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

This is the transcript of Day 20 of the trial, 20 March 2001.

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

                                                                    2926

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

       3   UNITED STATES OF AMERICA

       4              v.                           S(7) 98 Cr. 1023

       5   USAMA BIN LADEN, et al.,

       6                  Defendants.

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

       8
                                                   New York, N.Y.
       9                                           March 20, 2001
                                                   10:25 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

                                                                    2927

       1                            APPEARANCES

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

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

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

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

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    2928

       1            (Trial resumed)

       2            (Jury present)

       3            THE COURT:  Good morning.

       4            JURORS:  Good morning.

       5            THE COURT:  We are a little late getting started, for

       6   which we apologize but that is because the attorneys have been

       7   working on some stipulations to have the trial proceed in the

       8   most efficient manner possible, and I believe that the next

       9   orders order of business is with regard to stipulations.  Mr.

      10   Butler.

      11            MR. BUTLER:  I would like to read a stipulation

      12   marked Government's Exhibit 74 for identification.  It reads:

      13            It is hereby stipulated and agreed by and between the

      14   parties that if called as a witness an employee of Telkom

      15   Kenya, formerly known as Kenya Posts and Telecommunications

      16   Corporation, familiar with the records maintained by that

      17   company would testify as follows:

      18            1.  Government's Exhibits 578A through 578G are

      19   authentic business records of Telkom Kenya that were made at

      20   or near the time of the events recorded in them from

      21   information transmitted by a person with knowledge and were

      22   prepared and kept in the regular course of Telkom Kenya's

      23   business activity.

      24            2.  Government's Exhibits 578A through 578D are

      25   billing records from Telkom Kenya from international calls

                                                                    2929

       1   made from the telephone number 25124320 during the period May

       2   1998 through August 1998.  A billing record reflects, among

       3   other things, outgoing calls made from a telephone number or

       4   numbers, the outgoing telephone number called from a

       5   telephone, the time and date of the call, the length of the

       6   call, operator-assisted calls, and other related information.

       7            3.  Government's Exhibit 578E are authentic business

       8   records of Telkom Kenya that were made at or near the time of

       9   the acts or events recorded in them from information

      10   transmitted by a person with knowledge and were prepared and

      11   kept in the regular course of Telkom Kenya's business

      12   activity.  Specifically, Government's Exhibit 578E are billing

      13   records from Telkom Kenya for operator-assisted international

      14   calls made from the telephone number 2512430 during the period

      15   August 2, 1998, through August 7, 1998.  A billing record for

      16   international operator assisted calls reflects, among other

      17   things, outgoing calls made from the telephone number or

      18   numbers, the outgoing number called from the telephone, the

      19   time and date of the call, the length of the call and the

      20   identity of the caller as provided to the operator at the time

      21   of the call, the P.O. Box address of the caller, and other

      22   related information.

      23            4.  Government's Exhibit 578F are billing records

      24   from Telkom Kenya for international calls made from the

      25   telephone number 2766793 during the period August 1998.  The

                                                                    2930

       1   subscriber for telephone number 2766793 during the period

       2   August 1998 was Abdulari M. Hassan, Box 16010, Eastleigh,

       3   Kenya, and the telephone was located at 11th Street in

       4   Eastleigh.  The billing record reflects, among other things,

       5   outgoing calls made from a telephone number or numbers, the

       6   outgoing telephone number called from a telephone, the time

       7   and date of the call, the length of the call,

       8   operator-assisted calls, and related information.

       9            5.  Government's Exhibit 578G are billing records

      10   from Telkom Kenya for international calls, telephone calls

      11   made from the telephone number 2767437 during the period

      12   August 1998.  The subscriber for telephone number 2767437

      13   during the period August 1998 was All Communications Services,

      14   Box 71687, Eastleigh, Kenya, and the telephone was located on

      15   9th Street in Eastleigh.  A billing record reflects, among

      16   other things -- the same information -- outgoing calls made

      17   from a telephone number or numbers, the outgoing number called

      18   from a telephone, the time and date of the call, the length of

      19   the call, operator assisted calls, and other related

      20   information.

      21            6.  Authentic business records of Telkom Kenya that

      22   were made at or near the time of the acts and events recorded

      23   in them and were prepared and kept in the ordinary course of

      24   business of Telkom Kenya show that the subscriber for the

      25   telephone number 2250601 during the period May 1998 through

                                                                    2931

       1   August 1998 was the Hilltop Hotel in Nairobi, Kenya.

       2            7.  Authentic business records of Telkom, Kenya, that

       3   were made at or near the time of the acts and events recorded

       4   in them and were prepared and kept in the ordinary course of

       5   business of Telkom Kenya indicate that the subscriber for the

       6   telephone number 2765999 during the period May 1998 through

       7   August 1998 show the subscriber as the Ramada Hotel in

       8   Eastleigh, Kenya.

       9            It is further stipulated and agreed that Government's

      10   Exhibits 578A through 578G may be received in evidence at

      11   trial and it is further stipulated and agreed that this

      12   stipulation may be received in evidence as a Government's

      13   Exhibit at trial.

      14            Your Honor, we would move the stipulation which is

      15   Government's Exhibit 74 and the underlying Exhibits, which are

      16   Government's Exhibits 578A through 578G, at this time.

      17            THE COURT:  Received.

      18            (Government's Exhibits 74 and 578A through 578G

      19   received in evidence)

      20            MR. KARAS:  Your Honor, there is a stipulation among

      21   the parties that Government's Exhibit 1067 is a photograph

      22   taken of Khalfan Khamis Mohamed on October 5, 1999, and at

      23   this time we move Government's Exhibit 1067 into evidence.

      24            THE COURT:  Received.

      25            (Government's Exhibit 1067 received in evidence)

                                                                    2932

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

       2   1067.

       3            THE COURT:  Yes.

       4            MR. KARAS:  At this time we would like to display

       5   some exhibits that were entered by stipulation yesterday.  The

       6   first would be Government's Exhibit 1000-1.

       7            THE COURT:  Yes.

       8            MR. KARAS:  These are from the stipulation dealing

       9   with documents in the Home Affairs Office file in South

      10   Africa.

      11            Then we would like to display Exhibit 1015-P1.

      12            THE COURT:  Yes.

      13            MR. KARAS:  1016.  1017.  1018-1.  Dash 2.  And

      14   1018-3.  Next, 1019.

      15            Next, your Honor, we would like to read from a

      16   stipulation that has been marked for identification as

      17   Government's Exhibit 52.

      18            It is hereby stipulated and agreed by and between the

      19   parties as follows:

      20            1.  If called to testify as a witness, a family

      21   member of Hamden Khalif Allah Awad would testify that during

      22   the evening of August 6, 1998, Hamden Khalif Allah Awad called

      23   his family in Alexandria, Egypt, and asked that other family

      24   members be summoned for a telephone call the next morning.

      25            2.  The same family member would testify that on

                                                                    2933

       1   August 7, 1998, Hamden Khalif Allah Awad called his family in

       2   Alexandria, Egypt, and said that he was about to "leave this

       3   life."

       4            3.  If called as a witness, a relative of Hamden

       5   Khalif Allah Awad would testify that he provided a blood and

       6   saliva sample in December 1998.

       7            4.  If called as a witness, a laboratory technician

       8   from the FBI would testify that she compared the mitochondrial

       9   DNA, mtDNA, contained in the blood sample provided by the

      10   relative of Hamden Khalif Allah Awad with the mtDNA sequence

      11   obtained from a yellow razor and a hair found in the same

      12   yellow razor seized from 213 Ilala, Dar es Salaam, Tanzania --

      13   the razor is previously received into evidence as Government's

      14   Exhibit 1358 -- and concluded that the mtDNA sequences are the

      15   same.  Thus, Hamad cleave al Wadih could not be eliminated as

      16   the source of the hair found on the yellow razor marked as

      17   Government's Exhibit 1358A.

      18            At this time, your Honor, we move Government's

      19   Exhibit 52 into evidence.

      20            THE COURT:  Received.

      21            (Government's Exhibit 52 received in evidence)

      22            MR. KARAS:  Next, your Honor, we would like to read

      23   from a stipulation marked as Government's Exhibit 68.

      24            It is hereby stipulated and agreed by and between the

      25   parties as follows:

                                                                    2934

       1            1.  If called to testify as a witness an employee of

       2   DHL Worldwide Express in Dar es Salaam, Tanzania, would

       3   testify that Government's Exhibit 1450 is a copy of an air

       4   bill receipt for a DHL package sent from Dar es Salaam,

       5   Tanzania, on August 6, 1998, to a location in Alexandria,

       6   Egypt; that this air bill receipt was made at the time by a

       7   DHL employee who processed the shipment request; and that the

       8   receipt was copied and maintained in the course of DLH's

       9   regularly conducted business activity.

      10            At this time we move Government's Exhibits 68 and

      11   1450 into evidence.

      12            THE COURT:  Received.

      13            (Government's Exhibits 68 and 1450 received in

      14   evidence)

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

      16   1450.

      17            Next, your Honor, we will read from stipulation

      18   marked for identification as Government's Exhibit 69.  It is

      19   hereby stipulated and agreed by and between the parties as

      20   follows:

      21            If called to testify as a witness, a consular officer

      22   from the Yemeni Embassy in Tanzania would testify that

      23   Government's Exhibit 1451 is a copy of an application for a

      24   Yemeni visa dated July 28, 1998, in the name Zahran Nassor

      25   Maulid, and a photograph of Khalfan Khamis Mohamed submitted

                                                                    2935

       1   with the application, both of which were maintained in a file

       2   at the Yemeni Embassy in Tanzania.  Government Exhibit 1451-T

       3   is a fair and accurate English translation of Government's

       4   Exhibit 1451.

       5            At this time, your Honor, we offer Government's

       6   Exhibits 69, 1451 and 1451-T.

       7            THE COURT:  Received.

       8            (Government's Exhibits 69, 1451 and 1451-T received

       9   in evidence)

      10            MR. KARAS:  And if we could display 1451.

      11            THE COURT:  Yes.

      12            MR. KARAS:  Next, your Honor, we would read from

      13   stipulation marked for identification as Government's Exhibit

      14   71.

      15            It is hereby stipulated and agreed by and between the

      16   parties as follows:

      17            1.  Government's Exhibit 1000 is a copy of a

      18   temporary permit to prohibited person from the Department of

      19   Home Affairs, Republic of South Africa, in the name Zahran

      20   Nassor Maulid, dated September 15, 1998.  This document

      21   contains a photograph of Khalfan Khamis Mohamed.

      22            2.  Government's Exhibit 1001 is a copy of a

      23   temporary permit to prohibited person from the Department of

      24   Home Affairs, Republic of South Africa, in the name of Zahran

      25   Nassor Maulid, dated July 6, 1999.  This document contains a

                                                                    2936

       1   photograph of Khalfan Khamis Mohamed.

       2            3.  Government's Exhibit 1002 is a handwritten

       3   statement in the name Zahran Nassor Maulid, which is written

       4   in the Swahili language.  Government's Exhibit 1002-T is a

       5   fair and accurate English translation of Government's Exhibit

       6   1002.

       7            4.  Government's Exhibit 1003 is a copy of a

       8   Tanzanian passport in the name of Zahran Nassor Maulid and

       9   contains a photograph of Khalfan Khamis Mohamed.

      10            5.  The exhibits listed in paragraphs 1 through 4

      11   were maintained in the file of the Home Affairs Office in

      12   Capetown, South Africa, in the regular course of business of

      13   that agency.

      14            Your Honor, at this time we would offer Government's

      15   Exhibits 71 and 1000, 1001, 1002, 1002-T, 1003.

      16            THE COURT:  Received.

      17            (Government's Exhibits 71, 1000, 1001, 1002, 1002-T

      18   and 1003 received in evidence)

      19            MR. KARAS:  If we could display Exhibit 1001.

      20            Next if we could display 1002-1, and 1002-T.  Just

      21   for the record I will read out 1002-T.

      22            Nassor Zahran Maulid, date of birth 24th April 1997.

      23   My name is Zahran Nassor Maulid and I am a native of Zanzibar

      24   in Tanzania.  I came here in South Africa due to problems and

      25   those problems are the ones that prompted me to flee my

                                                                    2937

       1   country.  My job was to arrange venues for political meetings

       2   that were held by the CUF opposition party.  Those activities

       3   did not please the leaders of the ruling party, the CCM.  So

       4   they decided to use the force in their hands to harass us

       5   members of that opposition party.  Then I decided to run away

       6   and look for means to come here in South Africa.  I left Dar

       7   es Salaam on the 9th August 1998 and entered Mozambique the

       8   very same day.  From there I proceeded and came to South

       9   Africa, where I arrived on the 16th August 1998.  That is my

      10   statement in short.

      11            And then if we could display 1003-1.

      12            Your Honor, next the government would propose to read

      13   from a stipulation marked for identification as Exhibit 57:

      14   It is hereby stipulated and agreed by and between the parties

      15   that Government's Exhibit 1106 is a copy of the lease of the

      16   property on which the United States Embassy in Dar es Salaam,

      17   Tanzania, was located as of August 7, 1998.

      18            At this time, your Honor, we offer Government's

      19   Exhibit 57 and Exhibit 1106.

      20            THE COURT:  Yes, received.

      21            (Government's Exhibits 57 and 1106 received in

      22   evidence)

      23            MR. KARAS:  Next, your Honor, we would read from

      24   stipulation marked for identification as Government's Exhibit

      25   59.

                                                                    2938

       1            It is hereby stipulated and agreed by and between the

       2   parties as follows:

       3            1.  If called as a witness an employee of Mobitel,

       4   MIC Tanzania Ltd., hereinafter Mobitel, familiar with the

       5   records maintained by that company would testify that

       6   Government's Exhibit 1459 is a collection of authentic

       7   business records of Mobitel made at or near the time of the

       8   acts and events recorded in them from information transmitted

       9   by a person with knowledge and were prepared and kept in the

      10   regular course of Mobitel's business activity.  Insofar as the

      11   records and documents are taken from a computer, the computer

      12   equipment used was at all material times operating properly

      13   and used in the regular course of Mobitel's business and there

      14   are no reasonable grounds for believing that any record or

      15   document attached hereto is inaccurate because of improper use

      16   of the computer.

      17            2.  Government's Exhibit 1459 represents billing

      18   records from Mobitel for the local mobile telephone number

      19   328848 during the period April 1998 through August 1998.

      20            3.  A billing record reflects, among other things:

      21   The person listed as a subscriber to the phone, outgoing calls

      22   made from a mobile telephone number, the outgoing telephone

      23   number called from a mobile telephone, the foreign country in

      24   which the number called is located, the local time and date of

      25   the call, the length of the call, and other related

                                                                    2939

       1   information.

       2            At this time, your Honor, we offer Government's

       3   Exhibit 59 and 1459.

       4            THE COURT:  Received.

       5            (Government's Exhibit 59 and 1459 received in

       6   evidence)

       7            MR. KARAS:  If we could display 1459-19.

       8            Your Honor, at this time the government calls Margo

       9   Hitpas.

      10            (Continued on next page)

      11

      12

      13

      14

      15

      16

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    2940

       1    MARGO HITPAS,

       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 morning, Ms. Hitpas.

       7   A   Good morning.

       8   Q   Can you tell us how you are employed.

       9   A   I am employed at the U.S. Attorney's Office here in

      10   Manhattan.

      11   Q   What do you do at the U.S. Attorney's Office?

      12   A   I am a paralegal specialist.

      13   Q   Among your duties include the review of documents

      14   connected with this case?

      15   A   Yes.

      16   Q   Have you had the opportunity to review telephone records

      17   from Mobitel for the Tanzanian mobile phone number 328848?

      18   A   Yes, I have.

      19   Q   Have you had the opportunity to review the transcript from

      20   this trial, or at least a portion of it?

      21   A   Yes, I have.

      22   Q   In particular, have you had a chance to review the portion

      23   of the transcript from the testimony of the landlord at 43

      24   Runda Estates in Nairobi, Kenya?

      25   A   Yes, I have.

                                                                    2941

       1   Q   Can you tell us whether you have had an opportunity to

       2   review a stipulation regarding subscriber records for the

       3   Hilltop Hotel in Nairobi, Kenya?

       4   A   Yes, I have.

       5            MR. KARAS:  Your Honor, may I approach the witness?

       6            THE COURT:  Yes.

       7   Q   Ms. Hitpas, I have presented to you what have been marked

       8   for identification as Government's Exhibits 1459A through E.

       9   Can you tell us what those are?

      10   A   These are summary charts of outgoing calls from the

      11   Tanzanian Mobitel mobile phone.  328848 is the number.

      12   Q   Did you prepare these charts yourself?

      13   A   Yes, I did.

      14   Q   Can you tell us, with respect to the outgoing call

      15   information, where did you derive that outgoing call

      16   information?

      17   A   This information came from Mobitel's records given to us,

      18   April through August 1998.

      19   Q   And the information there, is it accurate as against those

      20   records for Mobitel?

      21   A   Yes, it is.

      22            MR. KARAS:  Your Honor, at this time we offer 1459A

      23   through E.

      24            MR. RUHNKE:  No objection.

      25            THE COURT:  Received.

                                                                    2942

       1            (Government's Exhibits 1459A through 1459E received

       2   in evidence)

       3            MR. KARAS:  And if we could display 1459E, please.

       4   Q   Ms. Hitpas, if you could just tell us, the first five

       5   columns there, the date, the local time, the length of call,

       6   the number called and the location called, where was that

       7   information derived from?

       8   A   That was derived from the Mobitel records.

       9   Q   And the last column there, subscriber, do you see down at

      10   the bottom where it says towards the bottom Hilltop Hotel?

      11   A   Yes, I do.

      12   Q   Where did you derive that information?

      13   A   That is from Kenyan subscriber records.

      14   Q   Telephone records?

      15   A   Telephone records.

      16   Q   The subscriber that says 43 Runda, where did you derive

      17   that information?

      18   A   That is from previous testimony, from the landlord of 43

      19   Runda.

      20            (Continued on next page)

      21

      22

      23

      24

      25

                                                                    2943

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

       2            THE COURT:  Anything further?

       3            Thank you.  You may step down.

       4            (Witness excused)

       5            MR. FITZGERALD:  Your Honor, I have several more

       6   stipulations to read before the next witness.  First,

       7   Government's Exhibit 155.

       8            It is hereby stipulated and agreed by and between the

       9   parties that if called as a witness an employee of Southern

      10   Bell familiar with the records maintained by that company

      11   would testify that:

      12            1.  Government's Exhibit 451A is an authentic

      13   business record of Southern Bell that was made at or near the

      14   time of the acts and events recorded in it and was prepared

      15   and kept in the regular course of Southern Bell's business

      16   activity.  Specifically, Government's Exhibit 451A are

      17   subscriber records for the telephone number area code

      18   407-363-6981 during the periods indicated, which reflects

      19   among other things a telephone number or numbers, the address

      20   where the telephone number is listed, the customer who

      21   subscribes to that telephone number, a name for purposes of

      22   billing, an address for purposes of billing, and other related

      23   information.

      24            2.  Government's Exhibits 451B through 452B are

      25   authentic business records of Southern Bell that were made at

                                                                    2944

       1   or near the time of the events and acts recorded in them and

       2   were prepared and kept in the regular course of Southern

       3   Bell's business activity.  Specifically, Government's Exhibit

       4   451B consists of long distance toll records for the telephone

       5   number 407-363-6981 during the period May 1995 through April

       6   1998 and July 1998.  Government's Exhibit 452B consists of

       7   long distance toll records for the telephone number

       8   407-658-6371 during the period August 1996 through November

       9   1998.

      10            3.  Toll records reflect among other things outgoing

      11   calls made from a telephone number or numbers, the outgoing

      12   telephone number called from the telephone, the time and date

      13   of the call and the length of the call, and other related

      14   information.

      15            At this time, your Honor, the government would offer

      16   Government's Exhibit 155 and the exhibits referred to within

      17   that stipulation, which would be 451A, 451B, 452B.

      18            THE COURT:  Received.

      19            (Government's Exhibits 155, 451A, 451B and 452B

      20   received in evidence)

      21            MR. FITZGERALD:  The government would next read from

      22   a stipulation marked as Government's Exhibit 156.  It is

      23   hereby stipulated and agreed by and between the parties

      24   follows:  If called as a witness, an employee of Pacific Bell

      25   familiar with the records maintained by that company would

                                                                    2945

       1   testify that:

       2            1.  Government's Exhibits 364A through 365A are

       3   authentic business records of Pacific Bell that were made at

       4   or near the time of the events recorded therein and were

       5   prepared in the regular course of Pacific Bell's business

       6   activities.  Specifically, Government's Exhibit 364A are

       7   subscriber records for the telephone number 408-244-1209 for

       8   the dates indicated.

       9            2, Government's Exhibit 365A is a subscriber record

      10   for the telephone number 916-338-1699 for the dates indicated.

      11   A subscriber record reflects among other things a telephone

      12   number or numbers, the address where the telephone number is

      13   listed, the customer who subscribes to that name, a name for

      14   purposes of billing, an address for purposes of billing, and

      15   other related information.

      16            Government's Exhibits 364B through 365B are authentic

      17   business records of Pacific Bell that were made at or near the

      18   time of the acts and events reported in them and were prepared

      19   and kept in the regular course of Pacific Bell's business

      20   activity.  Specifically, Government's Exhibit 364B are long

      21   distance toll records for the telephone number 408-244-1209,

      22   covering the period from October 1993 to May 1995, and

      23   November 1995 through May 1997.

      24            Government's Exhibit 365B are long distance toll

      25   records for the telephone number 916-338-1699 during the

                                                                    2946

       1   period May 1997 through August 1998.  Toll records reflect,

       2   among other things, outgoing calls made from a telephone

       3   number or numbers, the outgoing telephone number called from

       4   the telephone, the time and date of the call in Pacific coast

       5   time, the length of the call, and other related information.

       6            The government would offer Government's Exhibit 156

       7   and the exhibits referred to therein, which are 364A, 365A,

       8   364B and 365B.

       9            THE COURT:  Received.

      10            (Government's Exhibits 156, 364A, 365A, 364B and 365B

      11   received in evidence)

      12            MR. FITZGERALD:  At this time, your Honor, the

      13   government would display an exhibit in evidence, Government's

      14   Exhibit 702-P.  As you can see, that is a document in a

      15   foreign language, and then we will be displaying the

      16   translation -- one moment with counsel.

      17            Judge, we will now display to the jury Government's

      18   Exhibit 702-T, page 1, and I will note for the record a

      19   stipulation with counsel for Odeh.  These are documents from

      20   the Witu search.  They do not have a year appearing on the

      21   documents.  There are references from August and it is not the

      22   government's contention that these refer to 1998.  We contend

      23   they refer to a prior year.  I believe that is the

      24   stipulation.

      25            Looking at Government's Exhibit 702-T, page 1, if you

                                                                    2947

       1   would look at the bottom of the page and I will read aloud:

       2   Note.  Ahmed al Saghir was sent to Mombasa to brother Khalid

       3   carrying a report.

       4            If we could display 702-T, page 2.  The entry for

       5   July 13, the first entry, reading currency 800 for work.  This

       6   rope was purchased to build a camp and to also sharpen the

       7   swords.

       8            Looking at the entry for July 16, spotlight, 520 for

       9   work for training.

      10            If we could display Government's Exhibit 702-T, page

      11   3, and the next to last entry, if we could enlarge August 7,

      12   it says:  Weapons and artilleries, quantity 1,000, price in

      13   Kenyan currency 50,000, price in dollars, weapons 1,100,

      14   arteries 300, beneficiary, work, note.  The money was sent to

      15   purchase weapons and arteries for work purposes since the

      16   dollar is worth 35 Kenyan shillings.

      17            That is the last we will be reading from 702-T.

      18            At this time the government would read from

      19   Government's Exhibit in evidence 710-96T, and then it will

      20   call its next witness.  If we can display 710-96T.  We will be

      21   reading from Government's Exhibit 710-96T.

      22            (Mr. Fitzgerald read to the jury from Government's

      23   Exhibit 710-96T in evidence)

      24            MR. BUTLER:  The government calls Special Agent Dan

      25   Gorman, your Honor.

                                                                    2948

       1    DANIEL GORMAN,

       2        called as a witness by the government,

       3        having been duly sworn, testified as follows:

       4   DIRECT EXAMINATION

       5   BY MR. BUTLER:

       6   Q   Agent Gorman, how are you employed?

       7   A   I am a supervisory special agent with the FBI in the New

       8   York office.

       9   Q   How long have you been with the FBI?

      10   A   For 13 years.

      11   Q   Drawing your attention to September of 1998, where were

      12   you assigned during that time?

      13   A   During that time I was assigned to Nairobi, Kenya.

      14   Q   Drawing your attention specifically to September 17, 1998,

      15   do you recall where you were working that day?

      16   A   Yes, I do.

      17   Q   Where was that?

      18   A   It was at the CID office in Nairobi, Kenya.

      19   Q   What was your assignment at the CID headquarters of

      20   Nairobi, Kenya, on September 17?

      21   A   That day I was tasked to review some of the evidence that

      22   was obtained in the Comoros islands.

      23   Q   Where did you go to obtain that evidence?

      24   A   I obtained from the evidence room in the CID headquarters.

      25   Q   When you got evidence room, what did you ask for?

                                                                    2949

       1   A   I asked for whatever items were obtained from the Comoros.

       2   Q   Who did you ask that from?

       3   A   It was the evidence custodian.

       4   Q   What did the evidence custodian give you?

       5   A   He gave me a gold-colored nylon bag, and also there was

       6   another item, there was a blue vinyl suitcase.

       7   Q   What did you do with the yellow bag?

       8   A   I reviewed, looked at the items inside and I initialed all

       9   the items and the bag itself.

      10            MR. BUTLER:  May I approach, your Honor?

      11            THE COURT:  Yes.

      12   A   This is the bag.

      13   Q   Just a moment.  I place before you what has been

      14   previously admitted into evidence as Government's Exhibit 947,

      15   and you recognize that as the bag that you received from the

      16   evidence room that day?

      17   A   Yes, I do.

      18   Q   Once you received the bag, what did you do with it?

      19   A   I went through each of the items, I initialed each of the

      20   items that were inside the bag.  I also initialed the bag

      21   itself here.

      22   Q   Turning to the items that you found inside the bag, could

      23   you describe briefly what you found inside the bag.

      24   A   The bag was filled with papers.  There were some telephone

      25   calling cards, plastic disks, and there were some other

                                                                    2950

       1   notebooks inside.

       2   Q   Do you recall anything specifically about these notebooks?

       3   A   The notebooks caught my attention because when I initialed

       4   them, I opened them up, they had some diagrams in them that

       5   appeared to be military-type diagrams.

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

       7            THE COURT:  Yes.

       8   Q   Agent Gorman, I have placed before you what have been

       9   previously marked as Government's Exhibits 940 and 942 for

      10   identification.  Do you recognize those documents?

      11   A   Yes, I do.

      12   Q   How do you recognize those documents?

      13   A   They have my initials on them and also I recall them from

      14   the day when I removed them from the bag.

      15   Q   Again, what in particular are those documents?

      16   A   These are the notebooks that came out of the bag.

      17   Actually, they are probably one of the first things that I

      18   pulled out of the bag.

      19   Q   Except for the Post-Its on them, are they in substantially

      20   the same condition that you found them on September 1517,

      21   1998?

      22   A   Yes, they are.

      23            MR. BUTLER:  Your Honor, I move Government's Exhibits

      24   940 and 942 at this time.

      25            THE COURT:  Received.

                                                                    2951

       1            (Government's Exhibits 940 and 942 received in

       2   evidence)

       3   Q   Talking for a minute about the Post-Its, did you have a

       4   chance to review Government's Exhibits 940 and 942 before you

       5   came to court today?

       6   A   Yes, I did.

       7   Q   Who placed the Post-Its on those documents?

       8   A   I did.

       9   Q   What do those Post-Its reflect?

      10   A   They show where some of the diagrams are located in these

      11   books, some of the diagrams that caught my attention on the

      12   day that I reviewed the evidence.

      13            MR. BUTLER:  Your Honor, with the court's permission

      14   I would like to review some of the items on the overhead.

      15            THE COURT:  Yes.

      16   Q   Turning first to Government's Exhibit 940, do you

      17   recognize that page, Agent Gorman?

      18   A   Yes, I do.

      19   Q   As you were reviewing it, what did you believe this page

      20   to be?

      21   A   It looked like some type of timing device with wires

      22   attached to it.  This in conjunction with other diagrams in

      23   there were suspicious, looked like possibly the type of item

      24   that would be used for an explosive.

      25   Q   Bring up the next one.

                                                                    2952

       1   A   This one also caught my attention, because the thing that

       2   looks like a clothespin at the low part of the screen appears

       3   to be an activator type of device, something that would be

       4   used for an improvised explosive device.  The two ends come

       5   together.

       6   Q   If we could go to the next one.  What in particular did

       7   you notice about this diagram, Agent Gorman?

       8   A   This one I remember well because when I saw this diagram,

       9   I brought it to the attention of my supervisors at Nairobi,

      10   because it appeared to be a type of something that would be

      11   placed in a drawer.  So it appeared to be a type of, some

      12   people call boobytrap, because of the clothespin-type device

      13   with the wires, and I believe next to it it also says

      14   detonator in English.

      15   Q   Did this cause you any particular concern at that time?

      16   A   Yes, it did, because we had people who were doing searches

      17   at the time --

      18            MR. SCHMIDT:  Objection, your Honor.

      19            THE COURT:  Sustained.

      20   Q   Why don't we move to the next one.  Would you just

      21   describe for the jury what is depicted on this page of the

      22   manual?

      23   A   It appears to be another diagram like --

      24            MR. SCHMIDT:  Objection, your Honor.

      25            MR. BUTLER:  I am sorry, withdrawn.

                                                                    2953

       1   Q   Could you please describe what is depicted on this page of

       2   Government's Exhibit 940, Agent Gorman.

       3   A   It appears to be another of these type diagrams, utilizing

       4   the clothespin with the battery, and also there is another

       5   part of the diagram that has the word explosive at the bottom

       6   part of the diagram, which is in the upper part of the page.

       7   Q   Can we go to the next one.  Could you describe what you

       8   saw on this page.

       9   A   This diagram to me appears to be a type of --

      10            MR. SCHMIDT:  Objection, your Honor.

      11            THE COURT:  Overruled.

      12            MR. SCHMIDT:  As to what appears.  I don't believe he

      13   is a qualified expert.

      14   Q   Agent Gorman, do you have any military experience in

      15   addition to your experience with the FBI?

      16   A   Yes, I do.

      17   Q   Could you describe briefly to the jury what that

      18   experience is.

      19   A   I currently hold the rank of major in the US Marine Corps

      20   Reserve.

      21   Q   How long have you been with the Marine Corps?

      22   A   Almost 20 years, 19 good years.

      23   Q   Have you had any explosives training in connection with

      24   your tenure with the Marine Corps?

      25   A   Every Marine Corps officer is trained to be an infantry

                                                                    2954

       1   platoon commander, trained to recognize the basic rudiments of

       2   explosives and also how to use them in a field role, in a

       3   combat role.

       4            MR. BUTLER:  May I continue questioning, your Honor?

       5            THE COURT:  Yes.

       6   Q   Agent Gorman, what did you notice about the figure on this

       7   page?

       8            MR. SCHMIDT:  Objection.

       9            THE COURT:  Overruled.

      10   A   It appeared to be a type of explosive device.  From what I

      11   have seen, my experience, it looks like an antipersonnel mine,

      12   something you would stick in the ground.

      13   Q   How about this page, Agent Gorman?

      14   A   This one also appears to be another type of

      15   antipersonnel -- the top part of the page appears to be an

      16   antipersonnel mine, what we call in the Marine Corps a

      17   Claymoor mine.  They are usually command detonators.

      18   Q   If we could go to Exhibit 942.  In reviewing Government's

      19   Exhibit 942, Agent Gorman, what did you notice about this

      20   page?

      21   A   This appears to be a diagram on how to do an ambush.

      22            MR. SCHMIDT:  Objection.

      23            THE COURT:  Overruled.

      24   A   The little stick figures would represent troops firing at

      25   a target or at their opponents.  The little guidelines I have

                                                                    2955

       1   seen in the past are utilized to designate fields of fire.

       2   The direction that the representation should fire at.

       3            MR. BUTLER:  No further questions, your Honor.

       4            THE COURT:  Mr. Schmidt on behalf of the defendant El

       5   Hage.

       6   CROSS-EXAMINATION

       7   BY MR. SCHMIDT:

       8   Q   Agent, you were able to tell us what you believed the

       9   diagrams show based on your military training; is that

      10   correct?

      11   A   Yes.

      12   Q   And your military training was basic military training,

      13   not any special ops?

      14   A   I received some additional military training while on

      15   active duty.

      16   Q   Military training, not counterterrorism training, for

      17   example?

      18   A   I did receive counterterrorism training while on active

      19   duty in the US Marine.

      20   Q   What did that entail?

      21   A   I went to two separate courses.  I attended a class at the

      22   Army Special Warfare School.  The course was called Terrorism

      23   in Low-Intensity Conflict.

      24   Q   But the diagrams that you have identified were explosives;

      25   is that correct?

                                                                    2956

       1   A   I said they appeared to be.

       2   Q   The appearance to you was based on your actual military

       3   training of explosives, like mines, detonators, etc.; is that

       4   correct?

       5   A   I have had some training in that area, yes.

       6   Q   That was in the military; is that right?

       7   A   Yes.

       8   Q   The last diagram, which showed an ambush or an attack, is

       9   that the diagram you were able to identify from your military

      10   training; is that correct?

      11   A   Yes, that is correct.

      12            MR. SCHMIDT:  I have nothing further.

      13            THE COURT:  Anything further of this witness?

      14            MR. BUTLER:  Nothing further.

      15            THE COURT:  Thank you.  You may step down.

      16            (Witness excused)

      17            MR. FITZGERALD:  The government calls Special Agent

      18   Barry Bush.

      19    BARRY LEE BUSH,

      20        called as a witness by the government,

      21        having been duly sworn, testified as follows:

      22            THE WITNESS:  Special Agent Barry Lee Bush, FBI

      23   Newark.

      24   DIRECT EXAMINATION

      25   BY MR. FITZGERALD:

                                                                    2957

       1   Q   Good morning, sir.

       2   A   Good morning.

       3   Q   You mentioned that you are an FBI agent in Newark.  Can

       4   you tell the jury how long you have been an FBI agent.

       5   A   Almost 14 years.

       6   Q   During that time have you been assigned to the special

       7   task force in Newark?

       8   A   Yes.  From April '93 through November '98 I was a team

       9   leader on the Newark Evidence Response Team.

      10   Q   Let me direct your attention to August 1998.  Did there

      11   come a time that you were deployed overseas during that month?

      12   A   Yes.

      13   Q   Where were you deployed?

      14   A   I went to Nairobi.  I was team leader for the Newark ERT

      15   team and we responded to Nairobi, Kenya.  I believe we got

      16   there August 13 of '98.

      17   Q   Did you spend most of your time in the crime scene around

      18   the area of the embassy?

      19   A   That is correct.

      20   Q   Let me direct your attention to a specific date, August 20

      21   of 1998.  Do you recall that date?

      22   A   Yes, I do.

      23   Q   Were you given an assignment on that date to conduct a

      24   search of a location away from the embassy area?

      25   A   That is correct, sir.

                                                                    2958

       1   Q   Tell the jury where you conducted the search.

       2   A   I was assigned to take a team to a building known as the

       3   Mercy International Relief Agency.  I believe it was at 100

       4   Mufulo Avenue in downtown Kenya.

       5   Q   M-U-F-U-L-O for the record, I believe?

       6   A   Yes, I believe that is correct.

       7   Q   Can you tell the jury what the area looked like around the

       8   Mercy International Relief Agency, the neighborhood.

       9   A   I believe it was a residential neighborhood, if I am not

      10   mistaken.

      11   Q   Can you tell us how many stories the building was where

      12   the Mercy International Relief Agency was located?

      13   A   I believe it was a 2-story structure.

      14   Q   Can you tell the jury what the procedure was in conducting

      15   the search that day.

      16   A   Yes.  Myself and Mike Brooks from Washington field office

      17   coordinated the search plan for this particular search.  We

      18   were assisting the Kenyan National Police, the Criminal

      19   Investigative Division.  I believe chief inspector Sammy

      20   Wakesa was the commander of their unit.  We met with them to

      21   brief shortly before the search.  The inspector and his men

      22   made the initial entry into the MIRA building.  They detained,

      23   I believe, several individuals who were inside and identified

      24   those people, secured the premises, and then myself --

      25   actually, as the team leader I did the initial walk-through of

                                                                    2959

       1   the premises, and then myself and a lab technician by the name

       2   of Greg Bishea went back in, and Mr. Bishea began residue

       3   swabbings of the individual rooms of that building.

       4   Q   For the record, B-I-S-H-E-A.

       5            After the swabbings were done, what next did you do

       6   in your role as team leader?

       7   A   As Mr. Bishea was doing the swabbings, I had assigned my

       8   photographer Keith Freitag to begin exterior shots of the

       9   building and then to proceed to do interior photographs.  He

      10   also, along with me, started a rough sketch of the interior of

      11   the building.

      12   Q   Did you later further refine that sketch?

      13   A   Yes, I did a final sketch.

      14   Q   Let me show you what has been marked for identification

      15   purposes only at this point Government's Exhibit 656-1, and if

      16   we could display that to counsel only.  Looking at what has

      17   been marked as page 1 of Government's Exhibit 656, do you

      18   recognize what is on the screen to your left?

      19   A   Yes, I do.

      20   Q   What is that?

      21   A   That is my sketch, finished sketch of the first floor of

      22   the MIRA building.

      23   Q   Does that to the best of your ability fairly and

      24   accurately reflect what the interior of the first floor of the

      25   building looked like in terms of layout?

                                                                    2960

       1   A   Yes, it does.

       2            MR. FITZGERALD:  Your Honor, I would offer

       3   Government's Exhibit 646 page 1.

       4            THE COURT:  Received.

       5            MR. DRATEL:  No objection.

       6   Q   For the jury, it says the letters in circles, A, B, C, D,

       7   E, F, G and K.  Can you tell the jury the reasons you put

       8   those letters and circles on the sketch.

       9   A   Yes.  On any crime scene sketch I generally designate a

      10   separate letter for each room that is involved in the search,

      11   and that way we are able to track what evidence comes from

      12   each room.  The room itself gets a letter designation.  Each

      13   item of evidence found in each room gets a number designation,

      14   which goes on to our evidence log.

      15   Q   Let me show you for identification purposes page 2 of

      16   Government's Exhibit 646.  Looking at that, can you tell us

      17   what that is.

      18   A   Yes.  That is my sketch, which reflects the second floor

      19   of the MIRA building.

      20   Q   To the best of your ability, does that fairly and

      21   accurately reflect the second floor of the Mercy International

      22   Relief Agency?

      23   A   To the best of my recollection, yes.

      24            MR. FITZGERALD:  I would offer that as well.  I think

      25   both pages are collected and marked 65.

                                                                    2961

       1            THE COURT:  Received.

       2            MR. DRATEL:  No objection.

       3            (Government's Exhibit 65 received in evidence)

       4            MR. FITZGERALD:  If we could publish that to the

       5   jury.

       6   Q   Did you follow the same procedure in putting in letters to

       7   designate particular areas?

       8   A   Yes, I did.

       9   Q   If you could look at the place designated room J.  Could

      10   you explain to the jury what room J was?

      11   A   That was a front office area on the second floor.

      12   Q   Did you take photographs as well, or have photographs

      13   taken that day of the interior of the Mercy International

      14   Relief Agency?

      15   A   Yes, I did.

      16   Q   If I could show to Agent Bush for identification purposes

      17   only 657A.  I ask if you recognize what is depicted in

      18   Government's Exhibit 657A?

      19   A   Yes, I do.

      20   Q   Is that a fair and accurate picture of a location within

      21   the Mercy International Relief Agency in August 20, 1998?

      22   A   Yes, it is, the desk area of that room.

      23            MR. FITZGERALD:  I would offer Exhibit 657A.

      24            THE COURT:  Received.

      25            (Government's Exhibit 657A received in evidence)

                                                                    2962

       1   Q   If we could publish that to the jury and describe what is

       2   depicted in the picture?

       3   A   That is the corner of the room where the desk was located.

       4   I believe the fax was also located in that area.

       5   Q   So we are clear, is that room J on the second floor?

       6   A   That is room J, that is correct.

       7   Q   If I could show for identification purposes only at this

       8   time Government's Exhibit 657B.

       9            I ask you, Agent Bush, if you recognize what is

      10   depicted in that photograph?

      11   A   Yes, that is the other half of what I designated to be

      12   room J, the office area, second floor of the front of the

      13   building.

      14   Q   Does that fairly and accurately reflect the room called

      15   room J looked on the day that you searched it?

      16   A   Yes, it does.

      17            MR. FITZGERALD:  Your Honor, I would offer

      18   Government's Exhibit 657B.

      19            MR. DRATEL:  No objection.

      20            THE COURT:  Received.

      21            (Government's Exhibit 657B received in evidence)

      22            MR. FITZGERALD:  If we can publish it.

      23   Q   What area are we looking at?

      24   A   This is generally behind and to the side of the desk.  It

      25   was a closet type structure which appeared to have been

                                                                    2963

       1   converted into bookshelves.

       2   Q   Using room J as an example, what did you do, what did you

       3   and your team do with the various items found in room J?

       4   A   I had assigned various team members to each room in the

       5   building, and they were to search the room for any documents

       6   or evidence of interest and put them in boxes which were

       7   provided to us, and at that point I was making my rounds

       8   between the various rooms and I was initialing and dating each

       9   box before it left the individual rooms.

      10            MR. FITZGERALD:  Now let me read, if I may, a

      11   stipulation, Government's Exhibit 154.

      12            It is hereby stipulated and agreed by and between the

      13   parties as follows:

      14            1.  That on August 20, 1998, the building located at

      15   100 Mufulo Avenue, Nairobi, Kenya, which were the offices of

      16   the Mercy International Relief Agency, MIRA, was searched by

      17   Kenyan and American officials and the following items, among

      18   others, were recovered.

      19            Listed below that are three columns, a government's

      20   exhibit number column, a Bates number column and a description

      21   of the item column.  I will just read into the record the

      22   Government's Exhibit numbers at this time:

      23            435A; 438A; 439A and B; 601A to 601AD; 602; 603; 605A

      24   to C; 606; 607; 608A through F; 609; 610; 611; 614; 615A and

      25   B; 618; 621A through E; 622A; 622B; 624A through F; 624H

                                                                    2964

       1   through K; 625A and B; 625A and B; 626; 627A and B; 628A and

       2   B; 629; 630; 631; 632A through D; 633; 634; 635; 636A through

       3   E; 637 through 646; 647A and B; 648; 649A through D; 650A

       4   through G; and 651.

       5            (Continued on next page)

       6

       7

       8

       9

      10

      11

      12

      13

      14

      15

      16

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    2965

       1            12.  The front office on the second floor was

       2   designated Room J for purposes of documenting the search.  The

       3   items seized from that floor were placed in eight boxes which

       4   were labeled J1 through J8 to indicate the rooms from which it

       5   was seized and the box number.

       6            Thereafter, for inventory purposes those eight boxes

       7   were each assigned an inventory number by the Washington field

       8   office of the FBI, which numbers began with the prefix 1B.

       9   For example, box J6 was assigned inventory control number 1B6

      10   for the Washington case number.

      11            In or about August 1998 the items in the Mira search

      12   were transported from Nairobi, Kenya to Washington, D.C. where

      13   small multiple items, while packaged separately, were placed

      14   in a shipping box.  For larger items the box was shipped as

      15   is.  For purposes of transportation, each shipping box was

      16   assigned a number.  For example, box 86I would be inventory

      17   control number 1B96 was designated box 8 for transportation

      18   purposes.

      19            3.  In or about August 1998 the investigation was

      20   reassigned from the Washington field office to the New York

      21   field office for administrative reasons and the 1B numbers

      22   were reassigned.  For example, box J6 which had been assigned

      23   the number 1B96 for the case when it had a Washington field

      24   office number was then renumbered to 1B93 when the case was

      25   assigned to the New York field office.

                                                                    2966

       1            On or about September 4, 1998 items seized in the

       2   Mira search were transferred to the custody of the New York.

       3   Office.

       4            4.  When logged in the New York office items seized

       5   in the Mira search were assigned particular items numbers.

       6   For example, items within box J6 were now assigned inventory

       7   control number 1B93 were further particularized with item

       8   numbers such as the first identifying number of that box was

       9   designated 1B93 item 1.

      10            Those items were then photocopied for court purposes,

      11   production to defense counsel, translation and a limited

      12   number of items were sent for forensics analysis.

      13            In addition, some items were used to examine

      14   witnesses in the grand jury and were given grand jury exhibit

      15   numbers.

      16            5.  A number of Government Exhibit numbers for

      17   translation.  I won't read those into the record now.  The

      18   agreement is that as to translations the parties stipulate

      19   that if called as a witness a person fluent in Arabic and

      20   English would testify that the translations listed above are

      21   fair and accurate translations.

      22            If I could just approach Agent Bush with one box.

      23            THE COURT:  We haven't taken a break.  Maybe this

      24   would be a good time to take the break.  We'll take our

      25   mid-morning break.

                                                                    2967

       1            (Recess)

       2            (In open court; jury present; witness resumed)

       3            THE COURT:  Ladies and gentlemen, there have been

       4   received, and you have heard various stipulations, some of

       5   which have related to items that were seized in the course of

       6   the investigation, and you should know that where a

       7   stipulation refers to items seized, the terms authentic or

       8   authenticity simply refer to the fact that the documents or

       9   objects in question are the ones that were seized.

      10            MR. FITZGERALD:  Thank you, Judge.

      11            At this time the government would offer in evidence

      12   Government Exhibit 154, the stipulation read from before, and

      13   the exhibits referred to within that document.

      14            THE COURT:  Received.

      15            (Government's Exhibits 154 and items referenced

      16   received in evidence)

      17   Q   Agent Bush, I placed before you a box which has a number

      18   of markings on the outside and was the stipulation described

      19   the box J6.

      20   A   That's correct.

      21   Q   Is that the box J6?

      22   A   Yes, it is.

      23   Q   How do you recognize it as the box that you initially saw

      24   on August 20, 1998?

      25   A   My markings are on it, the Room J was written I believe by

                                                                    2968

       1   SA Kursten who was one of the searching agents in that room.

       2   The 6 is my marking and my initials in the case appear on the

       3   box.

       4            MR. FITZGERALD:  Thank you.  I have nothing further,

       5   Judge.

       6            THE COURT:  Mr. Dratel for the defendant El Hage.

       7   CROSS-EXAMINATION

       8   BY MR. DRATEL:

       9   Q   Good afternoon, Agent Bush.

      10   A   Good afternoon.

      11   Q   When you went to the Mercy offices they're in the South

      12   Sea neighborhood, is that correct?

      13   A   I really wasn't familiar with the actual neighborhood.  It

      14   was a residential, it seemed it be a residential area towards

      15   the outskirts of Nairobi.

      16   Q   Well, do you recall whether it was the South Sea

      17   neighborhood?

      18   A   No, I do not.

      19   Q   I show you what's marked for identification as defendant

      20   El Hage's exhibit F and ask you just to look at paragraph --

      21   look at the first page and then paragraph 5 to see if that

      22   refreshes your recollection.

      23   A   Paragraph 5, sir?

      24            THE COURT:  Yes.

      25            THE WITNESS:  Thank you.

                                                                    2969

       1   Q   Does that refresh your recollection that it was in the

       2   South Sea neighborhood of Nairobi?

       3   A   I recall having read this document.  At the time that I

       4   was given directives to do this search the information given

       5   to me was simply the Mira building.

       6   Q   Did you come later to learn that it was in the South Sea

       7   neighborhood of Nairobi?

       8   A   This document would have been the first time that I would

       9   have seen designated as the South Sea neighborhood.

      10   Q   Betty Duran was part of your team that searched the

      11   premises at Mercy?

      12   A   Betty Duran was part of the team, that's correct.

      13   Q   She prepared a document that you looked over?

      14   A   That's correct.

      15   Q   That was for a separate proceeding; is that correct?

      16   A   I'm sorry, sir?

      17   Q   That was for a different proceeding, the document that was

      18   prepared by Agent Duran?

      19            MR. FITZGERALD:  Objection, your Honor.

      20            THE COURT:  Sustained.

      21   Q   Agent Duran prepared a document that you read?

      22   A   Is that the document you handed me?

      23   Q   Yes.

      24   A   That was her document.

      25   Q   Correct?

                                                                    2970

       1   A   I was under the impression that was an affidavit that I

       2   had signed --

       3            THE COURT:  I think we don't need this.  Let's move

       4   on.

       5   Q   You testified about the search and you say the Kenyan CID

       6   went in first and then your team went in afterwards, is that

       7   correct?

       8   A   That's correct.  They made the initial entry.

       9   Q   So you don't know who was where in the building when the

      10   Kenyan CID arrived; is that correct?

      11   A   That's correct.

      12   Q   And with respect to the photographs there were many more

      13   photographs that your photographer took other than the two

      14   that are in evidence already, correct?

      15   A   Correct.

      16   Q   If I could put WEH-X-E1 for the witness and counsel,

      17   please.  I ask you if that's another photograph that was taken

      18   that day by your team of the Mercy facility?

      19   A   It appears to be the front of the Mira building.

      20            MR. DRATEL:  I move that in evidence, your Honor.

      21            MR. FITZGERALD:  No objection.

      22            THE COURT:  Received.

      23            (Defendant's Exhibit WEH-X-E1 received in evidence)

      24            MR. DRATEL:  If we could publish it to the jury

      25   please.

                                                                    2971

       1   Q   The persons who are in that photograph, are they part of

       2   your team?

       3   A   I don't recognize those individuals.  They may have been,

       4   but I don't recognize their photographs as they appear here.

       5   Q   That is the front of the Mercy building, correct?

       6   A   To the best of my recollection.

       7            MR. DRATEL:  If you could show the witness and

       8   counsel WEH-X-E-2, please.

       9   Q   Agent Bush, if you could identify that photograph?

      10   A   It appears to be the second floor of the Mira building.

      11   Q   From the outside?

      12   A   From the outside an exterior shot.

      13            MR. DRATEL:  I move that in evidence, your Honor.

      14            THE COURT:  Received.

      15            (Defendant's Exhibit WEH-X-E-2 received in evidence)

      16            MR. DRATEL:  If we could publish that to the jury.

      17   Q   That's the front of the Mira, of the Mercy building,

      18   correct?

      19   A   To the best of my recollection it appears to be a front

      20   view of the building.  I didn't spend a lot of time on the

      21   outside.  I was primarily inside the building.

      22   Q   Now, the interior, you also took photos of the interior,

      23   correct, not you, but your photographer?

      24   A   Correct.

      25   Q   And among the rooms that's reflected on your sketch there

                                                                    2972

       1   was a prayer room, correct?

       2   A   That's correct.

       3            MR. DRATEL:  And if we can show the witness and

       4   counsel WEH-X-E-5.  Is that a photograph of the prayer room?

       5   A   It appears to be the room in the back designated as the

       6   prayer room.

       7            MR. DRATEL:  I submit that in evidence, your Honor.

       8            THE COURT:  Received.

       9            (Defendant's Exhibit WEH-X-E-5 received in evidence)

      10            MR. DRATEL:  If we can publish that to the jury,

      11   please.

      12            THE COURT:  Yes.

      13   Q   That is the prayer room, correct?

      14   A   To the best of my recollection, yes.

      15   Q   There was also in that room there was clothing hanging on

      16   the wall, isn't that correct?

      17   A   That I do not recall.

      18            MR. DRATEL:  If we could show the witness and counsel

      19   WEHX-E6.

      20   Q   Is that a photograph of the same room?

      21   A   I believe that's the bedroom that was adjacent to the

      22   actual prayer room if I'm not mistaken.

      23   Q   But that is one of the photos you took that day?

      24   A   It appears to be, yes.

      25            MR. DRATEL:  I move that in evidence, your Honor.

                                                                    2973

       1            MR. FITZGERALD:  No objection.

       2            THE COURT:  Received.

       3            (Defendant's Exhibit WEHX-E6 received in evidence)

       4            MR. DRATEL:  Please publish that to the jury.

       5            THE COURT:  Yes.

       6   Q   And you mentioned it was a bedroom, correct?

       7   A   Yes.

       8            MR. DRATEL:  If we could show counsel and the witness

       9   WEH-X-E-8, please, I'm sorry, E-7.

      10   Q   Is that the bedroom?

      11   A   Yes, it is.

      12   Q   Is that the photo of the bedroom?

      13   A   It appears to be the bedroom adjacent to the prior room.

      14            MR. DRATEL:  I move that in evidence, your Honor.

      15            THE COURT:  Receive.

      16            (Defendant's Exhibit WEHX-E-7 received in evidence)

      17            MR. DRATEL:  If we could publish that the jury,

      18   please?

      19            THE COURT:  Yes.

      20   Q   In fact, above the bed on the right it looks like clothes

      21   are hanging, is that correct?

      22   A   Yes.

      23   Q   That may very well be the clothes that are hanging in the

      24   other photo that you thought was in the bedroom?

      25   A   It appears to be the same items, yes.

                                                                    2974

       1   Q   There is also a kitchen; is that correct?

       2   A   There was a kitchen in the house itself, yes.

       3            MR. DRATEL:  And if we could show the witness and

       4   counsel WEH-X-E-8, please.

       5   Q   That's a photograph of the kitchen at Mercy?

       6   A   Yes, it is.

       7            MR. DRATEL:  I move that in evidence, your Honor.

       8            THE COURT:  Yes, received.

       9            (Defendant's Exhibit WEH-X-E-8 received in evidence)

      10            MR. DRATEL:  If we can publish that to the jury,

      11   please.

      12            THE COURT:  Yes.

      13   Q   That's the photo of the kitchen, correct?

      14   A   Yes, it is.

      15   Q   There was also a room with a safe, correct?

      16   A   I believe the safe was in a bedroom area on the second

      17   floor adjacent to the office in the front of the house.

      18            MR. DRATEL:  If we could show the witness and counsel

      19   what's been marked for identification as WEHX-E-23.

      20   Q   I ask you if you recognize that photograph?

      21   A   That is a photo of the safe in the upstairs front room.

      22   Q   Front bedroom, correct?

      23   A   I believe it was a bedroom.

      24            MR. DRATEL:  I move that in evidence, your Honor.

      25            THE COURT:  Received.

                                                                    2975

       1            (Defendant's Exhibit WEHX-E-23 received in evidence)

       2            MR. DRATEL:  If we could publish that to the jury.

       3            THE COURT:  Yes.

       4   Q   There is also office space at Mercy International,

       5   correct?

       6   A   That's correct.

       7   Q   And there were desks, correct?

       8   A   Yes.

       9   Q   Computers?

      10   A   Yes, there were.

      11   Q   Files?

      12   A   Yes.

      13   Q   And there were items on the wall like a chart written in

      14   Arabic?

      15   A   There was a chart in the office area on the first floor,

      16   that's correct.

      17            MR. DRATEL:  If we could show the witness and counsel

      18   what's been marked for identification as WEHX-14, please.

      19   Q   Is that a photograph of that chart?

      20   A   That appears to be the chart I mentioned, yes.

      21            MR. DRATEL:  I move that in evidence, your Honor.

      22            THE COURT:  Received.

      23            MR. FITZGERALD:  No objection.

      24            (Defendant's Exhibit WEHX-14 received in evidence)

      25            MR. DRATEL:  If we can publish that to the jury.

                                                                    2976

       1   Q   And there was also -- withdrawn.

       2            MR. DRATEL:  Can we also show the witness WEH-X-E-15,

       3   please.

       4   Q   Is that a closeup of that same chart?

       5   A   It appears to be the same chart, sir.

       6            MR. DRATEL:  I move that in evidence, your Honor.

       7            MR. FITZGERALD:  No objection.

       8            THE COURT:  Received.

       9            (Defendant's Exhibit WEH-X-E-15 received in evidence)

      10            MR. DRATEL:  May we publish that the to the jury,

      11   please.

      12   Q   Now, with respect to the offices at Mercy there were two

      13   offices on the first floor, correct.

      14   A   That's correct.

      15   Q   And two separate offices on the second floor, correct?

      16   You can refer to your chart if you don't recall.

      17   A   Yes, that's correct.

      18   Q   And you took photos, your photographer took photos of

      19   those areas as well, correct?

      20   A   Yes, he did.

      21            MR. DRATEL:  If we could show the witness and

      22   counsel, please, what's been marked for identification as

      23   WEH-X-E-9.

      24   Q   That is a photograph of the one of the office areas in

      25   Mercy?

                                                                    2977

       1   A   I believe that's the downstairs office area.

       2            MR. DRATEL:  I move that in evidence, your Honor.

       3            MR. FITZGERALD:  No objection.

       4            THE COURT:  Received.

       5            (Defendant's Exhibit WEH-X-E-9 received in evidence)

       6            MR. DRATEL:  WEH-X-E-10, please.

       7   Q   Is that another shot of the downstairs office space?

       8   A   It appears to be the other side of the downstairs office

       9   area.

      10            MR. DRATEL:  I move that in evidence, your Honor.

      11            THE COURT:  Received.

      12            (Defendant's Exhibit WEH-X-E-10 received in evidence)

      13            MR. DRATEL:  If we can publish that to the jury,

      14   please.

      15            THE COURT:  Yes.

      16            MR. DRATEL:  I think I neglected to publish E9, so if

      17   you can just publish E9 and then we'll move on.

      18            Thank you.

      19            If we could show the witness and counsel what's been

      20   marked as WEH-X-E-11.

      21   Q   Is that another desk from the downstairs office space?

      22   A   It appears to be a desk in the downstairs office area.

      23            MR. DRATEL:  I move that in evidence, your Honor.

      24            MR. FITZGERALD:  No objection.

      25            THE COURT:  Received.

                                                                    2978

       1            (Defendant's Exhibit WEH-X-E-11 received in evidence)

       2            MR. DRATEL:  If we can publish that the to the jury,

       3   please.

       4            If you can show the witness and counsel what's been

       5   mark for identification as WEHXB-12, please.

       6   Q   Again, I ask you if you recognize that photograph?

       7   A   I'm not positive of the location but I believe that's also

       8   the downstairs office area.

       9            MR. DRATEL:  I move that in evidence, your Honor.

      10            THE COURT:  Received.

      11            (Defendant's Exhibit WEHXB-12 received in evidence)

      12            MR. DRATEL:  If we can publish it to the jury,

      13   please.

      14            THE COURT:  Yes.

      15            MR. DRATEL:  If we could show the witness and counsel

      16   now what's been marked as WEH-X-E-13.

      17   Q   Is that another photo of the same office space just from a

      18   different angle?

      19   A   That's correct, sir.

      20            MR. DRATEL:  I move that in evidence, your Honor.

      21            THE COURT:  Received.

      22            (Defendant's Exhibit WEH-X-E-13 received in evidence)

      23            MR. DRATEL:  If we can publish that to the jury,

      24   please.

      25            THE WITNESS:  Yes.

                                                                    2979

       1            MR. DRATEL:  If we can show the witness WEH-X-E-16,

       2   please.

       3            THE COURT:  16?

       4            MR. DRATEL:  16, your Honor, yes.

       5            THE COURT:  One-six.

       6            MR. DRATEL:  Yes.

       7   Q   I ask you if that's a shot of one of the desks in the

       8   downstairs office space?

       9   A   It appears to be.

      10            MR. DRATEL:  I move it in evidence, your Honor.

      11            THE COURT:  Received.

      12            (Defendant's Exhibit WEH-X-E-16 received in evidence)

      13            MR. DRATEL:  If we can publish it to the jury,

      14   please.

      15            THE COURT:  Yes.

      16            MR. DRATEL:  If we could also show the witness now

      17   what's been marked for ID as WEH-X-E-17.

      18   Q   Is that another photograph of a different angle of the

      19   desk in the downstairs office space?

      20   A   To the best of my recollection that was one of the

      21   downstairs desks also.

      22            MR. DRATEL:  I move it in evidence, your Honor.

      23            THE COURT:  Received.

      24            (Defendant's Exhibit WEH-X-E-17 received in evidence)

      25            MR. DRATEL:  If we can publish it to the jury.

                                                                    2980

       1            THE COURT:  Yes.

       2            MR. DRATEL:  If you can show what's been marked as

       3   WEH-X-E-18, please.

       4   Q   Can you tell us what that is, please?

       5   A   I'm not certain which room that photograph.

       6   Q   But is that one of the photographs that you took of Mercy?

       7   A   I believe so, but I just, from that angle that's the

       8   closeness of that photograph, I'm not sure which room that

       9   looks like.

      10   Q   Do you know whether it's from the upstairs or the

      11   downstairs from looking at the photograph?

      12   A   I believe it's from the upstairs.  I'm just not certain

      13   whether that would be the back office or the front office

      14   area.

      15   Q   When you say the front office, is room number J on your

      16   room letter J on your diagram?

      17   A   Yes.

      18   Q   The other one would be H?

      19   A   That's correct, sir.

      20   Q   The files that were put in evidence today are received

      21   from the J office, is that correct?

      22   A   That's correct.

      23            MR. DRATEL:  I move the photo in evidence, your

      24   Honor.

      25            THE COURT:  Received.

                                                                    2981

       1            (Defendant's Exhibit WEH-X-E-18 received in evidence)

       2            MR. DRATEL:  If we can public it to the jury, please.

       3            THE COURT:  Yes.

       4            MR. DRATEL:  Show the witness and counsel WEH-X-E-19,

       5   please.

       6   Q   I ask you if that's a closeup photograph of the same

       7   cabinet?

       8   A   It appears to be.

       9            MR. DRATEL:  I move it in evidence, your Honor.

      10            THE COURT:  Received.

      11            (Defendant's Exhibit WEH-X-E-19 received in evidence)

      12            MR. DRATEL:  If we can publish it to the jury.

      13            THE COURT:  Yes.

      14            MR. DRATEL:  If we can show the witness and counsel

      15   what's been what's been identified as WEH-X-E-20, please.

      16   Q   I ask you if that's a photograph of the bottom of a

      17   closest at Mercy?

      18   A   That would have been in the building.  Again, given the

      19   closeness of that photo I'm not sure which office area in

      20   particular that's depicting.

      21   Q   Would you know whether it's the upstairs or the

      22   downstairs?

      23   A   I believe that's one of the upstairs offices, but again

      24   I'm not a hundred percent sure based on that view.

      25            MR. DRATEL:  I move it in evidence, your Honor.

                                                                    2982

       1            THE COURT:  Received.

       2            (Defendant's Exhibit WEH-X-E-20 received in evidence)

       3            MR. DRATEL:  If we can publish it to the jury.

       4            THE COURT:  Yes.

       5            MR. DRATEL:  Thank you, your Honor.

       6            Now, show the witness and counsel what's been marked

       7   as WEH-X-E-21.

       8   Q   I ask you if that's a photograph of the same cabinet but

       9   from a distance?

      10   A   That's correct.

      11   Q   Does that --

      12            MR. DRATEL:  I move that photograph in evidence, your

      13   Honor.

      14            THE COURT:  Received.

      15            (Defendant's Exhibit WEH-X-E-21 received in evidence)

      16            MR. DRATEL:  If we can publish it to the jury.

      17            THE COURT:  Yes.

      18            MR. DRATEL:  Thank you.

      19   Q   And does that photograph help you determine the location

      20   of that cabinet?

      21   A   I'm still not certain which office area that would have

      22   been from.  It may have been from the back one.

      23   Q   But would that tell you whether it's the upstairs or the

      24   downstairs?

      25   A   That would be the upstairs.

                                                                    2983

       1            MR. DRATEL:  If we can show the witness and counsel

       2   what's been marked as WEH-X-E-22.

       3   Q   From that last photo, could you tell whether it was the H

       4   room or the J room?

       5   A   No.

       6   Q   I ask you if that's a photograph of one of the upstairs

       7   offices at Mercy?

       8   A   I don't, I'm not certain.  I don't recall.

       9   Q   Did you search the rooms yourself?

      10   A   I did the initial walkthrough and then assigned agents to

      11   each room so I was in each room, but I spent the bulk of my

      12   time on the first floor in the office area down there.

      13            MR. DRATEL:  We'll move on to WEH-X-E-23, please.

      14   Publish it.  24 then.

      15   Q   Is that a desk at the Mercy offices?

      16   A   That appears to be Room J the desk in the front office

      17   area on the second floor.

      18   Q   You recognize that as Room J?

      19   A   To the best of my recollection.

      20   Q   That's the same room from which the two photographs that

      21   you put in earlier on direct examination, correct?

      22   A   I believe so.

      23            MR. DRATEL:  I move it in evidence, your Honor.

      24            THE COURT:  Received.

      25            (Defendant's Exhibit WEH-X-E-24 received in evidence)

                                                                    2984

       1            MR. DRATEL:  If we can publish it to the jury,

       2   please.

       3            THE COURT:  Yes.

       4   Q   So this photograph is from a different angle than the two

       5   that were put in evidence earlier, correct?  If you want to

       6   see those photos?

       7   A   If you could refresh my memory?  Yes, this is a closer

       8   view of Government Exhibit 657 A.

       9            MR. DRATEL:  If we could show the witness and counsel

      10   what's been marked as WEH-X-E-25.

      11   Q   And is that again another photo from Room J?

      12   A   That's correct.

      13            MR. DRATEL:  Move it in evidence, your Honor.

      14            THE COURT:  Received.

      15            (Defendant's Exhibit WEH-X-E-25 received in evidence)

      16            MR. DRATEL:  If we can publish it to the jury, your

      17   Honor.

      18            THE COURT:  Yes.

      19   Q   This is the angle towards the closet; is that correct?

      20   A   To the best of my recollection, yes, sir.

      21   Q   Do you know where in Room J the boxes or the materials

      22   that were seized were seized from?

      23   A   According to what Agent Kerston had told me as he was

      24   searching it the evidence that he placed into the boxes in

      25   Room J came from the desk area as well as from the closet

                                                                    2985

       1   slash book shelf area.

       2            MR. DRATEL:  If we can show the witness and counsel

       3   what's marked as WEH-X-E-26.

       4   Q   Is that another photograph from Room J of the closets in

       5   Room J?

       6   A   To the best of my recollection, yes, sir.

       7            MR. DRATEL:  I move it in evidence, your Honor.

       8            THE COURT:  Received.

       9            (Defendant's Exhibit WEH-X-E-26 received in evidence)

      10            MR. DRATEL:  If we can publish it to the jury.

      11            THE COURT:  Yes.

      12   Q   Do you know where the documents that were seized were in

      13   the closet or on the desk, their exact location?

      14   A   No, I do not.

      15            MR. DRATEL:  If we could show the witness -- did I

      16   move that in evidence, your Honor, 26?

      17            THE COURT:  Yes, it was received.

      18            MR. DRATEL:  Thank you, your Honor.  If we can show

      19   the witness WEH-X-E-27.

      20   Q   I'm going to ask you if that's a photograph of Room J as

      21   well?

      22   A   It appears to be behind the desk in that same room.

      23            MR. DRATEL:  I move it in evidence, your Honor.

      24            THE COURT:  Received.

      25            (Defendant's Exhibit WEH-X-E-27 received in evidence)

                                                                    2986

       1            MR. DRATEL:  If we can publish it to the jury,

       2   please.

       3            THE COURT:  Yes.

       4   Q   And were these photographs taken before or after the items

       5   were seized and removed from the room?

       6   A   This would have, I believe these were the initial photos

       7   taken which would have been before the items were actually

       8   boxed up.

       9   Q   Did you examine materials before they were boxed up, you

      10   yourself?

      11   A   No.

      12   Q   So you don't know how they appeared initially in terms of

      13   either in files or envelopes, or how they initially were

      14   packaged, so to speak?

      15   A   No, I don't know where specific items were within the

      16   room.  Generally I have the searching agent write on the box

      17   the types of documents that are coming out of that particular

      18   area, and then as I'm preparing the log he will tell me what

      19   areas within the room those items were located.

      20   Q   But I'm saying you don't know how the files were divided

      21   or enclosed themselves?

      22   A   No, I don't.

      23   Q   Did you take any photographs of the files themselves

      24   before they were put in the boxes and sent away?

      25   A   My team did not.

                                                                    2987

       1   Q   In fact, you not only took items from Room J, but you took

       2   items and documents from every room in the house, in the

       3   building in which there were documents; is that correct?

       4   A   I believe nearly every room there were items taken, that's

       5   correct, sir.

       6   Q   In fact, you were there for five hours searching and

       7   seizing documents and other materials is that correct?

       8   A   Yes, we were.

       9            MR. DRATEL:  I have nothing further, your Honor.

      10            THE COURT:  Anything further of this witness?

      11            MR. FITZGERALD:  No, your Honor.

      12            THE COURT:  Thank you.  You may step down.

      13            (Witness excused)

      14            MR. FITZGERALD:  Judge, at this time the government

      15   would display certain of the items just received in evidence

      16   starting with Government Exhibit 103.

      17            I believe this is previously received in evidence and

      18   previously read, so I'll just read the first line and the

      19   signature.

      20            (Government Exhibit 103 read as indicated)

      21            Secondly, I would display Government Exhibit 4-I

      22   believe 2, a picture that has the words Abu Ubaidah on it.

      23   Then I would also display Government Exhibit 103 which is the

      24   picture in the upper-left corner both sides.  I'm just using

      25   them for comparison purposes.

                                                                    2988

       1            The first two photos were not seized in the search

       2   area.  I'd like to compare Government Exhibits 605A which was

       3   seized with this photo.

       4            I'd like, your Honor, to pass the original of 605A to

       5   the jury, and have them then compare that with Government

       6   Exhibit 103, the photograph.

       7            THE COURT:  Does this device permit putting them both

       8   on screen?

       9            MR. FITZGERALD:  If we can put both on the same

      10   screen, that will be fine, 103 and 605A.

      11            If we could new display Government Exhibit 606.  If

      12   could focus in the upper-left corner the handwriting

      13   underneath daily, enlarge that.

      14            (Portion of Government Exhibit 606 read)

      15            If we can display Government Exhibit 607.  If we can

      16   enlarge the picture of the boat where the handwriting is.

      17   Blue ink.  If you can make it a little bit bigger.

      18            (Portion of Government Exhibit 607 read)

      19            If we can display Government Exhibit 610.  Just read

      20   the address.

      21            (Portion of Government Exhibit 10 read)

      22            And if we could display Government Exhibit 611.  If

      23   we could just zoom in on the signature line underneath

      24   sincerely.  Sincerely Norman.

      25            Now display it full sized again.  And then if we

                                                                    2989

       1   could display Government Exhibit 647 A-T.  Read that aloud.

       2            (Portion of Government Exhibit 647-A-T read)

       3            If we can display 647B-T translation.

       4            (Portion of 647T-B read)

       5            If we can show the original exhibit untranslated,

       6   Government Exhibit 647B.  Place that he will on the Elmo we'll

       7   show first.

       8            (Portion of 647B read)

       9            Finally for now, your Honor, we would display

      10   Government Exhibit 651 for in evidence.  I'll read aloud from

      11   the card.

      12            (Government Exhibit 651 read)

      13            At this time Assistant US Attorney Michael Garcia

      14   will call Special Agent Michael Ernst.

      15            MR. GARCIA:  Government calls Michael Ernst.

      16            MR. SCHMIDT:  Can we have a moment before we do that?

      17   May I have a moment to speak to the government?

      18            THE COURT:  Yes.

      19            (Pause)

      20            MR. GARCIA:  Government calls Michael Ernst.

      21    MICHAEL J. ERNST,

      22        called as a witness by the government,

      23        having been duly sworn, testified as follows:

      24   DIRECT EXAMINATION

      25   BY MR. GARCIA:

                                                                    2990

       1   Q   Agent Ernst, where do you work?

       2   A   For the FBI.

       3   Q   What's your position there?

       4   A   Special Agent.

       5   Q   How long have you been an agent with the FBI?

       6   A   18 years.

       7   Q   Back in August of 1998 where were you assigned?

       8   A   In Sacramento, California.

       9   Q   Directing your attention to a specific date, August 24,

      10   1998, were you working that day?

      11   A   Yes I was.

      12   Q   What was your assignment?

      13   A   I was to conduct a search of the residence of Ali Mohamed

      14   located at 7233 Pepperwood Knoll Lane, apartment 81,

      15   Sacramento, California.

      16   Q   Approximately what time did you arrive at that residence

      17   on August 24th?

      18   A   Approximately 9 o'clock.

      19   Q   A.m. or p.m?

      20   A   A.m.

      21   Q   Could you just briefly describe for us the residence as it

      22   appeared to you from the outside?

      23   A   It's a single-story apartment building containing four

      24   apartments.

      25   Q   At the time you conducted this search on August 24th was

                                                                    2991

       1   there anyone home in apartment 81?

       2   A   No, there wasn't.

       3   Q   Was it your intention to conduct the search when the

       4   apartment was empty?

       5   A   Yes, it was.

       6   Q   Why was that?

       7   A   That's the authorization that we had from the federal

       8   warrant that was issued.

       9   Q   Did you intend to have anybody know that you had been in

      10   the apartment?

      11   A   No.

      12   Q   How did you gain entry to apartment 81?

      13   A   We had a key that was given to us by the apartment complex

      14   manager.

      15   Q   Again, could you briefly describe for us the layout of

      16   apartment 81?

      17   A   It was a two-bedroom, one-bath apartment, with kitchen,

      18   living room, dining room area.

      19   Q   What did you do upon first gaining entry into the

      20   apartment?

      21   A   The apartment was secured and verified that no one was

      22   home, and after that, we started the search.

      23   Q   Could you tell us approximately how many people were on

      24   your search team?

      25   A   About ten.

                                                                    2992

       1   Q   Could you generally describe for us the type of personnel

       2   you had with you?

       3   A   We had people who were familiar with computers, we had

       4   photographers and language specialist.

       5   Q   And what was the specialty of that language specialist?

       6   A   Arabic.

       7   Q   Inside the apartment what was the role of the computer

       8   specialists?

       9   A   They were to make an image copy of any computers that we

      10   found in the apartment.

      11   Q   Did you in fact find any computers in the apartment?

      12   A   Yes.  We found a laptop and a desk top computer.

      13   Q   Were both of those, were image copies made of both of

      14   those computers?

      15   A   Yes, they were.

      16   Q   Did you find any discs or CD Roms inside the apartment?

      17   A   We found computers floppies, and we copied those.

      18   Q   What was the role of the English-Arabic translator?

      19   A   He was to translate any documents that were written in

      20   Arabic.

      21   Q   For what purpose?

      22   A   He would tell me what the document was about and I would

      23   decide whether we needed to photograph it or not.

      24   Q   So we're clear, did you remove any original documents from

      25   apartment 81 on that day?

                                                                    2993

       1   A   No, we didn't.

       2   Q   After the original documents were photographed, what did

       3   you do with them?

       4   A   We put them back where they came from.

       5   Q   Approximately how long were you inside apartment 81 on

       6   August 24th?

       7   A   About four hours.

       8   Q   What happened to the rolls of film that were shot inside

       9   the apartments on that day?

      10   A   The photographs were taken by a team from the FBI

      11   Quantico, Virginia office.  They were taken back with them

      12   where they were processed and put on CD Roms, and the CD Roms

      13   were then sent to me.

      14   Q   How about the image copies that were made of the hard

      15   drives of the laptop and the desk top that day?

      16   A   Those were taken by the computer people back to our office

      17   in Sacramento, where the images were put on a hard drive on an

      18   FBI computer.

      19   Q   Did you have access to that FBI computer that now

      20   contained the hard drives?

      21   A   Yes, I did.

      22   Q   Did you access that hard drive and print off files from

      23   those hard drives?

      24   A   Yes, I did.

      25            MR. GARCIA:  Your Honor, if I might approach and show

                                                                    2994

       1   the witness Government Exhibits marked for identification only

       2   350, 350A, 351, 351A, 353 and 353A, 354, 354A, 355, 355A, and

       3   356 and 356A.

       4            Agent, did you have an opportunity to review those

       5   Government Exhibits prior to coming to court today?

       6   A   Yes, I did.

       7   Q   Generally, what are they?

       8   A   These are documents that were contained on the computers,

       9   the desk top computers that I printed.

      10   Q   You personally printed those out from the hard drive?

      11   A   Yes, I did.

      12   Q   The corresponding A exhibit, for example 350A, is that a

      13   printout of the screen of the properties of the particular

      14   file for the corresponding exhibit number?

      15   A   Yes, it is.

      16            MR. GARCIA:  Again, Judge, if I might approach and

      17   show Agent Ernst Government Exhibits for identification 357,

      18   358, 359, 361 and 367.

      19            Agent, again, have you had the opportunity to review

      20   those particular documents prior to coming to court?

      21   A   Yes, I did.

      22   Q   Generally speaking, what are they?

      23   A   Copies of documents that we photographed on the day of the

      24   search.

      25   Q   Would that be August 24, 1998?

                                                                    2995

       1   A   Yes.

       2   Q   Are those fair and accurate copies of documents you

       3   photographed during that search?

       4   A   Yes.  They are.

       5            MR. GARCIA:  Your Honor, at this time I would like to

       6   read into the record a stipulation marked as Government

       7   Exhibit 150.

       8            THE COURT:  Yes.

       9            MR. GARCIA:  It is hereby stipulated and agreed by

      10   and between the parties if called as a witness a person fluent

      11   in the Arabic and English languages would testify that

      12   Government Exhibits 357T, 358T, 359T and 361T are fair and

      13   accurate English translations of Government Exhibits 357, 358,

      14   359, and 361 respectively.

      15            It is further stipulated and agreed that the

      16   stipulation may be received in evidence as a Government

      17   Exhibit at trial.

      18            At this time, your Honor, the government would move

      19   the stipulation, Government Exhibit 150, as well as the

      20   translations referred to in that exhibit, 357T, 358, 359T,

      21   361T into evidence as well as the underlying exhibits,

      22   Government Exhibits 357, 358, 359, 361, and 367, and the

      23   computer printouts, 350, 350A, 351, 351A, 353, 353A, 354,

      24   355A, 356 and 356A into evidence.

      25            THE COURT:  Received.

                                                                    2996

       1            (Government's Exhibits 150, 357T, 358, 359T, 361T,

       2   357, 358, 359, 361, 367, 350, 350A, 351, 351A, 353, 353A, 354,

       3   355A, 356 and 356A received in evidence)

       4            MR. GARCIA:  Your Honor, at this time I'd like to go

       5   into the specific exhibits, but would this be a convenient

       6   time to break?

       7            THE COURT:  We'll break for lunch and we'll resume at

       8   2:15.  We're adjourned until 2:15.  Have a good lunch.

       9            (Luncheon recess)

      10            (Continued on next page)

      11

      12

      13

      14

      15

      16

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    2997

       1                         AFTERNOON SESSION

       2                             2:15 p.m.

       3            (Jury not present)

       4            MR. SCHMIDT:  The government and defense have agreed

       5   to a stipulation relating to the location of documents that

       6   were published just before the last witness was on the stand,

       7   to avoid any confusion, and I would like to read the

       8   stipulation into evidence and show the document before we

       9   continue with this witness.

      10            THE COURT:  All right.

      11            MR. SCHMIDT:  Notwithstanding the stipulation, two

      12   documents -- three, two documents and translation were placed

      13   into evidence this morning and published by the government,

      14   and having reviewed the material we received this morning as

      15   to the location of the material, we are moving to strike those

      16   exhibits from the evidence as not related to the charges

      17   before the court.

      18            THE COURT:  Is that on consent?

      19            MR. FITZGERALD:  I didn't know about it until now and

      20   I oppose that motion.

      21            THE COURT:  Is that witness still available?  This is

      22   just purely stipulations?

      23            MR. FITZGERALD:  This is, I think, a legal objection.

      24            MR. SCHMIDT:  This is a legal objection now.  The

      25   government has stipulated to allow me to read the stipulation

                                                                    2998

       1   as to the location of those documents, but having reviewed

       2   those documents and reviewed the location, notwithstanding the

       3   stipulation I believe that those documents are not relevant to

       4   the charges before the court and are certainly not relevant to

       5   my client.

       6            THE COURT:  Because?

       7            MR. SCHMIDT:  They were seized at the Mercy, they

       8   have never been shown to be in the possession of my client,

       9   about my client, from my client.  They were seized on a

      10   different floor.  They are from Mercy.

      11            THE COURT:  What is the nexus between these exhibits

      12   and the defendant?

      13            MR. FITZGERALD:  The relationship has been shown

      14   between Mercy International and one of the people affiliated

      15   named Ahmed Tawhil.  These were seized from the Mercy

      16   International premises, and the fact that a document came from

      17   a different room doesn't mean it is not connected to the

      18   enterprise.  The enterprise charged in the document is with

      19   using nongovernment organizations as a front.  Just as a

      20   picture of a prayer room downstairs is a document that rebuts

      21   that, what we have here are documents -- I have never seen a

      22   search parsed by room.  It is an office where documents were

      23   seized.  These documents show that Mercy International, while

      24   it does have legitimate charitable purpose, has other purposes

      25   that are contrary to that.

                                                                    2999

       1            THE COURT:  The motion to strike despite the

       2   stipulation is predicated on the fact that it appears that the

       3   exhibits were seized in a room other than the room occupied by

       4   your client?

       5            MR. SCHMIDT:  My client doesn't occupy it.  There are

       6   documents that the government has a valid basis of indicating

       7   are documents that either belonged to my client or were

       8   somehow related to my client because it was found in a similar

       9   location or concerns a person where they have produced

      10   evidence that my client had contact with.  Those we are not

      11   objecting to.  But found in another room was a poem that

      12   relates to anti-Israeli situation and the receipt that has not

      13   been linked to anybody in this case --

      14            THE COURT:  A poem, and what is the other one?

      15            MR. SCHMIDT:  The receipt.

      16            THE COURT:  A receipt for what?

      17            MR. SCHMIDT:  It was a receipt from a hotel where

      18   there was some writing on the back.

      19            MR. FITZGERALD:  Receipt dated July 24, 1998, and on

      20   the back it said getting weapons from Somalia.

      21            THE COURT:  In handwriting not identified.

      22            MR. FITZGERALD:  Yes, your Honor, and that was the

      23   translation of the Arabic.

      24            Your Honor, in many, many cases, in drug cases when

      25   you go to an apartment and there are drug records there, the

                                                                    3000

       1   records are what they are.  We don't have to show that a

       2   particular person authored them.  This is the place that was

       3   chosen to store the files that Harun Fazhil removed from Wadih

       4   El Hage's house when he was concerned that the FBI might raid

       5   Wadih El Hage's apartment.  When the FBI searched it in 1997

       6   they did not recover those files.  When they searched Mercy

       7   International, they found a number of documents, included

       8   among which Wadih El Hage's files and files concerning Abu

       9   Ubaidah.

      10            THE COURT:  What argument is the government going to

      11   predicate on these two exhibits?

      12            MR. FITZGERALD:  I understand that Mr. Schmidt is

      13   trying to maintain that the nongovernmental organizations were

      14   purely charitable and that Wadih El Hage's association with

      15   those groups was purely charitable.

      16            THE COURT:  They are relevant to the nature of the

      17   organization, the fact that the organization --

      18            MR. FITZGERALD:  Appears to be involved in jihad

      19   activity, not just charity.

      20            THE COURT:  The motion to strike is denied.

      21            MR. SCHMIDT:  If I may, your Honor, there is no

      22   indication when and who prepared those documents.  This is not

      23   a drug conspiracy where everything in a room or an apartment

      24   of drugs can be seized.  This is an office.  And while the

      25   government is correct that somehow Mr. El Hage's documents

                                                                    3001

       1   ended up in Mercy, if there is any kind of showing that other

       2   documents are somehow related to Mr. El Hage or the documents

       3   that he once possessed, I can understand it.  But this is

       4   found on a different floor, in a different place, and there

       5   has been no connection to anything involving this conspiracy.

       6   That means any jihad document anywhere in the world becomes

       7   relevant?  That's what the government is saying.

       8            THE COURT:  You know, if you would just sort of calm

       9   down a little bit.

      10            An issue in the case is the nature of this

      11   organization, whether it was an organization devoted solely to

      12   charitable purposes or whether it was an organization which

      13   functioned at two levels, a charitable organization which

      14   among other things was a front for actions in furtherance of

      15   the conspiracy.  Therefore, a document which was seized from

      16   those premises and which is indicative of activities not of a

      17   charitable nature becomes relevant.

      18            Why don't you submit a proposed instruction which

      19   will cover this matter.  But the motion to strike is denied.

      20            MR. COHN:  4:30, your Honor, conditions of

      21   confinement and if the government would have Mr. Brady here it

      22   would move things along.  That's all I care.

      23            THE COURT:  That's a request for a conference at

      24   4:30?

      25            MR. COHN:  It is a request, your Honor, yes.

                                                                    3002

       1            THE COURT:  And a request that Mr. Brady be present?

       2            MR. FITZGERALD:  I didn't know about it but if

       3   Mr. Brady is around we will see if he is available, and we may

       4   join him as well.

       5            MR. DRATEL:  There was one photograph not put in

       6   evidence because the agent did not recognize it, but we agree

       7   with the government to put that photograph in, WEH XE-22.  It

       8   was marked for identification although the witness himself did

       9   not recognize the photograph.

      10            THE COURT:  Yes.  So you are moving its admission

      11   now?

      12            MR. DRATEL:  Yes.

      13            MR. FITZGERALD:  Consent.

      14            THE COURT:  All right.  WEH XE-22 is received.

      15            (Defendant's Exhibit WEH XE-22 received in evidence)

      16            THE COURT:  You want now, you want to interrupt his

      17   testimony to do what?

      18            MR. FITZGERALD:  Can we do it right when he is done?

      19            MR. SCHMIDT:  I will wait till after he is done.

      20            THE COURT:  Let's bring in the jury and the witness.

      21            (Pause)

      22            THE COURT:  One of the jurors says he is not feeling

      23   well, and if there is no objection, with the court reporter I

      24   would like to talk with this juror to discover what his

      25   problem is.  Any objection to my doing that?

                                                                    3003

       1            COUNSEL:  No objection.

       2            (Pages 3004 through 3009 sealed)

       3            (Continued on next page)

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       9

      10

      11

      12

      13

      14

      15

      16

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    3010

       1            (In open court)

       2   MICHAEL ERNEST, resumed.

       3            (Jury present)

       4            THE COURT:  Good afternoon.  Sorry for the delay.

       5            Mr. Garcia, you may continue.

       6            MR. GARCIA:  Thank you, Judge.

       7   DIRECT EXAMINATION continued

       8   BY MR. GARCIA:

       9   Q   Before we broke, we were discussing a search at 7233

      10   Peppeswood Knoll Lane, apartment 81, Sacramento.

      11   Specifically, we had gotten to a few exhibits that are in

      12   evidence and I would like to go through a few of them now.  I

      13   would like to start with Government's Exhibit 350A, and if we

      14   could have that displayed.

      15            Agent Ernst, could you tell us, what are we seeing

      16   here?

      17   A   This is a copy of the properties of the particular

      18   document.

      19   Q   That is a document that was found on one of the computers

      20   taken during the search that you talked about earlier?

      21   A   Yes, it was.

      22   Q   Looking at 350A, what is the file in which the document

      23   was found?

      24   A   Cocktail, C-O-C-K-T-A-I-L.

      25   Q   That is the name of this particular document, is that

                                                                    3011

       1   correct?

       2   A   Yes, it is.

       3   Q   You say this describes properties.  Does it have the date

       4   this file was created?

       5   A   Yes, it was.

       6   Q   What was that?

       7   A   Monday, January 8, 1996.

       8   Q   If we could now put up on the screen Government's Exhibit

       9   350.  If we could zoom in on the first four entries there and

      10   enlarge that.

      11            Agent, this is the actual file, cocktail, that you

      12   were talking about earlier, 350A

      13   A   Yes.

      14   Q   Could you read the top line on this document.

      15   A   How the group is functioning.  1.  Not more than four

      16   people.  Computer guru.  Computer assistant (Classify info,

      17   helping in some issues).  Darkroom expert.  Communication

      18   expert.  P.S. Every member knows how to do everything.

      19            2.  The area of operation will be divided into

      20   stations.  Every group will assigned a station.

      21            3.  Every member has a legal job as a cover (Student,

      22   worker, trade)

      23            4.  There are a base.  Could be apartment, part of

      24   store or in a farm.

      25   Q   If you could go to page 2 of the same document, 350.

                                                                    3012

       1   A   Did you want me to read the rest?

       2   Q   That's OK, thank you.  If we could zoom in on method of

       3   operation.

       4   A   4.  Each mission has different plan, some regular

       5   measurements as follows.

       6            A.  Group will be divided into two teams.

       7            B.  Each team consists of two persons.

       8            C.  It might be that two teams will be working on the

       9   same target in shifts.  One team replaces the other.  To

      10   continue the job with new faces.  One team on the target and

      11   the other team in the base, and so on.

      12            D.  Safety is the main concern, so the contingency

      13   plan is very important.  Before working on the target you

      14   have:

      15            1.  Specify a rally point to meet in case of

      16   separation for any reason.  You might have to have more than

      17   one with different time for 12 hours.

      18            2.  Signals.

      19            3.  How to avoid arrest.

      20   Q   If we could display Government's Exhibit 351A.  Agent,

      21   again, this is a screen showing the properties of that

      22   particular file, Exhibit 351?

      23   A   Yes.

      24   Q   So we are clear, is this screen generated by the Microsoft

      25   Windows program on the computer hard drive?

                                                                    3013

       1   A   Yes, it is.

       2   Q   Then you printed out that particular screen?

       3   A   Correct.

       4   Q   If we could go to page 1, the actual Exhibit 351, and if

       5   we could zoom in on section B, in the middle of the page and

       6   if you would read that for us.

       7   A   B.  The system of the netaq to serve no 2.  The netaq is

       8   term used in the security system.  For example:  An embassy of

       9   a foreign country will have several netaq.  The first netaq

      10   will be inside the fence and the security from this foreign

      11   country will take care of it.  The second netaq is the police

      12   outside the gate.  The third netaq might be a patrol car

      13   stationed about two blocks from the embassy.  The fourth netaq

      14   might be a police unit responsible to protect some sensitive

      15   targets in that area, about 2 kilometers away.  The system of

      16   the netaq and the important part of the town to serve No. 3.

      17   Q   If we could display Government Exhibit 354, page 1.

      18            Before we discuss those entries, Agent Ernst, could

      19   you tell us what is the name of this particular file as

      20   reflected on 354A?

      21   A   It is tahary.

      22   Q   If you could read for us those entries displayed on the

      23   screen.

      24   A   Definition.  Gathering info about a target in a specific

      25   time.

                                                                    3014

       1            Types ANWA3 al-tahary.

       2            1.  Normal tahary such as criminal investigation.

       3   3ADY.

       4            2.  Personal tahary for a specific target.  Shakhsy.

       5            3.  Tahary for spies.  Jasoukeya.

       6   Q   If we could have Government's Exhibit 355H2, and if we

       7   could zoom in on entry 22 -- no, in the middle of the page

       8   under examples.  And could you read that for us.

       9   A   Example, how the four groups works together.

      10            Number 1.  Each group does not know anything about

      11   the other group, even Majmou3at.  Al-qeyada does not know how

      12   many group under its leadership.  Only the one group know each

      13   other because the members of one group only working with each

      14   other.

      15            Number 2.  The communications between the different

      16   groups are conducted through the dead mail drop only.

      17   Q   Could you tell us looking back at 355A in front of you,

      18   what date does that list this file being created?

      19   A   Saturday, May 30, 1998.

      20   Q   Agent, I would like to put the computer printouts aside

      21   now and turn to the other exhibits that are in front of you

      22   and I would like to start with Government's Exhibit 361, which

      23   I believe is the Egyptian passport.  Could you tell us, that

      24   passport, was that photographed inside the residence as you

      25   described it earlier?

                                                                    3015

       1   A   Yes, it was.

       2   Q   Nationality?

       3   A   Egyptian.

       4   Q   And the name on that passport, if you could read it for

       5   us?

       6   A   Ahmed, A-H-M-E-D, Bahaa, B-A-H-A-A, Eldin, E-L-D-I-N,

       7   Mohamed, M-O-H-A-M-E-D, Adam, A-D-A-M.

       8   Q   Thank you.  If we could put that aside and go to

       9   Government's Exhibit 357.  Could you just tell the jury

      10   generally what is that item 357?

      11   A   This is a photograph of a telephone address book that we

      12   found during the search.

      13   Q   If we could display the last page of that address book on

      14   the screen.  If we could zoom in on the written entry.  Agent,

      15   are you able to read that off the screen for us?

      16   A   Yes.

      17   Q   Would you.

      18   A   Well, it is some type of writing or symbol number.  Fax

      19   254-2-820067.

      20   Q   Agent, do you have in front of you the corresponding

      21   translation in 357T, which I believe is in the other pile?

      22   A   Yes, I do.

      23   Q   Could you turn to the corresponding translation page for

      24   that entry, and if it is possible if we could have that also

      25   on the screen, the translation 357-T final page.  If we could

                                                                    3016

       1   do it at the same time that would be better.  Agent, if you

       2   would just read for us the corresponding entry from

       3   Government's Exhibit 357-T for the page that we have

       4   displayed.

       5   A   Yes.  Wadieh, W-A-D-I-E-H.

       6   Q   And now if we could go to Government's Exhibit 359.

       7   Again, is that a document that you photographed in the search

       8   you described for us?

       9   A   Yes, it is.

      10   Q   If we could have Government's Exhibit 359T displayed.

      11   Could you read that for us, Agent.

      12   A   Details of the accident in which Galal died.

      13            This is the third big accident in Tanzania after the

      14   seventies train accident, but this time it was very painful as

      15   the accident was on Lake Victoria.  This is the second ship

      16   accident and the first was on the Zanzibar Sea where the two

      17   ships collided on 29 June 1990.

      18   Q   If we could display the rest of that document page and if

      19   you could read the entire document beginning with the

      20   accident.

      21   A   The accident began with the departure of a passenger ship

      22   working between -- the spelling on the word is M-W-A-N-Z-A

      23   (Arabic) and B-U-K-O-B-A (Arabic) a long time during the night

      24   of 21 May 1996.  It was heading from Bukoba to Mwanza.  The

      25   legal capacity of the ship was 500 passengers, but with a

                                                                    3017

       1   bribe it left Bukoba with more than 600 passengers and these

       2   (LUI) whose names were not found in official records found in

       3   Bukoba.  The trip lasted approximately 10 or 11 hours.  The

       4   official reason for the accident was the greed of those in

       5   charge of the boat wherein a large number of passengers were

       6   allowed to go on the deck of the ship even though the ship was

       7   in bad condition as it left Bukoba.  The ship was originally

       8   tilting when it arrived at the port of Kemendo, K-E-M-E-N-D-O,

       9   located approximately three kilometers from the port of

      10   Bukoba, where it permitted more passengers to (board) as well

      11   as cars and other things.  The ship began its trip at 3:30 on

      12   the morning of the 21st, and it continued, listing and at a

      13   slow speed.  Close to the island of (Jumah) and about 13

      14   kilometers distant from the port of Mwanza, and sometime

      15   between the hours of 6 and 7 in the morning, the ship's

      16   passengers were surprised when the ship listed very quickly

      17   and in a few minutes most of the ship was under water.  A

      18   small portion had a quantity of air and it didn't go down.  As

      19   the ship continued to quickly drown, they were not able to

      20   escape except the individuals who were on the deck who jumped

      21   into the water.  Less than 50 survived the accident and those

      22   were the ones that through themselves into the water and among

      23   those the ones that excelled at swimming or had grabbed on to

      24   bananas, as there was a load of bananas on board the ship.

      25   Some of them held small rings such as 8 (people) who held

                                                                    3018

       1   together, and from time to time, and with effort, one of the

       2   eight people would release his hands and go under water and

       3   move to the other life.  (Koranic references here)

       4            At 9:30 a boat coming from Uganda threw lifelines to

       5   anyone remaining, and most of them were totally naked.  At

       6   approximately 11:30, the city of Mwanza was weeping.

       7   Strangely, the (helmsman/skipper) felt the ship listing and

       8   contacted the port of Mwanza.  But they were (drunk), and when

       9   fishermen came and informed them of the accident but they were

      10   called liars.  The authorities didn't arrive until 2 in the

      11   afternoon and a piece of the ship was still sticking our of

      12   the water.  When the official came and heard noise coming from

      13   inside the ship, he decided to extract those that were in the

      14   portion still protruding from the water.  He issued an order

      15   to make holes in part of the ship despite the warning of

      16   experts that making a hole in the ship would allow the air to

      17   escape and the entire ship would sink.  One of the owners of

      18   the ship suggested pulling the ship into the port as is and

      19   then proceeding with the extraction, but (the official)

      20   insisted on his position of making a number of holes.  They

      21   removed three people.  Then the ship submerged completely to a

      22   depth of 30 meters.  That was around 4 in the evening.  Now it

      23   is more than 30 meters under the water and the cabin, the

      24   first and second class cabins are buried under mud which

      25   pushed along by the underwater current based upon the

                                                                    3019

       1   expectation of local residents.

       2            The day after the accident they found more than 50

       3   corpses and likewise on the third day.  The government is not

       4   doing anything, but the wealthy people Mwanza met and took

       5   charge of offering all the aid, food, boats, diesel, supplies,

       6   and anything the people were needed.  On the fourth day

       7   following the accident, a team of divers of South Africa came

       8   and sat for a full day without anyone talking to them.  Even

       9   the government did not pay attention to them.  Anyhow, the

      10   team began doing their work on the fifth day, wherein they

      11   began making openings in the third class compartment.  They

      12   extracted some of the bodies and the government prohibited

      13   filming in the area.  They continued working until the 11th

      14   day, when a team of trainers came from South Africa because

      15   the first team was still under training.  And the new team

      16   gave and brought with them new supplies.  The work was

      17   generally done using small boats, which carried the corpses to

      18   the port.  Then they were transported in ships to a soccer

      19   field, where there were tents divided according to gender.

      20   Then family members would come in to look for their relatives

      21   and a death certificate was issued by the Red Cross to those

      22   identified.  And then they were taken to graveyards and to

      23   some collective cemeteries.  But the Muslims there began to

      24   dig graves from the second day and left them ready.  And every

      25   Friday, they would pray a absentee prayer for whoever was in

                                                                    3020

       1   the ship.  On the same day in which the new team began its

       2   work, they met and then decided to stop work for health

       3   reasons.  The final outcome of bodies, approximately 410.  On

       4   the first day the corpses were placed in the Mwanza hospital.

       5   The true number of passengers was 1,000, and it was said that

       6   it could be 1,400.  On June 3, 1996, the Tanzanian president

       7   came to Mwanza and announced an end to the search operations.

       8            Hours before the accident.

       9            Asaf, A-S-A-F, who was with him, told us that they

      10   had awakened at 5:30 a.m. so they could pray the dawn prayer,

      11   and they left the first class compartment.  And after the

      12   prayer Galal said to Asaf, who was his companion of the trip,

      13   let's go back to the room, the air is cold.  Asaf saw the

      14   ship's crew wearing life preservers so he asked them what's

      15   wrong with you, as if the ship was going to sink.  They said

      16   was Allah knows.  At this time the ship was very slow so they

      17   returned to the room, and after about 10 minutes Asaf felt the

      18   listing of the ship, so he wakened Galal and said in a

      19   frightened voice the ship is listing.  Galal said don't be

      20   afraid, Allah is with us, and they went back to sleep.  After

      21   about two minutes, they were surprised by the ship listing

      22   backed.  Asaf hurried from the room and called to Galal, and

      23   the ship listed more.  Galal got up and grabbed the door that

      24   was now over him, and began to forcefully pull himself out.

      25   But during this time the door broke and fell to the bottom and

                                                                    3021

       1   Asaf was still calling him.  There were roughly 2 1/2 meters

       2   between him and the door and Galal made a second attempt but

       3   it was God's destiny for the opposite door to open.  People

       4   and stuff fell on top of him while Asaf and he were looking

       5   for each other and the water had risen up to the calf.  Within

       6   seconds, Asaf was surprised by water entering upon him and

       7   Galal, who was on the bottom, was looking up to him.  They

       8   were looking at him. (Asaf) took deep breath and pushed

       9   himself into the corridor, and there were 10 doors in front of

      10   him, as they were in the 20th room.  By Allah's will, each one

      11   of the doors was closed.  He began to leave and until he

      12   arrived to the front the ship was still turning over, and he

      13   saw pipes in front of him that he had to climb.  He climbed

      14   while the ship continued to capsize.  He hurried until he

      15   arrived at the top of the ship, who was originally a hallway.

      16   He found some of the people who had survived, and saw bodies.

      17   He then jumped into the water and began to swim, and found

      18   people holding to a ring (life-saving ring).  They refused,

      19   fearing that they would all drown.  But after two and a half

      20   hours they had held on as much as they could until a ship

      21   coming from Uganda arrived and threw down lifelines.  In this

      22   way the sheik went down with the ship with all the other first

      23   class passengers, none of whom were saved.  We asked that

      24   Allah receive him as a martyr of the sea (Koranic reference

      25   follows)

                                                                    3022

       1            MR. GARCIA:  Nothing further, your Honor.

       2            THE COURT:  Anything of this witness?

       3            COUNSEL:  No, your Honor.

       4            THE COURT:  Thank you, you may step down.

       5            (Witness excused)

       6            MR. KARAS:  Your Honor, the government calls Marilyn

       7   Morelli.

       8    MARILYN MORELLI,

       9        called as a witness by the government,

      10        having been duly sworn, testified as follows:

      11   DIRECT EXAMINATION

      12   BY MR. KARAS:

      13   Q   Good afternoon, Ms. Morelli.

      14   A   Good afternoon.

      15   Q   Can you tell us how you are employed.

      16   A   I am employed by a firm called O'Gara Satellite Networks,

      17   in Deer Park.

      18   Q   Can you tell us what O'Gara Satellite Networks does?

      19   A   We sell satellite telephone equipment.

      20   Q   Does that include satellite telephones themselves?

      21   A   Yes.

      22   Q   What exactly do you do for O'Gara Satellite Networks?

      23   A   I am a commissioning specialist.

      24   Q   What does a commissioning specialist do?

      25   A   I commission the telephones Inmarsat.  I also maintain the

                                                                    3023

       1   billing records and customer service for each phone, and I

       2   maintain the file with all the information having to do with

       3   minutes ordered for each phone.

       4   Q   For how long have you been a commissioning specialist for

       5   O'Gara Satellite Networks?

       6   A   Since November 1995.

       7   Q   You mentioned that O'Gara sells satellite telephones.  Can

       8   you tell us a little bit about what a satellite telephone is.

       9   A   A satellite telephone is a phone that can be used in

      10   remote areas, particularly where there are no other means of

      11   communication, desolate areas, disaster type areas.  It is

      12   unlike a cell phone in that it uses the satellite to transmit

      13   calls.

      14   Q   Are you familiar with a satellite model called a Compact

      15   M?

      16   A   Yes.

      17   Q   Can you tell us whether or not O'Gara sells Compact M

      18   telephones?

      19   A   Yes, we do.

      20   Q   Ms. Morelli, I am going to approach with what has been

      21   marked for identification as Government's Exhibit 595 and I am

      22   going to ask that you take a look at it.

      23   A   This is a picture of the Compact M telephone.

      24   Q   How big is a Compact M telephone?

      25   A   It is about the size of a laptop computer.

                                                                    3024

       1   Q   To operate a Compact M satellite telephone, what does the

       2   user have to do?

       3   A   You need to dial -- well, there is an access telecard that

       4   comes with the phone, and you need to be able to power up the

       5   phone and start the card.  But you need to know a 3-digit

       6   prefix for the satellite earth station that you want to go

       7   through.  So you would have to know where the phone is and you

       8   would have to dial the 3-digit prefix and the Inmarsat mobile.

       9   Q   You mentioned something about an access telecard?

      10   A   Yes.

      11   Q   Can you tell us what that is.

      12   A   You need to use the access telecard to make -- sort of

      13   like a key for the ignition part.  The phone won't work

      14   without it.  You need to aim the phone at the satellite, start

      15   up the card, you need to know the prefix number of the earth

      16   region, and then you can dial the 3-digit prefix and the IMN

      17   number, which is the voice number of the phone.

      18   Q   Miss Morelli, I am going to approach with what has been

      19   marked for identification as Government's Exhibit 590.

      20   A   That is a sample of an access telecard used in the Compact

      21   M.

      22   Q   Can one card be used in many different phones?

      23   A   No, not in these particular phones.

      24            MR. KARAS:  Your Honor, at this time we offer

      25   Government's Exhibits 590 and 596, the previous exhibit that

                                                                    3025

       1   was shown the witness.

       2            THE COURT:  590 and 596?

       3            MR. KARAS:  Yes, your Honor.

       4            THE WITNESS:  595.

       5            MR. KARAS:  I apologize.

       6            THE COURT:  595 and 596 are received.

       7            (Government's Exhibits 595 and 596 received in

       8   evidence)

       9   Q   If somebody wants to purchase a satellite Compact M phone

      10   from O'Gara, how would they go about doing that?

      11   A   We have distributors and dealers.  They could contact them

      12   or go to the office direct, go on a Web site.  They would

      13   speak with the salesperson, who would provide sort of like a

      14   purchase order.  All phones are prepaid and we would set up

      15   commission arguments.

      16   Q   Who is responsible for setting up the phone that the

      17   salesperson might sell?

      18   A   I am.

      19   Q   When you commission a phone, what numbers are assigned to

      20   the Compact M that is sold?

      21   A   There is an Inmarsat serial number.  There is a

      22   manufacturer terminal serial number.  And then there is an

      23   access telecard number that is associated strictly with that

      24   phone, with that Inmarsat serial number.

      25   Q   Is there also an IMN number?

                                                                    3026

       1   A   Yes.  IMN number is similar to the phone number of the

       2   phone.  There can be a voice number, a fax number, and a data

       3   number.

       4   Q   Can the satellite phone, the Compact M, receive phone

       5   calls as well?

       6   A   Yes.

       7   Q   What would have to happen for the satellite phone to

       8   receive calls?

       9   A   The phone itself would have to be powered up and aimed at

      10   the satellite, in whatever area of the country or the world it

      11   might be.  The person calling the phone would have to know the

      12   3-digit prefix for that ocean region plus the IMN number, the

      13   voice number of the phone.

      14   Q   You mentioned ocean region.  Can you tell the jury what an

      15   ocean region is.

      16   A   There are four ocean regions:  The Atlantic Ocean region

      17   east, west, the Pacific Ocean region, and the Indian Ocean

      18   region.  Each ocean region covers a different part of the

      19   world.

      20   Q   What is it that is covering that part of the world?

      21   A   There is a satellite that covers that particular region

      22   that the phone has to be aimed at.

      23   Q   I am going to approach with what has been marked for

      24   identification as Exhibit 597 and ask that you take a look at

      25   it.  Can you tell us what that exhibit is?

                                                                    3027

       1   A   This is basically what I was just talking about.  This

       2   shows the four different ocean regions and the satellites and

       3   the areas of the world that would be covered by that

       4   satellite.

       5   Q   Is that a map that shows those regions?

       6   A   It is a map, yes.

       7            MR. KARAS:  Your Honor, at this time we offer 597.

       8            THE COURT:  Received.

       9            (Government's Exhibit 597 received in evidence)

      10            MR. KARAS:  Your Honor, we will display 597 on the

      11   overhead.  If I could also, your Honor, publish 590 and 595 to

      12   the jury.

      13            THE COURT:  Yes.

      14   Q   You mentioned that there is a 3-digit prefix for each

      15   ocean region.  If somebody had a satellite phone here in New

      16   York City and somebody outside of New York City wanted to call

      17   it, what 3-digit prefix would they use?

      18   A   We would be in the Atlantic Ocean west, actually west or

      19   east in New York City, depending where you got a clearer

      20   signal, and the prefix would be 871 for Atlantic Ocean region

      21   east and 874 for west.

      22   Q   Can you tell us what the 3-digit prefix is for the Indian

      23   Ocean region.

      24   A   That is 873.

      25   Q   Would that include Afghanistan?

                                                                    3028

       1   A   Yes, it would.

       2   Q   Ms. Morelli, are you familiar with a transaction involving

       3   a Compact M satellite telephone that was purchased by Ziyad

       4   Khaleel?

       5   A   Yes.

       6   Q   Did you commission the phone that was sold to Mr. Khaleel?

       7   A   Yes, I did.

       8   Q   Ms. Morelli, I am going to approach with what has been

       9   premarked for identification as Government's Exhibit 592 and

      10   ask that you take a look at it.

      11            Did you have an opportunity to review those documents

      12   before you came to court today?

      13   A   Yes, I did.

      14   Q   Can you tell us generally speaking what they are?

      15   A   There is a telecard registration that we ask all our

      16   customers to fill out, with terms and agreements of our

      17   pricing and what LES they should go through for billing

      18   purposes.

      19   Q   Can I stop you there.  Just generally tell us what subject

      20   area or what those documents collectively involve.

      21   A   This is everything to do with processing the order from

      22   the time it came into house.  This is the purchase order by

      23   the salesperson, indicating that he spoke to Mr. Khaleel and

      24   that Mr. Khaleel was interested in purchasing a phone with a

      25   quote and a price.  There are also instructions from him to

                                                                    3029

       1   bill two separate credit cards.  Then we have an in-house

       2   document which is like a sales order, distributed to everyone

       3   involved in processing the order out of the house.  We also

       4   have the first initiating transaction.  This is where the card

       5   and the terminal are sort of married together so that they can

       6   work properly.  And then finally we have the agreement with

       7   Mr. Khaleel on payment and use of the phone.

       8   Q   Can you tell us whether or not those documents

       9   collectively relate to the purchase of the Compact M satellite

      10   phone --

      11   A   Entirely.  This is basically everything having to do with

      12   the purchase of the phone and shipping it out the door.  We

      13   even have a packing slip.  I keep these documents for every

      14   phone that I commission.

      15   Q   Are those documents that are made roughly at the time the

      16   transaction takes place?

      17   A   Yes.

      18   Q   Are they made as part of the regular practice of O'Gara's

      19   satellite business?

      20   A   Yes.

      21            MR. KARAS:  Your Honor, at this time we offer

      22   Government's Exhibit 592.

      23            THE COURT:  Received.

      24            (Government's Exhibit 592 received in evidence)

      25            MR. KARAS:  If we could display 592-1.  If we could

                                                                    3030

       1   focus at the top part where the numbers are -- right below

       2   where it says Inmarsat lines.

       3   Q   You mentioned earlier about how each phone is assigned

       4   different numbers.  Can you tell us what access telecard

       5   number this particular phone was assigned?

       6   A   000705.

       7   Q   And the terminal number that is assigned by the

       8   manufacturer, do you see that there?

       9   A   That is over on the right.  That is 605, 000230.

      10   Q   6015 --

      11   A   I am sorry, 000230.

      12   Q   Do you see where it says IMN voice?

      13   A   That is the Inmarsat mobile number to make voice calls.

      14   Q   Would that be the number that somebody would call if they

      15   wanted to reach somebody on the satellite phone?

      16   A   Yes, it would be that number and then the 3-digit prefix

      17   for the satellite region.

      18   Q   Can you tell us what the voice IMN is for this particular

      19   phone?

      20   A   682505331.

      21   Q   If we could display 592-2, please.  Can you tell us what

      22   that document is.

      23   A   That's a fax from Mr. Khaleel to one of our salespeople,

      24   ordering the phone and instructing him what items he wanted to

      25   purchase and how he wanted us to bill him on two separate

                                                                    3031

       1   credit cards.

       2   Q   Two different credit cards?

       3   A   Right.

       4   Q   Do you see your handwriting anywhere on that document?

       5   A   Yes.  I wrote a note on the bottom asking Mr. Khaleel to

       6   sign the above authorization for the $7,500.

       7   Q   You had mentioned earlier that the phone is prepaid.  Can

       8   you tell us what you mean by that?

       9   A   Before we shipped the phone we received payment for the

      10   phone and also the minutes, and every time he would need to

      11   order minutes after that he would have to prepay for them and

      12   I would issue a voucher number so he could upload the

      13   additional minutes on the phone.

      14   Q   Are you personally involved in the issuance of additional

      15   minutes that are purchased for the phones?

      16   A   Yes, I am.

      17   Q   Can you tell us whether or not you recall speaking with or

      18   receiving communications from Mr. Khaleel in connection with

      19   this particular phone?

      20   A   Yes, I spoke to him several times.

      21   Q   Ms. Morelli, I am going to approach with what has been

      22   marked for identification as Government's Exhibit 593 and ask

      23   that you take a look at it.  Did you have a chance to review

      24   those documents before you came to court today?

      25   A   Yes.

                                                                    3032

       1   Q   Can you tell us generally what those documents involve?

       2   A   These are a series of minute orders that were requested by

       3   Mr. Khaleel, and also copies of the voucher numbers that he

       4   had to install in the phone after the minute orders were

       5   processed.  Copies of faxes, my correspondence to him.  Also,

       6   there were several phone orders that I was able to place

       7   because I had his credit cards on file.

       8   Q   Were those placed at or about the time of the transactions

       9   involved?

      10   A   Yes.

      11   Q   Were they created as part of the normal business of O'Gara

      12   Satellite?

      13   A   Absolutely.

      14   Q   Did you maintain those records as part of the business?

      15   A   Yes.

      16            MR. KARAS:  Your Honor, at this time we offer Exhibit

      17   593.

      18            THE COURT:  Received.

      19            (Government's Exhibit 593 received in evidence)

      20   Q   If we could display 593-2.  Ms. Morelli, could you tell us

      21   what that document is.

      22   A   That's a fax from Mr. Khaleel requesting me to process an

      23   order for him for 200 minutes plus a fax option card, and also

      24   an authorization to charge his credit card for the order.

      25   Q   If we could display 593-3.  If you could tell us what that

                                                                    3033

       1   document is.

       2   A   These were my instructions to him and the voucher numbers

       3   to install the minutes, and just my fax cover sheet after I

       4   processed the order.

       5   Q   What does the voucher number do?

       6   A   It's an 11-digit number that is generated at the

       7   manufacturing facility and it has to be keyed into the hand

       8   set of the phone, and it will update the terminal with the

       9   amount of minutes that have been paid for.

      10   Q   If we could display 593-4.  If you could tell us what that

      11   document is.

      12   A   That's an add minutes transaction order that has been

      13   processed, and on the bottom it says the voucher number is

      14   there, the 11-digit voucher number, and the instructions

      15   explain to the customer exactly how to do it by pressing star

      16   6 on the phone.

      17   Q   Can you tell from that document how many minutes were

      18   purchased?

      19   A   Yes, there were 400 minutes purchased.  On the right it

      20   says number of minutes 400, on the third box over.

      21   Q   If we could display 593-7, please.  Can you tell us what

      22   that document is.

      23   A   That's a pro forma invoice.  Mr. Khaleel ordered some

      24   accessories for the compact battery and power supply, and that

      25   was sent to him by the gentleman that handles sales of

                                                                    3034

       1   accessories, and again, he has authorized us to charge his

       2   credit card.

       3   Q   Do you see the top there where it says ship to?

       4   A   Yes.

       5   Q   Can you read that name there?  It may be highlighted.

       6   What name that says there?

       7   A   Tariq Hamdi.

       8   Q   If we could display 593-8.  Can you tell us what that

       9   document is?

      10   A   This is an order for 400 minutes additional air time on

      11   that terminal.

      12            (Continued on next page)

      13

      14

      15

      16

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    3035

       1   Q   And down at the bottom do you see where it reads please

       2   try to finish this before noon?

       3   A   Yeah.

       4   Q   Can you tell us whether or not there were occasions that

       5   Mr. Kalil made rush orders for these minutes?

       6   A   Yes, he generally was hoping to have the minutes as soon

       7   as possible.  As a matter of fact on the bottom you can see he

       8   used this fax twice, one in April of '98 and again July of

       9   '98.  He just crossed out the date.

      10   Q   Ms. Morelli, I'm going to approach with what has been

      11   premarked for identification as exhibit 594 and ask you to

      12   take a look at it.

      13            Can you tell us what exhibit 594 is.

      14   A   That's a report that I generate from my database all of

      15   our terminals and it shows the details are the minutes

      16   purchased totally for this phone.  This was printed in March

      17   of '99 and it shows all of the call records, the dates the

      18   call was made, the calling number and in this case it was the

      19   set number of that terminal and the total number of minutes.

      20   We supplied these to our customers on a regular basis when

      21   they want to review their usage.

      22            MR. KARAS:  Your Honor, at this time we offer exhibit

      23   594.

      24            THE COURT:  Received.

      25            (Government's Exhibit 594 received in evidence)

                                                                    3036

       1   Q   Now if we can display the first page, please, of 594.  At

       2   the top this is a printout as of March 1999?

       3   A   Yes.

       4   Q   And in the middle there it says minutes purchase.  Can you

       5   just tell us what that summarizes?

       6   A   Those are the dates and the number of minutes that he

       7   ordered minutes, starting on 10/31/96 through 7/30/98.

       8   Q   Have you compared the information that's contained there

       9   with the voucher documents that you looked at earlier exhibit

      10   593?

      11   A   Yes, there is a voucher number for each one of those

      12   adding minutes.

      13   Q   Now, below that where it says minutes used, can you tell

      14   us what kind of data is underneath that section?

      15   A   Well, it's a call date, time of the call, calling number,

      16   which is the time they hang up the phone and the number called

      17   and the length of the call.

      18   Q   Where it says call time, what time zone is that?

      19   A   It's Greenwich meantime.

      20   Q   And the calling number is that the IMN number that's

      21   assigned to this particular phone?

      22   A   Yes, that's the voice IMN number.

      23   Q   Now, you had mentioned earlier that the to call this

      24   number 682505331.  You would have to know the prefix, the

      25   ocean region prefix?

                                                                    3037

       1   A   That's correct.

       2   Q   If somebody wanted to call that number and they were in

       3   the Indian Ocean prefix what would be the numbers that would

       4   be dialed after the 011 code?

       5   A   Indian Ocean they would dial 873, and then 682505331.

       6            MR. KARAS:  May I approach, your Honor?

       7            THE COURT:  Yes.

       8   Q   Now, Ms. Morelli, I placed before you on the floor there

       9   what has been premark for identification as exhibit 598.  Can

      10   you read the numbers that are on that board there?

      11   A   873682505331.

      12   Q   Is that the number someone were to call if this exact M

      13   were in the Indian Ocean region?

      14   A   Yes.

      15            MR. KARAS:  Your Honor, we offer 598.

      16            THE COURT:  What is 598?  Received.

      17            (Government's Exhibit 598 received in evidence)

      18            MR. KARAS:  No further questions.

      19   CROSS-EXAMINATION

      20   BY MR. DRATEL:

      21   Q   Good afternoon.

      22   A   Good afternoon.

      23   Q   With respect to the prefix number 873 in the Indian Ocean

      24   region that covers a number of countries, correct?

      25   A   That's correct.

                                                                    3038

       1   Q   And you have 597 in front of you, the map?

       2   A   The map?

       3   Q   Yes.

       4   A   Do I have it in front of me?  No.

       5   Q   The area covered by prefix 873 would be everything within

       6   the black line; is that correct?

       7   A   In the blue, I think it's blue, yes.

       8   Q   It's not the yellow or the red though, correct?

       9   A   Well, part of it you can use the yellow you see how it

      10   overlaps.

      11   Q   But what I'm saying is the Indian Ocean zone is the blue

      12   line, correct?

      13   A   Yes.

      14   Q   And 873 wouldn't tell you exactly which country within

      15   that zone was being called, correct?

      16   A   No, it would just tell you the region.

      17   Q   With respect to Government's 594, the minutes used list,

      18   where it says calling number, that's the satellite phone

      19   itself, correct?

      20   A   Yes.

      21   Q   And that doesn't tell you from which prefix the phone was

      22   calling, correct?

      23   A   From which prefix the phone was calling from?

      24   Q   Yes?

      25   A   No, it doesn't.

                                                                    3039

       1   Q   It doesn't tell you that.  And even if it was 873 you

       2   still wouldn't know which country it was coming from, only

       3   that it was coming from within that large Indian Ocean area

       4   encompassed within that blue circle, correct?

       5   A   That's correct.

       6            MR. DRATEL:  Nothing further, your Honor.

       7            THE COURT:  Thank you, ma'am.  You may step down.

       8            MR. SCHMIDT:  We have a stipulation, your Honor.  It

       9   is hereby stipulated and agreed by and between the United

      10   States of America by Mary Jo White, the United States Attorney

      11   for the Southern District of New York, Patrick J.  Fitzgerald

      12   Kenneth Karas and Paul W.  Butler, Assistant United States

      13   Attorneys, of counsel, and the defendants by and with the

      14   consent of the attorneys as follows:

      15            Government Exhibit numbers 647A, 647C, 647E, 647E

      16   published and read just prior to Steven Ernst taking the stand

      17   was seized at the office of Mercy International relief agency

      18   on the first floor office designated J, desk designated number

      19   2.

      20            Government Exhibit 651 published and read just prior

      21   to Agent Ernst taking the stand was seized at the office of

      22   Mercy International relief agency on the second floor in room

      23   designated J.

      24            Exhibits with a Bates number beginning with 1B117

      25   seized at the office of Mercy International relief agency on

                                                                    3040

       1   the second floor in the area designated G, the exhibits with

       2   Bates numbers beginning with 1B92 received at the office of

       3   Mercy International relief on second floor in the room

       4   designated J, exhibits with Bates numbers beginning with 1B94

       5   received at the office of Mercy International relief agency on

       6   the second floor of the room designated D.

       7            It is further stipulated and agreed that this

       8   stipulation may be received in evidence as Defendant's Exhibit

       9   WEH8-F at trial.

      10            THE COURT:  So stipulated and received.

      11            MR. SCHMIDT:  If I may clarify.  1B117 is the room

      12   designated J if I misspoke I apologize.

      13            THE COURT:  What's the next order of business?

      14            MR. FITZGERALD:  Your Honor, at this time the

      15   government would read Government Exhibit 217P a brief

      16   transcript of a call from the wiretap previously received in

      17   evidence, and we were going to read two calls at this time.

      18            THE COURT:  Let's do that after the midafternoon

      19   break.

      20            (Recess)

      21            (In open court; jury not present)

      22            THE COURT:  I have spoken to Juror No. 647.  He says

      23   he is well enough to continue and I also --

      24            MR. RUHNKE:  We can't hear you, your Honor.

      25            THE COURT:  I have spoken to the juror with respect

                                                                    3041

       1   to tardiness and cautioned him that if he is not punctual I

       2   will have to act.

       3            I also received a long letter from him which I'll

       4   mark Court Exhibit I of today's date, which has to do with his

       5   complaints with respect to the Marshals and his gastronomical

       6   problems, which was because he took the side order of somebody

       7   else, "which is something I shouldn't have eaten, potato and

       8   bacon, which I don't know if you eat pork, your Honor, it

       9   don't agree with me at all."

      10            Anybody wants to see it, may see it, and we'll see

      11   how it goes.  Are we ready to bring the jury back?

      12            MR. FITZGERALD:  Yes.

      13            (Continued on next page)

      14

      15

      16

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    3042

       1            (Jury present)

       2            MR. GARCIA:  Your Honor, before we proceed to the

       3   material Mr. Fitzgerald described if we can just put on the

       4   display for comparison purposes Government Exhibit 361-3 that

       5   I just displayed while Agent Ernst was testifying, the

       6   passport taken during the Ali Mohamed search, and what was

       7   previously admitted as Government Exhibit 4, page 5.

       8            If we can enlarge the photo on Government Exhibit

       9   361.  Thank you.

      10            MR. FITZGERALD:  At this time the government would

      11   read into the record two transcripts from the wiretap

      12   previously received in evidence.

      13            (Government Exhibit 217EB read)

      14            MR. FITZGERALD:  Your Honor, before we go to the next

      15   conversation I'd like to display on the Elmo the overhead

      16   projector one page from Government Exhibit 621C received in

      17   evidence earlier today during the testimony of Agent Barry

      18   Bush and display page 1B93 slash 7N-113.  If we can enlarge

      19   the phone call April 20th.

      20            The number listed on the bill, to the left is

      21   682505331 and our display for comparison purposes, Government

      22   Exhibit 598 is the number 873682505331.

      23            Then before we play the next, read the next

      24   conversation I'd like to put the exhibit 598 up for display.

      25   That's the number 873682505331.

                                                                    3043

       1            (Government Exhibit 218A read)

       2            (Continued on next page)

       3

       4

       5

       6

       7

       8

       9

      10

      11

      12

      13

      14

      15

      16

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    3044

       1            MR. FITZGERALD:  Your Honor, the government calls at

       2   this time Special Agent Robert Miranda.

       3    ROBERT MIRANDA,

       4        called as a witness by the government,

       5        having been duly sworn, testified as follows:

       6   DIRECT EXAMINATION

       7   BY MR. FITZGERALD:

       8   Q   Sir, could you tell the jury what you do for a living.

       9   A   I am a special agent with the FBI in the Dallas division.

      10   Q   For how long have you been a special agent?

      11   A   Since January of '98.

      12   Q   In what field office were you assigned in January 1998?

      13   A   The Dallas division.

      14   Q   Let me direct your attention to a specific date, August 20

      15   of 1998.  Were you given an assignment that day?

      16   A   Yes, I was.

      17   Q   Did you go to interview someone?

      18   A   Yes, I did.

      19   Q   Who did you set about to interview that day?

      20   A   I set about to interview April Ray.

      21   Q   Who did you understand April Ray to be?

      22   A   The wife of Wadih El Hage.

      23   Q   Did you go to her home?

      24   A   Yes, I did.

      25   Q   Who did you go with?

                                                                    3045

       1   A   I went with Agent Vicky Marwood from the Dallas division

       2   and I was introduced by Special Agent Dan Coleman from the New

       3   York division.

       4   Q   About what time of day did you go by the home of Ms. Ray

       5   and Mr. El Hage?

       6   A   It was about 2:15 p.m.

       7   Q   Did there come a time when Mr. El Hage came home?

       8   A   Yes, he did, approximately 3:00.

       9   Q   What happened when Mr. El Hage arrived home?

      10   A   He and his wife had a short conversation, and she left to

      11   go pick up some children from school, and he remained.

      12   Q   Did you have a conversation with Mr. El Hage at that time?

      13   A   Yes, I did.

      14   Q   For about how long did you speak?

      15   A   Approximately an hour.

      16   Q   What happened after that hour?

      17   A   After that hour, he said that he had to go back to work,

      18   that he would like to talk to us again in the future about

      19   Islam, but he also agreed to meet with us later on that

      20   evening for an additional interview.

      21   Q   Just so the record is clear, where, approximately, was the

      22   El Hage home located?

      23   A   It was in Causley Street, in Arlington, Texas.

      24   Q   You mentioned that Mr. El Hage agreed to meet with you

      25   later that evening.  Did he do so?

                                                                    3046

       1   A   Yes, he did.

       2   Q   Where did you meet Mr. El Hage later that evening?

       3   A   At the FBI office in the third floor, which is the

       4   special-agent-in-charge conference room.

       5   Q   Approximately what time did that meeting begin?

       6   A   Approximately 8:00.

       7   Q   What time did it end?

       8   A   Approximately 10 p.m.

       9   Q   Was Mr. El Hage under arrest at any time that evening?

      10   A   No, he was told that he was not under arrest and that he

      11   was free to go at any time.

      12   Q   During the conversations with Mr. El Hage, both for the

      13   hour at his home and the two hours at his office, did he talk

      14   to you about his relationship with Usama Bin Laden?

      15   A   Yes, he did.

      16   Q   What did he tell you?

      17   A   He said that Usama Bin Laden, he knew Usama Bin Laden

      18   personally from the time that he worked for him in the Sudan

      19   from approximately 1992 to 1994, and that when he left work

      20   from Usama Bin Laden's business in the Sudan, he left on very

      21   good terms.

      22   Q   Did he indicate to you why it was that he was asked to

      23   work for Usama Bin Laden?

      24   A   Yes.  He said that because he had an American passport,

      25   Usama Bin Laden wanted him to work for him because he could

                                                                    3047

       1   travel more freely and buy things for Bin Laden.

       2   Q   During your conversation, did Mr. El Hage talk about a

       3   person by the name of Abu Hafs, H-A-F-S?

       4   A   Yes, he did.

       5   Q   What did he tell you about Abu Hafs?

       6   A   El Hage said that Abu Hafs was one of the close assistants

       7   of Usama Bin Laden, that they had known each other -- that

       8   Usama Bin Laden and Abu Hafs had known each other since

       9   Pakistan in 1983, that Abu Hafs went by the name Abu Hafs al

      10   Khabir, or also the commander, and that he was one of the

      11   leaders who along with Usama Bin Laden and another individual

      12   by the name of Abu Ubaidah were the only individuals in Bin

      13   Laden's group who openly identified themselves as belonging to

      14   Bin Laden's group.

      15   Q   Did Mr. El Hage indicate where he knew Mr. Abu Ubaidah

      16   from?

      17   A   Yes, he said that he knew Mr. Abu Ubaidah from the Sudan.

      18   Q   Did Mr. El Hage indicate whether or not he knew anyone

      19   else associated with Bin Laden from Kenya?

      20   A   Mr. Bin Laden said that he did not know anybody in Kenya

      21   associated with Mr. Bin Laden.

      22   Q   Let me stop you there.  You said Mr. Bin Laden.

      23   A   I am sorry, Mr. El Hage.

      24   Q   What did Mr. El Hage say?

      25   A   Mr. El Hage said that he did not know anybody in Kenya

                                                                    3048

       1   associated with Mr. Bin Laden.

       2   Q   During this conversation, did you talk with Mr. El Hage

       3   about a person named Harun?

       4   A   I am sorry.  Can you repeat that.

       5   Q   Did you discuss a person by the name of Harun?

       6   A   Yes.  He described Harun as an individual that resided

       7   with him at his Nairobi address.  He said Harun was his

       8   employee at Help Africa People, that Harun originally was from

       9   the Comoros and had been employed with the nongovernmental

      10   relief organization known as Help Africa People.  When he was

      11   let go from Help Africa People his previous employer, an

      12   individual by the name of Ahmed Sheikh Adam, or Ahmed Tawhil,

      13   told Mr. El Hage that Harun was good at getting information in

      14   Somalia.

      15   Q   Let me stop you there and warn you, you almost talk as

      16   fast as I do, so slow down a little bit.  Ahmed, spelled as

      17   Ahmed, Tawhil, T-A-W-H-I-L.

      18            Just so we are clear, who did Mr. El Hage say Harun

      19   worked for first, Mr. El Hage or Mr. Tawhil?

      20   A   He worked first for Mr. Sheikh Adam or Ahmed Tawhil.

      21   Q   Did he indicate which organization Mr. Tawhil was

      22   associated with that Harun worked for?

      23   A   Yes, he said it was Mercy International.

      24   Q   When the time came that Harun stopped working for Mercy

      25   International, did Mr. El Hage indicate who Harun worked for

                                                                    3049

       1   next?

       2   A   Yes.  Then he went to work for Wadih El Hage at Help

       3   Africa People.

       4   Q   Did Mr. El Hage indicate whether or not he knew if Harun

       5   knew Usama Bin Laden?

       6   A   He said he did not know if Harun worked or knew Mr. Usama

       7   Bin Laden.

       8   Q   Did Mr. El Hage indicate any assignments of projects or

       9   missions he had given Harun when Harun worked for him?

      10   A   He mentioned two.  He said that he used to send Harun down

      11   to Somalia to get information on the relief effort, and he

      12   also mentioned that Harun went to the site of a ferryboat

      13   accident to look for an Egyptian by the name of Habib.

      14   Q   We will come back to the travel to the site of the

      15   ferryboat accident.

      16            Did Mr. El Hage indicate whether or not people who

      17   worked for Usama Bin Laden in the past knew each other?

      18   A   Yes.  He said that people who worked for Usama Bin Laden

      19   knew when others who had worked for him were around but that

      20   they were a very secretive group, a very tight group, but they

      21   liked to get together.

      22   Q   Did Mr. El Hage indicate whether or not he knew any

      23   persons who worked for Usama Bin Laden who were presently or

      24   in the past in Kenya?

      25   A   He said he did not.

                                                                    3050

       1   Q   What about Tanzania?

       2   A   The same with Tanzania.  He said he did not.

       3   Q   Did he indicate, did Mr. El Hage indicate whether or not

       4   he knew of any people who knew Usama Bin Laden who were in the

       5   United States?

       6   A   Again, he said he did not know anybody.

       7   Q   Did Mr. El Hage indicate whether or not people who were

       8   part of Usama Bin Laden's group would admit that they were a

       9   member of his group?

      10   A   No.  He said on two occasions, both at his residence and

      11   later on that night at the FBI office, that only the leaders

      12   would identify themselves, that being Usama Bin Laden, Abu

      13   Ubaidah and Abu Hafs.

      14   Q   Did Mr. El Hage indicate whether or not he knew whether

      15   there was any secret business going on with Usama Bin Laden?

      16   A   Yes.  He mentioned that while in the Sudan he saw a ledger

      17   where money was taken out in the name of Bin Laden, and he

      18   inferred from that that there were secret meetings going on,

      19   but he did not provide any further detail about how he

      20   inferred that or about the nature of the secret meetings.

      21   Q   You mentioned before that he had indicated that Harun was

      22   sent to the scene of a ferry accident to look for a man named

      23   Habib.  Did Mr. El Hage indicate whether or not he knew

      24   Mr. Habib by any other name?

      25   A   He did not say that he knew.

                                                                    3051

       1   Q   Did he indicate where Habib lived or any other identifying

       2   information about him?

       3   A   Yes.  He said that he lived in Holland and that he had a

       4   Netherlands passport.

       5   Q   Did Mr. El Hage indicate where he first met Mr. Habib and

       6   when?

       7   A   Yes, Nairobi, 1994.

       8   Q   Did he indicate whether or not Habib was the same person

       9   as Abu Ubaidah?

      10   A   He said that Habib was not the same person as Abu Ubaidah

      11   or Abu Ubaidah al Banshiri.

      12   Q   During the course of the interviews, did you discuss a

      13   person --

      14            THE COURT:  How much longer?

      15            MR. FITZGERALD:  Probably between 5 to 10 minutes.

      16            THE COURT:  Can we finish?  All right?

      17   Q   During the time that you interviewed Mr. El Hage, did you

      18   discuss a person by the name of Mohamed Sadeek Odeh?

      19   A   Yes, we did.

      20   Q   Did you ask him whether he knew that person?

      21   A   Yes.  El Hage said that he did not personally know Odeh

      22   but he had heard about his arrest and that he was apparently a

      23   Palestinian who was arrested with a Yemeni passport with

      24   somebody else's photograph, and he snickered when he gave me

      25   the answer.

                                                                    3052

       1   Q   Did there come a time that day when you showed Mr. El Hage

       2   any pictures?

       3   A   Yes.  During the interview in the FBI office, he was shown

       4   two photographs without any explanation, without identifying

       5   data on the photographs of Odeh.  He said he did not recognize

       6   the individual in the photographs.

       7   Q   Let me show you for purposes of identification only at

       8   this time Government's Exhibits 126A and 126B.  Looking at

       9   126A, do you recognize what that is?

      10   A   Yes, I do.

      11   Q   What is that?

      12   A   That is Mr. Odeh.

      13   Q   Is that one of the pictures of Odeh that you showed to

      14   Mr. El Hage?

      15   A   Yes, it is.

      16   Q   Showing you 126B, I ask you if you recognize that picture?

      17   A   Yes.  That's Mr. Odeh.

      18   Q   Is that the other picture you showed to Mr. El Hage on

      19   August 20, 1998?

      20   A   Yes, it is.

      21            MR. FITZGERALD:  Your Honor, I would offer

      22   Government's Exhibits 126A and B.

      23            THE COURT:  Received.

      24            (Government's Exhibits 126A and 126B received in

      25   evidence)

                                                                    3053

       1            MR. FITZGERALD:  If I could display them, first 126A

       2   to the jury, and secondly Government's Exhibit 126B to the

       3   jury.

       4   Q   Again, what did Mr. El Hage tell you about whether or not

       5   he recognized the person in that picture?

       6   A   He said he did not recognize the person in the

       7   photographs.

       8   Q   During your interviews with Mr. El Hage, did Mr. El Hage

       9   indicate to you whether or not he had contact with Usama Bin

      10   Laden since the time that Mr. El Hage left the Sudan in 1994?

      11   A   Yes.  He said that Usama Bin Laden called him on several

      12   occasions and that he also would call Usama Bin Laden at his

      13   business in the Sudan.

      14   Q   Did he indicate whether or not he stayed in phone contact

      15   with Usama Bin Laden after Usama Bin Laden left the Sudan?

      16   A   No.  He said he did not have any further contact after

      17   Usama Bin Laden left the Sudan.

      18   Q   Did Mr. El Hage indicate to you when was the last time he

      19   saw Usama Bin Laden in person?

      20   A   Yes, that was in the Sudan in 1994.

      21   Q   Did Mr. El Hage indicate whether or not he had had any

      22   telephone contact with a person by the name of Abu Hafs?

      23   A   Yes.  He said, first he said Usama Bin Laden used to pass,

      24   or have Abu Hafs call him for business reasons, but then a

      25   couple minutes later he modified that and said that Abu Hafs

                                                                    3054

       1   was always with Usama Bin Laden when the telephone call was

       2   made, and he gave an example of an occasion where Usama Bin

       3   Laden called him, El Hage, and Abu Hafs was heard to be in the

       4   background saying hi, Wadih, just talking in the background.

       5   Q   Did El Hage indicate whether or not he had been in

       6   telephone contact with either Abu Hafs or Bin Laden once Bin

       7   Laden left Sudan for Afghanistan?

       8   A   He said he had not been.

       9   Q   Did you discuss with Mr. El Hage the reasons why El Hage

      10   and his family had left Kenya the year before?

      11   A   Yes.  He said that following an FBI Kenyan search of his

      12   home that he thought he was going to be continually harassed,

      13   so he decided that he was going to leave Kenya.  He said that

      14   originally he wanted to go back to Pakistan and reenter a

      15   gemstone business where he was going to acquire some gemstones

      16   from the Taliban government, but apparently that took longer

      17   than he expected.  So he then decided that he would return to

      18   Arlington, Texas.

      19   Q   Did Mr. El Hage indicate whether or not he felt threatened

      20   by anyone at the time of your interview in August of 1998?

      21   A   He said he did not feel threatened by anybody.  He thought

      22   that it was possible that his return to the US could be

      23   misinterpreted, but he did not think that either Usama Bin

      24   Laden, Abu Ubaidah or Abu Hafs would believe any such rumors

      25   or misinterpret the reasons for his return to the United

                                                                    3055

       1   States.

       2   Q   Did El Hage indicate whether or not he feared any

       3   governments?

       4   A   Yes.  He said he was afraid of the Pakistani government,

       5   the Egyptian government, and the Kenyan government.

       6   Q   During your interview, did Mr. El Hage indicate whether or

       7   not he had made any telephonic contact with anyone in Kenya in

       8   the recent past, meaning the recent past predating the

       9   interview?

      10   A   Yes.  He said approximately a month prior to the date of

      11   that August interview, that he had made a phone call to Ahmed

      12   Sheikh Adam, or Sheikh Tawhil -- I am sorry -- Ahmed Tawhil.

      13   Q   Did he indicate why he had called this person named Ahmed

      14   Tawhil?

      15   A   Yes, he said it was for business reasons primarily, to

      16   discuss tires and old cars but because also of their

      17   friendship.

      18   Q   During this interview in August 1998, did you discuss with

      19   Mr. El Hage the bombings of the embassies in Africa that had

      20   occurred earlier that month?

      21   A   Yes, I did.

      22   Q   What did he say?

      23   A   He said that he didn't know anything about who was

      24   responsible for the bombings, nor did he ever hear any talk

      25   about it while he resided in Kenya.  He also said that he did

                                                                    3056

       1   not believe Usama Bin Laden was responsible because Usama Bin

       2   Laden was a humanitarian and that -- he also said that with

       3   the number of people killed that the area around the embassy

       4   was congested and that Bin Laden would have had the ability to

       5   gather the intelligence to determine that that area was going

       6   to be congested with people.

       7   Q   Did Mr. El Hage indicate to you whether or not if Mr. Bin

       8   Laden had done it he would have been right in doing the

       9   bombings?

      10   A   He agreed with the statement that I made that if Bin Laden

      11   had done this, that it was not right to attack innocent

      12   people.

      13   Q   Did you ask him at any time during the interview how he

      14   could go about at that time contacting Usama Bin Laden?

      15   A   Yes, I did.  I said based on your personal relationship

      16   with Mr. Bin Laden, how would you reestablish contact?  Is

      17   there a telephone number or a person that you could contact,

      18   and he said he did not know.

      19   Q   Did he indicate to you how he would go about trying to

      20   make, reestablish contact with Usama Bin Laden?

      21   A   Yes.  He said that he would fly to Pakistan, where he

      22   would go to the Taliban embassy and explain to them who he is,

      23   and then the Taliban would send people out and find somebody

      24   to establish contact for him.

      25   Q   During the interview, did you ask Mr. El Hage why it was

                                                                    3057

       1   that Bin Laden hated Americans?

       2   A   Yes.  His answer was, he said that any true believing

       3   Muslim, it was the duty of any true believing Muslim to drive

       4   out the US from the Saudi peninsula because the Koran had

       5   reserved the Saudi peninsula only for Muslims.  He also said

       6   that the US government unfairly supported Israel, and by that

       7   he described his statement by saying that the US was quick to

       8   come to the aid of Israel if something happened to it but that

       9   if Israel did something illegal that the US was slow to act.

      10            And then he also said that Israel was expanding to

      11   take control of the entire Middle East.  And finally in

      12   response to that questioning, he said that many people wanted

      13   to make the world live according to the Koran, but that they

      14   don't have the resources, but Bin Laden has the resources to

      15   make the world live according to the Koran.

      16            During that answer, he often switched between using

      17   he for Bin Laden and we when describing the hatred to the US

      18   and the west.

      19            (Continued on next page)

      20

      21

      22

      23

      24

      25

                                                                    3058

       1            MR. FITZGERALD:  Thank you.  I have nothing further.

       2            THE COURT:  Any examination of this witness?

       3            MR. SCHMIDT:  Yes, your Honor.

       4            THE COURT:  Do you want to do it now or do you want

       5   to do it tomorrow morning?

       6            MR. SCHMIDT:  Tomorrow.

       7            THE COURT:  Very well.  We are not sitting tomorrow

       8   and on Thursday an hour later.  Check with the marshals as to

       9   the exact time but it will be an hour later than usual.  Enjoy

      10   your day off and good luck to those of you who need good luck

      11   tomorrow, and we will see you on Thursday.  Thank you.  Stay

      12   well.

      13            (Jury excused)

      14            THE COURT:  Mr. Cohn, you requested a conference.

      15   Are other counsel, other defendants involved in this?

      16            MR. COHN:  No, but counsel is welcome if they want to

      17   come.

      18            THE COURT:  Is this something we can deal with in

      19   open court or in the robing room?

      20            MR. COHN:  In the robing room would be better.

      21            THE COURT:  Very well.  I will see Mr. Cohn and the

      22   reporter and the government and anyone else who wishes to be

      23   there in the robing room.  Mr. Cohn, what about your client?

      24   Presence not required, very well.  Then the defendants can

      25   return.

                                                                    3065

       1            (Pages 3059-3064 sealed)

       2            (Proceedings adjourned until 11:00 a.m., Thursday,

       3   March 22, 2001)

       4

       5

       6

       7

       8

       9

      10

      11

      12

      13

      14

      15

      16

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    3066

       1

       2                        INDEX OF EXAMINATION

       3   Witness                    D      X      RD     RX

       4   MARGO HITPAS............2940

       5   DANIEL GORMAN...........2948   2955

       6   BARRY LEE BUSH..........2956   2968

       7   MICHAEL J. ERNST........2989

       8   MARILYN MORELLI.........3022   3037

       9   ROBERT MIRANDA..........3044

      10                        GOVERNMENT EXHIBITS

      11   Exhibit No.                                     Received

      12    74 and 578A through 578G ...................2931

      13    1067 .......................................2931

      14    52 .........................................2933

      15    68 and 1450 ................................2934

      16    69, 1451 and 1451-T ........................2935

      17    71, 1000, 1001, 1002, 1002-T and 1003 ......2936

      18    57 and 1106 ................................2937

      19    59 and 1459 ................................2939

      20    1459A through 1459E ........................2942

      21    155, 451A, 451B and 452B ...................2944

      22    156, 364A, 365A, 364B and 365B .............2946

      23    940 and 942 ................................2951

      24    65 .........................................2961

      25    657A .......................................2961

                                                                    3067

       1    657B .......................................2962

       2    154 and items referenced ...................2967

       3    150, 357T, 358, 359T, 361T, 357, 358,

       4   359, 361, 367, 350, 350A, 351, 351A, 353,

       5   353A, 354, 355A, 356 and 356A............... 2996

       6   s 595 and 596 ...............................3025

       7    597 ........................................3027

       8    592 ........................................3029

       9    593 ........................................3032

      10    594 ........................................3035

      11    598.........................................3037

      12    126A and 126B ..............................3052

      13                         DEFENDANT EXHIBITS

      14   Exhibit No.                                     Received

      15    WEH-X-E1 ...................................2970

      16    WEH-X-E-2 ..................................2971

      17    WEH-X-E-5 ..................................2972

      18    WEHX-E6 ....................................2973

      19    WEHX-E-7 ...................................2973

      20    WEH-X-E-8 ..................................2974

      21    WEHX-E-23 ..................................2975

      22    WEHX-14 ....................................2975

      23    WEH-X-E-15 .................................2976

      24    WEH-X-E-9 ..................................2977

      25    WEH-X-E-10 .................................2977

                                                                    3068

       1    WEH-X-E-11 .................................2978

       2    WEHXB-12 ...................................2978

       3    WEH-X-E-13 .................................2978

       4    WEH-X-E-16 .................................2979

       5    WEH-X-E-17 .................................2979

       6    WEH-X-E-18 .................................2981

       7    WEH-X-E-19 .................................2981

       8    WEH-X-E-20 .................................2982

       9    WEH-X-E-21 .................................2982

      10    WEH-X-E-24 .................................2983

      11    WEH-X-E-25 .................................2984

      12    WEH-X-E-26 .................................2985

      13    WEH-X-E-27 .................................2985

      14    WEH-X-E-22 .................................3002

      15

      16

      17

      18

      19

      20

      21

      22

      23

      24

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