q Agent Mount, would it be fair to say that in conducting
7 your particular branch of forensic examination, it's quite
8 different from, say, a serologist and someone who does DNA
9 typing because in those particular fields you can determine
10 the source, right? If it's somebody's blood type, you can
11 type it and go right back to the source because the source
12 will match; is that correct? Is that a fair statement?
13 A Best of my understanding, yes.
14 Q And with DNA, we can say this particular DNA came from
15 this particular person; isn't that correct?
16 A Right.
17 Q However, in the type of examination that you conducted
18 with respect to determining whether or not there were trace
19 evidence of explosives on clothing, there's no way to
20 determine the source, is there?
21 A No. No.
22 Q And part of that is due to the fact that we're talking
23 about microscopic particles that are easily transferred; isn't
24 that correct?
25 A That's true. The residue --
3791
1 MR. WILFORD: Nothing further.
2 THE COURT: Anything further?
3 MR. KARAS: Briefly, your Honor.
4 REDIRECT EXAMINATION
5 BY MR. KARAS:
6 Q Now, Ms. Mount, with respect to the quantity of residue,
7 when you are analyzing, for example, a shirt, how is it you go
8 about to create the sample that you test?
9 A Typically for clothing I will take my own vacuuming sample
10 and collect that onto a filter and extract the filter with
11 acetone.
12 Q And when you do the vacuuming sample, is it possible that
13 in creating the sample you leave behind residue on the shirt
14 that you were analyzing?
15 A That's possible, yes, certainly.
16 Q So that the sample may have one measure of residue, but
17 that doesn't tell you what quantity of residue there is on the
18 shirt; is that right?
19 A That's true, yes.
20 Q Now, with respect to sourcing the TNT and comparing your
21 field to serology, when you find TNT residue, you don't know
22 what bomb that came from, do you?
23 A No.
24 Q But you know it comes from TNT?
25 A Correct.
3792
1 MR. KARAS: No further questions.
2 CROSS-EXAMINATION
3 BY MR. WILFORD:
4 Q Agent Mount, you don't even know if it came from a bomb;
5 is that correct? You just know there's some TNT there?
6 A That is correct, yes.
7 Q You don't know whether it was actually explosive, used in
8 an explosive, or simply ground up by somebody preparing a
9 bomb; is that correct?
10 A That is correct.
11 Q And if somebody was grinding TNT up to make a bomb and
12 they handle it with their hands, and they took their hands and
13 wiped it on their shirt, that particular shirt would be loaded
14 with TNT residue; isn't that correct?
15 A Quite possibly.
16 MR. WILFORD: Thank you. Nothing further.
17 THE COURT: Thank you. You may step down.
18 (Witness excused)
19 THE COURT: What is the next order of business?
20 MR. FITZGERALD: Your Honor, we're going to read that
21 final transcript, which I believe was Government Exhibit
22 220B-T.
23 THE COURT: How long will that be?
24 MR. FITZGERALD: That's 13 pages, so ten minutes.
25 THE COURT: Ten minutes. And is that it for the day?
3793
1 MR. FITZGERALD: No, Judge, there's some other items.
2 THE COURT: All right. We'll take a brief recess.
3 (Recess)
4 (Continued on next page)
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
3794
1 THE COURT: The government may proceed.
2 MR. FITZGERALD: Yes, Judge. First, for the record,
3 we stipulate with counsel for Odeh that Government's Exhibit
4 535I are torn pieces of paper removed from the pocket in the
5 pants Government's Exhibit --
6 THE COURT: 535I are torn pieces of paper removed
7 from the pocket of --
8 MR. FITZGERALD: Black pants, 535A.
9 THE COURT: 535I was removed from the pocket of --
10 MR. FITZGERALD: 535A. We move 535I in evidence.
11 THE COURT: Received.
12 (Government's Exhibit 535I received in evidence)
13 MR. FITZGERALD: We read Government's Exhibit 190,
14 which is a stipulation. It is hereby stipulated and agreed by
15 and between the United States and defendant Mohamed Sadeek
16 Odeh, by and with the consent of his attorneys, as follows:
17 On or about August 7, 1998, Mohamed Sadeek Odeh,
18 hereinafter Odeh, was detained at the international airport in
19 Karachi, Pakistan, by officials of the Federal Immigration
20 Agency. Odeh and his belongings were first kept in an open
21 facility at the airport used for detaining persons at the
22 airport who have been refused admission to Pakistan or
23 otherwise arrested at the airport.
24 The following day, Odeh was transferred to another
25 room where one other person was present. Odeh and his
3795
1 belongings were housed there from August 7 to on or about
2 August 11 or 12. During that time, Odeh had access to his
3 personal belongings.
4 Following that, Odeh and his belongings were
5 transferred to the custody of a different Pakistani government
6 agency and kept in a location in the Karachi area for about
7 one day. During the time at the second location, Odeh had
8 access to his personal belongings.
9 On or about August 12 or 13, Odeh was transferred to
10 another location. During that time, Odeh also had access to
11 his personal belongings.
12 During all times while in Pakistan after Odeh was
13 initially stopped by Sohail Anjum, Odeh was under guard and
14 not given access to the telephone or to receive visitors.
15 On August 14, 1998, Odeh and his clothing were placed
16 on an airplane in Karachi and flown to Nairobi, Kenya, where
17 he was transferred to the custody of Kenyan officials.
18 Paragraph 2. Whenever Odeh's clothing was
19 transferred from one location to another in Pakistan, each
20 Pakistani official responsible for the custody of Odeh and his
21 clothing would be responsible for transferring Odeh's personal
22 property to the next person responsible.
23 It is further stipulated that the persons
24 transferring Odeh's personal property were not wearing Tyvex
25 suits or gloves and did not take swabbings of their own
3796
1 clothing or hands.
2 Paragraph 3. It is further stipulated and agreed
3 that if called to testify as a witness, that an FBI agent
4 would testify that:
5 A. On or about August 15, 1998, he was advised by a
6 Pakistani official who was generally familiar with the Odeh
7 matter but who was not one of the persons responsible for the
8 custody of Odeh's personal property, among other things, that
9 the Pakistani official understood that Odeh had four pieces of
10 luggage.
11 B. On August 20, 1998, he spoke with another
12 Pakistani official who was also generally familiar with the
13 Odeh matter but who was not one of the persons responsible for
14 the custody of Odeh's personal property. The main subject of
15 the meeting did not concern Odeh's personal property. During
16 the course of the discussion, the Pakistani official indicated
17 that at the time of Odeh's detention in Karachi, Odeh had
18 possessed a small bag filled with clothes and the FBI agent
19 understood from that conversation that the Pakistani official
20 believed that the bag was still in the custody of Pakistani
21 officials on August 20.
22 We would offer Government's Exhibit 190 in evidence.
23 THE COURT: Received.
24 (Government's Exhibit 190 received in evidence)
25 MR. FITZGERALD: At this time we would read
3797
1 transcript marked Government's Exhibit 220B-T, and Miss Seda
2 and Mr. Francisco will read the parts of the participants in
3 that conversation, which was recorded on July 27, 1997, at
4 2016 hours.
5 (Government's Exhibit 220B-T in evidence read to the
6 jury)
7 MR. FITZGERALD: Your Honor, the last conversation
8 for the wiretap is a 10-minute transcript.
9 THE COURT: Ten minutes, we will do it tomorrow.
10 Ladies and gentlemen, it has been a while since I
11 reminded you not to read or listen to or look at anything
12 about this case or remotely related to this case. I remind
13 you again, and we are adjourned until tomorrow morning.
14 (Jury excused)
15 THE COURT: I received two notes from the jury. One
16 thanks me for their lunch outing. One juror says that I hope
17 you will be able to join us for lunch one day.
18 The other note reads: Judge Sand, we used to get
19 pictures with names and pictures of the witnesses, and these
20 are very helpful in keeping them straight. If possible, can
21 we resume this. Thank you.
22 I think I will just leave that, I will just not
23 respond to that. We are adjourned until tomorrow.
24 (Proceedings adjourned until 10:00 a.m., Wednesday,
25 April 4, 2001)
3798
1 INDEX OF EXAMINATION
2 Witness D X RD RX
3 MALEK SALEH.............3689 3699
4 BENJAMIN V. VAUGHN......3706
5 MITCHELL HOLLARS........3721 3728
6 MARK WHITWORTH..........3752 3765 3776 3777
7 KELLY MOUNT.............3779 3782 3791
8 3792
9 GOVERNMENT EXHIBITS
10 Exhibit No. Received
11 1500-T, 1501-T, 1537-T, 1542-T,
12 1554-T, 1555-T, 1556-T, 1557B-T,
13 1557C-T, 1557D-T, 1557E-T, 1559-T,
14 1576B-T, 1579A-T, 1579B-T, 1579C-T,
15 1580A through C-T, 1600A-T, 1602-T,
16 1605-T, 1606-T, 1610-T, 1611-T,
17 1612-T, 1622-T, 1626A through C-T,
18 and 1626D-T, 1627-T, 1628A-T, 1629-T,
19 1631 through 1634-T, 1635A and B-T,
20 1636-T, and 1638-T ........................ 3694
21 300B-T, 245-T, 362-T, 906-T, 911-T, 908-T,
22 910-T, and 246-T.......................... 3697
23 1502-T, 1503-T, 1504-T, 1505-T, 1506-T,
24 1507-T, 1508-T, 1509-T, 1510-T, 1511-T,
25 1512-T, 1513-T, 1514-T, 1515-T, and
3799
1 1516-T................................... 3709
2 1537 and 1610-1612 .........................3718
3 539 ........................................3723
4 535A .......................................3754
5 535B .......................................3757
6 535C .......................................3758
7 535D .......................................3759
8 535E .......................................3760
9 535G .......................................3760
10 535H .......................................3761
11 529 ........................................3763
12 527, 529, 530A, 530B, 531A-I, 532A-C,
13 536 and 537................................. 3764
14 528 ........................................3777
15 538 ........................................3781
16 535I .......................................3794
17 190 ........................................3796
18 DEFENDANT EXHIBITS
19 Exhibit No. Received
20 WEH H ......................................3702
21 Odeh BB, CC, DD, EE, FF, GG, HH, II, JJ,
22 KK, LL, MM, NN, OO, PP, QQ, UU and TT....... 3769
23
24
25
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