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

This is the transcript of Day 23 of the trial, 27 March 2001.

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

                                                                    3386

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

       3   UNITED STATES OF AMERICA

       4              v.                           S(7)98CR1023

       5   USAMA BIN LADEN, et al.,

       6                  Defendants.

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

       8
                                                   New York, N.Y.
       9                                           March 27, 2001
                                                   9:30 a.m.
      10

      11

      12   Before:

      13                       HON. LEONARD B. SAND,

      14                                           District Judge

      15

      16

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    3387

       1                            APPEARANCES

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

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

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

      17

      18            (In open court; jury not present)

      19            THE COURT:  Good morning.  We set 9:30.  There were

      20   some relevance question.

      21            MR. KARAS:  We don't know the details.

      22            THE COURT:  You still don't know?  Let me know when

      23   Mr. Schmidt and Mr. Dratel arrive.

      24            MR. KARAS:  Yes, Judge.

      25            (Recess)

                                                                    3397

       1            (Pages 3388 through 3396 sealed)

       2            (In open court; jury present)

       3            THE COURT:  Good morning.  Mr. Williams, you're still

       4   under oath.

       5            THE WITNESS:  Yes, sir.

       6            MR. KARAS:  May I proceed, your Honor?

       7            THE COURT:  Yes, please.

       8    PAUL WILLIAMS, resumed.

       9   DIRECT EXAMINATION

      10   BY MR. KARAS:

      11   Q.  Detective Constable Williams, we left off yesterday and

      12   you were reviewing what had been marked for identification as

      13   Government Exhibit 1502-ID, and I'm going to approach with you

      14   that as well as 1502 through 1514, 1515 A and B, 1516, through

      15   1525, 1526A and B and 1527, and ask you to take a look at

      16   them.

      17   A.  Yes, sir.

      18   Q.  1502-ID I believe you told us yesterday what that was.

      19   Could you just refresh our memory, please?

      20   A.  Yes, sir.  It's two blue folders containing miscellaneous

      21   papers.

      22   Q.  And where were those blue folders seized from?

      23   A.  At the rear boot, the trunk of motor vehicle in London.

      24   Q.  In whose motor vehicle?

      25   A.  Eidarous.

                                                                    3398

       1   Q.  Mr. Eidarous?

       2   A.  Yes.

       3   Q.  And with respect to the other exhibits that are in the

       4   folder that I listed earlier, can you tell us whether or not

       5   you reviewed those before you came to court today?

       6   A.  Yes, I did, sir.

       7   Q.  And can you tell us where those were pulled from?

       8   A.  They were pulled from 1502-ID, the blue folders.

       9            MR. KARAS:  At this time we offer 1502, 1503, 1504,

      10   1505, 1506, 1507, 1508, 1509, 1510, 1511, 1512, 1513, 1514,

      11   1515A, 1515B, 1516, 1517, 1518, 1519, 1520.  There is no 1521.

      12   1522, 1523, 1524, 1525, 1526A and B, and 1527.

      13            THE COURT:  Received.

      14            (Government's Exhibits 1502, 1503, 1504, 1505, 1506,

      15   1507, 1508, 1509, 1510, 1511, 1512, 1513, 1514, 1515A, 1515B,

      16   1516, 1517, 1518, 1519, 1520, 1522, 1523, 1524, 1525, 1526A

      17   and B, and 1527 received in evidence)

      18            MR. KARAS:  If we could display please, exhibit 1502.

      19   Q.  Sir, for the record if you could just read the handwriting

      20   at the top there of 1502 on the screen as it appears to your

      21   left?

      22   A.  It appears to be the name Mr. Noor.

      23   Q.  N-O-O-R?

      24   A.  Yes, sir.

      25            MR. KARAS:  Now, if we could display exhibit 1508,

                                                                    3399

       1   please.  If we could turn that exhibit upside down.  If we

       2   could focus on the writing at the very top.

       3            For the record, sir, if you can just read that at the

       4   top there what that reads?

       5   A.  Sure.  It says from Hafiz Ghulam Shabbir and I'll spell

       6   the is your name if I may, M-S-Q-U --

       7            MR. COHN:  I'm sorry, but there is some technical

       8   problem that is insurmountable with the interpreters and we're

       9   waiting for Mr. Blum to show up.

      10            THE COURT:  A technical problem.

      11            MR. COHN:  There is no sound?  I'm sorry, sir.

      12            THE COURT:  Is somebody working on it now?

      13            MR. COHN:  I gather Mr. Blum is on his way, but until

      14   he shows up there is no interpreting.

      15            THE COURT:  We're waiting for him to come and you

      16   might find it more relaxing to wait in the jury room.  He's on

      17   the way.  All right.

      18            (Continued on next page)

      19            (At the sidebar)

      20            MR. COHN:  I know that your Honor has had problems

      21   with the security aspect of this in the past, but rather than

      22   delay would the Court consider having Mr. Cadouni next to

      23   Mr. Al-'Owhali until the repair is done?

      24            THE COURT:  No.

      25            MR. COHN:  I just thought that would be a practical

                                                                    3400

       1   way to solved it.

       2            THE COURT:  Thank you.

       3            (Continued on next page)

       4

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       9

      10

      11

      12

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      25

                                                                    3401

       1            (In open court)

       2            THE COURT:  The jury may return to the jury room

       3   where you'll be more comfortable.

       4            (Recess)

       5            (In open court; jury not present; witness resumed)

       6            MR. KARAS:  Your Honor, while we're waiting for the

       7   jury, I think all counsel are here, one of the exhibits we're

       8   going to display is a listing of the calling codes for

       9   countries and time zones.  It's a chart we provided to defense

      10   counsel.  We would offer that as Government Exhibit 98 and I

      11   understand there is no objection.

      12            MR. COHN:  There is none.

      13            THE COURT:  You're offering it now.

      14            MR. KARAS:  Yes, Judge.

      15            THE COURT:  Exhibit 98 received by consent of the

      16   parties.

      17            (Government's Exhibit 98 received in evidence)

      18            (Jury present)

      19            THE COURT:  Mr. Karas, you may continue.

      20            MR. KARAS:  Thank you, your Honor.

      21   Q.  Det. Constable, I believe you were reading the heading of

      22   header of that document or the footer as it were?

      23   A.  Yes, sir.

      24   Q.  I think you left off with the surname?

      25   A.  I'll spell it if I may, M-S-Q, U-R-A-N-A-L, phone number

                                                                    3402

       1   international number.  I'll start the numbers 533453689.  The

       2   date July 3, 1998 at 6:33 p.m., P1.

       3            MR. KARAS:  If we could display that document on the

       4   left side of the screen and on the right side if we could call

       5   up Government Exhibit 98.

       6   Q.  Sir, do you see the document on the screen on the right

       7   there, Government Exhibit 98?

       8   A.  Yes, sir.

       9   Q.  If we could focus in on the first couple of rose there.

      10   Do you see an entry for Albania?

      11   A.  Yes, sir.

      12   Q.  Below the column there if says IBT international dial

      13   code.  If you read the numbers that are listed there?

      14   A.  355.

      15   BY MR. KARAS:

      16   Q.  If we could display again in the left side of the screen

      17   the entire document.

      18            On the left side -- I'm sorry -- of the screen if we

      19   could display 1508, on the right side if we could display

      20   1509.

      21   Q.  Sir, can you tell us what if any difference there is

      22   between 12508 and 12509?

      23   A.  Yes, sir, the difference is the fax header is missing.

      24   Q.  From which document?

      25   A.  1509.

                                                                    3403

       1   Q.  If we could actually turn 1509 upside down.

       2            Is there anything else on 12509, any other markings

       3   on 12509 that you do not see on 12508?

       4   A.  Yes, sir.

       5   Q.  What would that be?

       6   A.  The top left-hand corner there is a mark, a striation

       7   mark.

       8   Q.  Can you tell us what a striation mark is?

       9   A.  Basically it's a mark that's peculiar to that particular

      10   piece of paper and the copying of it.

      11   Q.  If we could pull up on the left side of the screen 1510,

      12   please, and on the right side, 1511.

      13            Now, for the record, sir, can you tell us whether or

      14   not by looking at these documents that these appear to be

      15   copies of the same document?

      16   A.  Yes, sir.

      17   Q.  And for the record if you could tell us which of 1510 or

      18   11 is the original?

      19   A.  1511.

      20   Q.  Can you tell us what differences there are between 1510

      21   and 11.

      22   A.  1510 is missing the fax header which clearly shows on

      23   1511.

      24   Q.  Is there anything on 1510 that is not on 1511?

      25   A.  Yes, in the top left-hand corner there is the striation

                                                                    3404

       1   mark again.

       2   Q.  If we could focus in on the header on 1511, please.

       3   Actually, if we could just pull that document up by itself on

       4   the screen.

       5            If you could read the top line of that fax header,

       6   sir?

       7   A.  Yes.  It says to phone number 00441819600574.  Date is

       8   June 15, 1998 at 847 a.m., P3.

       9   Q.  The number there 0044, do you know what country code that

      10   belongs to?

      11   A.  UK.

      12   Q.  The digits 181, do you know what that signifies?

      13   A.  London.

      14   Q.  The second line if you could read that, please?

      15   A.  Sure.  It's from, and the initial letters 2L and then the

      16   names HA-A-M-I-N Islamic foundation.

      17   Q.  Across to the right the phone number?

      18   A.  003554234637.

      19   Q.  Now, if we would display on the screen exhibit 1515A.

      20            Do you have 1515A the original in your hand there,

      21   sir?

      22   A.  Yes, I do.

      23   Q.  Can you tell us what, if anything, is at the top of that

      24   document?

      25   A.  Yes, the top of the page has been ripped off with a an

                                                                    3405

       1   irregular pattern.

       2   Q.  If we could put 1515A on the left side of the screen,

       3   please, and if we could display 1515B on the right side of the

       4   screen.

       5            Looking at 1515B, are there any striation marks on

       6   1515B?

       7   A.  Yes, sir, there is.

       8   Q.  Where is the striation mark?

       9   A.  In this particular case it's at the bottom right-hand

      10   side.  I don't think it's clearly shown on the computer screen

      11   there.

      12   Q.  But the document you have in your hand?

      13   A.  Yes, sir.

      14   Q.  If we could display 1517 on the whole screen, please.

      15            If we could put that on the left side of the screen,

      16   and display 1518.

      17            First, sir, by looking at the document can you tell

      18   whether or not one appears to be the copy of another?

      19   A.  It does, sir, yes.

      20   Q.  For the record which one is the original and which is the

      21   copy?

      22   A.  The original is 1518 and the copy is 1517.

      23   Q.  And can you tell us whether or not 1518 has a line for fax

      24   communication, a fax header?

      25   A.  Yes, sir, it does.

                                                                    3406

       1   Q.  Does 1517 have that same line?

       2   A.  No, it does not.

       3   Q.  Is there anything on 15157 that is not on 1518?

       4   A.  Yes, sir, it's striation mark, in this case the bottom

       5   right-hand corner.

       6   Q.  If we could just display 1518 on the screen, please.  If

       7   we could rotate it.  If we could focus on the fax line there.

       8            Sir, if you could read what that fax line size for

       9   the record please?

      10   A.  Sure it's from Kandahr telecommunication, AFG.  Phone

      11   number 837655 to the right May 20, 1998, 0635 p.m., P01.

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

      13            MR. SCHMIDT:  Just a few questions.

      14            THE COURT:  Mr. Schmidt on behalf of El Hage.

      15   CROSS-EXAMINATION

      16   BY MR. SCHMIDT:

      17   Q.  Do you prefer being called Mr. Williams or Det. Williams?

      18   A.  Det. Williams.

      19   Q.  Det. Williams, were there any photographs taken of the

      20   Waldo Road location?

      21   A.  I'm sorry, sir, could you repeat that?

      22   Q.  Were there any photographs taken of the Waldo Road

      23   location that you searched prior to being searched?

      24   A.  Yes, sir.

      25   Q.  Were there photographs taken of the vehicle that was

                                                                    3407

       1   searched that was near the Waldo Road location prior to it

       2   being searched?

       3   A.  Yes, sir.

       4   Q.  Do you know where those photographs are?

       5   A.  I have no idea, sir.  They were, I don't think they're

       6   here today.  I'm not too sure.

       7            MR. SCHMIDT:  May I have a moment, your Honor?

       8            (Pause)

       9   Q.  Det. Williams, you prepared an exhibit book during the

      10   time that you were searching the location, is that correct?

      11   A.  Yes, sir.

      12   Q.  In the exhibit book you -- withdrawn.  You also prepared

      13   another document or a statement that listed all of the

      14   locations as well?

      15   A.  I'm sorry, sir, I don't understand.

      16   Q.  Let me show you what's been marked 3590-1.  What

      17   document --

      18   A.  That's a statement.

      19   Q.  In the statement it also includes a description of the

      20   items seized and the location found; is that correct?

      21   A.  That's right, yes, sir.

      22   Q.  Is the information in the statement taken from your

      23   exhibit book?

      24   A.  Yes, sir.

      25   Q.  So the first thing though that you would complete would be

                                                                    3408

       1   the exhibit books at the scene of the searches; is that

       2   correct?

       3   A.  Yes, sir.

       4   Q.  Now, you seized items in a blue Nissan; is that correct?

       5   A.  Yes, sir.

       6   Q.  And you indicated exactly where the items that you seized

       7   were located, is that right?

       8   A.  Yes, sir.

       9   Q.  Do you have a copy of your exhibit book in front of you?

      10   A.  No, sir.

      11            (Pause)

      12   Q.  Why don't you look at what has been marked 3590-4.

      13   A.  I'm sorry, sir, which number do you say there?

      14   Q.  Excuse me?  3590-4.  If I misspoke, I apologize.

      15   A.  Yes.

      16   Q.  You marked the exhibit reference numbers, is that when you

      17   filled out each page, is that right?

      18   A.  That's right, yes, sir.

      19   Q.  That's to distinguish between the items found in different

      20   locations, is that right?

      21   A.  Yes, sir.

      22   Q.  Now, for example, on item PJW slash 201, miscellaneous

      23   papers and Cascio organizer?

      24   A.  Yes, sir.

      25   Q.  Where was that found?

                                                                    3409

       1   A.  As indicated on the form it was found inside a central

       2   console to the rear of hand brake.

       3   Q.  So there were more than -- there were other things found

       4   in the central console and to distinguish them you put, you

       5   indicated there was the lower rear of the hand brake?  How did

       6   you indicate it where it was found?

       7   A.  In English vehicles the hand brake's in the middle, you

       8   drive on the right, so the hand brake's in the middle.  It's

       9   where the plastic of the manufactured spaces behind the hand

      10   brake and that's where the articles were found.

      11   Q.  Something rear of hand brake, is that correct?

      12   A.  Hand brake's, I'm trying to, hand brake's in the middle of

      13   the vehicle.  So you would, on an English car you would apply

      14   with your left hand.

      15   Q.  I understand that.  But you indicated where the papers

      16   were found was the inside central console?

      17   A.  Yes, there's a space.

      18   Q.  And you have, there's a word that says like LO, is that

      19   what that says, something rear of hand brakes?

      20   A.  To rear.

      21   Q.  Now, I ask you, you indicated you found a letter, look at

      22   PJW203 it looks like.  That was found also in a console right?

      23   A.  Yes, sir.

      24   Q.  Where was that found?

      25   A.  To the front of the hand brake.

                                                                    3410

       1   Q.  So you distinguish, is that the same console?

       2   A.  Yes, sir, it is the plastic mold, just the manufacturer

       3   has it that way.

       4   Q.  But you separated those exhibits because they were found

       5   in two different areas of the same console?

       6   A.  Yes, sir.

       7   Q.  So these, they would not be confused --

       8   A.  Sorry?

       9   Q.  You would know exactly where each item was if you were

      10   called on to explain where you found them.  Is that correct?

      11   A.  Yes, sir.

      12   Q.  You did that the same thing inside of the house; is that

      13   correct?

      14   A.  Yes, sir.

      15   Q.  When something was found in a particular drawer you marked

      16   which drawer it was found?

      17   A.  Yes, sir.

      18   Q.  If something was found on a particular shelf you noted

      19   exactly what room, what shelf and what location?

      20   A.  Yes, sir.

      21   Q.  Now, again, did you take the photographs or the police

      22   photographer?

      23   A.  Police photographer took them.

      24   Q.  Did they take the photographs prior to the search?

      25   A.  Yes, sir.

                                                                    3411

       1   Q.  And they took photographs after the search?

       2   A.  Not in this case, no.

       3   Q.  Why did they take photographs prior to the search?

       4   A.  It's to give the first impression of what the vehicle and

       5   the dwelling looks like prior to the police coming in.  It's

       6   as simple as that.

       7   Q.  So you can see where everything is prior to the police

       8   taking things away and searching?

       9   A.  Yes, sir.

      10            MR. SCHMIDT:  I have no further questions.

      11            MR. RICCO:  I have a few questions, your Honor.

      12   CROSS-EXAMINATION

      13   BY MR. RICCO:

      14   Q.  Good morning Det. Williams?

      15   A.  Good morning to you.

      16   Q.  During the search that took place you kept contemporaneous

      17   notes of events that were going on.  Isn't that right?

      18   A.  That's correct, yes, sir.

      19   Q.  And the reason why you keep your notes contemporaneous is

      20   so that they can accurately reflect what is happening as those

      21   things are unfolding, isn't that correct?

      22   A.  That's correct, yes, sir.

      23   Q.  Now, you don't wait until ten days later, do you, to write

      24   your notes, do you?

      25   A.  No, sir.

                                                                    3412

       1   Q.  Okay.  And these notes that you take write down the events

       2   that are happening almost every ten minutes, isn't that right?

       3   A.  I recall them as adds when I can, immediately.  I don't

       4   wait ten minutes.

       5   Q.  Because with the passage of time things change and you

       6   forget to put it down, isn't that right?

       7   A.  No, sir.

       8   Q.  You don't want to forget to put something down that's

       9   important, isn't that correct?

      10   A.  Yes, sir.

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

      12   very much, your Honor.

      13            THE COURT:  Any further questions?

      14            MR. KARAS:  Brief redirect, your Honor.

      15   REDIRECT EXAMINATION

      16   BY MR. KARAS:

      17   Q.  Det. Williams, prior to the search beginning was there any

      18   security sweep that was made of the premises?

      19   A.  Yes, sir.

      20   Q.  And was there a determination as to whether or not there

      21   was any security threat to you and your colleague?

      22   A.  Yes, sir.

      23   Q.  And was there a threat after the sweep had been done?

      24   A.  No, sir.

      25   Q.  And how many colleagues did you have with you during the

                                                                    3413

       1   search of both the residence and the car?

       2   A.  Had two colleagues.  I did the sweep myself.

       3   Q.  And did you have any interpreters with you during the

       4   search?

       5   A.  Yes, sir.  Yes, I did, sir yes, sir.

       6   Q.  And how long did the search take of the premises?

       7   A.  Two days.

       8   Q.  Finally, the exhibits that you testified to that were on

       9   the screen --

      10   A.  Yes, sir.

      11   Q.  -- where exactly were those found?

      12   A.  Some exhibits --

      13   Q.  The ones that were on the screen 1508, 1509, 1510?

      14   A.  Found in the car.

      15   Q.  Were they found together?

      16   A.  Yes, sir.

      17            MR. KARAS:  No further questions.

      18            THE COURT:  Very well.  Thank you, Detective.  You

      19   may step down.

      20            (Witness excused)

      21            The government may proceed with the next order of

      22   business.

      23            MR. KARAS:  Yes, your Honor.  The government calls

      24   Detective Constable David May.

      25            (Continued on next page)

                                                                    3414

       1    DAVID FREDERICK MAY,

       2        called as a witness by the government,

       3        having been duly sworn, testified as follows:

       4            DEPUTY CLERK:  Please state your full name.

       5            THE WITNESS:  I'm Detective Constable David Frederick

       6   May, Wiltshire Constabulary.

       7            DEPUTY CLERK:  Your last name, spell your last name.

       8            THE WITNESS:  M-A-Y.

       9   DIRECT EXAMINATION

      10   BY MR. KARAS:

      11   Q.  Good morning, Detective.

      12   A.  Good morning.

      13   Q.  Can you tell us where you are currently assigned?

      14   A.  I'm currently assigned to the headquarters crime

      15   operations unit in Wiltshire.

      16   Q.  And is that in the London area?

      17   A.  No, that's in my home force in Wiltshire.

      18   Q.  And what was your assignment on or about September 23 of

      19   1998?

      20   A.  On that date, I have an ancillary role to work as a member

      21   of SO13 Antiterrorist Unit and I was assigned on that day as

      22   an exhibits officer.

      23   Q.  And as an exhibits officer that day, did you conduct a

      24   search of a residence and a vehicle?

      25   A.  That's correct.

                                                                    3415

       1   Q.  Can you tell us the location that you searched that day?

       2   A.  Yes, that was 63 Severn House.  That's at London West 10.

       3            MR. KARAS:  May I approach the witness, your Honor?

       4            THE COURT:  Yes.

       5   Q.  Detective, I'm showing you what's been marked into

       6   evidence as Exhibit 1608, and I'm wondering if you could tell

       7   us which number arrow reflects where 63 Severn House is.

       8   A.  Yes.  I'm looking at the map and I'm pointing to number 3,

       9   and that's 63 Severn House.

      10   Q.  Thank you.

      11            Whose residence did you search that day?

      12   A.  Mr. Adel Abdel Bary.

      13   Q.  Can you describe what the premises looked like, please?

      14   A.  Yes, indeed.  It was a fifth floor two-story flat serviced

      15   by a lift and a stairway.  I in fact searched both floors,

      16   numbering the ground floor rooms 1 to 7 and the second story

      17   is room 7 through 14.

      18            The ground floor, there was a bathroom, storage

      19   space, and in effect a spare room and a main bedroom.  There

      20   was a stairway leading to the second floor, where there was a

      21   further bedroom, balcony, a small bedroom, kitchen and a

      22   toilet.

      23   Q.  And can you tell us what this search was part of?

      24   A.  Yes.  It was actually part of a United Kingdom terrorist

      25   investigation, and as I said, I was the exhibits officer for

                                                                    3416

       1   that particular property and I needed to recover exhibits from

       2   within.

       3   Q.  Detective, I'm going to approach with what have been

       4   marked for identification as Exhibits 1540-I.D. and 1540.

       5            First if you could tell us what 1540-I.D. is.

       6   A.  Yes, it's a plastic tamper-evident bag containing a

       7   quantity of documents, actually.

       8   Q.  And where was, where were those documents found?

       9   A.  Those were found at 63 Severn House.

      10   Q.  How do you recognize that bag with those documents?

      11   A.  Quite plainly.  It's got my initials, the number 33 in the

      12   top left-hand corner, that is my handwriting, and my signature

      13   is on the right-hand side.

      14   Q.  And with respect to 1540?

      15   A.  1540 is in fact we class as a split from that item, and

      16   it's four pieces of paper contained in a plastic wallet and

      17   what appears to be Arabic writing.

      18   Q.  When you say "from that item," you're referring to

      19   1540-I.D. to 1540 is split from?

      20   A.  That's correct.

      21            MR. KARAS:  Your Honor, at this time we offer Exhibit

      22   1540.

      23            THE COURT:  Received.

      24            (Government Exhibit 1540 received in evidence)

      25            MR. KARAS:  If we could display 1540, please.

                                                                    3417

       1   Q.  Detective, I'm going to approach with what have been

       2   marked for identification as Exhibits 1541-I.D. and 1541.

       3            Beginning with 1541-I.D., could you tell us what that

       4   is, please.

       5   A.  Yes, 1541-I.D. is in fact again a plastic tamper-evident

       6   bag which is quantities of documentation again from the

       7   property of 63 Severn House.

       8   Q.  And do you recognize that bag?

       9   A.  Yes, I recognize this bag.

      10   Q.  How do you recognize it?

      11   A.  This in fact is a split from a 20-drawer filing cabinet

      12   which originally was marked as DFM36.  This was split by

      13   Detective Constable Neil Fratwell, and it's been marked as

      14   NF1000 accordingly and signed by him.

      15   Q.  And 1541, what is that?

      16   A.  That is in fact a direct split from that exhibit.

      17            MR. KARAS:  Your Honor, at this time we offer Exhibit

      18   1541.

      19            THE COURT:  Received.

      20            (Government Exhibit 1541 received in evidence)

      21            MR. KARAS:  And if we could display 1541, and if we

      22   could just focus on the sender and the receiver section.

      23   Q.  Detective, first of all, could you describe what 1541 is,

      24   what type of document it is?

      25   A.  Yes.  This is in fact a T&T Worldwide Express receipt.

                                                                    3418

       1   Q.  And if you could read who the sender is on the receipt.

       2   A.  The sender is Tarik from Tarana in Albania.

       3   Q.  And for the record, T-A-R-I-K.

       4            And the recipient?

       5   A.  The recipient is marked as Mr. Adel, spelled A-D-E-L, 63,

       6   it's -- the next spelling is S-E-V-E-R-N.  That's supposed to

       7   be Severn House, 17 Damlin Street, London, United Kingdom.

       8   Q.  Is that the location that you searched in September 1998?

       9   A.  That's correct.

      10   Q.  And if you could read the phone number of the receiver.

      11   A.  That's as follows:  1819642549.

      12   Q.  Finally, Detective, I'm going to approach with what have

      13   been marked for identification as Exhibits 1542-I.D. and 1542.

      14            If you could tell us what those exhibits are and how

      15   you recognize them.

      16   A.  Yes.  1542-I.D. is in fact a tamper-evident bag with a

      17   quantity of documentation seized from 63 Severn House, and

      18   1542 I.D. is a direct split from that exhibit.

      19   Q.  Just so we're clear, the first item you referred to is

      20   marked as 1542-I.D.?

      21   A.  That's correct.

      22   Q.  And the second item there is marked as?

      23   A.  1542 I.D.

      24   Q.  Okay.

      25            MR. KARAS:  May I approach the witness, your Honor?

                                                                    3419

       1            THE COURT:  Yes.

       2   Q.  The handwriting that's on the second exhibit, if you could

       3   just read the handwriting, please.

       4   A.  The handwriting is 1542.

       5            MR. KARAS:  At this time, your Honor, we offer 1542.

       6            THE COURT:  Received.

       7            (Government Exhibit 1542 received in evidence)

       8            MR. KARAS:  And if we could display 1542, please.

       9            No further questions, your Honor.

      10            THE COURT:  Anything?

      11            MR. DRATEL:  Yes, your Honor.

      12            THE COURT:  Mr. Dratel.

      13   CROSS-EXAMINATION

      14   BY MR. DRATEL:

      15   Q.  Good morning, Detective May.

      16   A.  Good morning.

      17   Q.  When you searched Severn House, you had the assistance of

      18   an Arabic-speaking person with you?

      19   A.  Yes, that's correct.

      20   Q.  And there was quite a lot of documentary material to go

      21   through; is that correct?

      22   A.  Yes, there was a huge raft of documentation.

      23   Q.  And you had instructions as to what type of material you

      24   should be seizing?

      25   A.  I was looking for any relevant documentation in Arabic,

                                                                    3420

       1   that sort of thing, yes.

       2   Q.  Wasn't it for documents of a political or organizational

       3   quality?

       4   A.  Can you repeat that question?

       5   Q.  Sure.  Weren't you looking for Arabic documents of a

       6   political or organizational quality?

       7   A.  There was no specific.

       8   Q.  Didn't you testify previously in a proceeding that you

       9   attempted to seize all those documents in Arabic which had a

      10   political or organizational quality?

      11   A.  We weren't just looking for political documentation.  It

      12   was --

      13   Q.  Did you give that testimony previously?

      14   A.  I gave the testimony that I searched the property for a

      15   quantity of documentation, yes.

      16   Q.  Did you also say, "We attempted to seize all those in

      17   Arabic which had a political or organizational quality"?

      18   A.  I can't recall.

      19            MR. DRATEL:  May I approach the witness, your Honor?

      20   Q.  I show you what has been marked as 3588-5, and ask you to

      21   look at the first page and then if you could read the

      22   highlighted portion.

      23   A.  You want me to read --

      24   Q.  No, not read.  Read the highlighted portion to yourself.

      25   A.  Yes, sir.

                                                                    3421

       1            (Pause)

       2   A.  Yes.

       3   Q.  And do you recall now whether you gave testimony

       4   previously that you attempted to seize documents of a

       5   political or organizational quality?

       6   A.  Yes, that's correct, by looking at that.

       7   Q.  Did you give that testimony under oath?

       8   A.  Yes, I did.

       9   Q.  When you prepare your evidence book, in several instances

      10   when something is seized from particular part of either a file

      11   drawer or a shelf, in some instances you actually do a sketch

      12   of the either closet or shelf or file drawer that you have

      13   seized it from, correct?

      14   A.  In some instances, that's correct.

      15   Q.  Also, you actually put a star or an asterisk in the spot

      16   within that shelf or drawer that you have actually seized the

      17   documents from, correct?

      18   A.  Not in all circumstances, but to assist in identification

      19   sometimes that's correct, yes.

      20   Q.  And when you want to specify exactly where it's from so

      21   you know exactly where something was seized from, correct?

      22   A.  Yes, in certain circumstances.

      23   Q.  And when you list a location from which you seized, you

      24   actually do an inventory of those specific documents that were

      25   seized from that specific location together?

                                                                    3422

       1   A.  Yes.

       2   Q.  So that all the documents that are seized from one place

       3   are listed together that they were seized from a specific

       4   location?

       5   A.  You wouldn't necessarily list all documentation.  You

       6   might say a quantity of correspondence and not detail anything

       7   until a later stage.

       8   Q.  But sometimes you do provide the detail in your evidence

       9   book, correct?

      10   A.  Sometimes, yes.

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

      12            THE COURT:  Anything further of this witness?

      13            MR. KARAS:  No, your honor.

      14            THE COURT:  Thank you, Detective Constable.  You may

      15   step down.

      16            (Witness excused)

      17            MR. KARAS:  Your Honor, the government calls

      18   Detective Sergeant Stephen Gregory.

      19    STEPHEN CHARLES GREGORY,

      20        called as a witness by the government,

      21        having been duly sworn, testified as follows:

      22            DEPUTY CLERK:  Please state your full name.

      23            THE WITNESS:  My full name is Stephen Charles

      24   Gregory.  Gregory is spelled G-R-E-G-O-R-Y.

      25            DEPUTY CLERK:  Stephen with a P?

                                                                    3423

       1            THE WITNESS:  With a P-H, yes.

       2   DIRECT EXAMINATION

       3   BY MR. KARAS:

       4   Q.  Good morning, Detective Sergeant.

       5   A.  Good morning.

       6   Q.  Can you tell us your current assignment.

       7   A.  Yes.  My current assignment is that of the equivalent of a

       8   police precinct which would be in this country involved in

       9   criminal investigation.

      10   Q.  If you could just make sure you speak into the microphone

      11   and speak loudly and clearly.

      12   A.  Of course.

      13   Q.  Thank you.

      14            Can you tell us what assignment you had on September

      15   23, 1998?

      16   A.  Yes.  In September the 23rd, 1998, my assignment was to

      17   act as an exhibits officer.  At that time I was a member of

      18   the antiterrorist branch.

      19   Q.  And did you participate in a search that day?

      20   A.  I did.

      21   Q.  And what location did you search?

      22   A.  The premises I searched were located at Lancefield

      23   Studios, which was 1a Beethoven Street, which is London, the

      24   Zip Code -- post code, as we call it -- West 10.

      25            MR. KARAS:  Your Honor, may I approach?

                                                                    3424

       1            THE COURT:  Yes.

       2   Q.  Detective Sergeant, I'm showing you what has been marked

       3   into evidence as Exhibit 1608, and I'm wondering if you could

       4   point out the number of arrow that reflects where Lancefield

       5   Studios, Beethoven Street is?

       6   A.  Yes, if one looks at the map, arrow number 7 indicates the

       7   premises I searched on September 1998.

       8   Q.  Thank you.  Can you tell us what type of premises

       9   Lancefield Studios was?

      10   A.  Yes.  It was an office premises situated on the first

      11   floor, or you would call it second floor here, and it consists

      12   of two rooms.

      13   Q.  What was the room number or unit number of the particular

      14   studio you searched?

      15   A.  It was unit 1A.

      16   Q.  And --

      17   A.  I beg your pardon, Unit 5.  The address is 1A Beethoven

      18   Street, Unit 5.

      19   Q.  Who were among the people you understood to use that

      20   office?

      21   A.  I believe my knowledge was a number of people used in

      22   connect with that office.  The principal person I understood

      23   was Mr. Adel Bary.

      24   Q.  You mentioned that you were the exhibits officer.  What

      25   did that require you to do during the search?

                                                                    3425

       1   A.  That required me to undertake a detailed, systematic,

       2   methodical search of these premises, office premises, and

       3   during the course of that search identify and seize and

       4   retrieve items which would assist us in the investigation we

       5   were undertaking at the time.

       6   Q.  And how long did the search last?

       7   A.  All told, six days.

       8   Q.  And can you describe the rooms, room or rooms that you

       9   personally searched?

      10   A.  Yes.  The premises comprise two rooms.  For simplistically

      11   sake, we labeled them room 1 and room 2.  Room 1 was the first

      12   room that one came to as you entered these office premises.

      13   That room consisted of storage shelves, boxes.

      14            Room 2, which you could get into from room 1, was an

      15   office with fixtures and fittings that one would expect to

      16   find in an office.

      17   Q.  Such as?

      18   A.  Such as computers, such as faxes, such as wide range of

      19   documents.

      20   Q.  Detective Sergeant, I'm going to approach you with what

      21   have been premarked for identification as Exhibits 1555 and

      22   1556.

      23            Beginning with 1555, can you tell us what that is and

      24   how you recognize it?

      25   A.  Yes, Government Exhibit 1555 is a document sealed in a

                                                                    3426

       1   police evidence bag.  I recognize this as a document I found

       2   at Beethoven Street in September of 1998 by virtue of the fact

       3   that this bag bears my writing, bears my signature, bears my

       4   exhibit number and bears the unique reference number on this

       5   bag which I sealed at the time.

       6   Q.  And 1556?

       7   A.  1556 similarly bears the details I have just stated --

       8   bears my signature, my handwriting, my exhibit number, unique

       9   reference number -- and this bag contains documents again

      10   which I recovered at these premises at Beethoven Street in

      11   London.

      12   Q.  Can you tell us whether or not there is any difference

      13   between the documents from when you first seized them?

      14   A.  Ostensibly, they are the same documents.  The only

      15   difference would be in Government Exhibit 1556, 1556, that the

      16   color of it has been altered slightly, and that can be

      17   explained by the fact that this document was submitted to

      18   forensic fingerprint analysis.  The chemicals used in that

      19   process would slightly discolor the document.

      20            MR. KARAS:  Your Honor, at this time we offer 1555

      21   and 1556.

      22            THE COURT:  Received.

      23            (Government Exhibits 1555 and 1556 received in

      24   evidence)

      25            MR. KARAS:  And if we could display them in order.

                                                                    3427

       1   Q.  Detective Sergeant, I'm going the approach with what have

       2   been marked for identification as Government Exhibits 1557A

       3   through 1557E and 1557-P.  Once again, if you could tell us

       4   what those exhibits are and how you recognize them.

       5   A.  Yes, of course.  Government Exhibit 1557A through to E

       6   relates to five sheets of paper contained in this bag which I

       7   found in Beethoven Street in September of 1998.  This was

       8   sealed by me.

       9            I recognize this as my exhibit by virtue of the four

      10   things I stated previously -- my signature, my handwriting, my

      11   exhibit number and unique reference number peculiar to this

      12   particular exhibit bag.

      13   Q.  And 1557-P?

      14   A.  Government Exhibit 1557-P is an album of photographs which

      15   accurately reflect and depict the item Government Exhibit

      16   1557A to E.  It's a photograph of that exhibit.

      17            MR. KARAS:  Your Honor, at this time we offer 1557A

      18   through 1557E and 1557-P.

      19            THE COURT:  Received.

      20            (Government Exhibits 1557A, 1557B, 1557C, 1557D,

      21   1557E and 1557-P received in evidence)

      22            MR. KARAS:  And if we could display 1557-P, and if we

      23   could go to the second or third page, please.  Second page

      24   first.

      25            If we could display 1557B, please, and if we could

                                                                    3428

       1   try to highlight the fax header up there.

       2            And 1557C, and if we could highlight the fax header

       3   there.

       4   Q.  Detective Sergeant, do you have the photograph of 1557C?

       5   A.  I do.

       6   Q.  Can you make out the fax header in the photograph you have

       7   before you?

       8   A.  Yes, I can.

       9   Q.  And if you could read that fax header to us, please.

      10   A.  Yes.  It says August 7th, 1998.  The time given at the top

      11   right of that photograph is 4:54 a.m.

      12   Q.  And is there a page number with that?

      13   A.  Page 2.

      14   Q.  And with respect to 1557D-P, the photograph of 1557D, can

      15   you make out the fax header on that?

      16   A.  I can, yes.

      17   Q.  And if you could read that to us, please?

      18   A.  Yes.  The fax header reads August the 7th, 1998, the same

      19   date.  This particular page timed at 04:56 a.m. and it's page

      20   3.

      21   Q.  And 1557E, the photograph of that, if you could read us

      22   the fax header on that page.

      23   A.  Yes.  Again, fax header dated August 7th, 1998.  The time

      24   given at the top of this page is 04:53, 4:53 a.m., which is

      25   page 1.

                                                                    3429

       1   Q.  And on the fax headers of those three documents you have

       2   just read to us, is there an indication of the sending phone

       3   number?

       4   A.  No.  It's not apparent on these photographs, no.

       5   Q.  And with respect to 1557B, the photograph of that

       6   document, can you read us the fax header of that one, please?

       7   A.  Yes, the fax header is from, reading left to right, it's

       8   got The Grapevine, then a phone number.

       9            Do you want me to read the phone number?

      10   Q.  If you could read -- yes, if you could read that whole

      11   line, if possible.

      12   A.  Phone number is 4401713727415.  It's dated August the 4th,

      13   1998.  It's 10:15 p.m.

      14   Q.  Thank you, Detective Sergeant.

      15            I'm going to approach with what have been premarked

      16   as Government Exhibits 1558 and 1558-P.

      17            MR. KARAS:  Your Honor, may I publish 1557-P to the

      18   jury?

      19            THE COURT:  Yes.

      20   Q.  Sir, if you could tell us what those exhibits are and how

      21   you recognize them.

      22   A.  Yes.  Again, dealing with Government Exhibit 1558, first

      23   of all, this is a fax message comprised of two documents.

      24   This is -- this bag I'm holding contains these two documents.

      25   These two documents were found during the search which I

                                                                    3430

       1   conducted at Beethoven Street in September 1998.  I

       2   recognize --

       3   Q.  I'm sorry.  Go ahead.

       4   A.  I recognize these documents as mine by virtue of the same

       5   reasons I have said previously -- the bag was completed by me

       6   in my handwriting, bears my signature, my exhibit number,

       7   sealed at the time with a unique seal number evidence on this

       8   bag.

       9   Q.  And 1558-P?

      10   A.  1558-P is an album of photographs, two photographs, which

      11   accurately reflect and depict the documents in the exhibit I

      12   have just mentioned.

      13            MR. KARAS:  Your Honor, at this time we offer 1558

      14   and 1558-P.

      15            THE COURT:  Received.

      16            (Government Exhibits 1558 and 1558-P received in

      17   evidence)

      18   BY MR. KARAS:

      19   Q.  If you could, Detective Sergeant, with respect to 1558-P,

      20   can you read the fax header on that document.

      21            We actually have this one on the screen if you want

      22   to read it from the scene.

      23   A.  Yes, of course.  Read from left to right, it says from The

      24   Grapevine.  Phone number is 4401713727415, and it's dated

      25   August the 4th, 1998.  It's 10:15 p.m.

                                                                    3431

       1   Q.  Thank you.  I'm going to approach with what have been

       2   marked for identification as Exhibits 1561-I.D. and 1561.

       3            MR. KARAS:  Your Honor, may I publish 1558-P?

       4            THE COURT:  Yes.

       5   Q.  Sir, if you could tell us what those documents are and how

       6   you recognize them.

       7   A.  Yes, 1561 I.D., government exhibit, is a bag of documents,

       8   several documents, which I recovered and found at these

       9   studios at Beethoven Street in London in September of 1998.

      10   Q.  And 1561?

      11   A.  1561, Government Exhibit 1561 is an envelope which had

      12   been contained in this bag and was pulled from this bag on

      13   Saturday last in my presence.

      14   Q.  And that's the bag marked 1561-I.D.?

      15   A.  That's right.

      16            MR. KARAS:  Your Honor, at this time we offer 1561.

      17            THE COURT:  Received.

      18            (Government Exhibit 1561 received in evidence)

      19            MR. KARAS:  And if we could display 1561, please?

      20            THE COURT:  Yes.

      21   Q.  Sir, can you read for the record the addressee on the

      22   label there?

      23   A.  Yes.  The addressee on the label of this envelope that was

      24   in this bag reads Mr. Khalid al-Fawwaz, 94 Dewsbury Road,

      25   London, and the post code or zip code underneath, which is NW,

                                                                    3432

       1   Northwest 10, 1EP.

       2   Q.  Thank you, Detective Sergeant.

       3            I'm going to approach with what has been marked for

       4   identification as 1562 and ask you to take a look at it and

       5   tell us how you recognize it.

       6   A.  Government Exhibit 1562 is a document contained in

       7   exhibits bag.  This document was found by myself at Lancefield

       8   Studios, Beethoven Street, in September 1998.

       9            MR. KARAS:  Your Honor, at this time we offer 1562.

      10            THE COURT:  Received.

      11            (Government Exhibit 1562 received in evidence)

      12            MR. KARAS:  If we could display the first page of

      13   1562.

      14   Q.  Can you tell us, Detective Sergeant Gregory, what that

      15   document is?

      16   A.  This document contained in exhibit number Government

      17   Exhibit 1562 is a leasing agreement relating to the premises I

      18   searched, Lancefield Studios, dated the 3rd of September,

      19   1997, and it's an agreement by someone called Abdul Abdel al

      20   Majed of 63 Severn House, London, West 10.

      21   Q.  Thank you.  I'm going to approach finally with what have

      22   been marked for identification as 1563-I.D. and 1563.  Can you

      23   tell us what those items are?

      24   A.  These items, the bag I'm holding, Government Exhibit

      25   1563-I.D., is a bag containing a number of documents which I

                                                                    3433

       1   found and recovered from these studios at Beethoven Street in

       2   London in September 1998.  It's a bag of correspondence drawn

       3   from this bag, Government Exhibit 1563-I.D., I'm holding in my

       4   hand.

       5            MR. KARAS:  Your Honor, at this time we offer

       6   Government Exhibit 1563.

       7            THE COURT:  Received.

       8            (Government Exhibit 1563 received in evidence)

       9            MR. KARAS:  And if we could display the first page of

      10   1563.

      11   Q.  On the right-hand side of the page, sir, if you could just

      12   read the top part of that title for the record.

      13   A.  The top part of the title, Government Exhibit 1563, reads

      14   "Declaration of Jihad on the Americans Occupying the Country

      15   of the Two Sacred Places."

      16   Q.  And the first two words in the top left side of the page?

      17   A.  The top left side of the page reads "the message."

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

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

      20   Hage.

      21   CROSS-EXAMINATION

      22   BY MR. SCHMIDT:

      23   Q.  Detective Sergeant Gregory, when you went to the location

      24   at 51A Beethoven Street -- is that where you went to?

      25   A.  Yes, 1a Beethoven Street.  Unit 5 1a Beethoven Street.

                                                                    3434

       1   Q.  Excuse me?

       2   A.  It's called 1a Beethoven Street, the post of the address,

       3   Unit 5.

       4   Q.  Did you go with an Arabic interpreter?

       5   A.  Yes, I did, yes.

       6   Q.  And was the purpose of the Arabic interpreter to review

       7   Arabic documents to see if they were relevant for your search?

       8   A.  That's right.

       9   Q.  You did not -- am I correct you did not seize every

      10   document or record in Arabic; is that correct?

      11   A.  Didn't seize every one, no.

      12   Q.  When the interpreter informed you that a document in

      13   Arabic had some political significance, was that document

      14   seized?

      15   A.  I wouldn't use the term "political significance."  What we

      16   were looking for was evidence of investigation in hand at the

      17   time.  If it was deemed relevant to that end, then it was

      18   seized.

      19   Q.  Well, did you previously testify under oath on February

      20   23rd, year 2000?

      21   A.  I did.

      22   Q.  And in fact, at that time was it your words that when you

      23   were advised by the interpreter that a document in Arabic had

      24   some political significance, it was seized; do you recall

      25   that?

                                                                    3435

       1   A.  I don't recall that, no.  I would refer you to my earlier

       2   answer.

       3            MR. SCHMIDT:  If I may approach the witness with what

       4   has been marked 3591-4.

       5            THE COURT:  Okay.

       6   Q.  And I ask you to look at the highlighted portion on the

       7   bottom of the page and read it to yourself, please.

       8            (Pause)

       9   Q.  Why don't you look at the front page to make sure you know

      10   what the document is.

      11   A.  Yes.

      12   Q.  Detective Sergeant, having read this document, does that

      13   refresh your recollection that you testified that, "Once I was

      14   advised by my interpreter that a document in Arabic had some

      15   political significance, it was seized"?

      16   A.  It says on that document, it says on that document what I

      17   testified in London in February of 2000.  However, the aim of

      18   the search in September of 1998 was to seize items and

      19   articles of evidential value.

      20   Q.  Maybe I'm a little confused.  Did you testify at this

      21   hearing concerning the search of the residence at 1a Beethoven

      22   Street?

      23   A.  Yes, I did.

      24   Q.  And the arrest of Mr. Bary?

      25   A.  That's right.

                                                                    3436

       1   Q.  And did this accurately reflect what you testified to?

       2   A.  Well, it summarizes what I said, yes.

       3   Q.  And is the term "political significance" the term that you

       4   used?

       5   A.  I don't recall using the term "political significance."

       6   It says on that document that you have and you have

       7   highlighted, which you have read, political significance.  It

       8   does.  I agree with that.  But I will say again, the object of

       9   the exercise, the exercise being searching Beethoven Street in

      10   September 1998, was to search for items and articles of

      11   various descriptions that would be of evidential value.

      12   Q.  I understand that, Detective Sergeant.  Did you read this

      13   statement and acknowledge that these statements were correct

      14   at the time that you made them?

      15   A.  Yes.

      16   Q.  On the document itself it says that you read them and it

      17   has your signature; isn't that correct?

      18   A.  That's right, yes.

      19   Q.  Now, is there a problem with the word "political" -- the

      20   phrase "political significance"?

      21   A.  I don't see there's a problem with it.  I'm just expanding

      22   on what the object of the exercise was.

      23   Q.  Mr. Bary, to your knowledge, was a member of the Egyptian

      24   Islamic Jihad; is that correct?

      25   A.  I believe so, yes.

                                                                    3437

       1   Q.  And you were aware where he was living prior to being

       2   involved in this investigation?

       3   A.  Yes.

       4   Q.  Did your task force keep tabs on Mr. Bary?

       5            MR. KARAS:  Objection, your Honor.

       6            THE COURT:  Yes, sustained.

       7            MR. SCHMIDT:  I have no further questions.

       8            THE COURT:  Anything further of this witness?

       9            MR. KARAS:  No, your honor.

      10            THE COURT:  Thank you, Detective Sergeant.  You may

      11   step down.

      12            THE WITNESS:  Thank you.

      13            (Witness excused)

      14            MR. KARAS:  Your Honor, the government would call

      15   Detective Sergeant Keith Asman.

      16    KEITH RICHARD ASMAN,

      17        called as a witness by the government,

      18        having been duly sworn, testified as follows:

      19            DEPUTY CLERK:  Please be seated.  State your full

      20   name.

      21            THE WITNESS:  Full name is Keith Richard Asman,

      22   A-S-M-A-N.

      23   DIRECT EXAMINATION

      24   BY MR. KARAS:

      25   Q.  Good afternoon, sir.  Or, still morning.  Good morning.

                                                                    3438

       1   A.  Good morning, sir.

       2   Q.  Time flies.

       3            Can you tell us how you are employed?

       4   A.  Yes, I'm a detective sergeant working at the antiterrorist

       5   branch in the exhibits office, New Scotland Yard, London.

       6   Q.  And can you tell us what assignment you had in late

       7   September 1998?

       8   A.  Yes, I was employed in the exhibits office of the

       9   antiterrorist branch, New Scotland Yard, at that time.

      10   Q.  Did there come a time you participated in the search of

      11   the premises known as Unit 5 1a Beethoven Street?

      12   A.  Yes, I did, on the 26th of September, 1998.

      13   Q.  Sir, I'm going to approach with what has been premarked

      14   for identification as Government Exhibit 1559-I.D. and also

      15   Government Exhibit 1559.

      16            Can you tell us what those exhibits are and how you

      17   recognize them.

      18   A.  Yes.  The exhibits which I have in my hand, 1559-I.D. is

      19   exhibit reference KRA2097.  This is selected correspondence

      20   which I removed from a box in room 1 of Unit 5 1a Lancefield

      21   Studios.  It's selected correspondence, and from within that

      22   correspondence Government Exhibit 1559-I.D. was removed and

      23   was recovered at the same time as this other correspondence.

      24            I can recognize it because it bears my handwriting,

      25   my unique reference number and my signature.

                                                                    3439

       1   Q.  And the notebook there, could you just read the

       2   handwriting number on the yellow sticker there?

       3   A.  Yes, this is the Exhibit 1559-I.D.

       4   Q.  And the handwritten portion, 1559?

       5   A.  Yes, sir, 1559.

       6            MR. KARAS:  Your Honor, at this time we offer

       7   Government Exhibit 1559.

       8            THE COURT:  Received.

       9            (Government Exhibit 1559 received in evidence)

      10            MR. KARAS:  I have no further questions.

      11            MR. SCHMIDT:  No questions.

      12            THE COURT:  Thank you, Detective Sergeant.  You may

      13   step down.

      14            (Witness excused)

      15            THE COURT:  We'll take our midmorning recess.

      16            (Jury not present)

      17            THE COURT:  Will you finish this morning?

      18            MR. FITZGERALD:  We will finish with these witnesses,

      19   your Honor.  I believe there are two more, and I think what

      20   we're going to do then is display some of the items and,

      21   depending on the status of one stipulation, read some other

      22   items.

      23            THE COURT:  That will be this afternoon?

      24            MR. FITZGERALD:  I believe so, yes.  And we will

      25   probably have some other items unrelated to London that we'll

                                                                    3440

       1   be prepared to read this afternoon.  So I think we'll make

       2   productive use of a portion of the afternoon at least.

       3            THE COURT:  Then we recess until Monday.

       4            How many days does the government anticipate the

       5   government will require next week?

       6            MR. FITZGERALD:  Depending on the discussions

       7   regarding two issues, the maximum I think we would need next

       8   week would be three.

       9            THE COURT:  Three.  Okay.  Thank you.

      10            (Pages 3441 through 3450 filed under seal)

      11            (Continued on next page)

      12

      13

      14

      15

      16

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    3451

       1            (In open court)

       2            MR. KARAS:  The next witness, your Honor, is Noel

       3   Feeny.

       4            (Jury present)

       5            THE COURT:  The government may call the next witness.

       6            MR. KARAS:  Your Honor, the government calls

       7   Detective Inspector Noel Feeny.

       8    NOEL THOMAS FEENY,

       9        called as a witness by the government,

      10        having been duly sworn, testified as follows:

      11            DEPUTY CLERK:  Please state your full name.

      12            THE WITNESS:  Noel Thomas Feeny, F-E-E-N-E-Y.

      13            DEPUTY CLERK:  Thank you.

      14   DIRECT EXAMINATION

      15   BY MR. KARAS:

      16   Q.  Good afternoon, sir.

      17   A.  Good afternoon.

      18   Q.  Can you tell us how you are employed?

      19   A.  I'm a detective inspector with the antiterrorist branch at

      20   New Scotland Yard in London.

      21   Q.  And can you tell us what your assignment was in late

      22   September of 198?

      23   A.  I was responsible for supervising a search at The

      24   Grapevine in the Kilburn High Road whilst engaging in the

      25   antiterrorist branch.

                                                                    3452

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

       2            THE COURT:  Yes.

       3   Q.  Sir, I have placed before you what's been marked into

       4   evidence as Exhibit 1608, and I'm wondering if you could tell

       5   us which arrow represents where The Grapevine was located when

       6   you searched it.

       7   A.  It's arrow number 8.

       8   Q.  And if you could give us the address for the record,

       9   please?

      10   A.  It's 318 to 320 Kilburn High Road, London, Northwest 6.

      11   Q.  Thank you.

      12            By the way, Detective Inspector, are you familiar

      13   with the location known as 1a Beethoven Street?

      14   A.  I am, yes.

      15   Q.  Can you tell us approximately how far 1a Beethoven Street

      16   is from The Grapevine, was at the time?

      17   A.  I would estimate that to be about one mile.

      18   Q.  Can you tell us what type of location, what type of

      19   operation was ongoing at The Grapevine when you searched it?

      20   A.  The Grapevine was a small commercial business which was

      21   primarily responsible for providing a service of

      22   telecommunications and facsimile messages for members of the

      23   public to use at a cheap rate.

      24   Q.  And what did the premises look like when you went that day

      25   to search it?

                                                                    3453

       1   A.  It's quite a small confined premises.  Enter and exit is

       2   by the same door.  As you enter the premises, on the

       3   right-hand side of the small counter customers are dealt with

       4   there by the proprietors, who ask which service you require.

       5            If it's telephone services, there are eight booths on

       6   the near side, the left-hand side as you walk down the

       7   corridor, to make private telephone calls from.  If you

       8   require to send or receive a fax message, that equipment is

       9   further on down on the right-hand side past the proprietor's

      10   counter.

      11   Q.  How many facsimile machines did you see that day during

      12   your search?

      13   A.  I saw one machine.

      14   Q.  And can you tell us what the hours were of the store when

      15   you went that day?

      16   A.  In 1998, The Grapevine were operating from around 8:00 in

      17   the morning until very late at night, up until midnight,

      18   depending on the customer requirement.

      19   Q.  And do you know where the proprietors of that business

      20   lived during that time?

      21   A.  The proprietors had accommodation to the rear of the

      22   premises, a separate doorway leading in from the actual

      23   Grapevine business premises into the residential room.

      24   Q.  You mention that people could either send or receive a fax

      25   to or from The Grapevine.  Can you tell us how that worked?

                                                                    3454

       1   A.  If you wished to send a fax, all you had to do was provide

       2   the number and the pieces of paper to be done.  That was done

       3   for you.  If you expected faxes to be received, there was a

       4   facility for members of the public to walk in, no

       5   identification was required, they would say, I'm expecting a

       6   fax, and a binder would be passed to them in order that they

       7   could examine the contents and claim any faxes therein, and a

       8   nominal fee of about 50 pence per sheet would be charged by

       9   the business.

      10   Q.  And what exact day did you go to The Grapevine to conduct

      11   your search?

      12   A.  I attended on Saturday, the 26th of September, 1998.

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

      14            THE COURT:  Yes.

      15   Q.  Detective Inspector, I have placed before you what have

      16   been marked for identification as Government Exhibits 1576A

      17   and 1576B.

      18            Starting with 1576A, can you tell us what that is.

      19   A.  Exhibit 1576A is the folder that was in The Grapevine on

      20   Saturday, the 26th of September, 1998, the faxes received in

      21   that premises were stored in.

      22   Q.  And when you seized that folder, were there documents in

      23   it?

      24   A.  There were a number of documents in this folder.

      25   Q.  If you could tell us what 1576B is.

                                                                    3455

       1   A.  Exhibit 1576B is one of the documents extracted from the

       2   folder and produced separately.

       3            MR. KARAS:  Your Honor, at this time we offer 1576A

       4   and 1576B.

       5            THE COURT:  Yes, received.

       6            (Government Exhibits 1576A and 1576B received in

       7   evidence)

       8            MR. KARAS:  If we could display 1576A, at least the

       9   folder portion of that, and if we could display 1576B.  And if

      10   we could highlight the fax header line up at the top.

      11   Q.  And, sir, if you could read us the date that's on the fax

      12   header of 1576B.

      13   A.  It's August the 7th, 1998.

      14   Q.  Is there a time listed there?

      15   A.  There's a time of 04:45 a.m.

      16   Q.  And is there an indication of what page number that

      17   document is?

      18   A.  Indication is it's page 1.

      19   Q.  And if we could display the entire document again.  And if

      20   you could read for us the handwritten words at the top of that

      21   document?

      22   A.  Bears the name M.R. dot, dot Gorg, or Mr. Gorg, G-O-R-G.

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

      24            THE COURT:  Anything of this witness?

      25            MR. SCHMIDT:  Nothing.

                                                                    3456

       1            THE COURT:  Thank you, Detective Inspector.  You may

       2   step down.

       3            THE WITNESS:  Thank you, your Honor.

       4            (Witness excused)

       5            MR. KARAS:  Your Honor, the government calls

       6   Detective Constable Gary Clubb.

       7            Your Honor, if I may publish 1576A and B to the jury.

       8            THE COURT:  Yes.

       9    GARY WILLIAM CLUBB,

      10        called as a witness by the government,

      11        having been duly sworn, testified as follows:

      12            DEPUTY CLERK:  Please state your full name.

      13            THE WITNESS:  I'm Gary William Clubb, C-L-U-B-B.

      14   DIRECT EXAMINATION

      15   BY MR. KARAS:

      16   Q.  Good afternoon, sir.

      17   A.  Good afternoon to you, sir.

      18   Q.  Can you tell us how you are employed?

      19   A.  I'm a detective constable with the Antiterrorist Branch at

      20   New Scotland Yard.

      21   Q.  And can you tell us how you were employed back in March of

      22   1999?

      23   A.  That was my assignment at that time as well, sir.

      24   Q.  And did there come a time that you went to Paris, France,

      25   as part of your duties with the antiterrorism branch?

                                                                    3457

       1   A.  Yes, I had to go to Paris.

       2   Q.  What was the purpose of your visit to France?

       3   A.  The purpose of going to Paris was to retrieve faxes that

       4   had been sent from London and to also interview persons at the

       5   radio station to whom the faxes had been sent to ask what they

       6   did with the faxes and what happened as a result of that.

       7

       8            (Continued on next page)

       9

      10

      11

      12

      13

      14

      15

      16

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    3457

       1   Q.  Okay.  And can you tell us exactly what radio station

       2   you're referring to?

       3   A.  Yes, sir, Radio France International which is a big radio

       4   station on the outskirts of Paris.

       5   Q.  When you were in Paris in March of 1999 did you have an

       6   opportunity to meet complete with French police officials?

       7   A.  Yes, I did.

       8   Q.  By the way, when you went to Paris did you bring anything

       9   with you?

      10   A.  Yes, sir.  I took copies of a document I know as SCG11

      11   which is the English faxes that were sent to France.

      12   Q.  And did you have an opportunity to meet -- by the way,

      13   please don't tell us what anybody said -- but did you have an

      14   opportunity to meet with officials from Radio France?

      15   A.  Yes, I did.

      16   Q.  And can you tell us whether or not French police officials

      17   were present during that meeting?

      18   A.  French police were present, sir, yes.

      19   Q.  And do you recall the exact date of that meeting?

      20   A.  Yes, sir.  It was the 16th of March '99.

      21   Q.  And where did that meeting take place?

      22   A.  At Radio France International.

      23   Q.  And after the meeting at Radio France International did

      24   you have a subsequent meeting with French police officials?

      25   A.  Yes, sir, I did.

                                                                    3458

       1            MR. KARAS:  May I approach the witness, your Honor?

       2            THE COURT:  Yes.

       3   Q.  Sir, I placed before you what has been marked for

       4   identification as Government Exhibits 1579.  Can you tell us

       5   what that is?

       6   A.  Yes, sir, this is a document that was handed to me at the

       7   Palais de Justice.

       8   Q.  And the Palais Justice, what is that?

       9   A.  It's the French magistrates department, if you like.  It's

      10   the French judicial authority.

      11   Q.  And who was it that handed you that document?

      12   A.  A Mr. Remy Shays, who works at the Palais de Justice.

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

      14   1579.

      15            THE COURT:  Received.

      16            (Government's Exhibit 1579 received in evidence)

      17   Q.  Now, sir, did you have an understanding with the French

      18   police as to what, if anything, else they might send you in

      19   connection with your trip to Paris in March of 1999?

      20   A.  Yes, sir.  The understanding was that the original faxes

      21   that had been sent to Radio France International would be sent

      22   to us.

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

      24            THE COURT:  Yes.

      25   Q.  Detective, I placed before you what has been marked for

                                                                    3459

       1   identification as Government Exhibit 1580.  Can you tell us if

       2   you recognize that document?

       3   A.  Yes, I do recognize this article.

       4   Q.  What is that document?

       5   A.  It's telefaxes that were sent to the British judicial

       6   authority in London.

       7   Q.  When did you first receive those faxes that you have in

       8   your hand there?

       9   A.  I went to the offices of Andrew Frazier Crown Prosecution

      10   Service in May of '99.

      11   Q.  And the Crown Prosecution Service is located where?

      12   A.  In central London, sir, Lutgate Hill.

      13            MR. DRATEL:  Your Honor, at this time we offer

      14   exhibit 1580.

      15            THE COURT:  Received.

      16            (Government's Exhibit 1580 received in evidence)

      17   Q.  Now, sir, have you compared the documents that are

      18   contained in 1579 with those contained in 1580?

      19   A.  Yes, sir.

      20   Q.  What conclusion have you drawn from that comparison?

      21   A.  That document 1579 is a copy of document 1580.

      22   Q.  Now, sir, are you familiar with the location that's

      23   located at 12 Formosa Street in London?

      24   A.  Yes, sir, I am.

      25   Q.  And when was the last time you visited that location?

                                                                    3460

       1   A.  Last Thursday, sir.

       2            MR. KARAS:  May I approach the witness, your Honor?

       3            THE COURT:  Yes.

       4   Q.  Sir, I'm showing you a map that's been marked in evidence

       5   as 1608.  If you could indicate the numbered arrow where 12

       6   Formosa Street is located?

       7   A.  Yes, sir, here.

       8   Q.  If you could just indicate for the record the number?

       9   A.  It's number 9, sir.

      10   Q.  Thank you.  Sir, I'm going to approach you with what has

      11   been premarked for identification Government Exhibits 1575A

      12   through 1575G.

      13            Can you tell us what those exhibits are?

      14   A.  Yes, sir.  They're photographs I took last Thursday.  They

      15   are of subpost office at number 12 Formosa Street in London.

      16   Q.  And can you tell us what type of business is located at 12

      17   Formosa Street?

      18   A.  Yes, sir.  It's a subpost office and general grocery

      19   store.

      20   Q.  What types of items can one purchase or what types of

      21   services can one receive there?

      22   A.  The subpost office does most of the general post

      23   office-type of goods, stamps, postal orders, most government

      24   type of services.  The rest of the shop is given over to

      25   fruit, vegetables, general groceries.

                                                                    3461

       1   Q.  Those pictures that are before you, are those fair and

       2   accurate depictions of 12 Formosa Street as you saw it last

       3   week?

       4   A.  Yes, sir, they are.

       5   Q.  And the neighborhood around the subpost office itself?

       6   A.  Yes, sir, they are.

       7            MR. KARAS:  Your Honor, at this time we offer 1575A

       8   through G?

       9            THE COURT:  Received.

      10            (Government's Exhibits 1575A through G received in

      11   evidence)

      12            MR. KARAS:  If we could display 1575A, please.

      13   Q.  Would you tell us what those two pictures marked as 1575A

      14   reflect?

      15   A.  Those, sir, are two photographs of Formosa Street and

      16   Formosa Street name is in the top left-hand corner.

      17   Q.  We're highlighting in on that.  That's the street you're

      18   referring to the street sign you're referring to?

      19   A.  Yes, sir.

      20            MR. KARAS:  If we could display 575B.

      21   A.  The shop front you see there with the green blind with the

      22   red ribbon across the front of it is the front of number 12,

      23   which is in fact the subpost office.

      24   Q.  And 1575C.

      25   A.  Sir, that closeup is of the post office sign attached to

                                                                    3462

       1   the side of Formosa Street post office.

       2   Q.  And 1575D.

       3   A.  Yes, sir.  The top image shows the entrance to number 12

       4   Formosa Street with the sign in the door in the bottom

       5   right-hand corner.  The bottom photograph shows the subpost

       6   office part of the store inside the premises.

       7   Q.  Can you tell us what that machine is to the right there of

       8   the post office?

       9   A.  In the bottom photograph?

      10   Q.  Correct?

      11   A.  I think that's a photocopier, sir.

      12   Q.  1575E, please.  Tell us what that is?

      13   A.  Again, sir, that's a more general photograph of the store

      14   showing the type of produce that's sold there, but it also

      15   shows the location of the subpost office in the far left-hand

      16   corner of the shop.

      17   Q.  1575F.

      18   A.  Again, sir, as I came closer to the subpost office part of

      19   the store I saw the sign still in the window indicating that

      20   the owner of the shop offers a fax service to anyone that

      21   takes documents to them.

      22   Q.  And 1575G.

      23   A.  Yes, sir.  You recall when I indicated the front door of

      24   the property and said there was a sign in the bottom

      25   right-hand corner.  I took some closeup photograph of that

                                                                    3463

       1   sign which does in fact show quite clearly the fax service

       2   that the owner of the shop offers.

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

       4   CROSS-EXAMINATION

       5   BY MR. DRATEL:

       6   Q.  Good morning Det. Clubb.

       7   A.  Good morning, sir.

       8   Q.  You say you took those photos 12 days ago or last Thursday

       9   was it that you took the photos?

      10   A.  Last Thursday, yes, sir.

      11   Q.  So you then didn't take those photos in 1998 correct?

      12   A.  Sir, I took them last Thursday.

      13            MR. DRATEL:  No further questions, your Honor.

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

      15            (Witness excused)

      16            THE COURT:  You want to recall the witness?

      17            MR. KARAS:  I do have some stipulations.

      18            THE COURT:  Yes.

      19            MR. KARAS:  Your Honor, the first stipulation is

      20   marked for identification as Government Exhibit 161.

      21            It is hereby stipulated and agreed by and between the

      22   parties that if called as a witness an employee of British

      23   Telecom familiar with the records maintained by that company

      24   would testify that:

      25            1.  Government Exhibits 1581 through 1591, and 1593

                                                                    3464

       1   and 94 are authentic business records of British Telecom that

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

       3   in them and were prepared and kept in the regular course of

       4   British Telecom's business activity.  Specifically:

       5            A. Government Exhibit 1581 is a copy of toll and

       6   subscriber records for the telephone number 0181208-4422

       7   covering the period from July 1996 to September 1998.

       8            B.  Government Exhibit 1582 is a copy of toll and

       9   subscriber records for the telephone number 0181208-4433

      10   covering the period from August 1996 to September 1998.

      11            C.  Government Exhibit 1583 is a copy of toll and

      12   subscriber records for the telephone number 01181208-4411

      13   covering the period from April 1997 to January 1999.

      14            D. Government Exhibit 1584 is a copy of toll and

      15   subscriber records for the telephone number 0181968-0048

      16   covering the period from June 1998 to November 1998.

      17            E. Government Exhibit 1585 is a copy of toll an

      18   subscriber records for the telephone number 0181 969-3220

      19   covering the period from June 1997 to January 1998.

      20            F.  Government Exhibit 1586 is a copy of toll and

      21   subscriber records for the telephone number 0181964-0087

      22   covering the period from April 1997 to September 1997.

      23            G.  Government Exhibit 1587 is a copy of toll and

      24   subscriber records for the telephone number 0181964-0087

      25   coverings the period from September 1997 to March 1998.

                                                                    3465

       1            H.  Government Exhibit 1588 is a copy of toll and

       2   subscriber records for the telephone number 0181960-0574

       3   covering the period from November 1997 to January 1998.

       4            I.  Government Exhibit 1589 is a copy of toll and

       5   subscriber records for the telephone number 0181960-0574

       6   covering the period from February 1998 to November 1998.

       7            J.  Government Exhibit 1590 is a copy of toll and

       8   subscriber records for the telephone number 0181968-2081

       9   covering the period from June 1998 to October 1998.

      10            K.  Government Exhibit 1591 is a copy of toll and

      11   subscriber records for the telephone number 0181964-2549

      12   covering the period from August 1996 to October 1997.

      13            L.  Government Exhibit 1593 is a copy of toll and

      14   subscriber records for the telephone number 0181960-8904

      15   covering the period from September 1997 to March 1998.

      16            M.  Government Exhibit 1594 is a copy of toll and

      17   subscriber records for the telephone number 0181741-8008

      18   covering the period from October 1997 to October 1998.

      19            2.  A subscriber record reflects, among other things,

      20   a telephone number or numbers, the address where the telephone

      21   number is listed, the customer who subscribes to that

      22   telephone number, a name for purposes of billing, and address

      23   for purposes of billing, and other related information.

      24            3.  Toll records reflect, among other things,

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

                                                                    3466

       1   outgoing telephone number called from a telephone, the local

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

       3   other related information.

       4            At this time, your Honor, the government offers

       5   exhibits 161 and exhibit 1581 through 1591 and 1593 to 94?

       6            THE COURT:  Received.

       7            (Government's Exhibits 161 and exhibits 1581 through

       8   1591 and 1593 to 1594 received in evidence)

       9            MR. KARAS:  The next stipulation is marked as exhibit

      10   162.

      11            It is hereby stipulated and agreed by and between the

      12   parties as follows:

      13            If called as a witness and employee of One 2 One

      14   Mobile Phone Company in England familiar with the records

      15   maintained by that company would testify that:

      16            1.  Government Exhibits 1595 and 1596 are authentic

      17   business records of One 2 One that were made at or near the

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

      19   and kept in the regular course of One 2 One's business

      20   activity.  Specifically:

      21            A. Government Exhibit 1595 is a copy of toll and

      22   subscriber records for the telephone number 0956657875

      23   covering the period from December 1997 to September 1998.

      24            B.  Government Exhibit 1596 is a copy of toll and

      25   subscriber records for the telephone number 0956357-892

                                                                    3467

       1   covering the period from October 1997 to September 19982.

       2            A subscriber record reflects, among other things, a

       3   telephone number or numbers, the address where the telephone

       4   number is listed, the customer who subscribes to that

       5   telephone number, a name for purposes of billing, and address

       6   for purposes of billing, and other related information.

       7            3.  Toll records reflect, among other things,

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

       9   outgoing telephone number called from a telephone, the local

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

      11   other related information.

      12            At this time, your Honor, the government moves

      13   exhibits 162 and 1595 and 1596 into evidence.

      14            THE COURT:  Received.

      15            (Government's Exhibits 162 and 1595 and 1596 received

      16   in evidence)

      17            MR. KARAS:  The next stipulation is marked as exhibit

      18   163.  It reads as follows:

      19            It is hereby stipulated and agreed by and between the

      20   parties that if called as a witness, am employee of Cable and

      21   Wireless familiar with the records maintained by that company

      22   would testify that:

      23            1.  Government Exhibit 1577 is an authentic call log

      24   for the phone located at 12 Formosa Street, London, England

      25   for the period July 15 through August 13, 1998, and is an

                                                                    3468

       1   authentic billings record of Cable and Wireless that was made

       2   at or near the time of the acts and events recorded in them

       3   and were prepared and kept in the regular course of British

       4   Cable and Wireless business activity.

       5            2.  A call log reflects, among other things, outgoing

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

       7   telephone number called from a telephone, the local time and

       8   date of the call, and the length of the call and other related

       9   information.

      10            Your Honor, at this time the government offers

      11   exhibits 163 and 1577.

      12            THE COURT:  Received.

      13            (Government's Exhibits 163 and 1577 received in

      14   evidence)

      15            MR. KARAS:  The next stipulation is marked as exhibit

      16   164.

      17            It reads:  It is hereby stipulated and agreed by and

      18   between the parties that if called as a witness, Naomi Wood

      19   would testify that she is the landlord of the premises known

      20   as 1a Beethoven Street, London, England, and that she was the

      21   landlord of said premises during 1997 and 1998.

      22            Ms. Wood would further testify that Government

      23   Exhibits 1550, 1551, 1552, and 1553 are copies of leases

      24   executed for Units 5 and 6 within the premises located at 1a

      25   Beethoven Street during 1997 and 1998.

                                                                    3469

       1            At this time, your Honor, the government offers

       2   exhibit 164 as well as exhibits 1550, 1551, 1552 and 1553.

       3            THE COURT:  Received.

       4            (Government's Exhibits 164, 1550, 1551, 1552 and 1553

       5   received in evidence)

       6            MR. KARAS:  The next stipulation is marked as exhibit

       7   165.

       8            It is hereby stipulated and agreed by and between the

       9   parties.

      10            1.  If called as a witness, John Emery, would testify

      11   as follows:

      12            A.  He is a technical officer employed by the

      13   Metropolitan Police Officer Service at New Scotland Yard in

      14   London, England.

      15            B.  He examined a Cascio SF-5600AR digital diary

      16   indicated as Government Exhibit 1501, that was recovered in

      17   the vehicles of Ibrahim Eidarous in London, England on

      18   September 23, 1998.  The Cascio was found to contain English

      19   telephone and address entries.

      20            C.  He transferred the electronic entries onto paper.

      21   Government Exhibit 1501A is a fair and accurate copy of the

      22   paper copy of the entries stored on the Cascio found in

      23   Ibrahim Eidarous's residence.  It should say "vehicle."

      24            At this time, your Honor, the government offers 165

      25   and 1501A.

                                                                    3470

       1            THE COURT:  Do we physically change the word

       2   residence appearing in the last line of the first page of 165?

       3   Is that agreeable to everyone?

       4            MR. DRATEL:  Yes, your Honor.

       5            THE COURT:  Received.

       6            (Government's Exhibits 165 and 1501A received in

       7   evidence)

       8            MR. KARAS:  The next stipulation is marked as exhibit

       9   166.

      10            It is hereby stipulated and agreed by and between the

      11   parties that:

      12            1.  If called as a witness a computer forensics

      13   analyst employed by the Metropolitan Police Service at New

      14   Scotland Yard would testify that Government Exhibit 1626 is a

      15   copy of a computer disk seized from 94 Dewsbury Road, London,

      16   England, the residence of Khalid al-Fawwaz, on September 23,

      17   1998.  The computer forensics analyst would further testify

      18   that he retrieved and printed the documents identified as

      19   Government Exhibits 1626A, 1626B, 1626C and 1626D.

      20            At this time, your Honor, the government offers 166

      21   and 1626, 1626A through D.

      22            THE COURT:  Received.

      23            (Government's Exhibits 166 and 1626, 1626A, through D

      24   received in evidence)

      25            MR. KARAS:  Next, your Honor, is stipulation marked

                                                                    3471

       1   as 167.

       2            It is hereby stipulated and agreed by and between the

       3   parties as follows:

       4            1.  If called as a witness at trial, an officer

       5   employed by the Metropolitan Police Service at New Scotland

       6   Yard would testify that he took the fingerprints and palm

       7   prints of Adel Abdel Bary on September 23, 1998 in London,

       8   England, and that Government Exhibit 1531 is a certified and

       9   fair and accurate copy of the fingerprint and palm print cards

      10   on which he marked these fingerprints and palm prints.

      11            2.  If called as a witness at trial, and officer

      12   employed by the Metropolitan Police Service at New Scotland

      13   Yard would testify that he took the fingerprints and palm

      14   prints of Ibrahim Eidarous on September 23, 1998 in London,

      15   England and that Government Exhibit 1543 is a certified and

      16   fair and accurate copy of the fingerprints and palm print

      17   cards on which he marked these fingerprints and palm prints.

      18            3.  If called as a witness at trial, Brian Charles

      19   Rice would testify that:

      20            A. He is a Senior Identification Officer and

      21   fingerprint identification expert employed by the Metropolitan

      22   Police Service at New Scotland Yard.

      23            B.  He has been engaged in identification of persons

      24   by means of fingerprints for more than twenty-six years and

      25   that he has never known finger, thumb or palm print

                                                                    3472

       1   impressions of different persons to be identical.

       2            C.  He was asked to process, among other documents,

       3   the documents marked as Government Exhibits 1556 known as

       4   SCG/112, 1558 known as SCG/109, 1500 known as PJW/6, and 1557A

       5   through E known as SCG/11 for the development of latent

       6   fingerprints and palm prints and to compare and develop latent

       7   fingerprints and/or palm prints with the known fingerprints

       8   and/or palm prints of Adel Abdel Bary and Ibrahim Eidarous.

       9            D.  He was able to process latent fingerprints on

      10   these items and was able to identify them as being from Adel

      11   Abdel Bary and/or Ibrahim Eidarous as indicated in the graphic

      12   presentations identified as Government Exhibits 1556-LP, which

      13   relates also to the exhibit known as SCG/112, 1558-LP also

      14   known as CG109; 1500-LP which relates to PJW/6 and 1557A-LP

      15   through 1557E-LP.  With regard to Government Exhibit 1500

      16   which relates to PJW/6 Mr. Rice only identified the

      17   fingerprint of Ibrahim Eidarous on page 6 of this exhibit and

      18   the inside cover.

      19            Your Honor, at this time the government offers 167 as

      20   well as 1531, 1543, 1556-LP, 1558-LP, 1500-LP and 1557A-LP

      21   through 1557E-LP.

      22            THE COURT:  Received.

      23            (Government's Exhibits 167, 1531, 1543, 1556-LP,

      24   1558-LP, 1500-LP and 1557A-LP through 1557E-LP received in

      25   evidence)

                                                                    3473

       1            MR. KARAS:  Your Honor, this might be a good time for

       2   a break.

       3            THE COURT:  All right.  We're adjourned until 2:15.

       4            (Luncheon recess)

       5

       6

       7

       8

       9

      10

      11

      12

      13

      14

      15

      16

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    3474

       1                 A F T E R N O O N   S E S S I O N

       2                             2:15 p.m.

       3            MR. KARAS:  There was just one other stipulation,

       4   your Honor.  I wanted to correct a typographical error.  We'll

       5   just put that on the record.

       6            THE COURT:  You want to do that?

       7            MR. KARAS:  If I could put that on the record, yes.

       8            THE COURT:  After the jury is gone.

       9            Any reason not to bring in the jury?

      10            MR. COHN:  Your Honor, give me two minutes.  I may be

      11   able to save a substantial amount of time.

      12            THE COURT:  All right.

      13            MR. SCHMIDT:  I just want to note one thing based on

      14   our earlier conversation:  that there are still some

      15   discovery/Brady material that we still await from the

      16   government, and based on my conversations with the

      17   government --

      18            THE COURT:  Could we have some quiet here, Mr. Cohn.

      19   Mr. Cohn, could you conduct your conversations so that --

      20            MS. GASIOROWSKI:  It's with the defendant.

      21            MR. COHN:  It's with the defendant and I can't really

      22   move.

      23            THE COURT:  I see.  All right, go ahead.

      24            MR. COHN:  But I'll waive --

      25            MR. SCHMIDT:  And I am assuming the government is

                                                                    3475

       1   waiting for them to complete their case before they get us the

       2   material that we requested and your Honor ordered, but I'm

       3   looking at Mr. Karas and he looks somewhat dumbfounded.  I'm

       4   not sure that that's his desire.  That might affect the

       5   conversation that I had, we had earlier behind the courtroom,

       6   depending on the nature of the material given to us.

       7            THE COURT:  That's unacceptable.  First of all, with

       8   respect to these issues I have repeatedly asked counsel

       9   whether they were ripe for the Court to deal with them and I

      10   have been repeatedly assured that it was not yet ripe.

      11            It will be unacceptable if an application is made for

      12   a continuance on the grounds that something has not occurred

      13   which the Court had ordered to be done or because some things

      14   have not yet been accomplished.

      15            If the ball is in the government's court, then the

      16   government should deal with the matters promptly.  And if we

      17   know now that any tentative decisions we've made with respect

      18   to timing are not going to be accomplished because of any of

      19   these matters, then I want to deal with it promptly.

      20            I, with considerable reluctance, have accepted

      21   defendants' joint requests with respect to timing because I

      22   realized the complexity and I realized the other matters

      23   affecting timing, but if you have any serious question about

      24   timing by virtue of any matters such as you have alluded to,

      25   then we should take them up on Thursday immediately after the

                                                                    3476

       1   issues raised by the Odeh subpoenas.

       2            Okay, let's bring in the jury.

       3            (Pause)

       4            THE COURT:  I said Odeh's subpoenas and I meant

       5   Al-'Owhali's.

       6            (Jury present)

       7    PETER JAMES WILLIAMS, Recalled

       8            THE COURT:  I understand the government wishes to

       9   recall Detective Williams?

      10            MR. KARAS:  Yes, your Honor.

      11            THE COURT:  Mr. Williams, I remind you you are still

      12   under oath.

      13            THE WITNESS:  Yes, sir.

      14   DIRECT EXAMINATION

      15   BY MR. KARAS:

      16   Q.  Good afternoon, sir.

      17   A.  Good afternoon.

      18   Q.  I'm going to approach with what have been premarked for

      19   identification in handwriting Government Exhibit 1532-I.D. and

      20   then Exhibits 1532, 1533, 1534, 1535 and 1536.

      21            With respect to 1532-I.D., can you tell us what that

      22   is?

      23   A.  Yes, sir.  It's a brown leather briefcase containing

      24   personal papers, two Egyptian passports, an address book,

      25   flight tickets.

                                                                    3477

       1   Q.  And where were those items seized?

       2   A.  They were seized on top of a wardrobe in one of the

       3   downstairs bedrooms.

       4   Q.  And this is in Mr. Eidarous's house?

       5   A.  It is, yes, sir.

       6   Q.  38 Waldo Road?

       7   A.  Yes, sir.

       8   Q.  And how is it you recognize 1532-I.D.?

       9   A.  I recognize it by my exhibit number PJW/20, my

      10   handwriting, and my signature.

      11   Q.  With respect to 1532 through 1536, can you tell us where

      12   those documents came from?

      13   A.  These documents were recovered from -- 1532, from the

      14   inside of 1532.

      15   Q.  1532-I.D.

      16   A.  -I.D.

      17            MR. KARAS:  Your Honor, at this time we offer

      18   Exhibits 1532 through 36.

      19            THE COURT:  Received.

      20            (Government Exhibits 1532, 1533, 1534, 1535 and 1536

      21   received in evidence)

      22            MR. KARAS:  No further questions.

      23            MR. SCHMIDT:  No questions.

      24            THE COURT:  Thank you.

      25            THE WITNESS:  Thank you very much.  Thank you, sir.

                                                                    3478

       1            MR. KARAS:  Your Honor, at this time we would like to

       2   display Government Exhibit 1622, and if we could focus down at

       3   the bottom address on that page and reading the last word in

       4   in English, Ziyad Khaleel, and above that the number

       5   4077379489, below that 4077190460, and right above Ziyad

       6   Khaleel, Orlando, FL.

       7            And if we could display 1623.  And for the record

       8   these are exhibits that Detective Webber testified were from

       9   94 Dewsbury.  And if we could focus on the bottom portion

      10   there where it says "payment portion" and "shipper," and for

      11   the record, payment portion, Saad Al-Fagih, and below that

      12   where it says "check payable to Ziyad Khaleel," and to the

      13   right, "shipper, Ziyad Khalleel," same spelling, and shipped

      14   to Saad Al-Fagih, same spelling.

      15            And if we could take that document and put it on the

      16   left side of the screen and on the right side display Exhibit

      17   592-2.  This is one documents of the documents that

      18   Ms. Marilyn Morelli testified to from O'Gara, and if we could

      19   focus on, at first, the top of the document on the right, the

      20   "to" and "from" and "subject" and "date" and to John Lageeza,

      21   516586531 from Ziyad Khalil; subject, order of Exact-M

      22   Satellite Telephone, date 11/1/96.

      23            And if we could display that whole document and then

      24   focus on number 2, where it reads the rest of the balance and

      25   in handwritten handwriting there, S. R. H.  Al-Fagih.

                                                                    3479

       1            And if we could display Government Exhibit 1639, one

       2   of the documents seized from 94 Dewsbury, and focus on the

       3   second transaction there after 06057*Ziyad, next word K-H-A-L,

       4   and then there's a star and TFR 1700.16.  And then if we could

       5   next display Government Exhibit 594-4 -- actually, first if we

       6   could just display -1.

       7            This says "minutes used" and the voice IMN reads

       8   682505331.  And if we could then go to page 4 and then if we

       9   could focus on the calls made on 5/4/97, and the first call

      10   5/4/97 at time 15:17:04 from 682505331 to 00441812084411.

      11            And if we could next display Government Exhibit 1625,

      12   one of the documents found at 94 Dewsbury in London, and if we

      13   could highlight the top portion of that, the top third or so,

      14   and the fax header reads "May 8, 1997, 4:41 p.m., OSN & OGM,

      15   plus sign one in (516) 586-5531.  And below that it reads add

      16   minutes transaction order, and below it appears to be an M

      17   circled and handwriting date 5/8/97.

      18            And if we could display that whole document on the

      19   left side of the screen and on the right side Government

      20   Exhibit 593-3, one of the exhibits Ms. Morelli testified to

      21   from O'Gara and to Ziyad Khalil from Marilyn Morelli, date,

      22   May 8, 1997; subject, minutes.  And at the bottom, signed

      23   Marilyn Morelli.  And if we could display on the right side of

      24   the screen Government Exhibit 593-4.

      25            Next, if we could display Government Exhibit 594 --

                                                                    3480

       1   I'm sorry, if we could display 593-7, another exhibit

       2   Ms. Morelli testified to, and if we could focus on the section

       3   below "pro forma invoice" down to the "shipping and handling

       4   charges" section, so from "pro forma invoice" down.

       5            A little farther down, if we could.  Thank you.

       6            And below "customer, Mr. Ziyad Khalil, and to the

       7   right, "ship to."  Below that, Tarik Hamdi, 933 Park Ave.,

       8   Herndon, JA 20170, and that's dated on the right there, May

       9   11, 19988.  If we could put that on the left side of the

      10   screen, and then if we could display on the right side

      11   Government Exhibit 1621, one of the documents found at

      12   Dewsbury Road.

      13            At the top, "ABC News World News Tonight."  April 22,

      14   1998, addressed to Mr. S. Rashid, 21 Blackstone Road, London,

      15   NW, 260A, England, UK.

      16            "Dear Mr. Rashid:  As per our conversations with

      17   Mr. Tarik Hamdi in Washington, I am confirming our interest in

      18   interviewing Mr. Bin Laden for ABC News.  We would propose

      19   that the interview air both on ABC news programs "World News

      20   Tonight" with Peter Jennings and "Nightline" with Ted Koppel.

      21   We are interested in Mr. Bin Laden's views regarding the

      22   Islamic movement in the Middle East, the role and objectives

      23   of Islamic militants and attitudes towards U.S. policy in the

      24   region.

      25            "I will continue to be in contact with Mr. Hamdi

                                                                    3481

       1   regarding the timing for our trip.

       2            "Thank you for your assistance in making this

       3   important project possible.

       4            "Sincerely, Christopher Isham."

       5            And if we could display on the right side of the

       6   screen Government Exhibit 1601, another document found at 94

       7   Dewsbury.  If we could highlight the text.  At the top, "ABC

       8   News World News Tonight," dated May 13, 1998 on the right:

       9            "Dr. Mohamed Atef, Media Bureau.

      10            "Dear Dr. Atef:  As per our conversations with

      11   Mr. Tarik Hamdi in Washington, I am confirming or interest and

      12   desire to interview Mr. Bin Laden for ABC News.  This

      13   interview will air on ABC news programs "World News Tonight"

      14   with Peter Jennings and Nightline with Ted Koppel.  We are

      15   interested in Mr. Bin Laden's views regarding the developing

      16   Islamic movement in the Middle East as well as the role of

      17   Islamic militants and their attitudes towards U.S. policy in

      18   the region.

      19            "Thank you for your assistance in making this

      20   important project possible.

      21            "Signed, Len Tepper, producer, ABC News."

      22            If we could next display Government Exhibit 594-27,

      23   one of the pages from the outgoing calls for 682505331, and if

      24   we could focus on the bottom three calls and highlight those.

      25   And the very last call, 7/29/98, 07:10:25, call from

                                                                    3482

       1   6823505331 to 55441812084411, and then if we could next

       2   display Exhibit 593-7 -- excuse me, 593-9, and reading from

       3   the top, "Add Minutes Transaction Order," if we could focus on

       4   the date there.  I think I can read a date 7/30/98 and if we

       5   could pull up the next page, -10, 593-10 --8, and at the top

       6   ATT calling Marilyn Morelli, fax 516-586-5531, subject adding

       7   400 min. to terminal number 6015000230 from Ziyad Khalil.  And

       8   if we could focus at the bottom, right exactly from there

       9   down, "Please try to finish this before noon.  Thank you very

      10   much."  Signed, Ziyad Khalil, 4/13/98 crossed out.  Next to

      11   that, 8:48 a.m.  Below 4:13/98 reads 7/30/98, 8:50 a.m.

      12            And next if we could display Exhibit 1501-A, and this

      13   is the print-out from the Casio about which there was a

      14   stipulation before lunch, and if we could focus on the fourth

      15   or fifth, Abo Abdulla, and there's three "at" signs.  Next to

      16   that reads 00873682505331, below that fax, and then to the far

      17   right is the number 2.  And then for identification we'll

      18   display Exhibit --

      19            MR. FITZGERALD:  598.

      20            MR. KARAS:  598.

      21            For the record, the Casio was found in Mr. Eidarous's

      22   house.  Car, excuse me.  His car.

      23            Your Honor, at this time the government calls Margot

      24   Hitpas.

      25    MARGOT HITPAS, recalled.

                                                                    3483

       1            THE COURT:  The court reminds you, ma'am, that you

       2   are still under oath.

       3   DIRECT EXAMINATION

       4   BY MR. KARAS:

       5   Q.  If you could just remind us what it is that you do.

       6   A.  I'm a paralegal specialist at the U.S. Attorney's Office

       7   here in Manhattan.

       8            MR. KARAS:  May I approach the witness, your Honor?

       9            THE COURT:  Yes.

      10   BY MR. KARAS:

      11   Q.  Ms. Hitpas, I have shown you what have been marked for

      12   identification as Exhibits 95 and 96.  Can you tell us what

      13   those are?

      14   A.  They are summary charts for telephone calls made on

      15   February 22nd, 1998 and February 23rd, 1998.

      16   Q.  Which exhibit number goes with February 22nd, 1998?

      17   A.  Exhibit No. 95.

      18   Q.  And 96 is from February 23, 1998?

      19   A.  That's correct.

      20   Q.  And can you tell us what telephone records you reviewed

      21   before creating or helping to create this chart?

      22   A.  The telephone records came from on page 3, the listing of

      23   phone numbers.

      24   Q.  And were these telephone records for certain phone

      25   numbers?

                                                                    3484

       1   A.  Yes.

       2   Q.  And can you tell us what phone numbers or what records for

       3   what phone numbers you reviewed before creating this chart?

       4   A.  You want me to say the phone numbers?

       5   Q.  If you could.

       6   A.  682505331, 441812084411, 441812084422, 441817418008,

       7   44956375892 and 44956657875.

       8   Q.  Is that for Exhibit 95?

       9   A.  Yes.

      10   Q.  And for Exhibit 96, did you review the same numbers you

      11   just read out to us?

      12   A.  Yes.

      13   Q.  And were there any additional numbers or records for

      14   additional numbers you reviewed?

      15   A.  Yes, there were.

      16   Q.  What were those?

      17   A.  441812084433, 44956375892, 441819640087 and 441819608904.

      18   Q.  And comparing the calling information that is in the

      19   summary charts 95 and 96, can you tell us whether or not those

      20   are accurate when you compared those to the records for the

      21   phone numbers you just read to us?

      22   A.  Yes, they are.

      23            MR. KARAS:  Your Honor, at this time we offer

      24   Exhibits 95 and 96.

      25            THE COURT:  Received.

                                                                    3485

       1            (Government Exhibits 95 and 96 received in evidence)

       2            MR. KARAS:  If we could display Exhibit 95, please,

       3   and if we could go to page 2 of Exhibit 95.

       4   Q.  Now, the local time column on the far left, what time is

       5   used on this chart for those calls?

       6   A.  Greenwich mean time.

       7   Q.  And the length of call for the -- you see the call that

       8   says 5:49 p.m.?

       9   A.  Yes.

      10   Q.  If you could just read to us the length of call, the

      11   originating number, the originating subscriber, and the number

      12   called and the subscriber called.

      13   A.  The length of call is 30.7 minutes, the originating number

      14   is 441817418008, the originating subscriber is Al-Quds.  The

      15   number called is 873682505331 and the subscriber called is

      16   Ziyad Khalil.

      17            MR. KARAS:  And if we could display Government

      18   Exhibit 93, please, and if we could display page 2 of

      19   Government Exhibit 93.

      20            If we could focus on the bottom down there, Al-Quds

      21   al-Arabi, Volume 9, Issue 3722, Monday, February 23, 1998, and

      22   if we could display Exhibit 93-T.

      23            And just reading the title there, "Al-Quds al-Arabi,

      24   February 23, 1998, Bin Laden, others, signed fatwah to kill

      25   Americans everywhere."  And if we could display Exhibit 96,

                                                                    3486

       1   please, and then page 2.

       2            Your Honor, may I approach the witness?

       3            THE COURT:  Yes.

       4   Q.  Now, Ms. Hitpas, I have shown you what have been marked

       5   for identification as Exhibits 340, 341, 342 and 343.

       6   Generally speaking, can you tell us what those are?

       7   A.  These are also summary charts for phone calls.

       8   Q.  And starting with 340, can you tell us what the number is

       9   that this chart reflects, the outgoing number?

      10   A.  The outgoing phone number is 412 -- excuse me, 512430.

      11   Q.  Can you tell us whether or not you reviewed records for

      12   that number before preparing that chart?

      13   A.  Yes, I did.

      14   Q.  Is the information contained on that chart accurate as

      15   compared to the records you reviewed?

      16   A.  Yes, it is.

      17   Q.  Next, with respect to 341, can you tell us what the

      18   outgoing phone number is for that chart?

      19   A.  The outgoing phone number is 766793.

      20   Q.  Did you review billing records for 766793 before preparing

      21   this chart?

      22   A.  Yes, I did.

      23   Q.  Exhibit 342, what is the outgoing phone number for that

      24   chart?

      25   A.  767437.

                                                                    3487

       1   Q.  Did you review the billing records for 767437 before

       2   preparing that chart?

       3   A.  Yes, I did.

       4   Q.  Now, these first three numbers that you just mentioned, in

       5   what country were these numbers?

       6   A.  Kenya.

       7   Q.  Finally, with respect to Exhibit 343, what is the outgoing

       8   phone number reviewed in that chart?

       9   A.  682505331.

      10   Q.  Did you review the records for 682505331 before preparing

      11   this chart?

      12   A.  Yes, I did.

      13   Q.  With respect to all four charts, is the information

      14   contained in the charts accurate as compared to the records

      15   that you reviewed?

      16   A.  Yes, it is.

      17            MR. KARAS:  Your Honor, at this time we offer

      18   Exhibits 340, 341, 342 and 343.

      19            THE COURT:  Received.

      20            (Government Exhibits 340, 341, 342 and 343 received

      21   in evidence)

      22   BY MR. KARAS:

      23   Q.  If we could display on the Elmo 340, please.  And for the

      24   record, Ms. Hitpas, if you could just read right below where

      25   it says "summary chart."

                                                                    3488

       1   A.  Operated assisted calls from 43 Runda Estates, phone

       2   number 512430.

       3   Q.  And reading along the first row, if you could give us the

       4   date, local time, and the information provided therein.

       5   A.  The date is August 5th, 1998, local time 11:11 p.m.,

       6   length of call 6 minutes, 39 seconds, originating caller,

       7   Khalid Salim, number called 1200578, location called Yemen.

       8   Q.  And the next two calls, if you could just tell us what the

       9   originating caller is listed.

      10   A.  Khalid Salim.

      11   Q.  And the number that is called?

      12   A.  1200578.

      13   Q.  And the location where that is, that number is?

      14   A.  Yemen.

      15   Q.  And for the record, those next two calls are on what date?

      16   A.  August 6th, 1998.

      17   Q.  And if you could read for us the last row.

      18   A.  The date is August 7, 1998, local time is 9:19 a.m.,

      19   length of call, 20 minutes, 43 seconds, originating caller

      20   Khalid S., number called 1200578, location called Yemen.

      21   Q.  If we could display Exhibit 341, please, and if you could

      22   just read for us the line below "summary chart."

      23   A.  Outgoing calls from phone number 766793 located at 11th

      24   Street, Eastleigh.

      25   Q.  And the first call on August 8, if you could read across

                                                                    3489

       1   from there.

       2   A.  The date is August 8, 1998, local time is 12:06 p.m.,

       3   length of call, 1 minute, 4 seconds, number called 1200578,

       4   location called Yemen, subscriber called unknown.

       5   Q.  And the next call?

       6   A.  The date is August 12, 1998, local time is 9:32 a.m.,

       7   length of call 30 seconds, number called 1200578, location

       8   called Yemen, subscriber unknown.

       9   Q.  And if we could display Exhibit 342, if you could read for

      10   us the -- well, if you just tell us the first three calls,

      11   what day do those first three calls listed on that chart,

      12   what's the date on those calls?

      13   A.  August 8, 1998.

      14   Q.  And the first call is to what number?

      15   A.  1200579.

      16   Q.  And the next two calls?

      17   A.  1200578.

      18   Q.  By the way, the call to 579, what's the length of that

      19   call?

      20   A.  18 seconds.

      21   Q.  And the next three calls, what day do those calls take

      22   place?

      23   A.  August 9th, 1998.

      24   Q.  And what is the number called those three times?

      25   A.  1200578.

                                                                    3490

       1   Q.  And finally, the last row.

       2   A.  The date is August 11, 1998, the local time is 8:22 p.m.,

       3   length of call, 50 seconds, number called 1200578.

       4   Q.  And for the record, the location of every call listed on

       5   this chart is what country?

       6   A.  Yemen.

       7   Q.  And finally, if we could display Exhibit 343, and if you

       8   could read for us the line below summary chart, please.

       9   A.  Calls to satellite phone number 682505331 to Yemen number

      10   1200578.

      11   Q.  Does it say calls to or from satellite phone?

      12   A.  Calls from satellite phone.

      13   Q.  And on August 10, if you could just read across that row.

      14   A.  The date is August 10, 1998, local time 4:19 p.m., length

      15   of call, 2.7 minutes, number called 1200578, location called

      16   Yemen, subscriber called unknown.

      17   Q.  By the way, local time it says underneath GMT, does that

      18   mean Greenwich mean time?

      19   A.  Yes, it does.

      20   Q.  The next call on that chart?

      21   A.  The date is August 11th, 1998, local time 5:04 a.m.,

      22   length of call .6 minutes, number called 1200578, location

      23   called Yemen, subscriber unknown.

      24   Q.  And the last call?

      25   A.  The date is August 11th, 1998, local time 11:25 a.m.,

                                                                    3491

       1   length of call .7 minutes, number called 1200578, location

       2   called Yemen, subscriber unknown.

       3   Q.  Now, did you have an opportunity to review all of the

       4   billing records for the phone number 682505331?

       5   A.  Yes, I did.

       6   Q.  Can you tell us, aside from these three calls to that

       7   number 1200578 that are listed here, were there any other

       8   calls from the satellite phone 682505331 to that number in

       9   Yemen aside from these three calls listed here?

      10   A.  There were no other calls.

      11            MR. KARAS:  I have no further questions.

      12            MR. SCHMIDT:  No questions.

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

      14            (Witness excused)

      15            MR. FITZGERALD:  Your Honor, at this time we would

      16   like to display some exhibits.

      17            THE COURT:  Yes.

      18            MR. FITZGERALD:  If we could first display just page

      19   3 of 202A-T on the screen, page 2 at 202A-T, and if we could

      20   just focus on the phone number in the middle of the page

      21   989965.  And if we could just display page 4 -- sorry, yes,

      22   page 4, same exhibit, 202A-T, page 4.

      23            If we could focus on page 4.  This looks like page 5,

      24   go one page before that, and if we could look at -- okay, why

      25   don't we just stay with 989965, and if we could now display on

                                                                    3492

       1   the Elmo Government Exhibit 304, the pop-up phone book seized

       2   by Agent Coleman, and if we could turn to letter S and display

       3   that page on the overhead.

       4            And if we could focus on the fifth entry from the

       5   bottom, next to the word Saad, and reading into the record:

       6   99412 and the last six digits 989965, and if we could also

       7   read the slash next to it as being 955769.

       8            Now if we could close the pop-up phone book and open

       9   it under D and look up Dardaa, and looking at the entry for

      10   Dardaa Liby, six digits 755769.  I'm sorry, I can't read that

      11   well these days, 955769.  There is an unclear letter followed

      12   by 55769.

      13            If we could now display on the Elmo Government

      14   Exhibit 594, 594, the entry for December 5th, 1996 -- display

      15   it as 594, page 2, and focus on the entry, December 5, 1996 at

      16   9:17 all the way across in regard to that and read, the entry

      17   is 99412989965 and the calling number is 682505331.

      18            If we could now display 624J-T and read the letter

      19   dated October 23, 1996.

      20            (Government Exhibit 624J-T read)

      21            MR. FITZGERALD:  This is 624J-T, translation of the

      22   document from the search of Mercy International, and now we

      23   will display 624I-T, another document from the search of Mercy

      24   International that reads:

      25            (Government Exhibit 624I-T read)

                                                                    3493

       1            MR. FITZGERALD:  The government would now like to

       2   display on the Elmo Government Exhibit 623, followed by

       3   Government Exhibit 621, followed by Government Exhibit 634,

       4   just the outside of the exhibit, and 631.  If we could just

       5   remove it from the plastic and show what the outside cover of

       6   the item looks like.

       7            Republic of Yemen passport.  That was Government

       8   Exhibit 631.  If we could show the back of 623 and if we could

       9   lighten it.  Republic Arabe to Egypt, and if we could display

      10   the last item, also from the search of Mercy International,

      11   and I'll read the stamp:  Kenya (106) immigration officer,

      12   Nairobi.

      13            We'll go to back to the computer and display GX4,

      14   page 12, and if we just read into the record under Ihab Ali,

      15   Nawawi and Joseph Kenana, and now if we could display on the

      16   Elmo Government Exhibit 305, black leather organizer with the

      17   Wadih El Hage business card on the inside.

      18            MR. SCHMIDT:  What was that number again, please?

      19            MR. FITZGERALD:  Government Exhibit 305 admitted

      20   during the testimony of Agent Coleman.

      21            If we could display on the Elmo the black organizer

      22   with the card on the inside, and then if we turn two pages and

      23   the first page, if we could focus on the entry for Nawawi, and

      24   reading the address, box 11343, Khobar-Saudi.  If we could

      25   turn to the next page, and reading the entry for Yousef

                                                                    3494

       1   Kenana, Box 11343, Dayton, Texas 76015.

       2            If I could have one moment, your Honor.

       3            (Pause)

       4            MR. FITZGERALD:  I'm going to locate one stipulation,

       5   your Honor.

       6            Your Honor, we'll go back to Government Exhibit 304.

       7   Your Honor, I just need a moment for one stipulation.

       8            (Pause)

       9            MR. FITZGERALD:  I apologize, your Honor, we moved

      10   the order and the one set of documents needed a lead-in by a

      11   stipulation.  If I could just suggest we take the early break

      12   a little early just for a moment.

      13            THE COURT:  There is a stipulation?

      14            MR. FITZGERALD:  There is not a lot left this

      15   afternoon, but I think we need that one document to read

      16   things.

      17            THE COURT:  All right.

      18            MR. FITZGERALD:  I apologize.

      19            THE COURT:  We'll take our mid-afternoon recess.

      20            (Recess)

      21            (Continued on next page)

      22

      23

      24

      25

                                                                    3495

       1            (In open court; jury not present)

       2            MR. FITZGERALD:  We probably have about 15 minutes

       3   before we get to the wiretap.  I think counsel would prefer

       4   that we do the wiretap one last time before we put in the last

       5   five calls.  I think about a quarter of 4 we're done for the

       6   week.

       7            (Continued on next page)

       8

       9

      10

      11

      12

      13

      14

      15

      16

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    3496

       1            (Jury present)

       2            MR. FITZGERALD:  Your Honor, thank you for the

       3   Court's indulgence.  We have a stipulation which I'd like to

       4   read from.  It's Government Exhibit 50.

       5            It is hereby stipulated and agreed by and between the

       6   parties as follows:

       7            1.  Government Exhibit 500 is a true and accurate

       8   copy of a March 1993 hotel record for the Ambassador Hotel in

       9   Nairobi, Kenya, and Government Exhibit 501 is the original

      10   folio card completed for Odeh.  Both of these records may be

      11   admitted in evidence as business records of the Ambassador

      12   Hotel.

      13            Your Honor, I would offer now Government Exhibits 500

      14   and 501.

      15            THE COURT:  Received.

      16            (Government's Exhibits 500 and 501 received in

      17   evidence)

      18            MR. FITZGERALD:  I'll display a page of 501

      19   concerning March 11, 1993 on the Elmo.  Government Exhibit 50

      20   is the stipulation.

      21            THE COURT:  50 is also received.

      22            (Government's Exhibit 50 received in evidence)

      23            MR. FITZGERALD:  This is Government Exhibit 500 and

      24   if we can focus on the entry number 96 in the left column.

      25   I'm just reading Odeh, Mohammed, next to 505, and then the

                                                                    3497

       1   number 1.  Then it says Jordanian, and two lines below the

       2   date is listed as 12/3/993.

       3            Now we'll publish Government Exhibit 501 on the Elmo.

       4   Reading Mohammed Odeh, last name Odeh, first name Mohammed,

       5   home address Aman, Jordan, passport number 424242 and the

       6   arrival date is 12/3/1993.

       7            Returning to the stipulation, Government Exhibit 50

       8   and reading from paragraph 2.

       9            Government Exhibits 502 through 505 are true and

      10   accurate copies of documents provided by defendant Odeh to the

      11   Nyacheki Agency on or about October 1, 1994 at or about the

      12   time that Odeh rented premises in Mombasa, Kenya.

      13            Exhibits 502 through 505 may be admitted in evidence.

      14   At this time, your Honor, we would offer 502 through 505.

      15            THE COURT:  Received.

      16            (Government's Exhibits 502 through 505 received in

      17   evidence)

      18            MR. FITZGERALD:  We would display 503 on the Elmo or

      19   on the computer if it's better.  Just reading the date 5/8/94

      20   received of Mohammed Sadiq Odeh, address PO box 72239NBI.

      21            If we can put that on the left of the screen and

      22   compare that with Government Exhibit 610 on the right side of

      23   the screen, and marked the address seized in the search of

      24   Mercy International underneath Wadia Norman, PO box 72239,

      25   Nairobi, Kenya to Kenya.

                                                                    3498

       1            Next display Government Exhibit 505.  Enlarge that.

       2   If we can just read 25 slash 8 slash 94, line 1.  Lost

       3   Jordanian passport number 424242.  And then below in the lower

       4   right-hand corner a box.  Let's focus on that.  Mohammed Sadiq

       5   Odeh.  Below that a number 71202219 and on the right PO box

       6   722239.

       7            Returning to the stipulation Government Exhibit 50 to

       8   paragraph 3.

       9            Government Exhibits 507 and 508 are true and accurate

      10   copies of a document, a Kenyan identity card of Mohammed Sadiq

      11   Odeh with photographs and fingerprints and Mustafa Ali Elbishy

      12   with photographs and fingerprints.

      13            Government Exhibit 507 and 508 may be admitted in

      14   evidence.  This is 508 on the screen and the name for Mustafa

      15   Ali Elbishy up top and below where it lists mother's name if

      16   we can focus on that, mother's name, Miriam Omar Hasan.  And

      17   if we now display Government Exhibit 507 the name Mohammed

      18   Sadiq Odeh and below under mother's name, Mariam Omar.  If we

      19   could also focus on the ID number, 12773666.

      20            Returning to the stipulation, paragraph 4.

      21            Government Exhibit 509 is a true and accurate copy of

      22   a page of the Nation newspaper dated August 25, 1994.

      23   Government Exhibit 509 may be admitted in evidence.

      24            Paragraph 5.  Government Exhibit 510 is a true and

      25   accurate copy of a page from the Kenyan police occurrence book

                                                                    3499

       1   dated August 24, 1994.  Government Exhibit 510 may be admitted

       2   in evidence.

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

       4   Government Exhibits 509 and 510.

       5            THE COURT:  Received.

       6            (Government's Exhibits 509 and 510 received in

       7   evidence)

       8            MR. FITZGERALD:  If we can display the second page of

       9   Government Exhibit 510 and look at the entry for loss of

      10   passport, if we can scan across the page.  Go to the next page

      11   and look for the passport reference number 424242.  Focus

      12   underneath, enlarge that, and reading Mohammed Sadiq Odeh, box

      13   72239, Nairobi.

      14            If we could look at the next exhibit.  Your Honor, at

      15   this time I would offer the stipulation Government Exhibit 50

      16   in evidence.

      17            THE COURT:  Received.

      18            (Government's Exhibit 50 received in evidence)

      19            MR. FITZGERALD:  If we could now display Government

      20   Exhibit 614, a document seized in the search of Mercy

      21   International.  Enlarge the paragraph of the text.  I hereby

      22   apply to appoint Mohammed -- it reads O-L-I-D-E-H-I-D number

      23   12773666 slash 74 to be my agent handling the affairs of boat

      24   Munawar and taking all responsibilities as most of my time I

      25   will be traveling outside the country.  Please consider my

                                                                    3500

       1   application.  Thanking you in advance.  Yours faithfully,

       2   Mohammed Karama.

       3            We'll now display 650A, another document from the

       4   search of Mercy International.  Just read unregistered

       5   vessel's license, vessel's name, Munawar, owner's name

       6   Mohammed Karama.

       7            Now display 650B.  Enlarge the top which says

       8   M-A-N-A-W-A-R, certificate of registration the boat of

       9   Mohammed Karama.

      10            650C, another document in the search of Mercy

      11   International.  First schedule and name of M-U-M-A-R crossed

      12   out, M-U-N-A-W-A-R.  Name of owner, Mohamed Karama.

      13            Now display 650D.  Reading the vessel's name Munawar.

      14   Owner's name, Mohammed Karama.  Again another document in the

      15   search of Mercy International.

      16            The last document we play today from that search is

      17   650E, another copy of an unregistered vessel's license,

      18   Munawar.  Owner's name, Mohammed Karama.

      19            And from Government Exhibit 50 I'll read one

      20   additional paragraph.

      21            It says:  Government Exhibits 720 through 721 are

      22   true and accurate copies of a telephone book and a receipt

      23   seized by Kenyan and American officials during a search of the

      24   home of Omar Nassir Salim in Mombasa, Kenya on August 17,

      25   1998.

                                                                    3501

       1            Your Honor, the government would offer Government

       2   Exhibits 720 and 721.

       3            THE COURT:  Received.

       4            (Government's Exhibits 720 and 721 received in

       5   evidence)

       6            MR. FITZGERALD:  We would display Government Exhibit

       7   720, a page in this phone book.  Focusing on the top of the

       8   page handwriting M-O-H apostrophe D S-A-D-I-Q.  Underneath

       9   W-A-D-I-A.  Tel. 71202219.

      10            MR. BUTLER:  Your Honor, just a few more

      11   stipulations.  This stipulation has been marked as Government

      12   Exhibit 72 for identification.

      13            It is hereby stipulated and agreed by and between the

      14   parties that if called as a witness, John Paul Mangori, senior

      15   assistant principal immigration officer, Kenyata International

      16   Airport would testify as follows:

      17            Government Exhibit 575 is a true and correct copy of

      18   a Republic of Kenya entry declaration form for passenger

      19   Khalid Salim Saleh Bin Rashid from Yemen, passport number

      20   00139533 for Gulf air flight 713 to Nairobi on August 2, 1998.

      21            It is further stipulated and agreed that Government

      22   Exhibit 575 may be received in evidence at trial.

      23            It is further stipulated and agreed that this

      24   stipulation may be received in evidence as a Government

      25   Exhibit at trial.  The government would move the stipulation

                                                                    3502

       1   exhibit 72 and the referenced exhibit, Government Exhibit 575,

       2   into evidence.

       3            THE COURT:  Received.

       4            (Government's Exhibits 72 and 575 received in

       5   evidence)

       6            MR. BUTLER:  With the Court's permission I'd like to

       7   display Government Exhibit 575.

       8            Note the full address in Kenya listed as the Ramada

       9   Hotel, Nairobi.

      10            The next stipulation has been marked for

      11   identification as Government Exhibit 157, I'm sorry, 151.

      12            It is hereby stipulated and agreed by and between the

      13   parties that if called as a witness Sayed M. Alsha Kelly,

      14   manager Gulf Air, Nairobi, Kenya would testify as follows:

      15            Government Exhibit 576 is a true and correct copy of

      16   the passenger manifest for Gulf Air flight 713 from Abu Dabbi,

      17   United Arab Emirates to Nairobi Kenya on August 2, 1998.

      18            It is further stipulated and agreed that Government

      19   Exhibit 576 may be received in evidence at trial.

      20            It is further stipulated and agreed that this

      21   stipulation may be received in evidence as a Government

      22   Exhibit at trial.

      23            The government would move the stipulation exhibit 151

      24   and the referenced exhibit Government Exhibit 576 into

      25   evidence.

                                                                    3503

       1            THE COURT:  Received.

       2            (Government's Exhibits 151 and 576 received in

       3   evidence)

       4            MR. BUTLER:  If we could just display Government

       5   Exhibit 576 on the Elmo.  If you notice on the first column

       6   about halfway down the page on the passenger manifest is

       7   listed Khalid Salim.

       8            Next stipulation has been marked for identification

       9   as Government Exhibit 73.  It is hereby stipulated and agreed

      10   by and between the parties that if called as a witness an

      11   official of the MP Sha Hospital would testify as follows:

      12            1.  Government Exhibit 579 A is a true and correct

      13   copy of the portion of a record card for a patient named

      14   "Khalid Saleh" maintained by MP Sha Hospital.

      15            2.  Government Exhibit 579B is a true and correct

      16   copy of a list of persons treated at MP Sha Hospital on August

      17   7, 1998 entitled "bomb blast casualties MP Sha Hospital."

      18            It is further stipulated and agreed that Government

      19   Exhibit 579A and 579B may be received in evidence at trial.

      20            It is further stipulated and agreed this stipulation

      21   may be received in evidence as a Government Exhibit at trial.

      22            The government would move the stipulation exhibit 73

      23   and the two exhibits, 579A and 579B into evidence.

      24            THE COURT:  Received.

      25            (Government's Exhibits 75, 579A and 579B received in

                                                                    3504

       1   evidence)

       2            MR. BUTLER:  If we could just show page 2 of 579B on

       3   the Elmo which is the list of treated patients at MP Sha from

       4   August 7.  K Saleh.  And the patient number is 61367.

       5            The next stipulation has been marked for

       6   identification as Government Exhibit 160.

       7            It is hereby stipulate and agreed by and between the

       8   parties as follows:

       9            If called as a witness at trial a law enforcement

      10   officer would testify that he took the fingerprints and palm

      11   prints of Mohammed Rashid Daoud Al-'Owhali on August 27, 1998

      12   in New York, and that Government Exhibits 587A and 587B are

      13   fair and accurate copies of the fingerprint and palm print

      14   cards on which he marked these fingerprints and palm prints.

      15            It is further stipulated and agreed that the

      16   foregoing exhibits are authentic.  It is further stipulated

      17   and agreed this stipulation may be received in evidence as a

      18   Government Exhibit at trial and the government would move the

      19   stipulation, which is Government Exhibit 160, and the two

      20   referenced exhibits, Government Exhibit 578A and B into

      21   evidence.

      22            THE COURT:  Received.

      23            (Government's Exhibits 578A, 578B and 160 received in

      24   evidence)

      25            MR. BUTLER:  The last stipulation, your Honor, has

                                                                    3505

       1   been marked as Government Exhibit 180.

       2            It is hereby stipulated and agreed by and between the

       3   parties that 1 Government Exhibit 568A is the original lease

       4   for the property 43 Runda Estates, Nairobi, Kenya for the

       5   period May 1, 1998 through August 31, 1998.

       6            It is further stipulated and agreed that Government

       7   Exhibit 568A may be received in evidence as a Government

       8   Exhibit at trial.  It is further stipulated and agreed that

       9   this stipulation may be received in evidence as a Government

      10   Exhibit at trial.

      11            The government would offer the stipulation exhibit

      12   180 and the referenced exhibit, Government Exhibit 568A, at

      13   this time.

      14            THE COURT:  Received.

      15            (Government's Exhibits 568A and 180 received in

      16   evidence)

      17            MR. FITZGERALD:  That's it for today, Judge.

      18            THE COURT:  All right, ladies and gentlemen, that's

      19   it for today.  That's it for this week, so that when we

      20   adjourn we are going to adjourn until Monday.

      21            I'm sorry not to have been able to give you more

      22   notice, but as you see what is happening is that a great many

      23   stipulations are being entered which obviate the need to call

      24   live witnesses, and this of course speeds things up

      25   considerably.  Because there are some witnesses who are

                                                                    3506

       1   traveling from far off lands they are not available tomorrow

       2   or Thursday and we'll proceed on Monday.

       3            It is also our expectation that after next week we

       4   may have a break which could be as long as a week, which will

       5   I hope give you an opportunity to take care of some of your

       6   affairs and enjoy the holiday, and give the lawyers and the

       7   Court and opportunity to do some other matters.

       8            Be sure everybody stays well.  I remind you again,

       9   please not to read or listen to anything you may see in the

      10   media about this case, nor discuss this case with anyone.  I

      11   hope you have a pleasant respite from your business as a juror

      12   and we'll resume again Monday morning.

      13            Thank you.

      14            (Continued on next page)

      15

      16

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    3507

       1            (Jury not present)

       2            THE COURT:  We're adjourned until Thursday at 10 a.m.

       3   at which time we'll take up the matters raised by Al-'Owhali's

       4   subpoenas, and the matters that were left with Mr. Schmidt

       5   concerning timing.

       6            A letter from a juror says:  Thank you for your

       7   constant consideration of the jurors' needs.  Your effort to

       8   expedite the trial is appreciated by all I am sure.  I do have

       9   a request, however.  I am finding the delivery of the

      10   information from various stipulations and numerous documents,

      11   especially letters, phone numbers, names and addresses to be

      12   much too rapid for me to record on paper and store in my mind,

      13   have something overly detail.

      14            This is the only trial I've ever been on, but could

      15   you ask the prosecutors to slow down in reading the kind of

      16   information listed above and leave the exhibits on the screen

      17   a bit longer.  Thank you very much.

      18            PS.  If you feel the details of these stipulations

      19   are something I need not be overly concerned about considering

      20   these, then proceed as is.

      21            (Laughter)

      22            Well, you know I have noticed that there are three or

      23   four jurors who are taking notes and have been attempting to

      24   record telephone numbers and so on.  The stipulations which

      25   have these numbers are in evidence and I would suggest that on

                                                                    3508

       1   Monday morning I will tell them that the stipulations -- I

       2   feel like Price Waterhouse is handing me the envelopes -- that

       3   they will be able to see the stipulations if they request

       4   during their deliberations.  They laugh at it, but it is a

       5   reflection of how conscientious the jurors are.

       6            The next note is from a juror who has just received

       7   his master's degree and would like to attend the commencement

       8   ceremony being held on Thursday May 10th from 9:30 to 12.

       9            Would it be possible to begin the court session later

      10   in the day?  I'd be willing to leave the commencement at 11:30

      11   a.m. to be able to be in time for court.  I totally understand

      12   if you decide not to grant my request.

      13            Anybody object to the request being granted?  We will

      14   grant the request.  We're adjourned until Thursday 10 a.m.

      15   Those who are not involved in either the Al-'Owhali subpoenas

      16   or the discovery matters that Mr. Schmidt raised may absent

      17   themselves if they wish.

      18            (Adjourned to 10 a.m., Thursday, March 29, 2001)

      19

      20

      21

      22

      23

      24

      25

                                                                    3509

       1                        INDEX OF EXAMINATION

       2   Witness                    D      X      RD     RX

       3   PAUL WILLIAMS...........3397   3406    3412

       4   DAVID FREDERICK MAY.....3414   3419

       5   STEPHEN CHARLES GREGORY.3422   3433

       6   KEITH RICHARD ASMAN.....3437

       7   NOEL THOMAS FEENY.......3451

       8   GARY WILLIAM CLUBB......3456   3463

       9   PETER JAMES WILLIAMS....3475

      10   MARGOT HITPAS...........3482

      11                        GOVERNMENT EXHIBITS

      12   Exhibit No.                                     Received

      13    1502, 1503, 1504, 1505, 1506, 1507, 1508,

      14    1509, 1510, 1511, 1512, 1513, 1514, 1515A,

      15    1515B, 1516, 1517, 1518, 1519, 1520,

      16    1522, 1523, 1524, 1525, 1526A and B,

      17    and 1527 ...................................3398

      18    98 .........................................3401

      19    1540 .......................................3416

      20    1541 .......................................3417

      21    1542 .......................................3419

      22    1555 and 1556 ..............................3426

      23    1557A, 1557B, 1557C, 1557D, 1557E

      24    and 1557-P .................................3427

      25    1558 and 1558-P ............................3430

                                                                    3510

       1    1561 .......................................3431

       2    1562 .......................................3432

       3    1563 .......................................3433

       4    1559 .......................................3439

       5    1576A and 1576B ............................3455

       6    1579 .......................................3458

       7    1580 .......................................3459

       8    1575A through G ............................3461

       9    161 and exhibits 1581 through 1591

      10    and 1593 to 1594 ...........................3466

      11    162 and 1595 and 1596 ......................3467

      12    163 and 1577 ...............................3468

      13    164, 1550, 1551, 1552 and 1553 .............3469

      14    165 and 1501A ..............................3470

      15    166 and 1626, 1626A, through D .............3470

      16    167, 1531, 1543, 1556-LP, 1558-LP, 1500-LP

      17    and 1557A-LP through 1557E-LP ..............3472

      18    1532, 1533, 1534, 1535 and 1536 ............3476

      19    95 and 96 ..................................3484

      20    340, 341, 342 and 343 ......................3486

      21    500 and 501 ................................3495

      22    50 .........................................3495

      23    502 through 505 ............................3496

      24    509 and 510 ................................3498

      25    50 .........................................3498

                                                                    3511

       1    720 and 721 ................................3500

       2    72 and 575 .................................3501

       3    151 and 576 ................................3502

       4    75, 579A and 579B ..........................3502

       5    578A, 578B and 160 .........................3503

       6    568A and 180 ...............................3504

       7

       8

       9

      10

      11

      12

      13

      14

      15

      16

      17

      18

      19

      20

      21

      22

      23

      24

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