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

This is the transcript of Day 18 of the trial, 14 March 2001.

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

                                                                    2578

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

       3   UNITED STATES OF AMERICA

       4              v.                           S(7) 98 Cr. 1023

       5   USAMA BIN LADEN, et al.,

       6                  Defendants.

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

       8
                                                   New York, N.Y.
       9                                           March 14, 2001
                                                   9:50 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

                                                                    2579

       1                            APPEARANCES

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

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

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

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

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    2580

       1            (Trial resumed)

       2            (Jury not present)

       3            THE COURT:  While we are waiting for the jury to

       4   assemble --

       5            MR. WILFORD:  Excuse me, your Honor.  There is no

       6   attorney for Mr. Al-'Owhali.

       7            THE COURT:  I think this can fairly be done in his

       8   absence.  I have been looking at the requests to charge just

       9   very preliminarily, and I see that there is a request to

      10   charge as to aiding and abetting with respect to the use and

      11   carrying of a weapon.  I have just sort of been brooding about

      12   whether you can aid and abet -- does weapon here include

      13   firearms?

      14            MR. FITZGERALD:  It is defined to include a bomb.

      15            THE COURT:  Yes, but not a pistol?

      16            MR. FITZGERALD:  It is with reference to the bomb,

      17   not the pistol.

      18            THE COURT:  Only to the bomb?

      19            MR. FITZGERALD:  Yes.

      20            THE COURT:  All right.  So we are missing counsel for

      21   Al-'Owhali.  It isn't 10:00.

      22            (Pause)

      23            THE COURT:  Let's bring in the jury, please.  The

      24   next witness can take the stand.  Is the Odeh closing motion

      25   fully submitted?

                                                                    2581

       1            MR. RICCO:  It is fully submitted.

       2            MR. FITZGERALD:  Your Honor, there are a number of

       3   witnesses who do not wish to be sketched.  I think we have

       4   handed up a list.  I think all the nonlaw enforcement

       5   witnesses prefer not to be sketched.  The law enforcement

       6   witnesses start with Schumaker.  So I think it is Mitsugi,

       7   Sultan, Sadaalli, Kisingo, Rashid, Said, Salum, Hamisi,

       8   Selemani, and Salum do not wish to be sketched.  I will hand

       9   spellings to the court reporter.

      10            THE COURT:  I don't know if sketch artists are in the

      11   courtroom, but please advise them.

      12            MR. BAUGH:  Your Honor, I apologize.  I had an

      13   argument on the telephone with the Court of Appeals in

      14   Virginia at 9.

      15            THE COURT:  Thank you.

      16            (Jury present)

      17            THE COURT:  Good morning again.  The government may

      18   call its first witness.

      19            MR. KARAS:  Good morning, your Honor.  The government

      20   calls Satoshi Mitsugi.

      21    SATOSHI MITSUGI,

      22        called as a witness by the government,

      23        having been duly sworn, testified as follows:

      24            (Interpreter Eugene Nakada was previously sworn as

      25   the Japanese interpreter.)

                                                                    2582

       1   DIRECT EXAMINATION

       2   BY MR. KARAS:

       3   Q   Good morning, sir.

       4   A   Good morning.

       5   Q   Can you tell us how you are employed currently.

       6   A   Currently at Daimler Chrysler in Japan.

       7   Q   What do you do for Daimler Chrysler in Japan?

       8   A   I am involved in fleet sales of vehicles, commercial

       9   vehicles.

      10   Q   Before you worked for Daimler Chrysler, where did you

      11   work?

      12   A   I worked for Nissan Diesel Motor Company.

      13   Q   Can you tell us about your educational background.

      14   A   In 1978, I graduated from the Hokkaido University.  I

      15   majored in mechanical engineering.

      16   Q   Did you start working for Nissan after you graduated from

      17   the university?

      18   A   Yes, since 1978.

      19   Q   When did you stop working for the Nissan company?

      20   A   In the year 2000.

      21   Q   Between 1978 and 2000, can you tell the jury what you did

      22   for the Nissan company.

      23   A   From 1978 I was involved in the research and development

      24   department of diesel engines.  From 1982 I was the processing

      25   engineer at the assembly plant of diesel engines.

                                                                    2583

       1   Q   Can you tell us a little bit more about what you did for

       2   Nissan.

       3   A   From 1986 I was involved as a processing engineer of

       4   export models of vehicles.  From 1996 I was assigned to the

       5   Nissan Diesel Company at Dallas, Texas, where I was involved

       6   in service, technical service matters.

       7   Q   In the course of your work for Nissan, did you become

       8   familiar with a model called the Nissan Atlas?

       9   A   Yes.

      10   Q   Can you tell us what a Nissan Atlas is?

      11   A   A payload has two tons.  It has a diesel engine and what

      12   we call cab-over configuration.

      13   Q   Is it a truck?

      14   A   Yes.

      15   Q   May we display just for the witness and counsel, please,

      16   Exhibit 1175.  Mr. Mitsugi, if you could look at the screen to

      17   your left and tell us what that is a picture of?

      18   A   It's a 2-ton Nissan Atlas truck.

      19   Q   Is that a fair and accurate depiction of a Nissan Atlas

      20   model around 1987?

      21   A   Yes.

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

      23   1175.

      24            MR. WILFORD:  No objection.

      25            THE COURT:  Received.

                                                                    2584

       1            (Government's Exhibit 1175 received in evidence)

       2   Q   Mr. Mitsugi, if you could just tell us what is at the top

       3   of the container, the front top of the container?

       4   A   Appears to be part of a refrigeration equipment.

       5   Q   Was the Nissan Atlas designed so that it could be used as

       6   a refrigeration unit, refrigeration truck?

       7   A   Yes, it was.

       8   Q   Mr. Mitsugi, did there come a time that you were asked by

       9   officials from the Federal Bureau of Investigation to inspect

      10   some vehicle parts?

      11   A   Yes.  It was the spring of 1999 when I came to Washington.

      12   Q   Did you go to the FBI laboratory?

      13   A   Yes.

      14   Q   Were you able to identify from the pieces that you

      15   observed pieces that belonged to a Nissan vehicle?

      16   A   Yes, I was able to.

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

      18   1175 to everybody, 1175A.

      19   Q   Mr. Mitsugi, on the screen is displayed in evidence 1175A.

      20   Can you tell us what that is a picture of?

      21   A   The question is, should I mention who helped me work on

      22   this project?

      23   Q   If you could just tell us what it is that is depicted on

      24   this picture, based on what you know.

      25   A   These are Atlas components and parts that I picked out

                                                                    2585

       1   from a stack of automobile components.

       2            MR. KARAS:  Your Honor, may I ask that the witness be

       3   allowed to step down and approach the table?

       4            THE COURT:  Yes.

       5   Q   Mr. Mitsugi, if you will, if you could step down here.  I

       6   believe, sir, there is a pair of gloves, if you would like.

       7            Mr. Mitsugi, if you could just pick up that frame

       8   piece that is just to your left.  Yes.  Sir, if you could tell

       9   us what that is, which for the record is Government's Exhibit

      10   1116.

      11   A   This belongs to an Atlas front right.

      12   Q   When you say front right side, where in the vehicle would

      13   it have been?  Is it a front chassis piece, frame piece?  What

      14   is it?

      15   A   This is part of a frame.

      16   Q   How is it that you are able to recognize that as a part of

      17   an Atlas?

      18   A   We have the part number stamped on the middle which

      19   indicates that it is an Atlas component.

      20   Q   Can you just read out what the part number is that is on

      21   that piece.

      22   A   MH40060500.

      23   Q   Can you tell us what the MH40 represents.

      24   A   M, the first letter M stands for diesel engine.  H40 means

      25   that it is an Atlas.

                                                                    2586

       1   Q   And the remaining numbers symbolize what?

       2   A   The rest is the production serial number.

       3   Q   If you could take a look at what has been marked as

       4   Government's Exhibit 1114.  Can you tell us what that piece

       5   is, sir.

       6   A   This is a part of a cylinder block of an engine.

       7   Q   Is there any identifying information on that piece that

       8   tells you what type of engine that the cylinder block goes

       9   with?

      10   A   It shows the model number and the serial number.

      11   Q   Based on that model and serial number, can you tell us

      12   what type of engine goes with that piece?

      13   A   3.3-liter, 4-cylinder diesel engine.

      14   Q   Can you tell us whether or not that is the type of engine

      15   that was used in a Nissan Atlas around 1987?

      16   A   As I mentioned earlier, it says M on the chassis, and that

      17   refers to this engine, which is the diesel engine.

      18   Q   Thank you.  You can put those down.

      19            Over here, the rear axle piece that is marked, for

      20   the record, as Government's Exhibit 1126, can you tell us if

      21   you recognize that piece?

      22   A   This is called a rear axle housing, and this is on the

      23   left side.

      24   Q   Is it the type of piece that was used in a Nissan Atlas in

      25   1987?

                                                                    2587

       1   A   Yes.

       2   Q   Just so the right of that, yes, which, for the record is

       3   marked as Government's Exhibit 1119, can you tell us -- if you

       4   could lift that up and show the jury and tell them what kind

       5   of piece that is.

       6   A   This is a disk wheel.

       7   Q   Can you tell whether or not it is the front or rear wheel?

       8   A   It's hard to identify because front and rear are the same.

       9   Q   Can you tell how it is that you know that was the type of

      10   wheel that was used in a Nissan Atlas?

      11   A   Here is a part number is stamped, the size is stamped.

      12   That's how I can tell.  It shows that it is 16-inch.

      13   Q   Finally, Mr. Mitsugi, do you see an engine block?

      14   A   That is it.

      15   Q   For the record, that should be Exhibit 1121.

      16   A   Yes.

      17   Q   Can you tell whether or not that is the type of engine

      18   block that was used in a Nissan Atlas in around 1987?

      19            THE COURT:  I believe the witness nodded his head.

      20   The answer to the last question is?

      21   A   Could you repeat the question one more time.

      22   Q   Sure.  The engine block that you just viewed, Mr. Mitsugi,

      23   is that the type of engine block that was used in a 1987

      24   Nissan Atlas?

      25   A   Yes.

                                                                    2588

       1            MR. KARAS:  Thank you.

       2            THE COURT:  Anything further of this witness?  Mr.

       3   Wilford, on behalf of the defendant Odeh.

       4   CROSS-EXAMINATION

       5   BY MR. WILFORD:

       6   Q   Good morning, Mr. Mitsugi.

       7   A   Good morning.

       8   Q   How are you doing?

       9   A   Good.

      10            MR. WILFORD:  Would the government be kind enough to

      11   display 1175.

      12   Q   Looking at 1175, the area over the bed of the truck, the

      13   container portion, the cargo portion, that container is made

      14   of metal; isn't that correct?

      15   A   Container, the container portion was not manufactured by

      16   Nissan company, so I could not determine from this drawing.

      17   Q   Does Nissan manufacture trucks that have, Atlas trucks

      18   that have a container?

      19            THE INTERPRETER:  Could you kindly repeat that.

      20   Q   Yes.  Does Nissan manufacture Atlas trucks that have a

      21   container?

      22   A   I can say that the Nissan truck itself and the truck bed

      23   is manufactured by Nissan, but the body -- the container is

      24   manufactured by some other manufacturer.

      25   Q   So that's an after-market add-on, it is something that the

                                                                    2589

       1   purchaser would put on himself?

       2   A   There are many ways that is done.  Some will install, buy

       3   the truck and install the container on their own after market,

       4   or they can ask us to install a certain particular model

       5   container.

       6   Q   When you are asked to install a container and Nissan

       7   installs a container, what is the material that the container

       8   is constructed of?

       9   A   Judging just from the drawing we have here, it appears to

      10   be a refrigerator container and refrigerator container body,

      11   usually made by aluminum.

      12   Q   Aluminum is a rather lightweight metal; isn't that

      13   correct?

      14   A   Yes.

      15   Q   And the parts that you described on the table here that

      16   are in evidence, parts of the truck, for instance, the frame

      17   and this portion of the wheel, they are all constructed from

      18   much heavier, denser metals; isn't that correct?

      19   A   Yes.

      20            MR. WILFORD:  Thank you.  Nothing further.

      21            THE COURT:  Anything further of this witness?

      22            MR. KARAS:  No, your Honor.

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

      24            (Witness excused)

      25            THE COURT:  The government may call its next witness.

                                                                    2590

       1            MR. KARAS:  Your Honor, at this time the government

       2   would play the video that is marked as Government's Exhibit 84

       3   that was put in evidence after the reading of the stipulation

       4   yesterday.

       5            (Government's Exhibit 84 in evidence played)

       6            MR. KARAS:  Your Honor, at this time I would like to

       7   read what has been marked for identification as a stipulation

       8   marked as Exhibit 54.  It is hereby stipulated and agreed by

       9   and between the parties as follows:

      10            1.  If called as a witness, N.N. Pallangyo would

      11   testify as follows:

      12            A.  He is a medical doctor who received his medical

      13   degree in 1971 from Kampala Makerere University.  From 1971

      14   until 1976, Dr. Pallangyo worked for the Ministry of Health in

      15   Dar es Salaam, Tanzania, where he occasionally performed

      16   autopsies.  In 1981, Dr. Pallangyo received a degree in

      17   forensic pathology from the University of London.  Since 1981,

      18   Dr. Pallangyo has been employed by the Tanzanian Ministry of

      19   Health as a medical examiner.  In his duties as a medical

      20   examiner, Dr. Pallangyo performs autopsies on corpses to

      21   determine the cause of death.  In his 20 years as a medical

      22   examiner, Dr. Pallangyo has examined persons who were killed

      23   by explosive devices.

      24            B.  Between August 7 and August 11, 1998,

      25   Dr. Pallangyo was asked to perform autopsies on 10 individuals

                                                                    2591

       1   at the Muhimbili Medical School in Dar es Salaam, Tanzania.

       2   In summary, all the persons listed below were determined to

       3   have to have been killed by injuries resulting from a bombing.

       4            C.  The bodies examined by Dr. Pallangyo were

       5   identified by family members as the following individuals:

       6            Abdurahman Abdulla, age 29, male.

       7            Elias Elisha, age 25, male.

       8            Hassan Siyad Halane, age 39, male.

       9            Ramadhani Mahundi, age 45, male.

      10            Abdhallah Mohamed, age 34, male.

      11            Abas William Mwila, age 34, male.

      12            Shamte Yusuph Ndange, age 50, male.

      13            Omari Yusufu Nyumbu, age 21, male.

      14            Mtendeje Rajabu, age 31, female.

      15            Dotto Selemani, age 27, male.

      16            2.  The individuals listed above were found within or

      17   in the vicinity of the United States Embassy located at 40

      18   Laibon Road, Dar es Salaam, Tanzania, during the late morning

      19   of August 7, 1998.

      20            3.  Forensic examination has determined that a person

      21   identified as Said Rogathi, a male, also perished in the

      22   vicinity of the United States Embassy during the morning of

      23   August 7, 1998.

      24            A copy of the forensic report detailing the analysis

      25   has been marked as Government's Exhibit 1171.

                                                                    2592

       1            If called to testify as a witness, other doctors from

       2   Dar es Salaam, Tanzania, would testify that approximately 85

       3   persons who were in the vicinity of the American Embassy in

       4   Dar es Salaam, Tanzania, during the morning of August 7, 1998,

       5   were injured as a result of a large explosion.

       6            Your Honor, the government moves Exhibit 54 into

       7   evidence.

       8            (Government's Exhibit 54 received in evidence)

       9            MR. KARAS:  Next, your Honor, is a stipulation marked

      10   for identification as Exhibit 55.  It is hereby stipulated and

      11   agreed by and between the parties that the following persons

      12   killed in the bombing of the American Embassy in Dar es

      13   Salaam, Tanzania, on August 7, 1998, were officers or

      14   employees of the United States government engaged in the

      15   performance of official duties within the meaning of Title 18,

      16   United States Code, section 1114.  Shamte Yusuph Ndange and

      17   Said Rogathe.

      18            At this time, your Honor, we move Exhibit 55 into

      19   evidence.

      20            THE COURT:  Received.

      21            (Government's Exhibit 55 received in evidence)

      22            MR. KARAS:  At this time, your Honor, the government

      23   calls Mohamed Sultan.

      24            (Continued on next page)

      25

                                                                    2593

       1    MOHAMED ZAIDI,

       2        called as a witness by the government,

       3        having been duly sworn,

       4        testified through the interpreter, as follows:

       5   DIRECT EXAMINATION

       6   BY MR. KARAS:

       7   Q   Good morning, sir.

       8   A   Good morning.

       9   Q   Can you tell us what country you're from?

      10   A   Tanzania.

      11   Q   And in what city do you live?

      12   A   Dar es Salaam.

      13   Q   What kind of business are you in, sir?

      14   A   Small business.  My occupation mostly the driver is a

      15   driver.

      16   Q   Back in 1998 were you also in business for yourself?

      17   A   Yes.

      18   Q   And as part of your business did there come a time that

      19   you purchased a Nissan truck?

      20   A   Yes.

      21   Q   Can you tell us when approximately you purchased that

      22   truck?

      23   A   June 17, 1998.

      24   Q   And can you tell us, if you remember, how much you paid

      25   for that truck?

                                                                    2594

       1   A   Tanzania shilling 3,500,000.

       2   Q   For what specific purpose did you purchase the truck?

       3   A   To help me to do which is more business with my family.

       4   Q   Do you recall the registration number of the truck, the

       5   license plate number?

       6   A   Yes.

       7   Q   What was it?

       8   A   SL6134.

       9   Q   Can you describe what the truck looked like?

      10   A   Yes.  I have covered and was a cabin and the box board in

      11   the back and was like a fridge.

      12   Q   Did there come a time, sir, that you sold that truck?

      13   A   Yes.

      14   Q   Do you remember what month that was?

      15   A   It was July.

      16   Q   Of what year?

      17   A   1998.

      18   Q   How many people did you sell the truck to?

      19   A   Two people.

      20   Q   How many days did the transaction take to be completed?

      21   A   Two days.

      22   Q   Can you tell us what happened on the first day of the

      23   transaction?

      24   A   The first day I took $500 deposit from them.

      25   Q   Where did you meet them?

                                                                    2595

       1   A   I met them at the Masamal, that's where I was doing my

       2   business.

       3   Q   That a section within Dar es Salaam?

       4   A   Yes.

       5   Q   Can you tell us whether or not the truck needed any

       6   mechanical work that day?

       7   A   Yes.

       8   Q   What type of work was done on the truck that day?

       9   A   The brake system.

      10   Q   And you mentioned earlier something about $500.  Can you

      11   tell us what that was?

      12   A   Well, the deposit for them to sell the car that next day

      13   we can finish our transaction.

      14   Q   At that time was there an agreed to price for the truck?

      15   A   Yes.

      16   Q   What was the agreed to price?

      17   A   Tanzanian shilling, 4,300,000 shillings.

      18   Q   You mentioned that everybody had agreed to meet the next

      19   day?

      20   A   Yes.

      21   Q   Can you tell us what happened on the next day?  Were you

      22   able to meet them?

      23   A   I met them, but not the right time.

      24   Q   Did you go to the place where you thought you were going

      25   to meet them?

                                                                    2596

       1   A   Yes.

       2   Q   And were they there?

       3   A   No.

       4   Q   What did you do to try to find them?

       5   A   I saw the person who was introduced me to this people

       6   who's like a broker.

       7   Q   And what did you and the broker do?

       8   A   We left there and went somewhere where we were hoping we

       9   would find them.

      10   Q   An where did you go?

      11   A   We went to area of Teracu at the area of which one of them

      12   was doing some business there.

      13   Q   Teracu is a section within Dar es Salaam?

      14   A   Yes.

      15   Q   Was the person you were looking for at that business

      16   location?

      17   A   No, we didn't find them.

      18   Q   So then what did you and the broker do?

      19   A   We went to one of the house to which we knew that that's

      20   the house where that person lived one of them.

      21            MR. KARAS:  At this time if we could display for the

      22   witness and counsel exhibit 1300.

      23   Q   Mr. Zaidi, if you can take a look to your left there on

      24   the screen and tell us whether or not you recognize that

      25   picture?

                                                                    2597

       1   A   Yes.

       2   Q   What is that a picture of?

       3   A   This is a house we went to look for one of the guys who

       4   came over to see us.

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

       6   Government Exhibit 1300.

       7            MR. RUHNKE:  No objection.

       8            (Government's Exhibit 1300 received in evidence.

       9   Q   Did you find the person were you looking for there?

      10   A   No.

      11   Q   So what did you and the broker do next?

      12   A   The broker told me, let's go to the hotel.  One of them

      13   was living at the hotel.

      14   Q   Do you remember the name of the hotel you went to?

      15   A   Yes.

      16   Q   What was the name of the hotel?

      17   A   Al Noor.

      18   Q   Did you find the two people you were looking for there?

      19   A   No.

      20   Q   What do you do next?

      21   A   The broker went in other area to look for these people and

      22   myself I went to the mechanic to look for them when we were

      23   fixing the car before that day.

      24   Q   And did one of the prospective buyers eventually show up

      25   at the mechanic?

                                                                    2598

       1   A   Yes.

       2   Q   Then what happened?

       3   A   We came to the hotel to finish our transaction.

       4   Q   Did you find the second person involved in the

       5   transaction?

       6   A   Yes.

       7   Q   Now, did there come a time that you learned the names of

       8   one of the buyers?

       9   A   Yes.

      10   Q   And what was the name you learned?

      11   A   Ahmed.

      12   Q   Was Ahmed tall or short?

      13   A   Short.

      14   Q   The other person, did you learn his name?

      15   A   No.

      16   Q   And was he tall or short?

      17   A   Tall.

      18   Q   Where did you complete the transaction?

      19   A   Right there at the Hotel Al Noor.

      20   Q   I'm sorry, at the Al Noor Hotel?

      21   A   At Al Noor Hotel.

      22   Q   Where within the Al Noor Hotel did you complete the

      23   transaction?

      24   A   Inside the room.

      25   Q   Do you remember which room?

                                                                    2599

       1   A   Yes.

       2   Q   What room?

       3   A   Number 24.

       4   Q   Did the room belong to the tall person or the short

       5   person?

       6   A   It was a room looked like for the tall guy.

       7   Q   What happened inside the tall guy's room?

       8   A   We wrote the contract to buy, to finish our transaction to

       9   buying the truck.

      10   Q   Did you receive the rest of the money that you had, that

      11   was part of the agreed to price?

      12   A   I was given not exactly at the right time.  I was given at

      13   the later time.

      14   Q   Can you tell us what you mean by the later time?

      15   A   When they was writing the contract I was told that there

      16   is no, not enough money to cover the whole transaction, other

      17   money is going to get the next day.

      18   Q   And then what happened?

      19   A   I told them if the transaction not going to be completed

      20   today don't give me all the money, then the business is over,

      21   give me back my truck.

      22   Q   And did the rest of the money show up?

      23   A   Yes.

      24   Q   Can you tell us how that came about?

      25   A   That tall guy told me, wait, let me ask another person

                                                                    2600

       1   outside.  Before even he left, someone knock the door.  He

       2   didn't even go outside the door and money hand to hand, didn't

       3   even see the guy on the other side of the door.

       4   Q   Did you get the rest of your money?

       5   A   Yes.

       6   Q   Did you ever get a copy of the sales contract?

       7   A   No.

       8            MR. KARAS:  If we could display just to the witness

       9   and counsel only, please, exhibit 123.

      10   Q   Sir, if you could look to the screen at your left and tell

      11   us whether or not you recognize the person in that picture?

      12   A   Yes.

      13            MR. KARAS:  For the record, your Honor, that exhibit

      14   is already in evidence.  If we can display it to the jury.

      15            Your Honor, at this time we have a stipulation among

      16   counsel that that is picture of Sheik Ahmed Salim Swedan and

      17   that is the same person who bought the Toyota Dyna truck in

      18   Mombasa from Said Salim Omar.

      19            MR. RUHNKE:  That's correct, Judge.

      20            THE COURT:  So stipulated.

      21            MR. KARAS:  If we can display to the witness and to

      22   counsel only exhibit 125.

      23   Q   Sir, do you recognize the person in that picture?

      24   A   Yes.

      25   Q   Who is that person?

                                                                    2601

       1   A   Ahmed.

       2   Q   Was he the tall one or the short one?

       3   A   Short.

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

       5   Government Exhibit 125.

       6            THE COURT:  Received.

       7            (Government Exhibit 125 received in evidence)

       8            MR. KARAS:  No further questions.

       9            THE COURT:  Mr. Ruhnke on behalf of the defendant KK

      10   Mohamed.

      11   CROSS-EXAMINATION

      12   BY MR. RUHNKE:

      13   Q   Good morning, sir.

      14   A   Fine.

      15   Q   As I gather your testimony you first bought this Nissan

      16   Atlas in June of 1998 and sold it again about a month later;

      17   is that correct?

      18   A   Yes.

      19   Q   You bought it from a friend in the business who gave you a

      20   very good price; is that correct?

      21   A   Yes.

      22   Q   And you were to go into the fishing business but you were

      23   never able to get together what you needed.  Is that correct?

      24   A   Yes.

      25   Q   And so through the transaction that you've described you

                                                                    2602

       1   met some people through your broker friend who was willing to

       2   buy the truck from you in July.  Correct?

       3   A   Yes.

       4   Q   And the initial payment they gave you, did you say it was

       5   $500 in United States currency, 500 $1 bills or five $100

       6   bills?

       7   A   Yes.

       8   Q   And who actually handed you the five $100 bills, the tall

       9   man or the short man?

      10   A   Tall.

      11   Q   In Dar es Salaam it's not unusual to pay for things with

      12   United States currency; is that correct?

      13   A   Yes.

      14   Q   At the time this transaction occurred in June and July of

      15   1998, are you aware of the exchange rate between the United

      16   States dollar and the Tanzania shilling?

      17   A   I don't remember exactly but I remember the numbers came

      18   out.

      19   Q   Was it approximately 700 Tanzanian shillings to one US

      20   dollar approximate?

      21            MR. RUHNKE:  The government agrees that's the correct

      22   figure.

      23   A   As I say, I don't remember.

      24   Q   Accepting as the accurate figure being 700 Tanzanian

      25   shillings to one United States dollar, the original price was

                                                                    2603

       1   approximately $5,000, you paid approximately $5,000 for the

       2   truck, 3.45 million Tanzanian shillings?

       3            THE INTERPRETER:  Can you say it again?  Can you

       4   repeat it?

       5            THE COURT:  Repeat the question.

       6            MR. RUHNKE:  I'm sorry.  I did not hear that.

       7   Q   Accepting the exchange rate of 700 Tanzanian shillings

       8   equals one United States dollar, your original price was 3.5

       9   million Tanzanian shillings, correct?  That was the original

      10   price of the truck, what you paid for it?

      11   A   No.

      12   Q   We'll move on.  And you sold the truck for 4.3 million

      13   Tanzanian shillings?

      14   A   Yes, if you put together with $500 deposit.

      15   Q   And this was a transaction that was all conducted in cash;

      16   is that correct?

      17   A   Yes.

      18   Q   Who handed you the physical cash?  Who actually handed you

      19   the cash, the tall man or the short man?

      20   A   Tall.

      21   Q   Did you ask him where he got that money?

      22   A   No.

      23   Q   In addition to the two photographs that you identified did

      24   the FBI and the Tanzanian CID, Tanzanian police show you many,

      25   many photographs?

                                                                    2604

       1   A   Yes.

       2            MR. RUHNKE:  Thank you, sir.  I have no more

       3   questions.

       4            THE COURT:  Anything further?

       5            MR. KARAS:  Just briefly, your Honor.

       6            THE COURT:  Yes, redirect.

       7   REDIRECT EXAMINATION

       8   BY MR. KARAS:

       9   Q   If we could display exhibit 123, please.

      10            Just so we're clear, sir, the person that's depicted

      11   in 123, was he the tall person or the short person?

      12   A   Tall.

      13   Q   And the house that you were shown a picture of on direct,

      14   what was your understanding as to who lived there, the tall

      15   person or the short person?

      16   A   Short.

      17            MR. KARAS:  Nothing further, your Honor.  Thank you.

      18            THE COURT:  Very well.  You may step down.

      19            (Witness excused)

      20            The government may call its next witness.

      21            MR. KARAS:  Your Honor, the government calls Thabit

      22   Saadalla.

      23    THABIT SAADALLA,

      24        called as a witness by the government,

      25        having been duly sworn,

                                                                    2605

       1        testified through the interpreter, as follows:

       2   DIRECT EXAMINATION

       3   BY MR. KARAS:

       4   Q   Good morning, sir.

       5   A   Fine.

       6   Q   What country are you from?

       7   A   Tanzania.

       8   Q   In what city do you live now?

       9   A   New York.

      10   Q   What city do you live in in Tanzania?

      11   A   Dar es Salaam.

      12   Q   Can you tell us what you do for a living in Dar es Salaam?

      13   A   I'm a bus inspector.

      14   Q   What's the name of the bus company you work for?

      15   A   Islam Bus.

      16   Q   For how long have you work for Islam bus?

      17   A   Since August last year.

      18   Q   Before you worked for is Islam Bus, where did you work?

      19   A   Al Noor Hotel.

      20   Q   Is that in Dar es Salaam?

      21   A   Yes.

      22   Q   What exactly did you do at the Al Noor Hotel?

      23   A   Was a receptionist.

      24   Q   Were you a receptionist at the Al Noor Hotel in July of

      25   1998?

                                                                    2606

       1   A   Yes.

       2   Q   Can you tell us some of your duties as a receptionist at

       3   the Al Noor Hotel?

       4   A   Yes.

       5   Q   What were some of the thing you did as a receptionist?

       6   A   I was writing names of all the people that clients coming

       7   in.

       8            MR. KARAS:  If we could show to the witness and to

       9   counsel only exhibit 1456A.

      10            Sir, if you could look to the screen at your left do

      11   you recognize what's in that picture?

      12   A   Yes, Al Noor Hotel.

      13   Q   Is that the front of the Al Noor Hotel?

      14   A   It's in front upper left.

      15            MR. KARAS:  Your Honor, at this time we offer 1456A.

      16            MR. RUHNKE:  No objection.

      17            THE COURT:  Received.

      18            (Government's Exhibit 1456A received in evidence)

      19            MR. KARAS:  If we can display to the witness and to

      20   counsel only 1456F.

      21            Sir, do you recognize what is depicted in 1456F?

      22   A   Yes.  I know the room.

      23   Q   A room at the Al Noor Hotel?

      24   A   Yes.

      25            MR. KARAS:  At this time we offer 1456F.

                                                                    2607

       1            THE COURT:  Received.

       2            (Government's Exhibit 1456F received in evidence)

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

       4            THE COURT:  Yes.

       5   Q   Sir, I placed before you what has been marked as exhibit

       6   1457 and ask you to take a look at it.  Do you recognize that?

       7   A   Yes.

       8   Q   Can you tell us what it is?

       9   A   Was for the clients at the Al Noor Hotel.  Was for clients

      10   in the Al Noor Hotel.

      11   Q   Is that the book where clients would be registered?

      12   A   Yes, that's the book.

      13   Q   What type of information would be put down for each client

      14   before they register?

      15   A   Name, passport number, address, and their occupation.

      16   Q   And that book you have in your hand there, does that cover

      17   the time period of July 1998?

      18   A   Yes.

      19            MR. KARAS:  Your Honor, at this time we offer 1457.

      20            MR. RUHNKE:  No objection.

      21            THE COURT:  Received.

      22            (Government's Exhibit 1457 received in evidence)

      23   Q   Sir, can you go to the week of July 24th in that book.

      24   A   Yes.

      25   Q   Do you see a entry there for a Sheha Ahmed?

                                                                    2608

       1   A   Yes.

       2   Q   And can you tell us how many days that person stayed at

       3   the Al Noor Hotel?

       4   A   Yes, one week.

       5            MR. KARAS:  If we could display exhibit 123 which is

       6   already in evidence.

       7            THE COURT:  Yes.

       8   Q   Sir, do you recognize the person that's depicted on the

       9   screen there?

      10   A   Yes.

      11   Q   Who is that person?

      12   A   Sheha Ahmed.

      13   Q   Is that the person whose name appears in the registry book

      14   that you just mentioned?

      15   A   Yes.

      16   Q   Can you tell which one of the rooms that the person in

      17   that picture stayed in at the Al Noor Hotel?

      18   A   24.

      19   Q   Do you recall, sir, whether or not that person had any

      20   visitors during the week he stayed at the Al Noor Hotel?

      21   A   Yes.

      22            MR. KARAS:  If we could display 125.

      23   Q   Would you take a look at the screen.  Do you recognize the

      24   person in exhibit 125?

      25   A   Yes.

                                                                    2609

       1   Q   Can you tell us who that is?

       2   A   He's one of the person who was visiting Sheha Ahmed.

       3   Q   Before that person visited Sheha Ahmed had you recognized

       4   that person?

       5   A   Yes, I was seeing some time.

       6   Q   Can you tell us what mode of transport he used to come

       7   visit the Al Noor Hotel?

       8   A   Was usually bicycle.

       9            MR. KARAS:  No further questions.

      10            THE COURT:  Mr. Ruhnke on behalf of the defendant KK

      11   Mohamed.

      12   CROSS-EXAMINATION

      13   BY MR. RUHNKE:

      14   Q   Good morning, sir.

      15            Just one quick question for you.  You made reference

      16   to the fact that the man who visited came there on a bicycle.

      17            Do you remember the kind of bicycle that was a

      18   mountain-type bike, a lot of gears?  Do you remember that

      19   about the bike?

      20   A   It's a long time, but I think it was a mountain.

      21            MR. RUHNKE:  Thank you, sir.  No more questions.

      22            MR. KARAS:  Nothing further, your Honor.

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

      24            (Witness excused)

      25            MR. KARAS:  Your Honor, the government calls Julius

                                                                    2610

       1   Kisingo.

       2    JULIUS KISINGO CEM,

       3        called as a witness by the government,

       4        having been duly sworn,

       5        testified through the interpreter,as follows:

       6   DIRECT EXAMINATION

       7   BY MR. KARAS:

       8   Q   Mood morning, sir.

       9   A   Fine.

      10   Q   Can you tell us in what country you were born?

      11   A   Tanzania.

      12   Q   In what city do you live in in Tanzania?

      13   A   Dar es Salaam.

      14   Q   What kind of work do you do?

      15   A   Welder.

      16   Q   Do you do welding work on vehicles?

      17   A   Yes.

      18   Q   For how many years have you been a welder?

      19   A   Seven years.

      20   Q   In the seven years you've been a welder, can you tell us

      21   how many times you've done welding work in a covered truck?

      22   A   One time.

      23   Q   Do you remember the model of truck that you did the

      24   welding work in?

      25   A   Yes.

                                                                    2611

       1   Q   What was the model?

       2   A   Nissan.

       3   Q   Do you remember what color the truck was?

       4   A   Cream.

       5   Q   Was that both the cab and the container?

       6   A   Both was silver and the cabin was cream.

       7   Q   Can you tell us over how many days you did welding work in

       8   connection with that truck?

       9   A   Yes.

      10   Q   How many days?

      11   A   Three days.

      12   Q   Can you tell us what you did on the first day?

      13   A   Yes.

      14   Q   What did you do on the first day?

      15   A   I made two seats for the battery.

      16   Q   Do you know how many people asked you to make those seats

      17   for the battery?

      18   A   One person.

      19            MR. KARAS:  If we could display what's already marked

      20   in evidence as 123.

      21   Q   Sir, do you recognize looking at the screen on your left

      22   the person in that picture?

      23   A   Yes.

      24   Q   Who is that person?

      25   A   That was my boss who bring the truck.

                                                                    2612

       1   Q   Did the person indicate to you what it was he was going to

       2   do with the batteries that were to go into the battery seat?

       3   A   Because for the air condition.

       4   Q   And could you tell whether or not the truck that he

       5   brought to you was a refrigerator truck?

       6   A   Yes.

       7   Q   How could you tell?

       8   A   It was the refrigeration and it was covered.

       9   Q   Was the refrigeration unit still in the truck when you saw

      10   it?

      11   A   No, it was removed.

      12   Q   Could you tell whether or not there was any wires or pipes

      13   from where it was removed?

      14   A   Yes.

      15            MR. KARAS:  If we could display to the witness and

      16   counsel only, and I think we'll do this on the Elmo, 1178B.

      17   Q   Sir, would you take a look to your left there.  Is that a

      18   fair and accurate diagram of the battery seats you were asked

      19   to weld?

      20   A   Yes.

      21   Q   Did you weld those battery seats on that same day you were

      22   asked to do so?

      23   A   Yes.

      24   Q   What else, if anything, did you do in connection with that

      25   truck on the first day?

                                                                    2613

       1   A   To make a flat bar.

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

       3   1178B.

       4            MR. RUHNKE:  No objection.

       5            MR. KARAS:  Display it, thank you.

       6            (Government's Exhibit 1178B received in evidence)

       7   Q   Can you describe the flat bar that you made?

       8   A   You want expressed by the hand or how?

       9   Q   If you can describe it, and if you want to demonstrate to

      10   the jury with your hands, that's fine.

      11   A   The first bar is about four, five inches, the angle bar is

      12   about 35 three meters, the welding with the flat bar.

      13   Q   Did you weld the flat bar into the truck or did you just

      14   make the flat bar as a stand-alone item?

      15   A   It was separate.

      16   Q   Is there anything else about the flat bar you'd like to

      17   tell us?

      18   A   And left about one inch in the middle like across.

      19   Q   How many flat bars did you make that day?

      20   A   Six.

      21   Q   Was that the only work you did on the first day with

      22   respect to that truck?

      23   A   Yes, that's what I did.

      24   Q   Did you do any work on the second day?

      25   A   The second day the truck came.

                                                                    2614

       1   Q   And what happened when the truck came back?

       2   A   We took the flat bar three inches by six and we put in the

       3   inside the truck.

       4   Q   When you say you put them inside the truck, do you mean

       5   the back of the truck?

       6   A   We put on the floor around the truck inside.

       7   Q   And how was it that you connected the flat bars to the

       8   truck, to the floor of the truck?

       9   A   I made something like this a box like this 35 by 35.

      10   Q   And when you say a box, was it all four sides of a box or

      11   something less?

      12   A   It was the same.

      13   Q   And did you do anything else on the second day?

      14   A   I also put the padlock.

      15   Q   Where did you put the padlock?

      16   A   On that end.

      17            MR. KARAS:  If we could display to the witness and

      18   counsel 1378A.

      19   Q   Sir, if you could take a look at the screen to your left.

      20   Can you tell us what that is?

      21   A   That's looks like the one the work I did on the truck.

      22   Q   It looks like a drawing or diagram of what you did on the

      23   truck?

      24   A   Yes, this is showing the profile.

      25   Q   Is this the drawing done as if the person is looking on

                                                                    2615

       1   top of the truck?

       2   A   Yes.

       3   Q   And does the diagram there accurately reflect the work

       4   that you described you did for the truck?

       5   A   Yes, is something, but it's not complete.  Looks like the

       6   one did I over there, but is not complete, because it's

       7   missing the wall side.

       8   Q   Can you tell us whether or not this drawing is accurate?

       9   A   Yes.

      10            MR. KARAS:  Your Honor, at this time we offer 1178A.

      11            MR. RUHNKE:  No objection.

      12            THE COURT:  Received.

      13            (Government's Exhibit 1178A received in evidence)

      14            MR. KARAS:  If we can display it.

      15   Q   Sir, you see the solid line that has three sides to them?

      16   A   Yes.

      17   Q   Is that what you were describing just a few moments ago as

      18   the work you did on the second day?

      19   A   Yes, I was talking the one, the center piece of it.

      20   Q   Perhaps, sir, if you could step down, if you can turn the

      21   screen around and show the jury.

      22            (Witness left stand)

      23            THE COURT:  How much longer?

      24            MR. KARAS:  Not much longer, your Honor.

      25   Q   Sir, if you could just with your finger describe for us

                                                                    2616

       1   the floor work that you were telling us about a few moments

       2   ago.

       3   A   This the job I did the second day (indicating).

       4   Q   Is that welding work that was done connected to the floor

       5   of the back of the truck?

       6   A   Yes.

       7   Q   What type of welding work did you do to the pieces that

       8   you attached to the floor of the truck?

       9   A   These pieces I did outside, I cut them outside and I took

      10   them into the truck and I did the welding this piece, this

      11   piece and this piece.

      12   Q   And the metal work that you were using was it flat or was

      13   that at an angle?

      14   A   Angle.

      15   Q   Did the angles face each other along the two lines there

      16   or were they facing opposite each other?

      17   A   Facing each other it made like a box.

      18   Q   How much space was there between the two rows of the angle

      19   iron?

      20   A   Thirty-five meters on this side.  This one 35.

      21   Q   And do you see, sir, to your left there are little black

      22   dots?

      23   A   Yes.

      24   Q   Can you tell us what those represent?

      25   A   Were the holes.

                                                                    2617

       1   Q   Were those holes there or did you put them there?

       2   A   This was done at the last day with a mark.  Was no holes

       3   where the marker points.  So I had to drill wherever they mark

       4   it.

       5   Q   Did you put the markings there?

       6   A   No, I didn't do it.  The last day the truck came with that

       7   mark.

       8   Q   And who was it that asked you to put the holes where the

       9   markings were?

      10   A   I did.

      11   Q   Who asked you to drill the holes.  You did the work.  Who

      12   asked you to drill the holes?

      13   A   The person own this truck.

      14   Q   Was that the person you saw in the picture a few minutes

      15   ago?

      16   A   Yes.

      17   Q   On the third day were you asked to do any other work on

      18   the truck?

      19   A   The third day we took on the truck we made the first day

      20   and we weld it and we screwed it on the wall of the truck.

      21   Q   On the side of the truck?

      22   A   On the side of the truck.

      23   Q   Is that right the side of the truck?

      24   A   Yes, on the side.

      25   Q   And maybe with your hand if you describe the distance

                                                                    2618

       1   between the side of the truck and the flat bars that you

       2   attached to the side of the truck?

       3   A   (Witness indicating) I made a hole over there and the

       4   truck bar went across.

       5   Q   Was the flat bar attached to the other side of what you're

       6   holding there, the pen?

       7   A   Yes, I made a hole all the way outside.

       8   Q   And this part is long one and we put another one there

       9   (indicating) and then we left some space.

      10            MR. KARAS:  The record should reflect that the

      11   witness is holding a pen and he's got two pieces of paper

      12   stuck through on either side of the pen.

      13            THE COURT:  The record will so reflect.

      14            MR. KARAS:  Thank you, sir.  You can put that down.

      15   Q   Did the person who asked you to do this work tell you why

      16   he had asked you to do all this work?

      17   A   He told me.  I asked him.

      18   Q   What did he tell you?

      19   A   Partition to put different types of fish.

      20            MR. KARAS:  You want to resume the witness stand.

      21            (Witness resumed stand)

      22            MR. KARAS:  May I approach with one last question,

      23   your Honor?

      24            THE COURT:  Yes.

      25   Q   Sir, I have standing before you what has been marked for

                                                                    2619

       1   identification as Government Exhibit 1376.  Do you recognize

       2   that?

       3   A   Yes.

       4   Q   What is it?

       5   A   I did the work on that pieces in the flat bar and the

       6   angle iron.

       7   Q   And the angle iron appears to be in the front; is that

       8   right?

       9   A   That's the one was weld with the flat bar.

      10   Q   How is it that you recognize that particular work as

      11   yours?

      12   A   I know it because I did that work myself.

      13   Q   Are there any particulars in these pieces so that you know

      14   that it's yours?

      15   A   Yes.

      16   Q   Can you describe and point on the object there?

      17   A   Yes.  I know I this one was there and I saw was no need of

      18   moving it, so I left there.

      19            MR. KARAS:  Thank you, your Honor.  I have no further

      20   questions.

      21            THE COURT:  We'll take our recess before cross.

      22            (Recess)

      23            (Continued on next page)

      24

      25

                                                                    2620

       1            (In open court; jury not present)

       2            MR. RUHNKE:  Your Honor, I am going to ask the clerk

       3   to switch the display load to the defense side.

       4            THE COURT:  I have managed to remain totally ignorant

       5   of all that.

       6            Have the sketch artists been apprised of the rules

       7   today?

       8            SPECTATOR:  There are no sketch artists.  What are

       9   they to know, just in case?

      10            MR. FITZGERALD:  We oppose sketching until we get to

      11   the witness Schumaker.

      12            THE COURT:  Until he is called, no sketches of the

      13   witnesses.

      14            (Jury present)

      15            THE COURT:  Cross-examination by Mr. Ruhnke on behalf

      16   of the defendant K.K. Mohamed.

      17            (Continued on next page)

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    2621

       1   CROSS-EXAMINATION

       2   BY MR. RUHNKE:

       3   Q   Good morning, sir.  How are you?

       4   A   Fine.

       5   Q   You were employed for a time, you said, as a welder; is

       6   that correct?

       7   A   No.

       8   Q   Did you work as a welder for a period of time, sir?

       9   A   Yes.

      10   Q   Your country, the country you come from, Tanzania, is

      11   somewhat of a very poor country; is that correct?

      12   A   Not a lot.

      13   Q   When you worked as a welder, where did you work?  When you

      14   did welding, where did you get work?

      15   A   Dar es Salaam.

      16   Q   Did you work essentially in the street?  Did you have a

      17   shop you worked from?  Physically, where did you work?

      18   A   This was open space.

      19   Q   There are areas in Dar es Salaam that if someone wants a

      20   car repaired, you simply go there and there are people

      21   standing around ready to help work on cars, correct?

      22   A   It's the area you can stand there and waiting for someone

      23   to come and bring some job.

      24   Q   You did that kind of work and made money doing that for a

      25   period of time, correct?

                                                                    2622

       1   A   Yes.

       2   Q   You now work for a bus company, you said?  Or am I wrong

       3   about that?  Last witness.  I withdraw that question.

       4            When you were paid by the man who came to do the

       5   welding, he paid you in cash; is that correct?

       6   A   Yes.

       7   Q   Did you describe the man as someone who came from Pemba?

       8   A   Looks like a Pemban.

       9   Q   Pemba is an island off the coast of Tanzania; is that

      10   correct?

      11   A   Yes.

      12            MR. RUHNKE:  Your Honor, I am going to ask that map 1

      13   be displayed to the jury, KKM 1.  The government has agreed it

      14   is an accurate map.

      15            THE COURT:  Very well.

      16   Q   Do you see the map that is displayed on the screen is a

      17   map of Africa, sir?

      18   A   Yes.

      19   Q   Do you see your home country Tanzania displayed on that

      20   map just under Kenya?

      21   A   Yes.

      22            MR. RUHNKE:  I am going to ask now that we display

      23   map number 3 to the jury and the witness.

      24   Q   Do you see map number 3 as a closer view of what we just

      25   looked at, the countries Kenya and Tanzania?

                                                                    2623

       1   A   I see Tanzania.

       2   Q   Do you also see, if you go north of Tanzania, in red

       3   writing Kenya?

       4   A   Yes.

       5   Q   Do you also see the designation for Zanzibar near Dar es

       6   Salaam?

       7   A   Yes.

       8   Q   North of the area designated Zanzibar, do you see a

       9   designation for Wete, W-E-T-E?

      10   A   Yes.

      11   Q   Wete is a city that is actually on the island of Pemba,

      12   correct?

      13   A   I am not sure.

      14   Q   Do you see the designation for Dar es Salaam on the map?

      15   A   Yes.

      16   Q   Do you see in Kenya where Nairobi is, north and west of

      17   Dar es Salaam?

      18   A   Yes.

      19            MR. RUHNKE:  Can we have map 9 displayed to the jury.

      20   Q   Do you see a closer-in view of the area of Zanzibar and

      21   Pemba Island?

      22   A   Yes.

      23   Q   Nearby Mombasa in Kenya.  Do you see Mombasa, which is in

      24   the country of Kenya on the map?

      25   A   Yes.

                                                                    2624

       1   Q   When you describe the person as perhaps coming from Pemba,

       2   could you tell us what you meant by that.  What was there

       3   about him that made you think he might be from Pemba?

       4   A   His accent.

       5   Q   Pemba and the other island which is sometimes called

       6   Unguja, U-N-G-U-J-A -- do you know the name Unguja?

       7   A   No.

       8   Q   In any event, they make up the group of islands that are

       9   sometimes called Zanzibar; is that correct?

      10   A   Yes.

      11   Q   To your knowledge, Zanzibar is an area in a part of

      12   Tanzania that is mostly Muslim people; is that correct?  Do

      13   you know that?

      14   A   Yes.

      15   Q   Sir, in Tanzania they do not have the same school system

      16   as we do, but may I ask, how far, what form did you graduate

      17   from in that kind of school?

      18   A   Number 7.

      19   Q   Seventh form?

      20   A   Yes, number 7.

      21   Q   Did you study the history of your country Tanzania in

      22   school?

      23   A   Yes.

      24   Q   You know then that until 1964 Zanzibar and Tanzania were

      25   separate countries; is that correct?

                                                                    2625

       1   A   Yes.

       2   Q   And the country that is now the mainland country was known

       3   as Tanganyika; is that correct?

       4   A   Yes.

       5   Q   When Tanganyika became part and one country with Zanzibar,

       6   the name Tanganyika and Zanzibar was put together to form a

       7   new name for the country; is that correct?

       8   A   Yes.

       9   Q   Have you ever traveled from Dar es Salaam to Zanzibar?

      10   A   No.

      11            (Continued on next page)

      12

      13

      14

      15

      16

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    2626

       1            MR. RUHNKE:  Thank you, sir.  I have no more

       2   questions.

       3            THE COURT:  Anything further of this witness?

       4            MR. KARAS:  No, your Honor.

       5            THE COURT:  Thank you, sir.  You may step down.

       6            (Witness excused)

       7            MR. KARAS:  Your Honor, at this time I would propose

       8   to read what has been marked for identification as

       9   Government's Exhibit 58, which is a stipulation that reads as

      10   follows:

      11            It is hereby stipulated and agreed by and between the

      12   parties that:

      13            1.  Government's Exhibit 1177 is a certified copy of

      14   the vehicle file in the Tanzania Motor Vehicle Registry for a

      15   1987 Nissan Atlas with license registration number TZH6134.

      16   Government's Exhibit 1177-T is a fair and accurate English

      17   translation of Government's Exhibit 1177.

      18            2.  Government's Exhibit 1176 is a copy of a contract

      19   of sale for a 1987 Nissan Atlas with license registration

      20   number TZH6134, dated June 17, 1998, between Amani Juma

      21   Kasinya, the seller, and Mohamed Sultan.  Government's Exhibit

      22   1176T is a fair and accurate English translation of

      23   Government's Exhibit 1176.

      24            At this time, your Honor, we offer the stipulation

      25   marked as Government's Exhibit 58 and the exhibits referenced

                                                                    2627

       1   therein.

       2            THE COURT:  Received.

       3            (Government's Exhibits 58, 1176, 1176-T, 1177 and

       4   1177-T received in evidence)

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

       6   propose to display Government's Exhibit 1176.  For the record,

       7   we will read out the chassis down at the bottom, MH4006050.

       8            Next, your Honor, we would read from a stipulation

       9   marked for identification as Government's Exhibit 61.

      10            THE COURT:  Very well.

      11            MR. KARAS:  It is hereby stipulated by and between

      12   the parties as follows:

      13            1.  On August 26, 29, and September 2, 1998, officers

      14   from the Tanzanian Criminal Investigation Division, CID,

      15   assisted by special agents from the Federal Bureau of

      16   Investigation, conducted a search of the premises known as 15

      17   Amani Street, Kariakoo, Dar es Salaam, Tanzania.  This

      18   location is a residential dwelling leased by Rashid Saleh

      19   Hamed, and used by, among others, Rashid Saleh Hamed and Ahmed

      20   Khalfan Ghailani.

      21            2.  Government's Exhibit 1300 is a photograph taken

      22   of the exterior of 15 Amani Street in or about September 1998.

      23            3.  During the searches, the CID officers and FBI

      24   special agents recovered the items listed below.  Later,

      25   photographs were taken of these items which are true and

                                                                    2628

       1   accurate depictions of the items listed below.  In the column

       2   next to each item is the exhibit number for the photograph

       3   taken of the exhibit.

       4            The first item is one pair of blue jeans, Exhibit No.

       5   1301, photograph No. 1301-P.

       6            The second item is a polo shirt, Exhibit No. 1302,

       7   photo number 1302-P.

       8            The next is one bag containing 25 pair of blue jeans,

       9   Exhibit 1303.  The photo number is 1303-P.

      10            Next is one bag of 34 shirts, 2 gowns and 1 jacket.

      11   Exhibit is 1304, photo number 1304-P.

      12            One electronic detonator.  Exhibit No. 1305.  Photo

      13   Exhibit No. 1305-P.

      14            Nine passport photos.  Exhibit 1306A-I, and the photo

      15   Exhibit number is 1306E-P.

      16            Passport application in the name of Zahran Nassor

      17   Maulid.  Exhibit No. 1309.  There is no photo exhibit.

      18            Telephone records from Mobitel for the phone number

      19   328848, assigned to Ahmed Khalfan Ghailani.  Exhibit No. 1308.

      20   There is no photo.

      21            Birth certificates for Sumaiyya and Usama.  Exhibit

      22   Nos. 1309A and B.  There is no photo exhibit.

      23            4.  FBI agents obtained custody of these items, which

      24   were transported from Dar es Salaam, Tanzania, to Washington,

      25   D.C. v. airplane and brought to the forensics laboratory at

                                                                    2629

       1   FBI headquarters in Washington, D.C.

       2            5.  During the search on August 26, 1998, CID

       3   officers also obtained custody of a white Suzuki Samurai with

       4   Tanzanian plate number TZG-7575, which was found outside of 15

       5   Amani Street.  FBI agents later obtained custody of the Suzuki

       6   Samurai.  Photographs of the Suzuki Samurai are marked as

       7   Government's Exhibits 1423A and 1423B.

       8            Your Honor, at this time we move Government's Exhibit

       9   61, the stipulation, and the exhibits referenced therein, into

      10   evidence.

      11            THE COURT:  Received.

      12            (Government's Exhibits 61, 1300, 1302 through 1305,

      13   1302-P through 1305-P, 1306A-I, 1306E-P, 1307, 1308 1309A-B

      14   received in evidence)

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

      16   Government's Exhibit 1300, which is the picture of 15 Amani

      17   Street.

      18            Next we would like to display 1305A, which is one of

      19   the passport photos.  1306A, correct.

      20            And 1306E-P.  And, your Honor, we would like to

      21   simultaneously display 1305-P and also publish 1305 to the

      22   jury.

      23            THE COURT:  Yes.

      24            MR. KARAS:  Next, if we could display 1307.

      25            Your Honor, what we will do with the clothing is put

                                                                    2630

       1   it on one of the tables here.

       2            THE COURT:  Very well.

       3            MR. KARAS:  Your Honor, at this time the government

       4   calls Amina Rashid.

       5    AMINA RASHID MOHAMED

       6        called as a witness by the government,

       7        having been duly sworn, testified as follows:

       8            (Continued on next page)

       9

      10

      11

      12

      13

      14

      15

      16

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    2631

       1   DIRECT EXAMINATION

       2   BY MR. KARAS:

       3   Q   Good afternoon.

       4   A   Fine.

       5   Q   Can you tell us what country you were born in.

       6   A   Tanzania.

       7   Q   In what city within Tanzania do you currently live?

       8   A   Dar es Salaam.

       9   Q   Directing your attention to November 1997, can you tell us

      10   what you were doing for work.

      11   A   I was a house girl.

      12   Q   Where were you a house girl?

      13   A   At the Rashid house.

      14   Q   If we could display what is already in evidence as 1300.

      15            Ms. Rashid, if you could take a look at the screen

      16   there to your left, do you recognize what that is a picture

      17   of?

      18   A   Yes.

      19   Q   What is that a picture of?

      20   A   The picture of a house.

      21   Q   Can you tell which house?

      22   A   Number 15.

      23   Q   Is that the house at which you were a house girl?

      24   A   Yes.

      25   Q   During the year 1998, from January until August of 1998,

                                                                    2632

       1   can you tell us who lived in that house?

       2   A   Yes.

       3   Q   Who lived there?

       4   A   Rashid.

       5   Q   During the period January to August 1998, can you tell us

       6   who else lived there with Rashid?

       7   A   Kassum Juma, Ahmed, and other visitors he was coming with.

       8   Q   During that same time period, how many days a week were

       9   you working there as a house girl?

      10   A   Monday to Saturday.

      11   Q   What was your normal workday there?

      12   A   I start 9, I finish 4 p.m. or 5 p.m.

      13            MR. KARAS:  If we could display what is marked in

      14   evidence as Exhibit 125.

      15   Q   Ms. Rashid, do you recognize the person depicted in that

      16   picture?

      17   A   Yes.

      18   Q   Who is that?

      19   A   Ahmed.

      20   Q   During the time period I just mentioned, January to August

      21   of 1998, can you tell us whether or not Ahmed had any visitors

      22   come to 15, number 15 Amani?

      23   A   Yes.

      24   Q   Do you recall some of their names?

      25   A   Yes.

                                                                    2633

       1   Q   What are some of the names of the people who visited

       2   Ahmed?

       3   A   Khalfan, Fahad, Hussein.

       4   Q   Do you recall if there was only one visit or more than one

       5   visit from these people?

       6   A   It was so many times.

       7   Q   Can you tell us whether or not during the time period

       8   January to August 1998 there were ever any occasions where all

       9   three of them together came to visit Ahmed?

      10   A   You are saying that separate of Khalfan?  Which three are

      11   you talking about?

      12   Q   Fahad, Hussein, and Khalfan.  Was there ever any time when

      13   the three of them together came and met with Ahmed?

      14   A   Yes.

      15   Q   Can you tell us approximately how many times that took

      16   place?

      17   A   About five to six times.

      18   Q   When they came to visit Ahmed, where within the house at

      19   15 Amani would they meet?

      20   A   In the room of Ahmed.

      21   Q   Can you tell us a little bit about your duties as the

      22   house girl at 15 Amani.

      23   A   My main job was to cook, but also I was doing some

      24   cleaning, washing in the house.

      25   Q   During the time you worked there cooking and cleaning and

                                                                    2634

       1   washing the house, were you given access to Ahmed's room?

       2   A   No.

       3   Q   If we could display what is marked in evidence as Exhibit

       4   117.  Do you recognize the person that is on the screen there

       5   to your left, Ms. Rashid?

       6   A   Yes.

       7   Q   Who is that person?

       8   A   Hussein.

       9   Q   If we could display to the witness and counsel only 124

      10   for identification.

      11            Ms. Rashid, do you recognize the person depicted on

      12   the screen there in front of you?

      13   A   Yes.

      14   Q   Who is that person?

      15   A   Fahad.

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

      17   Government's Exhibit 124.

      18            MR. RUHNKE:  No objection.

      19            THE COURT:  Received.

      20            (Government's Exhibit 124 received in evidence)

      21   Q   Ms. Rashid, I am going to ask you to take a look around

      22   the courtroom and see if you recognize the person that you

      23   identified as Khalfan and tell us if you recognize him.

      24   A   If he didn't change, I will be able to recognize that

      25   person, to know that person.  But if he change, I will not be

                                                                    2635

       1   able to do that.

       2   Q   If you could look around the courtroom and see whether or

       3   not you can pick out Khalfan.

       4            (Pause)

       5   Q   Do you see him?

       6   A   No be able.  No, I didn't find.

       7   Q   If you could have a seat.

       8            When Khalfan came to visit 15 Amani, can you tell us

       9   what he looked like.

      10   A   I saw him as like a young boy and a little bit big.

      11   Q   Can you tell us whether or not he had any facial hair, a

      12   beard or anything?

      13   A   Yes.

      14   Q   I will move on.

      15            With respect to Ahmed, did there come a time that you

      16   spoke to Ahmed about whether or not he wanted to leave

      17   Tanzania?

      18   A   Yes.

      19   Q   Do you remember when approximately it was that you had

      20   this conversation with Ahmed?

      21   A   Before he left, two weeks before he left he told me about

      22   that.

      23   Q   Do you remember when the American Embassy was bombed in

      24   Dar es Salaam, Tanzania?

      25   A   Yes.

                                                                    2636

       1   Q   Can you tell us whether or not Ahmed left before or after

       2   that bombing?

       3   A   Before.

       4   Q   Can you tell us how many days or weeks before the bombing?

       5   A   Two weeks for this question.

       6   Q   Did you ever have a chance to see what type of car Fahad

       7   or Hussein drove?

       8   A   Yes.

       9   Q   What kind of car did you see either of them driving?

      10   A   Suzuki.

      11   Q   Can you tell us what color Suzuki it was?

      12   A   White.

      13   Q   Did you ever see them together in the Suzuki?

      14   A   Sometimes I see them together and sometimes they don't

      15   leave together, they are not together.

      16            (Continued on next page)

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    2637

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

       2            MR. RUHNKE:  No questions, your Honor.

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

       4            (Witness excused)

       5            MR. KARAS:  Your Honor, at this time I propose to

       6   read what has been marked for identification as Government's

       7   Exhibit 63, which is a stipulation.

       8            THE COURT:  Very well.

       9            MR. KARAS:  It is hereby stipulated and agreed as

      10   follows:

      11            1.  On September 7, 1998, an inspector from the

      12   Tanzanian Criminal Investigation Division, CID, led a team of

      13   investigators from the Tanzanian CID and special agents from

      14   the Federal Bureau of Investigation to a location known as 22

      15   Kidugalo Street, Magomeni-Mukumi, Dar es Salaam, Tanzania.

      16   This location is a two-family dwelling owned by Ally Said.

      17   The inspector conducted a lawful search of the portion of the

      18   residence leased by Abdulwahdi Salim, which search was

      19   observed by FBI special agents.

      20            2.  During the search on September 7, 1998, the

      21   Tanzanian inspector recovered, among other items, one red

      22   carpet marked as Government's Exhibit 1401, and one piece of

      23   foam padding marked as Government's Exhibit 1402.  Later that

      24   day, an investigator assigned to the Joint Terrorist Task

      25   Force in New York took custody of the red carpet, Government's

                                                                    2638

       1   Exhibit 1401, and the foam padding, Government's Exhibit 1402,

       2   from the Tanzanian CID.

       3            2.  The red carpet and the foam padding later were

       4   transported from Dar es Salaam, Tanzania, to Washington, D.C.,

       5   via airplane and brought to the forensics laboratory at FBI

       6   headquarters in Washington, D.C.

       7            4.  Photographs of the red carpet and the foam

       8   padding are marked as Government's Exhibits 1401-P and 1402-P,

       9   respectively.

      10            5.  If called as a witness, an FBI agent would

      11   testify that Government's Exhibits 1400A and 1400B are fair

      12   and accurate photographs of the exterior of 22 Kidugalo

      13   Street.

      14            Your Honor, at this time we move into evidence

      15   Government's Exhibit 63, the stipulation, and the exhibits

      16   referenced therein.

      17            THE COURT:  Received.

      18            (Government's Exhibits 63, 1400A, 1400B, 1401, 1402,

      19   1401-P and 1402-P received in evidence)

      20            MR. KARAS:  If we could display 1400A, and then

      21   1400B, and we will display on the tables 1401, which is the

      22   red carpet, and if we could display on the screen 1401-P, and

      23   1402, the foam padding.  And finally, your Honor, we would ask

      24   to display Government's Exhibit 117, which is the photograph

      25   identified by Ms. Rashid as Hussein, and compare to the last

                                                                    2639

       1   page of Government's Exhibit 4, which is the book of

       2   photographs that I believe Mr. Kherchtou testified about,

       3   which has on that page a copy of 117, the photograph.  And the

       4   names for the record Mustafa Fadhl, Abu Jihad, Khalid, and Abu

       5   Khalid al Nubi.

       6            Abu did a Abu Wadih Sal human is the next witness.

       7    ABDULWAHDI AHMED SALUM,

       8        called as a witness by the government,

       9        having been duly sworn, testified as follows:

      10   DIRECT EXAMINATION

      11   BY MR. KARAS:

      12   Q   Good afternoon, sir.

      13   A   Fine.

      14   Q   Can you tell us where you were born?

      15   A   Pemba.

      16   Q   That is part of Tanzania; is that correct?

      17   A   Yes.

      18   Q   Can you tell us where you currently live.

      19   A   Magomeni.

      20   Q   Can you tell us the street address of your residence.

      21   A   Number 22 in Kidugalo Street.

      22   Q   For how long have you lived at 22 Kidugalo Street?

      23   A   Five years to seven years.

      24   Q   Do you know a person named Khalfan Khamis Mohamed?

      25   A   Yes, I know him.

                                                                    2640

       1   Q   Can you tell us when, approximately, you first met him.

       2   A   I don't remember when the first time I met him.

       3   Q   Can you tell us approximately how many years or months

       4   ago?

       5   A   About four to five years.

       6   Q   How did you meet Khalfan Khamis Mohamed?

       7   A   At the mosque.

       8   Q   In Dar es Salaam?

       9   A   Yes.

      10   Q   Did there come a time that Khalfan Khamis Mohamed came to

      11   you looking for a place to live?

      12   A   Yes.

      13   Q   Do you remember what year that was?

      14   A   1998.

      15   Q   Do you remember what month in 1998?

      16   A   Around January.

      17   Q   What did you do when Khalfan Khamis Mohamed came to you

      18   looking for a place to live?

      19   A   I found a space, I found an area where he can stay.

      20   Q   What area did you find for him to stay?

      21   A   The area, one area the house I am living at.

      22   Q   At 22 Kidugalo Street?

      23   A   Yes.

      24   Q   Was there any divider between the space in which you were

      25   living and the space where Khalfan was living?

                                                                    2641

       1   A   Yes.

       2   Q   Did there come a time that somebody else moved in with

       3   Khalfan at that location?

       4   A   Yes.

       5   Q   Can you tell us when approximately that was?

       6   A   I don't remember.

       7   Q   Can you tell us how much time had passed between when

       8   Khalfan first moved in to 22 Kidugalo and when the next person

       9   moved in with him?

      10   A   I don't remember.

      11   Q   Do you remember the name of the person who moved in with

      12   Khalfan?

      13   A   Yes.

      14   Q   What was his or her name?

      15   A   Hussein.

      16   Q   Can you tell us whether or not hue sane had a family?

      17   A   He have a family.

      18   Q   How many members in his family?

      19   A   He have two children.

      20   Q   Did he have a wife?

      21   A   Yes.

      22   Q   Do you remember the names of Hussein's children?

      23   A   Yes.

      24   Q   What were their names?

      25   A   Usama and Annis.

                                                                    2642

       1   Q   If we could display what has been marked in evidence as

       2   Government's Exhibit 117.  Sir, looking at the screen there on

       3   your left, can you tell us who the person there is in that

       4   picture?

       5   A   That is Hussein.

       6   Q   Did Khalfan indicate to you where Hussein was from?

       7   A   It's around Mombasa.

       8   Q   Is that in Kenya?

       9   A   Yes.

      10   Q   Did Khalfan tell you what nationality Hussein was?

      11   A   I don't remember.

      12   Q   Did there come a time that you ever saw Hussein driving

      13   any vehicles?

      14   A   Yes.

      15   Q   What type of vehicle did you see Hussein driving?

      16   A   Suzuki.

      17   Q   What color was the Suzuki?

      18   A   White.

      19   Q   Can you tell us when, if ever, Khalfan and Hussein moved

      20   out of 22 Kidugalo?

      21   A   June '98.

      22   Q   Before Khalfan and Hussein moved out of Kidugalo in June

      23   1998, did you ever meet a friend of Khalfan's known as Ahmed?

      24   A   Yes.

      25   Q   Where did you meet Ahmed?

                                                                    2643

       1   A   He was coming out of the hotel.

       2   Q   Is this in Dar es Salaam?

       3   A   Yes.

       4   Q   What was the name of the hotel?

       5   A   Hagdara Mount.

       6   Q   If we could display what has been marked in evidence as

       7   Government's Exhibit 125.  Can you tell us who is in the

       8   picture on the screen in front of you, sir?

       9   A   Ahmed.

      10   Q   When Khalfan and Hussein left Kidugalo in June 1998, did

      11   they leave anything behind?

      12   A   Yes.

      13   Q   What did they leave behind?

      14   A   Carpet, mattress, and a bed.

      15   Q   What happened to those items?

      16   A   FBI came and they took the stuff.

      17   Q   Who did the FBI take it from?

      18   A   From me.

      19   Q   How did it get from Khalfan's part of 22 Kidugalo to your

      20   part?

      21   A   I took it to keep it.

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

      23            THE COURT:  Yes.

      24   Q   Sir, I have placed before you two items which for the

      25   record are marked as 1401 and 1402.  If you could take a look

                                                                    2644

       1   at the item that is standing right in front of you and tell us

       2   if you recognize it.

       3   A   Yes, I can recognize it.

       4   Q   Would you tell us what that item is.

       5   A   Mattress and the carpet.

       6   Q   The two items in front of you?

       7   A   Yes.

       8   Q   Thank you.  You can resume your seat.

       9            Sir, did you ever have a conversation with Khalfan

      10   about any trips he took?

      11   A   Yes.

      12   Q   Where did he say he had gone outside of Tanzania?

      13   A   Kenya.

      14   Q   Anyplace else?

      15   A   Afghanistan.

      16   Q   Did Khalfan tell you what it was he did when he was in

      17   Afghanistan?

      18   A   Yes, he get training, military training.  He get military

      19   training.

      20   Q   Did he say how long he was there?

      21   A   He didn't tell me.

      22   Q   Sir, I am going to ask that you took around the courtroom

      23   and tell us whether or not you see Khalfan here today.

      24   A   I don't see him.

      25            MR. KARAS:  No further questions.

                                                                    2645

       1            THE COURT:  Mr. Ruhnke, on behalf of the defendant

       2   K.K. Mohamed.

       3   CROSS-EXAMINATION

       4   BY MR. RUHNKE:

       5   Q   Good afternoon, sir.

       6   A   Fine.

       7   Q   You described a man you knew Khalfan Khamis Mohamed in Dar

       8   es Salaam; is that correct?

       9   A   Yes.

      10   Q   Is it true that you knew his brother Mohamed Khamis

      11   Mohamed first?

      12   A   Yes.

      13   Q   Were you classmates with his older brother Mohamed K.

      14   Mohamed?

      15   A   Yes.

      16   Q   You said you were born on Pemba, and your family later

      17   moved to Unguja; is that correct?

      18   A   Yes.

      19   Q   Then there came a time, did there not, when you moved to

      20   Dar es Salaam, correct?

      21   A   Yes.

      22   Q   You knew also that your former classmate Mohamed K.

      23   Mohamed, Khalfan's brother, had also moved to Dar es Salaam,

      24   correct?

      25   A   Yes.

                                                                    2646

       1   Q   When you first met Khalfan Mohamed, did you know how old

       2   Khalfan was?

       3   A   I don't remember.

       4   Q   He was younger than Mohamed K. Mohamed, though?

       5   A   Yes.

       6   Q   Did you know that the older brother, Mohamed K. Mohamed,

       7   had a business, a store in Dar es Salaam?

       8   A   Yes.

       9   Q   Did you know that his younger brother Khalfan worked in

      10   that store?

      11   A   No.

      12   Q   Did you see Khalfan employed in some way in Dar es Salaam?

      13   Specifically, did you see him working on a bus as a conductor?

      14   A   No, I never seen.

      15   Q   Did the house at 22 Kidugalo Street, was that house in a

      16   particular section of Dar es Salaam called Magomeni?

      17   A   Yes.

      18            MR. RUHNKE:  Could I have the display system, Danny,

      19   switched to the defense and everybody.  Could we display map

      20   9, please -- I am sorry, map 5.  Highlight the area right in

      21   the center of the screen.

      22   Q   Do you recognize this as a map of Dar es Salaam, sir?

      23   A   Yes.

      24   Q   Do you see on the map a designation for the section of Dar

      25   es Salaam called Magomeni?

                                                                    2647

       1   A   Yes.

       2   Q   The mosque that you attended with Mr. Khalfan Mohamed, was

       3   that in the Ilala section of Dar es Salaam?

       4   A   Ilala.

       5   Q   Do you see Ilala also on that map, more towards the light

       6   brown area on the map?

       7   A   Yes.

       8   Q   Did you know that the American Embassy in August of 1998

       9   was located in the Oyster Bay section of Dar es Salaam, and do

      10   you see that on the map?

      11   A   I didn't know.

      12   Q   You did not know where it was located; is that correct?

      13   A   Yes.

      14   Q   You mentioned that Mr. Mohamed had told you about

      15   traveling to Kenya, among other places; is that correct?

      16   A   Yes.

      17   Q   Do you remember that one of the places he traveled to was

      18   Mombasa, Kenya?

      19   A   Yes.

      20   Q   Could I have map 5 now displayed, please -- I am sorry,

      21   map 9.

      22            Do you see on this map, to orient yourself, do you

      23   see Dar es Salaam at the sort of middle bottom of the map?  Do

      24   you see Dar es Salaam?

      25   A   Yes.

                                                                    2648

       1   Q   Do you see your home place of Pemba on that map as well?

       2   A   Yes.

       3   Q   Do you see Mombasa north of Pemba on the coast?

       4   A   Yes.

       5   Q   Do many people from Pemba and Unguja travel to Mombasa and

       6   the Kenyan coast?

       7   A   Yes.

       8   Q   On the subject of whether you saw Mr. Mohamed working as a

       9   bus conductor, do you remember when the FBI came to you and

      10   talked to you in November of 1998?

      11   A   You want FBI, they was asking about the conductor?

      12   Q   Did the FBI come to speak to you in November of 1998?

      13   A   Yes.

      14   Q   Did they ask you what Khalfan Mohamed was doing for money?

      15   A   Yes.

      16   Q   Did you tell them that you remembered one day that you saw

      17   Khalfan working as a conductor on a town bus which was owned

      18   by Mohamed?  Do you remember saying that to the FBI?

      19   A   I don't remember.

      20            MR. RUHNKE:  I have no further questions.  Thank you.

      21            MR. BAUGH:  May I have just one moment, please, your

      22   Honor?

      23            THE COURT:  Yes.

      24            MR. BAUGH:  No questions, your Honor.  Thank you.

      25            THE COURT:  Anything further of this witness?

                                                                    2649

       1            MR. KARAS:  No, your Honor.

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

       3            (Witness excused)

       4            THE COURT:  We will recess for lunch until 2:15.

       5            (Luncheon recess)

       6

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      10

      11

      12

      13

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      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    2650

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

       2                              2:15 p.m.

       3            (In open court; jury not present)

       4            MR. FITZGERALD:  Is it possible for Mr. Ruhnke and

       5   myself to perhaps join you in the robing room for a moment?

       6            THE COURT:  Surely.

       7            (Continued on next page)

       8

       9

      10

      11

      12

      13

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      15

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      17

      18

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      20

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      25

                                                                    2653

       1            (Pages 2651 to 2652 sealed)

       2            (In open court; jury present)

       3            THE COURT:  Ladies and gentlemen, I hope you enjoyed

       4   your lunch.  As you have observed more and more matters are

       5   being presented to you by way of a stipulation that if a

       6   certain witness were called his testimony would be as is set

       7   forth in the stipulation.  I have been encouraging the

       8   attorneys to stipulate to those matters which are not the

       9   subject of any serious dispute, those matters which are not

      10   the issues that you'll be called upon to decide that are not

      11   adequately dealt with by a stipulation.  Every time you hear a

      12   stipulation you know that it is as a result of an agreement

      13   between all of the parties and done in an effort to save your

      14   time.

      15            The attorneys tell me that the case is proceeding at

      16   such a desirable rate that they need some more time to prepare

      17   for the stipulations, and of course it would be

      18   counterproductive for me to deny them that since those

      19   stipulations do save everyone's time, but especially your

      20   time, as a result of which we will not sit at all tomorrow.

      21   We were going to sit a half day.  We won't sit at all

      22   tomorrow.  We will resume on Monday.  Very well.

      23            MR. KARAS:  Your Honor, the government calls Ally

      24   Said.

      25    ALLY SAID ALI,

                                                                    2654

       1        called as a witness by the government,

       2        having been duly sworn,

       3        testified through the interpreter as follows:

       4   DIRECT EXAMINATION

       5   BY MR. KARAS:

       6   Q   Mr. Said, good afternoon.

       7   A   Fine.

       8   Q   Can you tell us in what country you were born?

       9   A   Tanzania.

      10            THE COURT:  Please use the microphone and speak up so

      11   that those in the courtroom who speak Swahili can hear you

      12   directly.

      13   Q   In what city within Tanzania do you live?

      14   A   Dar es Salaam.

      15   Q   By the way, do you know what Dar es Salaam means in

      16   English?

      17   A   Yes.

      18   Q   What does it mean in English?

      19   A   (In English) peaceful harbor.

      20            THE COURT:  Peaceful.

      21            THE WITNESS:  Peaceful harbor, or harbor of peace.

      22            THE INTERPRETER:  Or harbor of peace.

      23   Q   Sir, do you own property located at number 22 Kidugalo

      24   Street?

      25   A   (In English) Yes.

                                                                    2655

       1   Q   Is that in Dar es Salaam?

       2   A   (In English) Yes.

       3   Q   Directing your attention to early 1998, can you tell us

       4   who was living at 22 Kidugalo Street?

       5   A   Khalfan.

       6   Q   Was there anybody else living at 22 Kidugalo Street at

       7   that time?

       8   A   Him and his family.

       9   Q   Do you know when approximately it was that Khalfan moved

      10   into 22 Kidugalo?

      11   A   Beginning of January.

      12   Q   How was it that you were introduced to him?

      13   A   Abu Wahid introduced him.

      14   Q   Who is Abu Wahid?

      15   A   (In English) Is my brother-in-law.

      16   Q   And can you tell us how much Khalfan was paying to live at

      17   22 Kidugalo?

      18   A   (In English) He was paying 3,000 per month.

      19   Q   Three thousand Tanzanian shillings?

      20   A   Yes.

      21   Q   Did he pay that monthly or did he pay it in advance?

      22   A   (In English) No, all together.  He paid all in advance.

      23   Q   How much in advance did you charge him?

      24   A   185 shillings.

      25   Q   How did he pay this?

                                                                    2656

       1   A   Paid me in cash right there.

       2   Q   You mentioned that Khalfan had a family.  What made you

       3   believe that?

       4   A   I asked him.

       5   Q   Prior to moving into 22 Kidugalo, did you show Khalfan the

       6   inside of the location there?

       7   A   No.

       8   Q   Did Khalfan ever ask you whether or not he wanted to make

       9   any alterations to 22 Kidugalo?

      10   A   Yes.

      11   Q   What alterations did he ask to make?

      12   A   He build a wall to avoid the people to come in.

      13   Q   Where was the wall?

      14   A   (In English) In front.

      15   Q   When you rented the space at 22 Kidugalo did you and

      16   Khalfan have an agreement as to how many months he would be

      17   living there?

      18   A   Six months.

      19   Q   Do you know whether or not anybody lived with Khalfan

      20   other than his family?

      21   A   (In English) No.

      22   Q   Is that no, there was no one else living, or, no, you

      23   don't know?

      24   A   No, because I didn't know if he was living somebody else.

      25   Q   Did there come a time that you learned that Khalfan had

                                                                    2657

       1   moved out of 22 Kidugalo?

       2   A   (In English) Yes.

       3   Q   When approximately did you learn that?

       4   A   (In English) One week after his departure.

       5   Q   And when was that?

       6   A   (In English) First week of July.

       7   Q   Of 1998?

       8   A   1998 (In English)

       9   Q   Did you inspect the inside of 22 Kidugalo inside after he

      10   left?

      11   A   (In English) Yes.

      12   Q   What, if anything, did you find there?

      13   A   Mattress, bed sheets, old bed sheets, and other things

      14   which are not important.

      15   Q   Did you notice whether or not there had been any other

      16   change to 22 Kidugalo Street?

      17   A   No.

      18   Q   Prior to renting the premises to Khalfan, was there a wall

      19   in the back of 22 Kidugalo Street?

      20   A   Yes.

      21   Q   What kind of wall was it prior to Khalfan's living at 22

      22   Kidugalo Street?

      23   A   Was like a net type.

      24   Q   When you inspected the premises in July 1998, was that

      25   wall in the same condition as when it was before Khalfan moved

                                                                    2658

       1   in?

       2            THE COURT:  Answer out loud.

       3   A   He fixed a little.

       4   Q   How was it fixed?

       5   A   He build with a small brick which are surround it with,

       6   and they do a little up to avoid the people to come inside the

       7   building.

       8   Q   How high approximately was the wall that you saw when you

       9   inspected the premises in July?

      10   A   (In English) About three meters.

      11            MR. KARAS:  I have no further questions.

      12            THE COURT:  Cross by Mr. Ruhnke on behalf of

      13   defendant KK Mohamed.

      14   CROSS-EXAMINATION

      15   BY MR. RUHNKE:

      16   Q   Mr. Said, good afternoon.  How are you?

      17   A   (In English) Fine, thanks.

      18   Q   You are the owner of 22 Kidugalo Street; is that correct?

      19   A   (In English) Yes.

      20   Q   And I gather that you have lived in different parts of the

      21   world outside of Tanzania, is that correct?

      22   A   (In English) Yes.

      23   Q   You lived part of your life in Yemen; is that correct?

      24   A   (In English) Yes.

      25   Q   And do I understand correctly that for approximately 16

                                                                    2659

       1   years you worked for the armed forces in Dubai in the United

       2   Arab Emirates?

       3   A   (In English) Yes.

       4   Q   You were born on Pemba?

       5   A   (In English) Yes.

       6   Q   Now, Pemba and Unguja, am I saying that right?

       7   A   (In English) Yes.

       8   Q   Unguja some times people call Unguja, Zanzibar, but the

       9   whole group of islands is known as Zanzibar, correct?

      10   A   Yes.

      11   Q   It is mostly Muslim people who live in the Zanzibar group

      12   of islands; is that correct?

      13   A   Yes.

      14   Q   There was a time in history when the whole Zanzibar group

      15   was ruled by a Sultan; is that correct?

      16   A   (In English) Yes.

      17   Q   And it was an Arab nation, correct?

      18   A   (In English) Yes.

      19   Q   And you have traveled, have you not, to Mombasa, Kenya?

      20   A   (In English) Yes.

      21   Q   Have you traveled to Mombasa from Pemba?

      22   A   From Pemba, no.

      23   Q   Yes.  Have you traveled from Pemba to Mombasa?

      24   A   No.

      25   Q   How long does it take to get to Mombasa from Pemba?

                                                                    2660

       1   A   I didn't travel from Mombasa to Pemba.

       2   Q   Where did you travel to from Mombasa?  Where did you start

       3   when you visited Mombasa?

       4   A   From Dar es Salaam.

       5   Q   How did you go there?

       6   A   By bus.

       7   Q   How long does it take to go by bus, do you remember?

       8   A   It takes about three hours.

       9   Q   Three hours from Dar es Salaam.

      10            And in terms of the rent that was being charged to

      11   Khalfan Mohamed for the half of 22 Kidugalo Street, how much

      12   per month was he paying?

      13   A   Thirty thousand.

      14   Q   Thirty thousand?

      15   A   Shillings.

      16   Q   And at the time the rate of exchange between US dollars

      17   Tanzanian shilling was about 700 shillings per one US dollar;

      18   is that correct?

      19   A   (Witness consults interpreter)  I don't do that kind of

      20   things.  I don't know.

      21            MR. RUHNKE:  The government has agreed that that's

      22   it.

      23   Q   So Mr. Mohamed paid you ever month in cash?  Is that how

      24   it went?  Or did he pay you in advance?

      25   A   (In English) He paid me cash.

                                                                    2661

       1   Q   Do you know where that money came from?

       2   A   (In English) He took from his pocket.

       3   Q   You don't know where he got the money?

       4   A   I don't.

       5            MR. RUHNKE:  Okay.  Thank you, sir.  I have no more

       6   questions.  Thank you.

       7            MR. KARAS:  Nothing further, your Honor.

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

       9            (Witness excused)

      10            MR. KARAS:  Your Honor, the government calls Abdallah

      11   Hamisi.

      12    ABDALLAH HAMISI SHLLM,

      13        called as a witness by the government,

      14        having been duly sworn,

      15       testified through the interpreter, as follows:

      16   DIRECT EXAMINATION

      17   BY MR. KARAS:

      18   Q   Good afternoon, sir.

      19   A   Fine.

      20   Q   Can you tell us where you were born?

      21   A   Yes.

      22   Q   Where were you born?

      23   A   Olay.

      24   Q   Is that in Tanzania?

      25   A   Yes.

                                                                    2662

       1            THE COURT:  I wonder if you could ask the witness to

       2   just put his collar down.  I think it would be easier to hear

       3   him.  All right.  Thank you.

       4   Q   In what city in Tanzania do you currently live?

       5   A   Dar es Salaam.

       6   Q   What kind of work do you do?

       7   A   Businessman.

       8   Q   What kind of business?

       9   A   Caf‚ Juice.

      10   Q   Is that in Dar es Salaam?

      11   A   Yes.

      12   Q   Can you tell us what that means Caf‚ Juice?  Does that

      13   mean you sell juice?

      14   A   I sell juice also with bites.

      15   Q   And, sir, do you know somebody by the name of Khalfan

      16   Khamis Mohammed?

      17   A   Yes.

      18   Q   Can you tell us when approximately you first met him?

      19   A   Before the explosion of the bomb.

      20   Q   Do you remember what year approximately you first met him?

      21   A   1998.

      22   Q   How did you meet him?

      23   A   He was coming to my office.

      24   Q   Which office is this?

      25   A   Caf‚ Juice.

                                                                    2663

       1   Q   How often would he come by your juice caf‚?

       2   A   He was coming there few times.

       3   Q   Each week or each month?

       4   A   Sometime he was coming once a week, sometime it was steady

       5   sometimes.

       6   Q   Do you know Khalfan Khamis' brother, Mohammed?

       7   A   Yes.

       8   Q   When did you meet Mohammed?

       9   A   Around 1991.

      10   Q   How long after you first met Mohammed did you meet

      11   Khalfan?

      12   A   Not too long.

      13            MR. BAUGH:  Your Honor, you might remind the witness

      14   to keep his voice up.

      15            THE COURT:  Yes.

      16   Q   When you say not too long, sir, was it weeks or months

      17   after you first met Mohammed that you met Khalfan?

      18   A   About some time, not too long.

      19   Q   Did you ever talk to Khalfan about various trips that he

      20   had made outside of Tanzania?

      21   A   Yes.

      22   Q   Can you tell us some of the countries that Khalfan said he

      23   had traveled to?

      24   A   Afghanistan.

      25   Q   Did he mention any other countries?

                                                                    2664

       1   A   Kenya, Somalia, Zanzibar, and other regions.

       2   Q   In Tanzania?

       3   A   In Tanzania.

       4   Q   Did Khalfan tell you when it was he was in Afghanistan?

       5   A   He told him when he came back.

       6   Q   Do you remember approximately when that was, what year?

       7   A   I don't remember the date and the year.

       8   Q   Can you tell us when it was you started your juice caf‚,

       9   what year?

      10   A   1997.

      11   Q   Was it before or after you started your juice caf‚ that

      12   Khalfan told you he was in Afghanistan?

      13   A   It was before.

      14   Q   What kind of business were you in before you started your

      15   juice caf‚?

      16   A   I was working on a food shop.

      17   Q   And for how long were you working in the food shop?

      18   A   About three to four years.

      19   Q   Can you tell us whether or not Khalfan said to you that

      20   he'd been in Afghanistan before or after you were working in

      21   the food shop?

      22   A   When I was working there.

      23   Q   Did Khalfan tell you what it was he did in Afghanistan?

      24   A   First he told me that he went there for a religious

      25   purposes and then he told me he went there for military

                                                                    2665

       1   training.

       2   Q   Did Khalfan tell you what type of military training he

       3   got?

       4   A   No, he didn't say.

       5   Q   Did Khalfan tell you what the focus of the training was?

       6   A   For jihad.

       7   Q   And did Khalfan tell you who it was that he believed had

       8   financed the training he had taken?

       9   A   He mentioned to me, he says Usama Bin Laden is the one who

      10   help a lot of groups over there, but he didn't go into detail

      11   that he received that help.

      12   Q   Now, with respect to Somalia, did Khalfan tell you when it

      13   was he was in Somalia?

      14   A   He didn't tell me when, but he just came up with that,

      15   that he went to Somalia.

      16   Q   What business were you in at the time that Khalfan told

      17   you he had been to Somalia?

      18   A   I was doing my own business of juice.

      19   Q   Did Khalfan indicate to you what it was that he had been

      20   doing in Somalia?

      21            MR. BAUGH:  Objection, your Honor, 801.  We have an

      22   objection to this unless this conversation with the

      23   codefendant is in furtherance of under 801(b)(2)(E).

      24            THE COURT:  Sustained.

      25            MR. KARAS:  I'll move on.

                                                                    2666

       1   Q   Mr. Hamisi, during 1998 can you tell us whether or not you

       2   had a chance to meet some friends of Khalfan?

       3   A   Yes.

       4   Q   Do you remember the names of any of those friends?

       5   A   Yes.

       6   Q   What were some of the names of Khalfan's friends that you

       7   met?

       8   A   Hasan, Fahad, Ali, Bahari, Ismael.

       9   Q   Did you ever meet a friend of Khalfan's named Ahmed?

      10   A   Yes.

      11   Q   Beginning with Hasan, can you tell us what Hasan looked

      12   like?

      13   A   Yes.

      14   Q   What did he look like?

      15   A   He's thin and tall.

      16            MR. KARAS:  If we could display Government Exhibit

      17   117, please, which is already in evidence.

      18   Q   Mr. Hamisi, if you just take a look at the screen to your

      19   left there.  Do you recognize the person in that picture?

      20   A   Yes.

      21   Q   Who is that?

      22   A   Hasan.

      23   Q   Did you ever see Hasan with Khalfan at your juice caf‚?

      24   A   Yes.

      25   Q   With respect to Fahad, can you tell us what kind of

                                                                    2667

       1   business Fahad was in?

       2   A   According to what Khalfan told me he was bringing bed

       3   sheet.

       4            MR. KARAS:  If we with could display what's in

       5   evidence as 124.

       6   Q   Mr. Hamisi, will you take a look at the screen.  Do you

       7   recognize the person in that picture?

       8   A   Yes.

       9   Q   Who is that?

      10   A   Fahad.

      11            MR. KARAS:  And if we could display exhibit 125,

      12   please.

      13   Q   Do you recognize the person on the screen?

      14   A   Ahmed.

      15   Q   Did you ever see Fahad and Ahmed together?

      16   A   No.

      17   Q   Mr. Hamisi, I'm going to ask you to look around the

      18   courtroom and see if you can identify Khalfan.

      19   A   Yes.

      20   Q   Can you tell us what he's wearing?

      21            MR. RUHNKE:  Your Honor, we agree to the

      22   identification.

      23            THE COURT:  Identification of the defendant KK

      24   Mohamed is agreed to.

      25            MR. KARAS:  No further questions.

                                                                    2668

       1   CROSS-EXAMINATION

       2   BY MR. RUHNKE:

       3   Q   Mr. Hamisi, good afternoon, sir.

       4   A   Fine.

       5   Q   I'm a little confused about how long you have known

       6   Khalfan Mohamed.  Can you tell me again when you first met

       7   him?

       8   A   I met him after meeting his brother.

       9   Q   I am looking at an FBI interview of you, sir, that says

      10   that you first met Khalfan Mohamed --

      11            THE COURT:  Let's not --

      12   Q   Did you ever tell the FBI that you first met Khalfan

      13   Mohamed and his brother in 1988?

      14   A   No.

      15   Q   You first met his brother, is that Mohamed K. Mohamed?

      16   A   Yes.

      17            THE COURT:  Please keep your voice up so that those

      18   in the courtroom who can speak Swahili can hear you.

      19   Q   The first person you met in this family then was Mohamed

      20   K.  Mohamed, correct, sir?

      21   A   Yes.

      22   Q   And did you also know Khalfan Mohamed's brother, Rubaya?

      23   A   Yes.

      24   Q   And you know that Rubaya and other members of Mr.

      25   Mohamed's family live in the small town of Kadimni on

                                                                    2669

       1   Zanzibar, correct?

       2   A   Yes.

       3   Q   And you also mentioned that Mr. Mohamed had traveled to

       4   Somalia; is that correct?

       5   A   Not Mohamed.  Khalfan.

       6   Q   If I said Mohamed I'm mistaken.  That Mr. Mohamed Khalfan

       7   Mohamed had traveled to Somalia.  Correct?

       8   A   Yes, he told me that.

       9   Q   And was that in 1996, 1997 period of time?

      10   A   I don't remember the year.

      11            MR. RUHNKE:  Could I please have the defense display

      12   turned on, please, and for displaying to everybody and could I

      13   see map 1.

      14   Q   Sir, did you see the map of Africa that I'm displaying on

      15   the screen.  Do you see that map?

      16   A   Yes.

      17   Q   Do you see Somalia on what's called the Horn of Africa?

      18   A   Yes.

      19   Q   Somalia touches Kenya, and Kenya touches Tanzania,

      20   correct?

      21   A   Yes.

      22            MR. RUHNKE:  Thank you.  You can knock that display

      23   down.

      24            THE COURT:  Anything further of this witness?

      25            MR. RUHNKE:  Just briefly, your Honor.

                                                                    2670

       1            THE COURT:  I'm sorry.

       2            MR. RUHNKE:  That's okay.

       3   Q   You knew that Mr. Khalfan Mohamed's brother, Mohamed K.

       4   Mohamed, was working in Dar es Salaam for a period of time,

       5   correct?

       6   A   I don't remember the period.

       7   Q   Do you remember that the brother, Mohamed K. Mohamed had

       8   at some point moved from Dar es Salaam to London?

       9   A   Yes, 1997.

      10   Q   That was at the end of 1997, correct?

      11   A   I don't remember.

      12            MR. RUHNKE:  Thank you.  I have no more questions.

      13            THE COURT:  Anything further?

      14            MR. KARAS:  Nothing further, your Honor.

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

      16            (Witness excused)

      17            MR. KARAS:  Your Honor, at this time we'd like to

      18   read a stipulation marked for identification as exhibit 62.

      19            It is hereby stipulated and agreed by and between the

      20   parties as follows:

      21            That Government Exhibit 1460 is a copy of an

      22   application for a Tanzanian passport in the name of Abubakr K.

      23   Ahmed, found in the records of the Tanzanian immigration

      24   office in September, 1998.  The application contains two

      25   pictures of Ahmed Khalfan Ghailani.

                                                                    2671

       1            MR. KARAS:  Your Honor, at this time the government

       2   offers exhibit 62 the stipulation and 1460.

       3            THE COURT:  Received.

       4            (Government's Exhibits 62 and 1460 received in

       5   evidence)

       6            MR. KARAS:  If we could display 1460.

       7            Your Honor, I'd like to read a stipulation marked

       8   exhibit 60 for identification.

       9            It is hereby stipulated and agreed as follows:

      10            1.  Government Exhibit 1421 is a certified copy of

      11   the vehicle file in the Tanzania motor vehicle registry for a

      12   1989 Suzuki Samurai with license registration number TZG7575.

      13   Government Exhibit 1421-T is a fair and accurate English

      14   translation of Government Exhibit 1421.

      15            2.  If called as a witness a Special Agent from the

      16   Federal Bureau of Investigation would testify that on

      17   September 2, 1998 he visited the Tanzania motor vehicle

      18   registry and recovered a copy of a sales agreement dated June

      19   9, 1998 for the sale of one Suzuki Samurai, Tanzania license

      20   number, TZG7575 by A. J. Rutaiitwa to Khalfan Khamis Mohamed

      21   for the price of one million two hundred thousand Tanzanian

      22   shillings.  The sales agreement has been marked as Government

      23   Exhibit 1420.

      24            At this time, your Honor, we move into evidence

      25   exhibit 60 and 1420.

                                                                    2672

       1            THE COURT:  Yes, received.

       2            (Government's Exhibits 60 and 1420 received in

       3   evidence)

       4            MR. KARAS:  If you could display exhibit 1420.

       5            Your Honor, at this time the government calls

       6   Mohamedi Selemani.

       7    MOHAMEDI SELEMANI CHATWANDA,

       8        called as a witness by the government,

       9        having been duly sworn, testified as follows:

      10            THE WITNESS:  (In English) My name is Mohamed and my

      11   father's name is Selemani and my family Chatwanda.

      12            THE DEPUTY CLERK:  Spell your last name.

      13            THE WITNESS:  C-H-A-T-W-A-N-D-A.

      14   DIRECT EXAMINATION

      15   BY MR. KARAS:

      16   Q   Good afternoon, sir.

      17   (Answers in English)

      18   A   Good afternoon.

      19   Q   Where were you born?

      20   A   I was born in Tanzania.

      21   Q   When was that?

      22   A   Tanzania.

      23   Q   And when were you born?

      24   A   I beg your pardon?

      25   Q   When were you born?

                                                                    2673

       1   A   I was born in 1930.

       2   Q   And where do you currently live?

       3   A   I'm staying in Dar es Salaam.

       4   Q   Can you tell us what it is that you do for a living?

       5   A   Well, now I'm just a businessman.

       6   Q   What kind of business are you in, sir?

       7   A   Well, just selling fish.

       8   Q   And before you were selling fish, what kind of business

       9   were you in?

      10   A   Well, I was working in the post office.

      11   Q   That was in Dar es Salaam?

      12   A   Yes.

      13   Q   Did you also do work as a real estate broker?

      14   A   (Witness consults with interpreter)  Yes, I was selling

      15   and I was also find a little bit broker, an unlicensed broker.

      16   Q   And this is for real estate property in Dar es Salaam?

      17   A   Yes.

      18   Q   Is there an area of Dar es Salaam where you have done most

      19   of your broker work?

      20   A   Well, they're not broker.

      21   Q   Are you familiar with the location known as plot number

      22   213 in the Ilala district?

      23   A   Yes.

      24   Q   Back in 1998 did you help broker the leasing of that

      25   premises?

                                                                    2674

       1            (Witness consults interpreter)

       2   A   Yes, I remember.

       3            MR. KARAS:  If we could display to the witness and

       4   counsel only exhibit 1350A.

       5   Q   Sir, if you look at the screen there on the your left do

       6   you recognize what that is a picture of.

       7   A   Yeah, I recognize.  It's 213.

       8   Q   Ilala district?

       9   A   Yes.

      10   Q   And does that picture reflect what that house looked like

      11   back in June of 1998?

      12   A   (Witness consults interpreter)  Yes, the same.

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

      14   1350A.

      15            MR. RUHNKE:  No objection.

      16            THE COURT:  Received.

      17            (Government's Exhibit 1350A received in evidence)

      18   Q   Can you tell us, sir, in June of 1998 who it was that you

      19   helped rent that location to?

      20   A   Khalfani.

      21   Q   How was it that you met the person you know as Khalfani

      22   A   Well, first day he came his nephew and second day he came

      23   together with his nephew, Khalfani he came together with his

      24   nephew.

      25   Q   And did Khalfani tell you what type of house he was

                                                                    2675

       1   looking for?

       2   A   Well, he want, told me that he want big house and with a

       3   big walls.

       4   Q   Big walls.

       5   A   Yes.

       6   Q   And did you take him to places that fit that description?

       7   A   Yeah.

       8   Q   The first place that you took him to, did he like it,

       9   Khalfan?

      10   A   Yes.

      11   Q   Where was that place that you took him to?

      12   A   It's Ilala 213.

      13   Q   Had you taken him to other places?

      14   A   I took him but he was not a attracted like 213.

      15   Q   Did he explain why he didn't like the other places you had

      16   taken him to?

      17   A   He explained because that's a big house and also has got a

      18   big walls.

      19   Q   Did Khalfani tell you anything about whether or not he

      20   wanted a driveway in the house?

      21   A   No, he had told me that he want a house which has got a

      22   gate for a car.

      23   Q   And after Khalfani told you that he liked 213 Ilala what

      24   happened next?

      25   A   (Witness consults interpreter)  After that we went to the

                                                                    2676

       1   landlord.

       2   Q   What was the landlord's name?

       3   A   Mumin Ibrahim.

       4   Q   And what happened when you and Khalfan met with Mumin?

       5   A   We went there and then we paid the money.

       6   Q   And --

       7   A   One year rent.

       8   Q   When you went to pay the rent, was anybody with Khalfan?

       9   A   Yeah, he was.

      10   Q   What was that person's name?

      11   A   Well, I can't remember.  I remember Khalfani better

      12   because he used to come now and then always.

      13   Q   And the person whose name you don't remember, can you

      14   describe what he looked like?

      15   A   Who?

      16   Q   The person who was with Khalfan, whose name you don't

      17   remember.

      18   A   Yeah.

      19   Q   What did he look like?

      20   A   He looked like thin.  Well, he's got a small beard.

      21   Q   And could you tell whether or not this person spoke

      22   Swahili?

      23   A   Well, he doesn't speak Swahili.

      24   Q   And when Khalfan and this person were seeking speaking to

      25   each other could you tell what language they were speaking

                                                                    2677

       1   with?

       2   A   They were speaking Arabic.  When Khalfani wants to talk to

       3   me we talk Swahili, and Khalfani if he wants to talk to his

       4   friends or his family they speak Arabic.  The other one

       5   doesn't speak Swahili even and English.

       6            MR. KARAS:  If we can display what's already marked

       7   in evidence as 117.

       8   Q   Do you recognize the person in that picture?

       9   A   Yeah.

      10   Q   Who is that person?

      11   A   Is a neighbor of Khalfani.

      12   Q   I'm sorry?

      13   A   He was two, we went together to that house and he was

      14   staying together with Khalfani.

      15   Q   Do you know the name of the person that's in that picture?

      16   A   The first name I don't know.

      17   Q   Okay.  When you say that "we went together," can you tell

      18   us exactly where it was that you went with this person?

      19   A   I think so.

      20   Q   And where was that?

      21   A   We went together to pay the money.

      22   Q   So was the person in that picture there when Khalfani paid

      23   the money for 213?

      24   A   Yeah, he was there.

      25   Q   Who actually gave the money to the landlord?

                                                                    2678

       1   A   Well, this is the one who paid the money, but he count and

       2   pass the money to Khalfani and Khalfani send to the landlord.

       3   Q   Who was the person between Khalfani and the person in the

       4   picture who did the negotiating with the landlord?

       5   A   No, Khalfani he was negotiation, negotiate with the

       6   landlord because this fellow doesn't speak Swahili even and

       7   English.

       8   Q   When you first went to the landlord what was the rent that

       9   the landlord wanted to be paid?

      10   A   Well, it was 80, but Khalfani was claiming it be reduced

      11   to 65,000 shillings a month.

      12   Q   What was the price that was finally agreed to?

      13   A   What?

      14   Q   What was the rent?

      15   A   Rent it was 65.

      16   Q   That was the final agreement?

      17   A   Yeah.

      18   Q   And was that per month?

      19   A   Per month.  One month.

      20   Q   For how long did Khalfani rent 213?

      21   A   For one year.

      22   Q   And was there any kind of a signed agreement that

      23   reflected that one-year lease?

      24   A   Yeah, there was agreement with landlord and sister of the

      25   landlord including this fellow and Khalfani.

                                                                    2679

       1   Q   Can you tell whether or not you were there when the lease

       2   was signed?

       3   A   (Witness consults interpreter)  Yeah, I was there.

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

       5            THE COURT:  Yes.

       6   Q   Sir, I've put before you what has been marked for

       7   identification as Government Exhibit 1353.

       8            Can you take a look at that.  Do you recognize that?

       9   A   Yeah.

      10   Q   What is it?

      11   A   The agreement on 16 June.

      12   Q   Is that the lease that Khalfani signed for 213 Ilala?

      13   A   Yeah.

      14            MR. KARAS:  Your Honor, we offer exhibit 1353.

      15            THE COURT:  Received.

      16            (Government's Exhibit 1353 received in evidence)

      17            MR. KARAS:  If we could display it.

      18            I have no further questions.

      19            THE COURT:  Mr. Ruhnke.

      20   CROSS-EXAMINATION

      21   BY MR. RUHNKE:

      22   Q   Good afternoon, sir.

      23            The agreement was finally negotiated for 65,000

      24   Tanzanian shillings per month; is that correct?

      25   A   Yeah, correct.

                                                                    2680

       1   Q   And once the agreement was reached Khalfani, as you called

       2   him, turned and spoke to the other man in Arabic.  Is that

       3   correct?

       4   A   Yeah.

       5   Q   And did you understand a few words of Arabic?

       6   A   Yeah.

       7   Q   And he was asking him to give the money, correct, to give

       8   him the money to give to the landlord, correct?

       9   A   (Witness consults interpreter)  Yeah.

      10   Q   And so what happened is the man who spoke Arabic gave the

      11   money to Khalfani who then gave it to the landlord; is that

      12   correct?

      13   A   No, the Arabic doesn't know English and Swahili but they

      14   were speaking the amount which Khalfani could take to his

      15   friend or to his neighbors.

      16   Q   So the man whose picture was just shown to you, he is the

      17   man that had the money that was paid for the one year rent,

      18   correct?

      19   A   (Witness consults interpreter)  Yeah, he was the one who

      20   paid.

      21            MR. RUHNKE:  Thank you, sir.  I don't have any more

      22   questions.  Thank you very much.

      23            THE COURT:  Anything further of this witness?

      24            MR. KARAS:  No, your Honor.

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

                                                                    2681

       1   you.

       2            (Witness excused)

       3            THE COURT:  The government may call its next witness.

       4            MR. KARAS:  Your Honor, the government at this time

       5   would like to read from a stipulation that is marked for

       6   identification as Government Exhibit 64.

       7            It is hereby stipulated as follows:

       8            1.  On September 26, 1998 an inspector from the

       9   Tanzanian Criminal Investigation Division led a team of

      10   investigators from the Tanzanian CID to conduct a lawful

      11   search of a location known as 22 Kidugalo Street Ilala

      12   District, Dar es Salaam, Tanzania.  This location is a

      13   dwelling occupied by Salaam Islam.

      14            2.  During the search on September 26, 1998 a

      15   Tanzanian inspector recovered among other items one piece of

      16   luggage marked as Government Exhibit 1430, a photograph of

      17   which is marked as Government Exhibit 1430-P.  Inside the

      18   piece of luggage among the items were clothes, one electric

      19   Wasser washer and one wrench.  The washer is marked as

      20   Government Exhibit 1431 and a photograph of the washer is

      21   marked as Government Exhibit 1431-P.  The wrench is marked as

      22   Government Exhibit 1432 and a photograph of the wrench is

      23   marked as Government Exhibit 1432-P.

      24            3.  The luggage and its contents were turned over to

      25   a Special Agent from the Federal Bureau of Investigation.  The

                                                                    2682

       1   luggage and its contents later were transported from Dar es

       2   Salaam Tanzania to the United States via airplane and brought

       3   to the forensics laboratory at FBI headquarters in Washington,

       4   D.C.

       5            Your Honor, at this time we offer Government Exhibit

       6   64 and the exhibits referenced therein.

       7            THE COURT:  Received.

       8            (Government's Exhibits 64, 1430, 1430-P, 1431,

       9   1431-P, 1432 and 1432-P received in evidence)

      10            Finally, your Honor, stipulation marked for

      11   identification as Government Exhibit 65 which reads as

      12   follows:

      13            It is hereby he stipulated and agreed by the parties

      14   that:

      15            1.  On October 20 and October 23, 1998 investigators

      16   from the Tanzanian Criminal Investigation Division, CID, and

      17   special agents from the Federal Bureau of Investigation

      18   conducted a lawful search of the premises known as UB number

      19   48 Rubanka, Dar es Salaam Tanzania.  After the search on

      20   October 20, 1998 an FBI agent obtained custody of a flour mill

      21   which is marked as Government Exhibit 1440.  A photograph of

      22   the flour mill is marked as Government Exhibit 1440-P.  The

      23   flour mill was transported from Dar es Salaam, Tanzania to the

      24   United States via airplane and brought to the forensics

      25   laboratory at FBI headquarters in Washington, DC.

                                                                    2683

       1            3.  After the search on October 23, 1998, and FBI

       2   agent obtained custody of one ceiling fan motor, one set of

       3   ceiling fan blades, one piece of vinyl flooring, and one

       4   children's toilet seat which are marked as Government Exhibit

       5   1441 through 1444 respectively.  Photographs of these items

       6   are marked as Government Exhibits 1441-P through 1444-P

       7   respectively.  These items were transported from Dar es Salaam

       8   Tanzania to the United States via airplane and brought to the

       9   forensics laboratory at FBI headquarters in Washington, D.C.

      10            Your Honor, at this time we move into evidence Grand

      11   Jury Exhibit 65 and the exhibits referenced therein.

      12            THE COURT:  Received.

      13            (Government's Exhibits 65, 1440, 1440-P, 1441 through

      14   1444 and 1441-P through 1444-P received in evidence)

      15            (Continued on next page)

      16

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    2684

       1    MOHAMED MUSLIM SALUM,

       2        called as a witness by the government,

       3        having been duly sworn, testified as follows:

       4   DIRECT EXAMINATION

       5   BY MR. KARAS:

       6   Q   Good afternoon, sir.

       7   A   Fine.

       8   Q   Can you tell us where you were born.

       9   A   Zanzibar.

      10   Q   Where do you currently live?

      11   A   Zanzibar.

      12   Q   Have you lived in Zanzibar all your life?

      13   A   Yes.

      14   Q   Have you also spent some time in Dar es Salaam?

      15   A   Yes.

      16   Q   Do you know somebody by the name of Khalfan Khamis

      17   Mohamed?

      18   A   Yes.

      19   Q   When did you first meet him, approximately?

      20   A   I think in 1994.

      21   Q   How was it that you met him?

      22   A   After I met his young sister.

      23   Q   Sir, directing your attention to June of 1998, do you know

      24   where Khalfan Khamis Mohamed lived?

      25   A   Magomeni.

                                                                    2685

       1   Q   Is that an area within Dar es Salaam?

       2   A   Yes.

       3   Q   Do you know the exact address of where Khalfan lived at

       4   that time?

       5   A   No, I don't know.

       6   Q   If we could display what is marked in evidence as 1350A.

       7   Sir, if you could take a look at the screen there on your

       8   left, do you recognize that house?

       9   A   Yes.

      10   Q   Can you tell us the first time you visited that house?

      11   A   The end of June 1998.

      12   Q   Why did you go there?

      13   A   I went there to inspect the house so that when the tenants

      14   that were there moved out I could rent to other people.

      15   Q   Did you go there by yourself or with somebody else?

      16   A   I went with Khalfan.

      17   Q   Did Khalfan invite you to come to that house?

      18   A   Yes.

      19   Q   When you went to that house with Khalfan, what was your

      20   understanding of where he was living at that time?

      21   A   Magomeni.

      22   Q   Is that house in the Magomeni area of Dar es Salaam?

      23   A   Yes.

      24   Q   When you went to that house, was it your understanding

      25   that that's where Khalfan was living?

                                                                    2686

       1   A   No.  He told me that his friend lives there.

       2   Q   Did he tell you how many of his friends lived there?

       3   A   No.

       4   Q   You mentioned earlier that you were invited to go do an

       5   inspection of that house.  What was the purpose of your

       6   inspection?

       7   A   That if his friends moved out, then I can rent the place.

       8   Q   Did Khalfan indicate to you whether or not he expected his

       9   friends to move out from that place?

      10   A   In a short period of time.

      11   Q   Did Khalfan impose any requirements on who you should rent

      12   that place out to?

      13   A   Yes.

      14   Q   What were those requirements?

      15   "A   He want light-skinned like us.

      16   Q   Did you go into the house the first time you visited it in

      17   June?

      18   A   Yes.

      19   Q   Who if anybody was in the house when you went in?

      20   A   I don't see but I saw a young kid go open the door.

      21   Q   After you saw the young kid, did you see anybody else in

      22   the house?

      23   A   No.

      24   Q   Can you tell us how many rooms you saw inside the house?

      25   A   I saw one room, the first room, and the second room was

                                                                    2687

       1   woman inside, I couldn't go inside, and I saw the third one,

       2   the third one was locked.  I couldn't see inside.

       3   Q   Did Khalfan introduce you to any of his friends when you

       4   went to inspect the house that day?

       5   A   No.

       6   Q   Did you ever go back to that house after the first visit?

       7   A   Yes.

       8   Q   How many days or weeks after your first visit did you

       9   return to that house?

      10   A   After three weeks.

      11   Q   What happened when you went back the second time?

      12   A   I didn't see anything.  I knocked the door but nobody

      13   opened the door.

      14   Q   Did you go back to the house a third time?

      15   A   Yes.

      16   Q   Sir, do you remember when you learned that the American

      17   Embassy had been bombed in Dar es Salaam?

      18   A   I think it was August 7, 1998.

      19   Q   When you went back to the house the third time, was it

      20   before or after August 7, 1998?

      21   A   After the explosion.

      22   Q   What did you see when you went -- did you get into the

      23   house?

      24   A   Yes.

      25   Q   How did you get into the house?

                                                                    2688

       1   A   I have a key from Salum.

       2   Q   Who is Salum?

       3   A   He is the uncle of Khalfan.

       4   Q   Khalfan is Salum's uncle?

       5   A   Yes.

       6   Q   What did you see in the house when you went inside?

       7   A   Mattress, curtains, fan.

       8   Q   What kind of fan, sir?

       9   A   Pot for kids, bed.

      10   Q   What else?

      11   A   I think that's all I saw.

      12   Q   And you mentioned a fan.  What kind of fan?

      13   A   Ceiling fan.

      14   Q   What if anything did you do with those items you saw

      15   inside the house?

      16   A   I took them.

      17   Q   Where did you take them?

      18   A   I took them to my brother's house.

      19   Q   Do you know the number of the house that he lives in?

      20   A   I don't remember.

      21   Q   Do you know what district it is in within Dar es Salaam?

      22   A   Magomeni.

      23   Q   Sir, I place before you three items.  If we could start

      24   with the item to your left, which, for the record, is Exhibit

      25   1441, can you tell us what that item is to your left?

                                                                    2689

       1   A   Yes, it's a ceiling fan.

       2   Q   What about the item directly in front of you, which is

       3   1442?

       4   A   It's a fan for the ceiling --

       5   Q   Is it the blades?

       6   A   The blades.

       7   Q   And the item to your far right, which, for the record, is

       8   1444.

       9   A   That's the pot.

      10   Q   After you went to that house with Khalfan in June 1998,

      11   did you see him thereafter at any time?

      12   A   No.

      13   Q   Sir, I am going to ask you to take a look around the

      14   courtroom, and if you could let us know whether or not you see

      15   Khalfan Khamis Mohamed in the courtroom.

      16   A   Yes.

      17   Q   Can you tell us what he is wearing, sir.

      18            MR. RUHNKE:  Your Honor, we concede the

      19   identification of the defendant.

      20            MR. KARAS:  No further questions.

      21            THE COURT:  The record will indicate the

      22   identification of Khalfan Khamis Mohamed is conceded.

      23            MR. KARAS:  No further questions.

      24   CROSS-EXAMINATION

      25   BY MR. RUHNKE:

                                                                    2690

       1   Q   How are you?

       2   A   Fine.

       3   Q   So I understand the record, your brother is named Salum,

       4   Salum; is that correct?

       5   A   Salum Muslim.

       6   Q   But your brother Salum Muslim is married to Zuhuru, who is

       7   Khalfan Khamis Mohamed's sister; is that correct?

       8   A   Yes.

       9   Q   So you are the brother-in-law to Zuhuru; is that correct?

      10   A   Yes.

      11   Q   You still live on Zanzibar; is that correct?

      12   A   Yes.

      13   Q   Have you visited the home of Khalfan Mohamed's mother in

      14   Kidimni?

      15   A   Yes.

      16   Q   Do you know Mr. Mohamed's mother then, Hadyea Rubeya?

      17   A   Repeat the name again.

      18   Q   Have you met Mr. Khalfan Mohamed's mother Hadyea?

      19   A   Yes.

      20   Q   Do you know Mr. Mohamed's twin sister Fatuma?

      21   A   Yes.

      22   Q   Do you know her husband Masselim Masselim?

      23   A   Yes.

      24   Q   You know Mr. Mohamed also has a brother named Nassor, but

      25   am I correct that you have never actually met Nassor?

                                                                    2691

       1   A   Yes.

       2   Q   Have you met Nassor?

       3   A   Yes.

       4   Q   For a period of time Nassor was living in Canada; is that

       5   correct?

       6   A   Yes.

       7   Q   And you know Mr. Mohamed's brother Mohamed K. Mohamed,

       8   correct?

       9   A   Yes.

      10   Q   Do you know that Mohamed K. Mohamed is now living in

      11   London?

      12   A   Yes.

      13   Q   Do you know Mr. Mohamed's other sister Salma?

      14   A   No, I don't know.  No.

      15   Q   How about his half sister Raya, Raya Juma?

      16   A   No, I don't know.

      17   Q   Or his half brother Haji Juma, who lives on Pemba?

      18   A   No, I don't know him.

      19   Q   Kidinmni is a very rural area of Zanzibar, is it not?

      20   A   Yes.

      21   Q   It is dirt roads and farms mostly, correct?

      22   A   Yes.

      23   Q   The items in front of you, the fan, the blades -- and the

      24   item far to your right is a child's toilet; is that correct?

      25   A   Yes.

                                                                    2692

       1   Q   As I understand the situation, Mr. Mohamed, Khalfan

       2   Mohamed, brought you to the house at 213 Ilala, correct?

       3   A   Yes.

       4   Q   He told you that the people who were living there were

       5   going to be leaving soon; is that correct?

       6   A   Yes.

       7   Q   He wanted you, once the people left, to bring those things

       8   to his sister Zuhuru, correct?

       9   A   Yes.

      10            (Continued on next page)

      11

      12

      13

      14

      15

      16

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    2693

       1            MR. RUHNKE:  Thank you, sir.  I have no more

       2   questions.

       3            THE COURT:  Anything further?

       4            MR. KARAS:  No, your Honor.

       5            THE COURT:  Very well.  You may step down.

       6            (Witness excused)

       7            THE COURT:  We will take our midafternoon recess.

       8            (Recess)

       9            (Jury not present)

      10            THE COURT:  Mr. Interpreter, please tell the witness

      11   to speak into the microphone in a loud voice so that those in

      12   the courtroom who speak Swahili can hear him.

      13            What date did I give defense counsel for their

      14   requests to charge?

      15            MR. WILFORD:  23rd, your Honor.

      16            (Jury present)

      17            THE COURT:  The government may call its next witness.

      18            MR. KARAS:  Your Honor, the government calls Zahran

      19   Nassor Maulid.

      20    ZAHRAN NASSOR MAULID,

      21        called as a witness by the government,

      22        having been duly sworn, testified as follows:

      23            (Witness testifies in English)

      24

      25            (Continued on next page)

                                                                    2694

       1   DIRECT EXAMINATION

       2   BY MR. KARAS:

       3   Q   Mr. Maulid, good afternoon.

       4   A   Good afternoon.

       5   Q   Sir, do you know Khalfan Khamis Mohamed?

       6   A   Yes.

       7   Q   How do you know him?

       8   A   I know him because we are football players and we are in

       9   the same school.

      10   Q   Was that in the late 1980's, sir, that you went to school

      11   with Khalfan?

      12   A   About '87 or '88.

      13   Q   Where do you work?

      14   A   I work to the Registrar Office in Zanzibar.

      15   Q   How long have you worked there?

      16   A   About five years.

      17   Q   What does the Registrar Office do in Zanzibar?

      18   A   We produce documents, birth certificates, document of

      19   marriage, document of house, and document of companies.

      20   Q   What is it you exactly do at the Registrar Office?

      21   A   I am a clerk.

      22   Q   Sir, did there come a time that Khalfan Khamis Mohamed

      23   came to you and asked for your help on something?

      24   A   February 1, 1998.

      25   Q   February 1998?

                                                                    2695

       1   A   Yes, but February, March 1, 1998.

       2   Q   What was it that Khalfan Khamis Mohamed asked you to do

       3   for him?

       4   A   He asked me to borrow him my birth certificate.

       5   Q   Can you tell us whether or not he also asked for a school

       6   certificate?

       7   A   Yes.

       8   Q   Did you give him a school certificate?

       9   A   Yes.

      10   Q   In what name was the school certificate?

      11   A   Zahran Nassor Maulid.

      12   Q   Which is your name?

      13   A   Yes.

      14   Q   Did you give him the birth certificate?

      15   A   Yes.

      16   Q   What name was the birth certificate in?

      17   A   Zahran Nassor Maulid.

      18            MR. KARAS:  May I approach, your Honor?

      19            THE COURT:  Yes.

      20   Q   Mr. Maulid, I have placed before you what has been marked

      21   for identification as Government's Exhibit 1453A.  Can you

      22   take a look at that document that is sitting in front of you.

      23   Do you recognize it?

      24   A   Yes.

      25   Q   What is it?

                                                                    2696

       1   A   This is a birth certificate.

       2   Q   In whose name?

       3   A   Zahran Nassor Maulid.

       4   Q   Is that a legitimate birth certificate in your name?

       5   A   That is not true.

       6   Q   When you say it is untrue, does that mean it is a valid

       7   birth certificate, or it is not a valid birth certificate?

       8   A   (Through interpreter) He is trying to identify valid and

       9   not valid.

      10   Q   Let me ask you this question, sir.  Did you make any

      11   changes to the birth certificate?

      12   A   Yes.

      13   Q   What changes did you make?

      14   A   I changed the date of birth, the tribe and occupation of

      15   the father, and the name of Maulid.

      16   Q   Who asked you to do that?

      17   A   Khalfan Khamis Mohamed.

      18   Q   Did there come a time that Khalfan asked for your help in

      19   obtaining a passport?

      20   A   Yes.

      21   Q   In whose name did he want the passport?

      22   A   Zahran Nassor Maulid.

      23   Q   Did you get him a passport in your name?

      24   A   No.

      25   Q   Did he ask you for any other documents, for you to produce

                                                                    2697

       1   any other documents for him?

       2   A   He asked me about a marriage certificate.

       3   Q   In whose name did he want the marriage certificate?

       4   A   Zahran Nassor Maulid.

       5   Q   Who was to be the spouse in that marriage certificate?

       6   A   Rahma --

       7   Q   I am sorry.  What was the full name?

       8   A   Rahma Ahmed Khamis.

       9   Q   Do you know anybody by the name of Rahma Ahmed Khamis?

      10   A   Yes.

      11   Q   Who do you know by that name?

      12   A   Wife of the brother of Khalfan.

      13   Q   Did Khalfan ask for any birth certificates?

      14   A   Yes.

      15   Q   In whose names?

      16   A   Sumaiyya and Usama.

      17   Q   Did you get those items for Khalfan?

      18   A   Yes.

      19   Q   Did Khalfan indicate to you why it was he wanted all these

      20   documents?

      21   A   Yes.

      22   Q   Why did he say he wanted these documents?

      23   A   He said he want to apply a visa for United Kingdom to his

      24   brother.

      25   Q   Can you tell us the last time you saw Khalfan?

                                                                    2698

       1   A   On that year that he came to take the certificates.

       2   Q   Does that include the birth certificate in your name that

       3   is in front of you there?

       4   A   Yes.

       5            MR. KARAS:  Your Honor, we offer Government's Exhibit

       6   1453A.

       7            MR. RUHNKE:  No objection.

       8            THE COURT:  Received.

       9            (Government's Exhibit 1453A received in evidence)

      10   Q   Sir, do you see Khalfan Khamis Mohamed here in the

      11   courtroom today?

      12   A   I didn't see him.

      13            MR. KARAS:  No further questions.

      14   CROSS-EXAMINATION

      15   BY MR. RUHNKE:

      16   Q   Mr. Maulid, good afternoon.  How are you, sir?

      17   A   Good afternoon.

      18   Q   You know that Rahma Ahmed is married to Khalfan Khamis

      19   Mohamed's brother Mohamed K. Mohamed, correct?

      20            THE INTERPRETER:  Can you repeat it.

      21   Q   You were asked to help to get a birth certificate or a

      22   marriage certificate for Rahma Ahmed Khamis, correct?

      23   A   Yes.

      24   Q   You know that she is the wife of Khalfan Mohamed's

      25   brother; is that correct?

                                                                    2699

       1   A   Yes.

       2   Q   The brother in this case is Mohamed K. Mohamed, correct?

       3   A   Yes.

       4   Q   You knew at the time this was happening, which was early

       5   1998, that Mohamed K. Mohamed was living in London; is that

       6   correct?

       7   A   Yes.

       8   Q   And Khalfan Mohamed told you that he wanted to go to

       9   London to start a new life, correct?

      10   A   Yes.

      11   Q   And that he lacked the necessary education, he thought, to

      12   qualify for a visa; is that correct?

      13   A   Yes.

      14   Q   You and he went to the same school; is that correct?

      15   A   Yes.

      16   Q   Is that the school in Dunga, D-U-N-G-A, the Dunga school?

      17   A   No.

      18   Q   What school did you attend with him?

      19   A   We are a secondary school.

      20   Q   How old are you, sir, today?  How old are you?

      21   A   I?  I am ninth.

      22   Q   Twenty-nine?

      23   A   Yes.

      24   Q   So you are older, maybe a year older than Mr. Mohamed; is

      25   that correct?

                                                                    2700

       1   A   Yes.

       2   Q   You finished your secondary education, correct?

       3   A   Yes.

       4   Q   He did not finish his secondary education, correct?

       5   A   Correct.

       6   Q   Is that your understanding of why he wanted your

       7   certificate of education?  Do you understand that is why he

       8   wanted it?

       9   A   Yes.

      10   Q   The two children you mentioned, Sumaiyya and Usama, are

      11   the daughter and the son of Mohamed K. Mohamed, correct?

      12   A   Correct.

      13   Q   And also of his wife Rahma Ahmed Mohamed, correct?

      14   A   Yes.

      15   Q   As you understood the plan, sir, Mr. Khalfan Mohamed

      16   wanted to go to the UK to be with his brother, correct?

      17   A   Correct.

      18   Q   And he was going to bring his brother's family with him

      19   pretending that they were his family; is that correct?

      20   A   Correct.

      21   Q   So that everyone could move to London together, correct?

      22   A   Yes.

      23   Q   You knew also that -- you knew other members of

      24   Mr. Khalfan Mohamed's family, correct, from Zanzibar?

      25   A   Yes.

                                                                    2701

       1   Q   You had been to their home in the little village of

       2   Kidimni?

       3   A   Yes.

       4   Q   You played football or soccer with Rubeya, correct?

       5   A   Yes.

       6   Q   Rubeya was a very good soccer player?

       7   A   Yes.

       8            MR. RUHNKE:  Thank you, your Honor.  I have no

       9   further questions.

      10            MR. KARAS:  Very brief, your Honor.

      11   REDIRECT EXAMINATION

      12   BY MR. KARAS:

      13   Q   Sir, the documents that Khalfan Khamis Mohamed asked you

      14   to produce, did he ask you to produce any of those documents

      15   in his name?

      16   A   No.

      17   Q   Did he ask you for a passport in his name?

      18   A   No.

      19            MR. KARAS:  Nothing further.

      20            THE COURT:  Anything further of this question?

      21            MR. RUHNKE:  Just a moment for a quick question.

      22   RECROSS-EXAMINATION

      23   BY MR. RUHNKE:

      24   Q   If somebody went to look for a certificate of school

      25   completion in the name of Khalfan Khamis Mohamed, it would not

                                                                    2702

       1   find one, is that correct, if somebody checked, because he did

       2   not finish school, correct?

       3   A   Yes.

       4            (Continued on next page)

       5

       6

       7

       8

       9

      10

      11

      12

      13

      14

      15

      16

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    2703

       1            MR. RUHNKE:  Thank you, sir.  No more questions.

       2            THE COURT:  Thank you, sir.  You may step down.

       3            (Witness excused)

       4            THE COURT:  Anything further today?

       5            MR. FITZGERALD:  The next witness is 20 minutes, your

       6   Honor.

       7            THE COURT:  We will do that on Monday.

       8            Have a good weekend.  Please remember not to read,

       9   watch, listen to anything about this case or about any other

      10   case that you think may be in any way related to this case.

      11   Have a good weekend.  We will see you on Monday.

      12            (Jury excused)

      13            THE COURT:  Anything further?  We are adjourned until

      14   Monday morning.

      15            (Proceedings adjourned until Monday, March 19, 2001,

      16   at 10:00 a.m.)

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    2704

       1

       2                        INDEX OF EXAMINATION

       3   Witness                    D      X      RD     RX

       4   SATOSHI MITSUGI.........2581   2588

       5   MOHAMED ZAIDI...........2593   2601    2604

       6   THABIT SAADALLA.........2604   2609

       7   JULIUS KISINGO CEM......2610   2621

       8   AMINA RASHID..........  2630

       9   ABDULWAHDI AHMED SALUM..2639   2645

      10   ALLY SAID ALI...........2653   2658

      11   ABDALLAH HAMISI SHLLM...2661   2668

      12   MOHAMEDI CHATWANDA....  2672 2679

      13   MOHAMED MUSLIM SALUM....2684   2689

      14   ZAHRAN NASSOR MAULID....2693   2698    2701    2701

      15

      16

      17                        GOVERNMENT EXHIBITS

      18   Exhibit No.                                     Received

      19    1175 .......................................2584

      20    54 .........................................2592

      21    55 .........................................2592

      22    1300 .......................................2597

      23    1456A ......................................2606

      24    1456F ......................................2607

      25    1457 .......................................2607

                                                                    2705

       1    1178B ......................................2613

       2    1178A ......................................2615

       3    58, 1176, 1176-T, 1177 and 1177-T ..........2627

       4    61, 1300, 1302 through 1305, 1302-P

       5    through 1305-P, 1306A-I, 1306E-P, 1307,

       6    1308 1309A-B............................... 2629

       7    124 ........................................2634

       8    63, 1400A, 1400B, 1401, 1402, 1401-P

       9    and 1402-P..................................2638

      10    62 and 1460 ................................2671

      11    60 and 1420 ................................2672

      12    1350A ......................................2674

      13    1353 .......................................2679

      14    64, 1430, 1430-P, 1431, 1431-P,

      15   1432 and 1432-P............................. 2682

      16    65, 1440, 1440-P, 1441 through 1444

      17   and 1441-P through 1444-P................... 2683

      18    1453A ......................................2698

      19

      20

      21

      22

      23

      24

      25

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