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

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

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

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

       3   UNITED STATES OF AMERICA

       4              v.                           S(7) 98 Cr. 1023

       5   USAMA BIN LADEN, et al.,

       6                  Defendants.

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

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

      13                       HON. LEONARD B. SAND,

      14                                           District Judge

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       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

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       1            (Deliberations resumed)

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

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

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

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

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

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

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

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

      10   items until tomorrow."

      11            Any problem providing any of these?

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

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

      14   provide.

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

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

      17   with the expert.

      18            THE COURT:  V?

      19            MR. SCHMIDT:  V.

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

      21   Maybe a little earlier, maybe 10:30.

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

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

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

      25            (Court's Exhibit I duly marked)

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

       2   in Exhibit 310?

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

       4   We should be able to know very shortly.

       5            Your Honor, our records upstairs did not have the

       6   original 310, so we did send it in.

       7            THE COURT:  That is GX310-74A.

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

       9   translation as well, 74A-T.

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

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

      12   tomorrow morning.  Our records reflect that Government's

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

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

      15            I am handed a note which tells me that arrangements

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

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

      18   tomorrow.

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

      20   will adjourn.

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

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

      23            THE COURT:  Each time, no.

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

      25   dismissed.  Could you reinforce that from time to time

                                                                    6260

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

       2   the court wants to do it.

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

       4   note?  I will add it to that note.

       5            MR. COHN:  Just as an extra precaution.

       6            THE COURT:  You want me to reinforce my instruction

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

       8            MR. HERMAN:  Withdrawn.

       9            MR. COHN:  This case, Judge.

      10            THE COURT:  Please adhere to my previous

      11   instructions.

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

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

      14   previous instructions to avoid reading, listening to or

      15   watching anything concerning this case or related matters."

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

      17   until --

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

      19   exhibits?  At 10 or earlier?

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

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

      22   start.

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

      24   are we waiting --

      25            THE COURT:  We are awaiting because between now and

                                                                    6261

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

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

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

       4   actually left.

       5            (Recess)

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

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