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

This is the transcript of Day 16 of the trial, 12 March 2001.

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

                                                                    2228

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

       3   UNITED STATES OF AMERICA

       4              v.                           S(7)98CR1023

       5   USAMA BIN LADEN, et al.,

       6                  Defendants.

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

       8
                                                   New York, N.Y.
       9                                           March 12, 2001
                                                   9:45 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

                                                                    2229

       1                            APPEARANCES

       2   MARY JO WHITE
                United States Attorney for the
       3        Southern District of New York
           BY:  PATRICK FITZGERALD
       4        DAVID KELLEY
                KENNETH KARAS
       5        PAUL BUTLER
                Assistant United States Attorneys
       6

       7   SAM A. SCHMIDT
           JOSHUA DRATEL
       8   KRISTIAN K. LARSEN
                Attorneys for defendant Wadih El Hage
       9
           ANTHONY L. RICCO
      10   EDWARD D. WILFORD
           CARL J. HERMAN
      11   SANDRA A. BABCOCK
                Attorneys for defendant Mohamed Sadeek Odeh
      12
           FREDRICK H. COHN
      13   DAVID P. BAUGH
           LAURA GASIOROWSKI
      14        Attorneys for defendant Mohamed Rashed Daoud Al-'Owhali

      15   DAVID STERN
           DAVID RUHNKE
      16        Attorneys for defendant Khalfan Khamis Mohamed

      17

      18            (In open court; jury not present.

      19            THE COURT:  Good morning.  Everybody be seated,

      20   please.  Are there any matters which should be addressed

      21   before bringing in the jury?  Any reason not to bring in the

      22   in the jury?  The witness is here?

      23            MR. KARAS:  Yes, Judge.

      24            THE COURT:  All right.  Let's bring in the jury.

      25            MR. RUHNKE:  Your Honor, there is one question we'd

                                                                    2230

       1   like to ask the jury.  There was publicity over the weekend

       2   about another terrorist trial in the State of Washington and

       3   we just ask your Honor if the jury read anything about a trial

       4   in Washington or words to that effect.  It mentioned Bin Laden

       5   and in the interview it says Cole.  There was a lot of

       6   publicity about it over the weekend.  They may not have seen

       7   it as being this case.

       8            THE COURT:  All right.

       9            MR. FITZGERALD:  Your Honor, for purposes of clarity,

      10   that trial is in California because the venue has shifted, but

      11   it involves the State of Washington.

      12            THE COURT:  All right, West Coast.

      13            MR. FITZGERALD:  West of the Hudson.

      14    DONALD SACHTLEBEN, resumed.

      15            (Jury present)

      16            THE COURT:  Good morning, ladies and gentlemen.  I

      17   hope everybody had a pleasant weekend.  Has anybody read or

      18   seen anything in the media about this case?

      19            I'm advised that there has been some coverage in the

      20   media with respect to a case on the West Coast involving

      21   alleged terrorists.  Has anybody read or seen anything about

      22   that?

      23            (No response)

      24            I would ask if you see the word terrorist or

      25   terrorist trial or anything of that sort, regardless of

                                                                    2231

       1   whether it's this case or not, please avoid reading it.  There

       2   may be a lot of media attention given to matters allegedly

       3   related to terrorists besides this case.  Please just avoid it

       4   all.

       5            I want to also remind you that I've asked you not to

       6   discuss the case even amongst yourselves.

       7            Agent Sachtleben, the Court reminds that you your

       8   still under oath.  The government may proceed.

       9            MR. KARAS:  Thank you, your Honor.

      10   DIRECT EXAMINATION (continued)

      11   BY MR. KARAS:

      12   Q.  Good morning.

      13   A.  Good morning.

      14   Q.  Now, Agent Sachtleben, you recall describing last week the

      15   process that was in place for the collection of items from the

      16   crime scene near the embassy in Nairobi?

      17   A.  Yes, sir.

      18   Q.  Before those pieces were collected and brought back to the

      19   United States, did you have a chance to review each piece?

      20   A.  Yes, sir, I did.

      21            MR. KARAS:  Your Honor, may I ask that Mr. Sachtleben

      22   be allowed to step down?

      23            THE COURT:  Yes.

      24            (Witness left stand)

      25   Q.  Now, Agent Sachtleben, if you could take a look at the

                                                                    2232

       1   pieces collected here on this middle table and begin with

       2   Government Exhibit 830.  If you can tell us what that is?

       3   A.  I recognize this piece here to be a portion of the fence

       4   that was a security fence that was around the United States

       5   embassy in Nairobi.

       6   Q.  Could you point on the model that's marked as Government

       7   Exhibit 800 where that fence is?

       8   A.  The security fence on the model is represented by a,

       9   they've done it on the model here, it's this clear plastic

      10   fence.  You can see that the modelmakers have actually drawn

      11   some black lines on that clear plastic.  The vertical black

      12   lines represent these pieces of the fence.

      13   Q.  And could you describe for us what conclusions you drew

      14   from your analysis of that piece?

      15   A.  Well, when I saw this at the scene in Nairobi or what I

      16   recognized, first of all, was that this piece of metal had

      17   gone through a significant impact by high explosive charge.

      18   Q.  What in particular led to you that conclusion?

      19   A.  Well, first of all, the shape.  As you look at this piece,

      20   this is a fairly heavy piece of metal, and I recognized again

      21   that this is a piece of fence, and I saw that at the, on the

      22   security fence in the areas that were not affected by the

      23   explosion they were nice and straight.

      24            This piece is twisted almost into a corkscrew

      25   fashion.  Then there is also a number of impact marks here

                                                                    2233

       1   which I recognize to be what I would call high explosive

       2   effects.

       3   Q.  And is that piece damaged on both sides?

       4   A.  There is some damage on this side of the piece, but mostly

       5   what I see on this side of the piece is where the explosive

       6   effects have actually gone completely through the piece.  So

       7   the vast majority of the damage is on this side, which I

       8   believe was facing the explosion.

       9   Q.  Thank you, Agent Sachtleben.  If you want to put that

      10   piece down.

      11            If you could look at the piece that's marked as

      12   Government Exhibit 833.  Can you tell us what that is?

      13   A.  This is a portion of a what I would refer to as a bollard

      14   or I guess more commonly you think of it as a post.  These

      15   were part of the security perimeter of the embassy in Nairobi.

      16   Q.  Again, if you could use the model and point out where

      17   those bollard posts were?

      18   A.  The posts are these little short black pieces of doweling

      19   that you see around the perimeter here of the embassy.

      20   They're fairly similar to what you see around this courthouse

      21   here out on the street.  They're just maybe about two or three

      22   feet high, made for some fairly heavy metal, and in Nairobi I

      23   believe that these were also filled with concrete to make them

      24   more resistant to say vehicles being driven up on to the

      25   sidewalk around the embassy.

                                                                    2234

       1   Q.  What can you tell us about the damage to that piece?

       2   A.  Well, first thing I noticed was again how it had been

       3   almost crushed and flattened.  That again tells me that this

       4   was hit by a high explosive shock wave.  Secondly, I can see

       5   the what I would call here the pitting or cratering.  I think

       6   on Thursday I may have referred to some of the effects from

       7   high explosives.  The hot gases and the hot particles of

       8   unconsumed explosive will strike this at very high rate of

       9   speed, and make these impact marks on the metal.  There is

      10   also some evidence of melting.

      11            The temperature that we would typically see from a

      12   large quantity of high explosives could be as high as five

      13   thousand degrees, and when something like this is very close

      14   to that amount of explosives, when they detonate, you can

      15   actually get a little bit of this melting along the edges

      16   here.

      17   Q.  Now, with respect to the item marked Government Exhibit

      18   838 which I believe is right in front of you there.

      19   A.  Yes, it is.

      20   Q.  If you can tell us what that is?

      21   A.  I recognize this piece to be a fragment, that is a portion

      22   of a pistol slide.  This is, on a pistol this is the portion

      23   that rests along the top and houses the barrel and the

      24   chamber.

      25   Q.  What can you tell us about the damage to that piece?

                                                                    2235

       1   A.  Well first of all, it's not intact.  That is there should

       2   be more to it.  So there's almost a half of this pistol slide

       3   that's missing.  Secondly, it's twisted somewhat like this

       4   piece was twisted, and there are a couple of impact marks on

       5   it.  I would say that this piece had been very close to a very

       6   large explosion.

       7            MR. KARAS:  Your Honor, may we share this piece with

       8   the jury?

       9            THE COURT:  Yes.

      10   Q.  If you could just hand it up to Juror No. 1 at the end

      11   there.  Thank you, Agent Sachtleben.

      12            Now, the other pieces that are on this table and for

      13   the record marked as Government Exhibits 829, 831, 832, and

      14   834 through 837, can you just generally tell us what those

      15   pieces are?

      16   A.  Generally what we have on the table here with the

      17   exception of one piece which is Government's 831, these are

      18   portions of the embassy security fence that are similar to the

      19   item that I described previously which is government's 830.

      20   Government's 831 would appear to me to be another portion of

      21   the bollard posts.

      22   Q.  Now, Agent Sachtleben, did you also find that there were

      23   what appeared to be vehicle parts in the vicinity of the

      24   American Embassy?

      25   A.  Yes, I did.

                                                                    2236

       1   Q.  And if you could go to the table to your left there, and

       2   if you could begin with Government Exhibit 821.  It should be

       3   on the left part.  Yes.  If you could describe that piece for

       4   us?

       5   A.  Government Exhibit 821 here I recognize this to be the

       6   portion, a portion of a frame of a truck.

       7   Q.  What can you tell us about the damage to that piece?

       8   A.  Well, first of all, this piece is, the frame of a vehicle

       9   is one of the strongest parts of a vehicle from my experience,

      10   and this piece here is almost completely folded over on

      11   itself.  There is quite a bit of corkscrewing or twisting of

      12   the metal.  To me these are all indications that this piece

      13   was extremely close to a very large explosion.

      14   Q.  And with respect to Government Exhibits 816 and 817 if you

      15   could tell us about the damage to those pieces and what they

      16   are?

      17   A.  Okay.  Government's 816 which is this piece here and

      18   Government's 817 which is this piece here I recognize these to

      19   be parts of the chassis of a truck and both of these parts

      20   have been twisted, torn, pitted.  Once again they appear to me

      21   that they were in very close contact with a large quantity of

      22   explosives that detonated.

      23   Q.  If you could take a look at Government Exhibit 815 which I

      24   think is just to the right of where your hand is now, and if

      25   you could tell us what that is?

                                                                    2237

       1   A.  Government's 815 is again I recognize this to be

       2   consistent with a portion of a frame of a truck and this piece

       3   here has some of those same damage that I noticed on the other

       4   pieces.

       5   Q.  Are there any markings on that piece?

       6   A.  Yes.  On this piece I noticed that there was some letters

       7   and a number that were stamped into the piece.

       8   Q.  For the record what is stamped in there?

       9   A.  I read the letters B as in Bravo, U as in Union, and the

      10   number 6.

      11            MR. KARAS:  Your Honor, if we could have this piece

      12   published to the jury as well?

      13            THE COURT:  Yes.

      14   Q.  Agent Sachtleben, if you could take a look at Government

      15   Exhibits 822 and 823 and tell us what those are?

      16   A.  Collectively Government Exhibits 822 and 823 I recognize

      17   these to be the fragments of a rear axle from a truck.

      18   Q.  Which piece do you have there in your hand?

      19   A.  I'm currently holding Government's 822.

      20   Q.  Now, with respect to Government Exhibit 823, can you tell

      21   us about the damage to that piece?

      22   A.  Government's 823 when I saw this at the scene in Nairobi,

      23   what I recognized here was a very directional type of damage.

      24   That is, the metal that you see here, this is the axle

      25   portion, that is the part that drives the wheels, and there is

                                                                    2238

       1   a housing over it, there is a metal housing that contains like

       2   the gears, that is the differential that turns the axle and

       3   what you can see here is that the metal has actually been

       4   pushed down against this heavy rod here, pushed apart, folded

       5   over and in some cases actually partially melted.

       6            This would indicate to me that an explosive shock

       7   wave had hit this very directly and from a very close

       8   distance.

       9   Q.  From which direction?

      10   A.  From above.

      11   Q.  Thank you.

      12            Now, with respect to the remaining pieces on that

      13   table, and for the record Government Exhibits 818, through

      14   820, 824 through 828, if you could just tell us generally what

      15   those pieces are?

      16   A.  The remaining pieces on this table here are portions of a

      17   truck.  They range from the additional pieces of the chassis

      18   such as Government's 824 which I recognize to be a front axle,

      19   to portions of the engine of a vehicle.

      20            For example, this piece here which is Government's

      21   825, this is a crankshaft which is found inside the engine

      22   block of a vehicle.

      23   Q.  And with respect to Government's 826 if you could tell us

      24   what that is and what the damage to that piece was?

      25   A.  Government's 826 is this piece right here.  I recognize

                                                                    2239

       1   this piece to be part of the steering assembly of a vehicle.

       2   It's commonly referred to as the Pitman arm.

       3   Q.  And can you tell us about the damage to that piece?

       4   A.  Well, damage to this piece, first of all, I know that

       5   Pitman arms when they're manufactured are generally straight.

       6   So that's the first thing is that there is definite twist to

       7   this piece.  Second thing is that there is explosive damage,

       8   that is, that there is extensive cratering and pitting to this

       9   one side of the piece here.

      10            The other side is largely intact.  There is very

      11   little damage to this side here, but this side has almost the

      12   entire length of it has explosive damage.

      13            MR. KARAS:  Thank you.  If you would want to resume

      14   the witness stand.

      15            (Witness resumed stand)

      16   Q.  Agent Sachtleben, did you undertake efforts to determine

      17   what identity of the vehicle that goes with the vehicle pieces

      18   you just describe?

      19   A.  Yes, I did.

      20   Q.  And what did you do?

      21   A.  Well, in the first instance while we were in Nairobi I

      22   contacted representatives of various vehicle manufacturers

      23   that were in Nairobi.  Basically I went to the service

      24   departments of several different vehicle manufacturers and

      25   asked them to come take a look at these parts.

                                                                    2240

       1   Q.  And what else did you do?

       2   A.  From talking to the service representatives, a Toyota

       3   representative thought that he recognized these as being

       4   Toyota parts.  So when I got back to the laboratory with these

       5   pieces I made contact with Toyota Motor Corporation in Japan.

       6   Q.  And did you actually meet with Toyota officials in Japan?

       7   A.  Yes, I did.  I went to Nagoya, Japan in 1999, February of

       8   1999, and I toured the assembly plant and met with various

       9   representatives from Toyota.

      10   Q.  And did a representative from Toyota come to the

      11   laboratory in Washington and review these pieces?

      12   A.  Yes.  On two occasions in both 1999 and 2000 an official

      13   from Toyota Motor Corporation, a Mr. Miyage, came to my office

      14   to the laboratory and together we went through all of these

      15   pieces.

      16   Q.  Did you go through all of the pieces, all the vehicle

      17   pieces seized or just these pieces in particular you talked

      18   about?

      19   A.  Right, yes.  I'm glad you pointed that out.  We actually

      20   went through over six hundred pieces together looking at every

      21   piece of metal that we had brought back from the scene in

      22   Nairobi.

      23   Q.  Can you tell us approximately how many of those six

      24   hundred pieces that Mr. Miyage reviewed were identified as

      25   being Toyota pieces?

                                                                    2241

       1   A.  The total number was roughly 50 to 60 pieces that he could

       2   say with some degree of certainty came from Toyota.  There

       3   were quite a few other pieces that appeared to him as being

       4   Toyota in origin, but because of the damage to them he really

       5   couldn't come up with a definite conclusion as to their

       6   manufacturer.

       7            MR. KARAS:  Now, if we could just show to the witness

       8   and to counsel, Government Exhibit 840, please.

       9   Q.  Agent Sachtleben, I ask you to take a look at the screen

      10   there on the left and if you could tell us what that is?

      11   A.  This is a photograph that I had, that I directed be taken

      12   and these pieces here are the pieces that Mr. Miyage

      13   identified to me as being from a particular type of Toyota

      14   truck.

      15   Q.  Are some of the pieces that you've testified about earlier

      16   today included in that picture?

      17   A.  Yes, all the pieces that are here on the table are

      18   represented in the photograph.

      19            MR. KARAS:  Your Honor, we offer Government Exhibit

      20   840.

      21            THE COURT:  Received.

      22            (Government's Exhibit 840 received in evidence)

      23   Q.  Now, Agent Sachtleben, based on your surveillance of the

      24   vicinity of the embassy and your review of these pieces, did

      25   you draw any conclusion about the type of explosive that was

                                                                    2242

       1   used in this bombing?

       2   A.  Yes.  My conclusion was that a very large quantity of high

       3   explosives had been detonated in the parking area behind the

       4   embassy.

       5   Q.  And did you draw any conclusions about the identity of the

       6   vehicle that was used to deliver that bomb?

       7   A.  Yes.  Based on my observation of the pieces here and my

       8   conversations and meetings with the Toyota Motor Corporation I

       9   came to the conclusion that it was a Toyota truck that had

      10   carried these explosives to the bomb site.

      11   Q.  And, in particular, the pieces that you testified about

      12   earlier today, can you tell us the relationship between those

      13   pieces and the bomb delivery vehicle?

      14   A.  These pieces here, in particular the ones that I held up

      15   for the Court, were specifically identified to me as a

      16   variant, that is a type of Toyota truck that's known as the

      17   Dyna, and a model of Dyna truck, and Dyna is D-Y-N-A, a model

      18   of Dyna truck that is known to Toyota as the MDGT variant.

      19   Q.  And can you tell us what it is about these pieces versus

      20   some of the other six hundred that led you to conclude that

      21   these pieces were from the bomb delivery vehicle?

      22   A.  Well, these particular pieces here, these were the pieces

      23   that exhibited the most noticeable, the most obvious explosive

      24   damage.  That is, these pieces in my opinion were very close

      25   to, if not immediately touching the explosive charge, to the

                                                                    2243

       1   exclusion of say a vehicle that could have been as close as

       2   ten or 15 feet away.

       3   Q.  Agent Sachtleben, did you have a chance to review where

       4   some of these pieces were originally found?

       5   A.  Yes, I did.

       6   Q.  And based on your review of those pieces and their origin,

       7   did you reach any conclusions about the general orientation of

       8   the delivery vehicle when the bomb was detonated?

       9   A.  Yes, I did.

      10            MR. KARAS:  If we could display Government Exhibit

      11   802C.

      12   Q.  Now, Agent Sachtleben, the piece that was marked as

      13   Government Exhibit 815 that had the BU6 on it, could you tell

      14   us what type of piece that is?

      15   A.  That piece, the piece with the BU6 on it is the part of a

      16   frame on a Toyota Dyna that is located in the right front

      17   portion of the frame.

      18   Q.  I believe there is a pen-like object on the screen.  If

      19   you could make a mark where it was that that piece was found

      20   of the right front part of the vehicle?

      21   A.  Yes, it was located approximately here (marking) which is

      22   the Pioneer House.

      23   Q.  And that appears to be north, northwest of the US Embassy?

      24   A.  Yes, it is.

      25   Q.  And roughly northeast of where it is indicated the bomb

                                                                    2244

       1   crater is?

       2   A.  That's correct.

       3   Q.  Now, can you tell us about where the two axle pieces were

       4   found, Government Exhibits 822 and 823?

       5   A.  The two axle pieces were located on the other side of the

       6   Kenya railway station, roughly 750 or so yards away.  That

       7   area is not depicted on this diagram, but if I could, I could

       8   indicate the direction in which it is.

       9   Q.  Please.

      10   A.  (Marking) Pardon my feeble attempt at an arrow there, but

      11   that is the going in largely a southeasterly direction away

      12   from the embassy and the bomb crater.

      13   Q.  Those are pieces that belong to the rear axle of the

      14   delivery vehicle?

      15   A.  Yes, that's correct.

      16   Q.  Now, based on where these pieces were found can you draw

      17   for us in the back parking lot the orientation or general

      18   sense of where the delivery vehicle was facing when the bomb

      19   was detonated?

      20   A.  All right.  I will draw an arrow and the point of the

      21   arrow will be the general direction that I believe the front

      22   of the truck was facing.  So I've drawn an arrow that is

      23   pointed in a northwesterly direction.

      24   Q.  And is your conclusion based on a specific 90 degree angle

      25   of the Ufundi House, or is there a margin within which the

                                                                    2245

       1   orientation of the vehicle was situated?

       2            MR. BAUGH:  Objection, leading.

       3            THE COURT:  Overruled.

       4   A.  There is a certainly a range of angle that the, vehicle

       5   angle that the vehicle could be facing.  I believe that that

       6   range of angle forms in effect a cone, if you will.

       7   Q.  Thank you.  No further questions.

       8            THE COURT:  Mr. Wilford.  On behalf of the defendant

       9   Odeh.

      10   CROSS-EXAMINATION

      11            MR. KARAS:  Your Honor, if I could just offer as an

      12   exhibit what is on the screen now as marked by Agent

      13   Sachtleben 802C-D1.

      14            THE COURT:  Yes, received.

      15            MR. KARAS:  Thank you, your Honor.  (Marked

      16   Government Exhibit 802-D.

      17            (Government's Exhibit 802-D1 received in evidence)

      18            MR. BAUGH:  Excuse me.  Will the agent's mark also

      19   appear permanent on the exhibit that is filed?

      20            MR. KARAS:  We will print it out.

      21            MR. BAUGH:  Thank you.

      22            MR. WILFORD:  May I inquire, your Honor?

      23   Q.  Yes.

      24   BY MR. WILFORD:

      25   Q.  Good morning, Agent Sachtleben.  Am I pronouncing your

                                                                    2246

       1   name correctly?

       2   A.  Yes, sir.

       3   Q.  How you doing?

       4   A.  Very good, thank you.

       5   Q.  Now, when you conduct an investigation of an bomb crime

       6   screen you'd like to have as uncontaminated an area as

       7   possible, isn't that correct?

       8   A.  If we can, but unfortunately the nature of bombing scenes

       9   makes that very difficult.

      10   Q.  But you want to get in as quickly as possible before

      11   people move too much stuff around without some direction from

      12   you and members of your team, isn't that correct?

      13   A.  Certainly.

      14   Q.  For example, when you investigated the Oklahoma City

      15   bombing you were there rather quickly, or at least members of

      16   your team were there rather quickly, isn't that correct?

      17   A.  That's correct.

      18   Q.  And when were you the team leader for the World Trade

      19   Center bombing members of your team were there rather quickly,

      20   isn't that correct?

      21   A.  That's correct.

      22   Q.  When we say rather quickly, we mean within minutes to

      23   hours, isn't that correct?

      24   A.  Hours certainly, yes.

      25   Q.  Now, with respect to the bombing of the embassy in Kenya

                                                                    2247

       1   you didn't arrive until August 9th; is that correct, at about

       2   2:30 in the morning, right?

       3   A.  That's right.

       4   Q.  You didn't do anything when you got there 2:30 in the

       5   morning in terms of investigating, did you?

       6   A.  I did not.

       7   Q.  So you didn't start doing anything until about 7, 8

       8   o'clock in the morning, right?

       9   A.  That's right.

      10   Q.  So you were already almost two full days time elapsed

      11   before you got to commence your particular supervision of any

      12   investigation related to the recovery of materials, isn't that

      13   correct?

      14   A.  My supervision, that's correct.  Of course there were

      15   other people there before me.

      16   Q.  Well, who was there first?

      17   A.  Our legal attache, that is the agent who's assigned to the

      18   FBI office in South Africa.  I believe he arrived on the

      19   afternoon of August 7th.

      20   Q.  But he's not a bomb expert, right?

      21   A.  I don't know his background.  I know that he has had some

      22   training in investigation like all FBI agents.

      23   Q.  I'm sure.  But you are an expert in bombs and being able

      24   to make determinations with respect to where you recover

      25   stuff, isn't that correct?

                                                                    2248

       1   A.  That's correct.

       2   Q.  He doesn't have the same qualifications you do, isn't that

       3   correct?

       4   A.  That's correct.

       5   Q.  That's why they flew you over to Kenya because you have

       6   this expertise, right?

       7   A.  Yes, sir.

       8   Q.  So until you got there no one was really conducting the

       9   investigation from the same particular perspective of

      10   expertise that you have, isn't that correct?

      11   A.  Perhaps with my depth of knowledge, but there were other

      12   FBI personnel that were on the scene who had knowledge of

      13   bombing investigations.

      14   Q.  Well, is it a fact that when you flew over you came over

      15   with a whole team of experts?

      16   A.  I came over actually with a very small crew.  The team

      17   followed behind me, maybe by about eight hours or so.

      18   Q.  But all of the experts were being flown in, isn't that

      19   correct?

      20   A.  Yes, for the most part, yes.

      21   Q.  Is it also true that you couldn't go close to the embassy

      22   itself because the rescue and recovery operations were still

      23   going on when you arrived and you said I believe on direct

      24   that you started on a very far away perimeter and worked your

      25   way in, isn't that correct?

                                                                    2249

       1   A.  I actually went on to the rubble pile the day I arrived.

       2   I looked at that, surveyed it and then directed personnel to

       3   other locations.

       4   Q.  Took pictures of it?

       5   A.  I did not personally take pictures of it, but photographs

       6   were being taken.

       7   Q.  Were you directing people at that point in terms of the

       8   rescue and recovery operation as to perhaps putting rubble

       9   that they moved in a particular place or was that not a

      10   concern at all?

      11   A.  My concern was to stay out of their way, let them do their

      12   job and be there to observe.

      13   Q.  Now, when you -- withdrawn.  When there is in fact a

      14   rescue operation, rescue-recovery operation, as you said, the

      15   rubble is just being tossed around, right?

      16   A.  Yes.

      17   Q.  And things are being tossed around and there may be some

      18   particular items which you would make a conclusion on that had

      19   been moved that you didn't particularly find in the place

      20   where they were, isn't that a fact?

      21   A.  That's correct.

      22   Q.  Now, I want to talk with you for a moment if I might about

      23   the explosive device and the placement of it.

      24            Is there a parking garage that goes underneath the

      25   embassy?

                                                                    2250

       1   A.  Yes, there is.

       2   Q.  And if you wanted to, for lack of a better word, blow up

       3   the embassy itself, would you put this truck or bomb delivery

       4   vehicle, whatever it may have been, underneath the embassy?

       5            Wouldn't that have been optimum effect in terms of

       6   blowing up the embassy?

       7   A.  That's a tough call, because it's going to depend very

       8   much on the way the embassy was constructed and whether when

       9   you put it in that garage if you put it at a point where it

      10   would actually cause the structural supports to collapse.  It

      11   may or may not.

      12   Q.  Well, in the World Trade Center case, the bomb was placed

      13   under the garage, under the World Trade Center, isn't that

      14   correct?

      15   A.  Actually not under the World Trade Center, the bomb was

      16   placed in the garage under the Vista Hotel.

      17   Q.  And it was an attempt to get under the World Trade Center

      18   to effect the structural --

      19            MR. KARAS:  Objection.

      20            THE COURT:  Sustained.

      21   Q.  Sir, in this particular instance in your examination of

      22   the embassy, if the bomb had been placed under the embassy

      23   would that have any impact on the structure?

      24   A.  It may have.  The embassy was built from extremely sturdy

      25   construction and my observation, I'm certainly not an

                                                                    2251

       1   architect or an engineer, but my observation from seeing other

       2   bombed-out buildings is that that embassy probably would have

       3   withstood a fairly good sized blast without collapsing.

       4   Q.  When you say a fairly good sized blast one of the

       5   magnitude of this one?

       6   A.  Possibly.

       7   Q.  But you can't say with any certainty, can you?

       8   A.  Oh, certainly not.  That's just my estimation.

       9   Q.  Would be fair to say, sir, that if the bomb had actually

      10   been placed under the embassy as opposed to on the south end

      11   of it that the damage to the embassy itself would have been

      12   greater than suffered in this particular damage?

      13   A.  That's possible.  That one is pretty difficult to

      14   speculate because, again, it's going to depend on where it

      15   exactly is within the building.

      16   Q.  So you have no way of telling whether or not it would have

      17   been greater or not?

      18   A.  I don't have any magic formula for that one, sir, no.

      19   Q.  Now, when you went through this recovery process with all

      20   the items that are now on the table before the jury, that was

      21   done with an intent to try to determine what type of explosive

      22   was used, is that correct?

      23   A.  Not so much the type of explosive, because generically

      24   we're just looking to classify it as say a low explosive

      25   versus a high explosive, but as to the particular type of

                                                                    2252

       1   explosive, that's almost impossible to do, just from

       2   observation.

       3   Q.  Well, I didn't mean just from observation.  You collected

       4   these items and in fact sent them back to the FBI lab so some

       5   further forensic analysis could be done, isn't that correct?

       6   A.  But the type of forensic analysis that we did on these

       7   pieces was not to identify the type of explosive used.

       8   Q.  Well, are you aware of whether or not any findings were

       9   made as to the type of explosives?

      10   A.  I am aware that there were findings made to the type of

      11   explosive.

      12   Q.  Sir, could you tell the jury what TNT is?

      13   A.  TNT is trinitrotoluene.  It is a type of high explosive.

      14   Q.  And what forms does TNT come in?

      15   A.  TNT is generally manufactured by a casting process.  That

      16   is raw materials are mixed together, heated up until they're

      17   form kind of a liquid slurry, soupy kind of a mixture and then

      18   that material can be poured into molds and cast into blocks.

      19   Q.  Can TNT be ground up?

      20   A.  Certainly.

      21   Q.  What happens when it's ground up?

      22   A.  When it's ground up it becomes more of a powdery granular

      23   type of material, but it retains most of its explosive power.

      24   Q.  That doesn't have the impact inn the manner in which the

      25   explosive device will be utilized, does it?

                                                                    2253

       1   A.  It could.  When you start to grind up material, high

       2   explosive, in particular high explosives need a particular

       3   density for them to work.  If you grind something up and make

       4   it into too fine a powder, you can actually decrease the

       5   sensitivity of it.

       6   Q.  And isn't it a fact that when the TNT is ground up that it

       7   is dispersed into the air and it can get on clothing and other

       8   objects that are in close proximity?

       9   A.  Certainly.

      10   Q.  Now, could you tell the jury what PETN is?

      11   A.  PETN is another type of high explosive.  I probably have

      12   to go back to my reference book to give you the exact spelling

      13   of what the PETN stands for, but suffice it to say it is

      14   another variant of high explosives.

      15   Q.  It's different from TNT?

      16   A.  Yes, it is.

      17   Q.  Now, C4, what is that, sir?

      18   A.  C4 is the designation that the United States government

      19   has given to a type of plastic explosive.

      20   Q.  It's not a chemical explosive, is it?  It's just a plastic

      21   explosive, isn't that correct?

      22   A.  Well, all explosives are made from chemicals so certainly

      23   C4 is made from a particular type of high explosive.  It's a

      24   type of high explosive.  The main component is an explosive

      25   called RDX.

                                                                    2254

       1   Q.  The plastic explosives are they used in the detonation

       2   devices?

       3   A.  Plastic explosives can be used like any other explosive.

       4   The reason they're called plastic is because there is some

       5   materials put into them known as plasticizers, that is it make

       6   them pliable.  It's kind of like Silly Putty is how it looks

       7   and so you can mold it somewhat.

       8   Q.  Now, Agent Sachtleben, when the collection and evidence

       9   gathering was going on were you aware that the Israelis also

      10   had people involved in collection and gathering of evidence

      11   with respect to the embassy bombing?

      12   A.  I don't know about gathering evidence.  There was an

      13   Israeli urban search and rescue team there.  That is there was

      14   a group of Israelis who had come down to assist the Kenyans in

      15   the rescue of the wounded from the you Ufundi House.

      16   Q.  Are you aware, sir, that the Israelis conducted their own

      17   analysis forensic analysis of materials recovered from the

      18   bomb scene?

      19   A.  Yes, I'm aware that they took away some samples from the

      20   scene.

      21   Q.  Did they share that information with you?

      22   A.  I've seen a report, yes.

      23   Q.  And are you aware of the results of the Israeli forensic

      24   examination?

      25   A.  Yes.  Generally I'm aware of it, yes.

                                                                    2255

       1   Q.  Would you -- and you're also aware of the results of the

       2   FBI forensic examination, isn't that correct?

       3   A.  Certainly.

       4   Q.  Are those results the same?

       5   A.  They're not exactly the same, no.

       6   Q.  Now, sir, when a high explosive device is detonated and

       7   you have this explosion would it be fair to say that the

       8   explosive material is dispersed and dissipated, it's not going

       9   to remain in a large clump, isn't that correct?

      10   A.  Well, the explosive material isn't necessarily dissipated.

      11   What happens during a detonation is that a solid material is

      12   chemically changed from that solid into a gas, so that there

      13   is actually a molecular change that takes place.  Some times

      14   material does not react.  That is the explosive material

      15   doesn't change into the gas.  That material is sometimes

      16   projected away from the explosion site.

      17   Q.  But in the recovery process then in this particular case

      18   the items that you recovered they didn't have large amounts of

      19   explosive material on them, did they?

      20   A.  I'm not aware that any of these items that are here had

      21   any explosive material found on them.

      22   Q.  They just in fact gave an indication that some charring

      23   and pitting had occurred to indicate that it was in fact an

      24   explosion?

      25   A.  Yes.  What I looked at was the physical characteristics,

                                                                    2256

       1   that is the appearance and the changes that I observed from

       2   what I knew they looked like in their original states and from

       3   what they looked like when I saw them at the crime scene.

       4   Q.  When you were conducting your investigation you also had

       5   agents who were particularly assigned to do swabbing of

       6   particular material, isn't that correct?

       7   A.  That's correct.

       8   Q.  And that swabbing was in fact to gather material to see

       9   whether or not there were any traces of explosive devices in

      10   that material that they were swabbing, isn't that correct?

      11   A.  That is correct.

      12   Q.  And would it be fair to say that that swabbing would not

      13   reveal large amount of explosive devices, but what we call or

      14   where you would call in your expertise a trace amount, is that

      15   correct?

      16   A.  That is correct.

      17   Q.  Could you explain to the jury what a trace amount is?

      18   A.  Well, when an explosive reacts, when it changes from the

      19   solid to the gaseous state it leaves very minute in some cases

      20   microscopic particles of the chemicals that make up an

      21   explosive.  Those particles will actually adhere to other

      22   surfaces.  Very often they don't adhere to the pieces that are

      23   the closest to the explosion because of almost a scouring

      24   effect that you have on those pieces of metal there.

      25            We typically fine those particles away from the scene

                                                                    2257

       1   where they've had a chance to kind of slow down if you will

       2   and grab on to things.

       3   Q.  Because the whole process is that in order to change from

       4   a solid to a gas gets heated up and the molecule starts moving

       5   very fast, is that correct?

       6   A.  That's correct.

       7   Q.  And when it hits something it slows down the momentum and

       8   maybe will convert back to a solid or adhere to that

       9   particular surface, right?

      10   A.  That's right.

      11   Q.  Now, sir, how minuscule can the FBI or forensic analysis

      12   go in terms of determining what you described as trace

      13   evidence?  How small can it go?

      14   A.  I'd have to probably defer to the chemists to give you

      15   exact numbers.  I'm aware that it is an extremely small

      16   amount.  It is certainly smaller than what could be seen with

      17   the naked eye, and really we're talking microscopic levels.

      18   Q.  Even, and a high powered microscope at that, isn't that

      19   correct?

      20   A.  Certainly.

      21   Q.  Now, sir, the items that are on this table that you

      22   described as being from the truck, do those items contain the

      23   entirety of the truck parts that you found?

      24   A.  Oh, no, this is a fairly small number of pieces

      25   representative I have what we found.

                                                                    2258

       1   Q.  Did you during the course of your investigation recover

       2   parts of the truck that would allow you to associate them with

       3   the cab of the truck?

       4   A.  Cab.  I'm not -- perhaps you could define that a little

       5   more closely?

       6   Q.  Okay.  The cab would be the area where the person who is

       7   driving the truck is.

       8   A.  Okay.  Well, I found pieces that were identified to me as

       9   for example the brake pedal which I would associate with the

      10   cab of the vehicle.

      11            (Continued on next page)

      12

      13

      14

      15

      16

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    2259

       1   Q.  Where did you find the brake pedal?

       2   A.  I would have to look -- well, my recollection of the brake

       3   pedal was that it was located -- in fact, I think it might be

       4   on that table if I am not mistaken.  It was located in what we

       5   termed the rubble pile.

       6            MR. WILFORD:  Can we have 802-CDS up again, please.

       7   Q.  Agent Sachtleben, looking at that particular exhibit,

       8   could you demonstrate for the jury where it was that you

       9   recovered the brake pedal?

      10   A.  The best I am going to be able to do is give you the

      11   general area of the rubble pile, but I must caution you and

      12   say that I have to review the evidence tag on that piece to

      13   say in fact that it was from the rubble pile.  That is my

      14   recollection at this point.

      15            MR. WILFORD:  Your Honor, with the court's

      16   permission, can Agent Sachtleben step down and come to the

      17   table?

      18            THE COURT:  Yes.  Agent, tell us the exhibit number.

      19            THE WITNESS:  Yes, sir.  I am referring here to

      20   Government's Exhibit 818.  This piece here was identified for

      21   me as the brake pedal, and the location -- and I was mistaken

      22   in my recollection.  The location was not the rubble pile.

      23   Generator building of American Embassy.

      24   Q.  Could you return to the witness stand and indicate on

      25   802C-DS where that is.

                                                                    2260

       1            Are you OK?

       2   A.  Yes.  The hazards of testifying.

       3            If I may be permitted to mark on this.

       4            MR. WILFORD:  As long as the government has no

       5   objection.

       6            THE COURT:  Go ahead.

       7   A.  I am going to circle -- this is a building that on this

       8   diagram is not labeled, but my recollection is that that

       9   square, if you will, is the generator house.

      10   Q.  This area right here on the exhibit?

      11   A.  Yes, sir.

      12   Q.  The container portion of the truck, Agent, did you find

      13   any pieces of the container portion of the truck?

      14   A.  If you are referring to, say, the sheetmetal or the wood

      15   or whatever form the rear area of the truck?

      16   Q.  Yes.

      17   A.  Not to my knowledge, no.

      18   Q.  None whatsoever?

      19   A.  None that could be identified as such.  We certainly found

      20   fragments of wood and sheetmetal, but none that we could say

      21   to any degree of certainty came from this particular Toyota

      22   truck.

      23   Q.  When you were discussing previously with Mr. Karas the

      24   location for your estimation of the location of the vehicle,

      25   you said that there was a range that it could have been in; is

                                                                    2261

       1   that correct?

       2   A.  Yes.

       3   Q.  Would you be kind enough to exhibit that range by drawing

       4   it.

       5   A.  Certainly.  What I am drawing is a curved line, and I will

       6   put at either line an airhead -- I am attempting to put an

       7   airhead -- to indicate that generally that swing could

       8   represent the orientation of the vehicle.

       9   Q.  Of the vehicle?

      10   A.  Of the truck, yes.  The rear end of the truck could very

      11   well have been oriented to the either left as you are looking

      12   at the diagram or right of that curved line with the airheads.

      13            MR. WILFORD:  Thank you.  No further questions.

      14            THE COURT:  Mr. Baugh on behalf of the defendant

      15   Al-'Owhali.

      16            MR. BAUGH:  Just a few.

      17   CROSS-EXAMINATION

      18   BY MR. BAUGH:

      19   Q.  Good morning, sir.

      20   A.  Good morning.

      21   Q.  The Ufundi House collapsed?

      22   A.  Yes, sir.

      23   Q.  And the American Embassy did not?

      24   A.  No, sir, it did not.

      25   Q.  Did you notice something in the difference of the

                                                                    2262

       1   construction that caused that to occur?

       2   A.  Again, I am not an architect or engineer but it appeared

       3   to me that perhaps the American Embassy had some greater

       4   substance to it.

       5   Q.  When you say substance, did you notice a difference in the

       6   amount of reinforcement?

       7   A.  I never actually saw any of the internal structure of the

       8   American Embassy because it was largely intact.

       9   Q.  What is over-pressure, by the way?

      10   A.  Over-pressure is the shock wave that is produced in an

      11   explosion.  If you wanted to perhaps visualize it, if you can

      12   think of when you drop a pebble in a pond and you see those

      13   ripples that come off when the pebble strikes the pond, that

      14   is a kind of visualization of the pressure waves that come off

      15   an explosion.

      16   Q.  Do the pressure waves come in all speeds from all

      17   directions or can they be affected by being, for instance,

      18   behind the cab of a truck?

      19   A.  The effect would be negligible based on that quantity of

      20   explosives.

      21   Q.  To destroy the embassy, would it be better to put the

      22   device as close to the embassy as possible?

      23   A.  Certainly.

      24   Q.  Under the embassy would have been the optimum place to

      25   destroy the embassy?

                                                                    2263

       1   A.  I don't think I am qualified to judge that.  It is

       2   possible but there are so many variables that I couldn't say

       3   for certain.

       4   Q.  If the device had been situated under the American

       5   Embassy, within these walls contained around here, would that

       6   have lessened the damage to these other buildings?

       7   A.  It could have.

       8   Q.  Would it have been foreseeable to you, for instance, that

       9   if the bomb was placed underneath the embassy, the Ufundi

      10   House could have collapsed?  Would that have been conceivable?

      11   A.  It would be possible but perhaps less likely.

      12   Q.  Would it minimize damage to others, placing the bomb under

      13   the embassy?

      14   A.  Define others.

      15   Q.  Other than Americans.  If you wanted to protect the lives

      16   of Kenyans in these other buildings, the Cooperative House and

      17   the Ufundi House, would the best place to have place a device

      18   been within the walls of the embassy?

      19   A.  I don't know about the Kenyans in the American Embassy but

      20   perhaps the people outside.

      21   Q.  But it would have helped these people in the other

      22   buildings?

      23   A.  Possibly.

      24   Q.  Based on what you could observe of the three structures

      25   here, would you say that the U.S. Embassy was a more durable

                                                                    2264

       1   building?  Better made?

       2   A.  It held up better than the Ufundi House, and the damage to

       3   the Cooperative Bank was similar.

       4            THE COURT:  Similar to the embassy?

       5            THE WITNESS:  Yes, sir, similar to the embassy.

       6   Q.  So the people in the U.S. Embassy would have been better

       7   protected than the people outside the building and the people

       8   in these other buildings?

       9   A.  Perhaps -- see if I can break that question down.

      10   Q.  Would the people inside the embassy building have been

      11   better protected than the people standing outside?

      12   A.  Based on what scenario?

      13   Q.  The size of the explosion and where it was situated.

      14   A.  Yes, the people in the embassy were perhaps better

      15   protected against, say, collapse but not against blast

      16   pressure and the effect of breaking glass.

      17   Q.  In your training and experience, were you surprised to see

      18   that the Ufundi building collapsed entirely?

      19   A.  Not particularly.  Again, I am not an engineer so I can't

      20   necessarily say what caused that building to collapse.

      21   Q.  Didn't you evaluate that in determining the size of the

      22   device?

      23   A.  No, other than just coming to the conclusion that there

      24   was a large quantity of explosives present in the parking lot

      25   behind the embassy.

                                                                    2265

       1   Q.  And the damage from this bomb would have radiated equally

       2   in all directions?

       3   A.  Yes, sir.

       4            MR. BAUGH:  Thank you.

       5            THE COURT:  Anything further of this witness?

       6            MR. WILFORD:  Your Honor, I do have a question based

       7   on the questioning.

       8            THE COURT:  Yes.

       9            MR. WILFORD:  Your Honor, I just need one second.

      10   Your Honor, may I approach the witness with a blank piece of

      11   paper?

      12            THE COURT:  Yes.

      13            MR. WILFORD:  Which we will mark Odeh AA for

      14   identification.

      15   CROSS-EXAMINATION

      16   BY MR. WILFORD:

      17   Q.  With the court's permission, I would ask that Agent

      18   Sachtleben draw a diagram of the pebble effect that he was

      19   discussing with Mr. Baugh.  Could you be kind enough to start

      20   in the center of the page, Agent.

      21   A.  Certainly.

      22   Q.  Thank you.

      23   A.  What I will do is assume that this entire sheet of paper

      24   would perhaps be representative of a pond, and I will draw a

      25   circle in the center, put an X in it, and that would represent

                                                                    2266

       1   the pebble dropping into the pond.

       2            Now I am going to draw the best I can a series of

       3   circles around that, and for simplicity I will just do five,

       4   and then I am going to draw some arrows in four directions,

       5   leading away from the pebble in the center, if you will.

       6            MR. WILFORD:  Your Honor, I would ask if the

       7   government has an objection to this item coming in.

       8            MR. KARAS:  No objection.

       9            MR. WILFORD:  I am offering it in.  I would also like

      10   to have it published to the jury.

      11            THE COURT:  It may be published.

      12            MR. WILFORD:  Subsequent to the publication, I have

      13   no further questions.

      14            MR. BAUGH:  Nothing further.

      15            THE COURT:  Odeh AA.

      16            (Defendant's Exhibit Odeh AA received in evidence)

      17            MR. KARAS:  Just one question, your Honor.

      18   REDIRECT EXAMINATION

      19   BY MR. KARAS:

      20   Q.  Agent Sachtleben, the shock waves you described, can they

      21   bounce off those structures and sort of shock back, as it

      22   were?

      23   A.  Yes.  Perhaps if I could use one other brief analogy to

      24   illustrate that.  This, of course, what you see on the screen

      25   here, is to the ripple effect.  The only problem with this

                                                                    2267

       1   analogy is that we all think of the ripples of a pebble as

       2   kind of benign.  They gently go off and dissipate at the end.

       3   Perhaps if you thought of it more as a billiard table and you

       4   think about the rack, the triangle, the billiard balls, and

       5   when you pack them very tightly together and you strike the

       6   cue ball and the cue ball goes into that triangle and hits it

       7   with some force, and those balls are broken apart and go off

       8   in all directions, if you do it hard enough and you have a big

       9   enough person doing this, they can come off with a great deal

      10   of violence, and when they come to the rail of the tables,

      11   they bounce and come back and strike each other again.  That's

      12   what is happening when you take the quantity of explosives,

      13   you hit it with a shock wave and break that explosive apart

      14   and release its energy.

      15            So yes, this diagram here does show just the ripples

      16   coming above but what it doesn't show is when they strike the

      17   side of a building and bounce back into where the bomb is

      18   located, now you have the force going in almost every

      19   conceivable direction depending on the angles surrounding it.

      20            MR. KARAS:  Thank you.  No further questions.

      21            MR. WILFORD:  Judge?

      22            THE COURT:  Yes.

      23   RECROSS-EXAMINATION

      24   BY MR. WILFORD:

      25   Q.  Agent Sachtleben, you are absolutely correct, the shock

                                                                    2268

       1   waves will bounce back, correct?

       2   A.  Yes.

       3   Q.  But we are talking about the point of ignition.  When the

       4   explosive device is ignited, when it first occurs, that is

       5   what you are talking about from a pebble being dropped in the

       6   stream and it goes out, expands in all directions.

       7   A.  Yes.  It releases from the point of detonation.  It may

       8   not be the center.  From where the explosives are detonated

       9   the energy releases and goes out in a 360-degree pattern.

      10            MR. WILFORD:  Thank you very much.

      11            THE COURT:  Thank you, Agent.  You may step down.

      12            (Witness excused)

      13            MR. KARAS:  Your Honor, the government calls Junichi

      14   Myagi.

      15    JUNICHI MYAGI,

      16        called as a witness by the government,

      17        having been duly sworn, testified as follows:

      18            (Eugene Nakada was duly sworn as the Japanese

      19   interpreter)

      20    DIRECT EXAMINATION

      21   BY MR. KARAS:

      22   Q.  Good morning, sir.  Can you tell us a little about your

      23   education.

      24   A.  In 1966 I graduated from the University of Yamanashi.

      25   Q.  What did you study there?

                                                                    2269

       1   A.  I studied mechanical engineering.

       2   Q.  Where did you first begin to work after you graduated from

       3   the University of Yamanashi?

       4   A.  Immediately I was employed by the Toyota Motor

       5   Corporation.

       6   Q.  That is in 1966?

       7   A.  Yes.

       8   Q.  For how long did you work for Toyota?

       9   A.  It has been about 32 years.

      10   Q.  Where do you work currently?

      11   A.  This January, I retired as the general manager, one of the

      12   general managers, at the Toyota Motor Corporation.  Since then

      13   I was employed by the subsidiary of Toyota called Araco, where

      14   I am general manager of the research and engineering

      15   department.

      16   Q.  What type of work does Araco do?  What type of business it

      17   is it?

      18   A.  The Araco Company designs the body of Toyota vehicles that

      19   are mounted on a Toyota chassis and frame.  We also

      20   manufacture the seats installed in the Toyota vehicles.

      21   Q.  While you worked for the Toyota Corporation, what did you

      22   do?

      23   A.  As soon as I joined the Toyota Corporation, my job was to

      24   design, I was assigned to the designing section of the Toyota

      25   Dyna company.

                                                                    2270

       1   Q.  What type of vehicle is a Toyota Dyna?

       2   A.  It's, roughly speaking, a 2-ton truck.

       3   Q.  Between 1966 and 2000, can you tell us about some of the

       4   positions you have held within the Toyota company.

       5   A.  When I first started working I was designing part of the

       6   Dyna.  By 1975 I was the assistant manager in charge of the

       7   overall design of the chassis and frame of the Dyna.

       8   Q.  Can you tell us -- I am sorry, go ahead.

       9   A.  By 1985 I was the manager in charge of the overall design

      10   of the Dyna frame, plus five other vehicles of the Toyota

      11   Corporation.  In 1983, I became the manager and I was in

      12   charge of the designing of Toyota Dyna as well as five other

      13   vehicles.  In 1991, I became the general manager responsible

      14   for the designing of the frame and chassis of 10 vehicles,

      15   including the Toyota Dyna.

      16   Q.  Can you tell us what exactly a chassis is.

      17   A.  A chassis is, using a human body as an example, it would

      18   be like our leg.

      19   Q.  What function does it serve for the vehicle?

      20   A.  It enables the vehicle to be anal to able to run, stop,

      21   turn, and that type of function.

      22   Q.  Can you give us some examples of what are considered

      23   chassis parts?

      24   A.  Front axle, rear axle, steering mechanism, and the frame.

      25   Q.  Can you tell us what a frame is.

                                                                    2271

       1   A.  It's the component that supports these chassis.

       2   Q.  Mr. Miyagi, are you familiar with a Dyna model known as an

       3   MDGT?

       4   A.  Yes, I am aware of it.

       5   Q.  Did Toyota start to produce that model before or after you

       6   began working for Toyota?

       7   A.  It is after I started work for Toyota.

       8   Q.  What role did you have in the production of the MDGT?

       9   A.  I was responsible for the designing of its chassis.

      10   Q.  Can you tell us what the M stands for within MDGT?

      11   A.  M refers to the manual transmission.

      12   Q.  What about the D?

      13   A.  It's the type of vehicle referring to -- the D stands for

      14   deluxe.

      15   Q.  And the G?

      16   A.  It indicates that the truck bed is at a low level and that

      17   it is lined with wood.

      18   Q.  It's a flat bed?

      19   A.  It's flat, yes.

      20   Q.  Finally, can you tell us what the T means.

      21   A.  It refers to the rear tire.  It means that on one side

      22   there are two wheels, so on the rear there would be a total of

      23   four tires.

      24   Q.  Can you distinguish between the cab and the bed?

      25   A.  A cab is where the driver and his assistant would be

                                                                    2272

       1   sitting.  It's that compartment.  The bed would be where the

       2   load is carried.

       3   Q.  In the mid-1980's, Mr. Myagi, can you tell us how much the

       4   average MDGT weighed?

       5   A.  The vehicle itself weighed two tons.  With a load it would

       6   weigh four tons.

       7   Q.  Can you tell us in the mid-1980's how long the truck bed

       8   was of the MDGT?

       9   A.  About 3,100 millimeters.

      10   Q.  Does that translate into approximately 3 meters?

      11   A.  That's right.

      12   Q.  Mr. Miyagi, did there come a time that you were asked to

      13   go to Washington, D.C. and meet with officials from the FBI?

      14   A.  Yes, I met them.

      15   Q.  Do you remember when, approximately, that was?

      16   A.  The first time it was in June 1999.  The second time was

      17   also in June, year 2000.

      18   Q.  What did you do when you went to the FBI?

      19   A.  I extracted -- there were many parts laying around.  From

      20   there, my job was to identify and extract what belonged to a

      21   Dyna.

      22   Q.  Were you able to find parts that you identified as being

      23   from a Dyna?

      24   A.  Yes, I was able to.

      25   Q.  Can you tell us whether or not you were able to identify

                                                                    2273

       1   parts that were unique to an MDGT model of a Dyna?

       2   A.  Yes, there were.

       3            MR. KARAS:  If we could display Government's Exhibit

       4   380, please, which is already in evidence.

       5   Q.  Mr. Myagi, if you could look to the screen there to your

       6   left.

       7   A.  Yes.

       8   Q.  Do you recognize what is on the screen?

       9   A.  This is the Dyna parts that were identified among other

      10   others, and were displayed.

      11   Q.  Can you tell us on which side of the picture are what

      12   would have been front pieces of the Dyna appear.

      13   A.  It's on the right side.

      14   Q.  And the rear pieces?

      15   A.  It's aligned on the left side of the screen.

      16   Q.  Mr. Myagi, when you were involved in the design of the

      17   chassis parts, were you also involved in the creation of

      18   blueprints or diagrams of these parts?

      19   A.  Yes, I took part.

      20   Q.  Mr. Myagi, I would like to have you shown what has been

      21   marked as Government's Exhibit 841A through 841F.  Take a

      22   moment to review each one.

      23   A.  Yes, I have recognized these.

      24   Q.  If you want to take a look at all of them and then I will

      25   ask you some questions.

                                                                    2274

       1   A.  Yes.  Yes.  Yes.  Yes.

       2   Q.  Mr. Myagi, can you tell us what those exhibits are?

       3   A.  Those are the design drawings of parts of the Dyna.

       4   Q.  Does your name appear on those design drawings?

       5   A.  Yes, I see my signature.

       6   Q.  Are they fair and accurate depictions of the design

       7   drawings that you participated in creating?

       8   A.  It's the same thing.

       9            MR. KARAS:  Your Honor, the government offers

      10   Government's Exhibits 841A through 841F.

      11            MR. WILFORD:  No objection.

      12            THE COURT:  Received.

      13            (Government's Exhibits 841A through 841F received in

      14   evidence) kilo.

      15            MR. KARAS:  Your Honor, may I ask that Mr. Myagi be

      16   asked to step down and approach the exhibit table?

      17            THE COURT:  Yes.

      18   Q.  Mr. Myagi, if you would like to put them on, there is a

      19   pair of gloves there.  Mr. Myagi, could you take a look at the

      20   piece marked with little yellow stickers 816, which should be

      21   towards the left side of the table.

      22   A.  Yes.

      23   Q.  Could you tell us what that part is.

      24   A.  This is a support assembly to support the rear spring

      25   suspension on the rear.

                                                                    2275

       1   Q.  Can you tell us whether or not that part is unique to the

       2   Dyna MDGT model?

       3   A.  Yes.

       4   Q.  Did you help design that part?

       5   A.  Yes, I participated.

       6   Q.  And looking at the drawing that is marked as Government's

       7   Exhibit 841A, if you could point to where that part appears,

       8   on the diagram.  The piece you just identified, is it on that

       9   diagram?

      10   A.  This portion is drawn right in.  This portion is right

      11   there.

      12   Q.  Referring to the lower left-hand corner of the diagram.

      13   A.  This portion is reflected.

      14   Q.  If you could take a look at the piece marked as

      15   Government's Exhibit 817, which should be near the piece you

      16   just picked up.

      17   A.  Yes, I found it.

      18   Q.  Can you tell us what that piece is.

      19   A.  It's part of a support bracket that supports the spring

      20   suspension assembly.

      21   Q.  Did you help design that piece?

      22   A.  Yes, I participated.

      23   Q.  If you could look at the diagram marked as 841B and point

      24   to where that appears on the diagram.

      25   A.  Yes, it's reflected there.

                                                                    2276

       1   Q.  By the way, does your name appear on that diagram marked

       2   as 841B?

       3   A.  Yes, that's where it is written.

       4   Q.  Down at the bottom right, for the record.

       5   A.  Yes.

       6   Q.  Mr. Myagi, if you could put that piece down, and just

       7   point to Government's Exhibits 822 and 823.  I think 823 is

       8   just to the right of the piece you just had.

       9   A.  Yes, I see.

      10   Q.  Can you tell us what those are.

      11   A.  This is portion of the Toyota Dyna rear axle assembly.

      12   Q.  Can you tell us whether or not those pieces are unique to

      13   the MDGT model?

      14   A.  Yes.

      15   Q.  What is the distinguishing characteristic of those pieces

      16   among the other Dyna rear axle pieces?

      17   A.  As you can see, this has only four holes to mount the

      18   part.  All others will have six holes to mount.

      19   Q.  Did you help design the rear axle piece for the MDGT?

      20   A.  Yes.  It's my design.

      21   Q.  And if you look at the diagram that is marked as 841C, can

      22   you point to the four holes in the diagram.

      23   A.  Yes.

      24   Q.  If you could just point to where they are on the diagram.

      25   A.  The four holes here are reflected there.

                                                                    2277

       1   Q.  Mr. Myagi, if you could take a look at what is marked

       2   Government's Exhibit 821, just to the right of the axles.

       3   A.  I found it.

       4   Q.  Can you tell us what that piece is.

       5   A.  This is part of a Toyota Dyna frame, the rear portion.

       6   Q.  Is that piece unique to the MDGT?

       7   A.  Yes.

       8   Q.  Does it appear on that diagram behind you?

       9   A.  Yes, it's drawn there.

      10   Q.  Which, for the record, is marked as 841D.

      11            Mr. Myagi, could you take a look at the piece marked

      12   as 815.  What piece is that?

      13   A.  It is a fragment of the front portion of the Toyota frame,

      14   Toyota Dyna frame.

      15   Q.  Can you tell us if it's the left or the right portion?

      16   A.  This belongs to the right side.

      17   Q.  How do you know that?

      18   A.  There is a frame number marked there.  A frame number like

      19   this is always stamped on the right side.

      20   Q.  Can you tell from the frame number if that's a Toyota Dyna

      21   part?

      22   A.  Yes, I recognize.

      23   Q.  Just by your right hand there, if you could take a look at

      24   the brake pedal marked as 818, and do you see the number 82

      25   stamped on that part?

                                                                    2278

       1   A.  Why, it's marked there.

       2   Q.  Can you tell us whether or not you recognize that as a

       3   Dyna brake pedal?

       4   A.  It shows that it belongs to a Dyna with a right steering

       5   wheel.

       6   Q.  And if you could take a look at what has been marked as

       7   828, just by your right hand there.

       8   A.  Yes, I see.

       9   Q.  Can you tell us what that is?

      10   A.  This is part of a Toyota Dyna front axle.

      11   Q.  Is there anything about that part that tells you whether

      12   that part was used in a right side or left side driver

      13   vehicle?

      14   A.  On the vehicle it would be roughly in this position, and

      15   facing the front, to my front would be the front.  Therefore,

      16   it can be said that this belongs to the right side.

      17   Q.  Are there any markings on that piece that tell you which

      18   side the driver is on?

      19   A.  Yes.  Here is stamped UR.

      20   Q.  Thank you.  If you could take a look at what has been

      21   marked as Government's Exhibit 826, which I believe is the

      22   Pittman arm.  Can you tell us what that part is used for.

      23   A.  It's attached to the steering gearbox.  As the steering

      24   wheel rotates, it moves back and forth.

      25   Q.  Could you, if you sort of face the table, show the jury

                                                                    2279

       1   how that piece is oriented, which is the front and which is

       2   the back.

       3   A.  This is way up front of the vehicle.  It's on the right

       4   side.  So the front of the vehicle will be in this way.

       5   Q.  Do you see any damage on that piece?

       6   A.  Yes, I see damage on that side.

       7   Q.  The side that you say you see damage on, which way would

       8   that be facing?  To the front of the truck or the back?

       9   A.  The vehicle when facing front, this would point to the

      10   rear side of the front.

      11   Q.  Is that piece used in all Toyota Dyna trucks?

      12   A.  Just there is a letter P stamped right there.  This

      13   indicates that it is used only for power steering models.

      14   Q.  Do you see that part on the diagram marked as 841F?

      15   A.  That's the portion and that's where the letter P appears.

      16   Q.  Thank you.  Do you see an engine block on that table?

      17   A.  I see one component that belongs to an engine.

      18   Q.  Can you tell us whether or not that type of engine block

      19   was used in Toyota Dyna MDGT vehicles?

      20   A.  This is the component from a B type engine which is also

      21   used in the --

      22   Q.  In MDGT vehicles?

      23   A.  Yes, it is being used.

      24   Q.  And I believe for the record that is Government's Exhibit

      25   825.

                                                                    2280

       1            MR. KARAS:  I have no further questions.  Mr. Myagi,

       2   if you would like to resume the witness stand.

       3            MR. RICCO:  Judge, can he stay there?

       4            THE COURT:  Yes, certainly.  Would you ask the

       5   witness to go back to the table.  Cross-examination by Mr.

       6   Ricco on behalf of defendant Odeh.

       7   CROSS-EXAMINATION

       8   BY MR. RICCO:

       9   Q.  Good morning, sir.  Many parts that we see here are of

      10   cast iron; isn't that correct?

      11   A.  Cast iron is only a portion of the displayed items.

      12   Q.  Yes, sir.  And other pieces are forged steel; isn't that

      13   correct?

      14   A.  Yes.

      15   Q.  The cast iron is used in the undercarriage of the vehicle

      16   so that it can withstand great weight; isn't that correct?

      17   A.  Although only cast iron part would be shown right there,

      18   yes, cast iron materials are down there.

      19   Q.  And this would be Government's Exhibit 827.

      20   A.  Yes.

      21   Q.  And other pieces that are here are forged steel; isn't

      22   that right?

      23   A.  Most appear to be that way but there are some which are

      24   already excluded in a board form.

      25   Q.  These materials are used so that they can withstand great

                                                                    2281

       1   weight and pressure over a long time period?

       2   A.  Yes.

       3   Q.  The destruction that we see to these parts, for example, a

       4   car accident could not have caused this type of destruction;

       5   isn't that correct?

       6   A.  That's correct.

       7   Q.  This was caused from a powerful force; isn't that right?

       8   A.  That's what I figure.

       9   Q.  Right.  To get the crankshaft out of an engine, out of an

      10   engine block, takes a great amount of power and force; isn't

      11   that correct?

      12   A.  That's correct.

      13   Q.  The bed area of the truck, the Toyota truck, doesn't have

      14   a covering, right?

      15   A.  Could you explain that portion, the cover.

      16   Q.  The design of the truck has a flat bed which is made of

      17   wood, right?

      18   A.  Yes.

      19   Q.  Is the flat bed area covered?

      20   A.  Some have covers, others don't.

      21   Q.  Are you able to tell us whether or not this vehicle had a

      22   cover or not?

      23   A.  No, I am not able to.

      24   Q.  Because there were no parts recovered from the cover that

      25   Toyota makes that is present here; isn't that right?  I will

                                                                    2282

       1   rephrase the question.

       2            Toyota makes some trucks with a cover, but those

       3   covers are used with a different type of material than the

       4   materials we see here on the table; isn't that right?

       5   A.  That is correct.

       6   Q.  What type of material is used for the cover on the Toyota

       7   truck?

       8   A.  There are so many different types of cover that I am not

       9   able to generalize.

      10   Q.  And I don't want you to.  But certainly the covers are not

      11   made from cast iron and the type of heavy material and metals

      12   that we see here.

      13   A.  That's correct.

      14            (Continued on next page)

      15

      16

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    2283

       1            MR. RICCO:  I have no further questions.  Thank you

       2   very much.

       3            THE COURT:  Anything further of this witness?  Any

       4   redirect?

       5            MR. KARAS:  No, your Honor.  Thank you.

       6            THE COURT:  Thank you, sir.  We will take our

       7   mid-morning recess.

       8            (Witness excused)

       9            (Jury excused)

      10            THE COURT:  We will take a recess.

      11            (Recess)

      12            (Continued on next page)

      13            (In open court; jury present)

      14            THE COURT:  Ladies and gentlemen, I understand you

      15   had some questions and I got a message from the jury

      16   commissioner, Mr. Rogers, saying that he will see you at lunch

      17   tomorrow when he distributes checks and he will be able to

      18   answer those questions.  I don't know what they were, but they

      19   are not forgotten.

      20            The government may call it's next witness.

      21            MR. BUTLER:  Your Honor the government calls Said

      22   Salim Omar.

      23    SAID SALIM OMAR,

      24        called as a witness by the government,

      25        having been duly sworn, testified as follows:

                                                                    2284

       1   DIRECT EXAMINATION

       2   BY MR. BUTLER:

       3   Q.  Mr. Omar, how old are you, sir?

       4   A.  I'm thirty-one years old.

       5   Q.  Where do you live?

       6   A.  In Mombasa, Kenya.

       7   Q.  And how are you employed?

       8   A.  I was employed in warehouse company in Mombasa.

       9   Q.  And when did you cease being employed in a warehouse

      10   company in Mombasa?

      11   A.  Last year, December.

      12   Q.  And were you employed there in 1998?

      13   A.  I was employed there as from 1993.

      14   Q.  And also in 1998?

      15   A.  Up to 2000.

      16   Q.  Are you involved in any other businesses?

      17   A.  Of course.

      18   Q.  What other business are you involved in?

      19   A.  Poultry farming.

      20   Q.  Were you involved in your poultry farming business in 1998

      21   as well?

      22   A.  As from 1996 to date.

      23   Q.  And did there come a time when you purchased a truck in

      24   connection with your poultry business?

      25   A.  Of course, yes.

                                                                    2285

       1   Q.  And do you recall what kind of truck that was?

       2   A.  Yes.

       3   Q.  What kind of truck was it?

       4   A.  It was a Toyota Dyna truck.

       5   Q.  Approximately when did you purchase that truck?

       6   A.  It was early 1998, approximately May.

       7   Q.  Who did you purchase that truck from?

       8   A.  From Acca Insurance Company based in Mombasa.

       9   Q.  And could you just describe the truck for us, please?  For

      10   example, what color was the truck?

      11   A.  It was a beige color.

      12   Q.  And what did the back of the truck look like?

      13   A.  It was an open body truck with an open sides.

      14   Q.  And was it a flat bed truck in the rear?

      15   A.  It was a flat bed truck.

      16   Q.  What was the bed made out of?

      17   A.  It was made of wooden base, and sides were made of metal

      18   sheets.

      19   Q.  And how many tires were in the rear of the truck?

      20   A.  Four tiers.

      21   Q.  And how many tires were in the front of the truck?

      22   A.  Two tires.

      23   Q.  And what side of the truck was the steering wheel on?

      24   A.  Right-hand drive.

      25   Q.  And approximately how long was the bed of the truck?

                                                                    2286

       1   A.  Not less than ten feet.

       2   Q.  Just explain to the jury briefly, if you can, what types

       3   of documents are exchanged when somebody buys a truck in

       4   Kenya?

       5   A.  You first make a document with the person the truck of

       6   possessing it from you.  Then they transfer from that the

       7   person normally signs.  The transfer form is normally taken to

       8   the registration office in Nairobi to change ownership of the

       9   truck to the person possessing the truck.

      10            MR. BUTLER:  Your Honor, may I approach?

      11            THE COURT:  Gentlemen.

      12   Q.  I put before you Mr. Omar what has been marked as

      13   Government Exhibits 583 A through D.  Do you recognize those

      14   documents marked Government Exhibits 583 A through D?

      15   A.  Yes, I do.

      16   Q.  And what are Government Exhibits 583A through D?

      17   A.  First one is a sale document, the second one is an

      18   insurance receipt and the third one is an inspection check

      19   form.

      20   Q.  You've only listed three.  Let's start first.  What's

      21   Government Exhibit 583A?

      22   A.  What's that?

      23   Q.  What is Government Exhibit 583A?

      24   A.  This one is a sale document.

      25   Q.  And what is Government Exhibit 583B?

                                                                    2287

       1   A.  It's an insurance form, receipt.

       2   Q.  And what is Government Exhibit 583C?

       3   A.  An inspection form.

       4   Q.  And what is Government Exhibit 583D?

       5   A.  Sorry.  I couldn't see it here.  It's an inspection form.

       6   Q.  Were these documents something that you prepared in

       7   connection with your purchase of the vehicle?

       8   A.  Yes.

       9            MR. BUTLER:  Your Honor, I offer Government Exhibits

      10   583A through D at this time.

      11            MR. WILFORD:  No objection.

      12            THE COURT:  Received.

      13            (Government's Exhibits Government Exhibits 583A

      14   received in evidence)

      15            MR. BUTLER:  If we could just publish to the jury

      16   Government Exhibit 583A, please.

      17   Q.  Now looking at Government Exhibit 583A what date is listed

      18   as the purchase of the vehicle?

      19   A.  18 May '98.

      20   Q.  Going down the page, what is the make of the vehicle

      21   listed there?

      22   A.  It's a Toyota DYNA pickup.

      23   Q.  Is that consistent with your recollection of the truck

      24   that you purchased in May?

      25   A.  Yes, sir.

                                                                    2288

       1   Q.  Now, looking at the chassis number, could you read off the

       2   chassis number for the jury there?

       3   A.  BU61-0001636.

       4   Q.  And what was the registration number of the vehicle?

       5   A.  KAG662B.

       6   Q.  And how much did you pay to purchase this vehicle?

       7   A.  240,000 Kenya shillings.

       8   Q.  Tell me what did you use this vehicle for?

       9   A.  I used it to, since I am a poultry farmer I used to carry

      10   the poultry feed from the manufacturing company to my farm.

      11   Q.  Did there come a time that you sold this truck?

      12   A.  Yes.

      13   Q.  And approximately when did you sell the truck?

      14   A.  Approximately one and a half to two months from the date I

      15   purchased the truck.

      16   Q.  So that would put it sometime in late June or early July,

      17   1998 approximately correct?

      18   A.  Yes.

      19   Q.  And who did you sell the truck to?

      20   A.  I sold it to Mr. Sheikh Ahmed Swedan.

      21   Q.  Who is Sheikh Ahmed Swedan?

      22   A.  He's a businessman in Mombasa.

      23   Q.  And did you know Mr. Sheikh Ahmed Swedan?

      24   A.  Yes.

      25   Q.  And how long did you know him for?

                                                                    2289

       1   A.  I knew him for a long because he's just our neighbor.  He

       2   lives three blocks from my father's house.

       3   Q.  If we could just show the witness just for identification

       4   Government Exhibit 123, please.

       5            Do you recognize that photograph?

       6   A.  Yes.

       7   Q.  Who is depicted in that photograph?

       8   A.  Is Sheikh Ahmed Swedan.

       9            MR. BUTLER:  Your Honor, I would offer Government

      10   Exhibit 123 at this time.

      11            THE COURT:  Yes.  Received.

      12            (Government's Exhibit 123 received in evidence)

      13            MR. BUTLER:  Your Honor, at this point I think the

      14   parties would like it if the Court could read the stipulation

      15   to the jury.

      16            THE COURT:  Yes.  May I see counsel at the bench,

      17   please.

      18            (At the sidebar off the record)

      19            THE COURT:  Ladies and gentlemen, the parties have

      20   stipulated that the Sheikh Ahmed Swedan referred to by Mr.

      21   Omar in his testimony is not the Ahmed Sheikh associated with

      22   Mercy International relief agency who is referred to by the

      23   government witness L'Houssaine Kerchtou during his testimony.

      24            The full name of the Ahmed Sheikh referred to by Mr.

      25   Kherchtou is Ahmed Sheikh Adan, and he is known also as Ahmed

                                                                    2290

       1   Tawil.  The real name of the Sheikh Ahmed Swedan referred to

       2   Mr. Omar is Sheikh Ahmed Salim Swedan and is also known as

       3   Sheikh Ahmed Swedan and Sheikh Bahamadi.

       4   Q.  Mr. Omar, I believe you testified that Ahmed Sheikh Swedan

       5   was a businessman in the Mombasa, correct?

       6   A.  Yes.

       7   Q.  Do you know what business he was involved in?

       8   A.  Transportation.

       9   Q.  And when you say transportation, what would he transport?

      10   A.  He used to transport cargos from the Mombasa port to some

      11   warehouses within Mombasa and sometimes up country.

      12   Q.  And what types of vehicles would he use to do that?

      13   A.  Long trucks, open vehicles.

      14   Q.  Did there come a time when Ahmed Sheikh Swedan appearance

      15   changed from how you previously knew him?

      16   A.  Yes, from the picture we see here he appeared changed.

      17   Q.  How did he change?

      18   A.  This time when he came to me he had long beard.  He put on

      19   a Pakistan way of clothing and he looked so religious.

      20   Q.  And when were you first contacted by Ahmed Sheikh Swedan

      21   about possibly selling the truck to him?

      22   A.  I cannot remember the date, but it was one afternoon where

      23   we had just left for afternoon prayers about to go to the

      24   office, he came to me and asked me if I would sell the truck

      25   to him.

                                                                    2291

       1            Then I jokingly said that if you pay me $10,000 I can

       2   sell the truck to you.  I never expected that man to just

       3   agree with the price so easily as he did.  He just asked me to

       4   give him the key.  I gave him the key of the truck.  He went

       5   around one of the Mombasa streets to test the truck.  Then he

       6   came back to me and told me fine.  He wanted to pay me the

       7   $10,000, but I refused that $10,000.  I then asked him if he

       8   can pay that Kenya shilling.

       9   Q.  Approximately in 1998 approximately how many Kenyan

      10   shillings was $10,000?

      11   A.  Approximately 550,000 Kenya shillings.

      12   Q.  Did Ahmed Sheikh Swedan talk to you about any

      13   specifications that he needed for the truck?

      14   A.  Yes.  He first asked me what weight the truck could carry.

      15   I then told him I normally carry feed up to three tons to

      16   three and a half tons.  He then asked me if that weight on the

      17   truck if the truck could climb mountains.  I told him I live

      18   in Kilifi where it's so mountainous and I do it easily

      19   everyday.

      20   Q.  And did you eventually, did you agree to sell the truck to

      21   Mr. Swedan at that time?

      22   A.  Yes.

      23   Q.  And how were you paid?

      24   A.  I was paid cash.

      25   Q.  Who actually paid the money to whom?

                                                                    2292

       1   A.  Ahmed Swedan because he wanted to pay me in dollars.  I

       2   then refused that money in dollars since I'm not used to the

       3   dollars currency.  I feared that it could be a fake some sort

       4   of fake dollars.  So I told him to go and change that into

       5   Kenya shillings and pay to my brother, because I was going to

       6   report to duty.

       7   Q.  Now, did you ever fill out any of the paperwork connected

       8   with the sale of the truck?

       9   A.  It was very late and I was in a hurry going back to the

      10   office.  So since Sheik just lives three blocks from my

      11   father's house I told him I'm going to make this agreement in

      12   my office, then we come and meet here in the evening so that

      13   we can have this agreement signed together with a transfer

      14   form so as to enable us to change the ownership of the truck.

      15   Q.  And did you give the keys to the truck to Sheikh Swedan?

      16   A.  Yes, he did take the keys.

      17   Q.  And did you ever see him again after that day?

      18   A.  Up to date I have never seen him.

      19   Q.  And did anyone ever come back to fill out the paperwork

      20   for the sale of the truck?

      21   A.  No one.

      22   Q.  Now, did you see the truck again?

      23   A.  Yes, I saw the truck two days later parked in front of a

      24   mosque where we normally pray.

      25   Q.  And what did the truck look like then?

                                                                    2293

       1   A.  It was just as the same as I sold it to him.

       2   Q.  And did you see the truck again after that?

       3   A.  Yes.  Few days later I saw the truck on my way to my farm.

       4   I just came across the truck driving on my way of driving.

       5   Q.  And what did the truck look like at that time?

       6   A.  This time it looked different.

       7   Q.  How did it look different?

       8   A.  It was covered by metal sheets, covered fully behind, and

       9   the body was about one and a half, one to one and a half feet

      10   longer than the cabin.

      11   Q.  And so the entire back of the bed was covered now?

      12   A.  Totally covered.

      13   Q.  And when you say that the bed was bigger, was it higher or

      14   wider?

      15   A.  It was higher, not wider.

      16   Q.  Now, did you have any contact with anybody from Ahmed

      17   Sheikh Swedan's family after this sale of the truck?

      18   A.  Yes.  Some days later his brother send his son to my

      19   father to collect the log book.

      20   Q.  And what's the log book?

      21   A.  It's a legal document showing the ownership of the truck.

      22   Q.  And did that occur before or after the bombing of the

      23   American Embassy in Nairobi?

      24   A.  That occurred few days after the bombing.

      25            MR. BUTLER:  No further questions, your Honor.

                                                                    2294

       1            MR. WILFORD:  May I, your Honor?

       2            THE COURT:  Yes.  Mr. Wilford on behalf of the

       3   defendant Odeh.

       4   CROSS-EXAMINATION

       5   BY MR. WILFORD:

       6   Q.  Good afternoon, Mr. Omar.

       7   A.  Good afternoon.

       8   Q.  How are you, sir?

       9   A.  All right.

      10   Q.  Now, Mr. Omar, the truck that you were talking about when

      11   you owned it in fact had holes in the bed so that a container

      12   could be placed on it, isn't that correct?

      13   A.  It's a very small truck that cannot carry containers.

      14   Q.  No.  Let me try to make myself clearer.

      15            The third time you saw the truck you indicated that

      16   it was completely enclosed the bed of the truck and that it

      17   was about an inch or two higher than the cab, is that correct?

      18   A.  That's correct.

      19   Q.  Now, that covering that was over the bed, when you owned

      20   the truck, the truck was equipped so that the covering could

      21   be placed on the bed, isn't that correct?

      22   A.  No, that is not correct.

      23   Q.  So it was just flat?

      24   A.  It was a flat with some side short about one foot, that

      25   short side.  I had made some holes on those sides so as to

                                                                    2295

       1   have a metal frame cover.  In case of rain I used to put a

       2   tarpaulin to cover whatever I was carrying to my farm.

       3   Q.  So you yourself drilled in the holes so a covering of some

       4   sort could be placed on it?

       5   A.  Yes, of the framework.

       6   Q.  And the covering that you saw on the third time you saw

       7   the truck, after you sold it, you said it was metal?

       8   A.  Yes, metal.

       9   Q.  And there was no glass on it?

      10   A.  No.

      11   Q.  Did you see any doors on it?

      12   A.  No.  From behind?

      13   Q.  Yes.

      14   A.  Yes, I saw some doors.

      15   Q.  You saw doors?

      16   A.  Yes, there are two shutters.

      17            MR. WILFORD:  Thank you.

      18            THE COURT:  Anything further of this witness?

      19            MR. BUTLER:  No, your Honor.

      20            THE COURT:  Thank you.  You may step down.  Thank

      21   you.

      22            (Witness excused)

      23            MR. BUTLER:  The government calls to Tamarra Ratemo

      24   formerly Kipignor.

      25    TAMARRA RATEMO,

                                                                    2296

       1        called as a witness by the government,

       2        having been duly sworn, testified as follows:)

       3   DIRECT EXAMINATION

       4   BY MR. BUTLER:

       5   Q.  Ms. Ratemo, you're doing it so far, but I just remind you

       6   if you keep your voice up and speak into the microphone so

       7   everybody can hear you.  Thank you.

       8            Where are you from?

       9   A.  I'm from Kenya.

      10   Q.  And where do you live?

      11   A.  I live in Nairobi.

      12   Q.  And how are you employed?

      13   A.  I work for the public service.

      14   Q.  And what branch of the public service do you work for?

      15   A.  I am a senior officer in the real estate section.

      16   Q.  Do you also earn income by leasing out real estate in

      17   Kenya?

      18   A.  Yes, I do.

      19   Q.  Are you familiar with a house known as number 43 Runda

      20   Estates in Nairobi?

      21   A.  Yes.

      22   Q.  Do you own that property?

      23   A.  Yes.

      24   Q.  How long have you owned that property?

      25   A.  Just over ten years now.

                                                                    2297

       1   Q.  And about how far from Nairobi is the property?

       2   A.  15 kilometers.

       3            MR. BUTLER:  May I approach, your Honor?

       4            THE COURT:  Yes.

       5   Q.  I'd like to show you some photographs that have been

       6   marked as Government Exhibits 567A through G, and I'll just

       7   ask whether you recognize these photos.

       8   A.  Yes, I do.

       9   Q.  And what is depicted in those photographs?

      10   A.  Please repeat the question?

      11   Q.  What is depicted in those photographs?  Are those

      12   photographs of your house at 43?

      13   A.  Yes, is the front of the house.

      14   Q.  And each one of those photographs a fair and accurate

      15   depiction of your house at 43 Runda Estates?

      16   A.  Yes.

      17            MR. BUTLER:  I offer Government Exhibits 567A through

      18   G at this time, your Honor.

      19            (Government's Exhibits 567A through G received in

      20   evidence)

      21            MR. BUTLER:  If we could publish 567A to the jury,

      22   please.

      23   Q.  What is shown in 567A, Ms. Ratemo?

      24   A.  The front of the house, the front entrance.

      25   Q.  If you could tell the jury just approximately how big is

                                                                    2298

       1   the house at 43 Runda Estates?

       2   A.  It's about ten rooms in all including the kitchen and the

       3   garage.

       4   Q.  How many bedrooms does the house have?

       5   A.  Four bedrooms.

       6   Q.  Where is the garage located?

       7   A.  Just before the entrance.

       8   Q.  Is the garage attached to the building or is it detached

       9   from the building?

      10   A.  Detached.

      11   Q.  Detached.  What's around the outside of the house at 43

      12   Runda Estates?

      13   A.  The front or the back?

      14   Q.  The front of the house.

      15   A.  The front is the garage to the left and then there is an

      16   entrance on the front is the kitchen.

      17   Q.  Before you enter the grounds what's at the front of the

      18   house?

      19   A.  The gate.

      20   Q.  Is there anything next to the gate?

      21   A.  There is a small security guard house.

      22   Q.  And is there anything that is next to the guard house?

      23   A.  The parking.

      24   Q.  Why don't we go to 567B.  What is shown in 567B?

      25   A.  That's the lounge.

                                                                    2299

       1   Q.  Why don't we go to 567C.  What's shown in 567C?

       2   A.  That is the entrance gate from outside.

       3   Q.  And is there a wall attached to that gate?

       4   A.  Yes.  The whole house is surrounded by a perimeter wall.

       5   Q.  What can you see from outside the perimeter wall?

       6   A.  On this picture --

       7   Q.  Can you see into the house from outside the perimeter

       8   wall?

       9   A.  No, not much.

      10   Q.  And where does the front of the house face in relationship

      11   to the gate?

      12   A.  It's facing to the right.

      13   Q.  Is it on the same level as the gate or is it raised or

      14   down from the gate?

      15   A.  It's slightly down.

      16   Q.  Why don't we go to 567D.  What's shown in 567D,

      17   Ms. Ratemo?

      18   A.  That is the back of the house showing the veranda from the

      19   back.

      20   Q.  Let's go to 567E.  What's shown in 567E?

      21   A.  That's the inside of the yard between the kitchen and the

      22   domestic quarters.

      23   Q.  Is there, in the area inside is there like a courtyard

      24   area?

      25   A.  Yeah, that's a courtyard.  That's an open space between

                                                                    2300

       1   the domestic an the kitchen.

       2   Q.  Could we go to 567F, please.  What's shown in 567F?

       3   A.  That's one view of the house from the back side behind,

       4   from the garden side.

       5   Q.  Let's go to 567G.  What's depicted in 567G?

       6   A.  Those are the two entrances of the garage.

       7            MR. BUTLER:  May I approach, your Honor?

       8            THE COURT:  Yes.

       9   Q.  I am going to show you what has been previously marked as

      10   Government Exhibit 582.

      11            I ask you to take a moment to look at 582, and I'll

      12   ask you whether that is a fair and accurate sketch of the

      13   layout of the ground floor of 43 Runda Estates?

      14   A.  That's correct.

      15            MR. BUTLER:  I would offer Government Exhibit 582 at

      16   this time, your Honor.

      17            THE COURT:  Received.

      18            (Government's Exhibit 582 received in evidence.

      19   Q.  If we could display Grand Jury Exhibit 582 to the jury.

      20   Now, if you could just briefly describe maybe starting at the

      21   garage area, what is depicted on this sketch?

      22            As you go through the garage where do you go to next?

      23   A.  From the garage there is a door to the open yard and from

      24   the yard you can enter directly to the kitchen.  It's one door

      25   there.  And from the kitchen you can go through.  There are

                                                                    2301

       1   two doors in the kitchen, one to go to one room called the

       2   family room, and to the dining.  Down the hallway there's

       3   another door to the lounge.  And then at the end of it to the

       4   far right is the guest room.  And then in the open yard to the

       5   left there is two domestic servants.  So the total there eight

       6   rooms.

       7   Q.  The courtyard that you spoke about before, where is that

       8   located on the sketch?

       9   A.  Sorry?  The --

      10   Q.  The courtyard that you identified before on the

      11   photograph, where is that located on the sketch?

      12   A.  Between the double garage and the kitchen.

      13   Q.  And what is that area listed as on the diagram as the yard

      14   area?

      15   A.  It's called a yard.

      16   Q.  Now, were you renting the property at 43 Runda Estates

      17   back in early 1998?

      18   A.  Yes.

      19   Q.  In the beginning of 1998 who was your tenant?

      20   A.  There was a Mr. Bashir.

      21   Q.  And when did -- approximately when did Mr. Bashir begin

      22   renting the house at 43 Runda Estates?

      23   A.  In mid '96.

      24   Q.  And directing your attention to about mid -- I'm sorry

      25   withdrawn.

                                                                    2302

       1            Did there come a time when Mr. Bashir stopped being

       2   your tenant?

       3   A.  Yes.

       4   Q.  And approximately when did that occur?

       5   A.  Mid-March.

       6   Q.  Of what year?

       7   A.  1998.

       8   Q.  And was there a telephone in the premises at 43 Runda

       9   Estates at this time?

      10   A.  Yes.

      11   Q.  What was the telephone number?

      12   A.  The number was 512430.

      13   Q.  Whose name was the telephone under at this time?

      14   A.  In the name of Mr. Bashir.

      15   Q.  Approximately how long had the phone been in the name of

      16   Mr. Bashir?

      17   A.  About one year.

      18   Q.  When Mr. Bashir decided to end his tenancy what, if

      19   anything, did you do about the telephone?

      20   A.  He went to the telephone company office and he wrote a

      21   letter to transfer the number to my name.

      22   Q.  Approximately how long does it take for that to actually

      23   happen after you request a telephone company to change it back

      24   to your name?

      25   A.  About nine months.

                                                                    2303

       1   Q.  And was that ultimately done?

       2   A.  By that time, no.

       3   Q.  Eventually did the phone go back to your name?

       4   A.  Yes, it did.

       5   Q.  About how long after you went to the phone company?

       6   A.  About nine months.

       7   Q.  Now, drawing your attention to April, 1998 did there come

       8   a time when you were called by a potential tenant for 43 Runda

       9   Estates?

      10   A.  Yes.

      11   Q.  And who called you?

      12   A.  There was a Mr. Fazul Abdullah.

      13   Q.  And was anybody else on the phone with you at that time?

      14   A.  Yes, there was Mr. Sikander.

      15   Q.  And had you ever spoken to these people before?

      16   A.  No.

      17   Q.  Could you tell us about your conversation with Mr. Fazhul

      18   Abdallah and Mr. Sikander on that day?

      19   A.  They had seen the advert that the house was vacant so they

      20   called, they expressed their interest that they wanted to rent

      21   the house.

      22   Q.  And did you tell them how much it cost to rent the house

      23   at that time?

      24   A.  Yes, I told them the amount, but they wanted to, they

      25   thought it was too much.

                                                                    2304

       1   Q.  How much were you charging to rent 43 Runda Estates at

       2   that time?

       3   A.  I was charging about 55,000 Kenya shillings.

       4   Q.  Was that per month?

       5   A.  That's per month, yeah.

       6   Q.  And what happened after that conversation?

       7   A.  They said that they thought about it and call me again.

       8   Q.  Did you see them again?

       9   A.  They called again about three two to three days.

      10   Q.  Who called?

      11   A.  I think it was Mr. Sikander because of the language.

      12   Q.  You had difficulty communicating with --

      13   A.  Fazhul could not, I couldn't understand him.

      14   Q.  And what was discussed during that telephone call?

      15   A.  That they had agreed to pay the amount that I requested,

      16   50,000.

      17   Q.  And did you see them again after this telephone

      18   conversation?

      19            THE COURT:  When you say "see again," had you seen

      20   these people?

      21            THE WITNESS:  No, I hadn't.

      22   Q.  I'm sorry.  Did you have any further contact with them

      23   after this telephone conversation?

      24   A.  No.  They called again.

      25   Q.  They called again?

                                                                    2305

       1   A.  They were willing to take the house at that amount.  They

       2   this agreed on the phone 50,000.

       3   Q.  Just so we can be clear, you had your first telephone

       4   conversation, correct?

       5   A.  Yes.

       6   Q.  And then you spoke with Fazhul and Sikander, correct?

       7   A.  Yes.

       8   Q.  And then you had a second telephone conversation, correct?

       9   A.  Yes.

      10   Q.  And was it during the second telephone conversation that

      11   they agreed to pay the amount for the lease?

      12   A.  Yes.

      13   Q.  When is the next time that you had contact with Fazhul and

      14   Mr. Sikander?

      15   A.  During that second telephone conversation we made an

      16   appointment to meet at the house.

      17   Q.  And --

      18   A.  This it was two, three days later or I don't remember

      19   exactly.

      20   Q.  Did you eventually meet at the house?

      21   A.  Yes.

      22   Q.  And what happened at that meeting at the house?

      23   A.  I saw my prospective tenant, had asked them a few

      24   questions, asked him a few questions, and we agreed that we

      25   sign an agreement.

                                                                    2306

       1   Q.  Did you sign the agreement at that meeting?

       2   A.  No.  We made another appointment.

       3   Q.  And who did you understand was going to be the actual

       4   tenant at 43 Runda Estates?

       5   A.  Mr. Fazhul.

       6   Q.  And how long did he want the lease for?

       7   A.  He wanted the house for a short length which was five to

       8   six months.

       9   Q.  And was there any discussion of who would actually sign

      10   the lease?

      11   A.  Yes.

      12   Q.  And who did you understand would actually sign the lease?

      13   A.  Mr. Sikander would.  Mr. Fazhul told me Mr. Sikander would

      14   sign the lease on his behalf because he was not a Kenya

      15   citizen.

      16   Q.  And did Mr. Fazhul tell you anything about why he needed

      17   such a large house?

      18   A.  Yes, he said he had a family and he had some business

      19   people who would be coming to visit frequently.

      20   Q.  And what kind of business people?

      21   A.  He said the kind of people that are dealing with, they are

      22   trading in gold and they would come from Dubai.

      23   Q.  I show you what has been admitted as Government Exhibit

      24   110 into evidence.  Do you recognize the person depicted in

      25   that photograph?

                                                                    2307

       1   A.  Yes.

       2   Q.  Who is that?

       3   A.  Mr. Fazhul Abdallah.

       4   Q.  Now, during this meeting at 43 Runda Estates did you, was

       5   any money exchanged at that time?

       6   A.  No.

       7   Q.  And as a result of this meeting what did you do?

       8   A.  We made an agreement to meet, we agreed whereby the

       9   agreement would be signed and they would pay.

      10   Q.  How long after that meeting at 43 Runda was the next

      11   meeting supposed to take place?

      12   A.  It was within two to three days.

      13   Q.  Did that meeting occur?

      14   A.  Pardon me, please?

      15   Q.  Did you actually have that meeting?

      16   A.  Yes.

      17   Q.  Where did that meeting take place?

      18   A.  In my office.

      19   Q.  And who was at that meeting?

      20   A.  Mr. Sikander and Mr. Fazhul.

      21   Q.  And what took place at that meeting?

      22   A.  We signed the agreement and they paid 30 percent.

      23   Q.  And --

      24   A.  Two months deposit and one months rent.

      25   Q.  And how were you paid?

                                                                    2308

       1   A.  He paid in cash.

       2   Q.  And in what, Kenya shillings?

       3   A.  Yes, Kenya shillings, yes.

       4   Q.  And during the course of the tenancy who paid the rent?

       5   A.  Mr. Fazhul.

       6   Q.  And how did he pay you?

       7   A.  In cash.

       8   Q.  And was that normal for you to be paid in cash?

       9   A.  I would say yes.

      10   Q.  Did Mr. Bashir pay you in cash?

      11   A.  No.  It was a company leased to the company, paid me by

      12   check.

      13   Q.  And how did you receive your rent from Mr. Bashir?

      14   A.  Through a company check.

      15            MR. BUTLER:  One moment.

      16            (Pause)

      17            Can I approach, your Honor?

      18            THE COURT:  Yes.

      19   Q.  I show you what has been marked as Government Exhibit 568.

      20   Do you recognize Government Exhibit 568?

      21   A.  Yes.

      22   Q.  What's Government Exhibit 568?

      23   A.  The agreement, the lease we signed.

      24   Q.  And if you turn to the last page of Government Exhibit 568

      25   does your signature appear there?

                                                                    2309

       1   A.  Yes.

       2   Q.  And does anyone else's signature appear there?

       3   A.  Mr. Sikander.

       4            MR. BUTLER:  I would offer Government Exhibit 568 at

       5   this time, your Honor.

       6            THE COURT:  Received.

       7            (Government's Exhibit 568 received in evidence)

       8   Q.  Now, on the day that the lease was signed did Mr. Fazhul

       9   indicate when he would be moving in?

      10   A.  Indicated that he, he explained that he would move in

      11   immediately.

      12   Q.  And when was, what was the term of the lease for?

      13   A.  Six months.

      14   Q.  And beginning when?

      15   A.  The first day of May, 1998.

      16   Q.  And did Mr. Fazhul mention anything that he needed to do

      17   before he moved in?

      18   A.  Yes.  He said he wanted to go to Sudan to get his family

      19   to get his wife who needed to travel accompanied because of

      20   religious reasons.

      21   Q.  Now, did there come a time when you had some dealings with

      22   Mr. Fazhul regarding the telephone service at the house?

      23   A.  Yes.

      24   Q.  And what happened regarding the telephone service at the

      25   house?

                                                                    2310

       1   A.  There was a phone in the house but he had problems ringing

       2   international.

       3   Q.  And why did he ever problems ringing internationally?

       4   A.  Because the international facility was not provided.

       5   Q.  What does somebody need to have in order to make an

       6   international call in Kenya at that time in 1998?

       7   A.  You needed, one needed special permission.  One needed to

       8   prove that you are the owner of the phone, and a special

       9   written permission from the telephone service company to be

      10   given authority to overseas.

      11   Q.  Were you contacted by Mr. Fazhul about this problem?

      12   A.  Yes.

      13   Q.  And what did you do as the result of that contact that you

      14   had from Mr. Fazhul about the problem with the international

      15   calling?

      16   A.  I went, collected him at the house, went to the telephone

      17   company office and authorized in writing to he be given that

      18   facility.

      19   Q.  And approximately when did that occur?

      20   A.  About mid May.  Yeah, about around the 20th something.

      21   Q.  And did Mr. Fazhul mention whether he had been able to

      22   make any international calls prior to your visit to the phone

      23   company?

      24   A.  Yes, he did.  He said he had talked to the post office,

      25   the local post office employee to allow him to call and --

                                                                    2311

       1   Q.  How long did Fazhul Abdallah actually stay at the house at

       2   43 Runda Estates?

       3   A.  He stayed for three months.

       4   Q.  When did he leave the house at 43 Runda Estates?

       5   A.  He left on the 8th of August, '98.

       6   Q.  And how much contact did you have with him during this

       7   period of time?

       8   A.  I had about three or four, we contacted him when he would

       9   come to pay us, and then there was a visit to the house.

      10   Q.  Did there come a time when you met his wife and family?

      11   A.  Yes.

      12   Q.  When was that?

      13   A.  The first time I met the wife is when I went to fix the

      14   phone, because I went to the house and picked him up.  The

      15   second is when they made an unexpected visit to my house.

      16   Q.  And when did that unexpected visit to your house occur?

      17   A.  Sometime in I think June, can't remember.

      18   Q.  And who came to your house?

      19   A.  Mr. Fazhul came to my house with the wife and two

      20   children.

      21   Q.  And you had not been expecting him?

      22   A.  No, that is unexpected, and it was late at night, 8

      23   o'clock, 8 p.m.

      24   Q.  Had you ever given him your home address before?

      25   A.  No.

                                                                    2312

       1   Q.  And did you ever find out how he knew where your home

       2   address was?

       3   A.  Yes, I did ask him how he came to know where I live and he

       4   said he was just within the district.

       5   Q.  And did they come inside the house?

       6   A.  Yes.

       7   Q.  And what happened once they got inside the house?

       8   A.  When they came in to the house I opened the door.  I led

       9   them to the lounge we were watching television.  And

      10   apparently -- my brother was there -- and the wife was dressed

      11   all in black including the eyes, and once she entered the

      12   lounge, she had to run away because my brother was there.

      13   Q.  And was there some conversation about where Fazhul was

      14   from during this visit?

      15   A.  Yes.  My brother did ask him where he came from and he

      16   said he came from Morocco, but according to my brother he

      17   thought he came from Yemen.

      18   Q.  What did Fazhul do, if anything, when your brother said he

      19   came from Yemen?

      20   A.  He was kind of caught in a surprise but he convinced him

      21   he came from Morocco.

      22   Q.  Now, did you see what type of car Fazhul was driving

      23   during the time of his visit to you?

      24   A.  Yes.

      25   Q.  And what type of car was that?

                                                                    2313

       1   A.  He's driving a red car Mitsubishi old.

       2   Q.  How did you find out what kind of car he was driving?

       3   A.  This is because we escorted him out, I saw the car and in

       4   my yard I have security lights so I was able to see.  And he

       5   couldn't start the car, so we had to help him to push, and

       6   until the car started.

       7   Q.  And did you see him in that car on other occasions?

       8   A.  Yes.  Noticed that the car was around when I went to the

       9   telephone, the car was in the yard, in the yard at the house

      10   in Runda.

      11   Q.  Now, did there come a time when you took a trip to Europe

      12   during this period when Fazhul was renting the house at 43

      13   Runda Estates?

      14   A.  Yes.  Soon after we signed the agreement I traveled to

      15   Europe around the 10th of March.

      16   Q.  Where did you go in Europe?

      17   A.  I went to London.

      18   Q.  And did you mention to Fazhul that you were going to

      19   Europe?

      20   A.  Yes.

      21   Q.  And did he ask you for anything in connection with your

      22   trip?

      23   A.  He asked me if I could buy him a computer part.

      24   Q.  And did he give you anything in connection with that?

      25   A.  He gave me a copy of that part, that item he wanted.

                                                                    2314

       1            THE COURT:  I didn't get that.  He asked you if you

       2   would buy a what?

       3            THE WITNESS:  A computer part.

       4            MR. BUTLER:  May I approach, your Honor?

       5            THE COURT:  Yes.

       6   Q.  I show he you what has been previously marked as

       7   Government Exhibit 586.  Do you recognize Government Exhibit

       8   586?

       9   A.  Yes, I do.

      10   Q.  What is that?

      11   A.  It's a copy of a Sharp adapter.

      12   Q.  How did you get that document?

      13   A.  He gave me the copy himself.

      14   Q.  Who gave that to you?

      15   A.  Mr. Fazhul.

      16            MR. BUTLER:  Offer Government Exhibit 586 at this

      17   time, your Honor.

      18            MR. BAUGH:  No objection.

      19            THE COURT:  Received.

      20            (Government's Exhibit 586 received in evidence)

      21   Q.  The handwriting that's on that document, whose handwriting

      22   is that?

      23   A.  At the bottom of the photocopy that's the handwriting of

      24   Mr. Fazhul.

      25   Q.  What does that handwriting say?

                                                                    2315

       1   A.  He say is four pin.

       2   Q.  And the handwriting on the upper part of the document,

       3   whose handwriting is that?

       4   A.  That's mine.

       5   Q.  What does that say?

       6   A.  Adapter.

       7   Q.  Do you recall what particular part Fazhul was looking for?

       8   A.  Pardon?

       9   Q.  Do you recall what particular computer part Mr. Fazhul was

      10   asking you to get when you were in London everyone?

      11   A.  He told me it was an adapter for his computer.  That's

      12   what he told me.  That's why I wrote it in my handwriting to

      13   make sure, I get to know what it is.

      14   Q.  And did you actually pick up that item for him while you

      15   were in Europe?

      16   A.  No.

      17   Q.  Now, do you recall the day that the United States Embassy

      18   in Nairobi was bombed?

      19   A.  Yes, I do.

      20   Q.  And is there any particular reason why you remember that

      21   day?

      22   A.  Yes.

      23   Q.  Why is that?

      24   A.  I lost a very close relative.

      25   Q.  And who was that?

                                                                    2316

       1   A.  Brother-in-law.

       2   Q.  And where was he at the time of the bombing?

       3   A.  He was an employee of the American Embassy.

       4   Q.  And did you play any role in trying to determine what

       5   happened to your brother-in-law during the day of the bombing?

       6   A.  Yes, I was communicating link because we were calling each

       7   other every thirty minutes to get to know who is where and

       8   what.

       9   Q.  And did there come a time on August 7, 1998 when you saw

      10   Fazhul Abdallah?

      11   A.  Yes, he came to my house that night around 8 p.m. Nairobi

      12   time.

      13   Q.  And was anyone with him?

      14   A.  Mr. Sikander was with him.

      15   Q.  What happened when Fazhul came to your house?

      16   A.  He came to tell me that he was vacating the house.

      17   Q.  And did he tell you why he was vacating the house?

      18   A.  Yes.  He told me his father-in-law has been very ill, had

      19   a terminal disease and therefore he have to go home.

      20   Q.  And what did you do after this meeting with Fazhul and

      21   Sikander on August 7, 1998?

      22   A.  We made an appointment to meet at the house.

      23   Q.  And when was that appointment for?

      24   A.  The next day.

      25   Q.  And did you actually meet Fazhul at the house the next

                                                                    2317

       1   day?

       2   A.  Yes, he was at the house with Mr. Sikander.

       3   Q.  And what took place at the house on August 8, 1998?

       4   A.  We looked around the house to see what was missing or --

       5   original tenant you have to leave the house the way you

       6   occupied.  So I check the house and it all was fine.

       7   Q.  Was there any furniture in the house at that time?

       8   A.  No, none.

       9   Q.  Did you ever see any furniture in the house during the

      10   time Fazhul was renting the house?

      11   A.  There was no furniture at all.

      12   Q.  And after you checked the house to see if everything was

      13   okay, what happened after that?

      14   A.  He give me my key, he return the key back to me, and there

      15   was one key which was missing, so he told me to follow them

      16   towards town up to a place where they would give me the other

      17   key.  That's what I did.

      18   Q.  Did you have any agreement with regard to the security

      19   deposit?

      20   A.  Yes.

      21   Q.  What was that agreement?

      22   A.  The deposit which he left was to redecorate the house, and

      23   if, if there was more than required, I would give the balance

      24   to Mr. Sikander.

      25   Q.  When you say "redecorate," what exactly?

                                                                    2318

       1   A.  To repaint.

       2   Q.  Did you see what kind of car Mr. Fazhul was driving that

       3   day?

       4   A.  Yes.

       5   Q.  What kind of car was that?

       6   A.  It was a pickup 1200 white car.

       7            MR. BUTLER:  One moment, your Honor.  No further

       8   questions, your Honor.

       9            THE COURT:  Anyone else?

      10            MR. SCHMIDT:  May I have a moment, your Honor?

      11            THE COURT:  Yes.

      12            (Pause)

      13   CROSS-EXAMINATION

      14   BY MR. SCHMIDT:

      15   Q.  Good afternoon.  In what language did you communicate with

      16   Mr. Fazhul?

      17   A.  In Swahili and a little French.

      18   Q.  Did you communicate with him at all in English?

      19   A.  Not much, not at all I can't remember.

      20   Q.  What language did you communicate with Mr. Sikander in?

      21   A.  English and Swahili.

      22            THE COURT:  Mr. Schmidt --

      23            MR. SCHMIDT:  Two minutes, that's all.

      24   Q.  The time in August 8 when they gave up the key, was any

      25   other person with Mr. Fazhul at that time?

                                                                    2319

       1   A.  Yes, Mr. Sikander was with him.

       2   Q.  Was there a woman with him as well?

       3   A.  No.

       4   Q.  Somebody's sister there?

       5   A.  Sorry?

       6   Q.  Was somebody's sister there?

       7   A.  Not where they give me the key, no.

       8   Q.  Did you meet Mr. Sikander's, one of Mr. Sikander's sisters

       9   at any time?

      10   A.  Yes.

      11   Q.  When was that?

      12   A.  The first time they came to see the house.

      13   Q.  What language -- did you talk with her at all?

      14   A.  I did spoke English, the sister of Sikander.

      15   Q.  Do you recall her name?

      16   A.  No.

      17            MR. SCHMIDT:  I have no further questions.

      18            THE COURT:  Anything further of this witness?

      19            MR. BUTLER:  No.

      20            THE COURT:  Any redirect?

      21            Thank you ma'am.  You may step down.

      22            (Witness excused)

      23            THE COURT:  The government may call the next witness.

      24            MR. KARAS:  Your Honor, the government calls Ron

      25   Kelly.

                                                                    2320

       1    RONALD L. KELLY,

       2        called as a witness by the government,

       3        having been duly sworn, testified as follows:

       4   DIRECT EXAMINATION

       5   BY MR. KARAS:

       6   Q.  Good afternoon, sir.  Can you tell us how you're employed?

       7   A.  I'm employed at the Federal Bureau of Investigation as a

       8   chemist.

       9   Q.  For how long have you been a chemist at the FBI?

      10   A.  I've been employed in the FBI laboratory for over 22

      11   years.

      12   Q.  Mr. Kelly, are you familiar with the term explosive

      13   residue?

      14   A.  Yes, I am.

      15   Q.  Can you tell the jury what that is?

      16   A.  An explosive residue is a very small amount of material

      17   which remains at a scene after an explosion or at a location

      18   in which explosives may have been stored or handled.

      19   Q.  And can you tell us what methods are used to recover

      20   explosive residue?

      21   A.  There are three basic methods we use.  First we try to

      22   recover an item, small items, package it and send it back to

      23   the laboratory for analysis.  Items that are too large to send

      24   to the laboratory we have two techniques, vacuuming, and

      25   swabbing.  A vacuuming technique is simply a vacuum that you

                                                                    2321

       1   commonly use in your house with special attachments and

       2   filters to trap explosive residues.  The other technique,

       3   swabbing, is simply a clean sterile cotton material used to

       4   rub across surfaces to remove residues.

       5   Q.  Have you yourself taken swabbings?

       6   A.  Yes, I have.

       7   Q.  Can you tell us approximately how many in your career?

       8   A.  Many hundreds, if not thousands.

       9   Q.  And did there come a time that you were dispatched to

      10   Nairobi in August of 1998?

      11   A.  Yes, there was.

      12   Q.  Did you take any swabbings of the surface of the American

      13   Embassy there?

      14   A.  Yes, I did.

      15            MR. KARAS:  May I approach, your Honor?

      16            THE COURT:  Yes.

      17   Q.  Mr. Kelly, I've placed before you what has been marked as

      18   mark Government Exhibits 842 and 843 and ask you to take a

      19   look at them.  Starting with 842, can you tell us what 842 is?

      20   A.  Yes.  842 is what is considered a control swabbing I did

      21   at the scene there in Nairobi.

      22   Q.  Can you tell the jury what a controlled swabbing is?

      23   A.  A controlled swabbing can be several things.  One, control

      24   swabbing may just be a representative sample of the swabbing

      25   material, the cotton that we used to do the swabbing.  Control

                                                                    2322

       1   may also be that same material used to swab our hands and our

       2   clothing of the search personnel where we may take a control

       3   swabbing of containers or surfaces that evidence may be placed

       4   upon.

       5   Q.  What is the purpose of using control swabbing?

       6   A.  The purpose of control swabbings is to remove any residues

       7   and test them for samples in the laboratory to detect any

       8   contamination that might be present prior to us collecting any

       9   evidence.

      10   Q.  And that particular control swabbing, can you tell us what

      11   that was, 842?

      12   A.  Yes, exhibit 842 was a control swabbing swab material and

      13   I used it to swab the gloved hands prior to collecting

      14   evidence that day.

      15   Q.  And can you tell us what exhibit 843 is?

      16   A.  Exhibit 843 is an actual evidence swabbing that was taken

      17   from the, what I considered the south side wall of the US

      18   Embassy.

      19   Q.  And can you tell us where that wall was facing?

      20   A.  Again, that wall, the south side would be the wall facing

      21   the direction of the explosion that occurred that day.

      22   Q.  So that would be the wall that faces the large cooperative

      23   house across the way?

      24   A.  That is correct.

      25   Q.  And can you tell us where along the wall of the American

                                                                    2323

       1   Embassy you took the swabbing that's Government Exhibit 843?

       2   A.  The swabbing was taken along the wall.  Generally I take

       3   them in the higher areas on the wall.  Those are areas that

       4   would be least likely to be contaminated, leaned against or

       5   otherwise come in contact with foreign objects.

       6   Q.  How is it that you packaged these exhibits 842 and 843?

       7   A.  After taking the swabbing the swabbings themselves are put

       8   into a glass file, sealed and labeled with the appropriate

       9   identification markers, and then at a later time turned over

      10   to our evidence control center that we had set up there.

      11   Q.  Did you initial those particular swabbings?

      12   A.  Yes, I did.

      13            MR. KARAS:  Your Honor, we offer Government Exhibits

      14   842 and 843.

      15            THE COURT:  Received.

      16            (Government's Exhibits 842 and 843 received in

      17   evidence)

      18            MR. KARAS:  No further questions.

      19   CROSS-EXAMINATION

      20   BY MR. WILFORD:

      21   Q.  Good afternoon.

      22   A.  Good afternoon.

      23   Q.  How you doing, Mr. Kelly?

      24   A.  Pretty good.

      25   Q.  Now, Agent Kelly, when you were speaking about the

                                                                    2324

       1   explosives being stored or handled -- do you remember that on

       2   direct at the beginning of your direct examination?

       3   A.  Yes.

       4   Q.  Would it also be true that if a person was handling the

       5   explosive material and it got on to his clothes that would

       6   remain on his clothes?

       7   A.  Yes.

       8   Q.  And when you talked about the embassy south side of the

       9   embassy wall and you took your sample from high up on the

      10   wall, because you didn't want to take a sample from an area

      11   where someone had leaned against it --

      12   A.  That's correct.

      13   Q.  -- if someone leaned against that particular area, the

      14   explosive material would also go on their clothes, isn't that

      15   correct?

      16   A.  That would be a possibility that you could transfer

      17   residues in that manner, yes.

      18   Q.  Now, the explosive residue that you're talking about,

      19   could you give the jury some idea of quantitatively what we're

      20   talking about in terms of amount?

      21   A.  Yes.  The instruments in our laboratory are capable of

      22   seeing quantities that you physically cannot even see as

      23   residues, so there could be residue present here on this bench

      24   right now you cannot see it, but, again, if I touched an

      25   explosive and touched the surface, our instruments would be

                                                                    2325

       1   sensitive enough to identify the explosives that I deposited

       2   there.

       3   Q.  Some sort of a number like a millionth of a part or

       4   something like that is that accurate or smaller than that?

       5   A.  Usually what I equate to amount-wise is if you take a

       6   typical aspirin tablet and you were to divide that into about

       7   five billion pieces I could identify each and every one of

       8   those five billion pieces.  It's a very, very small quantity

       9   that we can identify.

      10   Q.  Sir, isn't it a fact that explosive residue is or can be

      11   transferred in all types of human contact?

      12            MR. KARAS:  Objection to form, your Honor.

      13            THE COURT:  Overruled.  Do you understand the

      14   question?

      15            THE WITNESS:  If he could try to rephrase it.

      16   Q.  Okay.  If I handle explosive materials and I shake your

      17   hand there could be a transfer during this handshake, isn't

      18   that correct?

      19   A.  Yes, that would be a logical type of transfer.  Physical

      20   contact is usually what would be required on a solid material.

      21   Q.  I'm sorry.  Did you finish your answer, sir?

      22   A.  Yes, I did.

      23   Q.  And if I had explosive material on my clothing and I

      24   embraced you, then the explosive residue would, could be

      25   transferred to your clothing, isn't that correct, sir?

                                                                    2326

       1   A.  It could depending upon the original amount that was on

       2   your clothing.  Each transfer there's a significant reduction

       3   in the amount of material that's transferred.

       4   Q.  But you could find those billions of pieces of the

       5   aspirin, right?

       6   A.  It would be possible, yes.

       7            MR. WILFORD:  Thank you.  Nothing further.

       8            THE COURT:  Anything further of this witness?  Thank

       9   you, sir, you may step down.

      10            (Witness excused)

      11            THE COURT:  We'll take our luncheon recess and we'll
           resume at 2:15.
      12

      13            (Luncheon recess)

      14            (Continued on next page)

      15

      16

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    2327

       1                         AFTERNOON SESSION

       2                            2:20 p.m.

       3            (Jury not present)

       4            THE COURT:  We are late getting started because I was

       5   told the lunch for the jurors was 20 minutes late.

       6            There is a note from a juror saying, "I need to be

       7   off March 22, Thursday.  I have important family business to

       8   take care of that day."  With your permission, I will ask that

       9   juror what the nature of the family business is.

      10            Also, the juror who was taking a civil service

      11   exam -- that was supposed to be last Tuesday -- was unable to

      12   take that exam because it was canceled due to weather.  The

      13   exam has been rescheduled for March 29, which is a Thursday.

      14            MR. BAUGH:  Judge, the interpreters are waving at

      15   you.

      16            MR. FITZGERALD:  You were mute.  I think you should

      17   be live now.

      18            THE COURT:  That juror was trying to see whether the

      19   exam could be rescheduled for a Friday, so we don't know

      20   whether we will be able to sit on those days.  March 22 is

      21   also a Thursday.

      22            Let me see if the jurors have finished their lunch.

      23            (Jury present)

      24            THE COURT:  Good afternoon.  The government may call

      25   its next witness.

                                                                    2328

       1            MR. KARAS:  Yes, your Honor.  The government calls

       2   Steve Casper.

       3    STEVE CASPER,

       4        called as a witness by the government,

       5        having been duly sworn, testified as follows:

       6   DIRECT EXAMINATION

       7   BY MR. KARAS:

       8   Q.  Good afternoon, Mr. Casper.

       9   A.  Good afternoon.

      10   Q.  Can you tell us how you are employed.

      11   A.  I am employed as a special agent for the Federal Bureau of

      12   Investigation.

      13   Q.  How long have you been a special agent for the FBI?

      14   A.  I have been a special agent for approximately 13 years

      15   now.

      16   Q.  Can you tell us about your current assignment.

      17   A.  I am currently assigned as an examiner in the FBI

      18   laboratories firearms and tool marks unit.

      19   Q.  Can you tell us bit about your education.

      20   A.  I have a BS degree, bachelor of science degree in biology

      21   from Saint Vincent College in Latrobe, Pennsylvania.

      22   Q.  Can you tell us a little about the training you received

      23   to become a qualified firearms and tool marks examiner.

      24   A.  Yes.  The training, it was an extensive and lengthy

      25   training program in the FBI laboratory that lasted

                                                                    2329

       1   approximately two years.  During this period I read available

       2   literature of the area of firearms and tool marks

       3   identification.  I visited firearms and tool manufacturing

       4   facilities and ammunition manufacturing facilities to get a

       5   better understanding of how these items are manufactured.  But

       6   the bulk of my training at the FBI laboratory to become a

       7   firearms examiner was on the job type training process, where

       8   I worked with the qualified examiners in our unit.  During

       9   this time I worked on hundreds of cases and I examined

      10   thousands of items of evidence.

      11            At the conclusion of my training I underwent a series

      12   of six oral examinations, and it was the proficiency that I

      13   showed in these examinations that led the laboratory to

      14   believe that I was ready to work my own cases and to present

      15   my findings in a court of law.

      16   Q.  Have you yourself conducted any lectures on firearms and

      17   tool marks identification?

      18   A.  Yes, I have conducted a few lectures at schools that the

      19   FBI puts on for examiners throughout the United States, in

      20   local crime laboratories.

      21   Q.  For how many years have you been a firearms and tool marks

      22   examiner?

      23   A.  I have been an examiner in the firearms and tool marks

      24   unit for approximately eight years now.

      25   Q.  Did there come a time you were asked to examine some items

                                                                    2330

       1   that you understood to be originally taken from Nairobi,

       2   Kenya?

       3   A.  Yes, there was.

       4            MR. KARAS:  Your Honor, may I approach?

       5            THE COURT:  Yes.

       6   Q.  Agent Casper, I have placed before you what have been

       7   marked into evidence as Government's Exhibits 838 and 559.

       8   Beginning with Government's Exhibit 838, can you tell us what

       9   it is you were asked to do with respect to that exhibit?

      10   A.  I was given this exhibit, Government's Exhibit 838, and I

      11   was asked to determine if in fact it is a firearm part, and if

      12   I was able to determine that, from what type or make or model

      13   firearm it was from.

      14   Q.  Can you tell us a little bit about the process you went

      15   through to conduct your analysis.

      16   A.  I conducted a microscopic analysis of this piece.

      17   Initially, or immediately, I recognized this piece as a part

      18   of a slide from a pistol, from a semiautomatic handgun.

      19            Then I wanted to determine who manufactured it, can I

      20   determine the model, can I determine the caliber.  I looked at

      21   it microscopically, and I was able to notice a few letters on

      22   the slide, which led me to believe that it was a Beretta type

      23   slide.  I did additional work in the laboratory, looking at

      24   pictures of Beretta firearms and looking at the Beretta

      25   firearms that we have in our collection, to try to determine

                                                                    2331

       1   the make and the model of this.

       2   Q.  Are you familiar with the phrase number restoration

       3   process?

       4   A.  Yes, I am.

       5   Q.  Can you tell us what that is.

       6   A.  Number restoration is a simple process that we use in our

       7   laboratory to try to determine a stamped number that was on a

       8   firearms part that has been since obliterated by either

       9   somebody obliterating it themselves, by grinding it away, or

      10   just by wear and tear.  It's a process where in the laboratory

      11   you use certain types of acids.  These acids will etch away

      12   numbers that are stamped in the metal.  When you stamp a

      13   number in the metal, it pushes the metal down, compresses the

      14   metal in that stamped area.  The molecules in the metal are

      15   becoming harder, far more compressed.  When a number

      16   restoration is conducted, the acids eat away at that

      17   compressed area, and then under the proper lighting and a

      18   microscope you can read those numbers that used to be stamped

      19   there, that is, if the number wasn't destroyed to where all of

      20   that compressed area is gone.

      21   Q.  Can you tell us whether or not number restoration was done

      22   on Government's Exhibit 838?

      23   A.  Yes, number restoration was conducted on Government's

      24   Exhibit 838.

      25   Q.  Did you see the results of that?

                                                                    2332

       1   A.  Yes, I was present for that number restoration.

       2   Q.  What was turned up by the number restoration?

       3   A.  Upon the number restoration, we were able to read the --

       4   of course, the manufacturer, which it did show up as Beretta.

       5   We were able to read the model, from a Beretta model 1934,

       6   which would have been originally made in 1934.  And we were

       7   able to read the caliber that this firearm was originally

       8   manufactured, and it said on there 9 corto.  9 corto also

       9   means .380 auto.

      10   Q.  .380 auto is a type of caliber?

      11   A.  Yes, .380 auto is a caliber of cartridge that was used in

      12   this firearm.

      13   Q.  Do you have as samples a wide variety of firearms?

      14   A.  Yes, we do.  We have a collection in our laboratory that

      15   has over 5,000 firearms, approximately 3,000 handguns, 2,000

      16   shoulder weapons.

      17   Q.  Were you able to find among that collection a Beretta

      18   model 1934, 9 corto?

      19   A.  Yes, we did have a Beretta model 1934, 9 corto.

      20            MR. KARAS:  If we could show to the witness and

      21   counsel only Government's Exhibit 839-P1.

      22   Q.  Agent Casper, can you tell us what is Government's Exhibit

      23   339-P1?

      24   A.  Government's Exhibit 839-P1 is a photograph, a closeup

      25   photograph of the Beretta model 1934 that we have in our

                                                                    2333

       1   laboratory.  I had this photograph taken.  It shows on there

       2   the numbers, the letters of P Beretta, caliber 9 corto, the

       3   model.

       4            MR. KARAS:  If we could also show to the witness and

       5   counsel only Government's Exhibit 839-P2.

       6   Q.  Tell us what that exhibit is.

       7   A.  Government's Exhibit 839-P2 is a full one-to-one

       8   photograph of the Beretta model 1934 that we have in our

       9   laboratory that I had photographs taken of.

      10            MR. KARAS:  At this time we offer Government's

      11   Exhibits 839-P1 and P2.

      12            THE COURT:  Received.

      13            (Government's Exhibits 839-P1 and 839-P2 received in

      14   evidence)

      15   Q.  Agent Casper, did you compare Government's Exhibit 838 to

      16   839-P1 and 2?

      17   A.  Yes, I compared the remaining physical characteristics of

      18   Government's Exhibit 838 to the firearm of Government's

      19   Exhibit 839-P2.

      20   Q.  What was your conclusion based on that comparison?

      21   A.  Based on the comparison that this, as I mentioned before,

      22   this piece of this slide would be from this type of firearm,

      23   or this exact make and model firearm, so that what you are

      24   seeing there, 839-P2, Beretta model 1934, that is what this

      25   Government's Exhibit 838 represents, the slide portion, the

                                                                    2334

       1   top part of the firearm.

       2   Q.  If you could tell us what the ridges in 839-P2 are part

       3   of?

       4   A.  In 839-P2 at the back of the firearm, and if you will

       5   notice on 838, there are some ridges back of the slide.  That

       6   is so you can grip it and pull it backwards to manually load

       7   the bullets back in the chamber.

       8   Q.  Can you tell us or describe for us what a Beretta slide

       9   would look like if it was undamaged.

      10   A.  If this were undamaged, this would all be straight.  It

      11   wouldn't be bent upward.  As you can see, this is only one

      12   half.  This is the left hand portion of that slide.  The

      13   right-hand portion of that slide is totally gone.  What we are

      14   seeing in the picture that you see, Government's Exhibit

      15   839-P2, is the left-hand portion of a Beretta model 1934,

      16   which we have here.

      17   Q.  Agent Casper, were you also asked to examine the items

      18   that are contained in Government's Exhibit 559?

      19   A.  Yes, I was.

      20   Q.  Can you tell us generally what those are.

      21   A.  These are cartridges, and I received these three

      22   cartridges, Government's Exhibit 559, and I was asked to

      23   determine what is the caliber of these cartridges, who

      24   manufactured them, and what information I could about them.

      25   Q.  Can you just tell us what the difference is between a

                                                                    2335

       1   cartridge and a bullet.

       2   A.  Certainly.  If I can open Government's Exhibit 559,

       3   Government's Exhibit 559 contains three cartridges, one of

       4   which I pulled apart and broke down into its components in a

       5   laboratory.  A cartridge is basically a single unit of

       6   ammunition.  It contains the cartridge case and the bullet.

       7   When taken apart, you have a cartridge case, a casing, that

       8   portion which holds the gunpowder and the bullet at the top,

       9   and then you have the bullet itself, that portion which is

      10   fired down the barrel and exits the muzzle of the firearm.

      11            MR. KARAS:  May I approach the witness, your Honor?

      12            THE COURT:  Yes.

      13   Q.  Agent Casper, we are placing on the Elmo the bullets that

      14   are contained within Government's Exhibit 559.  Can you tell

      15   us about the analysis that you did and the conclusions you

      16   reached regarding these cartridges.

      17   A.  All right.  When I received these cartridges, I noticed

      18   immediately that they didn't look like a normal cartridge that

      19   one would purchase, let's say at a local sporting goods store.

      20   The sides of the cartridges appeared to have been sanded or

      21   ground down.  They had a lot of striated or sanding, grinding

      22   type marks.  And the bullet itself, the nose that is coming

      23   out the front of the cartridge also appeared to have some

      24   grinding type marks on that bullet.

      25            One of the first things I did was, I looked at the

                                                                    2336

       1   head of the cartridge case or the back portion of that

       2   cartridge case -- I wish I had a pointer here.

       3   Q.  If you want, Agent Casper, step down and turn the screen

       4   around.

       5   A.  The cartridge here, which would be one unit of

       6   ammunition -- we can see it a little bit larger.  We have a

       7   complete cartridge here.  This would be the cartridge case

       8   portion and the bullet here.  At the head or the back of this

       9   cartridge case, the portion -- you can't see, looking straight

      10   at it if you could -- on the back there is some identifying

      11   information stamped into the head of that cartridge case.  The

      12   manufacturer will sometimes stamp their name into it, like

      13   Bremington or Winchester.  They will stamp into the back or

      14   the head of that cartridge case the caliber of that cartridge.

      15   On the heads of these cases are stamped, I believe the number

      16   21 on the top at 12:00, No. 54 at 6:00, and in about the 9:00

      17   position I think it is a 4 on one, a 3 on the other.

      18            The 21 tells us that that cartridge was manufactured

      19   for Poland, the country of Poland.  The bottom number, the 54

      20   tells us that that cartridge case was manufactured in 1954.

      21   And the numbers in the 9:00 position, the 4 and 3, 3 and 4,

      22   let's say, would tell us they were manufactured in March

      23   and/or April, the third and fourth month of the year.

      24   Q.  The effect of the shadings that you mentioned, what would

      25   be the effect of the shadings on the cartridge?

                                                                    2337

       1   A.  Upon my examination, and I notice that there were some

       2   grinding marks, when I pulled these cartridge cases apart I

       3   also noticed that there were cutting marks where the cartridge

       4   had been shortened a little bit, the cartridge case portion

       5   had been shortened.  With this information, and since it was

       6   cut down, I could not positively determine the original

       7   caliber that these cartridges were.

       8   Q.  Did you try to put these cartridges in the barrel of a

       9   Beretta 1934 that you had in your laboratory?

      10   A.  One of the first things I did prior to that was, I

      11   measured all the measurements I could.  I took a diameter

      12   measurement, the length measurement, and determined that the

      13   measurements of this cartridge and the cartridge case portion

      14   are that of the same measurements that you would find in a

      15   .380 auto caliber cartridge case, or a 9 corto -- same thing.

      16   Q.  After you determined that, what did you do?

      17   A.  After I determined that, I took the -- since I already

      18   knew that in this case there was a Beretta model 1934 because

      19   I had had this slide piece earlier, and I was asked if these

      20   cartridges could fit into this firearm, I took the Beretta

      21   model 1934 from our collection in our laboratory, and I fit

      22   those cartridge cases into the chamber to see if they would in

      23   fact properly chamber, and they do.

      24            So what I gathered from that was, these cartridges

      25   were originally a different caliber, a different type

                                                                    2338

       1   cartridge, that is, possibly a 9-millimeter Luger.

       2   9-millimeter cartridge is just a little bit longer and just a

       3   little bit wider in diameter.  So someone had cut these

       4   cartridge cases down in length a little bit, and then with the

       5   grinding marks you see on the sides, they ground them down, or

       6   filed or sanded the sides of these cartridges down so that

       7   they would fit into the chamber of the .380 auto.

       8            MR. KARAS:  I have no further questions.

       9            THE COURT:  Anything?

      10            Thank you, sir.  You may step down.

      11            (Witness excused)

      12            MR. FITZGERALD:  The government now calls Special

      13   Agent John Hughes, H-U-G-H-E-S.

      14    JOHN JOSEPH HUGHES, JR.,

      15        called as a witness by the government,

      16        having been duly sworn, testified as follows:

      17   DIRECT EXAMINATION

      18   BY MR. FITZGERALD:

      19   Q.  Tell the jurors what you do for living.

      20   A.  FBI agent for the last 18 years.

      21   Q.  Can you tell the jury what an evidence response team is in

      22   the FBI.

      23   A.  Yes, sir.  An evidence response team is made up of FBI

      24   agents and other specialists specifically designed to respond

      25   to catastrophes, kidnappings, bank robberies.  We are trained

                                                                    2339

       1   to collect evidence in certain manners, ground radar,

       2   identification of evidence, marking of evidence for court

       3   purposes.

       4   Q.  Have you served on an evidence response team?

       5   A.  Yes, I serve in Philadelphia as a team leader on one of

       6   the two field teams in Philadelphia.  I have been on the

       7   evidence response team for the last seven years for the

       8   bureau.

       9   Q.  Let me direct your attention to 1998.  To what office were

      10   you assigned?

      11   A.  Philadelphia.

      12   Q.  Did there come a time when you were deployed to Nairobi,

      13   Kenya, as an FBI agent?

      14   A.  Yes, sir, August 1998.

      15   Q.  Can you tell us what day you arrived in Nairobi.

      16   A.  I believe it was August 9, sir.

      17   Q.  What was your assignment in Nairobi?

      18   A.  I was with the Philadelphia evidence response team.  I was

      19   assigned to work on the embassy bombing in Nairobi, collect

      20   evidence with other members of the team.

      21   Q.  Did you work for a good amount of time on the rubble pile

      22   in Nairobi?

      23   A.  Yes, sir.

      24   Q.  Let me direct your attention to August 18 of 1998.  Were

      25   you given an assignment that day in your position as a leader

                                                                    2340

       1   of the evidence response team?

       2   A.  Yes, sir, I was.

       3   Q.  Can you tell the jury where you went.

       4   A.  That morning I was working at the embassy as assigned.  I

       5   was told by the supervisor on the scene that I was needed at a

       6   search at a hotel in Nairobi.  Myself, other agents from the

       7   Philadelphia team responded to a hotel in Nairobi called the

       8   Hilltop Hotel.

       9   Q.  Did there come a time when you entered the Hilltop Hotel?

      10   A.  Yes, sir, I did.

      11   Q.  What locations within the hotel did you search?

      12   A.  I was directed by the team leaders to search two rooms,

      13   107A, and I believe 102B.

      14   Q.  Let me approach you what have been premarked as

      15   Government's Exhibits 695A through 695J.  I will ask you to

      16   review those photographs briefly and I will ask you if you

      17   recognize what they are?

      18   A.  Yes, sir.  These are photos of the two rooms at the

      19   Hilltop Hotel, and also photos of an area where I lifted

      20   prints from one of the rooms in the hotel.

      21   Q.  We will go through them individually.

      22            MR. FITZGERALD:  First, your Honor, I would like to

      23   offer in evidence Government's Exhibits 695A through J.

      24            MR. WILFORD:  Without objection.

      25            THE COURT:  Received.

                                                                    2341

       1            (Government's Exhibits 695A through 695J received in

       2   evidence)

       3   Q.  If we could display on the screen 695A.  Could you tell us

       4   what is depicted on 695A.

       5   A.  Sir, that is a picture of the doorway to room 107.  That

       6   is in the Hilltop Hotel.  It is the first room I searched.  It

       7   is a picture of the doorway and one of the beds in the hotel

       8   room.

       9   Q.  If we could display 695B.  What is depicted in B?

      10   A.  Sir, that's the desk in that hotel room 107.

      11   Q.  Where are the beds in relation to that desk?

      12   A.  On either side, sir.

      13   Q.  695C.  What does --

      14   A.  That is the hanging closet and shelves for clothing near

      15   one of the beds in that room.

      16   Q.  695D?

      17   A.  That is the second bed to the right of the room, the far

      18   wall of the room on the other side of that desk.

      19   Q.  That bed has a pillowcase with red and blue colors.

      20   A.  Yes.  The other would have orange and white.

      21   Q.  695E?

      22   A.  That is a second picture of the room looking to the rear

      23   to the desk, and one of the beds.

      24   Q.  695F?

      25   A.  That is the shower in the room, sir.

                                                                    2342

       1   Q.  G?

       2   A.  That's another look at the same room with the desk and the

       3   second bed.

       4   Q.  H, 695H.

       5   A.  Again another photo of the desk looking out the window and

       6   a bed to the left.

       7   Q.  Orange and white?

       8   A.  Orange and white one, yes.

       9   Q.  695I?

      10   A.  Sir, that's the front door of 107 and those markings there

      11   are where lifts were taken.

      12   Q.  You mentioned lift.  Can you explain to the jury what a

      13   left is?

      14   A.  A lift, ladies and gentlemen, is, when we go into a room

      15   or we go into a location, we look and we are told to dust for

      16   prints.  We are looking for identifying prints.  We go to the

      17   common areas of the room where anyone would lay a print on, a

      18   door handle, a desk, a closet.  We go and we dust those areas.

      19   We try to identify and bring up prints.  By that I mean we

      20   should be able to see prints, fingerprints on a door, on a

      21   desk.  Once we identify the prints, we have what we call

      22   lifts.  There are small lifts and large lifts, depending on

      23   the area that we want to bring the print up from.  In this

      24   area we put dust on that area, brought up some fingerprints,

      25   and used the lifts to bring those prints up so we could send

                                                                    2343

       1   them to the lab for identification.

       2   Q.  Do you recall how many lifts you took out of room 107 of

       3   the Hilltop Hotel?

       4   A.  I believe six, sir.

       5   Q.  Why don't I approach you with what has been premarked for

       6   identification as Government's Exhibit 696.  I ask you if you

       7   can take a look at what has been marked 696 and tell us if you

       8   recognize what it is?

       9   A.  Yes, sir.  That is one of the lifts that I lifted from

      10   that room and that door in Nairobi, and I identified it by my

      11   writing on the lift.

      12            MR. FITZGERALD:  Your Honor, I offer Government's

      13   Exhibit 696 and the corresponding photograph, 696P, in

      14   evidence.

      15            MR. WILFORD:  Without objection, your Honor.

      16            THE COURT:  Received.

      17            (Government's Exhibit 696 and 696P received in

      18   evidence)

      19   Q.  If we could briefly display 696P.  Is that a picture of

      20   the lift you described?

      21   A.  Yes, sir, it is.

      22            MR. FITZGERALD:  Thank you, Judge.  I have nothing

      23   further.

      24            THE COURT:  Anything further of this witness?  Mr.

      25   Wilford?

                                                                    2344

       1            MR. WILFORD:  Just a few, Judge.

       2   CROSS-EXAMINATION

       3   BY MR. WILFORD:

       4   Q.  Good afternoon, Agent Hughes.

       5   A.  Good afternoon, sir.

       6   Q.  How are you doing, sir?

       7   A.  Fine, thank you.

       8   Q.  Sir, when you respond to a scene with your team, you have

       9   a group of specially trained agents; is that correct?

      10   A.  Yes, sir.

      11   Q.  You are trained extensively to respond to catastrophic

      12   situations; is that correct?

      13   A.  Yes, sir, I have gone to several.

      14   Q.  You have a certain protocol which you maintain in terms of

      15   the collection, or attempted collection of fingerprints and

      16   fingerprint lifts; is that correct?

      17   A.  Yes, sir, we do have a procedure that we follow.

      18   Q.  It's a little bit more extensive, your training, than,

      19   say, the average FBI agent would receive?

      20   A.  Yes, sir, that is correct.

      21   Q.  When you take a lift, you put this powder on a particular

      22   surface; is that correct?

      23   A.  Yes, sir.  Depending on the surface, it would depend on

      24   the type of powder that we use.

      25   Q.  The surface that you recovered 696 from, what type of

                                                                    2345

       1   surface is that, sir?

       2   A.  Looking at the photo, sir, it looks like a standard door.

       3   I honestly couldn't say if it was wooden or plastic at this

       4   time because I don't have the material, but it would be black

       5   powder because of the white surface, sir.  Black would bring

       6   up the lift better.

       7   Q.  When you get a lift from a particular area and that

       8   particular lift is matched to a particular individual's

       9   fingerprints, that means that person had to have been in that

      10   particular area; is that correct?

      11   A.  Sir, I am not a fingerprint expert.  All I can testify to

      12   is how I get the lifts.  I can't analyze them.  I know how to

      13   identify them and bring them up, but I can't analyze if they

      14   are matched up.  The answer is that if I bring the print up

      15   from that room, yes, that would be my belief.  But I am not an

      16   analyst.  I wouldn't be able to match up the print.

      17   Q.  I am not asking you to match them up.  I am asking, the

      18   general theory is that if you take a lift from that room, the

      19   person --

      20   A.  Yes, sir, they were there at sometime, yes, sir.

      21            MR. WILFORD:  Thank you, nothing further.

      22            THE COURT:  You may step down.

      23            (Witness excused)

      24            THE COURT:  The government may call its next witness.

      25            MR. BUTLER:  The government calls Agent Patrick

                                                                    2346

       1   Buckley.

       2    PATRICK BUCKLEY,

       3        called as a witness by the government,

       4        having been duly sworn, testified as follows:

       5   DIRECT EXAMINATION

       6   BY MR. BUTLER:

       7   Q.  Agent Buckley, what do you do for a living?

       8   A.  I am employed as a special agent with the Federal Bureau

       9   of Investigation.

      10   Q.  How long have you been with the FBI?

      11   A.  Since 1988.

      12   Q.  Do you have any special training?

      13   A.  Yes, I am a special agent bomb technician.

      14   Q.  What does a bomb technician do?

      15   A.  Basically I receive some training at the hazardous devices

      16   school in Huntsville, Alabama, where you are taught basic

      17   explosives recognition, the handling of explosives, the

      18   implementation of the improvised explosive devices, and bomb

      19   crime scene procedures.

      20            THE COURT:  Agent, a little slower, please.

      21   Q.  Agent Buckley, where were you assigned back in August of

      22   1998, what office?

      23   A.  Chicago field division.

      24   Q.  Did there come a time that you were sent overseas in

      25   connection with your duties as a bomb technician?

                                                                    2347

       1   A.  Yes, following the blast of August 7, 1998.

       2   Q.  Where were you sent to?

       3   A.  Nairobi, Kenya.

       4   Q.  When did you arrive, approximately?

       5   A.  August 14 of 1998.

       6   Q.  Drawing your attention to the afternoon of August 20,

       7   1998, do you recall where you were on that day?

       8   A.  Yes.  I was at No. 43 Runda Estates.

       9   Q.  Were you alone or with others?

      10   A.  I was with others.

      11   Q.  Approximately how many people were you with?

      12   A.  Approximately 10 people.

      13   Q.  What were you assigned to do at that time?

      14   A.  I was assigned to a couple duties.  My first duty was to

      15   conduct a protective sweep of 43 Runda Estates, to be sure

      16   that there were no boobytraps or secondary explosives.

      17   Q.  Could you describe for the jury generally what you recall

      18   Runda looks like, Port Runda Estates?

      19   A.  It was a large, white, multibedroom building with a

      20   detached garage, a large security gate and large hedges around

      21   the entire, basically, layout of the building and the estate

      22   there.

      23   Q.  If we could pull up what has been previously entered into

      24   evidence as Government's Exhibit 567A.  Do you recognize what

      25   is in Government's Exhibit 567A, Agent Buckley?

                                                                    2348

       1   A.  Yes, I do.

       2   Q.  What is that?

       3   A.  No. 43 Runda estates.

       4   Q.  What did you do when you first arrived at 43 Runda

       5   Estates?

       6   A.  Following the protective sweep, I participated in the

       7   search at that location as a bomb technician and conducted

       8   swabbings of some outdoor countertops at that outdoor

       9   location.

      10   Q.  In preparation for this protective sweep, did you do

      11   anything to prepare?

      12   A.  Yes, I put on a Ty-Vec suit and pair of latex rubber

      13   gloves.

      14   Q.  Could you explain what a Ty-Vec suit is.

      15   A.  It is basically a plastic suit that you put over yourself

      16   to protect yourself from contaminants at the location or to be

      17   sure that you have no contaminants yourself.

      18   Q.  What did you do to conduct the protective sweep?

      19   A.  Basically, I walked around the exterior of the Runda

      20   Estates address, looking for boobytraps and possible explosive

      21   devices, and, like I said, found none, went back to the inside

      22   of the residence, did a quick protective sweep there, and

      23   noticed there were no boobytraps or possible explosive devices

      24   in the location.

      25   Q.  Were you alone when you did this protective sweep?

                                                                    2349

       1   A.  Yes, I was.

       2   Q.  After you conducted the protective sweep, what did you do

       3   next?

       4   A.  Following that I conducted swabbings of the countertops

       5   outside the kitchen door.

       6   Q.  Do you recall approximately how many swabbings you took?

       7   A.  Yes.  I took one control swabbing and four other

       8   swabbings.

       9   Q.  Do you know if photographs were taken of this area?

      10   A.  Yes, there were.

      11   Q.  I approach with two photographs that have been marked as

      12   Government's Exhibits 791A and 791B.  Do you recognize

      13   Government's Exhibits 791A and B?

      14   A.  Yes, I do, counsel.

      15   Q.  What is depicted in 791A and B?

      16   A.  That is the two countertops immediately outside the

      17   kitchen door.  I took two swabbings from each one of the

      18   countertops.

      19            MR. BUTLER:  I offer 791A and B at this time, your

      20   Honor.

      21            MR. WILFORD:  No objection.

      22            THE COURT:  Received.

      23            (Government's Exhibits 791A and 791B received in

      24   evidence)

      25   Q.  If we could display Government's Exhibit 791A.  If you

                                                                    2350

       1   could just describe for the jury, Agent Buckley, what is shown

       2   in this photo, and maybe with the permission of the court we

       3   could let Agent Buckley turn the screen around and step down.

       4            THE COURT:  Yes.

       5   A.  At these locations I conducted two swabbings at this

       6   countertop and two more at this location right here.

       7   Q.  Where was this area located again, generally?

       8   A.  This would be the kitchen door to the main residence of

       9   the 43 Runda estate.  This is the door leading into the

      10   kitchen.

      11   Q.  If we could pull up Government's Exhibits Government's

      12   Exhibit 791B.  What is depicted in Government's Exhibit 791B?

      13   A.  Referring back to the last picture, that would have been

      14   the sink location to the left of the kitchen door.  That is a

      15   closeup shot of the counter.

      16   Q.  You can move back to the witness stand.  Thank you.

      17            What did you use to take these swabbings that you

      18   mentioned?

      19   A.  For the swabbings at this time we used sealed Meta-pack

      20   alcohol prep packages, the kind you find in a doctor's office.

      21   Q.  How did you take the swabbings?

      22   A.  We tore open the Meta-pack alcohol prep pad and removed

      23   the swab with a pair of plastic forceps.  Then with the pad

      24   inside the forceps teeth we conducted swabbings across the

      25   countertop.

                                                                    2351

       1   Q.  What did you do with the swabbings once they were taken?

       2   A.  Once we took the swabbings, I placed them back inside the

       3   Meta-pack pouch they came from and placed them inside a

       4   Ziplock bag, sealed it, and initialed it.  Following that, I

       5   turned it in into the evidence custodian.

       6   Q.  Approaching with what have been marked as Government's

       7   Exhibits 751 through 755, Agent Buckley, I ask you to take a

       8   look at Government's Exhibits 751 and 755 and ask if you

       9   recognize those items?

      10   A.  Yes, I do.

      11   Q.  What are they?

      12   A.  They are the swabs that were taken off the countertops

      13   outside the kitchen door.

      14   Q.  How do you recognize them?

      15   A.  Because my initials and the date are on each one of the

      16   envelopes.

      17            MR. BUTLER:  Your Honor, I would offer Government's

      18   Exhibits 751 through 755 at this time.

      19            MR. WILFORD:  Without objection.

      20            THE COURT:  Received.

      21            (Government's Exhibits 751 through 755 received in

      22   evidence)

      23   Q.  What did you do with these swabbings once you placed them

      24   inside the evidence bag?

      25   A.  Following that, I turned them over to the evidence

                                                                    2352

       1   custodian at the site.

       2   Q.  Was this the last time you were at 43 Runda Estates?

       3   A.  No, it is not.

       4   Q.  When is the next time you were at 43 Runda Estates?

       5   A.  August 23, 1998.

       6   Q.  Do you recall approximately what time of day you arrived

       7   at 43 Runda Estates on August 23?

       8   A.  About 10 or so in the morning.

       9   Q.  Do you recall who was there?

      10   A.  About 10 other people.

      11   Q.  Without naming them, who were they?

      12   A.  Members of the evidence response team.

      13   Q.  How long were you at 43 Runda Estates on August 23?

      14   A.  Most of the day.

      15   Q.  What did you do on August 23?

      16   A.  Upon arrival, the first thing I did was another protective

      17   sweep as I described earlier.  At the time I did the sweep in

      18   a Ty-Vec suit and pair of latex gloves as we did on the 20th.

      19   Following the protective sweep of the exterior and interior of

      20   the residence, no explosive devices or boobytraps were found

      21   at that location.

      22            Following that, I returned and took soil samples

      23   immediately outside of the garage adjacent to the main

      24   residence building at 43 Runda take.

      25   Q.  Can we show what has been previously received into

                                                                    2353

       1   evidence as Government's Exhibit 567G.  Do you recognize

       2   Government's Exhibit 567G?

       3   A.  Yes.  That is the garage at the Runda Estate.

       4   Q.  Can we now display just for identification what has been

       5   previously marked as Government's Exhibit 792A.  Do you

       6   recognize what is depicted in the photograph in Government's

       7   Exhibit 792A?

       8   A.  Yes, I do.  That is the garage at Runda Estates, and the

       9   location up here is where the soil samples were taken.

      10            MR. BUTLER:  Your Honor, I would offer Government's

      11   Exhibit 792A at this time.

      12            MR. WILFORD:  Without objection.

      13            THE COURT:  When you say here --

      14            THE WITNESS:  Up in this location adjacent to the

      15   garage, between the hedge and the garage right there.

      16            THE COURT:  792A received.

      17            (Government's Exhibit 792A received in evidence)

      18            MR. BUTLER:  May we please display it for the jury at

      19   this time.

      20   Q.  For the jury, could you explain to the jury the area from

      21   where you took the soil samples?

      22   A.  They were the area between the hedge and the garage at

      23   Runda Estates.  It was, the small tree in the center of the

      24   screen, immediately to the right of that was where the soil

      25   samples were taken.

                                                                    2354

       1   Q.  Do you recall about how many soil samples you took?

       2   A.  I took one control sample and then three straight samples

       3   in that area.

       4   Q.  Again just to remind the jury, what is a control sample?

       5   A.  A control sample is a sample taken in that area to show an

       6   exemplar of what the soil would be in that area at the time.

       7            (Continued on next page)

       8

       9

      10

      11

      12

      13

      14

      15

      16

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    2355

       1   Q.  Agent Buckley, I've placed before you what has been marked

       2   as Government Exhibits 756 through 759.  Do you recognize

       3   those items?

       4   A.  Yes, I do.

       5   Q.  How do you recognize them?

       6   A.  My name, initials and dates are on these cans.

       7   Q.  And what was contained in those cans?

       8   A.  There is one control sample of the soil and then three

       9   other soil samples as indicated.

      10            MR. BUTLER:  Your Honor, I would offer Government

      11   Exhibit 756 through 759 at this time.

      12            MR. BAUGH:  No objection.

      13            THE COURT:  Received.

      14            (Government's Exhibits 756 through 759 received in

      15   evidence)

      16   Q.  Now, what did you do, Agent Buckley, after you took the

      17   soil sample?

      18   A.  Following the soil sample I conducted swabbings inside the

      19   garage at Runda Estates.

      20   Q.  And what did you find once you entered the garage in Runda

      21   Estates?

      22   A.  When I entered the garage itself was vacant.  However, I

      23   did notice various amounts of aluminum powder on the floor

      24   surfaces on the inside of the garage.

      25   Q.  And where did you take your swabbing?

                                                                    2356

       1   A.  I took the swabs from locations from flat surfaces inside

       2   the garage where I saw quantities of aluminum powder.

       3            MR. BUTLER:  Could we please display for

       4   identification purposes only what's been previously marked as

       5   Government Exhibit 792B.

       6   Q.  Do you recognize Grand Jury Exhibit 792B?

       7   A.  Yes, I do.  That's the interior of the garage at 43 Runda.

       8            MR. BUTLER:  Your Honor, I would offer 792B at this

       9   time.

      10            (Government's Exhibit 792B received in evidence)

      11   Q.  Could you show where approximately did you take your

      12   swabbings if it's depicted in this photo?

      13   A.  The majority of my swabbings were taken on the floor

      14   boards going across the width of the doors at the midlevel of

      15   the door and then at the base of the doors on the flat

      16   surfaces.

      17            MR. BUTLER:  If we could show just for identification

      18   purposes what's been previously marked as Government Exhibit

      19   792C.

      20   Q.  Do you recognize what's shown in Government Exhibit 792C?

      21   A.  Yes, that's a closeup of the door of the garage.

      22            MR. BUTLER:  Your Honor, I would offer 792C at this

      23   time?

      24            THE COURT:  Received.

      25            (Government's Exhibit 792C received in evidence)

                                                                    2357

       1            MR. BUTLER:  Can we display 792C to the jury, please.

       2   Q.  Again, Agent Buckley, could you describe for the jury

       3   where you took your swabbings?

       4   A.  As you look in that picture it's very visible

       5   concentration of aluminium powder on the floor surfaces and

       6   along the flat surface there a swab was taken of that area.

       7   Q.  Did you take swabbings from any other area in the general

       8   garage area?

       9   A.  I took some swabbings from the garage bathroom.

      10            MR. BUTLER:  If we could show just for identification

      11   purposes what's been previously marked as Government Exhibit

      12   792D.

      13   Q.  Do you recognize what's depicted in Government Exhibit

      14   792D, Agent Buckley?

      15   A.  Yes, that's the bathroom inside the garage.

      16            MR. BUTLER:  Your Honor, I offer 792D at this time.

      17            THE COURT:  That is received.

      18            (Government's Exhibit 792D received in evidence)

      19            MR. BUTLER:  May we just please display it for the

      20   jury.

      21   Q.  What general area did you take your swabbings there, Agent

      22   Buckley?

      23   A.  In the floor toilet and up around the flush mechanism on

      24   the top of the toilet.

      25   Q.  Now, on August 23, 1998 what did you use to take your

                                                                    2358

       1   swabbings on that day?

       2   A.  I used swabbing kits that were made up by the explosive

       3   unit of our laboratory that consisted both dry and

       4   alcohol-enriched cotton swabs sealed inside glass vials.

       5   Q.  What did you do with the swabbings once you took them?

       6   A.  Once each swabbing was taken with a pair of forceps the

       7   swabbings were placed back inside the glass vial.  They were

       8   sealed tight, and I put my initials and date on them and they

       9   were turned over to the evidence custodian who then sealed

      10   them and placed them into ziplock bags.

      11   Q.  Agent Buckley, I placed before you what has been

      12   previously marked as Government Exhibits 760 through 776.  I

      13   just ask you to just take a moment I.  Realize there are a lot

      14   of items there.  But if you can just take a look at each of

      15   them and let us know after you're done,whether these are the

      16   swabbings that you took on August 23rd, 1998?

      17            (Pause)

      18   A.  Yes, those are my swabbings.

      19   Q.  How do you recognize those items?

      20   A.  My initials and date on each one of the vials.

      21            MR. BUTLER:  No further questions, your Honor.  I'm

      22   sorry, your Honor, excuse me.  I offer Government Exhibits 760

      23   to 776 at this time.

      24            THE COURT:  Yes, received.

      25            (Government's Exhibits 760 to 776 received in

                                                                    2359

       1   evidence)

       2            THE COURT:  Mr. Baugh on behalf of defendant

       3   Al-'Owhali.

       4   CROSS-EXAMINATION

       5   BY MR. BAUGH:

       6   Q.  I am David Baugh.  I represent the defendant Al-'Owhali.

       7   What is the date on 760 through 776?

       8   A.  What is the date?

       9   Q.  You say you initialed and dated them?

      10   A.  August 23rd.

      11   Q.  Now, how many days did you go to that location and look

      12   for samples?

      13   A.  I went two days, August 20th and August 23rd.

      14   Q.  All right.  And on either of those days were you directed

      15   to look specifically for aluminum powder?

      16   A.  No, but as a bomb technician you look for anything that

      17   could be utilized to make an explosive device.

      18   Q.  So is it your testimony you were not told to go there and

      19   look specifically for aluminum powder at certain locations?

      20   A.  No, it's not correct.  As a bomb technician I would go to

      21   a location looking for any evidence of a bomb or explosive

      22   materials.

      23   Q.  No, I know that, sir.  The question is are you stating you

      24   were not directed to look specifically for aluminium powder?

      25   A.  No, not, no.

                                                                    2360

       1   Q.  All right.  Did you look for soil samples on the 20th?

       2   A.  No, I did not.

       3   Q.  Why did you go back on the 23rd?

       4   A.  I did a more extensive search on the 23rd.

       5   Q.  Were you directed to do a more extensive search on the

       6   23rd?

       7   A.  We had some further information that we needed to do a

       8   more extensive search on the 23rd.

       9   Q.  Do you know what that information was?

      10   A.  No, I do not.

      11   Q.  But you do understand that between the 20th and the 23rd

      12   some information was developed by the FBI and you were told to

      13   go back and look for something?

      14   A.  That's correct.

      15            MR. BAUGH:  All right.  Thank you.

      16            MR. RICCO:  Your Honor, we have a couple of

      17   questions.

      18            THE COURT:  Mr. Ricco on behalf of defendant Odeh.

      19   CROSS-EXAMINATION

      20   BY MR. RICCO:

      21   Q.  Good afternoon, sir.

      22   A.  How do you do, sir.

      23   Q.  You told us that when you went into 43 Runda Estates that

      24   you were wearing a Tyvek suit?

      25   A.  Correct.

                                                                    2361

       1   Q.  And the Tyvek suit serves two purposes?

       2   A.  Correct.

       3   Q.  One is it keeps you from coming into contamination with

       4   anything?

       5   A.  Right.

       6   Q.  And it also prevents you from introducing substances into

       7   the area that you're searching?

       8   A.  That's correct.

       9   Q.  And that's a very important, both concerns are very

      10   important to your investigation, isn't that correct?

      11   A.  That would be correct.

      12   Q.  Because what you don't want to do is to infiltrate an area

      13   or affect it by something that you brought from the outside?

      14   A.  Correct.

      15   Q.  And of course you want to protect your safety?

      16   A.  Right.

      17   Q.  Now, you also told us that you worked with items that were

      18   sealed and closed after they were swabbed?

      19   A.  Right.

      20   Q.  The purpose of sealing those items again is to preserve

      21   the integrity of that which you find, isn't that correct?

      22   A.  That's correct.

      23   Q.  Because what you don't want to do is mix items together in

      24   the same envelope or the same package, correct?

      25   A.  Correct.

                                                                    2362

       1   Q.  Because when they're mixed together one can rub against

       2   the other and you have an improper finding?

       3   A.  That's correct.

       4            MR. RICCO:  No further questions.

       5            Oh, one further question.  I'm sorry.

       6   Q.  After you left Runda Estates on the 20th, was that place

       7   left under guard?

       8   A.  You know I don't recall.

       9            MR. RICCO:  No further questions.  Thank you very

      10   much, your Honor.

      11            THE COURT:  Anything further of this witness?

      12            MR. BUTLER:  No, your Honor.

      13            THE COURT:  Thank you.  You may step down.

      14            (Witness excused)

      15            MR. BUTLER:  Your Honor, the government calls Special

      16   Agent Stephen Haug)

      17    STEPHEN M. HAUG,

      18        called as a witness by the government,

      19        having been duly sworn, testified as follows:

      20   DIRECT EXAMINATION

      21   BY MR. BUTLER:

      22   Q.  Special Agent Haug, how are you employed?

      23   A.  I'm employed by the Federal Bureau of Investigation.

      24   Q.  How long have you been with the FBI?

      25   A.  Approximately five and a half years.

                                                                    2363

       1   Q.  Are you assigned to any particular unit or division?

       2   A.  Yes.  I'm assigned to the Newark, New Jersey division.

       3   Q.  Do you have any special training?

       4   A.  Yes, I do.

       5   Q.  What's that?

       6   A.  As a Special Agent I was assigned to Quantico for 16 and a

       7   half week training, new agent training at Quantico prior to

       8   arriving at the Newark division.

       9   Q.  Are you on any particular team in Newark?

      10   A.  Yes.  I am currently a team leader for one of our evidence

      11   response teams.

      12   Q.  And did there come a time when you were received an

      13   assignment to travel overseas?

      14   A.  Yes.

      15   Q.  And where did you go?

      16   A.  I went to Nairobi, Kenya.

      17   Q.  And approximately when did you arrive in Nairobi?

      18   A.  I believe it was the 12th or 13th of August of 1998.

      19   Q.  Now, drawing your attention to the afternoon of August 20,

      20   1998, where were you?

      21   A.  I was assigned to go to assist in the conducting of a

      22   search at 43 Runda Estates in Nairobi.

      23   Q.  And what particularly were you assigned to do at that

      24   time?

      25   A.  I was assigned to coordinate the search efforts of the

                                                                    2364

       1   other members of the evidence response team.

       2   Q.  And what was your role in the search?

       3   A.  For the collection part of the evidence I seized the

       4   evidence.  I was the team leader.

       5   Q.  What would you do with these items once you received them?

       6   A.  Once they were photographed and documented they would be

       7   placed, depending on the type of evidence, into a plastic or

       8   paper bag.  The bag would then be sealed with evidence tape

       9   and then I would date and initial the seal on the bag.

      10   Q.  Did there come a time when you received a Time Magazine

      11   during the course of the search?

      12   A.  Yes, there was.

      13   Q.  How did you receive the Time Magazine?

      14   A.  I received it from another agent who was part of the

      15   search.

      16   Q.  Did you receive any other documents along with the Time

      17   Magazine?

      18   A.  Yes.  With that Time Magazine was an additional magazine,

      19   I believe it was in Arabic, and maybe one or two other pieces

      20   of documents, mail, things of that nature.

      21   Q.  What did you do with these items once you received them?

      22   A.  All of those items were placed into a single ziplock bag.

      23   I zipped the bag sealed, placed a red evidence tape around the

      24   seal of that bag, dated and initialled that bag.

      25   Q.  Let me approach with what has been previously marked as

                                                                    2365

       1   Government Exhibit 750.  Do you recognize Government Exhibit

       2   750?

       3   A.  Yes.

       4   Q.  How do you recognize 750?

       5   A.  I recognize my initials and the date on the evidence tag

       6   of that bag.  This was the bag that I placed all of these

       7   items into.

       8   Q.  Do these items appear substantially the same as the time

       9   you received them on August 20, 1998?

      10   A.  With the exception of being processed, yes.

      11            MR. BUTLER:  I would offer Government Exhibit 750 at

      12   this time, your Honor.

      13            THE COURT:  Received.

      14            (Government's Exhibit 750 received in evidence)

      15            MR. BAUGH:  No objection.

      16            MR. BUTLER:  No further questions, your Honor.

      17            THE COURT:  Anything further of this witness?

      18   CROSS-EXAMINATION

      19   BY MR. WILFORD:

      20   Q.  Agent Haug, do I pronounce it correctly?

      21   A.  Yes.

      22   Q.  Good afternoon.

      23   A.  Good afternoon.

      24   Q.  Sir, when you were conducting the collection of evidence

      25   as a team leader were you wearing gloves?

                                                                    2366

       1   A.  Yes, sir.

       2   Q.  And the reason for your wearing gloves was to prevent any

       3   of your fingerprints or anything from getting on the materials

       4   that you were collecting, isn't that correct?

       5   A.  Yes, sir.

       6            MR. WILFORD:  Thank you.  Nothing further.

       7            THE COURT:  Thank you, Agent.  You may step down.

       8            (Witness excused)

       9            MR. BUTLER:  The government calls Agent Roger

      10   Stanton.

      11    ROGER C. STANTON,

      12        called as a witness by the government,

      13        having been duly sworn, testified as follows:

      14   DIRECT EXAMINATION

      15   BY MR. BUTLER:

      16   Q.  How are you employed, Agent Stanton?

      17   A.  I am a Special Agent with the FBI.

      18   Q.  How long have you been with the FBI?

      19   A.  Approximately five and a half years.

      20   Q.  Have you received any special training?

      21   A.  Yes.  I am assigned duties as a Special Agent bomb

      22   technician.

      23   Q.  And where were you assigned in August of 1998?

      24   A.  To the Columbia, South Carolina division of the FBI.

      25   Q.  Did there come a time when you traveled overseas to

                                                                    2367

       1   Nairobi, Kenya in connection with your duties as a bomb

       2   technician?

       3   A.  Yes.

       4   Q.  And approximately when did you arrive in Nairobi?

       5   A.  Approximately August 11th, 1998.

       6   Q.  And directing your attention to the morning of August

       7   23rd, 1998, do you recall where you were on that date?

       8   A.  Yes.  I was assigned along with a search team to 43 Runda

       9   Estates.

      10   Q.  And what did you do once you got to 43 Runda Estates?

      11   A.  When I got to Runda Estates I was assigned duties to help

      12   collect evidence.

      13   Q.  And did you do anything in preparation for your evidence

      14   collection?

      15   A.  Yes, I had placed a Tyvek suit on my body, around my body.

      16   Q.  And where in particular did you go when you entered 43

      17   Runda Estates?

      18   A.  The area that I went to search was the patio area of the

      19   residence.

      20   Q.  And where is the patio area located?

      21   A.  As you come in the driveway to the residence you kind of

      22   come in the gate on the property.  There is a garage first,

      23   and then there is the main residence.  So you'll come by the

      24   garage first, and then in between the main residence and the

      25   garage there is a like a ceramic tile patio area.

                                                                    2368

       1   Q.  And did you see anything on that ceramic tile when you

       2   entered the patio area?

       3   A.  Yes.  As I walked along the patio area in the back rear

       4   left hand, left-side area I had seen some gray powder,

       5   silver-like powder.

       6   Q.  What did you do once you saw that gray or silver powder?

       7   A.  I went ahead and took some swabbing samples of that

       8   material.

       9   Q.  Do you recall about how many swabbings you took?

      10   A.  I think at least three swabs I believe.  Several swabs

      11   were done.

      12   Q.  And what did you use to take the swabbings?

      13   A.  I went to the evidence control technician for that search

      14   and he had given me some vials, some gloves, forceps, regular

      15   cotton swabs and alcohol cotton swabs.

      16   Q.  And were photographs taken of that area?

      17   A.  Yes, they were.

      18            MR. BUTLER:  Please show for identification purposes

      19   only what has been previously marked as Government Exhibit

      20   792E.

      21   Q.  Do you recognize Government Exhibit 792E?

      22   A.  Yes, I do.

      23   Q.  What's depicted in 792E?

      24   A.  That's the patio area.

      25            MR. BUTLER:  I offer 792E at this time, your Honor.

                                                                    2369

       1            THE COURT:  Received.

       2            (Government's Exhibit 792E received in evidence)

       3   Q.  Do you see generally is this the area from where you took

       4   swabbings in the patio area?

       5   A.  Yes, sir.  If you look at the entrance that has the sort

       6   of oval opening, the doorway, it was just before that on the

       7   patio floor.

       8            MR. BUTLER:  And could we please display just for

       9   identification purposes what's been previously marked as

      10   Government Exhibit 792F.

      11   Q.  Do you recognize what's depicted in 792F, Agent Stanton?

      12   A.  Yes, I do.  It's the gray silver powder that I identified

      13   as I walked toward that area of the patio.

      14            MR. BUTLER:  I offer 792F at this time, your Honor.

      15            THE COURT:  Received.

      16            (Government's Exhibit 792F received in evidence)

      17   Q.  If you can, could you try to point out for the jury where

      18   you saw this gray metallic powder.  Maybe if you could turn

      19   the screen toward the jury.

      20            (Witness left stand)

      21   A.  The gray metallic powder that I had seen is right here in

      22   this area (indicating).

      23            (Witness resumed stand)

      24   Q.  Now, after you took these swabbins, Agent Stanton, what

      25   did you do with them?

                                                                    2370

       1   A.  I placed them in vials and sealed them and dated it and

       2   wrote my name on it.

       3   Q.  Agent Stanton, I placed before you what has been

       4   previously marked as Government Exhibits 780 through 783.  I

       5   just ask you to tell us whether you recognize those items?

       6   A.  I'm looking at Government Exhibit 780 and on the vial I

       7   can see my handwriting and it's the, for 780 it says alcohol

       8   control sample, 8/23/98, SAR Stanton.

       9   Q.  Could you just take a look at 781, 782 and 783 and let us

      10   know whether you recognize those?

      11   A.  Yes, sir.  I recognize all three of those.

      12   Q.  How do you recognize them?  Do your initials appear on

      13   those items as well?

      14   A.  Yes, sir.  I have the date and I have my name written SAR

      15   Stanton.

      16            MR. BUTLER:  I offer Government Exhibit 780 through

      17   783 at this time, your Honor.

      18            THE COURT:  Received.

      19            (Government's Exhibits 780 through 783 received in

      20   evidence)

      21   Q.  Now, did you ever enter the garage area during this day,

      22   Agent Stanton?

      23   A.  Yes, sir.

      24   Q.  And what did you see once you entered the garage area?

      25   A.  As I was in the garage area.  I walked over to the garage

                                                                    2371

       1   doors, and I identified the same silver-type powder on the

       2   garage door, something like there are wood pieces that may be

       3   on the garage door with an area where something could sit on

       4   top of it, and there was gray, that same silver-gray powder

       5   was on those areas.

       6   Q.  This was similar to the powder that you saw in the

       7   courtyard where you took your swabbings?

       8   A.  Yes, it was.

       9            MR. BUTLER:  No further questions, your Honor.

      10            THE COURT:  Anything further of this witness?

      11            MR. BAUGH:  No, your Honor.

      12            THE COURT:  Thank you.  You may step down.

      13            (Witness excused)

      14            THE COURT:  The government may call its next witness.

      15            MR. BUTLER:  The government calls agent Icey Jenkins,

      16   your Honor.

      17    ICEY LOU JENKINS,

      18        called as a witness by the government,

      19        having been duly sworn, testified as follows:

      20   DIRECT EXAMINATION

      21   BY MR. BUTLER:

      22   Q.  Agent Jenkins, how are you employed?

      23   A.  I'm a Special Agent with the FBI.

      24   Q.  And how long have you been with the FBI?

      25   A.  14 years in June.

                                                                    2372

       1   Q.  And do you have any special training?

       2   A.  Yes.  I'm a member of the rapid deployment team and also

       3   the evidence response team.

       4   Q.  And where were you assigned in August of 1998?

       5   A.  To the international terrorism squad at the Washington

       6   field office in DC.

       7   Q.  And did there come a time when you received an assignment

       8   to travel overseas to Nairobi Kenya?

       9   A.  Yes, sir.

      10   Q.  And when did you arrive in Nairobi?

      11   A.  Approximately August 9th of 1998.

      12   Q.  And drawing your attention to the morning of August 23,

      13   1998 where were you on that morning?

      14   A.  We started out in the command post but then we took a bus

      15   to number 43 Runda Estates.

      16   Q.  And what did you do after 43 Runda Estates?

      17   A.  We conducted a search of premise.

      18   Q.  And what particular, what in particular did you do to

      19   conduct the search?

      20   A.  I had the outer grounds.

      21   Q.  How did you search the outer grounds?

      22   A.  Myself and two other agents formed almost a grid-type line

      23   and conducted a search of the entire outside area of the

      24   estate.

      25   Q.  What did you find during your search of the grounds of the

                                                                    2373

       1   estate?

       2   A.  Personally I found two pieces of wire and a piece of black

       3   electrical tape.

       4   Q.  And do you recall approximately where you found these

       5   items?

       6   A.  Yes.  They were on what we referred to as the east side of

       7   the garage right near the one of the front doors.

       8            MR. BUTLER:  If we could just display what's been

       9   previously entered as Government Exhibit 582.

      10            Agent Jenkins, if you could just step down for a

      11   moment.

      12            (Witness left stand)

      13   Q.  If you could indicate to the jury just generally where you

      14   found the items on that sketch?

      15   A.  Right here is the first door, and the items were

      16   approximately right here (indicating).

      17            MR. BUTLER:  You can sit back down in the witness

      18   stand.

      19            (Witness resumed stand)

      20            MR. BUTLER:  If we could show what's been previously

      21   marked as Government Exhibit 567G previously entered into

      22   evidence.

      23   Q.  Do you recognize what's depicted in this photograph?

      24   A.  Yes, that's the front of the garage from the estate.

      25   Q.  And if you could just, again, maybe just orally indicate

                                                                    2374

       1   to the jury where on what side of the garage you found those

       2   items?

       3   A.  Facing the garage it would be on your right side to these

       4   two flower beds.

       5   Q.  What did you do with these items once you found them?

       6   A.  We just stood by them because we were starting to finish

       7   up the search, so we waited until we could get some clean

       8   gloves and then we bagging the items.  We also photographed

       9   them first before we picked them up.

      10   Q.  I'm going to place before you what has been previously

      11   marked as Government Exhibits 784, 785 and 786.

      12            Do you recognize those items?

      13   A.  Yes.

      14   Q.  What is 784?

      15   A.  784 is one of the pieces of wiring.

      16   Q.  How about 785?

      17   A.  785 is another piece of wiring, it looks like.

      18   Q.  What is 786?

      19   A.  786 is a piece of black electrical tape.

      20   Q.  How do you recognize these items?

      21   A.  By the bags that they are in and the writing on the front.

      22            MR. BUTLER:  I would offer Government Exhibit 784, 85

      23   and 86 at this time, your Honor.

      24            THE COURT:  Received.

      25            (Government's Exhibits 784, 785 and 786 received in

                                                                    2375

       1   evidence)

       2            MR. BUTLER:  If we could display just for

       3   identification purposes what has been previously marked as

       4   Government Exhibit 792H.

       5   Q.  Agent Jencks, do you recognize what's depicted in

       6   Government Exhibit 792H?

       7   A.  Yes, that is a picture of the wiring and the masking tape,

       8   the electrical tape.

       9   Q.  Is this in the general area where you found them?

      10   A.  Yes, that that's exactly where they were.

      11            MR. BUTLER:  I offer Government Exhibit 792H at this

      12   time, your Honor.

      13            THE COURT:  Received.

      14            (Government's Exhibit 792H received in evidence)

      15            MR. BUTLER:  If we could display that to the jury

      16   please.

      17   Q.  Again, Agent Jenkins, this is where you found those items?

      18   A.  That's correct.

      19   Q.  And the structure, what's the white structure?

      20   A.  It's a little bit difficult to make out, but to the left

      21   you can see the front door, and in the frame is the black item

      22   in the middle.

      23   Q.  What is that to?

      24   A.  The frame to the front of the garage door.

      25            MR. BUTLER:  No further questions, your Honor.

                                                                    2376

       1            THE COURT:  Anything further of this witness?

       2            MR. WILFORD:  No questions, your Honor.

       3            THE COURT:  Very well.  You're excused.

       4            (Witness excused)

       5            THE COURT:  We'll take our afternoon recess.

       6            (Recess)

       7            (In open court; jury not present)

       8            MR. FITZGERALD:  Just note for the record our

       9   schedule for this morning is slightly amended.  An agent named

      10   Dan Gorman man is right after Lisa Foster Martin, a brief

      11   chain of custody witness.  I want to alert counsel.

      12            THE COURT:  I have spoken to the juror who asked to

      13   be off on March 22 and she has said that she could sit on that

      14   day if we started a little late, like around 10 which would

      15   translate to 11 for us, and so we will work that out.

      16            (Continued on next page)

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    2377

       1            (Jury present)

       2            THE COURT:  A week from Thursday on the 22nd of March

       3   we'll start a little later than usual, and we'll work it out

       4   with the Marshals.  I'll remind you when somebody reminds me.

       5   The government may call its next witness.

       6            MR. BUTLER:  Your Honor, the government calls Agent

       7   Chris Newcomer.

       8    CHRISTOPHER W. NEWCOMER,

       9        called as a witness by the government,

      10        having been duly sworn, testified as follows:

      11   DIRECT EXAMINATION

      12   BY MR. BUTLER:

      13   Q.  Agent Newcomer, how are you employed?

      14   A.  I'm a Special Agent with the FBI.

      15   Q.  And how long have you been with the FBI?

      16   A.  For five years.

      17   Q.  Where were you assigned, what office were you assigned to

      18   in August of 1998?

      19   A.  The Houston division.

      20   Q.  Do you have any special training?

      21   A.  I do.  I am a certified technically trained agent with the

      22   FBI.  I've also been through evidence response team

      23   certification.

      24   Q.  And were you one of the agents that was sent to Nairobi,

      25   Kenya in August of 1998?

                                                                    2378

       1   A.  Yes, I was.

       2   Q.  Approximately when did you arrive?

       3   A.  Approximately the second week of August of '98.

       4   Q.  Drawing your attention to the morning of August 23, 1998

       5   do you recall where you were then?

       6   A.  I do.

       7   Q.  Where were you?

       8   A.  I was part of a search team going to conduct a search at

       9   Runda Estates.

      10   Q.  And what was your assignment that day?

      11   A.  My particular assignment was photographer.

      12   Q.  While you were taking photographs did you take photos of

      13   the garage area at 43 Runda Estates?

      14   A.  I did.

      15   Q.  And while taking photographs of the garage area did you

      16   come across any items?

      17   A.  I did.

      18   Q.  Could you tell us what happened?

      19   A.  While taking pictures in the garage in order to get a

      20   better lighting on some of metallic-looking powder that was on

      21   one of the door ledges I opened the garage door up.  Upon

      22   opening the garage I found a small piece of metal between the

      23   door and the doorjamb itself.

      24   Q.  I want to approach with what has been previously marked as

      25   Government Exhibit 779.  Do you recognize Government Exhibit

                                                                    2379

       1   779?

       2   A.  I do.

       3   Q.  What is Government Exhibit 779?

       4   A.  That is the piece of metal that I found between the door

       5   and the doorjamb.

       6   Q.  After you found it what did you do?

       7   A.  After I located it, after I found it I notified one of the

       8   other search agents to collect it.  They collected the

       9   evidence, placed it in a plastic bag sealed it and again

      10   returned the bag to me for me to initial off on.

      11   Q.  Did you initial the bag?

      12   A.  I did.

      13            MR. BUTLER:  Your Honor, I offer Government Exhibit

      14   779 at this time.

      15            THE COURT:  Received.

      16            (Government's Exhibit 779 received in evidence.

      17   Q.  Did you take a photograph of this item?

      18   A.  I did.

      19            MR. BUTLER:  Can we display just for identification

      20   purposes what has been previously marked as Government Exhibit

      21   792I.

      22   Q.  Let's do it the old fashion way.  Let me show you a

      23   photograph what has been previously marked as 792I.

      24            Do you recognize what is depicted in Government

      25   Exhibit 792I?

                                                                    2380

       1   A.  I do.

       2   Q.  What is that?

       3   A.  That is the photograph that I did take while in Kenya, and

       4   on the photograph is this metal piece of metal.

       5   Q.  Where is the location depicted in 792I?

       6   A.  Between the door and the doorjamb of the garage.

       7            MR. BUTLER:  Your Honor, I offer Government Exhibit

       8   792I at this time.

       9            THE COURT:  Received.

      10            (Government's Exhibit 792I received in evidence)

      11            MR. BUTLER:  If the system is working now can we

      12   display it to the jury, please.

      13   Q.  If you could just maybe turn the screen around, if you

      14   could just show the jury with the pointer where you saw the

      15   metal object in 792I?

      16   A.  (Witness pointing).

      17            MR. BUTLER:  Your Honor, may I approach with what has

      18   been previously marked as Government Exhibit 779P2 for

      19   identification.

      20   Q.  Do you recognize what's in Government Exhibit 779P2?

      21   A.  This would appear to be the same metal object though I

      22   didn't take this photograph.

      23   Q.  Is that a fair and accurate representation of the piece of

      24   metal that you seized that day on August 23, 1998?

      25   A.  Yes, it is.

                                                                    2381

       1            MR. BUTLER:  Your Honor, I offer 779P2 at this time.

       2            THE COURT:  Received.

       3            (Government's Exhibit 779P2 received in evidence)

       4            MR. BUTLER:  If we could plays display that to the

       5   jury.  No further questions.

       6            THE COURT:  Anything with this witness?

       7            Mr. Wilford.

       8   CROSS-EXAMINATION

       9   BY MR. WILFORD:

      10   Q.  Good afternoon, Agent Newcomer.

      11   A.  Good afternoon.

      12   Q.  How you do, sir?

      13   A.  Doing well.

      14   Q.  Sir, when you found the metal object you didn't touch it,

      15   right?

      16   A.  That's correct, sir.

      17   Q.  You just look at it, observed it and notified an evidence

      18   collection member of the team, right?

      19   A.  That's correct.

      20   Q.  And that person handled the object with gloves?

      21   A.  Yes.

      22   Q.  They didn't touch it with their hands, right?

      23   A.  Not that I'm aware of, sir.

      24   Q.  Then they placed it in the sealed envelope and you signed

      25   off on it, right?

                                                                    2382

       1   A.  Yes.

       2            MR. WILFORD:  Nothing further.  Thank you.

       3   BY MR. BAUGH:

       4   Q.  Special Agent Newcomer, the photograph is taken of the

       5   exhibit before it's picked up?

       6   A.  Yes.

       7   Q.  Do agents routinely carry cameras with them as part of

       8   investigation?

       9   A.  As part of the search team as part of an evidence response

      10   team there is usually one assigned photographer, somebody who

      11   has special training in photography in this case was me.  I

      12   have advanced training in photography certification, and I did

      13   take two cameras with me to Africa for the purpose of

      14   photographing crime scenes.

      15   Q.  Do you take over investigative tools with you such as tape

      16   recorders and calipers and stuff like that as well?

      17            MR. BUTLER:  Objection, your Honor, to the form.

      18            THE COURT:  I'll overrule the objection.

      19            MR. BAUGH:  Thank you.

      20   Q.  Do you carry things like that with you, too?

      21   A.  Usually, yes, sir.

      22   Q.  And lastly, or two more questions.  One, the large number,

      23   there were a large number of agents in Kenya during that time.

      24   Did you all have radio communication between each other so if

      25   you needed some other agents you could radio them and get

                                                                    2383

       1   assistance?

       2   A.  I didn't have a radio.  I don't recall whether or not

       3   there was a radio with the group.  I believe that if there

       4   were using current bureau technology there were no repeaters

       5   in place, so we may have been beyond the distance that even a

       6   normal hand-held radio would have reached back to the command

       7   post.

       8   Q.  My last question.  While these various teams are going

       9   out, some picking up evidence, some interviewing witnesses and

      10   all that, was there a command structure to coordinate the

      11   activities of all these various groups?

      12   A.  Yes, sir.

      13            MR. BAUGH:  Thank you, sir.  No further questions.

      14            THE COURT:  Thank you, Agent.  You may step down.

      15            (Witness excused)

      16            MR. BUTLER:  The government calls Agent Kenneth

      17   Kempf.

      18    KENNETH E. KEMPF,

      19        called as a witness by the government,

      20        having been duly sworn, testified as follows:

      21   DIRECT EXAMINATION

      22   BY MR. BUTLER:

      23   Q.  Agent Kempf, how are you employed?

      24   A.  Fine, thank you.

      25   Q.  How are you employed, sir?

                                                                    2384

       1   A.  Oh, sorry.  I'm with the Federal Bureau of Investigation.

       2   Q.  And how long have you been an agent with the FBI?

       3   A.  A little over twenty-one years.

       4   Q.  And where were you assigned in August of 1998?

       5   A.  I was assigned to the Houston division.

       6   Q.  And were you assigned to any particular unit or division?

       7   A.  Yes, I was part of the Houston division evidence response

       8   team.

       9   Q.  Were you one of the agents that was sent to Nairobi, Kenya

      10   in August of 1998?

      11   A.  Yes, I was.

      12   Q.  And approximately when did you arrive?

      13   A.  We approximately arrived there second week of August,

      14   August 10th.

      15   Q.  Drawing your attention to the morning of August 23, 1998,

      16   do you recall where you were on this day?

      17   A.  Yes.  We were, it was a group of the ERT members that were

      18   put together that were asked to go to a particular residence

      19   to assist in a search.

      20   Q.  Do you recall where that residence was?

      21   A.  It was called the Runda Estates.

      22   Q.  And what was your assignment as part of the search that

      23   day?

      24   A.  I was part of the search team of, I was more or less the

      25   team leader that got the ERT guys together and girls, and

                                                                    2385

       1   basically put, gave some assignments out to different areas to

       2   search.

       3   Q.  Did you also actively participate in the search?

       4   A.  Yes, I did.

       5   Q.  And what did you do?

       6   A.  Initially we went directly to the house and we did

       7   primarily, the house was empty so the majority of the time we

       8   were in there we were dusting for fingerprints primarily.

       9   Q.  Did you also seize items during the course of that search?

      10   A.  We seized approximately fifty items.

      11   Q.  Were any of those items plumbing items?

      12   A.  Yes.  We seized, I seized two sink trap drains at the

      13   bottom of a couple of sinks outside.

      14   Q.  Do you recall from about what area you seized those sink

      15   drain traps from?

      16   A.  We called it the servant area that was attached to the

      17   garage which was detached from the house.

      18   Q.  And were photos taken of this area?

      19   A.  Yes.

      20            MR. BUTLER:  Can we pull up just for identification

      21   purposes what's been previously marked as Government Exhibit

      22   792J.

      23   Q.  Agent Kempf, do you recognize Government Exhibit 792J?

      24   A.  Yes, I do.

      25   Q.  What is depicted in Government Exhibit 792J?

                                                                    2386

       1   A.  It's the small sink that was attached to the servant area.

       2            MR. BUTLER:   I offer Government Exhibit 792J at this

       3   time, your Honor.

       4            THE COURT:  Received.

       5            (Government's Exhibit 792J received in evidence.

       6   Q.  The room that's leading into the sink area, what room is

       7   that, Agent Kempf?  The larger room on the other side of the

       8   door the first room that you see in that photograph.

       9   A.  The first room it appeared to be a bedroom type.  It was

      10   empty room.

      11   Q.  What was the area where the sink was located again?

      12   A.  I would have considered that just right outside the

      13   servants bedroom.

      14   Q.  Where was the garage in relationship to this sink?

      15   A.  The garage would have been as looking out of this door to

      16   the right.

      17   Q.  When you took these sink drain traps, what did you do with

      18   them?

      19   A.  I packaged the traps in tin cans, sealed them, dated them,

      20   initialed them.

      21   Q.  Agent Kempf, I placed before you what has been previously

      22   marked as Government Exhibits 777 and 778.

      23            Do you recognize those items?

      24   A.  Yes, I do.  It has my initials.  Item number 37, yes.

      25   Q.  How about the other item, Government Exhibit 778, do you

                                                                    2387

       1   recognize that one?

       2   A.  I'm going to have to open this.  Yes, I do.

       3            MR. BUTLER:  I would offer Government Exhibits 777

       4   and 778 at this time.

       5            THE COURT:  Received.

       6            (Government's Exhibits 777 and 778 received in

       7   evidence)

       8            MR. BUTLER:  No further questions.

       9            THE COURT:  Anything further of this witness?

      10            MR. BAUGH:  No questions.

      11            THE COURT:  Thank you.  You may step down.

      12            (Witness excused)

      13            MR. BUTLER:  Government calls Agent Alisa Foster.

      14    ALISA FOSTER,

      15        called as a witness by the government,

      16        having been duly sworn, testified as follows:

      17   Q.  Agent Foster, how are you employed?

      18   A.  I'm a FBI special agent assigned to the Washington field

      19   office.

      20   Q.  How long have you been at the Washington field office?

      21   A.  For approximately five years.

      22   Q.  Are you assigned to any particular team?

      23   A.  Yes, sir, I'm evidence response team member.

      24   Q.  Drawing your attention to August 1998 were you one of the

      25   agents that was sent to Nairobi, Kenya?

                                                                    2388

       1   A.  Yes, sir, I was.

       2   Q.  Approximately when did you arrive in Nairobi?

       3   A.  I arrived in Nairobi approximately August 27th and 28th

       4   towards the end of August.

       5   Q.  Just so we are clear, what was your name back in August of

       6   1998?

       7   A.  Alisa Martin.  I have been married since that time.

       8   Q.  When you went to Nairobi who went with you?

       9   A.  Three other members of the evidence response team from

      10   WFO, Susan Mitchell, Robin Bonner and Michelle Carr.

      11   Q.  Now, moving ahead to September 2, 1998, were you assigned

      12   any particular duties on that day as part of your

      13   responsibility for the evidence response team?

      14   A.  Yes, sir, I was, I was assigned to go to Comoros Islands,

      15   and search two residences.

      16   Q.  And where are the Comoros Islands located?

      17   A.  They're off the East Coast of Africa.

      18   Q.  And when did you arrive there?

      19   A.  I arrived there about 7 or 8 o'clock in the morning on

      20   September 2nd.

      21   Q.  And where were you assigned to search?

      22   A.  We were assigned to search Harun's home and also Bebe's

      23   home.

      24   Q.  These were locations described to you by whom?

      25   A.  By the supervisor in charge on the scene.

                                                                    2389

       1   Q.  Which location did you go to first?

       2   A.  We went to Harun's residence first.

       3   Q.  And about what time of the day was it that you arrived at

       4   Harun's location, you knew as Harun's residence?

       5   A.  That was about noon.

       6   Q.  And who was with you?

       7   A.  There were local gendarmerie or the local police were

       8   there.  There were also FBI LA SWAT team members who were

       9   acting as security and investigators and Susan Mitchell.

      10   Q.  And who is Susan Mitchell?

      11   A.  Susan Mitchell is a team member from WFO, Washington

      12   field.

      13   Q.  How did you get inside this location?

      14   A.  The local police went into the residence to make sure that

      15   was safe, and then they did a preliminary search, and then the

      16   FBI LA SWAT team members went in, and searched the, or

      17   actually made sure it was secure again, and searched.

      18            And then when they found evidence they thought was

      19   pertinent, they called Susan.  Susan and I went in at that

      20   point.

      21   Q.  What was your particular role in the search?

      22   A.  I was the seizing agent.

      23   Q.  What does the seizing agent do?

      24   A.  The seizing agent collects all the evidence, to make sure

      25   that it's sealed properly, and then maintains custody or

                                                                    2390

       1   control until it is transported to an evidence room.

       2   Q.  Could you please describe just generally for the jury what

       3   the location looked like that you searched, that first

       4   location?

       5   A.  Harun's home was a small house.  When you enter the front

       6   door there was a small bed to the left.  There was a chair,

       7   and also a small table.  There was a larger bed in the corner

       8   of that room.  To the right was a small kitchen, and then if

       9   you went between the two beds that was acting like it was a

      10   living room-bedroom, if you went through those the end to the

      11   back there was another small bedroom.

      12            (Continued on next page)

      13

      14

      15

      16

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    2391

       1   Q.  Generally what types of items were seized that day?

       2   A.  There was two briefcases.  There was a pair of hiking

       3   boots.  There was miscellaneous magazines and newspapers.

       4   There were some articles or letters with handwriting that was

       5   in a language other than English.  And there was some hair, I

       6   don't know if it was fake hair or real hair, that was found.

       7   Q.  Did you see any briefcases there that day?

       8   A.  Yes, I did.  There were two briefcases.

       9   Q.  Do you remember anything about these briefcases?

      10   A.  There was a black briefcase that when it was brought to

      11   me, I opened it up and I looked through preliminarily and I

      12   saw there were several passports, there were airline tickets,

      13   and these were all in numerous different names.  I recognized

      14   Harun's name because that was one name that I had been given.

      15   And there were also a few items of clothing in that briefcase.

      16   Q.  What did you do with the briefcase once you saw these

      17   documents inside the briefcase?

      18   A.  I put it into an evidence bag, a paper bag, and then wrote

      19   a brief description of the briefcase, the agent's name who

      20   gave it to me, and the location where he found it.

      21   Q.  Just to be clear, what is it that you put into the paper

      22   bag?

      23   A.  I put the briefcase.  When I opened the briefcase, I saw

      24   what was in it, I shut the briefcase, and I put the briefcase

      25   with all of its contents into the paper bag.

                                                                    2392

       1   Q.  Agent Foster, I have placed before you what has been

       2   previously marked as Government's Exhibit 900.  Do you

       3   recognize Government's Exhibit 900?

       4   A.  Yes, sir, I do.

       5   Q.  How do you recognize Government's Exhibit 900?

       6   A.  It has my name on it, and I also just remember the

       7   briefcase, because of the documents inside.

       8   Q.  To be clear, is that the briefcase that you obtained at

       9   Harun's evidence that day?

      10   A.  Yes, it is.

      11            MR. BUTLER:  Offer Government's Exhibit 900 at this

      12   time, your Honor.

      13            THE COURT:  It is received.

      14            (Government's Exhibit 900 received in evidence)

      15   Q.  Agent Foster, I have now placed before you what have been

      16   previously marked as Government's Exhibits 951 and 952.  Do

      17   you recognize those items?

      18   A.  Yes, I do.

      19   Q.  How do you recognize those items?

      20   A.  It has my name on the bag and I also remember the hiking

      21   boots from the residence.

      22   Q.  You obtained these items from where?

      23   A.  From Harun's residence.

      24            MR. BUTLER:  I offer Government's Exhibits 951 and

      25   952 at this time, your Honor.

                                                                    2393

       1            THE COURT:  Received.

       2            (Government's Exhibits 951 and 952 received in

       3   evidence)

       4   Q.  I place before you what has been previously marked as

       5   Government's Exhibit 953 for identification, and I will ask

       6   you to open the bag and just look inside and see if you

       7   recognize Government's Exhibit 953?

       8   A.  Yes, I do.

       9   Q.  What is Government's Exhibit 953?

      10   A.  This is hair, or fake hair taken from one of the hiking

      11   boots at Harun's residence.

      12   Q.  How do you recognize Government's Exhibit 953?

      13   A.  From memory, and also my writing and name is on the

      14   packaging.

      15            MR. BUTLER:  Your Honor, I offer Government's Exhibit

      16   953 at this time.

      17            THE COURT:  Received.

      18            (Government's Exhibit 953 received in evidence)

      19   Q.  Agent Foster, I place before you two items.  The larger

      20   item, I believe, has been marked as Government's Exhibit 955,

      21   and the smaller item 954, and I will just ask if you recognize

      22   those items?

      23   A.  I need something to open this -- no, I am sorry, I've got

      24   it.

      25            Yes, I do.

                                                                    2394

       1   Q.  How do you recognize those items?

       2   A.  I recognize them, some from memory and also my name and my

       3   writing is on the containers.

       4   Q.  What is in Government's Exhibit 954 and 955?

       5   A.  Clothes taken from Harun's residence, from the back

       6   bathroom mostly in the larger container, and the small

       7   container, items of clothing found in the black briefcase.

       8            MR. BUTLER:  Your Honor, I would offer 954 and 955 at

       9   this time.

      10            THE COURT:  Yes, received.

      11            (Government's Exhibits 954 and 955 received in

      12   evidence)

      13   Q.  Agent Foster, about how long did this first search last in

      14   Harun's residence?

      15   A.  Approximately 45 minutes to an hour.

      16   Q.  While you were conducting the search, what was going on

      17   outside?

      18   A.  There were 1 to 200 locals that had gathered around the

      19   residence.

      20   Q.  What if anything did this cause you to do inside?

      21   A.  This just caused us to expedite the search.

      22   Q.  The items that you took from this first location, what did

      23   you do with them?

      24   A.  In the residence, I took them and placed them into

      25   evidence bags, and wrote a brief description of what the item

                                                                    2395

       1   was and what agent located it and the location that the agent

       2   found it in.  I then took those items and took them to a

       3   vehicle outside of the residence.

       4   Q.  What did you do next?

       5   A.  We immediately went to the second search, which was Bebe's

       6   residence.

       7   Q.  About what time did you arrive there?

       8   A.  Approximately 1:00.

       9   Q.  How did you gain access to this location?

      10   A.  It was the same manner as we had gone into Harun's

      11   residence.  The local police went in first to make sure the

      12   home was secure.  Then they searched.  Then they called the

      13   FBI L.A. SWAT team in.  They did a quick security search and

      14   they searched for evidence.  When they found evidence that

      15   they believed to be pertinent to the case they called in the

      16   ERT, which would be Susan and myself.

      17   Q.  Could you briefly describe for the jury what this location

      18   was.

      19   A.  This location was a larger home.  When you walked in,

      20   there was a dining room with a dining room table to the right.

      21   There was a computer on the top of the dining room table.

      22   When you walked through the house there were several bedrooms

      23   and a bathroom.

      24   Q.  What types of items did you recover at this location?

      25   A.  We recovered magazines, newspaper articles about the

                                                                    2396

       1   bombings in Nairobi.  We recovered a computer and computer

       2   diskettes.  We recovered from clothing items, also a duffel

       3   bag with miscellaneous documents and clothing items inside the

       4   duffel bag.

       5   Q.  Agent Foster, I have placed before you what has been

       6   previously marked as Government's Exhibit 947.  Do you

       7   recognize Government's Exhibit 947?

       8   A.  Yes, I do.

       9   Q.  What is Government's Exhibit 947?

      10   A.  It is the yellowish-goldish duffel bag taken from Bebe's

      11   house with miscellaneous books and newspaper articles inside

      12   it.

      13            MR. BUTLER:  Your Honor, I would offer Government's

      14   Exhibit 947 at this time.

      15            THE COURT:  Received.

      16            (Government's Exhibit 947 received in evidence)

      17   Q.  What did you do with the items that you recovered from

      18   this location, Agent Foster?

      19   A.  After we marked them for identification, we took them back

      20   to the vehicle.  Then we took all items seized from both

      21   searches back to headquarters, the local police headquarters.

      22   Q.  Approximately how long were you at this location?

      23   A.  Less than an hour.

      24   Q.  What was going on outside this location?

      25   A.  There were hundreds of locals who had gathered around the

                                                                    2397

       1   residence.

       2   Q.  Did this cause you to do anything inside the second

       3   location?

       4   A.  It again caused us to expedite the search.

       5   Q.  Where did you go after this second search?

       6   A.  We went to the local Comoros police headquarters.

       7   Q.  What did you do with the items that you seized that day at

       8   the Comoros police headquarters?

       9   A.  When we returned to the headquarters, the local police

      10   chief wanted to look at the items that we had taken from the

      11   two residences.  So, for example, I would take one piece of

      12   evidence and it would be in a paper evidence bag.  I would

      13   take that evidence out.  I would place it on top of the paper

      14   bag and place it, not on the ground, it was like a car port

      15   area.  So I placed all the items out so the local police chief

      16   could view the items we had taken from the residences.

      17   Q.  Why did you do that?

      18   A.  Because they were making the decision whether we could

      19   take those away from the island or not.

      20   Q.  How long did it take before they reached their decision?

      21   A.  10 p.m. that night.

      22   Q.  What did you do during this period of time?

      23   A.  I remained with the evidence, so I had control of the

      24   evidence.

      25   Q.  While you were waiting at the Comoros police station, did

                                                                    2398

       1   you receive any additional items?

       2   A.  Yes, I did.  About 7 or 7:30 that night, Special Agent

       3   William Corbett came to me and told me about two items that

       4   the local police had taken when we went into Harun's home and

       5   Bebe's home before we went in, and they didn't tell us at the

       6   time, but they told us later that night.  They told Agent

       7   Corbett, and they were willing to give those items up.  One

       8   item was a letter written in another language other than

       9   English, and the second item, it appeared to be an address

      10   book.

      11   Q.  Agent Foster, I place before you what has been previously

      12   marked as Government's Exhibit 946A.  Do you recognize

      13   Government's Exhibit 946A?

      14   A.  Yes, I do.

      15   Q.  What is that?

      16   A.  It is a letter written in another language other than

      17   English, possibly Arabic.

      18   Q.  How do you recognize that?

      19   A.  I recognize it because I have marked it with my name.

      20   Q.  Is that one of the items that you received while you were

      21   at the Comoros police station?

      22   A.  Yes, it is.

      23            MR. BUTLER:  I would offer 946A at this time, your

      24   Honor.

      25            THE COURT:  Received.

                                                                    2399

       1            (Government's Exhibit 946A received in evidence)

       2   Q.  Did the Comoros police make a decision about whether you

       3   could take the items seized in the search?

       4   A.  Yes, they did.

       5   Q.  What did they decide?

       6   A.  They decided we could take probably 99 percent of the

       7   items seized.  There were a few toiletry items that they

       8   wanted to return to Harun's wife, but other than that we could

       9   take them.

      10   Q.  What did you with the items seized?

      11   A.  We repackaged the evidence and put it into a vehicle and

      12   we spent the night -- since it was quite late we went to a

      13   hotel, and at the hotel we did the final sealing of the

      14   evidence.

      15   Q.  Once again regarding the black briefcase that has been

      16   entered into evidence as Government's Exhibit 900, what did

      17   you do with respect to the black briefcase?

      18   A.  I sealed it and I finished writing the description on the

      19   bag and remained with the evidence until the next day.

      20   Q.  Were the documents still inside the briefcase when you

      21   sealed up the briefcase?

      22   A.  Yes.

      23   Q.  When did you leave the Comoros?

      24   A.  We left early the next morning.

      25   Q.  Where did you go?

                                                                    2400

       1   A.  We left to return back to Nairobi.

       2   Q.  What did you do with the items you seized once you

       3   returned to Nairobi?

       4   A.  We took them immediately to CID headquarters, to the

       5   evidence room.

       6   Q.  Specifically with regard to the black briefcase,

       7   Government's Exhibit 900, do you know what you did with the

       8   black briefcase?

       9   A.  Yes, sir.  Shortly after we returned I gave the black

      10   briefcase to Special Agent Mike Anticev.

      11            MR. BUTLER:  Your Honor, we have one more topic to

      12   cover with Agent Foster.

      13            THE COURT:  How long?

      14            MR. BUTLER:  Another 10 minutes or so.

      15            THE COURT:  Is that all right?  Thank you.

      16   Q.  Agent Foster, drawing your attention to September 7, 1998,

      17   were you given a particular assignment in connection with your

      18   ERT duties on that date?

      19   A.  Yes, sir, I was.

      20   Q.  What was the assignment that you received on September 7?

      21   A.  We were assigned to search a small white Datsun truck.

      22   Q.  Where was that truck located?

      23   A.  It was located under a carport at CID headquarters.

      24   Q.  Did you take any pictures of the truck during the search?

      25   A.  Yes, sir, we did.

                                                                    2401

       1            MR. BUTLER:  I would like to please display just for

       2   identification purposes what has been previously marked as

       3   Government's Exhibit 960A.

       4   Q.  Do you recognize this series of photographs in

       5   Government's Exhibit 960A?

       6   A.  Yes, sir.

       7   Q.  What is Government's Exhibit 960A?

       8   A.  It is photographs of the white Datsun truck that we

       9   searched on September 9.

      10   Q.  Are these fair and accurate representations of the truck

      11   that you searched?

      12   A.  Yes, it is.

      13            MR. BUTLER:  Your Honor, I would offer Government's

      14   Exhibit 960A at this time.

      15            THE COURT:  It is received.

      16            (Government's Exhibit 960A received in evidence)

      17            MR. BUTLER:  Now would you please display them to the

      18   jury.

      19   Q.  Who was with you object on this search?

      20   A.  It was the same team that came from Washington.  It was

      21   Robin Bonner, Michelle Carr, and Susan Mitchell.  There were

      22   also some bomb technicians from headquarters.

      23   Q.  What did the bomb technicians do?

      24   A.  One technician put a Ty-Vec suit on and took one swabbing

      25   of the vehicle, and he also made sure that there were no

                                                                    2402

       1   explosive devices inside the vehicle and that it was safe for

       2   us to search it.

       3   Q.  Were any explosive devices found on the truck?

       4   A.  No, sir.

       5   Q.  What was your role in the search of the truck that day?

       6   A.  I was responsible for part of the swabbings of the

       7   vehicle, for vacuuming, for obtaining loose evidence, and I

       8   also super-glued some of the items that we removed from the

       9   vehicle.

      10   Q.  Why did you super-glue items?

      11   A.  We felt that -- it is possible to super-glue an item and

      12   send it back to FBI lawyers, to the lab.  It's for

      13   fingerprints.  We can dust there but it is always better to --

      14   the super glue -- it is literally super-glue vapors, and it

      15   kind of hardens any prints that we find on the item.  And then

      16   headquarters can process it.

      17   Q.  In preparation for taking the swabbings, what did you do?

      18   A.  I put on a Ty-Vec suit.

      19   Q.  Anything else?

      20   A.  There was a control swab taken of the suit and also of my

      21   gloves.

      22   Q.  How did you swab the truck?

      23   A.  We have a vial of cotton balls and forceps.  You take the

      24   forceps, you get a cotton ball, and you swab different areas

      25   of the truck.  And you take that cotton ball and you put it

                                                                    2403

       1   into a separate individual glass vial and seal it.

       2   Q.  What parts of the truck did you swab?

       3   A.  I swabbed portions of the bed and I also swabbed some of

       4   the interior of the truck.

       5   Q.  Agent Foster, I place before you what have been previously

       6   marked as Government's Exhibits 970, 978, 974, and 972, and I

       7   will ask if you recognize these items?  I am sorry, Agent

       8   Foster, I have one more, it is 980.

       9   A.  Yes, I do.

      10   Q.  What are those items?

      11   A.  These are swabbings that we took of the truck bed, I took

      12   of the truck bed, and also a few of the interior of the truck.

      13   Q.  What did you do with the swabbings once you were done with

      14   them?

      15   A.  We took the swabbings and put them into an individual

      16   vial, small glass vial, and sealed it.

      17            MR. BUTLER:  Your Honor, I offer the exhibits at this

      18   time.

      19            THE COURT:  Yes.  970, 974, 978, 972 and 980

      20   received.

      21            (Government's Exhibits 970, 972, 974, 978 and 980

      22   received in evidence)

      23   Q.  Did you also search the cab area of the truck, Agent

      24   Foster?

      25   A.  Yes, I did.

                                                                    2404

       1   Q.  What did you do in the search of the cab area of the

       2   truck?

       3   A.  I did a few things.  I took the rear view mirror and

       4   super-glued it.  I also took the driver's side, took a razor

       5   and cut the driver's side seat, the top of that out.  I

       6   believe I located a couple of loose items.

       7   Q.  Were photos taken of the cab area of the truck?

       8   A.  Yes, sir, they were.

       9            MR. BUTLER:  Can we display just for identification

      10   purposes what has been previously marked as Government's

      11   Exhibit 960B.

      12   Q.  Do you recognize what is depicted in Government's Exhibit

      13   960B, Agent Foster?

      14   A.  Yes, sir, that is the interior of the truck.

      15            MR. BUTLER:  Your Honor, I would offer 960B at this

      16   time.

      17            THE COURT:  Received.

      18            (Government's Exhibit 960B received in evidence)

      19   Q.  I place before you, Agent Foster, what have been marked as

      20   Government's Exhibits 988, 984A through C, and 990, and ask

      21   whether you recognize these items?  Why don't we start with

      22   the exhibit in the bag to your left.  Do you recognize the

      23   exhibit in the bag to your left?

      24   A.  Yes, I do.

      25   Q.  What number is that?  What is the exhibit number on that?

                                                                    2405

       1   A.  It is Exhibit 990.

       2   Q.  What is Exhibit 990?

       3   A.  It is the rear view mirror from the interior of the white

       4   truck.

       5            MR. BUTLER:  I would offer Government's Exhibit 990

       6   at this time, your Honor.

       7            THE COURT:  It is received.

       8            (Government's Exhibit 990 received in evidence)

       9   Q.  Going to the next item, what item is that, Agent Foster?

      10   A.  This is a light cover from the truck -- actually, two --

      11   and a lug nut.

      12   Q.  Do you recognize those items?

      13   A.  Yes, sir, I do.

      14   Q.  Were those items that you seized from inside of the truck

      15   that day?

      16   A.  Yes, in the glove box of the truck.

      17   Q.  What is the exhibit number, Agent Foster?

      18   A.  984A-C.

      19   Q.  I would offer that exhibit at this time, your Honor.

      20            THE COURT:  It is received.

      21            (Government's Exhibit 984A-C received in evidence)

      22   Q.  Lastly, the item in the large can, do you recognize that

      23   item, Agent Foster?

      24   A.  Yes, sir, I do.

      25   Q.  What is that?

                                                                    2406

       1   A.  This is the seat, the bottom of the seat that I removed

       2   from the white truck.

       3   Q.  What is the exhibit on that item, on the side of the can?

       4   A.  988.

       5            MR. BUTLER:  I would offer 988 at this time, your

       6   Honor.

       7            THE COURT:  Evidence received.

       8            (Government's Exhibit 988 received in evidence)

       9   Q.  After you seized these items, Agent Foster, what did you

      10   do with them?

      11   A.  Sealed them and took them to the evidence room at CID

      12   headquarters.

      13            MR. BUTLER:  No further questions, your Honor.

      14            MR. BAUGH:  Just one.

      15   CROSS-EXAMINATION

      16   BY MR. BAUGH:

      17   Q.  Special Agent, do you know how that address became

      18   targeted as a suspect address?

      19   A.  No, sir, I don't.

      20            MR. BAUGH:  Thank you.

      21            THE COURT:  Mr. Wilford.

      22   CROSS-EXAMINATION

      23   BY MR. WILFORD:

      24   Q.  Good afternoon, Agent Foster.

      25   A.  Good afternoon.

                                                                    2407

       1   Q.  How are you?

       2   A.  Good, thank you.

       3   Q.  Agent, when you described taking the various items from

       4   several searches to CID headquarters -- is that correct?

       5   A.  Yes, sir.

       6   Q.  That was located in Nairobi?

       7   A.  Yes, sir.

       8   Q.  There they were placed in, what you said, the evidence

       9   room?

      10   A.  Yes, sir, there was one room designated as an evidence

      11   room.

      12   Q.  Who was in charge of that room?

      13   A.  While I was there, Susan Mitchell, part of my team, was in

      14   charge of the room.  When she left, Michelle Carr was the

      15   custodian of the room.

      16   Q.  Was there a system for logging items into the room and

      17   logging items out of the room?

      18   A.  Generally each item had a chain of evidence -- chain of

      19   custody, excuse me.  When I received something, my name would

      20   be the first name or the second name on the item.  Then I

      21   would put it into the evidence room and that would be marked

      22   on that sheet, that it was put into the evidence room.  If

      23   anyone took that from that room, then they would sign for that

      24   item.

      25   Q.  When items were sent to Washington for further forensic

                                                                    2408

       1   examination, were they logged out?

       2   A.  I don't know because I never did that.  I know that I was

       3   told if I did take something out of the room that I would log

       4   it out, but I never did that.

       5   Q.  Was the room locked?

       6   A.  Yes, sir.

       7   Q.  Who maintained the key?

       8   A.  Susan Mitchell had a key and she was our team leader.

       9   Q.  The key that Miss Mitchell had, she received that from the

      10   Kenyan CID; is that correct?

      11   A.  I don't know.  She was the team leader, so she talked to

      12   supervisors when I wasn't present.

      13   Q.  The system of accountability that was employed for that

      14   evidence room was the same that the FBI maintained in the

      15   United States; isn't that correct?

      16   A.  As far as the chain of custody, yes.

      17            (Continued on next page)

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    2409

       1            MR. WILFORD:  Nothing further.  Thank you.

       2            THE COURT:  Anything further of this witness?

       3            MR. BUTLER:  No, your Honor.

       4            THE COURT:  Thank you.  You may step down.

       5            (Witness excused)

       6            THE COURT:  Thank you, ladies and gentlemen.  We are

       7   adjourned till tomorrow.

       8            (Jury excused)

       9            THE COURT:  Any matters that should be addressed

      10   prior to the return of the jury tomorrow?

      11            MR. RICCO:  No, your Honor.

      12            THE COURT:  I assume counsel will advise me if and

      13   when it is appropriate to talk to the jury about the calendar.

      14   We are adjourned until tomorrow.

      15            (Proceedings adjourned until Tuesday, March 13, 2001,

      16   at 9:45 a.m.)

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    2410

       1

       2                        INDEX OF EXAMINATION

       3   Witness                    D      X      RD     RX

       4   DONALD SACHTLEBEN.......2230   2245    2266    2267

       5   JUNICHI MYAGI...........2268    2280

       6   SAID SALIM OMAR.........2283   2294

       7   TAMARRA RATEMO..........2295   2318

       8   RONALD L. KELLY.........2320   2323

       9   STEVE CASPER............2328

      10   JOHN JOSEPH HUGHES......2338   2344

      11   PATRICK BUCKLEY.........2346   2359

      12   STEPHEN M. HAUG.........2362   2365

      13   ROGER C. STANTON........2366

      14   ICEY LOU JENKINS........2371

      15   CHRISTOPHER W. NEWCOMER.2377   2381

      16   KENNETH E. KEMPF........2383

      17   ALISA FOSTER............2387   2406

      18                        GOVERNMENT EXHIBITS

      19   Exhibit No.                                     Received

      20    840 ........................................2241

      21    802-D1 .....................................2245

      22    841A through 841F ..........................2274

      23    Government Exhibits 583A ...................2287

      24    123 ........................................2289

      25    567A through G .............................2297

                                                                    2411

       1    582 ........................................2300

       2    568 ........................................2309

       3    586 ........................................2314

       4    842 and 843 ................................2323

       5    839-P1 and 839-P2 ..........................2333

       6    695A through 695J ..........................2341

       7    696 and 696P ...............................2343

       8    791A and 791B ..............................2349

       9    751 through 755 ............................2351

      10    792A .......................................2353

      11    756 through 759 ............................2355

      12    792B .......................................2356

      13    792C .......................................2356

      14    792D .......................................2357

      15    760 to 776 .................................2358

      16    750 ........................................2365

      17    792E .......................................2369

      18    792F .......................................2369

      19    780 through 783 ............................2370

      20    784, 785 and 786 ...........................2374

      21    792H .......................................2375

      22    779 ........................................2379

      23    792I .......................................2380

      24    779P2 ......................................2381

      25    792J .......................................2386

                                                                    2412

       1    777 and 778 ................................2387

       2    900 ........................................2392

       3    951 and 952 ................................2393

       4    953 ........................................2393

       5    954 and 955 ................................2394

       6    947 ........................................2396

       7    960A .......................................2401

       8    970, 972, 974, 978 and 980 .................2403

       9    960B .......................................2404

      10    990 ........................................2405

      11    984A-C .....................................2405

      12    988 ........................................2406

      13    946A .......................................2399

      14                         DEFENDANT EXHIBITS

      15   Exhibit No.                                     Received

      16    Odeh AA ....................................2266

      17

      18

      19

      20

      21

      22

      23

      24

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