12407 5AD5SAT1 1 UNITED STATES DISTRICT COURT 1 SOUTHERN DISTRICT OF NEW YORK 2 -------------------------------------x 2 UNITED STATES OF AMERICA, 3 3 v. S1 02 Cr. 395 (JGK) 4 4 AHMED ABDEL SATTAR, a/k/a "Abu Omar," 5 a/k/a "Dr. Ahmed," LYNNE STEWART, 5 and MOHAMMED YOUSRY, 6 6 Defendants. 7 -------------------------------------x 7 8 January 13, 2005 8 10:30 a.m. 9 9 10 10 Before: 11 HON. JOHN G. KOELTL 11 12 District Judge 12 13 13 APPEARANCES 14 14 DAVID N. KELLEY 15 United States Attorney for the 15 Southern District of New York 16 ROBIN BAKER 16 CHRISTOPHER MORVILLO 17 ANTHONY BARKOW 17 ANDREW DEMBER 18 Assistant United States Attorneys 18 19 KENNETH A. PAUL 19 BARRY M. FALLICK 20 Attorneys for Defendant Sattar 20 21 MICHAEL TIGAR 21 JILL R. SHELLOW-LAVINE 22 Attorneys for Defendant Stewart 22 23 DAVID A. RUHNKE 23 DAVID STERN 24 Attorneys for Defendant Yousry 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12408 5AD5SAT1 Deliberations 1 (Trial resumed) 2 (Jury deliberations resumed; time noted: 10:30 a.m.) 3 THE COURT: Good morning, all. Please be seated. 4 Mr. Morvillo. 5 MR. MORVILLO: They're letting me fly solo this 6 morning, your Honor. 7 THE COURT: I have two notes, they're marked Court 8 Exhibit 18 and Court Exhibit 19 and the parties are welcome to 9 inspect them. I will pass them down. 10 The Court Exhibit 18, 13 January, '05: Judge Koeltl, 11 we are starting to deliberate, 10:30 a.m. Also, when I or one 12 of the other jurors send these notes into your chambers, do we 13 go by our original juror number or the ones we used in the 14 courtroom? Thanks, number 329. 15 Court Exhibit 19 says: May we have post-it page 16 flags, may we have a large blackboard, may we have some 17 highlighter pens. 18 And Mr. Fletcher advises that we can provide those 19 things. I will draft a brief note to the jurors which 20 indicates that we're sending in the 11 copies of the indictment 21 and the instructions. The note should be signed by the 22 foreperson with the foreperson's juror identification number as 23 the foreperson has been doing. And when I have completed the 24 note I will read it to you and then show it to you. 25 There are two other issues that I wanted to raise and SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12409 5AD5SAT1 Deliberations 1 one is the alternate jurors have left their notes so we've -- 2 the marshal locked the room where the jurors were deliberating 3 so the notes simply stayed in that room, that's the room where 4 the jurors were during the trial. 5 The second item is one juror left a message on 6 Mr. Grate's cell phone asking him to call her back and 7 Mr. Grate didn't call her back and brought it to my attention 8 because the jurors are deliberating. 9 My reaction, and I will certainly listen to the 10 parties, is that I shouldn't deal with that in this note. I 11 would be inclined to deal with that perhaps at the end of the 12 day when I, or if you think I should deal with it earlier in a 13 note. The substance of what I would say is I've already told 14 you that you -- Mr. Fletcher cannot talk to you during the 15 course of deliberations. Similarly, Mr. Grate cannot talk to 16 you in the course of deliberations. If you have any 17 administrative issue, for example with respect to your checks, 18 you should put it in a note and we will consider the best way 19 of responding to you. 20 Or something like that. You can think about that. 21 I'm not going to deal with it immediately in this note. If you 22 have a better way of approaching it, I'm happy to listen. 23 MR. TIGAR: A question, your Honor. The jurors do not 24 have their cell phones in the deliberation, is that correct? 25 THE COURT: That's correct. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12410 5AD5SAT1 Deliberations 1 (Pause) 2 So, that will be Court Exhibit 20, my note to the 3 jurors. It reads: Members of the jury, we are providing you 4 with 11 copies of the indictment and the instructions. We will 5 gather the additional items that you requested and provide them 6 to you. All notes should continue to be signed by the 7 foreperson with the foreperson's juror identification number. 8 Is that satisfactory? 9 MR. TIGAR: Yes, your Honor. 10 MR. RUHNKE: Yes, your Honor. 11 THE COURT: The parties are welcome to inspect all of 12 the notes. 13 Have you inspected the instructions and indictments so 14 you are ready to have those go to the jury with the notes? 15 MR. TIGAR: Yes, your Honor. 16 MR. RUHNKE: Yes, your Honor. 17 MR. MORVILLO: Yes, your Honor. 18 THE COURT: Okay. 19 THE DEPUTY CLERK: This will be, the note to the jury 20 will be Court Exhibit 20 with a time of 10:45 p.m. 21 MR. RUHNKE: Your Honor, just one request. Could we 22 get copies of the notes that go back and forth; your Honor's 23 notes and the notes that come from the jury, for our files? 24 THE COURT: It will take time. 25 MR. RUHNKE: I don't mean immediately, I mean just in SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12411 5AD5SAT1 Deliberations 1 due course. 2 THE COURT: Oh, they're all kept. 3 MR. RUHNKE: I know they're kept, right. 4 THE COURT: I read them into the record. I have no 5 problem with getting you coppies. 6 Should we tell the jurors not to dispose of any notes 7 that I send to them? 8 MR. RUHNKE: I'm sorry, your Honor? 9 THE COURT: Should we tell the jurors not to dispose 10 any notes that I send to them? 11 MR. RUHNKE: They don't come back out? 12 THE COURT: No, they go in. 13 But you inspect them and I read them into the record. 14 MR. RUHNKE: That's fine. We would like at least to 15 see the notes that come out, have a copy of the notes that come 16 out. 17 THE COURT: Okay. Well, we have an opportunity to 18 make those copies and we will make them for you. 19 MR. RUHNKE: Thank you. 20 THE COURT: And, second, you say an opportunity to 21 see. I mean, just so that it is clear, I read every note to 22 you that comes out. I then give it to you so you have an 23 opportunity to see it before I actually send the responding 24 note in, but we will also make a copy. 25 MR. RUHNKE: Your Honor, I didn't mean that we are not SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12412 5AD5SAT1 Deliberations 1 seeing the copies. I look at the LiveNote and I must have said 2 that. 3 THE COURT: Okay. 4 MR. RUHNKE: I know we see the notes that come out. 5 THE COURT: Okay. 6 MR. RUHNKE: What I meant is could we have copies of 7 the notes to keep. 8 THE COURT: Sure. I see no problem. 9 MR. RUHNKE: Thank you very much. 10 THE COURT: And Mr. Fletcher tells me that they get 11 filed. 12 (Pause) 13 THE DEPUTY CLERK: The clerk has to make a correction 14 on the Court Exhibit. I put "Exhibit 13," it should be "20." 15 I don't know why I did. So, that's a correction, it is 20. 16 And I will show that to the parties. 17 THE COURT: Did you count to make sure there are 11 18 copies of the indictment? We counted to make sure there were 19 11 copies of the instructions. 20 THE DEPUTY CLERK: Correct. 21 THE COURT: All right, is everyone satisfied that the 22 note and the instructions and the indictment can go to the 23 jury? 24 MS. SHELLOW-LAVINE: Yes, your Honor. 25 MR. MORVILLO: Yes, your Honor. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12413 5AD5SAT1 Deliberations 1 THE COURT: Okay. 2 Are you all satisfied with the box? I'm serious. I 3 mean, we checked the box to make sure there was nothing. 4 MR. RUHNKE: I never looked at the bottom of the box 5 but I can see from here that it is blank. We are satisfied. 6 THE COURT: There is nothing in the bottom of the box, 7 is there? 8 THE MARSHAL: No. 9 THE COURT: I looked there too. 10 In a moment Mr. Fletcher -- the marshal can take those 11 into the jury room. 12 Mr. Fletcher will look to get the post-its and 13 blackboard and other things that were requested. He'll show 14 you those things before they go into the jury room. Do you 15 want another note before those things go in? 16 MR. RUHNKE: Not from -- no, your Honor. 17 MS. SHELLOW-LAVINE: It's not necessary. 18 THE COURT: He'll show you them before he gives them 19 to the marshal and the marshal will them take them in. 20 I told you what my thoughts were on responding to the 21 juror who wanted to talk to Mr. Grate. 22 MR. TIGAR: Your Honor, I would suggest a response 23 that is not, that does not suggest what the juror might have 24 been calling about, the check or whatever. Just say that any 25 communications should be, as before, in notes signed by the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12414 5AD5SAT1 Deliberations 1 foreperson and that will be a generic response rather than a 2 more specific one. That would be the only suggestion that we 3 would make. 4 THE COURT: What if it's a personal issue from the 5 juror, which is why -- 6 MR. TIGAR: That would be a separate issue, your 7 Honor. If a juror has a personal issue what would the Court's 8 view be about how best to, how to permit the juror to express 9 it? I mean, there could be an issue. There could be a health 10 issue. It could be something about the transportation. It 11 could be all sorts of things. 12 Does the Court have a practice or a view with respect 13 to that? 14 THE COURT: I have -- 15 MR. TIGAR: Your Honor, just in talking with 16 Mr. Ruhnke about it, may we have the opportunity to talk about 17 it at counsel table? 18 THE COURT: Sure. Absolutely. And it's not an issue 19 that I'm inclined to deal with immediately. 20 So, on reflection, if it were a personal issue and 21 jurors are not going to deliberate tomorrow, it's something I 22 probably should deal with in a note to them rather than in my 23 final remarks to them at the end of the day. 24 So, yes, I would welcome the parties' input on what to 25 tell them. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12415 5AD5SAT1 Deliberations 1 MR. TIGAR: We could -- I don't know if your Honor is 2 going to go back across the street. 3 THE COURT: I was. I'm -- 4 MR. TIGAR: Or whether -- how would your Honor wish us 5 to communicate this view? 6 THE COURT: I suspect that I'm going to go back across 7 the street and then I will be back to see you at some point and 8 we can talk about it. We can talk about it then. 9 I had given you all yesterday the note from the press 10 room, did you want me to mark that as a Court Exhibit also? 11 MR. TIGAR: Please, your Honor. 12 THE COURT: Fine. All right, see you later. 13 (Recess pending verdict) 14 THE COURT: Please be seated, all. 15 We have a, rather than blackboard we have a board with 16 a pad and magic markers to be sent in to the jury. And before 17 doing that, the marshal raised an issue that he wants to make 18 sure that if -- he has to take this into the jury room and he 19 wants to make sure that if on any other occasion he has to go 20 into or at the jury room for, to deliver or pick up notes or 21 anything else that the jurors flip the page, cover the page, 22 whatever they want to do. 23 And so, I'm going to draft a note to tell the jurors 24 that. 25 This would also be a convenient time, I think, to SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12416 5AD5SAT1 Deliberations 1 respond the jurors' request. I've thought about it and am 2 perfectly happy to listen to the parties. 3 My, on reflection, I think the process of going 4 through the foreperson is the best process. And if someone had 5 a personal issue, it usually gets conveyed reasonably through 6 the foreperson such as a juror has, one juror has an 7 appointment or has to break early or something like that. But 8 I don't want to encourage personal notes on personal issues. 9 The general process has always been we've told them 10 through the foreperson. 11 So, that's -- that was defense counsel's initial 12 reaction and I certainly am happy to take views on this. 13 MR. MORVILLO: Your Honor, that approach seems 14 perfectly reasonable to the government. 15 MR. TIGAR: That sounds reasonable, your Honor. The 16 only concern we have is if a juror had some private personal 17 issue they didn't want to share they could write it out, fold 18 it in half, and the foreperson could write on the back of it. 19 But that seems a little elaborate at this point. So, we agree 20 that the Court's view of this is reasonable. 21 THE COURT: Let me draft a note that covers both. 22 MR. TIGAR: With respect to the flip chart issue? 23 THE COURT: Yes. 24 MR. TIGAR: I noticed for the first time that there is 25 a blackboard, if that's really what they wanted. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12417 5AD5SAT1 Deliberations 1 THE COURT: The marshal says it's not clear that given 2 the size of that that blackboard would fit within the jury 3 room. 4 MR. TIGAR: And we do not consent to a jury of less 5 than 12, your Honor, I will make that request. I wanted to be 6 clear. 7 THE COURT: Obviously the blackboard isn't bigger than 8 the jury room but it takes up an unusual amount of space. 9 MR. TIGAR: For a lawyer of my age, your Honor, it is 10 a sad commentary that it would be regarded as vestigial. We 11 used to use those things. 12 THE COURT: I don't mean to degrade blackboards, it is 13 just that it looks as though it came as original equipment with 14 the courtroom. 15 MR. TIGAR: Yes. 16 THE COURT: It is taller than the door. 17 All right. But, thank you. I appreciate you bringing 18 it to my attention. 19 MR. MORVILLO: Your Honor, I did notice that there are 20 only highlighters here and not magic markers. 21 THE COURT: Yes. We were going to provide them with 22 highlighters because that's what they asked for but I think in 23 order to use that they need markers. So, we will provide them 24 with markers, all right? 25 (Pause) SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12418 5AD5SAT1 Deliberations 1 THE COURT: My proposed note would read: Members of 2 the jury, we are providing you with a board and flipchart pad, 3 together with markers, so that you can use it in response to 4 your request for a blackboard. Please turn the page over so 5 that no writing shows any time the marshal is present. 6 "On another subject, I explained that Mr. Fletcher 7 cannot talk to you during deliberations. Similarly, Mr. Grate 8 and his deputy cannot talk to you during deliberations. Any 9 request should be conveyed in writing and signed by the 10 foreperson with his juror identification number. 11 Is that satisfactory? 12 MR. RUHNKE: Yes, your Honor. 13 MS. BAKER: Yes, your Honor. 14 THE COURT: Okay. This will be marked as the next 15 Court Exhibit number and I just have to wait for Mr. Fletcher. 16 THE DEPUTY CLERK: Shall I replace the highlighters? 17 MR. TIGAR: They need the highlighters too. 18 THE DEPUTY CLERK: I will keep the highlighters. 19 THE COURT: Be careful, the tray is noticeably 20 unreliable. 21 I will tell Mr. Grate not to return the phone call and 22 I have already told him that I expected that that's what the 23 result would be. 24 MR. MORVILLO: Your Honor, you stated that you were 25 going to mark the letter from the press as a Court Exhibit, SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12419 5AD5SAT1 Deliberations 1 what Court Exhibit number did you give that? 2 THE COURT: This note to the jury will be 21 so the 3 note to the press will be Court Exhibit 22 -- from the press. 4 MR. TIGAR: May I hand the note back to Mr. Donnelly, 5 your Honor? 6 THE COURT: Yes. Thank you. 7 MR. TIGAR: Thank you. 8 THE COURT: Anything else? I will see you later. 9 (Recess pending verdict) 10 THE COURT: Please be seated, all. 11 (At 12:50 p.m., a note was received from the jury) 12 I have a note, it's marked Court Exhibit 23. The 13 parties are welcome to inspect. 14 13 January, '04. In case of an emergency, like 15 somebody can't make it to the van, is a juror allowed to call 16 Mr. Grate? If not, whom do we call? 17 Then there is a note, 550-LT-4, page 28 to 29. 18 Then there is a note: Paperclips. Number 329. 19 The parties are welcome to inspect. 20 First of all, Mr. Fletcher can take care of the 21 request for paper clips. And he tells me that he will provide 22 two different sizes. 23 Do the parties have 550-LT-4? 24 MR. RUHNKE: Your Honor, we have it upstairs. It's 25 one of our defense exhibits. We have it upstairs and I will, SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12420 5AD5SAT1 Deliberations 1 in a moment when your Honor releases me I will go up and get 2 the exhibit and bring it back. 3 THE COURT: All right. 4 MR. RUHNKE: They appear to only want pages 28 to 29 5 out of it so something will have to be done -- it is a bound 6 exhibit so something will have to be done to photocopy it. 7 I'm prepared to give them the whole exhibit. It's a 8 section of Mr. Yousry's thesis taken off the laptop. 9 THE COURT: Do the parties want to be heard on that? 10 Usually when exhibits are asked for it's the exhibit that's 11 given rather than to change in any way the exhibit that's in 12 evidence. 13 So, I mean when they ask for 550-LT-4, page 28 to 29, 14 we give them the exhibit that they ask for and say that those 15 pages -- either give them the exhibit that they asked for or 16 with a note that says here is the exhibit that contains page 28 17 and 29. 18 MR. RUHNKE: That's fine, your Honor. I am not 19 requesting a different position. 20 MS. BAKER: Your Honor, the government believes that 21 in light of the specificity of the jurors' request that they 22 should be given just those pages. We're not suggesting that 23 the original exhibit be unbound. Obviously those pages could 24 be photocopied and -- 25 THE COURT: It works -- let me -- it works both ways, SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12421 5AD5SAT1 Deliberations 1 you know? 2 MS. BAKER: I'm sorry, your Honor. There is one 3 related logistical point here. That exhibit does not actually 4 have page numbers on it and the determination of pages 28 to 5 29, we believe, was picked up by the jury from Mr. Barkow's 6 rebuttal in which he referred to the pages that way and we 7 determined the page numbers by counting from the front of the 8 document. 9 So, if the jury is given the entire document, they 10 would have to do the same in order to identify those pages 11 because they do not have pre-existing page numbers on them. 12 THE COURT: Well, they'll just have to count. 13 And the parties should be aware of this but it may be 14 that the jurors ask for specific pages of transcripts otherwise 15 in evidence which are in evidence as a single exhibit and 16 jurors should only be given the exhibits in evidence so when 17 you make copies of parts of the exhibits they're not the 18 exhibits in evidence and that's going to apply, you know. 19 As I say, it's a rule that applies both ways and they 20 may want individual parts of individual exhibits and whenever 21 they ask for it they get the exhibit with whatever instructions 22 are thought appropriate. 23 In this case, in view of what the parties said I would 24 tell them we are sending them 550-LT-4, which contains pages 28 25 and 29. And I'm sure they can count. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12422 5AD5SAT1 Deliberations 1 MR. RUHNKE: We agree, your Honor. 2 MR. TIGAR: We agree with that, your Honor. 3 I also point out that as to some exhibits such as 4 transcripts of phone calls, at various times the parties were 5 using PDF and WordPerfect versions that paginations could 6 differ so that that would be an additional reason to give the 7 whole exhibit. 8 We would request that the Court's note sending in the 9 exhibit repeat the limiting instruction that was given at the 10 time it was received, which was it's not offered for the truth 11 and also something about the human rights defense but it is an 12 out-of-court statement not claimed to be in furtherance. 13 MR. RUHNKE: Your Honor, I believe the limiting 14 instruction was it is offered not for the truth of the matters 15 asserted but only as relevant to Mr. Yousry's knowledge, intent 16 and state of mind. 17 THE COURT: You can find for me in the transcript what 18 it is that you want me to say in the note and you can talk to 19 the government and have some agreement on that. You all have 20 your computers. 21 On the last item, and I will -- the jurors could be 22 told that if there is an emergency, particularly relating to 23 transportation, they can leave a message on the marshal's cell 24 phone and the marshal will provide the cell phone number that I 25 can put in the note and I'm -- but the cell phone number should SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12423 5AD5SAT1 Deliberations 1 remain confidential. I have no problem showing the note to the 2 parties, I just don't want to read it into the record. And you 3 will have a copy of the note. 4 MR. TIGAR: That's agreeable to the defense, your 5 Honor. 6 THE COURT: Government? 7 MS. BAKER: That's fine, your Honor. 8 THE COURT: Why don't you take five minutes. 9 I thought, by the way, that you, that the exhibits 10 were readily accessible here in the courtroom. 11 MR. RUHNKE: If you want them in the courtroom that's 12 fine, your Honor. We thought it better not to leave them 13 sitting in the courtroom. 14 THE COURT: Maybe that's best. Just as long as we can 15 get to them quickly so we can respond to notes. 16 MR. TIGAR: Your Honor, the limiting instructions 17 for -- 18 THE COURT: Please talk to the government about it. 19 MR. TIGAR: I wanted to give your Honor the page 20 number for your Honor's convenience where it appears but I 21 won't if -- 22 THE COURT: No, it would be more convenient if you all 23 printed it out for me. You don't have the printers here? 24 Well, talk to each other about it. Thanks. 25 I'm also told that lunch is here, so as soon as we get SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12424 5AD5SAT1 Deliberations 1 this done you can, we will -- after that we'll hold the notes. 2 (Recess pending verdict) 3 THE COURT: Please be seated. 4 MR. RUHNKE: Your Honor, I have retrieved the exhibit 5 and given it to the government. The government is looking it 6 over right now. I was mistaken about it being bound, it was 7 actually in a loose-leaf binder. I was thinking of the 8 notebooks being bound. 9 MS. BAKER: Your Honor, as to the limiting 10 instruction, we agree with what Mr. Tigar was going to tell the 11 Court as to what the limiting instruction was that the Court 12 said at the time. And I'm happy to provide the page citation 13 and read that back. We would actually ask that the Court 14 clarify it a little bit along the lines that Mr. Ruhnke just 15 said. 16 What the Court literally said at the time -- 17 THE COURT: Could I just? If the parties agree on 18 what the limiting instruction should be I'm happy to give it. 19 MR. RUHNKE: Yes, I agree, your Honor, with Ms. Baker. 20 The limiting instruction you gave is actually a bit more 21 truncated but I think I understood why it was given and I think 22 the jury should have a proper instruction. 23 THE COURT: Could you just write it out between all of 24 you? 25 MS. BAKER: Sure. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12425 5AD5SAT1 Deliberations 1 MR. MORVILLO: Your Honor, shall I hand the exhibit up 2 or does anyone else want to inspect it? 3 MR. RUHNKE: Your Honor, the handwritten limiting 4 instruction is fine with the defense. 5 THE COURT: Okay. 6 It seems to me that this paragraph should be 7 introduced with the statement: It is subject to the following 8 limiting instruction. 9 MR. RUHNKE: That's fine, your Honor. 10 THE COURT: So that the jury doesn't think that I'm 11 simply giving them additional -- 12 MR. RUHNKE: We agree. 13 MS. BAKER: We agree as well, your Honor. 14 (Pause) 15 THE COURT: Okay, this will be marked as Court Exhibit 16 24. It reads: 17 Members of the jury, we are providing the paper clips 18 you requested. If there is an emergency, you can leave a 19 message on the marshal's cell phone -- and I indicate the 20 telephone number. 21 We are providing 550-LT-4 in which you will find pages 22 28-29. It is subject to the following limiting instruction: 23 This exhibit is not admitted for the truth of its contents, it 24 is admitted as evidence of Mr. Yousry's knowledge, intent and 25 state of mind. Knowledge of alleged human rights abuse in SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12426 5AD5SAT1 Deliberations 1 Egypt is not a defense to the charges in this case. 2 Satisfactory? 3 MR. RUHNKE: Yes, your Honor. 4 MS. BAKER: Yes, your Honor. 5 THE COURT: Mr. Fletcher has to get the clips from 6 across the street. Shall we send this note in and the exhibit 7 and the paper clips can go in later? 8 MR. RUHNKE: Yes, your Honor. 9 MS. BAKER: We agree. 10 THE COURT: It does say I'm sending them the paper 11 clips but we'll have to wait on that. Unless someone has a box 12 to go in now. 13 MS. BAKER: Actually, your Honor, we may have a little 14 baggie of paper clips. 15 THE COURT: Is that all right with everyone? Both 16 sides can contribute. 17 MR. RUHNKE: Ours are upstairs, your Honor. 18 MR. FALLICK: Your Honor, we have paper clips that 19 would take us two minutes to get. 20 THE COURT: Let's wait so that we have -- so that I 21 don't have to rewrite the note or anything. Let me return to 22 you the note, the instruction that you wrote out for me. 23 Let's hold it up until we get the paper clips and then 24 we will send it in. While I'm waiting -- while' we're all 25 waiting, I wanted to -- the note and the exhibit can go in. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12427 5AD5SAT1 Deliberations 1 Whoever wrote out the instruction we will return it to 2 you because it is included in the note now. The only thing 3 that goes in to the jury is the Court note, the exhibit and 4 paper clips, which we are waiting on. 5 Let me see the -- 6 Court Exhibit 24, MY-550-LT-4 and paper clips. 7 While we are waiting for the paper clips, Mr. Fletcher 8 advises me that there was a request from the media for a copy 9 of the verdict form. The verdict form is not yet in the 10 record, I didn't read it, but I don't have any -- I don't have 11 any -- it's not confidential in any way. 12 MR. RUHNKE: We don't see any difficulty with 13 providing the press with a copy of the verdict form. 14 THE COURT: So the parties can provide it to the 15 media. 16 Okay, does anyone want to inspect this one last time 17 before it goes in? Paper clips -- apparently two different 18 kinds. Show them all to the parties. 19 MR. RUHNKE: We saw it. 20 MS. BAKER: Your Honor, they were shown. 21 THE COURT: Okay, all right. 22 The jury has lunch so we will hold notes until 2:15. 23 MR. RUHNKE: 2:15. Thank you, your Honor. 24 MS. SHELLOW-LAVINE: Thank you, your Honor. 25 THE COURT: And the courtroom will be locked during SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12428 5AD5SAT1 Deliberations 1 lunch. 2 (Luncheon recess) 3 (Continued next page) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12429 51D5SAT1 Deliberations 1 A F T E R N O O N S E S S I O N 2 2:42 p.m. 3 THE COURT: Please be seated, all. 4 I have several notes. Court Exhibit 25, which was 5 marked at 2:30: 13 January '04 -- 13 January '04. Judge 6 Koeltl, may we please have the following exhibits? 1062X, 7 number 3, 1002X, 1003X, 1707X, 1005X, 1016X, 1044X, 1071X, 8 1119X, 1029X, 1030X. Also, all -- underlined -- the SAMs and 9 all -- underlined -- the attorney affirmations. Number 329. 10 Court Exhibit 26. 13 January, '05. Judge Koeltl, 11 1710, AS-2T, 7T, MY-1714X. Thanks, 329. 12 Court Exhibit 27. Judge Koeltl, 13 January, '04. We 13 will be leaving at 4:15 p.m. today. Number 329. 14 I will give the notes to the parties, you can examine 15 them. Gather together the exhibits. 16 It may take you a moment to gather the exhibits and it 17 seems to me that it might be a good idea to send a note to the 18 jury that says: Members of the jury, we are collecting the 19 exhibits that you requested and will send them to you when they 20 are collected. Do you wish to sit tomorrow and Monday? 21 -- which they have not yet told us. 22 Do the parties agree? 23 MR. PAUL: Yes. 24 MR. RUHNKE: Yes, your Honor. 25 MR. TIGAR: Yes, your Honor. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12430 51D5SAT1 Deliberations 1 THE COURT: As you will see, the envelopes are marked 2 by the Court Security Officer. One was marked 2:00 p.m., the 3 other is 2:35. 4 One was marked by the CSO, the other was, looked like 5 it was marked by the juror as to time. 6 (Pause) 7 THE COURT: Ladies and gentlemen, I propose to send 8 the following note to the jury which would be Court Exhibit 28: 9 Members of the jury, we are gathering the exhibits that you 10 requested and will provide them to you when they are gathered. 11 Please let us know whether you wish to sit tomorrow, which is 12 Friday; and on Monday. 13 Is that satisfactory? 14 MR. RUHNKE: Yes, your Honor. 15 MR. PAUL: Yes, your Honor. 16 THE COURT: All right. 17 I have another issue while you are looking for that. 18 I spoke to Mr. Grate and he will have the jurors' checks 19 processed. He would put them in envelopes with the jurors' 20 numbers on them and when they're ready he will provide them to 21 the marshal. I will let you know about that. 22 There is one other issue that he raised with me with 23 respect to jurors' compensation. At least one juror gets 24 parking and tolls which have to be submitted in order to be put 25 into the check. So, I told him just not to include it in this SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12431 51D5SAT1 Deliberations 1 check because it hasn't been provided yet. If the juror raises 2 it we will deal with it. If not, it will be taken care of at 3 the end. 4 The alternative is to send a note in to the jury that 5 says if anyone has parking and tolls information that they 6 would like to provide, provide it to the marshal. 7 MR. RUHNKE: I don't think we have a preference, your 8 Honor. I think either way -- probably the first one makes more 9 sense. 10 THE COURT: All right. When the juror gets the check 11 and sees that there is no parking and tolls in it and if the 12 juror needs parking and tolls I assume that the juror will 13 bring it to our attention. 14 MR. RUHNKE: I would think so. 15 THE COURT: Okay. 16 Please examine Court Exhibit 28, which is the note 17 that I just read to you, and then we will give it to the 18 marshal to send in to the jury. 19 MR. FALLICK: Your Honor, one of the exhibits, 7T, I 20 assume it's AS-7T, that's an English transcript. It was a call 21 in English that was only given to the jury as an aid. We could 22 tell the jury that you are entitled to listen to the phone call 23 but it was only given as an aid. 24 THE COURT: We could provide them with a piece of 25 equipment -- we could provide them with, I assume, a piece of SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12432 51D5SAT1 Deliberations 1 equipment and the recording with an appropriate instruction 2 that AS-7T was only an aid to their listening to the recording 3 which is in evidence. We will provide them with a machine and 4 the recording and the transcript as an aid to their listening 5 to it. 6 MS. BAKER: Your Honor, I'm not sure about the 7 feasibility of providing them with a way to play it for 8 themselves in the jury room. It's either a CD or DVD and would 9 have been played here in the courtroom on a laptop computer 10 with special software on it. And I don't know that we could 11 play it any other way and I don't know that we have a laptop 12 with just the software that doesn't also have all sorts of 13 other materials that should not appropriately be given to the 14 jury. 15 So, for that one exhibit my suggestion would be to 16 bring the jury into the courtroom and play the recording here 17 in the courtroom while displaying -- 18 MR. FALLICK: We would agree. 19 MS. BAKER: -- while displaying the transcript and 20 they can be sent back in to continue their deliberations. 21 THE COURT: Fine. 22 MR. MORVILLO: Your Honor, that exhibit also -- not 23 that exhibit but the DVD containing that exhibit has many other 24 audio files on it that are not in evidence. 25 MR. FALLICK: Right. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12433 51D5SAT1 Deliberations 1 THE COURT: Fine. 2 MS. BAKER: And your Honor, the parties will, in the 3 course of gathering the exhibits, have to speak to each other 4 because some of the exhibits have limiting instructions 5 including that one and also the Yousry call that was requested. 6 THE COURT: I'm sorry. Could you repeat that? 7 MS. BAKER: I was just saying that the Sattar exhibit 8 that we were just discussing has a limiting instruction, as do 9 some of the other exhibits that have been requested, including 10 the Yousry call; so the parties will have to resolve that issue 11 in the course of gathering the exhibits. 12 THE COURT: Fine. 13 I have a message from the jury which will be Court 14 Exhibit 29. It reads: Judge Koeltl, the jury will not be 15 sitting on Monday, 17 January, '05. We will resume Tuesday the 16 18th. Have a nice weekend. P.S. We will not be sitting this 17 Friday. May we have fresh coffee at 2:00 p.m. instead of 3:00? 18 Number 329. 19 That will be Court Exhibit 29 and the parties are 20 welcome to inspect. 21 (Pause) 22 THE COURT: Ladies and gentlemen, things are coming so 23 quickly I took that juror note as a response to my note. It 24 was not, it was sua sponte. 25 The note which was Court Exhibit 28 has not yet gone SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12434 51D5SAT1 Deliberations 1 in, so I will change Court Exhibit 28 to remove the last 2 paragraph and just say we are gathering the exhibits that you 3 requested and will provide them to you when they are gathered. 4 Do we have any idea about what the time might be? 5 MR. FALLICK: I'm sorry, your Honor? 6 THE COURT: Do we have any idea how long it would 7 take? 8 MS. BAKER: Your Honor, I would estimate 15 minutes, 9 maybe. We have some already ready for the defense to review 10 and we are compiling the rest. 11 MR. RUHNKE: We have found our one exhibit, your 12 Honor. 13 MS. SHELLOW-LAVINE: And we have ours. 14 MR. FALLICK: Your Honor, if the jury does ask to hear 15 AS-7T we would be able to scroll, as we did, the transcript for 16 them. 17 THE COURT: Right. 18 MR. PAUL: We are just going down to set that up, your 19 Honor. 20 (Pause) 21 THE COURT: Ladies and gentlemen, could I have your 22 attention just for a moment, please? Court Exhibit 28 would 23 now read: Members of the jury -- and please listen because I 24 have changed it to add another paragraph -- Members of the 25 jury, we are gathering the exhibits that you requested and will SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12435 51D5SAT1 Deliberations 1 provide them to you when they're gathered. You have informed 2 us that you wish to adjourn today at 4:15 p.m. and that is 3 fine. I will call you back to the courtroom for instructions 4 before you adjourn. 5 Satisfactory? 6 MR. RUHNKE: We agree, your Honor. 7 THE COURT: That is the new Court Exhibit 28 and I 8 will destroy the old Court Exhibit 28 which never went to the 9 jury. Please inspect Court Exhibit 28 before the marshal takes 10 it. 11 MR. RUHNKE: That's fine, your Honor. 12 THE COURT: Counsel for Mr. Sattar? 13 MR. RUHNKE: They said they were satisfied with it. 14 THE COURT: All right. All right. The note is going 15 to the jury. 16 (Recess pending verdict) 17 THE COURT: Please be seated, all. 18 MS. BAKER: Your Honor, my understanding of where we 19 are, and certainly defense counsel can correct me if I am 20 wrong, we have compiled the government telephone call 21 transcripts that were requested, those were the items like 22 1062X and so on. And those have been reviewed by defense 23 counsel and none of those are subject to any limiting 24 instructions so those are all ready together. 25 We also have the two prison visit excerpted SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12436 51D5SAT1 Deliberations 1 transcripts that were requested that is Government's Exhibits 2 1707X and 1710X. Those are ready to go. We have the Yousry 3 telephone call that they requested which is MY--1714X. We have 4 the Sattar call that they requested, which is AS-2T, and then 5 there is also AS-7T, which is the one I advised your Honor 6 which is in English which the jury would have to come into the 7 courtroom for. 8 The last three items that I mentioned, the one Yousry 9 call and the two Sattar calls, are subject to limiting 10 instructions. They are all subject to limiting instructions 11 that essentially boil down to not for the truth but only for 12 the particular defendant's state of mind. I have written out 13 the particulars of those instructions. Defense counsel have 14 approved them and I will hand that up to the Court. 15 In addition, AS-72, which is the call that is in 16 English, when the jury is in the courtroom and that is being 17 presented to them, the Court might wish to remind the jury that 18 the recording is the evidence and the transcript itself is 19 merely an aid. 20 THE COURT: I do that in the note that I have sent to 21 them because I tell them that -- I will tell them that the 22 recording is evidence, AS-7T is just an aid. So, when you're 23 ready to listen to AS-7T, let us know, we will call you back in 24 the courtroom so that you can listen to the recording and see 25 the transcript, which is an aid. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12437 51D5SAT1 Deliberations 1 MS. BAKER: That would be fine with the government, 2 your Honor. 3 And so that, as I understand it, covers everything 4 except the request for all SAMs and all attorney affirmations. 5 And as to that request, the parties are still conferring about 6 which documents are encompassed within that request. 7 So, we might, if everyone agrees, send these other 8 exhibits in to the jury and let them know that we're working on 9 that additional request. 10 There is one item of overlap which is that the first 11 note included a request for, quote, number 3, unquote. To the 12 extent that that's a request for Government Exhibit 3, 13 Government Exhibit 3 is a SAMs-related document so that item is 14 also encompassed within that other request for all SAMs and 15 attorney affirmations. 16 THE COURT: Do the parties agree with all of that? 17 MR. RUHNKE: Yes. 18 MR. PAUL: Yes. 19 MS. SHELLOW-LAVINE: Yes, your Honor. 20 MR. PAUL: Your Honor, you perhaps might want to add 21 to that note that we're all set up and ready to go with 7T and 22 so it might be advisable -- I think it's about a 15-minute call 23 and if they want to listen to it before the 4:15 recess this 24 might be the time to do it. 25 I don't know if your Honor wants do that or not. I SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12438 51D5SAT1 Deliberations 1 would suggest that. 2 THE COURT: I will tell them that it will take -- let 3 us know when you want to listen to AS-7T, it will take about 15 4 minutes. 5 MR. PAUL: We are set to go. The entire call, the 6 time of the call is 15 minutes long. 7 THE COURT: Fine. I will tell them that we are 8 prepared to play it for you now or at any time you wish. 9 MR. PAUL: That would be fine. 10 THE COURT: Do you want me to list the -- might as 11 well -- the specific exhibits that they requested in the note? 12 MS. BAKER: Your Honor, we don't believe that it's 13 necessary to list back to them items for which they had already 14 provided us with a specific exhibit number. 15 THE COURT: Okay. 16 Defense agrees with that? 17 MR. PAUL: Yes. 18 THE COURT: Okay. 19 So it would be fair to say that I am providing you the 20 transcripts that you requested except for AS-7T which is 21 explained below. 22 MS. BAKER: Your Honor, that's AS-7T, as in 23 transcript. 24 THE COURT: AS-7T, which is discussed below. 25 MR. PAUL: Yes. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12439 51D5SAT1 Deliberations 1 MR. FALLICK: Yes. 2 MS. BAKER: Your Honor, while you're continuing to 3 write the note to the jury, I have passed all of the exhibits 4 that I enumerated up to Mr. Fletcher. Ms. Shellow-Lavine has 5 requested another opportunity to look at them so perhaps she 6 could do that again while you are continuing to write. 7 THE COURT: Sure. Sure. 8 Is it fair to say that it's -- I'm taking your 9 instruction with respect to AS-2T and AS-7T, and it says those 10 exhibits are received in evidence, not for the truth of the 11 statements. I'm going to explain 7T as only an aid in a moment 12 but I began by saying AS-2T and 7T are both subject to the 13 following limited instruction and AS-2T is subject to the 14 following instruction below. 15 I was going to say AS-2T and the recording underlying 16 AS-7T are received in evidence, not for the truth sue. 17 MS. BAKER: Your Honor, the government has no 18 objection to that. In our view, if aids to the jury are in 19 evidence as aids, that we believe that that's fine as far as 20 terminology. 21 THE COURT: So you don't care if I say those exhibits 22 are received in evidence not for the truth of the statements? 23 MS. BAKER: No, your Honor. In fact, that was what 24 was actually said at the time because there were a number of 25 Sattar telephone call exhibits received as a group. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12440 51D5SAT1 Deliberations 1 MR. FALLICK: That's fine. 2 THE COURT: Okay. 3 MR. PAUL: Your Honor, does the instruction also 4 include not for the truth but for state of mind? 5 THE COURT: Yes. 6 MR. PAUL: I just wanted to make sure. Thank you. 7 (Pause) 8 THE COURT: Here's the note that I propose to send to 9 the jury. The parties are welcome to inspect it. 10 Members of the jury, I am providing you the 11 transcripts that you requested except for AS-7T which is 12 discussed below. 13 MY-1714X is subject to the following limiting 14 instruction: Mr. Yousry's statements are not admitted for 15 their truth but only as to evidence of his knowledge, intent or 16 state of mind. And any statements by any other people on the 17 recording are not admitted for their truth but only for their 18 effect, if any, on Mr. Yousry's knowledge, intent or state of 19 mind. 20 AS-2T and AS-7T are both subject to the following 21 limiting instruction and AS-7T is also subject to an additional 22 instruction explained below. AS-2T and AS-7T are received in 23 evidence not for the truth of the statements in the exhibit but 24 solely with respect to Mr. Sattar's knowledge, intent and state 25 of mind. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12441 51D5SAT1 Deliberations 1 AS-7T is the transcript of an English language 2 recording. Therefore, it is only an aid to the jury's 3 understanding of the underlying recording. When you are ready 4 to listen to the recording we will call you back to the 5 courtroom and play the recording and show you AS-7T, at that 6 time, as an aid. We are prepared to play that recording for 7 you now or at any time you request. It takes about 15 minutes 8 to play. Just let us know when you want to listen to it. 9 We are gathering the SAMs and attorney affirmations 10 you requested. 11 MR. FALLICK: Your Honor? 12 MS. BAKER: Your Honor. 13 MR. FALLICK: It's AS-7T, not AS-7T. 14 MS. BAKER: It's the number 7 and the letter T. 15 THE COURT: I know. I have it written AS-7T. 16 MR. FALLICK: It's coming up in LiveNote as AS-7T. 17 THE COURT: It is a misperception between myself and 18 the reporter. I have it A-S, number 7, capital T. 19 Is that satisfactory? 20 MS. BAKER: Yes, your Honor. 21 MR. FALLICK: Yes. 22 THE COURT: Okay. This will be Court Exhibit number 23 30. January 13. Two-page note. 24 MS. SHELLOW-LAVINE: Your Honor, I have reviewed the 25 exhibits that Ms. Baker provided to Mr. Fletcher and they are SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12442 51D5SAT1 Deliberations 1 fine and I will return them to him. 2 MR. RUHNKE: Your Honor, we have reviewed your note 3 and it is fine with the defense. 4 THE COURT: All right, the note and transcripts may 5 then be given to the marshal to be taken to the jury. 6 THE DEPUTY CLERK: Your Honor, I am giving it to him. 7 THE COURT: Fine. Let me return to Ms. Baker the 8 notes from the proposed limiting instructions. 9 MS. BAKER: Thank you. 10 THE COURT: We will wait for another advice from the 11 jury about what they want. Are the parties collecting the SAMs 12 and the attorney affirmations? 13 MS. BAKER: Your Honor, the government has collected 14 what it believes to be the relevant universe of government's 15 exhibits and we are awaiting comment from the defense about 16 that. 17 The defense assembled its exhibits and the government 18 has reviewed those and agrees with those. 19 THE COURT: Okay. 20 Let me raise another issue with you while we're 21 waiting on that and the jurors. 22 With respect to lunch for the jurors, I'm told that 23 the jurors didn't get one or more of their lunches, which has 24 happened before. And they wrote on a yellow post-it with what 25 the lunch or lunches was that they didn't get and gave it to SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12443 51D5SAT1 Deliberations 1 the marshal and that's what Mr. Fletcher suggest the procedure 2 be. 3 Do the parties want any -- to deal with that situation 4 in any other way? 5 MS. BAKER: No, your Honor. As long as the post-it 6 notes contain nothing but lunch orders we don't believe that we 7 need to see them or they need to be dealt with in any other 8 way. 9 MR. RUHNKE: We agree with that, your Honor. 10 THE COURT: All right. 11 MR. TIGAR: Your Honor, by way of explanation, the 12 reason the SAM issue is taking time is there are 57 potentially 13 responsive documents. 14 THE COURT: That's fine. 15 MR. TIGAR: And they're scattered through the record 16 with wildly different exhibit numbers, so that's why we are 17 double-checking. 18 THE COURT: Absolutely. Fine. 19 Are you going to provide them with only one copy of 20 each SAM? 21 MR. RUHNKE: I think that's the plan, your Honor. 22 Yes. Unless the government has a different view. When you say 23 a copy of each SAM, I think we're going to provide them with 24 every SAM that bears an exhibit number no matter when or how it 25 came about. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12444 51D5SAT1 Deliberations 1 THE COURT: So it's more than -- so there will be 2 several copies of the same SAM. 3 MR. RUHNKE: That's right. 4 MR. TIGAR: Yes, your Honor. 5 MS. BAKER: Just to make sure I understood your 6 Honor's question, you did not mean more than one copy of each 7 thing with the same exhibit number, correct? 8 THE COURT: Right. 9 MS. BAKER: You mean if the same document had been 10 found in two different searches and given two different exhibit 11 numbers. 12 THE COURT: Right. Every copy of a SAM, even if it's 13 the same SAM, if it went in under different exhibit numbers. 14 MR. TIGAR: Yes, your Honor. It was our view since 15 they underlined the word "all" each time they used it that was 16 the responsive situation. 17 THE COURT: That's fine. 18 Do you think that we possibly will not be able to send 19 those exhibits to the jury today? 20 MS. SHELLOW-LAVINE: Your Honor, we will not be able 21 to send those exhibits to the jury today. 22 THE COURT: Okay. 23 I have another matter which I'm prepared to take. I 24 don't think you all have to move from where you are. It's a 25 status conference in another case and there is nothing that I SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12445 51D5SAT1 Deliberations 1 can do until you give me something else or I hear from the 2 jury. 3 I'm prepared to take the other matter. 4 MR. PAUL: That's fine. 5 MR. RUHNKE: Sure. 6 (Recess pending verdict) 7 THE COURT: The marshal raises the question how, 8 whether he should just knock on the door -- it's about 4:15 -- 9 or whether I should send another note in. 10 MR. RUHNKE: I think you should. I think the marshal 11 should just knock on the door and say it's 4:15. 12 THE COURT: I'm -- 13 MR. PAUL: We need our client. 14 THE COURT: Yes. 15 Hold on. (Pause) 16 The marshal will knock on the door and bring the jury 17 in. I will give the same instructions as I gave last evening 18 except I will tell them that we will provide the SAMs and 19 attorney affirmations on, for them on Tuesday morning when they 20 return. 21 Another note, this is Court Exhibit 31. Judge Koeltl, 22 evidence we need for Tuesday, MY-1231X or Y, it's not clear; 23 MY-1730X1; GX-1030X; MY-1207X; MY-1231X; GX-1193X, MY 1717X. 24 I will tell them when they come in that I've gotten 25 their note and will provide them with the SAMs, attorney SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12446 51D5SAT1 Deliberations 1 affirmations and the additional transcript that they requested 2 on Tuesday morning. 3 And the parties are welcome to inspect the note and 4 gather the exhibits so that they're ready on Tuesday morning, 5 but let's -- is that satisfactory with everyone? 6 Okay, let's bring in the jury. 7 MR. RUHNKE: Your Honor, could we get a copy of the 8 last note before the end of the day? 9 THE COURT: Sure. 10 THE DEPUTY CLERK: This one. 11 MR. RUHNKE: That one. 12 (Continued on next page) 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12447 51D5SAT1 Deliberations 1 (Jury present) 2 THE COURT: Please be seated, all. 3 Good afternoon, ladies and gentlemen. 4 THE JURY: Good afternoon, your Honor. 5 THE COURT: It's good to see you all. 6 THE JURY: It is good to see you. 7 THE COURT: Ladies and gentlemen, I have received your 8 most recent note asking for certain additional exhibits. We 9 will gather those exhibits for you, along with the SAMs and 10 attorney affirmations, and provide those materials for you 11 first thing on, or early on Tuesday morning. 12 And I understand that you want to resume on 13 deliberations on Tuesday morning and that's fine. I want to 14 repeat to you and remind you of all of the instructions that I 15 gave you yesterday afternoon and evening, which are the same 16 instructions that will continue to apply throughout your 17 deliberations. 18 When you leave the courtroom at the end of the day you 19 are not to talk about the case at all because you will be in 20 the process of leaving and that's not a situation which is 21 conducive to deliberations. Deliberations should only occur 22 when all 12 of you are there discussing the case. 23 So, when you leave and go to the jury room, get your 24 things and go off, don't talk about the case at all. Don't 25 talk about the case in the vans, don't talk about the case at SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12448 51D5SAT1 Deliberations 1 home with anyone. Don't talk about the case when you come back 2 on Tuesday morning, don't talk about it in the vans, don't talk 3 about it when you have reassembled until you are all here and 4 the foreperson advises the marshal that you are all here and 5 you are ready to start deliberating and then you can start 6 deliberating. 7 The marshal then informs us so you can just give the 8 note to the marshal that you are here, ready, that you are 9 deliberating, and then you can start deliberating. 10 So, don't talk about the case from the time that you 11 leave here until the time that you again start to deliberate on 12 Tuesday morning when the foreperson has told us that you are 13 going to continue to deliberate. 14 When you go home, don't talk about the case at all. 15 Now, remember to leave any notes, documents, exhibits 16 in the jury room. Don't take any of those things home. 17 Remember not to look at or listen to anything to do with the 18 case when you leave and over the weekend. Don't look at or 19 listen to anything to do with the case. If you should see or 20 hear something inadvertently, please simply turn away. 21 So, don't talk about the case, don't look at or listen 22 to anything to do with the case, leave anything to do with the 23 case in the jury room. 24 Have a very good weekend and holiday, and I look 25 forward very much to seeing you next week. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12449 51D5SAT1 Deliberations 1 All rise, please. Please follow the marshal to the 2 jury room. 3 (Continued on next page) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12450 51D5SAT1 Deliberations 1 (Jury not present) 2 THE COURT: All right. Please be seated, all. 3 If you wait, Mr. Fletcher can probably provide you 4 with the copies of the notes from today, including the last 5 note. And if you would make sure that you have gathered all 6 the materials so that we can begin promptly on Tuesday? Please 7 be here by 9:30 on Tuesday morning. 8 Is there anything else? No. All right, have a good 9 weekend. 10 MR. RUHNKE: Thank you, your Honor. 11 (Adjourned to 9:30, Tuesday, January 18, 2005.) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300