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

This is the transcript of Day 55 of the trial May 29, 2001.

Days 53 and 54 to be sent by the Court Reporters Office tomorrow.

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

                                                                    6542

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

       3   UNITED STATES OF AMERICA

       4              v.                           S(7) 98 Cr. 1023

       5   USAMA BIN LADEN, et al.,

       6                  Defendants.

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

       8
                                                   New York, N.Y.
       9                                           May 29, 2001
                                                   9:15 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

                                                                    6543

       1                            APPEARANCES

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

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

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

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

      17

      18

      19

      20

      21

      22

      23

      24

      25

                                                                    6559

       1            (Deliberations resumed)

       2            (Pages 6544-6558 sealed)

       3            (In open court; trial counsel and defendants Mohamed

       4   and al-'Owhali present; time noted, 11:25 a.m.)

       5            THE COURT:  The note from the jury reads:  "Judge

       6   Sand, the jury requests Grand Jury Exhibits 40 and 69 from El

       7   Hage's testimonies.  Thank you."

       8            The testimony is in the plural.  That is the two

       9   separate grand jury appearances?

      10            MR. FITZGERALD:  I know that Exhibit 69 is in the

      11   1998 testimony, and Grand Jury Exhibit 40 is also in the 1998.

      12            THE COURT:  Where is Mr. El Hage?

      13            MR. DRATEL:  They were just bringing out the

      14   defendants for 11:30.  They didn't realize there was a note.

      15            THE COURT:  Is there any issue with respect to the

      16   exhibits?

      17            MR. KARAS:  There shouldn't be.

      18            THE COURT:  May that be sent in to the jury?

      19            MR. KARAS:  We are getting the originals, your Honor.

      20   It may be that one of them they already have.  We are just

      21   doublechecking that.

      22            (Court's Exhibit I of this date marked)

      23            THE COURT:  Do the exhibits relate to specific

      24   counts?

      25            MR. FITZGERALD:  Yes, your Honor.  Grand Jury Exhibit

                                                                    6560

       1   40 is not mentioned in a specific count -- the last count 302

       2   refers to Grand Jury Exhibit 40 and concerns Grand Jury

       3   Exhibit 69.

       4            THE COURT:  The last count?

       5            MR. FITZGERALD:  Yes.

       6            THE COURT:  Is there anything else that we should

       7   address that can appropriately be addressed in open court?

       8            MR. COHN:  The question of the standard of review --

       9            MR. FITZGERALD:  Your Honor, I am three sentences

      10   away from finishing the submission, which I can give to

      11   counsel.

      12            THE COURT:  I am awaiting that.  Why don't we give

      13   first priority to responding to the jurors' inquiries,

      14   particularly if in fact it relates to the last count in the

      15   verdict form, and then in 10 minutes I will see counsel and

      16   the reporter in the robing room.

      17            (Recess)

      18            (Pages 6561-6565 sealed)

      19            (Continued on next page)

      20

      21

      22

      23

      24

      25

                                                                    6566

       1            (In open court; all parties present)

       2            THE COURT:  After the verdict is announced we will

       3   tell the jurors they can go home and I will caution them about

       4   following the previous instructions, and we will have the

       5   exhibits removed from the jury room -- not the notes, not the

       6   indictment, not the charge, not the verdict form but the

       7   exhibits.

       8            MR. COHN:  We couldn't hear what was just said.

       9            THE COURT:  I was saying that after the verdict is

      10   taken, we will instruct the jurors that they may go home,

      11   repeat the previous admonitions, and instruct the marshals to

      12   remove the exhibits from the jury room.

      13            (Time noted, 12:30 p.m., jury present)

      14            THE COURT:  Good afternoon.

      15            JURORS:  Good afternoon, your Honor.

      16            THE COURT:  Our first order of business is to take

      17   attendance, although obviously you are all here, and just by

      18   numbers.

      19            THE CLERK:  Ladies and gentlemen of the jury, please

      20   answer to your presence as your name is called.

      21            (Roll called; all present)

      22            THE CLERK:  Madam Forelady, has the jury reached a

      23   verdict?

      24            THE FOREPERSON:  Yes, we have.

      25            THE CLERK:  On Count 1, how do you find as to the

                                                                    6567

       1   defendant Wadih El Hage?

       2            THE FOREPERSON:  On Count 1, we find the defendant

       3   Wadih El Hage guilty.

       4            THE CLERK:  How do you find as to the defendant

       5   Mohamed Sadeek Odeh?

       6            THE FOREPERSON:  We find Mohamed Sadeek Odeh guilty.

       7            THE CLERK:  How do you find as to Mohamed Rashed

       8   Daoud al-'Owhali?

       9            THE FOREPERSON:  We find Mohamed Rashed Daoud

      10   al-'Owhali guilty.

      11            THE CLERK:  How do you find as to the defendant

      12   Khalfan Khamis Mohamed?

      13            THE FOREPERSON:  Khalfan Khamis Mohamed guilty.

      14            THE CLERK:  On Count 2, how do you find as to the

      15   defendant Wadih El Hage?

      16            THE FOREPERSON:  Wadih El Hage guilty.

      17            THE CLERK:  How do you find as to the defendant

      18   Mohamed Sadeek Odeh?

      19            THE FOREPERSON:  Mohamed Sadeek Odeh guilty.

      20            THE CLERK:  How do you find as to the defendant

      21   Mohamed Rashed Daoud Al-'Owhali?

      22            THE FOREPERSON:  Mohamed Rashed Daoud Al-'Owhali

      23   guilty.

      24            THE CLERK:  How do you find as to the defendant

      25   Khalfan Khamis Mohamed?

                                                                    6568

       1            THE FOREPERSON:  Khalfan Khamis Mohamed guilty.

       2            THE CLERK:  As objective 1, what is your answer?

       3            THE FOREPERSON:  Yes.  The answer is yes.

       4            THE CLERK:  Objective 2?

       5            THE FOREPERSON:  Objective 2, the answer is yes.

       6            THE CLERK:  Going to Count 3, how do you find as to

       7   defendant Odeh?

       8            THE FOREPERSON:  Mohamed Sadeek Odeh guilty.

       9            THE CLERK:  How do you find as to the defendant

      10   Al-'Owhali?

      11            THE FOREPERSON:  Defendant Al-'Owhali guilty.

      12            THE CLERK:  How do you find as to the defendant

      13   Mohamed?

      14            THE FOREPERSON:  Defendant Mohamed guilty.

      15            THE CLERK:  With respect to objective 1, your answer

      16   is?

      17            THE FOREPERSON:  Objective 1, the answer is yes.

      18            THE CLERK:  With respect to objective 2, your answer

      19   is?

      20            THE FOREPERSON:  Objective 2, there is no answer.

      21            THE CLERK:  On Count 4, how do you find as to

      22   defendant El Hage?

      23            THE FOREPERSON:  Defendant El Hage guilty.

      24            THE CLERK:  How do you find as to defendant Odeh?

      25            THE FOREPERSON:  Defendant Odeh guilty.

                                                                    6569

       1            THE CLERK:  How do you find as to defendant

       2   Al-'Owhali?

       3            THE FOREPERSON:  Defendant Al-'Owhali guilty.

       4            THE CLERK:  How do you find as to defendant Mohamed?

       5            THE FOREPERSON:  Defendant Mohamed guilty.

       6            THE CLERK:  Part A, objective 1.  Your answer is?

       7            THE FOREPERSON:  The answer is yes.

       8            THE CLERK:  Objective 2?

       9            THE FOREPERSON:  The answer is yes.

      10            THE CLERK:  Part B?

      11            THE FOREPERSON:  The answer is yes.

      12            THE CLERK:  Part C?

      13            THE FOREPERSON:  The answer is yes.

      14            THE CLERK:  And part D?

      15            THE FOREPERSON:  The answer is yes.

      16            THE CLERK:  On Count 5, how do you find as to the

      17   defendant Odeh?

      18            THE FOREPERSON:  Defendant Odeh guilty.

      19            THE CLERK:  How do you find as to defendant

      20   Al-'Owhali?

      21            THE FOREPERSON:  Defendant Al-'Owhali guilty.

      22            THE CLERK:  On part B of Count 5, with respect to

      23   Odeh your answer is?

      24            THE FOREPERSON:  Yes.

      25            THE CLERK:  Part C of Count 5 with respect to

                                                                    6570

       1   Al-'Owhali?

       2            THE FOREPERSON:  Your answer is?

       3            THE FOREPERSON:  The answer is, himself used an

       4   explosive to damage or destroy the Nairobi embassy.

       5            THE CLERK:  Question 2 of part C?

       6            THE FOREPERSON:  The answer is yes.

       7            THE CLERK:  Count 6, how do you find as to defendant

       8   Khalfan Khamis Mohamed?

       9            THE FOREPERSON:  Count 6A, guilty.

      10            THE CLERK:  With respect to B, question 1, your

      11   answer is?

      12            THE FOREPERSON:  The answer is, aided and abetted the

      13   use of an explosive to damage and destroy the Dar es Salaam

      14   embassy.

      15            THE CLERK:  Question 2?

      16            THE FOREPERSON:  Question 2, the answer is yes.

      17            THE CLERK:  Count 7, how do you find as to defendant

      18   Odeh?

      19            THE FOREPERSON:  Count 7, part A, defendant Odeh

      20   guilty.

      21            THE CLERK:  As to defendant Al-'Owhali on part A?

      22            THE FOREPERSON:  Defendant Al-'Owhali guilty.

      23            THE CLERK:  Part B as to defendant Odeh your answer

      24   is?

      25            THE FOREPERSON:  The answer is yes.

                                                                    6571

       1            THE CLERK:  Part C as to defendant Al-'Owhali your

       2   answer is?

       3            THE FOREPERSON:  The answer is, himself used a weapon

       4   of mass destruction for bombing the Nairobi embassy.

       5            THE CLERK:  Part C, your answer is, as to Al-'Owhali?

       6            THE FOREPERSON:  The answer is yes.

       7            THE CLERK:  On Count 8, how do you find as to

       8   defendant Khalfan Khamis Mohamed?

       9            THE FOREPERSON:  Guilty.

      10            THE CLERK:  Part B of Count 8, question 1?

      11            THE FOREPERSON:  Part B question 1, aided and abetted

      12   the use of a weapon of mass destruction for bombing the Dar es

      13   Salaam embassy.

      14            THE CLERK:  Part B, question 2?

      15            THE FOREPERSON:  The answer is yes.

      16            THE CLERK:  Count 9, Bonita Achola, victim Bonita

      17   Achola, how do you find as to defendant Odeh?

      18            THE FOREPERSON:  Guilty.

      19            THE CLERK:  As to defendant Al-'Owhali?

      20            THE FOREPERSON:  Guilty.

      21            THE CLERK:  Himself killed, or aided and abetted?

      22            THE FOREPERSON:  Himself killed.

      23            THE CLERK:  Count 10, victim Samson Oduor Ohomo, how

      24   do you find as to defendant Odeh?

      25            THE FOREPERSON:  Guilty.

                                                                    6572

       1            THE CLERK:  As to defendant Al-'Owhali?

       2            THE FOREPERSON:  Al-'Owhali guilty, himself killed.

       3            THE CLERK:  Count 11, Margaret Akinyi, how do you

       4   find as to defendant Odeh?

       5            THE FOREPERSON:  Guilty.

       6            THE CLERK:  As to defendant Al-'Owhali?

       7            THE FOREPERSON:  Guilty, himself killed.

       8            THE CLERK:  Count 12, Jessie Nathaniel Aliganga, how

       9   do you find as to defendant Odeh?

      10            THE FOREPERSON:  Guilty.

      11            THE CLERK:  As to defendant Al-'Owhali?

      12            THE FOREPERSON:  Guilty, himself killed.

      13            THE CLERK:  Count 13, Emma Adhiambo Anulo, how do you

      14   find as to the defendant Odeh?

      15            THE FOREPERSON:  Guilty.

      16            THE CLERK:  As to the defendant Al-'Owhali?

      17            THE FOREPERSON:  Guilty, himself killed.

      18            THE CLERK:  Count 14, Elizabeth Anyango, as to

      19   defendant Odeh?

      20            THE FOREPERSON:  Guilty.

      21            THE CLERK:  As to defendant Al-'Owhali?

      22            THE FOREPERSON:  Guilty, himself killed.

      23            THE CLERK:  Count 15, Monicah Apondi, as to defendant

      24   Odeh?

      25            THE FOREPERSON:  Guilty.

                                                                    6573

       1            THE CLERK:  As to defendant Al-'Owhali?

       2            THE FOREPERSON:  Guilty, himself killed.

       3            THE CLERK:  Count 16, Rosetta Ivayo Barasa, as to the

       4   defendant Odeh?

       5            THE FOREPERSON:  Guilty.

       6            THE CLERK:  As to the defendant Al-'Owhali?

       7            THE FOREPERSON:  Guilty, and himself killed.

       8            THE CLERK:  Julian Leotis Bartley, Jr., how do you

       9   find as to the defendant Odeh?

      10            THE FOREPERSON:  Guilty.

      11            THE CLERK:  As to the defendant Al-'Owhali?

      12            THE FOREPERSON:  Guilty, himself killed.

      13            THE CLERK:  Julian Leotis Bartley, Sr., how do you

      14   find as to the defendant Odeh?

      15            THE FOREPERSON:  Guilty.

      16            THE CLERK:  As to the defendant Al-'Owhali?

      17            THE FOREPERSON:  Guilty, himself killed.

      18            THE CLERK:  Chrispine Bonyo, how do you find as to

      19   the defendant Odeh?

      20            THE FOREPERSON:  Guilty.

      21            THE CLERK:  As to the defendant Al-'Owhali?

      22            THE FOREPERSON:  Guilty, himself killed.

      23            THE CLERK:  Daniel Kiprono Cheruiyot, how do you find

      24   as to the defendant Odeh?

      25            THE FOREPERSON:  Guilty.

                                                                    6574

       1            THE CLERK:  As to the defendant Al-'Owhali?

       2            THE FOREPERSON:  Guilty, himself killed.

       3            THE CLERK:  Jean Rose Dalizu, how do you find as to

       4   the defendant Odeh?

       5            THE FOREPERSON:  Guilty.

       6            THE CLERK:  As to the defendant Al-'Owhali?

       7            THE FOREPERSON:  Guilty, himself killed.

       8            THE CLERK:  Count 22, Eva Nyanjau Gacheru, how do you

       9   find as to the defendant Odeh?

      10            THE FOREPERSON:  Guilty.

      11            THE CLERK:  As to the defendant Al-'Owhali?

      12            THE FOREPERSON:  Guilty, himself killed.

      13            THE CLERK:  Count 23, Alice Nduta Gachiri, how do you

      14   find as to the defendant Odeh?

      15            THE FOREPERSON:  Guilty.

      16            THE CLERK:  As to the defendant Al-'Owhali?

      17            THE FOREPERSON:  Guilty, himself killed.

      18            THE CLERK:  Count 24, Jane Wangui Gakuru, how do you

      19   find as to the defendant Odeh?

      20            THE FOREPERSON:  Guilty.

      21            THE CLERK:  As to the defendant Al-'Owhali?

      22            THE FOREPERSON:  Guilty, himself killed.

      23            THE CLERK:  Count 25, Ralph Johnstone Gathumbi, how

      24   do you find as to the defendant Odeh?

      25            THE FOREPERSON:  Guilty.

                                                                    6575

       1            THE CLERK:  As to the defendant Al-'Owhali?

       2            THE FOREPERSON:  Guilty, himself killed.

       3            THE CLERK:  Justus Njeru Geoffrey, how do you find as

       4   to the defendant Odeh?

       5            THE FOREPERSON:  Guilty.

       6            THE CLERK:  As to the defendant Al-'Owhali?

       7            THE FOREPERSON:  Guilty, himself killed.

       8            THE CLERK:  Count 27, Agnes Wanjiku Gitau, how do you

       9   find as to the defendant Odeh?

      10            THE FOREPERSON:  Guilty.

      11            THE CLERK:  As to the defendant Al-'Owhali?

      12            THE FOREPERSON:  Guilty, himself killed.

      13            THE CLERK:  Lawrence Ambrose Gitau, how do you find

      14   as to the defendant Odeh?

      15            THE FOREPERSON:  Guilty.

      16            THE CLERK:  As to the defendant Al-'Owhali?

      17            THE FOREPERSON:  Guilty, himself killed.

      18            THE CLERK:  Count 29, Benard Mugambi Gitonga, how do

      19   you find as to the defendant Odeh?

      20            THE FOREPERSON:  Guilty.

      21            THE CLERK:  How do you find as to the defendant

      22   Al-'Owhali?

      23            THE FOREPERSON:  Guilty, himself killed.

      24            THE CLERK:  Count 30, Susan Wairimu Gitu, how do you

      25   find as to the defendant Odeh?

                                                                    6576

       1            THE FOREPERSON:  Guilty.

       2            THE CLERK:  As to the defendant Al-'Owhali?

       3            THE FOREPERSON:  Guilty, himself killed.

       4            THE CLERK:  Rosemary Njeri Gituma, how do you find as

       5   to the defendant Odeh?

       6            THE FOREPERSON:  Guilty.

       7            THE CLERK:  As to the defendant Al-'Owhali?

       8            THE FOREPERSON:  Guilty, himself killed.

       9            THE CLERK:  Hassan Hukay Guracha, how do you find as

      10   to the defendant Odeh?

      11            THE FOREPERSON:  Guilty.

      12            THE CLERK:  As to the defendant Al-'Owhali?

      13            THE FOREPERSON:  Guilty, himself killed.

      14            THE CLERK:  Count 33, Burhan Aden Hanshi, how do you

      15   find as to the defendant Odeh?

      16            THE FOREPERSON:  Guilty.

      17            THE CLERK:  As to the defendant Al-'Owhali?

      18            THE FOREPERSON:  Guilty, himself killed.

      19            THE CLERK:  Count 34, Molly H. Hardy, how do you find

      20   as to the defendant Odeh?

      21            THE FOREPERSON:  Guilty.

      22            THE CLERK:  As to the defendant Al-'Owhali?

      23            THE FOREPERSON:  Guilty, himself killed.

      24            THE CLERK:  Kenneth Ray Hobson, Count 35, Kenneth Ray

      25   Hobson, how do you find as to the defendant Odeh?

                                                                    6577

       1            THE FOREPERSON:  Guilty.

       2            THE CLERK:  As to the defendant Al-'Owhali?

       3            THE FOREPERSON:  Guilty, himself killed.

       4            THE CLERK:  Count 36, Hindu Omar Iddi, how do you

       5   find as to the defendant Odeh?

       6            THE FOREPERSON:  Guilty.

       7            THE CLERK:  As to the defendant Al-'Owhali?

       8            THE FOREPERSON:  Guilty, himself killed.

       9            THE CLERK:  Count 37, Tony Kihato Irungu, how do you

      10   find as to the defendant Odeh?

      11            THE FOREPERSON:  Guilty.

      12            THE CLERK:  As to the defendant Al-'Owhali?

      13            THE FOREPERSON:  Guilty, himself killed.

      14            THE CLERK:  Count 38, George Irungu, how do you find

      15   as to the defendant Odeh?

      16            THE FOREPERSON:  Guilty.

      17            THE CLERK:  As to the defendant Al-'Owhali?

      18            THE FOREPERSON:  Guilty, himself killed.

      19            THE CLERK:  Count 39, Jane Wangari Itutia, how do you

      20   find as to the defendant Odeh?

      21            THE FOREPERSON:  Guilty.

      22            THE CLERK:  As to the defendant Al-'Owhali?

      23            THE FOREPERSON:  Guilty, himself killed.

      24            THE CLERK:  Count 40, Dorine Aluoch Jow, how do you

      25   find as to the defendant Odeh?

                                                                    6578

       1            THE FOREPERSON:  Guilty.

       2            THE CLERK:  As to the defendant Al-'Owhali?

       3            THE FOREPERSON:  Guilty, himself killed.

       4            THE CLERK:  Count 41, Gilbert Mugo Kahindi, how do

       5   you find as to the defendant Odeh?

       6            THE FOREPERSON:  Guilty.

       7            THE CLERK:  As to the defendant Al-'Owhali?

       8            THE FOREPERSON:  Guilty, himself killed.

       9            THE CLERK:  Count 42, John Karoki Kahuthu, how do you

      10   find as to the defendant Odeh?

      11            THE FOREPERSON:  Guilty.

      12            THE CLERK:  As to the defendant Al-'Owhali?

      13            THE FOREPERSON:  Guilty, himself killed.

      14            THE CLERK:  Count 43, Geoffrey Mulu Kalio, how do you

      15   find as to the defendant Odeh?

      16            THE FOREPERSON:  Guilty.

      17            THE CLERK:  As to the defendant Al-'Owhali?

      18            THE FOREPERSON:  Guilty, himself killed.

      19            THE CLERK:  Count 44, Joel Gitumbo Kamau, how do you

      20   find as to the defendant Odeh?

      21            THE FOREPERSON:  Guilty.

      22            THE CLERK:  As to the defendant Al-'Owhali?

      23            THE FOREPERSON:  Guilty, himself killed.

      24            THE CLERK:  Count 45, Francis Kihara Kamiti, how do

      25   you find as to the defendant Odeh?

                                                                    6579

       1            THE FOREPERSON:  Guilty.

       2            THE CLERK:  As to the defendant Al-'Owhali?

       3            THE FOREPERSON:  Guilty, himself killed.

       4            THE CLERK:  Count 46, Lawrence Gitau Kamuti, how do

       5   you find as to the defendant Odeh?

       6            THE FOREPERSON:  Guilty.

       7            THE CLERK:  As to the defendant Al-'Owhali?

       8            THE FOREPERSON:  Guilty, himself killed.

       9            THE CLERK:  Count 47, Margaret Wanjiru Kangi, how do

      10   you find as to the defendant Odeh?

      11            THE FOREPERSON:  Guilty.

      12            THE CLERK:  As to the defendant Al-'Owhali?

      13            THE FOREPERSON:  Guilty, himself killed.

      14            THE CLERK:  Count 48, Rachel Wambui Karaba, how do

      15   you find as to the defendant Odeh?

      16            THE FOREPERSON:  Guilty.

      17            THE CLERK:  As to the defendant Al-'Owhali?

      18            THE FOREPERSON:  Guilty, himself killed.

      19            THE CLERK:  Count 49, Charles Mugo Karanja, how do

      20   you find as to the defendant Odeh?

      21            THE FOREPERSON:  Guilty.

      22            THE CLERK:  As to the defendant Al-'Owhali?

      23            THE FOREPERSON:  Guilty, himself killed.

      24            THE CLERK:  Count 50, Lucy Nyamira Karigi, how do you

      25   find as to the defendant Odeh?

                                                                    6580

       1            THE FOREPERSON:  Guilty.

       2            THE CLERK:  As to the defendant Al-'Owhali?

       3            THE FOREPERSON:  Guilty, himself killed.

       4            THE CLERK:  Beatrice Nyambura Kariuki, how do you

       5   find as to the defendant Odeh?

       6            THE FOREPERSON:  Guilty.

       7            THE CLERK:  As to the defendant Al-'Owhali?

       8            THE FOREPERSON:  Guilty, himself killed.

       9            THE CLERK:  Count 52, Moses Kariuki, how do you find

      10   as to the defendant Odeh?

      11            THE FOREPERSON:  Guilty.

      12            THE CLERK:  As to the defendant Al-'Owhali?

      13            THE FOREPERSON:  Guilty, himself killed.

      14            THE CLERK:  Count 53, Kristine Anne Wairimu Karumba,

      15   how do you find as to the defendant Odeh?

      16            THE FOREPERSON:  Guilty.

      17            THE CLERK:  As to the defendant Al-'Owhali?

      18            THE FOREPERSON:  Guilty, himself killed.

      19            THE CLERK:  Count 54, Prabhi Gutpara Kavaler, as to

      20   defendant Odeh?

      21            THE FOREPERSON:  Guilty.

      22            THE CLERK:  As to defendant Al-'Owhali?

      23            THE FOREPERSON:  Guilty, himself killed.

      24            THE CLERK:  Count 55, Thomas Mudanyi Khahenzi, how do

      25   you find as to defendant Odeh?

                                                                    6581

       1            THE FOREPERSON:  Guilty.

       2            THE CLERK:  As to defendant Al-'Owhali?

       3            THE FOREPERSON:  Guilty, himself killed.

       4            THE CLERK:  Count 56, Francis Kiiru Kibathi, how do

       5   you find as to the defendant Odeh?

       6            THE FOREPERSON:  Guilty.

       7            THE CLERK:  As to the defendant Al-'Owhali?

       8            THE FOREPERSON:  Guilty, himself killed.

       9            THE CLERK:  Count 57, Kackline Nyawira Kibera, how do

      10   you find as to the defendant Odeh?

      11            THE FOREPERSON:  Guilty.

      12            THE CLERK:  As to the defendant Al-'Owhali?

      13            THE FOREPERSON:  Guilty, himself killed.

      14            THE CLERK:  Count 58, Rael Biiri Kimani, how do you

      15   find as to the defendant Odeh?

      16            THE FOREPERSON:  Guilty.

      17            THE CLERK:  As to the defendant Al-'Owhali?

      18            THE FOREPERSON:  Guilty, himself killed.

      19            THE CLERK:  Count 59, Felistas Njeri Kimani, how do

      20   you find as to the defendant Odeh?

      21            THE FOREPERSON:  Guilty.

      22            THE CLERK:  As to the defendant Al-'Owhali?

      23            THE FOREPERSON:  Guilty, himself killed.

      24            THE CLERK:  Count 60, Stephen Maina Kimani, how do

      25   you find as to the defendant Odeh?

                                                                    6582

       1            THE FOREPERSON:  Guilty.

       2            THE CLERK:  As to the defendant Al-'Owhali?

       3            THE FOREPERSON:  Guilty, himself killed.

       4            THE CLERK:  Count 61, Philip Munyao Kioko, how do you

       5   find as to the defendant Odeh?

       6            THE FOREPERSON:  Guilty.

       7            THE CLERK:  As to the defendant Al-'Owhali?

       8            THE FOREPERSON:  Guilty, himself killed.

       9            THE CLERK:  Count 62, Joseph Kamau Kiongo, how do you

      10   find as to the defendant Odeh?

      11            THE FOREPERSON:  Guilty.

      12            THE CLERK:  As to the defendant Al-'Owhali?

      13            THE FOREPERSON:  Guilty, himself killed.

      14            THE CLERK:  Teresa Wairimu Kiongo, how do you find as

      15   to the defendant Odeh?

      16            THE FOREPERSON:  Guilty.

      17            THE CLERK:  As to the defendant Al-'Owhali?

      18            THE FOREPERSON:  Guilty, himself killed.

      19            THE CLERK:  Count 64, Arlene Bradley Kirk, as to the

      20   defendant Odeh?

      21            THE FOREPERSON:  Guilty.

      22            THE CLERK:  As to the defendant Al-'Owhali?

      23            THE FOREPERSON:  Guilty, himself killed.

      24            THE CLERK:  Count 65, David Ndura Koimburi, how do

      25   you find as to the defendant Odeh?

                                                                    6583

       1            THE FOREPERSON:  Guilty.

       2            THE CLERK:  As to the defendant Al-'Owhali?

       3            THE FOREPERSON:  Guilty, himself killed.

       4            THE CLERK:  Count 66, Naftali Mwangi Kuria, how do

       5   you find as to the defendant Odeh?

       6            THE FOREPERSON:  Guilty.

       7            THE CLERK:  As to defendant Al-'Owhali?

       8            THE FOREPERSON:  Guilty, himself killed.

       9            THE CLERK:  Count 67, Juliana Mbuli Kwali, how do you

      10   find as to the defendant Odeh?

      11            THE FOREPERSON:  Guilty.

      12            THE CLERK:  As to the defendant Al-'Owhali?

      13            THE FOREPERSON:  Guilty, himself killed.

      14            THE CLERK:  Count 69, Moses Muli -- I am sorry, 68,

      15   Peter Mbithi Kyalo, how do you find as to the defendant Odeh?

      16            THE FOREPERSON:  Guilty.

      17            THE CLERK:  As to the defendant Al-'Owhali?

      18            THE FOREPERSON:  Guilty, himself killed.

      19            THE CLERK:  Count 69, Moses Muli Kyule, how do you

      20   find as to the defendant Odeh?

      21            THE FOREPERSON:  Guilty.

      22            THE CLERK:  As to the defendant Al-'Owhali?

      23            THE FOREPERSON:  Guilty, himself killed.

      24            THE CLERK:  Count 70, Tirus Muraguri Macharia, how do

      25   you find as to the defendant Odeh?

                                                                    6584

       1            THE FOREPERSON:  Guilty.

       2            THE CLERK:  As to the defendant with Al-'Owhali?

       3            THE FOREPERSON:  Guilty, himself killed.

       4            THE CLERK:  Count 71, Dennis Evans Radcliffe Madegwa,

       5   how do you find as to the defendant Odeh?

       6            THE FOREPERSON:  Guilty.

       7            THE CLERK:  As to the defendant Al-'Owhali?

       8            THE FOREPERSON:  Guilty, himself killed.

       9            THE CLERK:  Count 72, Francis Watoro Maina, how do

      10   you find as to the defendant Odeh?

      11            THE FOREPERSON:  Guilty.

      12            THE CLERK:  As to the defendant Al-'Owhali?

      13            THE FOREPERSON:  Guilty, himself killed.

      14            THE CLERK:  Count 73, Linda Ndindi Jackson Maingi,

      15   how do you find as to the defendant Odeh?

      16            THE FOREPERSON:  Guilty.

      17            THE CLERK:  As to the defendant Al-'Owhali?

      18            THE FOREPERSON:  Guilty, himself killed.

      19            THE CLERK:  Count 74, Fred Yafes Maloba, how do you

      20   find as to the defendant Odeh?

      21            THE FOREPERSON:  Guilty.

      22            THE CLERK:  As to the defendant Al-'Owhali?

      23            THE FOREPERSON:  Guilty, himself killed.

      24            THE CLERK:  Count 75, Cecilia Mamboleo, as to the

      25   defendant Odeh?

                                                                    6585

       1            THE FOREPERSON:  Guilty.

       2            THE CLERK:  As to the defendant Al-'Owhali?

       3            THE FOREPERSON:  Guilty, himself killed.

       4            THE CLERK:  Count 76, Mary Louise Martin, how do you

       5   find as to the defendant Odeh?

       6            THE FOREPERSON:  Guilty.

       7            THE CLERK:  As to the defendant Al-'Owhali?

       8            THE FOREPERSON:  Guilty, himself killed.

       9            THE CLERK:  Count 77, James Otieno Masea, how do you

      10   find as to the defendant Odeh?

      11            THE FOREPERSON:  Guilty.

      12            THE CLERK:  As to the defendant Al-'Owhali?

      13            THE FOREPERSON:  Guilty, himself killed.

      14            THE CLERK:  Anne Nyambura Mathenge, how do you find

      15   as to the defendant Odeh?

      16            THE FOREPERSON:  Guilty.

      17            THE CLERK:  As to the defendant Al-'Owhali?

      18            THE FOREPERSON:  Guilty, himself killed.

      19            THE CLERK:  Count 79, James Migwe Mathenge, how do

      20   you find as to the defendant Odeh?

      21            THE FOREPERSON:  Guilty.

      22            THE CLERK:  As to the defendant Al-'Owhali?

      23            THE FOREPERSON:  Guilty, himself killed.

      24            THE CLERK:  Count 80, Pity Mwihaki Mathenge, how do

      25   you find as to the defendant Odeh?

                                                                    6586

       1            THE FOREPERSON:  Guilty.

       2            THE CLERK:  As to the defendant Al-'Owhali?

       3            THE FOREPERSON:  Guilty, himself killed.

       4            THE CLERK:  Count 81, Simon Peter Mgumo Matu, how do

       5   you find as to the defendant Odeh?

       6            THE FOREPERSON:  Guilty.

       7            THE CLERK:  As to the defendant Al-'Owhali?

       8            THE FOREPERSON:  Guilty, himself killed.

       9            THE CLERK:  Count 82, Daniel Mutinda Maundu, how do

      10   you find as to the defendant Odeh?

      11            THE FOREPERSON:  Guilty.

      12            THE CLERK:  As to the defendant Al-'Owhali?

      13            THE FOREPERSON:  Guilty, himself killed.

      14            THE CLERK:  Count 83, June Mary Maweu, as to the

      15   defendant Odeh?

      16            THE FOREPERSON:  Guilty.

      17            THE CLERK:  As to the defendant Al-'Owhali?

      18            THE FOREPERSON:  Guilty, himself killed.

      19            THE CLERK:  Count 84 Lydia Mukiri Mayaka, how do you

      20   find as to the defendant Odeh?

      21            THE FOREPERSON:  Guilty.

      22            THE CLERK:  As to the defendant Al-'Owhali?

      23            THE FOREPERSON:  Guilty, himself killed.

      24            THE CLERK:  Count 85, Allen Sabato Mbandu, as to the

      25   defendant Odeh?

                                                                    6587

       1            THE FOREPERSON:  Guilty.

       2            THE CLERK:  As to the defendant Al-'Owhali?

       3            THE FOREPERSON:  Guilty, himself killed.

       4            THE CLERK:  Count 86, Doreen N. Mbayaki, how do you

       5   find as to the defendant Odeh?

       6            THE FOREPERSON:  Guilty.

       7            THE CLERK:  As to the defendant Al-'Owhali?

       8            THE FOREPERSON:  Guilty, himself killed.

       9            THE CLERK:  Count 87, Pamela Mboya, how do you find

      10   as to the defendant Odeh?

      11            THE FOREPERSON:  Guilty.

      12            THE CLERK:  As to the defendant Al-'Owhali?

      13            THE FOREPERSON:  Guilty, himself killed.

      14            THE CLERK:  Count 88, Rachael Kebendi Mboya, how do

      15   you find as to the defendant Odeh?

      16            THE FOREPERSON:  Guilty.

      17            THE CLERK:  As to the defendant Al-'Owhali?

      18            THE FOREPERSON:  Guilty, himself killed.

      19            THE CLERK:  Count 89, Francis Ndungu Mbugua, how do

      20   you find as to the defendant Odeh?

      21            THE FOREPERSON:  Guilty.

      22            THE CLERK:  As to the defendant Al-'Owhali?

      23            THE FOREPERSON:  Guilty, himself killed.

      24            THE CLERK:  Count 90, Lucy Waruthi Mbunja, how do you

      25   find as to the defendant Odeh?

                                                                    6588

       1            THE FOREPERSON:  Guilty.

       2            THE CLERK:  As to the defendant Al-'Owhali?

       3            THE FOREPERSON:  Guilty, himself killed.

       4            THE CLERK:  Count 91, Stephen Waweru Mburu, how do

       5   you find as to the defendant Odeh?

       6            THE FOREPERSON:  Guilty.

       7            THE CLERK:  As to the defendant Al-'Owhali?

       8            THE FOREPERSON:  Guilty, himself killed.

       9            THE CLERK:  Count 92, Catherine Mukeithi Mibere, how

      10   do you find as to the defendant Odeh?

      11            THE FOREPERSON:  Guilty.

      12            THE CLERK:  As to the defendant Al-'Owhali?

      13            THE FOREPERSON:  Guilty, himself killed.

      14            THE CLERK:  Count 93, Elizabeth Anyango Mito, how do

      15   you find as to the defendant Odeh?

      16            THE FOREPERSON:  Guilty.

      17            THE CLERK:  As to the defendant Al-'Owhali?

      18            THE FOREPERSON:  Guilty, himself killed.

      19            THE CLERK:  Count 94, Ahmed Warku Mohammed, how do

      20   you find as to the defendant Odeh?

      21            THE FOREPERSON:  Guilty.

      22            THE CLERK:  As to the defendant Al-'Owhali?

      23            THE FOREPERSON:  Guilty, himself killed.

      24            THE CLERK:  Count 95, Edward Mokaya, how do you find

      25   as to the defendant Odeh?

                                                                    6589

       1            THE FOREPERSON:  Guilty.

       2            THE CLERK:  As to the defendant Al-'Owhali?

       3            THE FOREPERSON:  Guilty, himself killed.

       4            THE CLERK:  Count 96, Lucien Mugambi, how do you find

       5   as to the defendant Odeh?

       6            THE FOREPERSON:  Guilty.

       7            THE CLERK:  As to the defendant Al-'Owhali?

       8            THE FOREPERSON:  Guilty, himself killed.

       9            THE CLERK:  Count 97, Sharon Wangechi Mugo, how do

      10   you find as to the defendant Odeh?

      11            THE FOREPERSON:  Guilty.

      12            THE CLERK:  As to the defendant Al-'Owhali?

      13            THE FOREPERSON:  Guilty, himself killed.

      14            THE CLERK:  Count 98, Josephat Mutua Muia, as to the

      15   defendant Odeh?

      16            THE FOREPERSON:  Guilty.

      17            THE CLERK:  As to the defendant Al-'Owhali?

      18            THE FOREPERSON:  Guilty, himself killed.

      19            THE COURT:  Just to continue, with respect to 99,

      20   Emmanuel Mujyambere, Odeh?

      21            THE FOREPERSON:  Guilty.

      22            THE COURT:  Al-'Owhali?

      23            THE FOREPERSON:  Guilty, himself killed.

      24            THE COURT:  100, Samuel Vondo Mulalya, Odeh?

      25            THE FOREPERSON:  Guilty.

                                                                    6590

       1            THE COURT:  Al-'Owhali?

       2            THE FOREPERSON:  Guilty, himself killed.

       3            THE COURT:  Francis Mukenye Mulehi, Odeh?

       4            THE FOREPERSON:  Guilty.

       5            THE COURT:  Al-'Owhali?

       6            THE FOREPERSON:  Guilty, himself killed.

       7            THE COURT:  Edward Mwea Mungai, Odeh?

       8            THE FOREPERSON:  Guilty.

       9            THE COURT:  Al-'Owhali?

      10            THE FOREPERSON:  Guilty, himself killed.

      11            THE COURT:  John Amos Mungai, odeh?

      12            THE FOREPERSON:  Guilty.

      13            THE COURT:  Al-'Owhali?

      14            THE FOREPERSON:  Guilty, himself killed.

      15            THE COURT:  Domi Munzala, Odeh?

      16            THE FOREPERSON:  Guilty.

      17            THE COURT:  Al-'Owhali?

      18            THE FOREPERSON:  Guilty, himself killed.

      19            THE COURT:  Tommy Nkurume Munzala, Odeh?

      20            THE FOREPERSON:  Guilty.

      21            THE COURT:  Al-'Owhali?

      22            THE FOREPERSON:  Guilty, himself killed.

      23            THE COURT:  Caroline Mumbi Muraguri, Odeh?

      24            THE FOREPERSON:  Guilty.

      25            THE COURT:  Al-'Owhali?

                                                                    6591

       1            THE FOREPERSON:  Guilty, himself killed.

       2            THE COURT:  Fiddes Wambui Muritu, Odeh?

       3            THE FOREPERSON:  Guilty.

       4            THE COURT:  Al-'Owhali?

       5            THE FOREPERSON:  Guilty, himself killed.

       6            THE COURT:  Alice Waruguru Muriuki, Odeh?

       7            THE FOREPERSON:  Guilty.

       8            THE COURT:  Al-'Owhali?

       9            THE FOREPERSON:  Guilty, himself killed.

      10            THE COURT:  Mary Wanjiku Muriuki, Odeh?

      11            THE FOREPERSON:  Guilty.

      12            THE COURT:  Al-'Owhali?

      13            THE FOREPERSON:  Guilty, himself killed.

      14            THE COURT:  Robert Mwigwi Muriuki, Odeh?

      15            THE FOREPERSON:  Guilty.

      16            THE COURT:  Al-'Owhali?

      17            THE FOREPERSON:  Guilty, himself killed.

      18            THE COURT:  Dominic Kithuva Musyoka, Odeh?

      19            THE FOREPERSON:  Guilty.

      20            THE COURT:  Al-'Owhali?

      21            THE FOREPERSON:  Guilty, himself killed.

      22            THE COURT:  Ruth Mukami Musyoka, Odeh?

      23            THE FOREPERSON:  Guilty.

      24            THE COURT:  Al-'Owhali?

      25            THE FOREPERSON:  Guilty, himself killed.

                                                                    6592

       1            THE COURT:  Wilson Kipkorir Mutahi, Odeh?

       2            THE FOREPERSON:  Guilty.

       3            THE COURT:  Al-'Owhali?

       4            THE FOREPERSON:  Guilty, himself killed.

       5            THE COURT:  Florence Mwende Muthama, Odeh?

       6            THE FOREPERSON:  Guilty.

       7            THE COURT:  Al-'Owhali?

       8            THE FOREPERSON:  Guilty, himself killed.

       9            THE COURT:  Josephine Nzilani Mutinda, Odeh?

      10            THE FOREPERSON:  Guilty.

      11            THE COURT:  Al-'Owhali?

      12            THE FOREPERSON:  Guilty, himself killed.

      13            THE COURT:  Emmanuel Nyagah Mutira, Odeh?

      14            THE FOREPERSON:  Guilty.

      15            THE COURT:  Al-'Owhali?

      16            THE FOREPERSON:  Guilty, himself killed.

      17            THE COURT:  Catherine Ndome Mutua, Odeh?

      18            THE FOREPERSON:  Guilty.

      19            THE COURT:  Al-'Owhali?

      20            THE FOREPERSON:  Guilty, himself killed.

      21            THE COURT:  Patrick Kariuki Mutui, Odeh?

      22            THE FOREPERSON:  Guilty.

      23            THE COURT:  Al-'Owhali?

      24            THE FOREPERSON:  Guilty, himself killed.

      25            THE COURT:  Caroline Karumba Mutuiri, Odeh?

                                                                    6593

       1            THE FOREPERSON:  Guilty.

       2            THE COURT:  Al-'Owhali?

       3            THE FOREPERSON:  Guilty, himself killed.

       4            THE COURT:  Gloria Nkatha Mutuiri, Odeh?

       5            THE FOREPERSON:  Guilty.

       6            THE COURT:  Al-'Owhali?

       7            THE FOREPERSON:  Guilty, himself killed.

       8            THE COURT:  Gabriel Mwadime, Odeh?

       9            THE FOREPERSON:  Guilty.

      10            THE COURT:  Al-'Owhali?

      11            THE FOREPERSON:  Guilty, himself killed.

      12            THE COURT:  Harrison Njuguna Mwangi, Odeh?

      13            THE FOREPERSON:  Guilty.

      14            THE COURT:  Al-'Owhali?

      15            THE FOREPERSON:  Guilty, himself killed.

      16            THE COURT:  Toselyn Wanjiku Mwangi, Odeh?

      17            THE FOREPERSON:  Guilty.

      18            THE COURT:  Odeh?

      19            THE FOREPERSON:  Guilty.

      20            THE COURT:  Al-'Owhali?

      21            THE FOREPERSON:  Guilty, himself killed.

      22            THE COURT:  Samuel Githua Mwangi, Odeh?

      23            THE FOREPERSON:  Guilty.

      24            THE COURT:  Al-'Owhali?

      25            THE FOREPERSON:  Guilty, himself killed.

                                                                    6594

       1            THE COURT:  Moses Aston Mwani, Odeh?

       2            THE FOREPERSON:  Guilty.

       3            THE COURT:  Al-'Owhali?

       4            THE FOREPERSON:  Guilty, himself killed.

       5            THE COURT:  Anna Mwaniki?  Odeh?

       6            THE FOREPERSON:  Guilty.

       7            THE COURT:  Al-'Owhali?

       8            THE FOREPERSON:  Guilty, himself killed.

       9            THE COURT:  Isaac Mukera Mwaria, Odeh?

      10            THE FOREPERSON:  Guilty.

      11            THE COURT:  Al-'Owhali?

      12            THE FOREPERSON:  Guilty, himself killed.

      13            THE COURT:  Abdalla Musyoka Mwili Mwilu, Odeh?

      14            THE FOREPERSON:  Guilty.

      15            THE COURT:  Al-'Owhali?

      16            THE FOREPERSON:  Guilty, himself killed.

      17            THE COURT:  Elizabeth Nyarosto Makhale, Odeh?

      18            THE FOREPERSON:  Guilty.

      19            THE COURT:  Al-'Owhali?

      20            THE FOREPERSON:  Guilty, himself killed.

      21            THE COURT:  Geoffrey Moses Namai, Odeh?

      22            THE FOREPERSON:  Guilty.

      23            THE COURT:  Al-'Owhali?

      24            THE FOREPERSON:  Guilty, himself killed.

      25            THE COURT:  Moses Andika Namayi, Odeh?

                                                                    6595

       1            THE FOREPERSON:  Guilty.

       2            THE COURT:  Al-'Owhali?

       3            THE FOREPERSON:  Guilty, himself killed.

       4            THE COURT:  Mary Nyaguthi Ndirangu, Odeh?

       5            THE FOREPERSON:  Guilty.

       6            THE COURT:  Al-'Owhali?

       7            THE FOREPERSON:  Guilty, himself killed.

       8            THE COURT:  Simon Kinuthia Ndirangu?  Odeh?

       9            THE FOREPERSON:  Guilty.

      10            THE COURT:  Al-'Owhali?

      11            THE FOREPERSON:  Guilty, himself killed.

      12            THE COURT:  Carolyn Atieno Ndolo, Odeh?

      13            THE FOREPERSON:  Guilty.

      14            THE COURT:  Al-'Owhali?

      15            THE FOREPERSON:  Guilty, himself killed.

      16            THE COURT:  Martin Kivathe Nduati, Odeh?

      17            THE FOREPERSON:  Guilty.

      18            THE COURT:  Al-'Owhali?

      19            THE FOREPERSON:  Guilty, himself killed.

      20            THE COURT:  Julius Ndulu, Odeh?

      21            THE FOREPERSON:  Guilty.

      22            THE COURT:  Al-'Owhali?

      23            THE FOREPERSON:  Guilty, himself killed.

      24            THE COURT:  Edwin Paul Ndumbi, Odeh?

      25            THE FOREPERSON:  Guilty.

                                                                    6596

       1            THE COURT:  Al-'Owhali?

       2            THE FOREPERSON:  Guilty, himself killed.

       3            THE COURT:  Peter Njoroge Ndungu, Odeh?

       4            THE FOREPERSON:  Guilty.

       5            THE COURT:  Al-'Owhali?

       6            THE FOREPERSON:  Guilty, himself killed.

       7            THE COURT:  Ephraim Kingori Ndunu, Odeh?

       8            THE FOREPERSON:  Guilty.

       9            THE COURT:  Al-'Owhali?

      10            THE FOREPERSON:  Guilty, himself killed.

      11            THE COURT:  Joyce Njeri Ng'ang'a, Odeh?

      12            THE FOREPERSON:  Guilty.

      13            THE COURT:  Al-'Owhali?

      14            THE FOREPERSON:  Guilty, himself killed.

      15            THE COURT:  Loich Njeri Nganga, Odeh?

      16            THE FOREPERSON:  Guilty.

      17            THE COURT:  Al-'Owhali?

      18            THE FOREPERSON:  Guilty, himself killed.

      19            THE COURT:  John Mwangi Ngaragari, Odeh?

      20            THE FOREPERSON:  Guilty.

      21            THE COURT:  Al-'Owhali?

      22            THE FOREPERSON:  Guilty, himself killed.

      23            THE COURT:  Peter Kabau Macharia Ngugi, Odeh?

      24            THE FOREPERSON:  Guilty.

      25            THE COURT:  Al-'Owhali?

                                                                    6597

       1            THE FOREPERSON:  Guilty, himself killed.

       2            THE COURT:  Jacinta Njoki Njau, Odeh?

       3            THE FOREPERSON:  Guilty.

       4            THE COURT:  Al-'Owhali?

       5            THE FOREPERSON:  Guilty, himself killed.

       6            THE COURT:  Simon Mwangi Njiima, Odeh?

       7            THE FOREPERSON:  Guilty.

       8            THE COURT:  Al-'Owhali?

       9            THE FOREPERSON:  Guilty, himself killed.

      10            THE COURT:  Abel Mutegi Njiru, Odeh?

      11            THE FOREPERSON:  Guilty.

      12            THE COURT:  Al-'Owhali?

      13            THE FOREPERSON:  Guilty, himself killed.

      14            THE COURT:  Agatha Ann Njoki, Odeh?

      15            THE FOREPERSON:  Guilty.

      16            THE COURT:  Al-'Owhali?

      17            THE FOREPERSON:  Guilty, himself killed.

      18            THE COURT:  Catherine Wambara Njoroge, Odeh?

      19            THE FOREPERSON:  Guilty.

      20            THE COURT:  Al-'Owhali?

      21            THE FOREPERSON:  Guilty, himself killed.

      22            THE COURT:  Francis Ndungu Njoroge, Odeh?

      23            THE FOREPERSON:  Guilty.

      24            THE COURT:  Al-'Owhali?

      25            THE FOREPERSON:  Guilty, himself killed.

                                                                    6598

       1            THE COURT:  Grace Nyambura Njoroge, Odeh?

       2            THE FOREPERSON:  Guilty.

       3            THE COURT:  Al-'Owhali?

       4            THE FOREPERSON:  Guilty, himself killed.

       5            THE COURT:  William Waithaka Njoroge, Odeh?

       6            THE FOREPERSON:  Guilty.

       7            THE COURT:  Al-'Owhali?

       8            THE FOREPERSON:  Guilty, himself killed.

       9            THE COURT:  Francis Kibe Njuguna, Odeh?

      10            THE FOREPERSON:  Guilty.

      11            THE COURT:  Al-'Owhali?

      12            THE FOREPERSON:  Guilty, himself killed.

      13            THE COURT:  Godfrey Muchori Njuguna, Odeh?

      14            THE FOREPERSON:  Guilty.

      15            THE COURT:  Al-'Owhali?

      16            THE FOREPERSON:  Guilty, himself killed.

      17            THE COURT:  Patrick Mbiyu Njuguna, Odeh?

      18            THE FOREPERSON:  Guilty.

      19            THE COURT:  Al-'Owhali?

      20            THE FOREPERSON:  Guilty, himself killed.

      21            THE COURT:  Francis Mbogo Njuige, Odeh?

      22            THE FOREPERSON:  Guilty.

      23            THE COURT:  Al-'Owhali?

      24            THE FOREPERSON:  Guilty, himself killed.

      25            THE COURT:  Michael Oduor Nyademba, Odeh?

                                                                    6599

       1            THE FOREPERSON:  Guilty.

       2            THE COURT:  Al-'Owhali?

       3            THE FOREPERSON:  Guilty, himself killed.

       4            THE COURT:  Vincent Kamau Nyoike, Odeh?

       5            THE FOREPERSON:  Guilty.

       6            THE COURT:  Al-'Owhali?

       7            THE FOREPERSON:  Guilty, himself killed.

       8            THE COURT:  Janet Ndumi Ngioka, Odeh?

       9            THE FOREPERSON:  Guilty.

      10            THE COURT:  Al-'Owhali?

      11            THE FOREPERSON:  Guilty, himself killed.

      12            THE COURT:  Johnson Kimeu Nzioka, Odeh?

      13            THE FOREPERSON:  Guilty.

      14            THE COURT:  Al-'Owhali?

      15            THE FOREPERSON:  Guilty, himself killed.

      16            THE COURT:  Magdealine Mbithe Nzoka, Odeh?

      17            THE FOREPERSON:  Guilty.

      18            THE COURT:  Al-'Owhali?

      19            THE FOREPERSON:  Guilty, himself killed.

      20            THE COURT:  Joseph Ngove Nzwili, Odeh?

      21            THE FOREPERSON:  Guilty.

      22            THE COURT:  Al-'Owhali?

      23            THE FOREPERSON:  Guilty, himself killed.

      24            THE COURT:  Aineah Joshua Obonyo, Odeh?

      25            THE FOREPERSON:  Guilty.

                                                                    6600

       1            THE COURT:  Al-'Owhali?

       2            THE FOREPERSON:  Guilty, himself killed.

       3            THE COURT:  Fredrick Ezra Ochieng?  Odeh?

       4            THE FOREPERSON:  Guilty.

       5            THE COURT:  Al-'Owhali?

       6            THE FOREPERSON:  Guilty, himself killed.

       7            THE COURT:  Francis Olewe Ochito, Odeh?

       8            THE FOREPERSON:  Guilty.

       9            THE COURT:  Al-'Owhali?

      10            THE FOREPERSON:  Guilty, himself killed.

      11            THE COURT:  Lawrence Olum Ochola, Odeh?

      12            THE FOREPERSON:  Guilty.

      13            THE COURT:  Al-'Owhali?

      14            THE FOREPERSON:  Guilty, himself killed.

      15            THE COURT:  Ann Michelle O'Connor, Odeh?

      16            THE FOREPERSON:  Guilty.

      17            THE COURT:  Al-'Owhali?

      18            THE FOREPERSON:  Guilty, himself killed.

      19            THE COURT:  Duncan Odhiambo, Odeh?

      20            THE FOREPERSON:  Guilty.

      21            THE COURT:  Al-'Owhali?

      22            THE FOREPERSON:  Guilty, himself killed.

      23            THE COURT:  John Oduor Odhiambo, Odeh?

      24            THE FOREPERSON:  Guilty.

      25            THE COURT:  Al-'Owhali?

                                                                    6601

       1            THE FOREPERSON:  Guilty, himself killed.

       2            THE COURT:  Patricia Atieno Ogol, Odeh?

       3            THE FOREPERSON:  Guilty.

       4            THE COURT:  Al-'Owhali?

       5            THE FOREPERSON:  Guilty, himself killed.

       6            THE COURT:  Maurice Okatch Ogola, Odeh?

       7            THE FOREPERSON:  Guilty.

       8            THE COURT:  Al-'Owhali?

       9            THE FOREPERSON:  Guilty, himself killed.

      10            THE COURT:  Michael Ochieng Okeyo, Odeh?

      11            THE FOREPERSON:  Guilty.

      12            THE COURT:  Al-'Owhali?

      13            THE FOREPERSON:  Guilty, himself killed.

      14            THE COURT:  Simon Otieno Olang, Odeh?

      15            THE FOREPERSON:  Guilty.

      16            THE COURT:  Al-'Owhali?

      17            THE FOREPERSON:  Guilty, himself killed.

      18            THE COURT:  Dominic Otieno Olango, Odeh?

      19            THE FOREPERSON:  Guilty.

      20            THE COURT:  Al-'Owhali?

      21            THE FOREPERSON:  Guilty, himself killed.

      22            THE COURT:  Sherry Lynn Olds, Odeh?

      23            THE FOREPERSON:  Guilty.

      24            THE COURT:  Al-'Owhali?

      25            THE FOREPERSON:  Guilty, himself killed.

                                                                    6602

       1            THE COURT:  Lepeine Kitatian Olotono, Odeh?

       2            THE FOREPERSON:  Guilty.

       3            THE COURT:  Al-'Owhali?

       4            THE FOREPERSON:  Guilty, himself killed.

       5            THE COURT:  Hanson Nyabera Omar, Odeh?

       6            THE FOREPERSON:  Guilty.

       7            THE COURT:  Al-'Owhali?

       8            THE FOREPERSON:  Guilty, himself killed.

       9            THE COURT:  Margaret Atieno Ombunya, Odeh?

      10            THE FOREPERSON:  Guilty.

      11            THE COURT:  Al-'Owhali?

      12            THE FOREPERSON:  Guilty, himself killed.

      13            THE COURT:  Edwin Opiyo Omori, Odeh?

      14            THE FOREPERSON:  Guilty.

      15            THE COURT:  Al-'Owhali?

      16            THE FOREPERSON:  Guilty, himself killed.

      17            THE COURT:  Enoch Omweno, Odeh?

      18            THE FOREPERSON:  Guilty.

      19            THE COURT:  Al-'Owhali?

      20            THE FOREPERSON:  Guilty, himself killed.

      21            THE COURT:  Lucy Grace Onono, Odeh?

      22            THE FOREPERSON:  Guilty.

      23            THE COURT:  Al-'Owhali?

      24            THE FOREPERSON:  Guilty, himself killed.

      25            THE COURT:  Evans Kibiro Onsongo, Odeh?

                                                                    6603

       1            THE FOREPERSON:  Guilty.

       2            THE COURT:  Al-'Owhali?

       3            THE FOREPERSON:  Guilty, himself killed.

       4            THE COURT:  Eric Abuor Onyango, Odeh?

       5            THE FOREPERSON:  Guilty.

       6            THE COURT:  Al-'Owhali?

       7            THE FOREPERSON:  Guilty, himself killed.

       8            THE COURT:  Jag Ouko Onyango, Odeh?

       9            THE FOREPERSON:  Guilty.

      10            THE COURT:  Al-'Owhali?

      11            THE FOREPERSON:  Guilty, himself killed.

      12            THE COURT:  Caroline Sella Opati, Odeh?

      13            THE FOREPERSON:  Guilty.

      14            THE COURT:  Al-'Owhali?

      15            THE FOREPERSON:  Guilty, himself killed.

      16            THE COURT:  Sylvia Oriedo, Odeh?

      17            THE FOREPERSON:  Guilty.

      18            THE COURT:  Al-'Owhali?

      19            THE FOREPERSON:  Guilty, himself killed.

      20            THE COURT:  Godfrey Okuro Orono, Odeh?

      21            THE FOREPERSON:  Guilty.

      22            THE COURT:  Al-'Owhali?

      23            THE FOREPERSON:  Guilty, himself killed.

      24            THE COURT:  Elizabeth Achieng Orwa?

      25            THE FOREPERSON:  Odeh?

                                                                    6604

       1            THE FOREPERSON:  Guilty.

       2            THE COURT:  Al-'Owhali?

       3            THE FOREPERSON:  Guilty, himself killed.

       4            THE COURT:  Joseph Ondari Osamba, Odeh?

       5            THE FOREPERSON:  Guilty.

       6            THE COURT:  Al-'Owhali?

       7            THE FOREPERSON:  Guilty, himself killed.

       8            THE COURT:  Elias Otieno Osir, Odeh?

       9            THE FOREPERSON:  Guilty.

      10            THE COURT:  Al-'Owhali?

      11            THE FOREPERSON:  Guilty, himself killed.

      12            THE COURT:  Julius Ochieng Otieno, Odeh?

      13            THE FOREPERSON:  Guilty.

      14            THE COURT:  Al-'Owhali?

      15            THE FOREPERSON:  Guilty, himself killed.

      16            THE COURT:  Mathews Walunya Otieno, Odeh?

      17            THE FOREPERSON:  Guilty.

      18            THE COURT:  Al-'Owhali?

      19            THE FOREPERSON:  Guilty, himself killed.

      20            THE COURT:  Rogers Otolo, Odeh?

      21            THE FOREPERSON:  Guilty.

      22            THE COURT:  Al-'Owhali?

      23            THE FOREPERSON:  Guilty, himself killed.

      24            THE COURT:  Elijah Ngito Owino, Odeh?

      25            THE FOREPERSON:  Guilty.

                                                                    6605

       1            THE COURT:  Al-'Owhali?

       2            THE FOREPERSON:  Guilty, himself killed.

       3            THE COURT:  Josiah Odero Owuor, Odeh?

       4            THE FOREPERSON:  Guilty.

       5            THE COURT:  Al-'Owhali?

       6            THE FOREPERSON:  Guilty, himself killed.

       7            THE COURT:  Rachel Magasia Pussy, Odeh?

       8            THE FOREPERSON:  Guilty.

       9            THE COURT:  Al-'Owhali?

      10            THE FOREPERSON:  Guilty, himself killed.

      11            THE COURT:  Margaret Okello Rading, Odeh?

      12            THE FOREPERSON:  Guilty.

      13            THE COURT:  Al-'Owhali?

      14            THE FOREPERSON:  Guilty, himself killed.

      15            THE COURT:  Peter Evans Mugo Rungu, Odeh?

      16            THE FOREPERSON:  Guilty.

      17            THE COURT:  Al-'Owhali?

      18            THE FOREPERSON:  Guilty, himself killed.

      19            THE COURT:  Ruth Mukami Rungu, Odeh?

      20            THE FOREPERSON:  Guilty.

      21            THE COURT:  Al-'Owhali?

      22            THE FOREPERSON:  Guilty, himself killed.

      23            THE COURT:  Timothy Odhiambo Sande, Odeh?

      24            THE FOREPERSON:  Guilty.

      25            THE COURT:  Al-'Owhali?

                                                                    6606

       1            THE FOREPERSON:  Guilty, himself killed.

       2            THE COURT:  Uttamlal Thomas Shah, Odeh?

       3            THE COURT:  Guilty.

       4            THE COURT:  Al-'Owhali?

       5            THE FOREPERSON:  Guilty, himself killed.

       6            THE COURT:  Fahat Sheikh, Odeh?

       7            THE FOREPERSON:  Guilty.

       8            THE COURT:  Al-'Owhali?

       9            THE FOREPERSON:  Guilty, himself killed.

      10            THE COURT:  Hassan Jarso Soka, Odeh?

      11            THE FOREPERSON:  Guilty.

      12            THE COURT:  Al-'Owhali?

      13            THE FOREPERSON:  Guilty, himself killed.

      14            THE COURT:  Shadrack Hyagah Thitu, Odeh?

      15            THE FOREPERSON:  Guilty.

      16            THE COURT:  Al-'Owhali?

      17            THE FOREPERSON:  Guilty, himself killed.

      18            THE COURT:  Samuel Mbugua Thuo, Odeh?

      19            THE FOREPERSON:  Guilty.

      20            THE COURT:  Al-'Owhali?

      21            THE FOREPERSON:  Guilty, himself killed.

      22            THE COURT:  Phaedra Vrontamis, Odeh?

      23            THE FOREPERSON:  Guilty.

      24            THE COURT:  Al-'Owhali?

      25            THE FOREPERSON:  Guilty, himself killed.

                                                                    6607

       1            THE COURT:  Gloria Wangechi Wachira, Odeh?

       2            THE FOREPERSON:  Guilty.

       3            THE COURT:  Al-'Owhali?

       4            THE FOREPERSON:  Guilty, himself killed.

       5            THE COURT:  Shadrack Mwangi Wagaiyu, Odeh?

       6            THE FOREPERSON:  Guilty.

       7            THE COURT:  Al-'Owhali?

       8            THE FOREPERSON:  Guilty, himself killed.

       9            THE COURT:  James Mwangi Wainaina, Odeh?

      10            THE FOREPERSON:  Guilty.

      11            THE COURT:  Al-'Owhali?

      12            THE FOREPERSON:  Guilty, himself killed.

      13            THE COURT:  Adams Titus Wamai, Odeh?

      14            THE FOREPERSON:  Guilty.

      15            THE COURT:  Al-'Owhali?

      16            THE FOREPERSON:  Guilty, himself killed.

      17            THE COURT:  Anne Mumbi Wamgubu, Odeh?

      18            THE FOREPERSON:  Guilty.

      19            THE COURT:  Al-'Owhali?

      20            THE FOREPERSON:  Guilty, himself killed.

      21            THE COURT:  John Gitau Wamutwe, Odeh?

      22            THE FOREPERSON:  Guilty.

      23            THE COURT:  Al-'Owhali?

      24            THE FOREPERSON:  Guilty, himself killed.

      25            THE COURT:  David Soita Wanabacha, Odeh?

                                                                    6608

       1            THE FOREPERSON:  Guilty.

       2            THE COURT:  Al-'Owhali?

       3            THE FOREPERSON:  Guilty, himself killed.

       4            THE COURT:  Margaret Wambui Wangethi, Odeh?

       5            THE FOREPERSON:  Guilty.

       6            THE COURT:  Al-'Owhali?

       7            THE FOREPERSON:  Guilty, himself killed.

       8            THE COURT:  Wladys Wangui, Odeh?

       9            THE FOREPERSON:  Guilty.

      10            THE COURT:  Al-'Owhali?

      11            THE FOREPERSON:  Guilty, himself killed.

      12            THE COURT:  Mercy Wanjiku, Odeh?

      13            THE FOREPERSON:  Guilty.

      14            THE COURT:  Al-'Owhali?

      15            THE FOREPERSON:  Guilty, himself killed.

      16            THE COURT:  John Mwangi Wanyoike, Odeh?

      17            THE FOREPERSON:  Guilty.

      18            THE COURT:  Al-'Owhali?

      19            THE FOREPERSON:  Guilty, himself killed.

      20            THE COURT:  Margaret Wasike, Odeh?

      21            THE FOREPERSON:  Guilty.

      22            THE COURT:  Al-'Owhali?

      23            THE FOREPERSON:  Guilty, himself killed.

      24            THE COURT:  Sabina Wateri, Odeh?

      25            THE FOREPERSON:  Guilty.

                                                                    6609

       1            THE COURT:  Al-'Owhali?

       2            THE FOREPERSON:  Guilty, himself killed.

       3            THE COURT:  Benson Wathigo, Odeh?

       4            THE FOREPERSON:  Guilty.

       5            THE COURT:  Al-'Owhali?

       6            THE FOREPERSON:  Guilty, himself killed.

       7            THE COURT:  Margaret Njeri Waweru, Odeh?

       8            THE FOREPERSON:  Guilty.

       9            THE COURT:  Al-'Owhali?

      10            THE FOREPERSON:  Guilty, himself killed.

      11            THE COURT:  Ann Mumo Zakayo, Odeh?

      12            THE FOREPERSON:  Guilty.

      13            THE COURT:  Al-'Owhali?

      14            THE FOREPERSON:  Guilty, himself killed.

      15            THE COURT:  That brings us to Count 221, and we are

      16   now up to Count 222, Mr. Kenneally.

      17            THE CLERK:  Count 222, Abdurahman Abdulla, how do you

      18   find as to the defendant K.K. Mohamed?

      19            THE FOREPERSON:  Guilty, himself killed.

      20            THE CLERK:  Count 223, Elias Elisha, as to K.K.

      21   Mohamed?

      22            THE FOREPERSON:  Guilty, himself killed.

      23            THE CLERK:  Count 224, Hassan Siyad Halane, as to

      24   K.K. Mohamed?

      25            THE FOREPERSON:  Guilty, himself killed.

                                                                    6610

       1            THE CLERK:  Count 225, Ramadhani Mahundi, how do you

       2   find as to K.K. Mohamed?

       3            THE FOREPERSON:  Guilty, himself killed.

       4            THE CLERK:  Count 226, Abdallah Mohamed, how do you

       5   find as to K.K. Mohamed?

       6            THE FOREPERSON:  Guilty, himself killed.

       7            THE CLERK:  Count 227, Abas William Mwila, as to K.K.

       8   Mohamed?

       9            THE FOREPERSON:  Guilty, himself killed.

      10            THE CLERK:  Count 228, Shamte Yusuph Ndange, as to

      11   K.K. Mohamed?

      12            THE FOREPERSON:  Guilty, himself killed.

      13            THE CLERK:  229, Omari Yusufu Nyumbu, as to K.K.

      14   Mohamed?

      15            THE FOREPERSON:  Guilty, himself killed.

      16            THE CLERK:  Count 230, Mtendeje Rajabu, as to K.K.

      17   Mohamed?

      18            THE FOREPERSON:  Guilty, himself killed.

      19            THE CLERK:  Count 231, Said Rogathi, as to K.K.

      20   Mohamed?

      21            THE FOREPERSON:  Guilty, himself killed.

      22            THE CLERK:  Count 232, Dotto Selemani, as to K.K.

      23   Mohamed?

      24            THE FOREPERSON:  Guilty, himself killed.

      25            THE CLERK:  Count 233, Jesse Nathaniel Aliganga, as

                                                                    6611

       1   to defendant Odeh?

       2            THE FOREPERSON:  Guilty.

       3            THE CLERK:  As to defendant Al-'Owhali?

       4            THE FOREPERSON:  Guilty, himself killed.

       5            THE CLERK:  Count 234, Julian Leotis Bartley, Jr.,

       6   how do you find as to the defendant Odeh?

       7            THE FOREPERSON:  Guilty.

       8            THE CLERK:  As to the defendant Al-'Owhali?

       9            THE FOREPERSON:  Guilty, himself killed.

      10            THE CLERK:  Count 235, Julian Leotis Bartley, Sr.,

      11   how do you find as to the defendant Odeh?

      12            THE FOREPERSON:  Guilty.

      13            THE CLERK:  As to the defendant Al-'Owhali?

      14            THE FOREPERSON:  Guilty, himself killed.

      15            THE CLERK:  Count 236, Chrispine Bonyo, as to the

      16   defendant Odeh?

      17            THE FOREPERSON:  Guilty.

      18            THE CLERK:  As to the defendant Al-'Owhali?

      19            THE FOREPERSON:  Guilty, himself killed.

      20            THE CLERK:  Count 237, Jean Rose Dalizu, how do you

      21   find as to the defendant Odeh?

      22            THE FOREPERSON:  Guilty.

      23            THE CLERK:  As to the defendant Al-'Owhali?

      24            THE FOREPERSON:  Guilty, himself killed.

      25            THE CLERK:  Lawrence Ambrose Gitau, how do you find

                                                                    6612

       1   as to the defendant with Odeh?

       2            THE FOREPERSON:  Guilty.

       3            THE CLERK:  As to the defendant Al-'Owhali?

       4            THE FOREPERSON:  Guilty, himself killed.

       5            THE CLERK:  Count 239, Molly H. Hardy, how do you

       6   find as to the defendant Odeh?

       7            THE FOREPERSON:  Guilty.

       8            THE CLERK:  As to the defendant Al-'Owhali?

       9            THE FOREPERSON:  Guilty, himself killed.

      10            THE CLERK:  Count 240, Kenneth Ray Hobson, how do you

      11   find as to the defendant Odeh?

      12            THE FOREPERSON:  Guilty.

      13            THE CLERK:  As to the defendant Al-'Owhali?

      14            THE FOREPERSON:  Guilty, himself killed.

      15            THE CLERK:  Count 241, Hindu Omar Iddi, how do you

      16   find as to the defendant Odeh?

      17            THE FOREPERSON:  Guilty.

      18            THE CLERK:  As to the defendant Al-'Owhali?

      19            THE FOREPERSON:  Guilty, himself killed.

      20            THE CLERK:  Count 242, Tony Kihato Irungu, how do you

      21   find as to the defendant Odeh?

      22            THE FOREPERSON:  Guilty.

      23            THE CLERK:  As to the defendant Al-'Owhali?

      24            THE FOREPERSON:  Guilty, himself killed.

      25            THE CLERK:  Count 243, Geoffrey Mulu Kalio, how do

                                                                    6613

       1   you find as to the defendant Odeh?

       2            THE FOREPERSON:  Guilty.

       3            THE CLERK:  As to the defendant Al-'Owhali?

       4            THE FOREPERSON:  Guilty, himself killed.

       5            THE CLERK:  Count 244, Joel Gitumbo Kamau, how do you

       6   find as to the defendant Odeh?

       7            THE FOREPERSON:  Guilty.

       8            THE CLERK:  As to the defendant Al-'Owhali?

       9            THE FOREPERSON:  Guilty, himself killed.

      10            THE CLERK:  Count 245, Lucy Nyamira Karigi, as to the

      11   defendant Odeh?

      12            THE FOREPERSON:  Guilty.

      13            THE CLERK:  As to the defendant Al-'Owhali?

      14            THE FOREPERSON:  Guilty, himself killed.

      15            THE CLERK:  Count 246, Prabhi Gutpara Kavaler, as to

      16   defendant Odeh?

      17            THE FOREPERSON:  Guilty.

      18            THE CLERK:  As to the defendant Al-'Owhali?

      19            THE FOREPERSON:  Guilty, himself killed.

      20            THE CLERK:  Count 247, Joseph Kamau Kiongo, as to the

      21   defendant Odeh?

      22            THE FOREPERSON:  Guilty.

      23            THE CLERK:  As to the defendant Al-'Owhali?

      24            THE FOREPERSON:  Guilty, himself killed.

      25            THE CLERK:  Count 248 Arlene Bradley Kirk, how do you

                                                                    6614

       1   find as to the defendant Odeh?

       2            THE FOREPERSON:  Guilty.

       3            THE CLERK:  As to the defendant Al-'Owhali?

       4            THE FOREPERSON:  Guilty, himself killed.

       5            THE CLERK:  Count 249, Peter Kabau Macharia, how do

       6   you find as to the defendant Odeh?

       7            THE FOREPERSON:  Guilty.

       8            THE CLERK:  As to the defendant Al-'Owhali?

       9            THE FOREPERSON:  Guilty, himself killed.

      10            THE CLERK:  Count 250, Francis Watoro Maina, as to

      11   the defendant Odeh?

      12            THE FOREPERSON:  Guilty.

      13            THE CLERK:  As to the defendant Al-'Owhali?

      14            THE FOREPERSON:  Guilty, himself killed.

      15            THE CLERK:  Count 251, Fred Yafes Maloba, as to

      16   defendant Odeh?

      17            THE FOREPERSON:  Guilty.

      18            THE CLERK:  As to the defendant Al-'Owhali?

      19            THE FOREPERSON:  Guilty, himself killed.

      20            THE CLERK:  Count 252, Cecilia Mamboleo, as to the

      21   defendant Odeh?

      22            THE FOREPERSON:  Guilty.

      23            THE CLERK:  As to the defendant Al-'Owhali?

      24            THE FOREPERSON:  Guilty, himself killed.

      25            THE CLERK:  Count 253, Mary Louise Martin, how do you

                                                                    6615

       1   find as to the defendant Odeh?

       2            THE FOREPERSON:  Guilty.

       3            THE CLERK:  How do you find as to the defendant

       4   Al-'Owhali?

       5            THE FOREPERSON:  Guilty, himself killed.

       6            THE CLERK:  Count 254, Lydia Mukiri Mayaka, how do

       7   you find as to the defendant Odeh?

       8            THE FOREPERSON:  Guilty.

       9            THE CLERK:  As to the defendant Al-'Owhali?

      10            THE FOREPERSON:  Guilty, himself killed.

      11            THE CLERK:  Count 255, Francis Ndungu Mbugua, as to

      12   the defendant Odeh?

      13            THE FOREPERSON:  Guilty.

      14            THE CLERK:  As to the defendant Al-'Owhali?

      15            THE FOREPERSON:  Guilty, himself killed.

      16            THE CLERK:  Count 256, Dominic Kithuva Musyoka, how

      17   do you find as to the defendant Odeh?

      18            THE FOREPERSON:  Guilty.

      19            THE CLERK:  As to the defendant Al-'Owhali?

      20            THE FOREPERSON:  Guilty, himself killed.

      21            THE CLERK:  Count 257, Francis Kibe Njuguna, as to

      22   the defendant Odeh?

      23            THE FOREPERSON:  Guilty.

      24            THE CLERK:  As to the defendant Al-'Owhali?

      25            THE FOREPERSON:  Guilty, himself killed.

                                                                    6616

       1            THE CLERK:  Count 258, Francis Mbogo Njuige, as to

       2   the defendant Odeh?

       3            THE FOREPERSON:  Guilty.

       4            THE CLERK:  As to the defendant Al-'Owhali?

       5            THE FOREPERSON:  Guilty, himself killed.

       6            THE CLERK:  Count 259, Vincent Kamau Nyoike, as to

       7   the defendant Odeh?

       8            THE FOREPERSON:  Guilty.

       9            THE CLERK:  As to the defendant Al-'Owhali?

      10            THE FOREPERSON:  Guilty, himself killed.

      11            THE CLERK:  Count 260, Francis Olewe Ochito, as to

      12   the defendant Odeh?

      13            THE FOREPERSON:  Guilty.

      14            THE CLERK:  As to the defendant Al-'Owhali?

      15            THE FOREPERSON:  Guilty, himself killed.

      16            THE CLERK:  Count 261, Ann Michelle O'Connor, as to

      17   the defendant Odeh?

      18            THE FOREPERSON:  Guilty.

      19            THE CLERK:  As to the defendant Al-'Owhali?

      20            THE FOREPERSON:  Guilty, himself killed.

      21            THE CLERK:  Count 262, Maurice Okatch Ogola, how do

      22   you find as to the defendant Odeh?

      23            THE FOREPERSON:  Guilty.

      24            THE CLERK:  As to the defendant Al-'Owhali?

      25            THE FOREPERSON:  Guilty, himself killed.

                                                                    6617

       1            THE CLERK:  Count 263 Sherry Lynn Olds, how do you

       2   find as to the defendant Odeh?

       3            THE FOREPERSON:  Guilty.

       4            THE CLERK:  As to the defendant Al-'Owhali?

       5            THE FOREPERSON:  Guilty, himself killed.

       6            THE CLERK:  Count 264, Edwin Opiyo Omori, how do you

       7   find as to the defendant Odeh?

       8            THE FOREPERSON:  Guilty.

       9            THE CLERK:  As to the defendant Al-'Owhali?

      10            THE FOREPERSON:  Guilty, himself killed.

      11            THE CLERK:  Count 265, Lucy Grace Onono, how do you

      12   find as to the defendant Odeh?

      13            THE FOREPERSON:  Guilty.

      14            THE CLERK:  As to the defendant Al-'Owhali?

      15            THE FOREPERSON:  Guilty, himself killed.

      16            THE CLERK:  Count 266, Evans Kibiro Onsongo, how do

      17   you find as to the defendant Odeh?

      18            THE FOREPERSON:  Guilty.

      19            THE CLERK:  As to the defendant Al-'Owhali?

      20            THE FOREPERSON:  Guilty, himself killed.

      21            THE CLERK:  Count 267, Eric Abuor Onyango, how do you

      22   find as to the defendant Odeh?

      23            THE FOREPERSON:  Guilty.

      24            THE CLERK:  As to the defendant Al-'Owhali?

      25            THE FOREPERSON:  Guilty, himself killed.

                                                                    6618

       1            THE CLERK:  Count 268, Caroline Sella Opati, how do

       2   you find as to the defendant Odeh?

       3            THE FOREPERSON:  Guilty.

       4            THE CLERK:  As to the defendant Al-'Owhali?

       5            THE FOREPERSON:  Guilty, himself killed.

       6            THE CLERK:  Count 269 Rachel Magasia Pussy, how do

       7   you find as to the defendant Odeh?

       8            THE FOREPERSON:  Guilty.

       9            THE CLERK:  As to the defendant Al-'Owhali?

      10            THE FOREPERSON:  Guilty, himself killed.

      11            THE CLERK:  Count 270, Uttamlal Thomas Shah, how do

      12   you find as to the defendant Odeh?

      13            THE FOREPERSON:  Guilty.

      14            THE CLERK:  As to the defendant Al-'Owhali?

      15            THE FOREPERSON:  Guilty, himself killed.

      16            THE CLERK:  Count 271, Pahat Sheikh, how do you find

      17   as to the defendant Odeh?

      18            THE FOREPERSON:  Guilty.

      19            THE CLERK:  As to the defendant Al-'Owhali?

      20            THE FOREPERSON:  Guilty, himself killed.

      21            THE CLERK:  Count 272, Phaedra Vrontamis, how do you

      22   find as to the defendant Odeh?

      23            THE FOREPERSON:  Guilty.

      24            THE CLERK:  As to the defendant Al-'Owhali?

      25            THE FOREPERSON:  Guilty, himself killed.

                                                                    6619

       1            THE CLERK:  Count 273, Adams Titus Wamai, how do you

       2   find as to the defendant Odeh?

       3            THE FOREPERSON:  Guilty.

       4            THE CLERK:  As to the defendant Al-'Owhali?

       5            THE FOREPERSON:  Guilty, himself killed.

       6            THE CLERK:  Count 274, how do you find as to the

       7   defendant Odeh?

       8            THE FOREPERSON:  Guilty.

       9            THE CLERK:  As to the defendant Al-'Owhali?

      10            THE FOREPERSON:  Guilty.

      11            THE CLERK:  And your answer below is?

      12            THE FOREPERSON:  Himself committed the offense in

      13   Count 274.

      14            THE CLERK:  Count 275, Shamte Yusuph Ndange, how do

      15   you find as to the defendant K.K. Mohamed?

      16            THE FOREPERSON:  Guilty, himself killed.

      17            THE CLERK:  Count 276, Said Rogathi, as to K.K.

      18   Mohamed?

      19            THE FOREPERSON:  Guilty, himself killed.

      20            THE CLERK:  Count 277, how do you find as to the

      21   defendant Khalfan Khamis Mohamed?

      22            THE FOREPERSON:  Guilty.

      23            THE CLERK:  Part B, your answer is?

      24            THE FOREPERSON:  Himself committed the offense in

      25   Count 277.

                                                                    6620

       1            THE CLERK:  Count 278?  Julian Leotis Bartley, Sr.,

       2   how do you find as to the defendant Odeh?

       3            THE FOREPERSON:  Guilty.

       4            THE CLERK:  As to the defendant Al-'Owhali?

       5            THE FOREPERSON:  Guilty, himself killed.

       6            THE CLERK:  Count 279, Prabhi Gutpara Kavaler, as to

       7   the defendant Odeh?

       8            THE FOREPERSON:  Guilty.

       9            THE CLERK:  As to the defendant Al-'Owhali?

      10            THE FOREPERSON:  Guilty, himself killed.

      11            THE CLERK:  Count 280, how do you find as to the

      12   defendant Odeh?

      13            THE FOREPERSON:  Guilty.

      14            THE CLERK:  As to the defendant Al-'Owhali?

      15            THE FOREPERSON:  Guilty.

      16            THE CLERK:  And below?

      17            THE FOREPERSON:  The answer is himself committed the

      18   offense in Count 280.

      19            THE CLERK:  Count 281, how do you find as to

      20   defendant Khalfan Khamis Mohamed?

      21            THE FOREPERSON:  Guilty.

      22            THE CLERK:  Below?

      23            THE FOREPERSON:  Himself committed the offense in

      24   Count 281.

      25            THE CLERK:  Count 282, how do you find as to the

                                                                    6621

       1   defendant Odeh?

       2            THE FOREPERSON:  Guilty.

       3            THE CLERK:  How do you find as to the defendant

       4   Al-'Owhali?

       5            THE FOREPERSON:  Guilty.

       6            THE CLERK:  How do you find as to defendant Khalfan

       7   Khamis Mohamed?

       8            THE FOREPERSON:  Guilty.

       9            THE CLERK:  Going to B?

      10            THE FOREPERSON:  B, himself used or carried an

      11   explosive during the commission of Count 1.

      12            THE CLERK:  And to C?

      13            THE FOREPERSON:  Himself used or carried an explosive

      14   during the commission of Count 1.

      15            THE CLERK:  Count 283?

      16            THE FOREPERSON:  How do you find as to the defendant

      17   Odeh?

      18            THE FOREPERSON:  Guilty.

      19            THE CLERK:  How do you find as to the defendant

      20   Al-'Owhali?

      21            THE FOREPERSON:  Guilty.

      22            THE CLERK:  Question B?

      23            THE FOREPERSON:  Himself used or carried an explosive

      24   device during and in relation to the commission of Count 5.

      25            THE CLERK:  Count 284, how do you find as to the

                                                                    6622

       1   defendant Khalfan Khamis Mohamed?

       2            THE FOREPERSON:  Guilty.

       3            THE CLERK:  Question B of Count 284?

       4            THE FOREPERSON:  Himself used or carried an explosive

       5   device during and in relation to the commission of Count 6.

       6            THE CLERK:  Count 285, how do you find as to the

       7   defendant El Hage?

       8            THE FOREPERSON:  Guilty.

       9            THE CLERK:  And below?

      10            THE FOREPERSON:  Below, letters A, B, C, D, E, F and

      11   G.

      12            THE CLERK:  Count 286, how do you find as to Wadih El

      13   Hage?

      14            THE FOREPERSON:  Guilty.

      15            THE CLERK:  And below?

      16            THE FOREPERSON:  Letters A, B and D.

      17            THE COURT:  A, B and D?

      18            THE FOREPERSON:  D.

      19            THE COURT:  Not C?

      20            THE FOREPERSON:  Not C.

      21            THE CLERK:  Count 287, how do you find as to the

      22   defendant Wadih El Hage?

      23            THE FOREPERSON:  Guilty.

      24            THE CLERK:  And the following letters?

      25            THE FOREPERSON:  Letter C.

                                                                    6623

       1            THE COURT:  B?

       2            THE FOREPERSON:  C.

       3            THE COURT:  C only?

       4            THE FOREPERSON:  C only.

       5            THE CLERK:  Count 288, how do you find as to the

       6   defendant Wadih El Hage?

       7            THE FOREPERSON:  Guilty.

       8            THE CLERK:  And below, letters?

       9            THE FOREPERSON:  A and B.

      10            THE CLERK:  Count 289, how do you find as to the

      11   defendant Wadih El Hage?

      12            THE FOREPERSON:  Guilty.  Letters A, B, C and D.

      13            THE CLERK:  Count 290, how do you find as to the

      14   defendant Wadih El Hage?

      15            THE FOREPERSON:  Guilty.

      16            THE CLERK:  And the letters?

      17            THE FOREPERSON:  And the letters A, B, C, D and E.

      18            THE CLERK:  Count 291, how do you find as to the

      19   defendant El Hage?

      20            THE FOREPERSON:  Guilty.

      21            THE CLERK:  And the letters?

      22            THE FOREPERSON:  Letters A, B, C, D, E and F.

      23            THE CLERK:  C, D, E and F?

      24            THE FOREPERSON:  All of them.

      25            THE CLERK:  Count 292, how do you find as to

                                                                    6624

       1   defendant Wadih El Hage?

       2            THE FOREPERSON:  Guilty.

       3            THE CLERK:  Below --

       4            THE FOREPERSON:  Letters A, B, C and D.

       5            THE CLERK:  Count 293, how do you find as to the

       6   defendant Wadih El Hage?

       7            THE FOREPERSON:  Guilty, letters A, B, C, D and E.

       8            THE CLERK:  Count 294, how do you find as to the

       9   defendant El Hage?

      10            THE FOREPERSON:  Guilty, letters A, B and C.

      11            THE CLERK:  Count 295, how do you find as to the

      12   defendant El Hage?

      13            THE FOREPERSON:  Guilty, letters A, B, C, D, E and F.

      14            THE CLERK:  Count 296, how do you find as to the

      15   defendant Wadih El Hage?

      16            THE FOREPERSON:  Guilty, letters A, B, C, D, E and F.

      17            THE CLERK:  Count 297, how do you find as to the

      18   defendant Wadih El Hage?

      19            THE FOREPERSON:  Guilty, and the letters A, B, C, D,

      20   E, F, and G.

      21            THE CLERK:  Count 298, how do you find as to the

      22   defendant Wadih El Hage?

      23            THE FOREPERSON:  Guilty, the letters A, B, C, D, E

      24   and F.

      25            THE CLERK:  Count 299, how do you find as to the

                                                                    6625

       1   defendant Wadih El Hage?

       2            THE FOREPERSON:  Guilty, and the letters A, B, C, D,

       3   E, F, G, I, J, K, L, M, N.

       4            THE COURT:  All except H?

       5            THE FOREPERSON:  All except H.

       6            THE CLERK:  Count 300, how do you find as to the

       7   defendant Wadih El Hage?

       8            THE FOREPERSON:  Guilty.

       9            THE CLERK:  Count 301, how do you find as to the

      10   defendant Wadih El Hage?

      11            THE FOREPERSON:  Guilty, and the letters A, B, C, D,

      12   E, F and G.

      13            THE CLERK:  Count 302, how do you find as to the

      14   defendant Wadih El Hage?

      15            THE FOREPERSON:  Guilty, the letters A, B, C, D and

      16   E.

      17            THE COURT:  Ladies and gentlemen, let me summarize

      18   your verdict for you.  I won't use all of the names.  You have

      19   found all of the defendants guilty on all of the counts with

      20   which they have been charged.  That is, you found all four

      21   defendants guilty of the conspiracy in Count 1 and in Count 2;

      22   and Odeh, Al-'Owhali, Mohamed guilty of the conspiracy in

      23   Count 3; all four defendants guilty of the conspiracy in Count

      24   4; Odeh and Al-'Owhali guilty of Count 5; K.K. Mohamed guilty

      25   in Count 6; Odeh and Al-'Owhali guilty in Count 7; and K.K.

                                                                    6626

       1   Mohamed guilty in Count 8, and found that he aided and

       2   abetted.  With respect to all of the counts naming individual

       3   victims, you have found the defendants in Counts 9 through 21

       4   Odeh and Al-'Owhali guilty.  You have found that with respect

       5   to those counts Al-'Owhali himself killed the named victims.

       6   With respect to Counts 233 through 273, you found both the

       7   defendants Odeh and Al-'Owhali guilty, and with respect to

       8   Al-'Owhali you found that he himself killed the named victims.

       9            MR. FITZGERALD:  Judge, you skipped over Counts 222

      10   through 232.

      11            THE COURT:  With respect to Counts 222 to 232 in

      12   which K.K. Mohamed alone is named as a defendant, you have

      13   found him guilty on each of those counts and found that he

      14   himself killed the victims.  With respect to Counts 274, you

      15   found Odeh and Al-'Owhali guilty.  With respect to 275 and 276

      16   you found K.K. Mohamed guilty and that he himself killed the

      17   victims.  With respect to Count 277, you found the defendant

      18   K.K. Mohamed guilty and that he himself committed the offense.

      19            With respect to Counts 278 and 279, you found Odeh

      20   and Al-'Owhali both guilty, and with respect to Al-'Owhali,

      21   you found that he himself killed the victims.  With respect to

      22   Counts 280, you found Odeh and Al-'Owhali guilty, and with

      23   respect to Al-'Owhali, you found that he himself committed the

      24   offense.

      25            With respect to 281, you found K.K. Mohamed guilty

                                                                    6627

       1   and that he himself committed the offense.  With respect to

       2   Counts 282 you found Odeh, Al-'Owhali and Mohamed all guilty.

       3   With respect to Count 283 you found Odeh and Al-'Owhali both

       4   guilty.  With respect to Count 284, you found K.K. Mohamed

       5   guilty.  With respect to 285 through 302, you have found El

       6   Hage guilty and have indicated the specifications.  You found

       7   all of the specifications except that with respect to Count

       8   286 you made no finding as to specification C.  With respect

       9   to Count 287, you have found specification C and made no

      10   finding as to A, B and D.  With respect to 288, 289, 290, 291,

      11   292 to 293, 294 and 295 and 296, and 297 and 298, you found El

      12   Hage guilty and you found all of the specifications.  With

      13   respect to Count 299 you found El Hage guilty and found all of

      14   the specifications except specification H.

      15            With respect to 300, you found the defendant El Hage

      16   guilty, 301 you found the defendant El Hage guilty in all the

      17   specifications, and you similarly found with respect to 302

      18   guilty on all the specifications.

      19            You found all the defendants guilty on all the counts

      20   and have answered the additional questions asked of you as

      21   indicated.

      22            Mr. Kenneally, would you poll the jury, please.

      23            THE CLERK:  Ladies and gentlemen of the jury, you

      24   have heard your verdict as it has been recorded.

      25            (Jury polled; each answered in the affirmative)

                                                                    6628

       1            THE COURT:  Ladies and gentlemen, you have been very,

       2   very patient and your lunch has long been here.  My suggestion

       3   is that you retire now and have lunch, and then I will have

       4   some more words to say to you about tomorrow's proceedings.

       5            You may retire.

       6            Madame Forelady, would you sign juror No. 1 and date

       7   the special verdict form.

       8            THE FOREPERSON:  Anywhere in particular?

       9            THE COURT:  Last page.

      10            THE FOREPERSON:  It is done.

      11            THE COURT:  Juror No. 1 and today's date.  Thank you.

      12   Let us know when you are finished your.

      13            (Jury excused)

      14            MR. SCHMIDT:  Your Honor, we request on behalf of

      15   Mr. El Hage 60 days to file Rule 29 and 63 motions.

      16            MR. RICCO:  Same request on behalf of Mr. Odeh.

      17            MR. FITZGERALD:  No objection from the government.

      18            MR. COHN:  Your Honor, at this stage, I discussed

      19   with you with the government present this morning, I am

      20   seeking an extension, even though it may not be ripe, as a

      21   prophylactic matter, and I would ask for 90 days.

      22            THE COURT:  And we discussed this in the robing room

      23   and I asked that you submit an order jointly with the

      24   government.

      25            MR. COHN:  Yes, your Honor.  I wanted to make the

                                                                    6629

       1   record clear.

       2            MR. RUHNKE:  Your Honor, I make the same application.

       3   I also note that I may address some inconsistency with respect

       4   to the verdict as to aiding and abetting.  This jury will not

       5   be discharged and I may want to make a submission to the court

       6   on that issue.

       7            THE COURT:  No, no.  This was the purpose of the

       8   inquiry.  The purpose of the inquiry was to ask whether you

       9   now have any further question of this jury with respect to the

      10   verdict form.

      11            MR. RUHNKE:  No, your Honor.

      12            THE COURT:  The jury will have their lunch, we will

      13   bring them back and excuse them for the day, remind them of

      14   the previous admonition of the court and also impress upon

      15   them the fact that this verdict is now final and that when

      16   they are joined tomorrow by the alternates it is not an

      17   occasion to revisit any matter which has been resolved by the

      18   verdict, and we are adjourned until 2:30.

      19            (Luncheon recess)

      20

      21

      22

      23

      24

      25

                                                                    6630

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

       2                             2:30 p.m.

       3            (In open court)

       4            THE COURT:  While we're waiting, who is going to open

       5   for the government?

       6            MR. FITZGERALD:  I will, your Honor.

       7            THE COURT:  How long do you want?

       8            MR. FITZGERALD:  I will ask for 30 minutes.  I expect

       9   to be less.

      10            THE COURT:  And with respect to Al-'Owhali?

      11            MR. BAUGH:  Hour and a half.

      12            THE COURT:  An hour and a half.

      13            MR. FITZGERALD:  In that regard, your Honor, can we

      14   assume counsel again will not make reference to the fact that

      15   he's appointed counsel, and also, I did see in a prior jury

      16   argument he once argued to a jury that he would not stand

      17   before them if he thought the death penalty would make a

      18   difference.  I would just ask if there is any intention to

      19   opine as to your personal opinion.

      20            MR. BAUGH:  No.

      21            MR. FITZGERALD:  Okay.  Thanks.

      22            THE COURT:  Nor will I.

      23            MR. COHN:  Your Honor, I believe that Mr. Ricco and

      24   team have left.

      25            THE COURT:  Yes.

                                                                    6631

       1            MR. COHN:  Because I saw --

       2            THE COURT:  We're just waiting for the jury.  I think

       3   everybody who has to be here is here.

       4            Did you get copies of the preliminary instructions?

       5            MR. BAUGH:  No, your Honor, not the new ones.

       6            MR. RUHNKE:  Your Honor, I think Mr. Cohn's point was

       7   that there are no counsel here for Mr. Odeh and there may be

       8   no reason for Mr. Odeh or Mr. El Hage to be here for this part

       9   of the proceeding, which is why they aren't here.

      10            THE COURT:  We're not waiting for them.  Everybody

      11   who has to be here is here.

      12            MR. RUHNKE:  Right.  Your Honor, what I'm saying is,

      13   why is Mr. Odeh here and why is Mr. El Hage here at this

      14   point?

      15            THE COURT:  Would they rather be elsewhere?

      16            MR. BAUGH:  Mr. Odeh would like to go back.

      17            THE COURT:  Yes, he may.

      18            MR. FITZGERALD:  Your Honor, is your intention to

      19   explain the next phase in the process to the jury?

      20            THE COURT:  Just the logistics.

      21            The note from Juror No. 4 says:  "I just want to know

      22   about the time frame when I will be called back, since there

      23   is a vacation I have planned."  I think it's "I planned"

      24            (Jury present)

      25            THE COURT:  Good afternoon.

                                                                    6632

       1            THE JURY:  Good afternoon.

       2            THE COURT:  First I should say to you there is a

       3   long-standing tradition in this court that the judge never

       4   expresses to the jury its opinion whether it is in agreement

       5   or does not agree with a jury verdict.  So please don't assume

       6   anything because I make no comment along those lines.  But

       7   what I do want to say to you on behalf of all of the

       8   participants in this case, that we do appreciate how hard you

       9   worked and how conscientious you have been, and for that we're

      10   all grateful.

      11            Now, if you cast your mind back to January, you will

      12   recall that we told you that there were a number of

      13   proceedings which may follow your rendition of a verdict; that

      14   the proceeding which has just been completed dealt with the

      15   question of whether or not guilt had been proven beyond a

      16   reasonable doubt.

      17            You have answered that question now, and the next

      18   phase relates to punishment.  And that phase begins tomorrow,

      19   and it begins tomorrow with respect to the defendant

      20   Al-'Owhali.  And when that is concluded, there will be another

      21   phase with respect to the defendant K.K. Mohamed.  But you

      22   have the afternoon off.

      23            A few reminders.  There may be very great pressure by

      24   people who know you are on the jury to talk to you, to contact

      25   you, to ask you about what went on in the jury room and why

                                                                    6633

       1   you reached a particular verdict or not, and please refrain

       2   from any such discussions.

       3            Please continue to refrain from reading anything

       4   about this case or anything related to this case.  There is

       5   going to be very heavy media coverage of your verdict and

       6   speculation, and please try to avoid reading any of it.

       7            Tomorrow you will be rejoined by your four lost

       8   colleagues who were alerted to the fact that they would be

       9   called back today.  Your verdict is a final verdict and is not

      10   open to question, and so I will tell the four alternates, but

      11   I now tell you, it is not appropriate for you to revisit with

      12   the alternates your verdict, why you reached your verdict or

      13   so on.

      14            The inquiry in this next phase is solely with respect

      15   to the punishment, beginning tomorrow with Al-'Owhali, whether

      16   the appropriate punishment is the imposition of death sentence

      17   or the imposition of a sentence of life without possibility of

      18   parole.  And that is going to be the only issue before you.

      19            We will, this afternoon, remove from jury room all of

      20   the exhibits.  We will leave your notes, the indictment, and

      21   the court's charge and the verdict form, but all of the

      22   exhibits will be removed from that.

      23            You obviously have to be wondering how long will this

      24   next phase take, and I can't give you a definite answer to

      25   that.  And as soon as we are at a point where I can give you

                                                                    6634

       1   an answer to that which has some meaning, why, we will do

       2   that.  Certainly shorter than the proceeding -- considerably

       3   shorter than the proceeding which has just been concluded.

       4            So I thank you again, and we're adjourned until

       5   tomorrow morning.  You get in at 9:15?  9:30.

       6            We adjourned until 9:30 in the morning.  Thank you

       7   again.

       8            (Jury not present)

       9            THE COURT:  The revised draft of the preliminary

      10   statements are being handed out now, but I think I have

      11   already told you of all of my rulings.  And Mr. Fitzgerald, do

      12   you have any idea when I will have your brief?

      13            MR. FITZGERALD:  Yes, I have a very good estimate.

      14   I'm about to hand it to your Honor.  It's literally the first

      15   copy off the printer, so if I could have a copy back.  The

      16   defense now has it and your Honor has it, and the government

      17   does not.

      18            THE COURT:  Why don't we adjourn until 3:30, at which

      19   time you tell me whether you have anything with respect to the

      20   revised preliminary instructions, which, as I have said, I'm

      21   going to do orally and not give to the jury, and I will rule

      22   on the open matters covered by this brief.  So we're adjourned

      23   until 3:30.

      24            (Recess)

      25            (In open court)

                                                                    6635

       1            THE COURT:  I distributed a document which is headed

       2   "Second Working Draft, May 29, 2001," of the proposed

       3   preliminary instructions, marked as Court Exhibit 1 of today's

       4   date, and that reflects what I propose to tell the jury

       5   tomorrow morning.  I leave open for the charging conference,

       6   which is now scheduled for Monday at 4:30, whether I should be

       7   more explicit with respect to certain matters.

       8            I do say on page 9 in the last paragraph, I first

       9   mention briefly before that "you are never required to return

      10   a verdict of death."  I think that that is an accurate

      11   statement, that they are never required to return a verdict of

      12   death.  I find the law on this area not entirely clear, and

      13   some of the decisions, including that of the Eighth Circuit,

      14   not entirely persuasive.

      15            We have already told the jury at page 22 of the

      16   questionnaire essentially this, over the government's

      17   objection, and let me explain why I find the matter not free

      18   from doubt.

      19            It is unusual in a statute to find Congress talking

      20   about preponderance of the evidence and talking about beyond a

      21   reasonable doubt and then talking about whether the showing of

      22   aggravators significantly outweighs mitigators, and some

      23   courts have expressed the view that there has been a conscious

      24   decision to make this almost an objective determination.

      25            I keep using the balance sheet analogy, perhaps

                                                                    6636

       1   because I was an accountant before I was a lawyer, and the

       2   concern expressed that if a jury can render a verdict which is

       3   inconsistent with its weighing of the aggravators and the

       4   mitigators, that that creates an opportunity for a

       5   subjectivity which some sought to remove from the statute.

       6            If you look at 3593C, it says, "At the sentencing

       7   hearing, information may be presented as to any matter

       8   relevant to the sentence, including any mitigating or

       9   aggravating factor permitted or required to be considered

      10   under section 3592," which would suggest that there may be

      11   matters relevant to the sentence that are not limited to

      12   mitigating or aggravating factors.

      13            And indeed, in my rulings as to what would be

      14   admissible at the penalty phase, I have been informed by that

      15   language in the statute.  And it is for that reason why I

      16   include in the preliminary instructions, and will include in

      17   the final instructions, although perhaps in different

      18   language, the fact that the jury is never required to find

      19   death and is not required to find death based on an analysis

      20   by the jury which is not necessarily limited to the weighing

      21   of the mitigators and the aggravators.

      22            Now, another issue is whether the jury should be told

      23   of the consequences of a lack of unanimity with respect to a

      24   Gateway factor and an aggravator, and the defendants have

      25   requested that I tell the jury that if they are not unanimous

                                                                    6637

       1   in finding a statutory or a Gateway factor, that the

       2   consequence is a finding of life.  And the government's, if I

       3   understand its position, is that I should tell the jury --

       4            Well, let me ask the government.  Is it the

       5   government's position that the jury should be explicitly

       6   instructed as to the consequences of a lack of unanimity with

       7   respect to statutory or the Gateway factors?

       8            MR. FITZGERALD:  The government's position is that we

       9   should not instruct the jury on that, that it is a breakdown

      10   in the deliberative process if we don't address it until

      11   necessary.

      12            MR. RUHNKE:  Your Honor, just to frame the issue

      13   properly.  We're not just talking about findings of Gateway

      14   factors or aggravating factors, we're also talking about the

      15   final balancing; that if the jury is not unanimous on the

      16   question of whether the aggravating factors substantially or

      17   sufficiently outweigh --

      18            THE COURT:  I'm not clear of this.  What is the

      19   government's view if the jury sends a note in which says, "We

      20   are not unanimous with respect to whether or not a statutory

      21   or Gateway factor has been proven?" what happens then?

      22            MR. FITZGERALD:  I think at that point, your Honor,

      23   we should fashion an instruction that would tell them to do

      24   their best to come to a resolution, but if they cannot, if

      25   they have already found that it's a Gateway factor, if you

                                                                    6638

       1   have already found one or more Gateway factors, then proceed

       2   on.

       3            THE COURT:  Yes.

       4            MR. FITZGERALD:  If it's a statutory aggravating

       5   factor, if you have already found one or more statutory

       6   aggravating factors and you come to the conclusion that you

       7   cannot come to a unanimous decision on another one way or the

       8   other, then to proceed on.

       9            THE COURT:  No, no, no, no.  You are assuming that at

      10   least one Gateway and one statutory there's unanimity, and you

      11   are saying that we don't have to, they don't have to find

      12   multiple.

      13            MR. FITZGERALD:  Yes.

      14            THE COURT:  No.  No, I think there is consensus on

      15   that.  We've just been through a process in the guilt phase

      16   where the jury had several options.  But suppose there is no

      17   single Gateway factor or no single aggravator as to which the

      18   jury is unanimous, then what happens?

      19            MR. FITZGERALD:  At that point I think we would give

      20   the jury and Allen charge, and if they come with no unanimity,

      21   then it's over.

      22            THE COURT:  What does that mean, "it's over"?

      23            MR. FITZGERALD:  My understanding is the jury hangs,

      24   and without committing to it, I don't want to be bound to

      25   something -- it depends which factor it's not decided on.  My

                                                                    6639

       1   point --

       2            THE COURT:  Let me be explicit as to what my question

       3   is.  There is at least language, I think it's in Allen, which

       4   suggests that if there is a lack of unanimity on any one of

       5   the prerequisites to consideration of the death sentence, then

       6   the matter is left to the judge; you don't have a hung jury

       7   and you don't impanel a new jury.  Well, if the matter is

       8   left --

       9            It's Jones, not Allen.

      10            If the matter is left to the judge, isn't it a fact

      11   that the judge can't impose a death sentence?

      12            MR. RUHNKE:  No, your honor.

      13            THE COURT:  And therefore, isn't the practical

      14   consequence of this that before the death sentence can be

      15   considered, they must be unanimous?  Because if they're not

      16   unanimous, then it may be a slightly different process.  There

      17   may be another step, the reference to the judge, but that the

      18   consequence is if they are not unanimous, the death sentence

      19   cannot be imposed.

      20            MR. FITZGERALD:  I think I follow your Honor.  My

      21   point is we should not tell the jury that if there is a

      22   breakdown in the process, what will happen, because it may

      23   invite a breakdown in the process.

      24            THE COURT:  I agree with that.

      25            MR. FITZGERALD:  Okay.

                                                                    6640

       1            THE COURT:  And that's what I plan to do.  I am

       2   resisting the suggestion that the jury be told that they must

       3   be unanimous, but I am also indicating that if the jury fails

       4   to find unanimity as to the Gateway or one statutory, that the

       5   practical consequence is the same, and that is the sentence is

       6   life.

       7            MR. FITZGERALD:  I understand.

       8            MR. COHN:  May I just, your Honor, say a couple of

       9   things?  First of all, I thought I heard the government, who

      10   is uncharacteristically mumbling, that if they came back with

      11   essentially a deadlock notice, you should give an Allen

      12   charge.

      13            THE COURT:  We don't have to deal with that yet,

      14   but --

      15            MR. COHN:  It does, because it's responsive sort of

      16   to your question, and that is this:  That an Allen charge

      17   traditionally says you should go back and try again because

      18   there's no reason to believe another jury won't come to the

      19   same conclusion.  Another jury can't come to the same

      20   conclusion.  It never gets to go to another jury, and

      21   therefore, an Allen charge will always be inappropriate.  And

      22   in my view, a deadlock notice is a verdict.

      23            THE COURT:  A deadlock --

      24            MR. COHN:  Is a verdict.

      25            THE COURT:  A deadlocked jury is a verdict because

                                                                    6641

       1   the consequences of a deadlocked verdict are that the death

       2   sentence cannot be imposed.

       3            MR. COHN:  That's right.  That's my view and that's

       4   what a deadlock notice means.

       5            Secondly, if your Honor is not going to tell them in

       6   your preliminary charge the language about lack of unanimity,

       7   I ask that you reconsider your language on page 8 of your

       8   preliminary charge just below the typographical error that was

       9   corrected.  And after you look at it, I'll tell you why.

      10            THE COURT:  It's a statute.

      11            MR. COHN:  Yes, but it is technically correct, your

      12   Honor.  But in the context of what you are doing about not

      13   telling them that lack of unanimity will result in a verdict

      14   of life without parole, it misstates the spirit because it

      15   indicates the only way they get life without parole is by

      16   unanimity saying no death.  And while it does restate the

      17   statute and it is technically correct, it's only half the

      18   issue and creates a misimpression at this stage, which I think

      19   the jury ought not to have.

      20            So the answer is it's not incorrect.  I just think

      21   it's incomplete.  And given that you won't give the balancing

      22   language later on, you ought to reconsider how you do that.  I

      23   think that you can fairly tell the jury in place of this that

      24   a unanimous verdict for death will result in death and leave

      25   it alone.

                                                                    6642

       1            THE COURT:  That's what I say.

       2            MR. COHN:  No, you don't.  You say a unanimous

       3   verdict for life -- what you say is if the jury is

       4   unanimous -- is not justified --

       5            THE COURT:  The second part of the language, "must be

       6   unanimously and beyond a reasonable doubt before you consider

       7   imposition of the death sentence" on page 4.

       8            MR. COHN:  But here, your Honor, look on page 8,

       9   where it says --

      10            THE COURT:  Top of 3, with respect to both the

      11   Gateway and the statutory the jury is told that they must be

      12   unanimous and beyond a reasonable doubt before they can even

      13   consider it.

      14            MR. COHN:  Yes, that's right, Judge.  But now on page

      15   8 you are on balancing.

      16            THE COURT:  Yes.

      17            MR. COHN:  And you say, "and if after such balancing

      18   the jury unanimously determines that a sentence of death is

      19   not justified with regard to it, then he will be sentenced to

      20   life imprisonment."  And I suggest to you that, your Honor,

      21   that while that is correct in terms of the statute, a

      22   unanimous verdict, which I'm sure the Court would much prefer,

      23   would result in that, it is also true that the failure to

      24   reach a unanimous verdict that --

      25            THE COURT:  You would like that second sentence to

                                                                    6643

       1   read, "If after such a verdict the jury does not unanimously

       2   determine that a sentence of death is justified, the law

       3   provides...," that's what you would like?

       4            MR. COHN:  I would like that, but I thought your

       5   Honor said you won't charge that in this document, and

       6   therefore -- and if I'm wrong, yes, that's what I would like

       7   it to say.

       8            THE COURT:  I could strike "unanimously."  It will

       9   not change the sentence.  It could read, "If after such a

      10   balance, the jury determines that a sentence of death is not

      11   justified."

      12            MR. COHN:  No, Judge, I think that doesn't meet it.

      13   If it's going to talk about a determination of what is

      14   justified, then it should say, "A jury determines that it is

      15   justified, then it will result in a verdict of death."  That's

      16   clear.  To charge as to what the jury decides on life without

      17   parole is to give an unbalanced charge, because your Honor has

      18   said that you will not tell them that failure to be unanimous

      19   results in a verdict, and you cannot charge the converse of

      20   "death is justified" fairly without including that.

      21            And so what I suggest, if you maintain your position

      22   that you will not tell them that lack of unanimity results in

      23   a non-death verdict, that you do not say anything about what

      24   you say "unanimously finds a jury for death, there will be a

      25   verdict of death," but you don't mention the other.  That's my

                                                                    6644

       1   view.

       2            THE COURT:  You want that sentence stricken?

       3            MR. COHN:  I want that sentence stricken, but you

       4   may, if you want, put it in unanimity on a death sentence.  I

       5   don't think you can have that sentence alone without the

       6   balancing, with what the actual law is.  And if you're not

       7   going to charge the actual law --

       8            THE COURT:  You are suggesting -- I want to be

       9   specific.  You are suggesting on page 8, the second full

      10   paragraph, that the last sentence that begins with "if" be

      11   stricken?

      12            MR. COHN:  If your Honor is saying you will not

      13   charge the language you say you are not charging, the answer

      14   is, yes, that's right.

      15            THE COURT:  Anybody object to that?

      16            MR. RUHNKE:  I don't object to it, your Honor.

      17            THE COURT:  We're going to have this over and over

      18   again, I'm sure, but I don't know, and that is whether you

      19   have a vote on what the jury in the Al-'Owhali phase does or

      20   does not hear.

      21            MR. COHN:  Your Honor, unfortunately, I think we're

      22   in a loop as to Shakespeare's notion about foolish

      23   consistencies, because if you are not consistent in the two

      24   charges, we have serious -- I think there's an opening for

      25   serious mischief.

                                                                    6645

       1            THE COURT:  I think that's true.  The law will not

       2   change between tomorrow and whenever it is that the K.K.

       3   Mohamed proceedings begin.

       4            MR. COHN:  And I certainly welcome Mr. Ruhnke's

       5   participation in this.

       6            THE COURT:  Any objection to my striking that "if"

       7   sentence?

       8            MR. FITZGERALD:  No, Judge.

       9            THE COURT:  I'll strike it.

      10            Anything else?

      11            MR. FITZGERALD:  Judge, with regard to the language

      12   on page 9 that you are including, the second sentence in the

      13   last paragraph, you say that the jury is never required to

      14   return a verdict of death.

      15            THE COURT:  Yes.

      16            MR. FITZGERALD:  I have two questions.  I know that

      17   we haven't resolved it in terms of the final charge.  To put

      18   it bluntly, will this be held against us in the final charge

      19   if it's included in the preliminary charge?  To the extent

      20   that it was included in the questionnaire, I don't want to

      21   sort of go down the slope where when we get to the final

      22   charge, it's been in twice and now it's sort of past us.

      23            THE COURT:  If you are asking whether it's my

      24   intention in the final charge to repeat this thought, the

      25   answer is yes.  If your question is whether you preserve an

                                                                    6646

       1   objection to my doing so, the answer is also yes.

       2            MR. FITZGERALD:  My only thought on that was if your

       3   Honor thinks that including it now will make a difference in

       4   the final analysis, that we not include it now so that we can

       5   preserve the option that your Honor can more or less --

       6            THE COURT:  I'm sufficiently firm in my conviction

       7   that the jury should be told this.

       8            MR. FITZGERALD:  Okay.

       9            MR. RUHNKE:  I just have one suggestion at the bottom

      10   of page 9.

      11            THE COURT:  Yes.

      12            MR. RUHNKE:  Actually, that last paragraph that

      13   begins "the last thing I wish to explain" is the only time

      14   that you tell the jury that they have to be unanimous in order

      15   to vote for a sentence of death, and I would ask that you, in

      16   the following sentence, beginning, "if the jury does not --"

      17            THE COURT:  Yes.

      18            MR. RUHNKE:  If the jury does not vote unanimously

      19   for a sentence of death, to reiterate that concept.

      20            THE COURT:  You think that one sentence is not

      21   sufficient?

      22            MR. RUHNKE:  Your Honor, it's the only time you tell

      23   them that they have to be all in agreement to impose a

      24   sentence of death, which is really the crux.  The findings are

      25   not findings of statutory aggravating factors in this case or

                                                                    6647

       1   non-statutory.  But based on my understanding of the facts in

       2   this case, they are not going to be much of a hurdle for the

       3   jury for some of them.  Some of those aggravating factors are

       4   subsumed within their guilt verdicts.  So I'm asking to

       5   emphasize if the jury does not vote unanimously for a sentence

       6   of death, it's saying the same thing twice back to back, but

       7   repetition is a form of emphasis.

       8            THE COURT:  In two sentences.

       9            MR. FITZGERALD:  You are asking the bottom of page 9?

      10            MR. RUHNKE:  Page 9.

      11            MR. FITZGERALD:  Are we talking about just putting

      12   the word "unanimous " in that sentence?

      13            THE COURT:  Yes.

      14            MR. RUHNKE:  If the jury does not vote unanimously

      15   for a sentence of death, that's all.

      16            THE COURT:  Just repeating what they are told in the

      17   preceding sentence.  I don't feel strongly on that.

      18            MR. FITZGERALD:  Your Honor, I actually think that

      19   sentence could be removed, because it goes to the fact that

      20   the jury should, we hope, come to a unanimous decision to vote

      21   for a death sentence or for life imprisonment.  If we took it

      22   out, then the paragraph would end, "The last thing I would

      23   wish to explain," which would be the last thing, "is that all

      24   12 jurors must agree that death is the appropriate sentence,"

      25   and they make that point clear.

                                                                    6648

       1            THE COURT:  How about that?  I just strike that

       2   sentence.

       3            MR. RUHNKE:  No, your honor, I don't want that

       4   sentence taken out as to what the consequences --

       5            THE COURT:  I don't think I have to repeat what is

       6   contained in the previous sentence.

       7            Anything else with respect to the preliminary

       8   instructions?  Anything else that --

       9            MR. FITZGERALD:  I think your Honor was advised just

      10   of a typographical error on page 7 or 8.

      11            THE COURT:  Yes, the statutory language was repeated

      12   twice.

      13            MR. FITZGERALD:  I think on the following page there

      14   was some bracketed language which can be removed.

      15            THE COURT:  It comes out.  Yes.  That's fine.

      16            I'm just going to anticipate, I try to hedge on the

      17   estimate as to how long this will take, but can counsel for

      18   Al-'Owhali at this stage give me some --

      19            MR. BAUGH:  About two days, your Honor.

      20            THE COURT:  Two days?

      21            MR. BAUGH:  Two days.  About two days for the defense

      22   mitigation case, yes.

      23            THE COURT:  We're not sitting Friday, so we will have

      24   Wednesday, Thursday -- this should go to the jury towards the

      25   end of next week.

                                                                    6649

       1            MR. BAUGH:  Yes.

       2            MR. FITZGERALD:  Yes, your Honor.  I would say it

       3   this way.  If we thought that the victim impact witnesses

       4   should come out to be about two days, there's a little bit a

       5   few other witnesses, but not a lot.  If we're starting that

       6   after the openings tomorrow, we're hoping that since we're

       7   sitting Wednesday, Thursday, that the government should rest

       8   probably Monday, probably Monday afternoon.  With Mr. Baugh

       9   going two days, that might take us to Wednesday, and since

      10   we'll have a rebuttal case, it appears, on prison conditions,

      11   the proof may end next Thursday.  So it could possibly be that

      12   the argument spills over to the following week.

      13            THE COURT:  All right.  That's fine.  It's helpful to

      14   know that.

      15            We have had some recurring discovery issues,

      16   including the military, and I have not -- the shoe has not

      17   dropped so far as I am concerned, but --

      18            MR. BAUGH:  The military has given us all that the

      19   military said they can give us and that's that, and we're just

      20   going to have to -- that's it.

      21            THE COURT:  Very well.  I can't compel any party to

      22   litigation to produce that which it cannot produce.

      23            MR. BAUGH:  I didn't go that far, Judge.  But, yes, I

      24   understand it.

      25            THE COURT:  There is no ruling from the court that

                                                                    6650

       1   you now seek with respect to that issue?

       2            MR. BAUGH:  That is correct, your Honor.

       3            THE COURT:  All right.

       4            Mr. Ruhnke?

       5            MR. RUHNKE:  Your Honor, there is one issue that

       6   we've been trying to determine through Mr. Garcia and the

       7   government what happened to the videotape on November 1, 2000

       8   that should have been played and recorded on 10 South.  We're

       9   going to need a resolution of that soon or hearing or

      10   something to determine, because we are getting conflicting

      11   verses.  It is not Mr. Garcia's fault.  He's given the same

      12   sources we're getting.  People tell us different things.

      13            MR. GARCIA:  Mr. Ruhnke is correct.  He sent me a

      14   letter.  The government hasn't had an opportunity to respond

      15   to it.  We will respond to it as soon as we can, and after

      16   that we may perhaps need something from the court or we may

      17   not.

      18            MR. RUHNKE:  Okay.

      19            MR. FITZGERALD:  And on the lines of discovery, we

      20   had a discussion with counsel for Khalfan Mohamed.  I

      21   understand that there may be four, five or six expert

      22   witnesses for which we have not yet received discovery, but I

      23   understand we will receive it tomorrow.

      24            MR. RUHNKE:  Yes, by close of business tomorrow.

      25            THE COURT:  All right.  Anything else?  We're

                                                                    6651

       1   adjourned then until --

       2            Mr. Cohn.

       3            MR. COHN:  One sheer housekeeping issue that I want

       4   to alert the Court to, and that is that Mr. Ruhnke has asked,

       5   because he's so impressed by her acumen, that he use my

       6   paralegal during his penalty phase and I'm just -- I said yes,

       7   and just so when you see the bills from me, she's on my

       8   payroll, but she'll be working actually for him and you won't

       9   see bills from him for her time.  That's all.  I'm just not

      10   going to shift her payroll to his to do that and that's all

      11   I'm suggesting.

      12            THE COURT:  I have no problem with that.  Government

      13   have any problem?

      14            MR. FITZGERALD:  No.

      15            THE COURT:  You are going to be seated at the first

      16   seats?

      17            MR. COHN:  We are going to move over, yes.

      18            THE COURT:  And the rest of the table is going to be

      19   blank, right?

      20            MR. RUHNKE:  Do not intend to be at counsel table

      21   during the proceedings.  We do not expect Mr. Khalfan Mohamed

      22   to be in court.  We certainly may witness the parties

      23   proceedings and all parts of it, but we will not be at counsel

      24   table.

      25            THE COURT:  Anything else?

                                                                    6652

       1            MR. FITZGERALD:  Your Honor, may I inquire as to any

       2   of the issues not yet finally resolved such as what could be

       3   argued about.  Does counsel for Al-'Owhali intend to argue

       4   jury nullification in opening?

       5            MR. BAUGH:  No.

       6            MR. FITZGERALD:  Fine.

       7            MR. BAUGH:  Nullification in this case?

       8            MR. FITZGERALD:  Nullification.

       9            THE COURT:  At least one court, in talking about some

      10   of the issues we have discussed has invoked the concept of

      11   jury nullification, has said that to permit a jury to find

      12   against the death penalty despite the weighing of the

      13   aggravators and mitigators would be to sanction the jury

      14   nullification.  I don't agree with that.

      15            MR. COHN:  I don't either, Judge.  And in the

      16   traditional terms of nullification, this is not the case.

      17            THE COURT:  Yes.  I agree.

      18            All right.  I take it that there is nothing further

      19   counsel needs prior to opening statements tomorrow.  We're

      20   adjourned then until 9:30 tomorrow morning.

      21            MR. FITZGERALD:  Yes, Judge.  Thank you.

      22            (Adjourned to 9:30 a.m. on May 30, 2001)

      23

      24

      25

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