15 May 2001
Source: Digital file from the Court Reporters Office, Southern District of New York; (212) 805-0300.

This is the transcript of Day 45 of the trial, May 14, 2001.

See other transcripts: http://cryptome.org/usa-v-ubl-dt.htm


                                                                6256



   1   UNITED STATES DISTRICT COURT
       SOUTHERN DISTRICT OF NEW YORK
   2   ------------------------------x

   3   UNITED STATES OF AMERICA

   4              v.                           S(7) 98 Cr. 1023

   5   USAMA BIN LADEN, et al.,

   6                  Defendants.

   7   ------------------------------x

   8
                                               New York, N.Y.
   9                                           May 14, 2001
                                               9:30 a.m.
  10

  11

  12   Before:

  13                       HON. LEONARD B. SAND,

  14                                           District Judge

  15

  16

  17

  18

  19

  20

  21

  22

  23

  24

  25



                                                                6257



   1                            APPEARANCES

   2   MARY JO WHITE
            United States Attorney for the
   3        Southern District of New York
       BY:  PATRICK FITZGERALD
   4        KENNETH KARAS
            PAUL BUTLER
   5        Assistant United States Attorneys

   6
       ANTHONY L. RICCO
   7   EDWARD D. WILFORD
       CARL J. HERMAN
   8   SANDRA A. BABCOCK
            Attorneys for defendant Mohamed Sadeek Odeh
   9
       FREDRICK H. COHN
  10   DAVID P. BAUGH
       LAURA GASIOROWSKI
  11        Attorneys for defendant Mohamed Rashed Daoud Al-'Owhali

  12   DAVID STERN
       DAVID RUHNKE
  13        Attorneys for defendant Khalfan Khamis Mohamed

  14
       SAM A. SCHMIDT
  15   JOSHUA DRATEL
       KRISTIAN K. LARSEN
  16        Attorneys for defendant Wadih El Hage

  17

  18

  19

  20

  21

  22

  23

  24

  25



                                                                6258



   1            (Deliberations resumed)

   2            (Time noted, 4:10 p.m.; jury not present)

   3            THE COURT:  The note from the jury reads:  "The jury

   4   appreciates the court's continued efforts to provide us the

   5   information we require in order to deliberate.  We would also

   6   like to request a few additional items:  Government's Exhibit

   7   660 -- chart of phone calls; Government's Exhibit 321, V1, V2,

   8   and V3 re El Hage.  WEHXS11 -- Bin Laden letters; GX310-74A.

   9   Since it is near the end of the day, we will not require the

  10   items until tomorrow."

  11            Any problem providing any of these?

  12            MR. KARAS:  No, Judge, there shouldn't be.  The first


  13   note asks for Government's Exhibit 310-74A, which we did

  14   provide.

  15            THE COURT:  And what is V1, 2 and 3?

  16            MR. SCHMIDT:  Those are small notebooks that came in

  17   with the expert.

  18            THE COURT:  V?

  19            MR. SCHMIDT:  V.

  20            THE COURT:  Is tomorrow the day we begin at 11:00?

  21   Maybe a little earlier, maybe 10:30.

  22            MR. DRATEL:  Judge, how are you marking this note?

  23            THE COURT:  Each one has a separate date.  So this

  24   will be Court Exhibit Roman I of today's date.

  25            (Court's Exhibit I duly marked)



                                                                6259



   1            THE COURT:  How are we going to know whether we sent

   2   in Exhibit 310?

   3            MR. KARAS:  Someone is checking upstairs, your Honor.

   4   We should be able to know very shortly.

   5            Your Honor, our records upstairs did not have the

   6   original 310, so we did send it in.

   7            THE COURT:  That is GX310-74A.

   8            MR. KARAS:  I think we sent in both 310-74A and the

   9   translation as well, 74A-T.

  10            THE COURT:  My note to the jury says:  "Ladies and

  11   gentlemen, the exhibits you requested will be given to you

  12   tomorrow morning.  Our records reflect that Government's

  13   Exhibit 310-74A and the translation Exhibit GX310-74A-T have

  14   previously been sent to you.  Have a good evening."

  15            I am handed a note which tells me that arrangements

  16   have been made by the marshal for the jurors for tomorrow

  17   morning and that we should be able to begin at 10:00 a.m.

  18   tomorrow.

  19            When the jury indicates that it wants to go home, we

  20   will adjourn.

  21            MR. COHN:  Your Honor, are you giving them an

  22   instruction somehow to continue not to read the papers, etc.?

  23            THE COURT:  Each time, no.

  24            MR. COHN:  I know they are not being brought in to be

  25   dismissed.  Could you reinforce that from time to time



                                                                6260



   1   somehow?  I don't care if it is done outside my presence if

   2   the court wants to do it.

   3            THE COURT:  Has the note been sent in?  Where is that

   4   note?  I will add it to that note.

   5            MR. COHN:  Just as an extra precaution.

   6            THE COURT:  You want me to reinforce my instruction

   7   not to read anything with respect to the McVeigh case?

   8            MR. HERMAN:  Withdrawn.

   9            MR. COHN:  This case, Judge.

  10            THE COURT:  Please adhere to my previous

  11   instructions.

  12            MR. COHN:  Don't read anything about FBI --

  13            THE COURT:  "P.S.  Please continue to adhere to my

  14   previous instructions to avoid reading, listening to or

  15   watching anything concerning this case or related matters."

  16            Very well.  Subject to all of that we are adjourned

  17   until --

  18            MR. DRATEL:  Your Honor, when do you want the

  19   exhibits?  At 10 or earlier?

  20            THE COURT:  Why don't you assemble them at 9:30 and

  21   we will send them in at 10, depending on when they actually

  22   start.

  23            MR. COHN:  Your Honor, are we being discharged now or

  24   are we waiting --

  25            THE COURT:  We are awaiting because between now and



                                                                6261



   1   when the jury actually leaves they may have something else.

   2            MR. COHN:  I thought you said we should go.

   3            THE COURT:  I will send in word when the jury has

   4   actually left.

   5            (Recess)

   6            (Adjourned until 10:00 a.m., Tuesday, May 15, 2001)

   7

   8

   9

  10

  11

  12

  13

  14

  15

  16

  17

  18

  19

  20

  21

  22

  23

  24

  25




HTML by Cryptome.