12560 51K5SATF 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 20, 2005 8 9:17 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 (212) 805-0300 12561 51K5SATF Deliberations 1 (Deliberations resumed) 2 THE COURT: Good morning, all. Please, be seated. 3 The marshal told me that everyone was here and I am 4 going to distribute a proposed note to send in to the jury 5 which incorporates the note that I indicated yesterday and the 6 limiting instructions that were included in the government's 7 letter last night. It is easier for to you have it in front of 8 you but I will read it. It will be marked as the next number. 9 Members of the jury: We are providing to you the 10 transcripts of the July 2001 prison visit as you requested. 11 These transcripts are subject to the following limiting 12 instructions: 13 "Statements by Omar Abdel Rahman regarding his prison 14 conditions, health conditions and treatment, or mental or 15 psychological condition are not admitted to prove the truth of 16 any matters asserted therein." 17 This stipulation applies to these transcripts and to 18 Government Exhibit 1707X and 1710X, which have already been 19 provided to you: 20 "The parties stipulate and agree that the admitted 21 portions to these transcripts resulted from the negotiations 22 between the parties and include the portions that the 23 government believed are relevant to the issues in this case, as 24 well as those portions that the defendants believe are relevant 25 to the issues in this case." SOUTHERN DISTRICT REPORTERS (212) 805-0300 12562 51K5SATF Deliberations 1 One exhibit that you requested, Government Exhibit 2 1713, is a recording that corresponds to a portion of the May 3 2000 prison visit. You already have some of the transcripts of 4 that visit. Please let us know if you wish anything in 5 addition. 6 We will now call you back into the courtroom to see 7 and hear the other exhibits that you requested yesterday. The 8 transcripts of the English language calls are an aid to your 9 listening to the recordings of the English language calls. 10 With respect to LS-701T, LS-702X and LS-705T and the 11 corresponding recordings, these exhibits are subject to the 12 following limiting instruction: 13 "The exhibits are received not for the truth of any of 14 the matters asserted in the exhibits." 15 With respect to AS-7T, that transcript and the 16 corresponding recording were, "received in evidence not for the 17 truth of the statements in the exhibit but solely with respect 18 to Mr. Sattar's knowledge, intent and state of mind." 19 That will be Government Exhibit -- that's Court 20 Exhibit 48. 21 Is that satisfactory? 22 MR. RUHNKE: Yes, your Honor. 23 THE COURT: Have you checked it against the letter and 24 all? 25 MS. SHELLOW-LAVINE: I have checked it, your Honor. SOUTHERN DISTRICT REPORTERS (212) 805-0300 12563 51K5SATF Deliberations 1 THE COURT: Today is the 20th? Yes? 2 THE DEPUTY CLERK: Yes. 3 THE COURT: Here is the note. Mr. Fletcher will mark 4 it, the parties should inspect it. 5 MS. BAKER: Your Honor, I have the transcripts of the 6 July 2001 prison visit here and available for defense counsel 7 to inspect; those are Government's Exhibits 1716X, 1717X, 8 1720X, 1721X and 1722X. 9 MR. RUHNKE: Your Honor, we have looked at your note. 10 It is satisfactory. 11 THE COURT: All right. The note will then go in with 12 the exhibits. Have the parties inspected the exhibits that are 13 going in with the note? 14 MS. SHELLOW-LAVINE: I have just finished inspecting 15 the exhibits, your Honor, and they are satisfactory and I will 16 hand those to -- 17 THE DEPUTY CLERK: Those gentlemen? 18 MR. PAUL: We will trust Ms. Shellow-Lavine. 19 THE DEPUTY CLERK: Giving the exhibits and the note to 20 the marshal. 21 (At 9:23 a.m., a note was received from the jury) 22 THE COURT: The jurors sent out their meal orders. We 23 will give them to the marshal. 24 Do the parties have everything keyed up to play for 25 the jury? SOUTHERN DISTRICT REPORTERS (212) 805-0300 12564 51K5SATF Deliberations 1 MS. SHELLOW-LAVINE: I believe that we have the first 2 three recordings, since they requested them in chronological 3 order, your Honor. To the best of my knowledge we are ready to 4 go. Mr. Habib is going to sit at the government counsel table 5 to operate the electronics and I'm going to flip pages on the 6 Elmo. 7 THE COURT: All right. 8 MR. FALLICK: Your Honor, we are -- we are ready to 9 play, I think it is the last exhibit, AS-7T, Ms. Rauch is going 10 to play the exhibit and show the transcript to the jury. 11 MS. BAKER: And the government is ready to present its 12 two calls. 13 THE COURT: All right. 14 I have a note from the jury. Court exhibit, I have 15 marked it Court Exhibit 49 dated today: Judge Koeltl, we are 16 ready to see the exhibits. Number 329. 17 And the parties are welcome to inspect. 18 Can I talk to the lawyers at the side bar before we 19 bring in the jury? 20 (Pages 12565-12566 SEALED by order of the Court) 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS (212) 805-0300 12567 51K5SATF Deliberations 1 (In open court) 2 MS. SHELLOW-LAVINE: Your Honor? 3 THE COURT: Yes. 4 MS. SHELLOW-LAVINE: It appears we have the technology 5 to scroll the transcripts so I am not going to stand at the 6 Elmo. I am going to refer to Mr. Habib's technological skill. 7 THE COURT: Okay. 8 (Continued on next page) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS (212) 805-0300 12568 51K5SATF Deliberations 1 (Jury present) 2 THE COURT: Please be seated, all. 3 Good morning, ladies and gentlemen. 4 THE JURY: Good morning, your Honor. 5 THE COURT: It is good to see you all, as always. 6 A JUROR: Thank you. 7 THE COURT: Ladies and gentlemen, you have asked to 8 see and hear certain exhibits, and so those exhibits will be 9 played for you while the transcripts are displayed for you. 10 And they're subject to all of the instructions that I have 11 indicated in my note to you. 12 All right, we can begin. And what I would ask is that 13 when the lawyers display, play the recording and display the 14 transcript, that they indicate what's being played and 15 displayed. 16 And, ladies and gentlemen, you asked that these be 17 done in chronological order so they'll be done in chronological 18 order. 19 MS. SHELLOW-LAVINE: Your Honor, the first exhibit 20 that's going to be played is a telephone call, it's identified 21 as LS-705T. It occurred on May 17, 2000 at 21:16:22. It's a 22 conversation between Mohammed Yousry and Lynne Stewart. 23 (Whereupon, Defendant's Exhibit LS-705T, in evidence, 24 was played and displayed for the jury) 25 MS. SHELLOW-LAVINE: Your Honor, the next recording to SOUTHERN DISTRICT REPORTERS (212) 805-0300 12569 51K5SATF Deliberations 1 be played is LS-701T, it is also a telephone conversation 2 between Mr. Yousry and Ms. Stewart; it occurred on June 16th, 3 2000 at 8:57:01 in the morning. 4 THE COURT: All right. 5 (Whereupon, Defendant's Exhibit LS-701T, in evidence, 6 was played and displayed for the jury) 7 THE COURT: Let me stop just for a moment. Stop. 8 I -- you know, the recordings are played loudly enough 9 to listen in court and I didn't advise the jurors to put on 10 their headsets. I realize that some jurors have put on their 11 headsets and some have not and you are welcome, of course, to 12 put on the headsets. In fact, it would be a good idea if you 13 did. 14 If anyone wants us to begin again on either of the 15 recordings, just raise your hand, otherwise we'll pick up here. 16 And we usually listen to the recordings with the 17 headphones on and it would be easier for you to listen with the 18 headphones on. So, you can put the headphones on and -- does 19 everyone have their headphones? Okay. 20 And if anyone wants any part replayed, just raise your 21 hand. 22 No hands. Okay. 23 MS. SHELLOW-LAVINE: Your Honor, my understanding is, 24 as a matter of technology, the tape is going to start back at 25 the beginning having stopped it at this point. SOUTHERN DISTRICT REPORTERS (212) 805-0300 12570 51K5SATF Deliberations 1 THE COURT: I'm sorry if I have delayed you, ladies 2 and gentlemen. Again, it is my responsibility for not 3 mentioning the headphones. 4 (Whereupon, Defendant's Exhibit LS-701-T, in evidence, 5 was played and displayed for the jury) 6 THE COURT: All right. 7 MS. SHELLOW-LAVINE: Your Honor, the next exhibit is a 8 recording, it's identified as LS-702X, it is on June 16th of 9 2000, at 14:40:33, or 2:40:33; the participants are, again, 10 Mohammed Yousry and Lynne Stewart. 11 THE COURT: Does everyone have their headsets and are 12 they all working? Does everyone have their headsets and all 13 are working? 14 THE JURY: Yes. 15 THE COURT: Put on your headsets, make sure to turn 16 them on. 17 (Whereupon, Defendant's Exhibit LS-702X, in evidence, 18 was played and displayed for the jury) 19 THE COURT: Hold on. Could we take a break, ladies 20 and gentlemen? We will let the jury go to the jury room. 21 All rise, please and the jury may go to the jury room 22 and we will call you back after 10 minutes. 23 (Continued on next page) 24 25 SOUTHERN DISTRICT REPORTERS (212) 805-0300 12571 51K5SATF Deliberations 1 (Jury not present) 2 THE COURT: Please be seated, all. One juror 3 indicated the need to have a break. Since the jury is taking a 4 break, if anyone thought that they needed a break I could take 5 five minutes and resume. I especially am not going to call the 6 jury in until they're all here, so if you need a break? 7 MR. PAUL: May we take five minutes? 8 THE COURT: Yes, sure. 9 (Recess) 10 THE COURT: Please be seated, all. 11 I'm just going to wait until the marshal brings the 12 jury back. If there is a reasonable delay I will have the 13 marshal knock on the door to bring the jury back. But other 14 than that, I will just wait. 15 To avoid the uncertainty, unless it is resolved 16 otherwise, I drafted a note to the jury which reads: Members 17 of the jury, please knock on the door to let the marshal know 18 when you are ready to return to the courtroom. 19 MR. RUHNKE: That's fine, your Honor. 20 MR. MORVILLO: Your Honor, I would note that when they 21 left you told them you would call them back in 10 minutes. 22 THE COURT: That's the note that the parties should 23 inspect and I will have Mr. Fletcher give it to the marshal. 24 Is the note satisfactory? 25 MR. RUHNKE: Yes, your Honor. SOUTHERN DISTRICT REPORTERS (212) 805-0300 12572 51K5SATF Deliberations 1 MS. BAKER: Yes, Judge. 2 THE COURT: All right. Mr. Fletcher is going to give 3 it to the marshal and it will be marked as the next Court 4 exhibit number. 5 (Pause) 6 THE COURT: Mr. Fletcher gave it to the CSO who is 7 outside the jury room. 8 (Pause) 9 THE COURT: Mr. Fletcher has a message from another 10 judge for one of the lawyers with respect to another appearance 11 so he will give it to the lawyer personally. 12 (Pause) 13 (At 10:27 a.m., a note was received from the jury) 14 THE COURT: I have two notes from the jury. Court 15 Exhibit 51 reads as follows: 16 May we listen to LS-702X again? Number 329. 17 And the answer to that is of course. 18 And then a note which reads: Judge Koeltl -- this is 19 Court Exhibit 52 -- may we have the following transcripts? 20 LS-701T, LS-702X, LS-705T, 1193X, 1220X and 2657. 21 The parties are welcome to inspect and -- 22 MS. SHELLOW-LAVINE: Your Honor, we need to go get 23 Mr. Habib in order to replay the requested LS exhibit. 24 THE COURT: Sure. 25 MS. SHELLOW-LAVINE: And I will note that 2657 is not SOUTHERN DISTRICT REPORTERS (212) 805-0300 12573 51K5SATF Deliberations 1 a transcript. And they already have it. 2 THE COURT: That's fine, we will tell them that. 3 Thank you. 4 Are any of the exhibits that they asked for 5 transcripts of recordings that are in English? 6 MS. BAKER: Your Honor, each of those transcripts that 7 they requested, in other words all of the items in that note 8 except Government Exhibit 2657, is a transcript of an English 9 language call. 10 THE COURT: Okay. 11 Then my -- they should be brought back to listen to 12 those rather than just send the transcript in because they're 13 an aid to their listening to the recording. And of course they 14 can listen to 702. And my question is one of chronological 15 order, whether this list includes any that chronologically come 16 before 702. Because the note that I will send them -- and I 17 will share this with the parties -- will be, of course they can 18 listen to 702 again, we have already provided them with 2657. 19 With respect to the other recordings, do they want us to play 20 them in chronological order along with the other recording that 21 they have asked for and we have not yet played? 22 MS. SHELLOW-LAVINE: Your Honor, noting that the last 23 exhibit they heard was 702, are they just asking to rehear it 24 again? 25 THE COURT: Yes. SOUTHERN DISTRICT REPORTERS (212) 805-0300 12574 51K5SATF Deliberations 1 MS. SHELLOW-LAVINE: Right. 2 THE COURT: Yes. But my question is, are there any 3 that they have asked for that are chronologically before 702. 4 MS. BAKER: Yes, your Honor. The chronology is the 5 same order in which they were presented so far today, which is 6 LS-705T is chronologically the earliest, then LS-701T is 7 chronologically next, and then LS-702X is chronologically 8 third, and then the two government exhibits, 1193 and 1220. 9 MR. RUHNKE: I have the notes, your Honor, if you 10 would like to look at them. 11 THE COURT: If you can pass the notes back? What 12 about 1193X and 1220X? 13 MS. BAKER: Your Honor, those were the next -- those 14 are both English language recordings so the Xs are the 15 excerpted transcripts that are aids to the jury. The 16 corresponding recordings are 1193A and 1220. We were just 17 about to play those in the chronology when we took the break. 18 THE COURT: Okay. Now I understand. 19 MR. RUHNKE: Your Honor? I'm sorry. You're writing. 20 (Pause) 21 THE COURT: Mr. Donnelly indicates the jury is ready 22 to come out but I want to send them a note before they do. 23 (Pause) 24 THE COURT: Here is the note I propose to send: 25 Members of the jury, you have asked to hear LS-702X SOUTHERN DISTRICT REPORTERS (212) 805-0300 12575 51K5SATF Deliberations 1 again and of course we will replay that for you, along with the 2 corresponding transcript which is an aid to your listening to 3 the recording evidence. 4 You have also asked for the transcripts of LS-701T, 5 LS-702X, LS-705T, 1193X and 1220X. Because all of these are 6 transcripts of recordings in English they are not sent to the 7 jury. Rather, the jury is brought back to the courtroom to 8 listen to the recording with the transcript as an aid to 9 listening to the recording, which is in evidence. 10 As I mentioned, we will play LS-702X when you return 11 to the courtroom. We will also play 1193X and 1220X as you 12 previously requested. They will be played in chronological 13 order. We have already played LS-701T and LS-705T for you this 14 morning. If you wish to hear them again, just send us a note 15 asking for those recordings to be played again. 16 You have also asked for 2657 but we have already 17 provided that to you. Unless I receive a note, we will play 18 LS-702X and the remaining recordings you previously requested 19 in chronological order. 20 If you wish to hear any recording again, please send 21 me a note after you have listened to these. 22 MS. BAKER: Your Honor, I don't know whether it needs 23 to say it in the note and maybe that's what Mr. Fallick was 24 going to say, but they had also previously requested AS-7T. 25 THE COURT: Oh, I know. SOUTHERN DISTRICT REPORTERS (212) 805-0300 12576 51K5SATF Deliberations 1 MS. BAKER: That would be last in the chronology. 2 THE COURT: Yes. What I said was if you want me I 3 will certainly add, "and AS-7T but I -- the only reason I 4 didn't mention AS-7T is because they specifically asked this 5 time for 1193 and 1220 but I will just add, "and AS-7T." I 6 have added it with a caret. 7 MR. FALLICK: Thank you. 8 MS. SHELLOW-LAVINE: Your Honor? 9 THE COURT: Yes. 10 MS. SHELLOW-LAVINE: While you are editing, would you 11 consider adding that the reason that the English language 12 transcripts are not sent to the jury room is that they're not 13 evidence and they have to rely on what they hear? 14 THE COURT: Sure. I will add another paragraph. 15 MS. SHELLOW-LAVINE: Thank you, your Honor. 16 THE COURT: The reason that we do not send -- 17 (Pause) 18 THE COURT: I have drafted a paragraph that says: The 19 reason that we do not send transcripts of English language 20 recordings to the jury room is that they are only aids to the 21 jury in listening to the recording that is in evidence. 22 As I instructed you, if you believe you hear something 23 different on the recording from what appears in the transcript, 24 it is what you hear that is controlling. 25 MS. SHELLOW-LAVINE: Thank you, your Honor. SOUTHERN DISTRICT REPORTERS (212) 805-0300 12577 51K5SATF Deliberations 1 MR. FALLICK: Fine. 2 THE COURT: Okay. That will be Court Exhibit 53 and 3 the parties should inspect the note and then I will send it to 4 the jury. 5 MR. RUHNKE: Your Honor, we have reviewed the note. 6 It is fine. 7 THE COURT: All right. Is it fine with the government 8 also? Yes? 9 MS. BAKER: Yes, your Honor. 10 THE COURT: All right. Mr. Fletcher will give the 11 note to Mr. Donnelly to give it to the jury and we will wait 12 for the jury. They will either send us a note or knock and say 13 they're ready to come back. 14 (Pause) 15 MR. RUHNKE: Your Honor, while we are waiting? 16 THE COURT: Yes. 17 MR. RUHNKE: I don't know if the jury has ever 18 answered your request to tell us about Friday, also known as 19 tomorrow. 20 THE COURT: They didn't do it formally but I took an 21 implicit sense that they were not going to sit tomorrow. 22 MR. RUHNKE: I did as well, your Honor. 23 (Pause) 24 THE MARSHAL: Your Honor, I'm going to bring them in. 25 THE COURT: Okay, the jury is going to be brought in. SOUTHERN DISTRICT REPORTERS (212) 805-0300 12578 51K5SATF Deliberations 1 MS. SHELLOW-LAVINE: Your Honor, are we replaying 702 2 at this point? 3 THE COURT: Oh, yes. I told them that we would so it 4 should be keyed up to begin at 702. I told them that we would 5 play 702 and the others that are requested unless I heard from 6 them that they wanted us to go back. And I also told them that 7 they -- 8 All rise, please. 9 (Continued on next page) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS (212) 805-0300 12579 51K5SATF Deliberations 1 (Jury present) 2 THE COURT: All right. Please be seated, all. 3 Ladies and gentlemen, as you requested, we are going 4 to go back to 702. So, if you would all put on your earphones? 5 Does everyone have their earphones? Okay, 702, okay. 6 Ms. Shellow-Lavine, do you want to introduce it? 7 MS. SHELLOW-LAVINE: This is, again, a June 16th, 2000 8 conversation between Mr. Yousry and Ms. Stewart, at 2:40:33 in 9 the afternoon. 10 THE COURT: All right. Headsets on, turned on, dot 11 forward. 12 (Whereupon, Defendant's Exhibit LS-702T, in evidence, 13 was displayed and played for the jury) 14 THE COURT: All right. Okay. 15 MS. BAKER: Your Honor, the next exhibits to be 16 presented are the transcript which is Government Exhibit 1193X, 17 and the corresponding audio recording which is Government 18 Exhibit 1193A. This is a call on October 11th of 2000 at 9:05 19 a.m. between Lynne Stewart and Mohammed Yousry. 20 THE COURT: All right. And if you would put your 21 headphones on, ladies and gentlemen, and turn them on? 22 (Whereupon, Government Exhibits 1193A and 1193X, in 23 evidence, were played and displayed for the jury) 24 THE COURT: All right. 25 MS. BAKER: Your Honor, the next exhibit that we will SOUTHERN DISTRICT REPORTERS (212) 805-0300 12580 51K5SATF Deliberations 1 be presenting, and it will take just a couple of minutes to 2 switch disks and get ready to do that, it will be, the 3 transcript will be Government Exhibit 1220X and the 4 corresponding audio file is Government Exhibit 1220, which is 5 on the DVD marked Government Exhibit 1000. This is a call on 6 January 8th of 2001 at 4:17 p.m., and it involves Ahmed Abdel 7 Sattar and Lynne Stewart. 8 THE COURT: All right. 9 Ladies and gentlemen, you can put your headphones on, 10 turn them on, dot forward. 11 (Whereupon, Government Exhibits 1220 and 1220X, in 12 evidence, were played and displayed for the jury) 13 THE COURT: All right. 14 MR. FALLICK: Your Honor, the last audio recording to 15 be played is AS-7T, which is a telephone call between Ahmed 16 Sattar and Ramsey Clark on September 4th, 2001 at 12:51 p.m. 17 THE COURT: All right. Ladies and gentlemen, put your 18 headphones on, turn them on, dot forward. 19 (Whereupon, Defendant's Exhibit AS-7T, in evidence, 20 was played and displayed for the jury) 21 THE COURT: All right. 22 Ladies and gentlemen, you can take your head phones 23 off. I believe that that concludes the chronological list of 24 the recordings that you asked for and so I will return you to 25 the jury room to continue deliberations. SOUTHERN DISTRICT REPORTERS (212) 805-0300 12581 51K5SATF Deliberations 1 All rise, please. The jury may return to the jury 2 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 (212) 805-0300 12582 51K5SATF Deliberations 1 (Jury not present) 2 THE COURT: Please be seated, all. 3 I was more insistent with the jurors, after the break, 4 about using the headphones because I thought one juror wasn't 5 using the headphones. So, I thought it was better practice 6 that they all use the headphones. And I would do that again 7 unless anyone has a problem with that. 8 All right. Lunch is scheduled for 12:30. When the 9 lunch arrives the marshal will tell you and hold notes for 45 10 minutes or an hour. We will hold them for an hour. 11 Okay. See you later. 12 (Jury resumed deliberations; time noted: 11:50 a.m.) 13 (Recess pending verdict) 14 (Luncheon recess) 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS (212) 805-0300 12583 51K5SATF Deliberations 1 A F T E R N O O N S E S S I O N 2 1:25 p.m. 3 THE COURT: May I talk to the lawyers? 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 (212) 805-0300 12584 51K5SATF Deliberations 1 (At side bar) 2 THE COURT: The marshal informs me that one of the 3 spectators who has a bag in the aisle has a large visible sign 4 that says, has remarks on it in favor of one of the defendants. 5 I'll ask the marshal to ask the person please to leave such a 6 sign outside the courtroom. The person is welcome to stay but 7 the person can either give the sign to the marshal or take the 8 sign outside the courtroom. 9 Did you -- okay? 10 THE MARSHAL: I heard. 11 MR. RUHNKE: It says free Mohammed, probably. 12 THE COURT: I'm sorry? 13 MR. RUHNKE: It says free Mohammed Yousry, I'm 14 guessing. 15 I have two notes from the jury I will read from the 16 bench. 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS (212) 805-0300 12585 51K5SATF Deliberations 1 (In open court) 2 THE COURT: There is no reason to seal that? 3 MS. SHELLOW-LAVINE: No, your Honor. 4 THE COURT: I have two notes from the jury and the 5 first note is Court Exhibit 54, today's date. Judge Koeltl, in 6 the event of a heavy (12-inch) snowfall, should we call in 7 Sunday night? 329. 8 Court Exhibit 55, 20 January '05. Judge Koeltl, we 9 are ready to adjourn. 10 I take it from these notes that they are adjourning 11 until Monday and I will write them a note which -- I had spoken 12 to Mr. Grate earlier and he, they are to call the regular 13 number and I will give them the number. 14 It's also the number that's, for your information, 15 that's used to advise the alternates to call in each day -- 16 that they can go about their business and call in each day. 17 It's also the number that's used to inform other jurors in 18 other cases about what to do so the jurors are told, For the 19 jurors in Judge Koeltl's case report on... and in this case it 20 will be report at the regular time and to the regular place. A 21 case before another judge might say the jurors in the case 22 before Judge X report at 9:30 to the courtroom or whatever. 23 (Pause) 24 THE COURT: I drafted a note to the jurors. It reads: 25 Members of the jury: You have indicated that you are ready to SOUTHERN DISTRICT REPORTERS (212) 805-0300 12586 51K5SATF Deliberations 1 adjourn for the day and to resume on Monday. I will call you 2 back to the courtroom for instructions. You should call the 3 jury number on Sunday evening by 7:00 p.m. for instructions 4 about reporting on Monday, this is because of the possibility 5 of a snowfall. The telephone number is -- and then I give the 6 telephone number. 7 That's Court Exhibit 56 and the parties are welcome to 8 inspect. 9 I have another note which will be marked as Court 10 Exhibit 57, it reads: Judge Koeltl -- sorry. This is dated 11 20, January '04. Judge Koeltl, sorry, we will not be staying 12 until 6:00 p.m. Tuesday and Thursday. One of the jurors said 13 she will not be able to do it, yesterday she said she could. 14 329. 15 The parties are welcome to inspect. 16 MS. SHELLOW-LAVINE: Your Honor, I hesitate to ask 17 this question, what should we do in the event of a heavy 18 snowstorm on Sunday? 19 THE COURT: I'm going to have you call Mr. Fletcher or 20 Mr. Fletcher will call all of you. I will talk about it after 21 we let the jurors go but I plan to have Mr. Fletcher call you 22 all on Sunday. 23 Mr. Fletcher is going to give the note to the jury 24 about adjourning. Mr. Fletcher gave it to the marshal, the 25 marshal will take it to the jury and then can bring the jury SOUTHERN DISTRICT REPORTERS (212) 805-0300 12587 51K5SATF Deliberations 1 into the courtroom when they're ready. 2 I'm informed that the clerk's office is still working 3 on the issue of the checks, it's a busy time of year for them. 4 I'll give the jury my regular instructions. 5 (Continued on next page) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS (212) 805-0300 12588 51K5SATF 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: Ladies and gentlemen, I have checked again 6 and the checks are being processed, I'm told, and I will keep 7 after it. 8 We are breaking for the day and we will resume on 9 Monday and, as I indicated to you, you should call in on Sunday 10 evening to the telephone number against the eventuality that 11 the snowfall is such that it may cause difficulties in terms of 12 the arrangements for Monday. So, simply call in on Sunday 13 evening to the telephone number. 14 We are breaking for the weekend and it is very, very, 15 very important to continue to follow all of my instructions and 16 I -- I repeat them and I appreciate that you know what these 17 instructions are and you know what I am going to say, but the 18 instructions are so important that I can't underestimate or 19 understate the importance of the instructions. 20 So, it is so important to me that you follow these 21 instructions that even though I know that you could recite 22 these instructions to me by heart, they're so important to me 23 that I convey them to you with all of the force my words can 24 convey. 25 Please, please, don't talk about this case at all. SOUTHERN DISTRICT REPORTERS (212) 805-0300 12589 51K5SATF 1 When you leave the courtroom you will be in the process of 2 leaving so don't talk about the case. Don't talk about the 3 case in the vans. Don't talk about it with anyone else when 4 you go home over the weekend. Don't talk about it when you 5 come back in the vans on Monday. Don't start talking about the 6 case until all of you are here and the foreperson advises us 7 that you're all here and ready to deliberate and then you can 8 start to deliberate. 9 So, don't talk about this case other than when you're 10 all 12 together deliberating, otherwise don't talk about the 11 case. 12 Please, don't look at or listen to anything to do with 13 the case. If you should see or hear something inadvertently, 14 please simply turn away. Don't look at or listen to anything 15 to do with the case. Leave everything to do with the case in 16 the jury room -- notes, exhibits, anything else to do with the 17 case, just leave them in the jury room. 18 With that, have a very good weekend and I look forward 19 to seeing you on Monday. 20 All rise, please. 21 (Continued on next page) 22 23 24 25 SOUTHERN DISTRICT REPORTERS (212) 805-0300 12590 51K5SATF 1 (Jury not present) 2 THE COURT: Please be seated, all. 3 The jurors are to call in by 7:00. The estimates are 4 that the snow should stop by midday Sunday anyway but 5 Mr. Fletcher will call -- unless you make other arrangements 6 he'll call all of the numbers that you give him on Sunday late 7 afternoon to tell you. 8 Mr. Fletcher will leave a message on your office voice 9 mail on Sunday by 7:00. 10 MR. FALLICK: Your Honor, in the event that we are not 11 sitting on Monday, I would ask the government when they learn 12 of that to call the marshals so that they won't produce 13 Mr. Sattar on Monday. 14 THE COURT: All right. Yes, the government should do 15 that. 16 Okay, anything else? 17 Have a good weekend. 18 (Adjourned to 9:00 a.m. Monday, January 24, 2004.) 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS (212) 805-0300