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

This is the transcript of Day 13 of the trial, March 1, 2001.

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

                                                                    1796

       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 1, 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

                                                                    1797

       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
           SAM A. SCHMIDT
       7   JOSHUA DRATEL
           KRISTIAN K. LARSEN
       8        Attorneys for defendant Wadih El Hage

       9   ANTHONY L. RICCO
           EDWARD D. WILFORD
      10   CARL J. HERMAN
           SANDRA A. BABCOCK
      11        Attorneys for defendant Mohamed Sadeek Odeh

      12   FREDRICK H. COHN
           DAVID P. BAUGH
      13        Attorneys for defendant Mohamed Rashed Daoud Al-'Owhali

      14   JEREMY SCHNEIDER
           DAVID STERN
      15   DAVID RUHNKE
                Attorneys for defendant Khalfan Khamis Mohamed
      16

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    1798

       1            (Trial resumes)

       2            THE COURT:  Mr. Fitzgerald, I received a letter from

       3   Mr. Cohn on behalf of his client and K.K. Mohamed with respect

       4   to separate trials.

       5            MR. FITZGERALD:  Oh, I thought -- just one letter

       6   from Mr. Cohn, correct?

       7            THE COURT:  One letter.  He said it's submitted on

       8   behalf of the capital defendants Mohamed Al-'Owhali and K.K.

       9   Mohamed.

      10            MR. FITZGERALD:  Okay.  Yes, your Honor.

      11            THE COURT:  I assume this is a joint letter.

      12            MR. COHN:  It is, your Honor, and I gave a copy to

      13   Mr. Fitzgerald the same time I sent it to you.

      14            MR. FITZGERALD:  Yes.

      15            THE COURT:  I just want to know when the government

      16   will respond.

      17            MR. FITZGERALD:  We'll respond by next Tuesday.

      18            THE COURT:  Fine.

      19            With respect to Ambassador Bushnell's testimony, has

      20   she been apprised or will she be apprised of the limitation

      21   agreed on in response to your in limine motion?

      22            MR. BUTLER:  Yes, your Honor.

      23            THE COURT:  I say that because just driving to the

      24   courthouse today there was a report on the trial and the

      25   testimony, her anticipated testimony, which was somewhat

                                                                    1799

       1   inconsistent with this.

       2            I see Mr. Ruhnke is not here yet.

       3            MR. STERN:  Mr. Ruhnke is not going to be here.  I

       4   know he wrote you a letter asking to be excused.

       5            THE COURT:  There is a request for in limine

       6   instruction.

       7            MR. FITZGERALD:  We'll consent.

       8            THE COURT:  You consent to it as written?

       9            MR. FITZGERALD:  Mr. Karas is looking at it.  I think

      10   he said he would consent.  I want to check with him when he

      11   comes down if there is any change in language, but I believe

      12   so.

      13            THE COURT:  All right, there are some language

      14   changes that I thought might be appropriate.  "We will hear

      15   testimony" and I don't see why it should be limited to today.

      16            All right.

      17            MR. FITZGERALD:  Mr. Karas was looking at that.

      18            THE COURT:  All right.

      19            MR. FITZGERALD:  I think in concept we would consent.

      20            MR. STERN:  Fine.

      21            THE COURT:  Okay.  All right.  Is everybody here who

      22   is going to be here?

      23            No.  We're still lacking counsel.

      24            MR. FITZGERALD:  Your Honor, we may need a moment.

      25   We cleared out of the courtroom -- I know the defense team

                                                                    1800

       1   wanted certain exhibits in the courtroom.  We are searching

       2   for them and are bringing them to the courtroom.

       3            THE COURT:  I wanted to take up these preliminary

       4   matters.  Why don't you let me know when you are ready to

       5   proceed.

       6            MR. FITZGERALD:  Thank you, Judge.

       7            (Recess)

       8            THE COURT:  I've just been handed a letter from

       9   counsel for El Hage requesting a continuance between the close

      10   of the government's case and the start of defense case, and I

      11   will consider that.

      12            I have one thought that I would like to share with

      13   counsel in that regard, and that is that if there is a

      14   continuance, that any motions to be made at the close of the

      15   government's case be made prior to any such continuance so

      16   that if they require research or analysis or so on on the part

      17   of the Court, that can occur during the continuance.  And if

      18   there is anyone who objects to that, I would like to know that

      19   before I make a decision with respect to whether there will be

      20   any continuance.

      21            Any reason not bring in the jury?  Are we ready for

      22   the jury?

      23            MR. WILFORD:  One second, your Honor.

      24            THE COURT:  Yes?

      25            MR. WILFORD:  Just one second.

                                                                    1801

       1            MR. FITZGERALD:  Yes, Judge, I think we can proceed

       2   with regard to the reading.

       3            THE COURT:  All right.  Mr. Karas, we were told that

       4   you are going to be the final word on the -- or the next to

       5   final word, second to final word on the limiting instruction

       6   with respect to K.K. Mohamed?

       7            MR. KARAS:  We have no objection to the language that

       8   is in that letter.

       9            THE COURT:  Okay.  Just the way it is?

      10            MR. KARAS:  Yes.

      11            THE COURT:  Except we'll take out "today."

      12            (Jury present)

      13            THE COURT:  Good morning.

      14            THE JURY:  Good morning.

      15            THE COURT:  Mr. Fitzgerald?

      16            MR. FITZGERALD:  Yes, your Honor.  We're going to

      17   continue reading the transcripts from yesterday.  We're going

      18   to start with 211B and Ms. Sada and Mr. Francisco again will

      19   read the parts that is in Arabic conversation that was

      20   recorded on February 7th, 1997 at the time of 20:58.  That's

      21   211B.

      22            (Government Exhibit 211B, in evidence, read to the

      23   jury)

      24            MR. FITZGERALD:  The next conversation that will be

      25   read will be Government Exhibit 211C, also on February 7th,

                                                                    1802

       1   1997, at 21:11.

       2            (Government Exhibit 211C, in evidence, read to the

       3   jury)

       4            MR. FITZGERALD:  Your Honor, the next conversation we

       5   will read is the following conversation, 211D, also occurring

       6   on February 7th, 1997, at 21:15.

       7            (Government Exhibit 211D, in evidence, read to the

       8   jury)

       9            MR. FITZGERALD:  The next conversation the government

      10   will read is Government Exhibit 212A-T, which is a

      11   conversation recorded on February 14th, 1997 at 17:43.

      12            (Government Exhibit 212A-T, in evidence, read to the

      13   jury)

      14            MR. FITZGERALD:  Your Honor, the next conversation we

      15   would read is Government Exhibit 213A-T, and that's a

      16   conversation recorded on February 21, 1997 at 16:01.

      17            (Government Exhibit 213A-T, in evidence, read to the

      18   jury)

      19            MR. KARAS:  Your Honor, we will now read a

      20   translation marked as 310-74A-T.

      21            (Government Exhibit 310-74A-T, in evidence, read to

      22   the jury)

      23

      24            (Continued on next page)

      25

                                                                    1803

       1            MR. FITZGERALD:  Your Honor, we would now leave the

       2   computer documents for a moment to read four transcripts and

       3   then go back to the computer documents.

       4            The transcripts, we will start with transcript

       5   Government's Exhibit 222A, which is a conversation recorded on

       6   July 13 and 14 of 1997, and Mr. Francisco and Ms. Seda will

       7   read the parts.

       8            (Government's Exhibit 222A in evidence read to the

       9   jury)

      10            MR. FITZGERALD:  The next conversation we will read

      11   is Government's Exhibit 219A-T.  That is a conversation

      12   recorded on the following day, July 15, 1997, at 21:08.

      13   Again, that is Government's Exhibit 219A.

      14            (Government's Exhibit 219A-T in evidence read to the

      15   jury)

      16            MR. FITZGERALD:  Your Honor, the next transcript we

      17   would read is Government's Exhibit 220A-T, and that is a

      18   conversation recorded on July 27, 1997 at 19:44.

      19            (Government's Exhibit 220A-T read to the jury)

      20            MR. FITZGERALD:  Your Honor, we are going to read one

      21   more conversation today, and that is Government's Exhibit

      22   223A-T, which is a conversation report recorded on August 13

      23   or 14, 1997.

      24            (Government's Exhibit 223A-T in evidence read to the

      25   jury)

                                                                    1804

       1            MR. KARAS:  Your Honor, we would next propose to read

       2   300A-T, which is a translation of 300A-1 and 300A-T, two of

       3   the files that were retrieved from the computer.

       4            THE COURT:  We will take a recess.

       5            (Jury excused)

       6            MR. SCHMIDT:  Your Honor, I want to make one thing

       7   your Honor aware of.  We received the transcript that the

       8   government was using, I think it was last week.  The

       9   transcripts that we have have been fully modified without us

      10   being made known that there are modifications in the

      11   transcripts.  There are words that are different on what was

      12   shown to the jury today than appears in the copies of the

      13   transcripts that we have.

      14            THE COURT:  Mr. Karas is shaking his head no, so why

      15   don't you talk to each other over the recess.

      16            MR. SCHMIDT:  And the exhibit numbers are different

      17   on some of them as well.

      18            THE COURT:  See if you can give me an example of

      19   that --

      20            MR. SCHMIDT:  I can give you an example now --

      21            THE COURT:  Give it to Mr. Karas.

      22            MR. KARAS:  We will work it out, your Honor.

      23            (Recess)

      24            MR. BUTLER:  Your Honor, Mr. Stern is unavailable.

      25            THE COURT:  When Mr. Stern returns, will you share

                                                                    1805

       1   this with him.

       2            MR. BUTLER:  Yes.

       3            THE COURT:  I have been thinking about the request

       4   for the continuance between the government's case and the

       5   defense case.  This is just some tentative thinking that I

       6   want to share with you.  We don't know what day of the week

       7   the government will rest, but perhaps what we could do is have

       8   a formula which is that at day one the government rests, day

       9   four -- these are business days -- day four any defendant's

      10   motions normally made at the close of the government's case

      11   are due.  Day seven the government's reply is due.  Day 13 we

      12   resume with the jury the defense case.

      13            MR. COHN:  Your Honor, I just have one question,

      14   which may be premature but I want to alert you to it.  It is

      15   our understanding should there be a penalty phase, there will

      16   be a hiatus between that trial, the trial in chief, and the

      17   penalty phase, and I want to make sure that this will not

      18   affect that consideration.

      19            THE COURT:  That will be a week at the most.

      20            MR. COHN:  Whatever it is, I want to make sure that

      21   doesn't enter into the equation.

      22            THE COURT:  Something like that.  And then we should

      23   talk about telling the jury that the working assumption is

      24   that it will be concluded prior to August, so that jurors

      25   don't start making plans based on the dates we gave them.  Can

                                                                    1806

       1   I do that at the end of the day?

       2            MR. COHN:  As far as defendant Al-'Owhali is

       3   concerned, yes.

       4            THE COURT:  Mr. Stern, all right if at the end of the

       5   day I tell the jury that we anticipate that all proceedings

       6   will be concluded prior to August 1?

       7            MR. STERN:  That makes sense, yes.

       8            THE COURT:  Have you worked out this matter of the

       9   disparities between the transcripts given to the defense and

      10   those --

      11            MR. FITZGERALD:  We are working on it.  We are trying

      12   to work out if something got lost in the shuffle.  There is a

      13   more timely issue on the instruction that Mr. Karas wanted to

      14   address.

      15            THE COURT:  Is there anything of a magnitude that

      16   requires correction to the jury right now?  Mr. Dratel is

      17   shaking his head.

      18            MR. KARAS:  We had a chance to speak to counsel for

      19   Mr. El Hage regarding their joining in an instruction proposed

      20   by Mr. Ruhnke.  We did not have a chance to talk about it with

      21   Mr. Ruhnke and I would read out loud how we would propose to

      22   read the charge.

      23            In receiving this evidence, I wish to instruct you

      24   that the defendants K.K. Mohamed and Wadih El Hage have not

      25   been charged with participating in the bombing of the embassy.

                                                                    1807

       1   The next sentence will be changed to read instead of he is

       2   not, they are not charged.  Then we would propose to delete

       3   the next sentence beginning the government does not contend.

       4   Then the sentence beginning with evidence of the Nairobi

       5   bombing is relevant to K.K. Mohamed and Wadih El Hage solely

       6   to the extent it establishes the scope and goals.  So and

       7   goals would be added.

       8            THE COURT:  The scope and goals.

       9            MR. KARAS:  Of the overall conspiracy with which they

      10   are, instead of he is.

      11            THE COURT:  Alleged to have been members.

      12            MR. KARAS:  Then the last sentence, we would propose

      13   to add and El Hage.

      14            THE COURT:  The substance is, you have added El Hage

      15   and you have deleted the sentence the government does not

      16   contend.

      17            MR. KARAS:  Yes.  And we have added and goals

      18   regarding the conspiracy.

      19            THE COURT:  I have that.  I will do that at what

      20   point?

      21            MR. KARAS:  Before Ambassador Bushnell testifies.

      22            THE COURT:  Is she the next order of business?

      23            MR. KARAS:  She is not.  We will finish reading the

      24   computer document and then there will be testimony concerning

      25   the Witu search.

                                                                    1808

       1            THE COURT:  But the sentence some of these witnesses

       2   suffered serious injuries in the bombing, you are leaving that

       3   in?

       4            MR. KARAS:  Yes.

       5            MR. COHN:  Do you wish to tell the jury at the end of

       6   the day about the two-week break?

       7            THE COURT:  I was just brooding about that.  The

       8   difficulty is that it is hard -- that is a movable matter and

       9   it is so hard to tell when that will take place.  I think when

      10   we have greater certainty as to when it is that the government

      11   would rest it would be helpful to them to know that.  I might

      12   say, and we are going to make every effort to have a week's

      13   hiatus sometime in April.

      14            Is the witness still ambassador?

      15            MR. KARAS:  Yes, your Honor, to Guatemala.

      16            (Jury present)

      17            MR. KARAS:  Your Honor, just again, at this time we

      18   are going to read 300A-T, which is the translation of 300A-1

      19   and A-1, two of the documents from the computer about which

      20   there was testimony yesterday.

      21            THE COURT:  Let me interrupt you, if I may.  Is this

      22   continuation of some document?  Do we have any heading or

      23   date?

      24            MR. KARAS:  No, your Honor.

      25            THE COURT:  This is the way the document begins?

                                                                    1809

       1            MR. KARAS:  Exactly, your Honor.

       2            (Government's Exhibit 300A-T read to the jury)

       3            (Continued on next page)

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                                                                    1810

       1            MR. FITZGERALD:  Your Honor, the government would now

       2   call Special Agent Howard Leadbetter.

       3    HOWARD LEADBETTER II,

       4        called as a witness by the government,

       5        having been duly sworn, testified as follows:

       6            DEPUTY CLERK:  Please be seated, sir.  Would you

       7   please state your full name to the jury.

       8            THE WITNESS:  Howard Leadbetter II.

       9            DEPUTY CLERK:  Please spell your last name.

      10            THE WITNESS:  Leadbetter.

      11            DEPUTY CLERK:  Spell it.

      12            THE WITNESS:  L-E-A-D-B-E-T-T-E-R.

      13   DIRECT EXAMINATION

      14   BY MR. FITZGERALD:

      15   Q.  If you adjust the microphone, you won't have to lean to

      16   your left.

      17            Agent Leadbetter, can you tell the jury how you are

      18   employed?

      19   A.  Yes, I'm a supervisor special agent for the Federal Bureau

      20   of Investigation.

      21   Q.  For how long have you worked for the FBI?

      22   A.  Ten years and three months.

      23   Q.  Let me direct your attention to the period of August of

      24   1998.  Did there come a time that you were employed overseas?

      25   A.  Yes, there did.

                                                                    1811

       1   Q.  Where were you employed?

       2   A.  I was sent to Nairobi, Kenya.

       3   Q.  Were you with a particular team?

       4   A.  Yes.  I was the team leader of an evidence response team

       5   from the New York office.

       6   Q.  I'm going to move ahead to your duties in August of 1998

       7   to the time period of August 24th, 1998.

       8   A.  Yes.

       9   Q.  On that day were you assigned any particular duties as

      10   part of your responsibility for the evidence response team?

      11   A.  Yes, I was.

      12   Q.  Can you tell the jury what you did that day.

      13   A.  Yes.  On that day I was assigned to take a team to a

      14   village in northeastern Kenya, a village named Witu, to

      15   conduct a search of a residence.

      16   Q.  And can you tell us as best you can recall who the team

      17   was composed of.  You don't need to tell us the names, but

      18   tell us if they were American or Kenyan officials.

      19   A.  Including myself, there were a total of seven American

      20   personnel.  There was also one Kenyan CID officer who

      21   accompanied us from Nairobi.  There was also a, I believe a

      22   Kenyan national with him, and we were met en route by an

      23   additional Kenyan CID officer and some Kenyan military

      24   personnel, who served as escorts.

      25   Q.  You mentioned a Kenyan natural who traveled with you.

                                                                    1812

       1   What was the name of that person?

       2   A.  I don't know his name.  I was led to understand, however,

       3   he was the brother-in-law of one of the individuals whose

       4   residence we were going to search.

       5   Q.  And when you got to Witu, did you find the location?

       6   A.  Yes, we did.

       7   Q.  And how did you get inside the location?

       8   A.  The Kenyan police, the Kenyan CID, were able to get us

       9   access.  I don't recall specifically how we initially gained

      10   access.

      11   Q.  Do you know if the brother-in-law of the person helped get

      12   in at all?

      13   A.  In the interior he helped us get into part of the house

      14   that was -- but not initially.

      15   Q.  During the course of the search or during the course of

      16   the day did you take photographs of this residence in Witu?

      17   A.  Yes, we did.

      18   Q.  Let me approach you with what is premarked as Government

      19   Exhibit 709A through D.

      20            If I could ask you to look at those pictures, and if

      21   we could also display it on the screen for counsel and the

      22   witness only at this time, and ask you to tell us whether or

      23   not those are fair and accurate photographs of the location

      24   that you conducted a search of on August 24th, 1998.

      25   A.  Yes, they are.

                                                                    1813

       1            MR. FITZGERALD:  Your Honor, I would offer Government

       2   Exhibits 709A through D.

       3            MR. HERMAN:  No objection.

       4            THE COURT:  Received.

       5            (Government Exhibits 709A through 709D received in

       6   evidence)

       7   BY MR. FITZGERALD:

       8   Q.  If we could now display 709 to the public and to the jury,

       9   and Agent Leadbetter, if you could describe what we're seeing

      10   in this photograph.

      11   A.  Yes, this is a view looking at the rear of the residence.

      12   There is an area that's covered that is kind of a workshop

      13   area, and then you have the rear wall of the house itself.

      14   Q.  Did you understand this to be the residence of Mohamed

      15   Odeh?

      16   A.  Yes.

      17   Q.  And can you now take us to 709B and describe what we see

      18   in that picture.

      19   A.  This is a view looking along the side of the same

      20   residence.

      21   Q.  And go to 709C next.

      22   A.  This is a view from the road in front of the residence,

      23   looking at the front.

      24   Q.  And finally, 709D.

      25   A.  Yes, this is from the side entrance to the residence where

                                                                    1814

       1   we initially entered.  Looking inside to the right is the main

       2   part of the house, and to the left there are some additional

       3   rooms at the rear of the residence.

       4   Q.  During the course of the search you conducted, did you

       5   make a sketch of the interior layout of this residence?

       6   A.  Yes, I did.

       7   Q.  Let me approach you with what has been premarked as

       8   Government Exhibit 708.  If we could also display that to

       9   counsel and the witness only for the moment, and I'll ask you

      10   to look at that and tell us if you recognize what that is.

      11   A.  Yes, this is the sketch I prepared of the residence.

      12   Q.  Is that, to the best of your ability, a fair and accurate

      13   sketch of the way the residence appeared to you on that day in

      14   terms of the layout of the rooms?

      15   A.  Yes, it does.

      16            MR. FITZGERALD:  Your Honor, I would offer Government

      17   Exhibit 708.

      18            THE COURT:  Received.

      19            (Government Exhibit 708 received in evidence)

      20            MR. HERMAN:  No objection.

      21   BY MR. FITZGERALD:

      22   Q.  Using this sketch now displayed on the screen to the jury

      23   and public, as well as counsel, could you now describe what

      24   the inside of the residence looked like and could you describe

      25   on the left, that workshop area, whether that's the same

                                                                    1815

       1   location that was depicted in the photograph.

       2   A.  Yes, beginning with the far left of the sketch where it

       3   says "workshop area," that was the photograph that was -- that

       4   depicted the area of the house.  Then we have, moving -- we

       5   have rooms that are, each room is labeled.  The rooms labeled

       6   five, six -- numbered, I apologize, numbered five, six and

       7   seven were at the very rear of the residence.

       8            Number five was a, to the best of my recollection,

       9   was a, if you will, a bathroom wash area.  Six and seven were

      10   storeroom, workshop areas.  There was an open area that was

      11   inside the exterior walls of the house.  It's depicted on the

      12   sketch as the patio area.  That was, photograph 709D showed

      13   that area.

      14            From that area you could turn and go into the main

      15   part of the house.  There was a central hallway to the left,

      16   room number one, which I would refer to as the kitchen area;

      17   room number two, another room, the specific purpose I couldn't

      18   tell you; room number three was the main, if you will, living

      19   room area; and then room number four, in the front quarter of

      20   the house, was a bedroom.

      21            And then forward of that was the front entryway,

      22   which in photograph 709C is shown with the thatched wall, if

      23   you will, preventing view from the road.

      24   Q.  For how long was your team conducting a search of this

      25   residence on August 24th?

                                                                    1816

       1   A.  Approximately three to three and a half hours.

       2   Q.  What time of day, approximately?

       3   A.  It was midday.

       4   Q.  Approximately how many items did you take in terms of

       5   volume?

       6   A.  I believe we recovered a total of 20 items.

       7   Q.  Did some of the items contain items within them?

       8   A.  Yes.  In some of the areas what we did is we collected

       9   numerous similar items, documents, tapes, other things like

      10   that, and we just collected them altogether and called them

      11   one item of evidence.

      12   Q.  Are you familiar with an item that you labeled item number

      13   1?

      14   A.  Yes.

      15   Q.  Can you tell the jury what item number 1 was?

      16   A.  Well, item number 1 that we had collected was a swabbing.

      17   However, I believe --

      18   Q.  The item of evidence, physical evidence?

      19   A.  Yes.  What I collected is not what you are referring to,

      20   however.

      21   Q.  Okay.  Did you take any papers from the residence?

      22   A.  Yes.

      23   Q.  Can you tell us where you took papers from and then what

      24   you did with those papers?

      25   A.  Yes.  There were several rooms where we took papers.  In

                                                                    1817

       1   room number one we collected several miscellaneous documents.

       2   We put them all in a paper bag, all of the miscellaneous

       3   documents we collected, and that was labeled as evidence item

       4   number 13.

       5   Q.  Okay.  And did you take any paper -- any cassette tapes?

       6   A.  Yes, in the front bedroom we found many tapes.  I think

       7   there were slightly over 100.  Again, we collected them

       8   altogether as one item of evidence.

       9   Q.  And then when you collected the various items you took

      10   from the residence, what did you do with them?

      11   A.  Once they had been collected, we, again, we packaged them

      12   all.  I sealed them and initialed them.  I kept them in my

      13   custody until we returned to Nairobi, where I turned them over

      14   to the individual who was responsible for collecting and

      15   maintaining all of the evidence that was collected.

      16            MR. FITZGERALD:  Your Honor, at this point I would

      17   like to read a stipulation.

      18            THE COURT:  A stipulation.

      19   Q.  Sir, when the items were then put in evidence, do you know

      20   if they were assigned different item numbers?

      21   A.  Yes.  Subsequent to our return to Nairobi, when the items

      22   were repackaged, they were -- the item numbers were changed.

      23   Q.  Do you know what item number 13 became?

      24   A.  It became item number 1.

      25            MR. FITZGERALD:  Your Honor, at this point I would

                                                                    1818

       1   like to read a stipulation that reads as follows:

       2            "Government Exhibit 46.  It is hereby stipulated and

       3   agreed by and between the United States of America and the

       4   defendants, by and with the consent of their attorneys, as

       5   follows:

       6            "That Government Exhibits 700, 702 and 704 were among

       7   the papers in item number 1 recovered at the search of the

       8   Witu, Kenyan residence of Mohamed Sadeek Odeh on August 24,

       9   1998.  They have since been removed from the bag by FBI

      10   personnel for the purpose of copying, translation and forensic

      11   analysis.  In addition, the coloration of Government Exhibits

      12   702 and 704 have changed due to the fact that those documents

      13   underwent forensic analysis at the FBI laboratory."

      14            Skipping ahead one line:  "Government Exhibit 704P1

      15   and P2 are photographs of the cover and pages 297A and 297B of

      16   document GX 704 prior to such forensic analysis.

      17            "2.  Government Exhibit 710-96 is one of the tapes

      18   seized during that same August 24, 1998 search of Odeh's

      19   residence in Witu, Kenya.

      20            "3.  Government Exhibit 700T is a fair and accurate

      21   translation of Government Exhibit 700.  Government Exhibit

      22   702-T is a fair and accurate translation of Government Exhibit

      23   702.  Government Exhibit 710-96T is a fair and accurate

      24   translation of Government Exhibit 710-96."

      25            At this time I would offer in evidence Government

                                                                    1819

       1   Exhibits 700, 702, 704, 704P1 and P2, 710-96, and 700T, 7002T

       2   and 710-96T.

       3            MR. HERMAN:  No objection.

       4            THE COURT:  Received.

       5            (Government Exhibits 700, 702, 704, 704P1 and 704P2,

       6   710-96, 700T, 7002T and 710-96T received in evidence)

       7            MR. FITZGERALD:  I would also offer in evidence the

       8   stipulation, Government Exhibit 46.

       9            THE COURT:  Received.

      10            (Government Exhibit 46 received in evidence)

      11            MR. FITZGERALD:  Thank you.  I have nothing further.

      12            THE COURT:  Mr. Herman.

      13            MR. HERMAN:  Thank you, your Honor.

      14            THE COURT:  On behalf of defendant Odeh.

      15            MR. FITZGERALD:  If I could just display on the

      16   screen, only, Government Exhibit 704P1 and P2 by themselves,

      17   now in evidence, for everyone.

      18            With regard to that, I would read the last paragraph

      19   of stipulation Government Exhibit 46.  If we could put 704P2

      20   back on the screen.

      21            "It is further stipulated that, if called to testify,

      22   a person fluent in Arabic would testify that the handwriting

      23   on page 297B of GX704 is an Arabic word meaning south.

      24            I have nothing further.

      25            THE COURT:  Meaning?

                                                                    1820

       1            MR. FITZGERALD:  Meaning south, the direction south.

       2            THE COURT:  South, S-O-U-T-H?

       3            MR. FITZGERALD:  S-O-U-T-H.

       4   CROSS-EXAMINATION

       5   BY MR. HERMAN:

       6   Q.  Good afternoon, Agent Leadbetter.

       7   A.  Good afternoon.

       8   Q.  You told us that your involvement in this case started

       9   when you were deployed from the United States; is that

      10   correct?

      11   A.  That's correct.

      12   Q.  And you were told to go over to Nairobi, Kenya?

      13   A.  Yes.

      14   Q.  And, specifically, you were the team leader of the

      15   evidence response team?

      16   A.  The team from New York that deployed, yes.

      17   Q.  Okay.  And there came a time when you were assigned to go

      18   to this village of Witu; is that correct?

      19   A.  That's correct.

      20   Q.  And had you ever been to Witu before?

      21   A.  No.

      22   Q.  Have you ever been to Kenya before?

      23   A.  No.

      24   Q.  When they told you to go to Witu, did you say, where is

      25   Witu?

                                                                    1821

       1   A.  I was shown the location.

       2   Q.  Did they show you a map or something to that effect?

       3   A.  Yes.

       4   Q.  Do you think, would you recognize the map of that area?

       5   A.  Probably.

       6   Q.  Let me show you what has been marked Odeh Exhibit C.

       7            MR. HERMAN:  With your permission, your Honor?

       8            THE COURT:  Yes.

       9   Q.  Agent Leadbetter, would that be a map of Kenya showing

      10   where Witu is located?

      11   A.  Yes.

      12            MR. HERMAN:  Judge, I would move it into evidence.

      13            MR. FITZGERALD:  No objection.

      14            THE COURT:  Yes.  That's Odeh Exhibit?

      15            MR. HERMAN:  I think we're up to C.

      16            THE COURT:  There has been a C.

      17            MR. HERMAN:  It's going to have to be Z.

      18            THE COURT:  Z?

      19            MR. HERMAN:  Z, as in zebra.

      20            (Defendant Odeh Exhibit Z received in evidence)

      21            THE COURT:  What is the exhibit?

      22            MR. RICCO:  It's going to be Z, like in zebra.

      23            MR. HERMAN:  I've already used up the other letters.

      24   BY MR. HERMAN:

      25   Q.  Agent Leadbetter, can you read that map on the screen?

                                                                    1822

       1   A.  Yes.

       2   Q.  When you went to Witu, did you start off in Nairobi?

       3   A.  We went from Nairobi, yes.

       4   Q.  And from Nairobi where did you go?

       5   A.  We went by aircraft to the town of Lamu.  From there, we

       6   actually had to take a boat because the landing strip is on

       7   the island.  We took a boat across the channel and then we

       8   drove from Lamu to Witu.

       9   Q.  And you see Lamu on Odeh Exhibit Z marked in yellow there?

      10   A.  Yes.

      11   Q.  And Lamu is actually on an island?

      12   A.  The airfield was on the island.

      13   Q.  So you flew from Nairobi to Lamu?

      14   A.  Correct.

      15   Q.  You then took a boat to Lamu?

      16   A.  The boat just took us across from the island back over to

      17   the mainland side, yes.

      18   Q.  To the mainland side.

      19            And from there you took -- thank you.  That's a

      20   better view.  You then drove from Lamu to Witu; is that

      21   correct?

      22   A.  That's correct.

      23   Q.  And how many individuals were with you at that time?

      24   A.  There were seven U.S. personnel, there were two Kenya CID

      25   officers, there was the brother-in-law, and then there was a

                                                                    1823

       1   group of Kenya military personnel.  I don't recall the

       2   specific number.  I believe we had three vehicles.

       3   Q.  Were these like tanks or some type of transporters?

       4   A.  They were like Land Rovers.

       5   Q.  Land Rovers.  Four-wheel drive?

       6   A.  Correct.

       7   Q.  Okay.  And would it be fair to say that the road from Lamu

       8   to Witu was not the best road that you have ever been on; is

       9   that fair to say?

      10   A.  That's fair to say.

      11   Q.  We're not talking about like a paved road or something to

      12   that effect; is that right?

      13   A.  Portions of it are paved, portions of it are not.

      14   Q.  And how long did it take you to get the from Lamu to Witu?

      15   A.  Approximately an hour and a half.

      16   Q.  And was there traffic coming the other way at all?

      17   A.  There was some traffic, yes.

      18   Q.  There would be buses or lories, trucks coming the other

      19   way?

      20   A.  Correct.

      21   Q.  And were the Kenya individuals, were some of them armed

      22   with weapons?

      23   A.  The military escort we had, yes.

      24   Q.  And the reason that you had a military escort was there

      25   was some concern that you might have the need for a military

                                                                    1824

       1   escort; is that correct?

       2   A.  I believe there was some concern about security, yes.

       3   Q.  When you were in this area did you ever get down to

       4   Malindi?  Can you see that on the map?

       5   A.  I see it on the map.  I did not go there.

       6   Q.  Was it discussed that when you would go to Witu that you

       7   would go from Lamu to Witu when you were directed to go?

       8   A.  Yes.

       9   Q.  Was there any discussion about taking this road from

      10   Malindi?

      11   A.  No.

      12   Q.  Because that would appear to be a much longer way to go;

      13   is that right?

      14   A.  It appears it from the map, yes.

      15   Q.  And were there any other villages on the way from Lamu to

      16   Witu?

      17   A.  To the best of my recollection, there may have been one or

      18   two small villages just off the road, you know, that could

      19   have been set back a little bit that I seem to recall seeing

      20   some houses.  I don't know if you could accurately describe

      21   them as villages.

      22   Q.  Okay.  Lamu itself is a good-sized town, one might say?

      23   A.  Yes.

      24   Q.  I mean, there are buildings there and shops and hotels and

      25   that type of thing?

                                                                    1825

       1   A.  That's correct.

       2   Q.  Restaurants?

       3   A.  Yes.

       4   Q.  Did you actually stay overnight in Lamu?

       5   A.  No.

       6   Q.  And on the way from Lamu to Witu, over this hour and a

       7   half, you said you maybe saw some scattered dwellings; is that

       8   right?

       9   A.  That's correct.

      10   Q.  But basically you are going back into the interior of

      11   Kenya; is that correct?

      12   A.  I guess that would be a fair statement, yes.

      13   Q.  When you get to Witu, is there a sign there that says

      14   "entering Witu" or anything like that?

      15   A.  Not that I recall.

      16   Q.  Witu is basically -- the road widens to some extent and

      17   you see some houses over to the left; is that right?

      18   A.  It was a, I would call it a fair-sized village.

      19   Q.  And the village was primarily composed of huts; is that

      20   correct?

      21   A.  I would say actually the buildings were mostly as depicted

      22   in the photographs, some kind of stucco wall construction, but

      23   thatched roofing.

      24   Q.  Okay.  So most of the buildings in this village looked

      25   like the residence that you were going to search; is that

                                                                    1826

       1   correct?

       2   A.  Similar to that, yes.

       3   Q.  Were you told that what appeared to be stucco is

       4   essentially mud that was painted over or --

       5   A.  It may well have been.  I'm using "stucco" as a

       6   descriptive term, not as what it definitively is.

       7   Q.  Okay.  Well, before you were given this assignment to go

       8   to Witu, were you told, you know, what kind of tools or

       9   equipment would be appropriate to bring?

      10   A.  We were told that we were going to search a residence, so

      11   we brought the equipment we normally would take to support

      12   that.

      13   Q.  Was it in your mind that you would have to perhaps break

      14   into the residence?

      15   A.  No.

      16   Q.  Were you confident at that point that you would be

      17   admitted entry into the residence without any resistance?

      18   A.  Yes.

      19   Q.  Did you know what the residence looked like at that time?

      20   Did you know whether there was going to be, you know, a

      21   wood-framed house or a stone house or anything of that regard?

      22   A.  I did not know.

      23   Q.  When you got to Witu there is kind of a main street in

      24   Witu; is that right?

      25   A.  That's correct.

                                                                    1827

       1   Q.  And there are some small stores along the way?

       2   A.  There may have been one or two, yes.

       3   Q.  Agent, I would like to show you, with the Court's

       4   permission, Odeh E and Odeh F, which have been shown to the

       5   government, and ask you whether you can identify what is in

       6   those photos.

       7   A.  Photograph Odeh E is a building with a, again, it has --

       8   I'll continue to use the word "stucco," although I don't know

       9   what the material is.  It's some kind of a building with a tin

      10   roof, and the sign on it or the sign that's painted on it says

      11   "Witu General Store."

      12   Q.  Agent, do you recognize that as one of the buildings that

      13   you saw that day in Witu?

      14   A.  It looks vaguely familiar, yes.

      15   Q.  If you could go to the next item, please.

      16   A.  Yes, Odeh F.  Again, it's a closer picture of a building,

      17   and it says on the building "Store Witu."

      18   Q.  Again I'll ask you the same question:  Would that have

      19   been one of the buildings that you saw that day in Witu?

      20   A.  Very possibly, yes.  I don't specifically recall it, but I

      21   wouldn't say it wasn't there.

      22            MR. HERMAN:  Move those into evidence.

      23            MR. FITZGERALD:  No objection.

      24            THE COURT:  E and F are received.

      25            (Defendant Odeh Exhibits E and F received in

                                                                    1828

       1   evidence)

       2            MR. HERMAN:  This is Odeh E, your Honor.

       3   Q.  Agent, that would be the, kind of the downtown, so to

       4   speak, area of Witu?

       5   A.  If you want to call it that, yes, that's what it would

       6   pass.

       7   Q.  I was just speaking kind of generally, but you see the

       8   Witu general store there and are there some goats or animals

       9   hanging around outside the store?

      10   A.  That's correct.

      11            MR. HERMAN:  Your Honor, for the record, I think this

      12   is Odeh F.

      13   Q.  Agent, Odeh F is on the screen.  Would that be a store

      14   that also would be in the --

      15   A.  The same general area, yes.

      16   Q.  The same general area?

      17   A.  Yes.

      18   Q.  Is that a pretty good impression of what Witu looked like

      19   at the time that you were there?

      20   A.  Yes.

      21   Q.  When you got to Witu, did you know where the house was

      22   that you were looking to search?

      23   A.  No, not until it was pointed out to me.

      24   Q.  It was pointed out to you by the individual who was

      25   accompanying you?

                                                                    1829

       1   A.  That's correct.

       2   Q.  A family member?

       3   A.  That's correct.

       4   Q.  You remember his name at all?

       5   A.  No.  I may have heard it, but I don't recall it.

       6   Q.  When you got to the house in question, you were admitted

       7   entrance to the house; is that correct?

       8   A.  Yes, the Kenyan CID were able to gain us access.  I don't

       9   specifically recall how we got through the outer door.

      10   Q.  I gather that this was a joint investigation from your

      11   viewpoint, "joint" meaning United States and Kenya?

      12   A.  Yes.

      13   Q.  And that the Kenyans were helping the Americans and -- was

      14   that accurate?

      15   A.  Yes, we were working together.

      16   Q.  Working together.  And the Americans were helping the

      17   Kenyans in whatever help they required of you folks; is that

      18   correct?

      19   A.  Correct.

      20   Q.  And were the Kenyans also kind of doing their own

      21   investigation?

      22   A.  I don't know.

      23   Q.  Were they always in your presence?

      24   A.  In my presence, yes.

      25   Q.  What language were they speaking?

                                                                    1830

       1   A.  Both Swahili and English.

       2   Q.  And with regard to the -- did you have any contact with

       3   the people who actually lived in Witu, the residents?

       4   A.  No.

       5   Q.  Did you interview anybody about Mr. Odeh or about the

       6   search or anything in that regard?

       7   A.  No, I did not.

       8   Q.  Did you hear people speaking while you were in Witu?

       9   A.  Yes.

      10   Q.  Were they speaking Swahili?

      11   A.  Yes.

      12   Q.  Do you understand Swahili?

      13   A.  No.

      14   Q.  Did you expect when you got to the residence in Witu that

      15   there would be anybody actually living there at the time?

      16   A.  I was prepared for either, but I wasn't specifically told

      17   one way or the other whether there would be.

      18   Q.  Well, you knew, for instance, that Mr. Odeh would not be

      19   there; is that right?

      20   A.  Yes, that's correct.

      21   Q.  Mr. Odeh was in custody?

      22   A.  I believe that's correct, yes.

      23   Q.  And you knew that his wife would not be there, is that

      24   accurate?

      25   A.  I did not know that personally, no.

                                                                    1831

       1   Q.  Had you been told or did you learn that his wife had also

       2   been taken into custody before this date?

       3   A.  I don't believe I knew that, no.

       4   Q.  But you were prepared to either search an empty residence

       5   or to ask the people to leave while you searched, is that fair

       6   to say?

       7   A.  Yes.

       8   Q.  And as you think back on it today, you don't know how the

       9   CID gained, the Kenyan CID gained entrance to the residence,

      10   is that your recollection?

      11   A.  The outer door was opened.  It was not broken down.  I

      12   don't recall whether they were able to get a key from someone

      13   in the village or how they, how that happened.  The interior

      14   door was opened from the inside.  The brother-in-law went over

      15   the wall under the eaves and opened the door from the inside.

      16   That was the interior door.

      17   Q.  So it was fairly easy to gain access to the interior door?

      18   A.  Yes.  Once we were inside the patio area, it was easy just

      19   to go over the wall up under the eaves and climb over.

      20   Q.  Your job that day was to search and gather evidence; is

      21   that correct?

      22   A.  That's correct.

      23   Q.  I gather you were looking for anything which might be

      24   related to the criminal investigation, is that accurate?

      25   A.  That's correct.

                                                                    1832

       1   Q.  And the criminal investigation was principally the bombing

       2   of the embassy in Nairobi, is that fair to say?

       3   A.  Yes.

       4   Q.  In pursuit of that evidence, what did you do?

       5   A.  Initially when the outer door was opened, myself and

       6   another special agent who was a bomb technician put on Tyvek

       7   clothing.  We went inside and we collected swabbings that

       8   could be tested for the possibility of any residue.

       9   Q.  I'm going to stop you now.  I'm sorry.  I'll let you

      10   continue in a second.

      11            You say Tyvek clothing.  The jury may not know what

      12   that is.  Tell them what it is and why you wear it.

      13   A.  It's just a protective overgarment that is clean.  It's

      14   sealed.  We take it out of a bag and put it on.  What it does

      15   is ensure that if there's any kind of contamination on our

      16   clothing, it's not going to translate over to the swabbings

      17   that we're taking.

      18   Q.  Now, you used the word "contamination"?

      19   A.  Correct.

      20   Q.  And tell us why that's of concern to you as an FBI agent.

      21   A.  Generally speaking, when I'm collecting evidence I want to

      22   ensure that what I'm collecting is from the specific location

      23   where I am at the moment; that from moving from location to

      24   location in my search I'm not carrying evidence from one

      25   location to another because that would, could potentially

                                                                    1833

       1   invalidate the results of whatever I'm -- whatever search I'm

       2   conducting.

       3   Q.  Would it be fair to say that your concern about

       4   contamination is that if one potential piece of evidence comes

       5   into contact with another piece of evidence, there could be

       6   transfer of material?

       7   A.  Yes.

       8   Q.  Either between pieces of evidence or between an

       9   investigator and a piece of evidence?

      10   A.  Yes, that is a concern.

      11   Q.  And obviously you have been trained to do a very careful

      12   job in terms of retrieving evidence, is that fair to say?

      13   A.  Yes.

      14   Q.  And that's why when you retrieve a piece of evidence you

      15   make sure that you wrap it or secure it in a way that it

      16   doesn't come into contact with other pieces of evidence, is

      17   that --

      18   A.  If we have specific concerns about contamination, yes.

      19   Q.  Now, you had some kind of bomb expert with you?

      20   A.  Yes.  We had a special agent of the FBI who is trained as

      21   a bomb technician.

      22   Q.  If you know, was that special agent looking for bomb

      23   components, TNT, TNT residue, or all of the above?

      24   A.  All of the above, to include residue, if you didn't

      25   mention that.

                                                                    1834

       1   Q.  And in fact, that's why the swabbings were done; is that

       2   correct?

       3   A.  That's correct.

       4   Q.  Did you do them or did someone else do that?

       5   A.  He did them.  I assisted.

       6   Q.  How long did that process take?

       7   A.  15 to 20 minutes.

       8   Q.  Would it be fair to say that a swabbing is a piece of

       9   cloth or cotton that is immersed in some liquid and is then

      10   rubbed over various areas?

      11   A.  Yes.  It's generally a cotton ball, but that's an accurate

      12   description of how it's done.

      13   Q.  And then the swabs are maintained in separate containers

      14   or envelopes?

      15   A.  They are each individually packaged, yes.

      16   Q.  And again, care is taken that the swabs don't come into

      17   contact with each other for fear of contamination?

      18   A.  And in addition, we change gloves and we use a different

      19   set of forceps for each swab we take.

      20   Q.  Based on your training, this is the proper and appropriate

      21   way to go about gathering evidence, is that accurate?

      22   A.  That is one of the methods to be used for collecting that,

      23   yes.

      24   Q.  And that's the method that, one of the methods you have

      25   been trained in as an FBI agent?

                                                                    1835

       1   A.  That's correct.

       2   Q.  And a method you used that day, is that fair to say?

       3   A.  That is correct, yes.

       4   Q.  And everybody with you maintained the same, used the same

       5   procedures?

       6   A.  Yes.  In fact, in this case we were the only two who did

       7   that whole portion of the search.  The other people remained

       8   outside until we had completed.

       9   Q.  So you can be sure, because it was you and this other

      10   gentleman, that these procedures were maintained between the

      11   two of you?

      12   A.  Yes, that's correct.

      13   Q.  Are there also concerns from an investigative standpoint

      14   with regard to chain of custody?

      15   A.  Yes.

      16   Q.  Could you tell the jury what that phrase means based on

      17   law enforcement, your knowledge of law enforcement?

      18   A.  The term "chain of custody" refers to a direct

      19   relationship where you can positively account for the

      20   whereabouts of any item of evidence that is collected.

      21   Someone always has positive control over the evidence or can

      22   account for it being secured in an appropriate manner.

      23   Q.  What's the reason for that particular procedure?

      24   A.  Again, it's to ensure that the evidence is maintained in

      25   a, I guess in a secure and in the same form as which it's been

                                                                    1836

       1   collected.

       2   Q.  Again, the concern might very well be contamination, that

       3   is, it's unaccounted for for a particular period of time?

       4   A.  Not only contamination, but that other items of evidence

       5   could have been added, some could be removed, that we would

       6   lose accountability for the evidence.

       7   Q.  So part of your training, it appears, is to ensure that

       8   all items of evidence are maintained in a chain from one

       9   person to another until they get to their ultimate

      10   destination; is that correct?

      11   A.  Yes.

      12   Q.  Typically there is paperwork which is filled out when you

      13   turn over a piece of evidence to another individual, there's

      14   documentation which is prepared which establishes the chain,

      15   is that fair to say?

      16   A.  Which supports that, yes.

      17   Q.  The goal is to always know where the piece of evidence is;

      18   is that correct?

      19   A.  Yes, and who's responsible for it.

      20   Q.  And who's responsible.

      21            Ultimately, some of these items of evidence come back

      22   to the United States; is that correct?

      23   A.  That's correct.

      24   Q.  And they might be analyzed by a laboratory in New York or

      25   Washington, D.C., right?

                                                                    1837

       1   A.  For our purposes, Washington, yes.

       2   Q.  And again, at that point procedures are in place to make

       3   sure that everybody who handles the evidence is in the chain

       4   of custody so the evidence is accounted for?

       5   A.  That's correct.

       6   Q.  And then eventually it can be brought up to a courtroom,

       7   even in New York, and again the paperwork follows along with

       8   the evidence?

       9   A.  Yes.

      10   Q.  So if you are shown something today and the chain of

      11   evidence is all intact, you can say that's the same item that

      12   I seized in Witu in the jungles of Kenya two and a half years

      13   ago?

      14   A.  Yes.

      15   Q.  And that's in fact what you are telling us today, and in

      16   fact, what we have stipulated to, that these are the same

      17   items, in the same condition?

      18   A.  That's correct.

      19   Q.  The items that have been shown to you today and which have

      20   been entered into evidence constitute a small portion of all

      21   of the materials that you seized that day in Witu; is that

      22   correct?

      23   A.  Yes.

      24   Q.  In fact, if I could just -- Agent, I'm sorry.  If I could

      25   just direct your attention.  I've asked the government to put

                                                                    1838

       1   in this area all of the boxes of all the materials that were

       2   seized.  Are you in a position to see that?

       3   A.  Okay.

       4   Q.  I know you haven't had the opportunity to go through it,

       5   and if you want to, I can allow you to, but --

       6            MR. FITZGERALD:  There's one more.

       7            MR. HERMAN:  Oh, there's even more.

       8   Q.  I'll just indicate that there's been -- I think there are

       9   about seven cartons, some are full, some aren't, but which I

      10   have been told represents the materials that you seized in

      11   Witu.

      12            Would that be a fair representation based on your

      13   recollection?

      14   A.  Yes.  I mean, it may look like more because the packaging

      15   of it has changed, but that's probably, I would say that's a

      16   fair representation.

      17   Q.  All right.  You told us today that, and you have shown us,

      18   a portion of a notebook that was seized.  I think it's 704.

      19            704 is the notebook.  In fact, there were a number of

      20   notebooks that you seized, is that accurate?

      21   A.  Yes, I believe there were.

      22   Q.  These would be small, very thin paper notebooks?

      23   A.  I believe that's correct, yes.

      24   Q.  Like maybe a child would use to, as a primer, or something

      25   to that effect?

                                                                    1839

       1   A.  I suppose that is possible, yes.

       2   Q.  And there were, for lack of better, there were a bunch of

       3   these types of materials; is that correct?

       4   A.  Yes, there were a lot of documents that we seized.

       5   Q.  A lot of written materials?

       6   A.  Yes.

       7   Q.  Recipes?  Remember actually finding some recipes in the

       8   home?

       9   A.  There may have been.  Again, if it was written in Swahili

      10   and we couldn't tell what it was, we would have collected it.

      11   Q.  So basically you gathered up all of these items?

      12   A.  Anything that looked like it could possibly be relevant,

      13   yes.

      14   Q.  And did you then kind of go through them at all, yourself,

      15   just to see what you had gathered up, or you just packaged it

      16   up and sent it on?

      17   A.  A very brief glimpse.  But again, to my recollection

      18   everything was written in Swahili, so I was unable to tell

      19   what was important and what wasn't.  So we just took it all.

      20   Q.  And you weren't paying attention too much to whether any

      21   of these items had dates on them or names on them or anything

      22   to that effect?

      23   A.  No.

      24   Q.  Incidentally, when you were searching for these items,

      25   this was daytime; is that right?

                                                                    1840

       1   A.  That's correct.

       2   Q.  And you were using the daylight to look?

       3   A.  Yes.  I believe we also used flashlights inside.

       4   Q.  Were there lights, electric lights inside the home?

       5   A.  I don't believe so, no.

       6   Q.  What about running water?

       7   A.  No, I don't believe so.

       8   Q.  Was there running water anywhere in Witu that you recall?

       9   A.  There may have been down at the store, but I can't say for

      10   sure.

      11   Q.  And you described a bathroom area?

      12   A.  Yes.

      13   Q.  It was, indeed, just a bathroom area, right?

      14   A.  That's correct.

      15   Q.  There was no toilet, no sink, no shower?

      16   A.  No.

      17   Q.  It was an opening and a pit?

      18   A.  Yes.  And then there was another area where it looked like

      19   people had used, concrete floor area that looked like was

      20   where people would bathe.

      21   Q.  Did you see, was there a kitchen in the home?

      22   A.  Well, the room I would describe as or that I identified as

      23   room number 1 I would describe as the kitchen only because, to

      24   my recollection, there were some cooking utensils, pots and

      25   pans, that kind of thing, located there.

                                                                    1841

       1   Q.  And did you take any photographs of the interior of the

       2   residence?

       3   A.  Photographs were taken, yes.

       4   Q.  And I understand what you were saying is you did not

       5   actually take, yourself, take photographs?

       6   A.  That's correct.

       7   Q.  Another individual in your search party was assigned the

       8   task of taking photographs?

       9   A.  That's correct.

      10   Q.  The four photographs that you have identified here today

      11   were in fact taken by the other person, but you recognize them

      12   as being what you saw that day; is that right?

      13   A.  Yes.

      14   Q.  But according to the photographic log, it appears that

      15   about 35 photographs were taken?

      16   A.  I believe that's correct, yes.

      17            THE COURT:  Mr. Herman, approximately how much longer

      18   do you have?  I'm not trying to rush you or anything.

      19            MR. HERMAN:  Let's take a break, Judge.

      20            THE COURT:  We'll take our luncheon break and resume

      21   at 2:15:

      22            (Luncheon recess)

      23

      24

      25

                                                                    1842

       1                         AFTERNOON SESSION

       2                            2:15 p.m.

       3   HOWARD LEADBETTER, resumed.

       4            (Jury present)

       5            THE COURT:  Mr. Herman, you may continue.

       6            MR. HERMAN:  Your Honor, I have four photographs that

       7   I will indicate for the record the government has stipulated

       8   may go into evidence.  They are Odeh D as in dog, H, G, and I.

       9   With the court's permission I will approach the witness and

      10   show him the exhibits for identification.

      11   CROSS-EXAMINATION continued

      12   BY MR. HERMAN:

      13   Q.  Mr. Leadbetter, if you could simply look at those photos.

      14   They have been stipulated into evidence, but are they

      15   photographs of Witu, Kenya?

      16   A.  To the best of my recollection, yes, they are.

      17            THE COURT:  That is D, G, H and I, received.

      18            (Defendant's Exhibits Odeh D, G, H and I received in

      19   evidence)

      20   Q.  Agent Leadbetter, you indicated this morning that one of

      21   the rooms in the home appeared to be a carpenter's room, is

      22   that correct?

      23   A.  Yes, at the rear of the residence, yes.

      24   Q.  Right, indicated on the diagram, in the area -- maybe we

      25   can put that exhibit up, 709A in evidence.

                                                                    1843

       1            That's not the one I was talking about.  I was

       2   talking about 709A, which shows the rear of the residence.  B

       3   it's B.

       4            Maybe it's C.

       5            I meant to say 709D, Judge.

       6   Q.  Agent Leadbetter, can you see that?

       7   A.  Yes.

       8   Q.  That is the rear area of the home?

       9   A.  That's what I was calling the patio area, yes.

      10   Q.  That is where in the back the bathroom area is?

      11   A.  Yes, in the rear left.

      12   Q.  Closer up to us on the left, there appear to be some

      13   wooden items.  Do you see them in the photograph?

      14   A.  Yes.

      15   Q.  Did you see them that day when you were in Witu?

      16   A.  Yes.

      17   Q.  On your diagram, you have indicated there is a curtain and

      18   another room where the curtain is; is that correct?

      19   A.  Yes.  There are actually two additional rooms on that

      20   side.

      21   Q.  One of the rooms you have designated as a carpenter's

      22   room; is that accurate?

      23   A.  What I would call a workshop, yes.

      24   Q.  Did it appear that there was a carpentry workshop in this

      25   home?

                                                                    1844

       1   A.  Yes.

       2   Q.  And evidence of that would be the pieces of wood to the

       3   right-hand part of the screen?

       4   A.  Yes.

       5   Q.  Did you see other tools or other types of implements?

       6   A.  Yes, there were.

       7   Q.  Also on the left part of the screen appears to be an item

       8   of carpentry that was being worked on at the time or was

       9   unfinished?

      10   A.  Yes.

      11            MR. HERMAN:  Thank you.  You can take that off the

      12   screen.

      13   Q.  Incidentally, when you were going through the home, I

      14   gather there was no telephone or anything like that in the

      15   home.

      16   A.  No, I did not see a telephone in the home.

      17   Q.  You had your own communication devices that you were using

      18   if necessary?

      19   A.  No.

      20   Q.  You had no connection to the rest of the world when you

      21   were in Witu?

      22   A.  We would use public telephone or make arrangements through

      23   the Kenyan CID if we needed to.

      24   Q.  Was there a public phone, if you recall, in town?

      25   A.  In town?  I didn't specifically look for one, so I

                                                                    1845

       1   couldn't say.

       2   Q.  Did you notice a post office or anything that would be

       3   involved with postal delivery, mail delivery, anything to that

       4   effect?

       5   A.  I don't recall whether there was or not.

       6   Q.  When you were doing your search and collecting the items

       7   that you have indicated, were all of them readily available to

       8   you in that you didn't have to break into a safe or break into

       9   a closet, anything of that nature?

      10   A.  While they weren't all in plain view, there was nothing

      11   that we had to force open.

      12   Q.  So they were easily accessible to you when you gathered

      13   them?

      14   A.  Yes, once we went looking, yes.

      15   Q.  These items that you collected were turned over to

      16   American officials; is that your understanding?

      17   A.  When I returned to Nairobi, I turned them over to another

      18   American who was responsible for maintaining custody.

      19   Q.  When you left, you left the residence in the custody of

      20   the Kenyan officials; is that the way it worked?

      21   A.  Yes.

      22            MR. HERMAN:  Thank you, Judge.  That is all I have,

      23   your Honor.

      24            THE COURT:  Anything further of this witness?

      25            MR. FITZGERALD:  No, Judge.

                                                                    1846

       1            THE COURT:  Thank you.

       2            (Witness excused)

       3            MR. BUTLER:  Your Honor, we would like to read a

       4   stipulation now, Government's Exhibit 38.

       5            It is hereby stipulated and agreed by and between the

       6   United States of America, by Mary Jo White, United States

       7   Attorney for the Southern District of New York, Patrick J.

       8   Fitzgerald, Kenneth M. Karas, and Paul W. Butler, Assistant

       9   United States Attorneys, of counsel, and the defendants, by

      10   and with the consent of their attorneys as follows:

      11            1.  Government's Exhibit 83A is an excerpt of the

      12   videotape of the immediate aftermath of the bombing of the

      13   American Embassy in Nairobi, Kenya, on August 7, 1998.  The

      14   video was taken by a Kenyan news organization.

      15            2.  Government's Exhibits 804A through 804C are three

      16   photographs of the American Embassy in Nairobi, Kenya, and

      17   surrounding area taken on August 7, 1998, soon after the

      18   bombing by an individual located on the upper floors of a

      19   building in the vicinity.

      20            3.  Government's Exhibits 805A through 805J are ten

      21   photographs of the American Embassy in Nairobi, Kenya, and

      22   surrounding area, taken on August 7, 1998, soon after the

      23   bombing, from a helicopter.

      24            4.  Government's Exhibit 800 is a three-dimensional

      25   model which accurately depicts the American Embassy in

                                                                    1847

       1   Nairobi, Kenya, and the immediate surrounding area as it

       2   looked before the bombing on August 7, 1998.

       3            5.  Government's Exhibits 801A through 801G are four

       4   diagrams of the American Embassy in Nairobi, Kenya, which

       5   accurately reflect the location of certain offices within the

       6   embassy on August 7, 1998.

       7            6.  Government Exhibits 802A through 802H are eight

       8   drawings of the American embassy in Nairobi, Kenya, and

       9   surrounding areas drawn to approximate scale.  The drawings

      10   accurately reflect the distance between the embassy and

      11   certain areas indicated in the drawings, including the

      12   distance from the embassy to the Kenyan Railway Yard.

      13            7.  Government's Exhibits 806A through 806K are

      14   photographs of persons injured in the bombing of the American

      15   Embassy in Nairobi, Kenya, and surrounding areas on August 7,

      16   1998, or photographs of the damage caused in the bombing of

      17   the American Embassy in Nairobi, Kenya, and surrounding areas

      18   on August 7, 1998.

      19            8.  Government's Exhibits 809A through 809AF are

      20   photographs of the damage caused to the American Embassy in

      21   Nairobi, Kenya, as a result of the bombing on August 7, 1998.

      22            9.  Government's Exhibits 803A through 803E are

      23   photographs of the American Embassy in Nairobi, Kenya, taken

      24   before the bombing in or about February 1998.

      25            It is further stipulated and agreed that all of the

                                                                    1848

       1   above-referenced exhibits are fair and accurate depictions of

       2   the persons and property in and around the vicinity of the

       3   American Embassy on August 7, 1998, and thereafter.

       4            It is further stipulated and agreed that the

       5   foregoing exhibits may be received in evidence at trial.

       6            And it is further stipulated and agreed that this

       7   stipulation may be received in evidence as a government

       8   exhibit at trial.

       9            The government would now offer the stipulation, which

      10   is Government's Exhibit 38, and the exhibits included in the

      11   stipulation.

      12            THE COURT:  They are received.

      13            (Government's Exhibits 38, 83A, 800, 801A through

      14   801G, 802A through 802H, 803A through803E, 804A through 804C,

      15   805A through 805J, 806A through 806K, and 809A through 809AF

      16   received in evidence)

      17            THE COURT:  I suggest also for purposes of a record

      18   that there be a photograph made of the model so that the

      19   photograph can be in the record rather than the model itself.

      20            MR. BUTLER:  We have one, your Honor, and we will

      21   mark it.

      22            THE COURT:  Very well.  They are all received.

      23            With respect to testimony that you will hear from

      24   witnesses who were at the United States Embassy in Nairobi,

      25   Kenya, on August 7, 1998, when it was bombed, you should bear

                                                                    1849

       1   the following in mind:  In receiving this evidence, I want to

       2   instruct you that the defendants K.K. Mohamed and Wadih El

       3   Hage have not been charged with participating in the bombing

       4   of the embassy in Nairobi.  They are not charged with the

       5   murders of those who died in that bombing.  Evidence of the

       6   Nairobi bombing is relevant to K.K. Mohamed and Wadih El Hage

       7   solely to the extent that it establishes the scope and goals

       8   of the overall conspiracy of which they are alleged to have

       9   been members.  You may consider the evidence with respect to

      10   the Nairobi bombing as to K.K. Mohamed and El Hage solely for

      11   that limited purpose.

      12            MR. KARAS:  Your Honor, at this time we would read

      13   stipulation marked as Government's Exhibit 37.  It is hereby

      14   stipulated and agreed by the parties that:

      15            1.  On August 2, 1990, military forces from Iraq

      16   invaded Kuwait.

      17            2.  On August 7, 1990, President George Bush publicly

      18   announced that he ordered the first contingent of American jet

      19   fighters and a brigade of American soldiers to Saudi Arabia.

      20   The American forces were dispatched after the Saudi government

      21   agreed to permit these forces to land in Saudi Arabia.

      22            At this time we would offer Government's Exhibit 37

      23   into evidence.

      24            THE COURT:  Received.

      25            (Government's Exhibit 37 received in evidence)

                                                                    1850

       1            MR. BUTLER:  Your Honor, the government calls

       2   Ambassador Prudence Bushnell.

       3            At the same time, your Honor, we would like to

       4   publish Government's Exhibit 800, which is the

       5   three-dimensional model.

       6            (Continued on next page)

       7

       8

       9

      10

      11

      12

      13

      14

      15

      16

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    1851

       1    PRUDENCE BUSHNELL,

       2        called as a witness by the government,

       3        having been duly sworn, testified as follows:

       4   DIRECT EXAMINATION

       5   BY MR. BUTLER:

       6   Q.  Ambassador, would you tell us what your current position

       7   is.

       8   A.  I am currently the United States ambassador to the

       9   Republic of Guatemala.

      10   Q.  How long have you held that position?

      11   A.  I have been there since October of 1999.

      12   Q.  How long have you been with the United States State

      13   Department?

      14   A.  Since 1981.

      15   Q.  Prior to becoming ambassador to Guatemala, what was your

      16   position?

      17   A.  I was the United States ambassador to the Republic of

      18   Kenya.

      19   Q.  For what time period were you the United States ambassador

      20   to the Republic of Kenya?

      21   A.  From July of 1996 until May 1999.

      22   Q.  So you were the ambassador to Kenya on August 7, 1998?

      23   A.  That is correct.

      24   Q.  Could you please describe to the jury generally what an

      25   embassy like the one in Kenya is and what it does.

                                                                    1852

       1   A.  An embassy is the official presence of one government, in

       2   this case the United States, in a foreign country, Kenya,

       3   accredited to the government of Kenya to represent US

       4   interests.  It was in our case an amalgam of 17 different

       5   federal agencies, from the Department of Defense and

       6   Department of State all the way to Peace Corps and the Library

       7   of Congress, doing things from helping the Kenyans develop

       8   their democracy to fighting disease, taking care of helping

       9   Kenyans taking care of their environment -- a full array of

      10   activities.

      11   Q.  Do you recall about how many people worked in the American

      12   Embassy in August of 1998?

      13   A.  In the embassy building -- and I say that because we were

      14   a very large embassy and we had a number of buildings around

      15   the city.  But in the main building, which we called the

      16   embassy building, we had at any one time about 200 people.

      17   Q.  What types of people worked for the embassy?

      18   A.  Most of the people who work in the embassy, in this case

      19   Nairobi, are Kenyans, foreign -- we call them foreign service

      20   nationals -- who do everything from computer services to

      21   operating motor pool personnel, budget and fiscal.  We also

      22   had a number of Americans, American officers.  We had American

      23   contractors.  We had part-time employees.  And because this

      24   was the summertime and there were a lot of people on vacation

      25   and transferring from one spot to another, we had summer

                                                                    1853

       1   interns, college students, and also high school students from

       2   a summer hire program.

       3   Q.  Where was the embassy located in Nairobi?

       4   A.  The embassy was located on a very busy downtown corner of

       5   Moi Avenue and Haile Selassie Avenue.

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

       7   I would like to ask Ambassador Bushnell to temporarily step

       8   down from the witness stand and approach Government's Exhibit

       9   800.

      10            THE COURT:  Yes, you may.

      11   Q.  Ambassador Bushnell, if you could, could you describe

      12   first the buildings on Government's Exhibit 800 for the jury.

      13   First, what is the building closest to you?

      14   A.  This yellow-tone building is the American Embassy

      15   building.  This is the building called the Ufundi House.  And

      16   this is the Cooperative Bank Building.

      17            In front of the embassy you have Moi Avenue here.  On

      18   the side of the embassy you have Haile Selassie Avenue.  So as

      19   you can see, this building was right on the corner of Haile

      20   Selassie and Moi.

      21   Q.  What is at the intersection of Haile Selassie and Moi

      22   Avenue, the area in the corner bottom of the diagram?

      23   A.  Here?

      24   Q.  What was located in this area, intersection?

      25   A.  This was a round-about, a circle.  Over on the other side

                                                                    1854

       1   was the railway station, which is one of the reasons why this

       2   was one of the busiest streets in Nairobi, because with the

       3   railway station you had a lot of vendors, you had street

       4   preachers, and you had an enormous number of buses which would

       5   pick people up and take them to their final distinction.

       6   Q.  I think you testified that the front of the embassy faces

       7   Moi Avenue, correct?

       8   A.  That's correct.  The front is right here.

       9   Q.  If I could just draw your attention to the rear of the

      10   embassy, over here, could you just describe for the jury what

      11   is depicted in the rear of the embassy now.

      12   A.  The rear of the embassy is a parking lot, and the fence

      13   you see is where the actual embassy property ends.  Underneath

      14   is the entrance to our underground parking lot.  This right

      15   here was a refrigeration unit, and this right here is a

      16   generator unit.

      17   Q.  The building next to the parking lot there, the smaller

      18   one, the Ufundi House, what was in the Ufundi House?

      19   A.  The Ufundi House was an all-purpose office building that

      20   housed various small offices, as well as a secretarial

      21   college.  So you had any number of kinds of people who would

      22   be going in and out of there.

      23   Q.  Going back to the embassy for just a moment, do you recall

      24   how many stories the embassy was?

      25   A.  The embassy was three stories above ground, and we had two

                                                                    1855

       1   stories underground.

       2   Q.  And the large building, the Co-op House, what was the

       3   Co-op House?

       4   A.  This was the Co-op Bank Building, which housed the Co-op

       5   Bank as well as various offices and the Ministry of Culture --

       6   I am sorry, the Ministry of Commerce.

       7   Q.  Thank you.  You can resume the witness stand.

       8            I would like to show you a photograph that has

       9   already been admitted into evidence as Government's Exhibit

      10   803A.  Could you just describe for the jury what is in 803A,

      11   Ambassador.

      12   A.  What you see here is a photograph of the embassy that is

      13   taken from the other side of the round-about.  The large

      14   building off to the left is the Cooperative Bank Building.

      15   Q.  And the side of the embassy that you see the most, is that

      16   the front entrance?

      17   A.  That is the front of the building, and the area of the

      18   building of which you only see a portion is the back.

      19   Q.  Could we now publish Government's Exhibit 803B.

      20            What is in Government's Exhibit 803B, Ambassador?

      21   A.  You can get a sense of the amount of everyday traffic and

      22   people walking by.  You see in the background the embassy and,

      23   again the Cooperative Bank Building.

      24   Q.  Can we please publish Government's Exhibit 803C.

      25            What is depicted in Government's Exhibit 803C,

                                                                    1856

       1   Ambassador Bushnell?

       2   A.  This is the rear of the embassy.  You can see the fence

       3   which I showed on the model, as well as, by the guard booth,

       4   the entrance to the underground parking lot.

       5   Q.  Please publish Government's Exhibit 803D.

       6            What is depicted in Government's Exhibit 803D,

       7   Ambassador?

       8   A.  This is the gate, face-on shot of the entry to the

       9   underground parking lot.

      10   Q.  And if we could publish Government's Exhibit 803E.

      11            What is Government's Exhibit 803E, Ambassador?

      12   A.  This is the entryway, the reception of the main entrance

      13   into the embassy.  People who came in, you can see the metal

      14   detector, and people who came in would walk through that metal

      15   detector.  The booth that you can see behind, I think you can

      16   see some reflection of light, that is where the marine guard

      17   would stand.

      18   Q.  Does that have a name that it was called, the area where

      19   the marine guard would stand?

      20   A.  Where the marine guard stands is called Post One.  So what

      21   you are seeing in back again where you see the reflection off

      22   the glass, that is Post One.

      23   Q.  Ambassador Bushnell, do you recall the morning of August

      24   7, 1998?

      25   A.  Yes, I do.

                                                                    1857

       1   Q.  Did you go to the embassy that morning?

       2   A.  Yes.  It was an ordinary Friday.  I went to the embassy,

       3   about 8:00 arrived there.

       4   Q.  Do you recall where you were later on that morning?

       5   A.  I had a meeting in the Cooperative Bank Building with the

       6   Minister of Commerce.  We had a trade delegation coming,

       7   headed by then Secretary of Commerce Daley I, and I was going

       8   over there to brief the minister and talk about the Daley

       9   visit.  Fridays were the day on which we had our weekly staff

      10   meetings, so it was unusual that I was absent, but all of the

      11   members, senior members of the embassy team were in my office,

      12   and I was in the Cooperative Bank Building behind the embassy

      13   building.

      14   Q.  Do you recall approximately what time that meeting began?

      15   A.  That meeting began at 10:00 in the morning.

      16   Q.  Do you recall generally what floor you were on in the

      17   Cooperative Bank House?

      18   A.  It was on the top floor of the Cooperative Bank Building.

      19   Q.  Who else attended that meeting?

      20   A.  I went to the meeting with two colleagues from the

      21   Department of Commerce, and on the Kenyan side you had the

      22   Minister of Trade and six or seven other people, Kenyans.

      23   Q.  May we publish now Government's Exhibit 806G, which has

      24   already been received in evidence.

      25            Can you tell us what Government's Exhibit 806G

                                                                    1858

       1   depicts, Ambassador.

       2   A.  This is a photograph taken from the side of the Minister

       3   of Commerce, Kamotho and myself.  Part of the routine with

       4   visits of ministers in Kenya is that initially the press is

       5   there and it gives the minister an opportunity to say some

       6   words to the press, a photo op.  That picture was taken at the

       7   very beginning of the meeting when the press was still there.

       8   Q.  That is you in the photograph, is that correct?

       9   A.  That is correct.

      10   Q.  And the other person is Minister Kamotho?

      11   A.  That is correct.

      12   Q.  Do you recall what happened after this meeting began,

      13   Ambassador Bushnell?

      14   A.  After about 15 or 20 minutes with the press, the minister

      15   dismissed the press.  Someone came in with some tea, and we

      16   began to talk about the Daley visit.  We had only -- we were

      17   maybe two or three, four minutes into the conversation when we

      18   all heard a very loud explosion.  I turned to the minister and

      19   asked if there was construction going on in the area, because

      20   to me it sounded like the kind of explosion you would hear

      21   associated with construction.  He said no.  He got up and

      22   walked to the window.  Most of the other people in the room

      23   went to the window.  And it was at that point that an enormous

      24   explosion came.  I was the last person out of my seat and had

      25   just taken a few steps before this huge explosion happened.  I

                                                                    1859

       1   was thrown back, and although I didn't think at the time I was

       2   unconscious, I must have been because when I brought myself

       3   back to reality, I was sitting down with my hands over my head

       4   because the ceiling was falling down.  I will never forget the

       5   rattling of a teacup, just kept rattling.  I thought to myself

       6   that the building was going to collapse, that I was going to

       7   tumble down all those stories, and that I was going to die,

       8   and every cell in my body was just steeled toward waiting for

       9   the fall.

      10            But it didn't.  The teacup stopped rattling and there

      11   was quiet, and I looked up and I was alone in the room, which

      12   is why I must have lost some consciousness.  I was alone in

      13   the room.  The only other person present was a man who was

      14   prone, face down on the floor.  I thought he was dead.

      15            Almost simultaneously, one of my Department of

      16   Commerce colleagues came rushing into the room and the man who

      17   was prone on the floor raised his head.  My colleague said

      18   Ambassador, we've got to get out of here.

      19            So I got up.  I didn't want to leave people in the

      20   same position I found myself in, which was alone.  So we

      21   walked around the top floor to make sure there were no other

      22   people there.  We found two.  And we climbed over the door

      23   into the stairwell, which had been blown into the stairwell.

      24   Q.  What did the top floor look like after you gained

      25   consciousness?  What did you see around you?

                                                                    1860

       1   A.  The office was a mess because the ceiling had, part of the

       2   ceiling had fallen in, and the furniture was overturned and

       3   papers were scattered all over the place.  I frankly don't

       4   remember the hallway.  There was nothing particularly

       5   significant about the hallway.  But as we climbed over the

       6   door I saw someone's shoe and a great deal of blood.  And then

       7   the reality of, the enormity of the blast began to hit.

       8   Q.  You said you made your way to the doorway.  What happened

       9   after you made your way to the doorway?

      10   A.  We began to climb down the stairs very slowly, and at the

      11   upper floors there were not very many people, but as we got

      12   down, the further down we got the more and more people we

      13   found in the stairway, until we were a procession of human

      14   beings who were smashed together, going down those endless

      15   stairs.

      16            There was no panic, which was amazing, and also

      17   something that probably saved a lot of lives.

      18            I was also struck of the almost eerie silence.  It

      19   was a very hushed procession.  As people joined us from

      20   different floors, sometimes you would hear somebody yell out

      21   welcome.  You could also hear some people who were praying.

      22   Some other people were singing hymns.  Down we went.  As we

      23   got to the lower floors, this huge procession of people, who

      24   were bleeding all over one another -- there was blood

      25   everywhere, on the bannister, I could feel the person behind

                                                                    1861

       1   me bleeding on my hair and down my back.  As we got to the

       2   lower floors the procession stopped, and somebody yelled out,

       3   there's a fire, hurry.  We had stopped in the middle of smoke.

       4   That was the second time that day that I was fairly confident

       5   that I was going to die, and all I could think of was well, at

       6   least I'm not going to be burned alive, at least I will die

       7   from asphyxiation.

       8   Q.  Ambassador Bushnell, had you sustained any injuries at

       9   this point?

      10   A.  The one that was most apparent to me was that my lip was

      11   bleeding profusely.  I had a lot of blood on me but I was very

      12   unsure as to which was my blood and which was the blood of

      13   other people.

      14   Q.  So after you hit the point where the smoke was coming in,

      15   what happened after that?

      16   A.  Eventually we started walking down again very slowly.  I

      17   will say that in this procession down, at one point a woman

      18   collapsed.  I am not sure if she died or, I have no idea what

      19   happened to her, but she was passed down over my head and

      20   passed down.  Now and again I would see the body of somebody

      21   and the body would be picked up and taken down.

      22            Eventually we came towards the bottom.  I had no idea

      23   that this was an explosion directed at anything but the bank

      24   building.  My reality was simply inside that building.  I kept

      25   thinking, all I have to do is get out of here and go back to

                                                                    1862

       1   my embassy, into the medical unit, because we had a medical

       2   unit, and somebody will take care of me.

       3            My colleague and I came out of the front of the

       4   Cooperative Bank Building, and I saw what seemed like

       5   thousands of people across the street looking on.  At that

       6   point my colleague said put your face down, the press is here,

       7   and literally pushed my face down.  So the first thing I saw

       8   was what was on the street.  A lot of glass, lot of glass,

       9   twisted pieces of charred metal.  So I was stepping over an

      10   enormous amount of debris.  As we came out and we came by our

      11   parking lot, what was our parking lot, I looked up and saw

      12   burning vehicles.  I saw the charred remains of what was once

      13   a human being.  I saw the back of the building completely

      14   ripped off, and utter destruction, and I knew that no one was

      15   going to take care of me.

      16            We came along the side of the building and were

      17   spotted by our security people, who started yelling get her

      18   out of here, get her out of here.  I think there was a great

      19   deal of concern, as there often is, that there might be

      20   another attack.  They didn't want the US ambassador, having

      21   found her alive they didn't want anything to happen.  So I was

      22   literally pulled around the front of the building where we

      23   found a vehicle.  I was pushed into the vehicle with my two

      24   colleagues.  We had by that time found the second man from the

      25   Department of Commerce, both of whom were bleeding profusely.

                                                                    1863

       1   And I asked the driver to take me to a hotel rather than a

       2   hotel, because I very much needed to get to work, and I was

       3   afraid if we went to a hospital it would just take too long

       4   waiting in the emergency room.

       5   Q.  I would like to publish now Government's Exhibit 804A.

       6            Ambassador Bushnell, could you tell us what is

       7   depicted in Government's Exhibit 804A.

       8   A.  That is very likely -- that photograph was very likely

       9   taken after the bombing, because you can see the huge amount

      10   of smoke coming.

      11   Q.  Is this similar to the scene that you encountered once you

      12   got out of the Cooperative Bank House?

      13   A.  I was on the ground obviously, but yes, this was -- it was

      14   this kind of scene from a war.

      15   Q.  Could we publish Government's Exhibit 804B.  804C.

      16            Again, that is --

      17   A.  It's another shot, yes.

      18   Q.  Why don't we go to Government's Exhibit 806F, which has

      19   been received in evidence.

      20            Is this a photograph of you after the bombing,

      21   Ambassador Bushnell?

      22   A.  Yes.  That was taken a day or so after the bombing.  I had

      23   a number of bandages on my hands, again because I had my hand

      24   over my head.  The debris came and hit hand and arms.  I have

      25   absolutely no idea how I cut my lip, but there you are.  I had

                                                                    1864

       1   stitches in my lip.

       2   Q.  Will you publish Government's Exhibit 806D.

       3            Do you recognize the person depicted in Government's

       4   Exhibit 806D?

       5   A.  That is Minister Kamotho, who had been sitting next to me

       6   on a couch just before the bomb went off.

       7   Q.  Did you go back to the embassy in the days following the

       8   bombing, Ambassador Bushnell?

       9   A.  The first time I went back to the embassy was the next

      10   day.  There was just too much chaos, and I had too much to do

      11   to go back on the Friday.  So the first time I was back in the

      12   building was Saturday morning.

      13   Q.  Did you pay several visits to the area of the embassy in

      14   the days and weeks following that?

      15   A.  For the subsequent months I was in the building very

      16   often.

      17   Q.  I would like to show you a series of photographs beginning

      18   with Government's Exhibit 805A.  What is depicted in

      19   Government's Exhibit 805A, Ambassador Bushnell?

      20   A.  That is an aerial view.  You can see the Cooperative Bank

      21   Building, the tall building.  You can see the embassy.  What

      22   you will not see is the Ufundi House.  Do you see the rubble

      23   in the corner between -- if you look at the embassy and you

      24   look to the left of the embassy, you can see some white

      25   rubble.  That was once a seven-story building.

                                                                    1865

       1   Q.  Could we publish 805B.

       2            What is depicted in 805B, Ambassador?

       3   A.  Again, it's a shot down to the embassy building.  If you

       4   will notice, virtually every window in the Cooperative Bank

       5   Building has been blown out.  The embassy building itself

       6   looks pretty good from the outside.  In fact, it was utter

       7   devastation on the inside and in the back.

       8   Q.  We go to 805C.

       9   A.  May I just say that the embassy had been built in the

      10   seventies to withstand an earthquake, which was why the outer

      11   walls managed to stay pretty much put.

      12   Q.  Looking at 805C, this again is a photograph of the embassy

      13   after the bombing, in the area?

      14   A.  That is correct.  Again, what you are looking at, if you

      15   take as reference point the Cooperative Bank Building, you

      16   will see in the back face of the Cooperative Building the

      17   embassy, and again I will just point out that in the corner to

      18   the right of the embassy where you see the white rubble is

      19   what was once an office building filled with people.

      20   Q.  Looking to the upper left-hand corner of the screen, you

      21   had mentioned before that there was the Kenyan rail station

      22   and rail yard.  Could you just point that out for the jury.

      23   A.  Again, if you take a as a reference point the Cooperative

      24   Bank Building and go immediately to your left, you will see

      25   red tiled roofs.  That was the railway station.  And you can

                                                                    1866

       1   see in fact behind the trees you can see the tracks.  The

       2   railroad tracks.

       3   Q.  Let's go to 805D.

       4            Actually, let's go to 805E.

       5            Just for a second, take a look at 805E.  About the

       6   middle of the screen you described a traffic circle before.

       7   Do you see that in the photograph?

       8   A.  Yes, I do.

       9   Q.  Could you just point that out for the jury.

      10   A.  If you take as reference point the embassy and you go to

      11   your right, you will see the traffic circle that at one time

      12   had a lot of vegetation on it.

      13   Q.  And again, the building to the lower right-hand corner

      14   with the orange or red tile, that is the railway yard?

      15   A.  That is the railway station, yes.

      16   Q.  Why don't we go to F.

      17            And once again, behind the railway yard were the

      18   actual train tracks, is that correct?

      19   A.  That is correct.  What you are seeing now are the train

      20   tracks.

      21   Q.  Let's go to G.

      22            Just describe what is in Government's Exhibit 805G

      23   for the jury.

      24   A.  Again, you are looking down onto the round-about, the

      25   circle, and then a little bit to the left is the top of the

                                                                    1867

       1   embassy building, the top of the Cooperative House, and the

       2   white sand is the Ufundi House, the white rubble.

       3   Q.  Let's go to 805H.

       4            Again, is that an accurate depiction of the embassy

       5   area, including the former Ufundi House?

       6   A.  That is correct, and you can see the windows blown out of

       7   the Cooperative Bank Building, the top of the embassy

       8   building, and the rubble of the Ufundi House.

       9   Q.  805I.

      10            Why don't we go to 805J, actually.

      11            Again, Ambassador, that is just another picture of

      12   the area of the embassy after the bombing?

      13   A.  That's correct, and again I would just draw to your

      14   attention the reference point of the Cooperative Bank

      15   Building, and across from that is the railway station.

      16   Q.  You mentioned that there was damage to the interior of the

      17   embassy.  Were you inside the embassy after the bombing?

      18   A.  As I said, the first time I went inside the embassy was

      19   the Saturday morning after the bombing.

      20   Q.  Did you take tours of some of the damage on the inside of

      21   the embassy?

      22   A.  I went throughout the embassy.

      23   Q.  Can we publish Government's Exhibit 809A.

      24            Is this a picture of the interior of the embassy

      25   after the bombing?

                                                                    1868

       1   A.  That's correct.  That is one of the hallways, I believe.

       2   Q.  Why don't we skip ahead to 809D, as in dog.

       3   A.  That is the roof of the building.

       4   Q.  Let's go to 809E.

       5   A.  That is also on the roof of the building.

       6   Q.  If you look in the background of the photograph, what is

       7   that building depicted there?

       8   A.  That is the Cooperative House -- I am sorry, the

       9   Cooperative Bank Building.

      10   Q.  Why don't we go to 809G.

      11            Is that another photo of the interior of the embassy

      12   after the bombing?

      13   A.  That is correct.  That is the inside of what used to be an

      14   office.

      15   Q.  And 809H.

      16   A.  Another office.  Used to be.

      17   Q.  Let's move ahead to 809I.

      18            Do you recognize this as another photo of the

      19   interior of the embassy, Ambassador?

      20   A.  That's correct.  Once again, that's an office in which

      21   people worked.

      22   Q.  Let's go to 809K.

      23            Is this another photo of the interior of the embassy?

      24   A.  Yes, it is.

      25   Q.  Why don't we skip ahead to 809Q.

                                                                    1869

       1            Is this another photo of the interior of the embassy

       2   after the bombing?

       3   A.  Yes, it is, including a file cabinet with one of the

       4   drawers thrown open.

       5   Q.  If you look in the photo through the opening in the middle

       6   of the photo, do you see a building in the background?  Do you

       7   recognize what that is?

       8   A.  That is the Cooperative Bank Building, so what you are

       9   seeing is a photo that is taken from inside the embassy out

      10   the back.

      11   Q.  Let's go ahead to 809S.  Is this another photo of the

      12   interior of the embassy after the bombing?

      13   A.  Yes, it is, including somebody's red, white and blue

      14   notebook.

      15   Q.  Why don't we skip ahead to 809Y.

      16            Do you recognize this as another depiction of the

      17   interior of the embassy after the bombing?

      18   A.  That is correct, and you can see the blue sky between what

      19   was once a wall.

      20   Q.  Let's go to 809AZ.

      21            Again, do you recognize this as a photo of the damage

      22   to the interior of the embassy?

      23   A.  That is correct, and once again, the photo is taken from

      24   inside the building.  You are looking at Ufundi House and what

      25   was once a wall, no longer there, caved in.

                                                                    1870

       1   Q.  Let's skip ahead to 809AC.  Do you recognize this as

       2   another photo of damage that the embassy sustained in the wake

       3   of the bombing?

       4   A.  That's a hole in a wall.

       5   Q.  And finally, let's go to 809AE, as in Edward.

       6            Again, is there another photo of damage to the

       7   interior of the embassy?

       8   A.  That is correct.  This is another office.

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

      10            THE COURT:  Any cross-examination?

      11            MR. WILFORD:  I have just a couple.

      12            THE COURT:  Mr. Wilford, on behalf of the defendant

      13   Odeh.

      14   CROSS-EXAMINATION

      15   BY MR. WILFORD:

      16   Q.  Good afternoon, Ambassador.

      17   A.  Good afternoon.

      18   Q.  How are you doing?

      19   A.  I am OK.  It is very difficult to be taken back.

      20   Q.  I understand.  Do you need a moment?

      21   A.  No, thank you.  I am all right.

      22   Q.  When you commenced your direct examination, you indicated

      23   that part of your responsibilities at the embassy was to have

      24   a whole host of governmental agencies involved with the Kenyan

      25   government; isn't that correct?

                                                                    1871

       1   A.  That's correct.

       2   Q.  Part of your responsibility and concern was to understand

       3   and know the economic conditions of the people in Kenya; isn't

       4   that correct?

       5   A.  That is correct.

       6   Q.  Would it be fair to say that you had some familiarity

       7   during your time as the ambassador in Kenya as to the yearly

       8   income, the per capita income of Kenyan people, the average?

       9   Did you have some knowledge about that?

      10   A.  I can't tell you the -- I frankly have forgotten what the

      11   per capita income is, but I was familiar with it at the time

      12   and it is very low.

      13   Q.  And the average monthly income is very low; isn't that

      14   correct?  Is that a fair statement?

      15   A.  That's a fair statement.

      16   Q.  By the way, do you remember the exchange rate at the time

      17   that you were there for Kenyan shillings to US dollars?

      18   A.  I believe it was between 700 and 800 shillings to the

      19   dollar.

      20   Q.  I know this is a while ago and you are in another country

      21   now, but do you happen to remember approximately how many

      22   shillings per month would be the average earning?

      23   A.  I am sorry, I don't.

      24   Q.  Ambassador, would it be fair to say that after the

      25   incident occurred, that there was a significant amount of

                                                                    1872

       1   press coverage in Kenya?

       2   A.  Yes, there was.

       3   Q.  There was press coverage in Kenya dealing with the

       4   explosion; is that correct?

       5   A.  That is correct.

       6   Q.  And also with the fact that certain individuals were being

       7   held in custody; isn't that correct?  Do you remember that?

       8   A.  That was not until later.  My recollection of press

       9   coverage was of the amount of damage and the number of people

      10   who died, because it took a fair number of days to tally the

      11   number of people who had been wounded and who had died.

      12   Q.  Yes, but I am speaking several days later.  The press

      13   coverage continued, isn't that correct, and several days later

      14   there was some coverage, in fact, quite a bit of coverage

      15   about people who had been arrested and were being interrogated

      16   in Kenya; isn't that correct?

      17   A.  I quite frankly don't have a recollection of that, but I

      18   am sure there would have been press coverage, yes.

      19   Q.  During the course of your examination you were shown

      20   several photographs.  I believe one or two of them are 805A

      21   and 805G.  In those photographs, I noticed that there were --

      22   could you put those up, please.

      23            I notice that there appear to be several what look

      24   like perhaps tents in the photograph.  Do you see those?

      25   A.  Yes.

                                                                    1873

       1   Q.  Would it be fair to say that those were erected to assist

       2   in the rescue and recovery operation that was ongoing at that

       3   time?

       4   A.  That is correct.

       5            MR. WILFORD:  Thank you.  I have no further

       6   questions.

       7            THE COURT:  Mr. Baugh, on behalf of the defendant

       8   Al-'Owhali.

       9   CROSS-EXAMINATION

      10   BY MR. BAUGH:

      11   Q.  Good afternoon, Ambassador.

      12   A.  Good afternoon.

      13   Q.  I notice sometimes some people say Kenya, some people

      14   Kenya.  Which is proper?

      15   A.  Kenyans say Kenya.

      16   Q.  Actually, following Mr. Wilford, taking the liberty of

      17   pulling some information from the United States Central

      18   Command, would you agree with the figure that the exchange

      19   rate in 1998 was about 1 US dollar to 61.164 Kenyan shillings?

      20   Would that be approximately right?

      21   A.  You are correct.  I added a zero.

      22   Q.  Yes, ma'am, and also that the per capital income in 1997,

      23   US dollars, was approximately $1,600?

      24   A.  That sounds about right.  I can't say exactly.

      25   Q.  Believe me, I didn't know till last night myself.

                                                                    1874

       1            Do you recollect all the agencies of the United

       2   States government that utilized the building of the U.S.

       3   Embassy?  You mentioned DOD, the Department of Defense.

       4   A.  We had, it was primarily -- let's see.  We had the

       5   Department of Agriculture in the building.  We had Immigration

       6   and Naturalization Services in the building.  We had the

       7   regional headquarters of the Department of Commerce.  We

       8   had --

       9   Q.  Ambassador, may I interrupt you.

      10   A.  Sure.

      11   Q.  Am I correct that the United States Embassy in Kenya also

      12   has facilities for secure satellite up-links of --

      13            MR. BUTLER:  Objection, your Honor.

      14            THE COURT:  Sustained.

      15   Q.  Ma'am, would you agree that the agencies you just listed

      16   don't need top secret communication facilities, do they?

      17            MR. BUTLER:  Objection, your Honor.

      18            THE COURT:  Sustained.

      19            MR. BAUGH:  Then I will ask it this way.

      20   Q.  This diagram, this mock-up, in the photographs there are a

      21   lot of antennae and satellite dishes on top that are not on

      22   this model, are they?  Is that correct?

      23   A.  That is correct, you don't see satellite dishes on the

      24   model.

      25   Q.  Those satellite dishes are for direct communication to the

                                                                    1875

       1   United States --

       2            MR. BUTLER:  Objection, your Honor.

       3            THE COURT:  No, I will allow it.

       4   Q.  Those satellite dishes are for direct communication to the

       5   United States, am I correct?

       6   A.  That's correct.

       7   Q.  And further, without getting into what goes over them,

       8   some of those communication systems are set up with encryption

       9   devices, am I right?

      10            Don't answer yet.

      11            MR. BUTLER:  Objection, your Honor.

      12            THE COURT:  Sustained, sustained.

      13   Q.  Ma'am, are there agencies that work in that agency which

      14   require secret communication devices?

      15            Don't answer.

      16            MR. BUTLER:  Objection, your Honor.

      17            THE COURT:  I will allow that.  That is yes or no, if

      18   you know.

      19   Q.  Thank you.  Are there agencies in that building that

      20   require secret communication facilities?

      21   A.  Yes.

      22            MR. BUTLER:  Objection, your Honor.

      23            THE COURT:  Overruled.

      24   Q.  Thank you.  You have been with the State Department --

      25   before you became an ambassador -- you were appointed by the

                                                                    1876

       1   president, right?

       2   A.  Pardon me?

       3   Q.  Ambassadors are appointed by the president?

       4   A.  That is correct.

       5   Q.  But unlike many ambassadors, you were a State Department

       6   employee?

       7   A.  That's correct.

       8   Q.  And had been one for years.

       9   A.  That is correct.

      10   Q.  What year were you made US ambassador in Kenya?

      11   A.  In 1996.

      12   Q.  In 1996, as part of your duties, were you told about this

      13   Bin Laden thing that was going on over there?

      14            MR. BUTLER:  Objection, your Honor.

      15            THE COURT:  Sustained.  Sustained.

      16   Q.  As United States ambassador, did you ever warn the Kenyans

      17   about threats made against US embassies, US facilities?

      18            MR. BUTLER:  Objection, your Honor.

      19            THE COURT:  Sustained.

      20   Q.  Ma'am, were you ever told that the FBI had developed --

      21            MR. BUTLER:  Objection, your Honor.  This is beyond

      22   the scope.

      23            MR. BAUGH:  If I might, Judge.

      24            THE COURT:  I will permit you to ask the question.

      25   Please let me rule.

                                                                    1877

       1   Q.  Don't answer till the judge rules.

       2            Ma'am, were you ever told that in 1996 a man named al

       3   Fadl, F-A-D-L --

       4            MR. BUTLER:  Objection, your Honor.

       5            THE COURT:  Sustained.

       6   Q.  Ma'am, as an employee of the State Department, your boss

       7   would have been Madeleine Albright, am I correct?  She was

       8   head of state at that time, wasn't she?

       9   A.  Actually, I represent the president of the United States

      10   and my boss was at that time William J. Clinton.

      11   Q.  When you became an ambassador, you were no longer a State

      12   Department employee.

      13   A.  Any ambassador is the personal representative of the

      14   president.  You report through the Secretary of State, who at

      15   that time was Madeleine Albright.

      16   Q.  When you took your position in 1996, were you mindful of

      17   certain threats that had been made against the United

      18   States --

      19            MR. BUTLER:  Objection, your Honor.

      20            THE COURT:  I will confine my remarks to objection

      21   sustained.

      22            I will see counsel and the reporter in the robing

      23   room.

      24            (Continued on next page)

      25

                                                                    1878

       1            (Conference in the robing room sealed and filed under

       2   separate cover)

       3            (In open court)

       4            MR. BAUGH:  In light of the Court's ruling, no

       5   further questions.

       6            THE COURT:  No further questions.  Anything further

       7   of the witness?  Any redirect?

       8            MR. BUTLER:  No, your Honor.

       9            THE COURT:  Thank you, Madame Ambassador.  And we'll

      10   take a recess.

      11            (Jury not present)

      12            THE COURT:  Have you worked out your logistics?

      13            MR. RICCO:  Yes, we're okay.

      14            THE COURT:  You're okay.

      15            What's the next order of business?

      16            MR. FITZGERALD:  We're going to display some

      17   photographs or sketches and then call witnesses in the order

      18   in which they are set forth in the letter.

      19            THE COURT:  All right.  So we'll take a recess.

      20            Defendants want to take a recess?

      21            MR. HERMAN:  This will be for prayer?

      22            THE COURT:  Yes.

      23            MR. HERMAN:  Thank you.

      24            (Recess)

      25            THE COURT:  I'm aware that there is about to be filed

                                                                    1879

       1   a motion to suppress and I just want to set a timetable for

       2   this.

       3            When was it going to be planned to introduce the

       4   evidence which is sought to be suppressed?

       5            MR. FITZGERALD:  Probably in about two and a half

       6   weeks.

       7            THE COURT:  Two and a half weeks.

       8            MR. FITZGERALD:  Not next week.

       9            THE COURT:  Not next week.

      10            MR. FITZGERALD:  What I could do, if we could have a

      11   chance to -- Mr. Ricco gave us a copy, but if I could get a

      12   chance to look at it tonight and talk to Mr. Ricco and contact

      13   chambers tomorrow about a briefing schedule.

      14            THE COURT:  You're out of town tomorrow?

      15            MR. RICCO:  I'll call Mr. Fitzgerald.

      16            THE COURT:  All right.  I didn't realize we had that

      17   much time.  Okay.  Very well.

      18            So you're going to play the videotape and that will

      19   take us until 4:30.

      20            One other logistic matter:  March 29 we're going to

      21   have to end at 3:00 to accommodate a juror who has to attend a

      22   wedding.  We can do that.

      23            All right, we'll resume, then, as soon as the

      24   defendants return.

      25            I'm also told that I should not say anything to the

                                                                    1880

       1   jurors about timing.

       2            MR. COHN:  I think that things have sort of changed,

       3   and there are thoughts at the moment to --

       4            THE COURT:  All right, I won't do it then.  Just let

       5   me know when the defendants have returned.

       6            (Recess)

       7            (Jury present)

       8            THE COURT:  I've already advised counsel on March 29,

       9   that Thursday, we're going to end by 3:00 as requested.  No

      10   problem.

      11            Next order of business?

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

      13   Government Exhibit 802A was received in evidence earlier

      14   today.  We will offer 802I, which is a closeup of that sketch,

      15   substantially identical to 802A except that the markings had

      16   been removed, certain markings shown to counsel, and we offer

      17   802I, and 802J, which is a closeup of 802G and H, and then

      18   Government Exhibits 252 and 253, which is a side-by-side

      19   comparison of 802I and Government Exhibit 704P2, and 253 is

      20   the comparison of 802J and 704P1.  So we offer 802I, 802J, 252

      21   and 253.

      22            THE COURT:  And this is agreed to?  Any objection to

      23   this?

      24            MR. WILFORD:  No objection, your Honor.

      25            THE COURT:  Very well.

                                                                    1881

       1            (Government Exhibits 802I, 802J, 252 and 253 received

       2   in evidence)

       3            MR. FITZGERALD:  At this time we would publish to the

       4   jury Government Exhibit 252, which is the side-by-side of 802A

       5   and Government Exhibit 704P2 received earlier today.

       6            (Government Exhibit 252 displayed on the screen)

       7            MR. FITZGERALD:  At this time the government would

       8   display Government Exhibit 253, which is a side-by-side

       9   comparison of 802J and 704P1 received earlier today.

      10            (Government Exhibit 254 displayed on the screen)

      11            MR. FITZGERALD:  And we would invite counsel and the

      12   Court and the jury to compare also the area with the model,

      13   Government Exhibit 800, near the parking area and the garage.

      14            MR. BUTLER:  At this time, your Honor, the government

      15   would like to play the videotape that's been previously

      16   entered into evidence as Government Exhibit 83A.

      17            THE COURT:  80?

      18            MR. BUTLER:  83A.

      19            THE COURT:  83A.  Very well, we'll do so.

      20            (Government Exhibit 83A, the videotape in evidence,

      21   was played)

      22            THE COURT:  All right, ladies and gentlemen, we'll

      23   call it a week.  Enjoy your weekend.  We'll resume on Monday

      24   morning, the usual time.

      25            Please remember to avoid exposure to any media

                                                                    1882

       1   coverage of this trial and have a pleasant weekend.

       2            (Jury not present)

       3            THE COURT:  I changed the seating of the first and

       4   the fourth alternate jurors simply because the fourth juror,

       5   fourth alternate, requested more immediate access to the

       6   restroom.  It has no significance to their -- has no legal

       7   consequences in terms of their sequence as alternates.

       8            So the next order of business are, then, the Kenyan

       9   witnesses?

      10            MR. FITZGERALD:  Yes, Judge.

      11            THE COURT:  And that should be Monday morning?

      12            MR. FITZGERALD:  Yes, Judge, and I think rapidly to

      13   Agent Gaudin for the testimony concerning the Al-'Owhali

      14   statement.

      15            THE COURT:  Very well.  Anything counsel would wish

      16   to take up with me?

      17            MR. WILFORD:  No, your Honor.

      18            THE COURT:  I will refrain from making any statement

      19   to the jury about timing until counsel tell me it's

      20   appropriate to do so.

      21            All right, we're adjourned until Monday morning.

      22            (Adjourned to March 5, 2001 at 10:00 a.m.)

      23

      24

      25

                                                                    1883

       1                        INDEX OF EXAMINATION

       2   Witness                    D      X      RD     RX

       3   HOWARD LEADBETTER II....1810   1820

       4   PRUDENCE BUSHNELL.......1851   1870

       5                        GOVERNMENT EXHIBITS

       6   Exhibit No.                                     Received

       7    709A through 709D ..........................1813

       8    708 ........................................1814

       9    700, 702, 704, 704P1 and 704P2, 710-96,

      10    700T, 7002T and 710-96T ....................1819

      11    46 .........................................1819

      12    38, 83A, 800, 801A through 801G,

      13    802A through 802H, 803A through 803E,

      14    804A through 804C, 805A through 805J,

      15    806A through 809AF . .......................1848

      16    37 .........................................1849

      17    802I, 802J, 252 and 253 ....................1881

      18                         DEFENDANT EXHIBITS

      19   Exhibit No.                                     Received

      20    Z ..........................................1821

      21    E and F ....................................1827

      22    Odeh D, G, H and I .........................1842

      23

      24

      25

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