12943 522esat1 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 February 2, 2005 8 9:00 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 12944 522esat1 1 (Trial continuing) 2 (In open court; jury not present) 3 THE COURT: I have two notes. The first is Court 4 Exhibit 128, February 2, '05. 5 Dan, could you please call -- and it mentions the name 6 of the restaurant -- and ask if they have sushi and Chinese 7 food. 8 And Mr. Donnelly will see what he can do. Parties are 9 welcome to inspect. 10 The next note is Court Exhibit 129, 2 February '05, 11 9:20. 12 Judge Koeltl, we need the following, MY550LT1, 13 MY550LT2. And we are ready to see the video and start 14 deliberating. 15 Okay. And the parties are welcome to inspect that 16 note. 17 We should call the jury back into the courtroom and 18 show them the video with the transcript. And then they can 19 return to the jury room, and I'll tell them that after they 20 return I'll respond to their recent note for additional 21 exhibits. 22 (Pause) 23 THE COURT: Counsel, the reason for the conference at 24 the bench was food for the jurors. They -- on the menu this 25 morning they had a note to Mr. Donnelly asking if they -- in SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12945 522esat1 1 addition to the note that I read to you, if they can't get full 2 menus from the restaurant. The restaurant is giving limited 3 menus, and they've been ordering off the menu. And there are 4 some other things they'd like and they would like to get a full 5 menu. And I'm told that they've gotten as much as the 6 restaurant gives out by way of menu. 7 And I told Mr. Donnelly that -- if there's some other 8 food they want, then we'll try and see what we can do about 9 that restaurant or another restaurant getting them the food 10 that they want. But I didn't want to delay this any further 11 until all the jurors are in and we can show them the audio and 12 the transcript. 13 And I will tell them that we will -- so I'll tell them 14 when I bring them back that we understand that the -- they've 15 made requests about the restaurant, and our understanding is 16 the restaurant does not have a fuller menu to distribute but 17 we'll look into their food request. And I'll respond to their 18 note for other exhibits after they return to the jury room 19 after listening to the video. 20 Let me just ask, is the video queued up and is the 21 transcript ready? 22 MS. BAKER: It is, your Honor. 23 And yesterday, whichever day it was, when the jury was 24 brought back in to see the -- to listen to the WBAI recording 25 and see that transcript, the transcript was up on the screen SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12946 522esat1 1 when the jurors came into the courtroom. Should we do the same 2 thing this morning with regard to this transcript? 3 THE COURT: I have no problem with that. It will save 4 the possibility of a mistake. It was taken off the screens 5 yesterday because the video was not being played at the same 6 time. 7 Is there anything else before we bring the jury in? 8 All right. Bring in the jury. 9 I've already given them instructions, I believe, on 10 the -- this video and the transcript as an aid to their 11 listening. And this is one, correct? 12 MR. TIGAR: Yes, your Honor. 13 THE COURT: And I've also given them in particular an 14 instruction with respect to transcripts of English in my final 15 instruction, which is a lengthy instruction, which they should 16 apply here, because I explained to them what happens when there 17 are different interpretations. And I'll tell them they should 18 follow my instructions. 19 (Continued on next page) 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12947 522esat1 1 (In open court; jury present. Time noted, 9:34 a.m.) 2 THE COURT: Good morning, ladies and gentlemen. Good 3 to see you all as always. 4 Ladies and gentlemen, in a moment we will play the 5 recording for you and you will see the transcript displayed for 6 you. 7 Let me just -- on different issues before we get to 8 that, I understand you've made requests and sent out a note 9 with respect to food. And we will certainly attempt to meet 10 all of your requests for food. I understand that the one 11 restaurant that the menu that we've given to you is the fullest 12 menu that the restaurant has, but -- for distribution, but 13 we'll continue to look into your food requests. I do want to 14 see that the requests are satisfied, because I want to make 15 sure that your food requests are met. So we will do everything 16 we can to try and satisfy those requests. 17 After you have heard the recording and seen the 18 transcript, I'll return you to the jury room and I will then 19 deal with your most recent note that asks for additional 20 exhibits and look into that and respond to that note. When you 21 listen to this recording now and look at the transcript as it 22 applies to this recording, I've already given you instructions. 23 And with respect to the transcript, I've given you lengthy 24 instructions about the use of transcripts in my final 25 instructions to you, and you are to apply those instructions SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12948 522esat1 1 here with respect to the transcript. 2 Okay. With that, if you'd put your headphones on, dot 3 forward, turn them on and the recording that you requested will 4 be played and the transcript displayed. 5 (Government Exhibit 1706CX was played for the jury) 6 THE COURT: All right. That concludes the portion of 7 the recording that you asked to hear, and I'll return you now 8 to the jury room. 9 (Continued on next page) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12949 522esat1 1 (In open court; jury not present) 2 MR. RUHNKE: Your Honor, we have the two exhibits that 3 they asked for, MY550LT1, MY550LT2. 4 LT3 went into the jury room yesterday with a limiting 5 instruction. For economy, you might want to simply refer them 6 to that limiting instruction and say you are to follow that 7 same limiting instruction on whatever note it was that you sent 8 in. 9 MS. BAKER: Alternatively, your Honor, I do have here 10 the piece of paper on which I had written that instruction out 11 with respect to 550LT3. So if the Court wanted to include it 12 again in the other note, I could hand this back up. It is the 13 same instruction. 14 THE COURT: Could I see the instruction, just to -- 15 again. 16 MR. RUHNKE: I'll hand Ms. Baker the exhibits. 17 THE COURT: Do the parties have any preference on 18 this? 19 MR. RUHNKE: It might just be easier to refer them to 20 the note of yesterday rather than writing it out again. 21 MS. BAKER: Your Honor, we would ask that it be put in 22 this note. The practice up to this point has been to put an 23 appropriate limiting instruction in each note essentially. 24 THE COURT: All right. I'll repeat it. Can I see the 25 note, please. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12950 522esat1 1 (Pause) 2 THE COURT: Court Exhibit 130 will read, members of 3 the jury, I am sending you MY550LT1 and MY550LT2 as you 4 requested. These exhibits are subject to the following 5 limiting instruction: These exhibits are not offered for the 6 truth of any of their contents, and moreover, with respect to 7 the documents offered by Mr. Yousry, knowledge of alleged human 8 rights abuses in Egypt is not a defense to the charges in this 9 case. 10 I crossed out "are" and put in "is" in brackets. Is 11 that satisfactory? 12 MR. RUHNKE: Yes, your Honor. 13 MS. BAKER: Yes, your Honor. 14 THE COURT: Okay. The parties should inspect the 15 note. 16 And I'm -- I also have Court Exhibit 127, which didn't 17 go in to the jury yesterday, which as you'll recall is, members 18 of the jury, I'm providing to you copies of notes that you have 19 provided to us. I have not included notes that dealt with 20 individual juror issues. And here's that note and the 21 attachments which the parties are welcome to inspect again. 22 MR. RUHNKE: I'm handing Mr. Fletcher -- do you want 23 to see the note? I've shown the note to everyone. I'm handing 24 the exhibits, handing the note back to Mr. Fletcher. 25 MS. SHELLOW-LAVINE: And, your Honor, we are giving SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12951 522esat1 1 him Court Exhibit 127 with the attached notes. 2 THE COURT: Are you sure you don't want to -- you're 3 welcome -- 4 MS. SHELLOW-LAVINE: All of which we reviewed to our 5 satisfaction yesterday. 6 THE COURT: Okay. Both notes and the attachments are 7 being given to the marshal. 8 I'm returning to the government the instruction that 9 they had written out. We'll continue to look into the food 10 issue and try and meet the jurors' request. 11 I had left open one issue yesterday with respect to 12 those six exhibits. None of those exhibits were properly sent 13 to the jury for the reasons that were said yesterday; they 14 dealt with individual juror issues. 15 But some of those notes may be in the public record 16 and could be given to the press. Some of them should be 17 sealed. And the parties should look into that. Some of them 18 plainly were not in the public record and dealt with individual 19 juror issues, though relating to privacy of the jurors. So I 20 just raise that and leave it out there for you. 21 MR. TIGAR: Number 81 was already read into the 22 record. I think, your Honor, as to that, there clearly would 23 be no reason to seal it. My recollection is that the other 24 five really did relate to matters that were individual to the 25 jurors unrelated to deliberations, related to juror privacy and SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12952 522esat1 1 as to which there's no presumptive First Amendment right of 2 access. 3 THE COURT: Government? 4 MS. BAKER: Your Honor, I agree with Mr. Tigar about 5 the note marked as Court Exhibit 81. And also, as I think I 6 said yesterday, the other notes do not currently appear in the 7 public record. I would need to look back at them to say 8 anything further about them. 9 THE COURT: All right. Would you do that with some 10 promptness, because I -- if there are further notes to be given 11 to the press, I'd like to give them as soon as reasonably 12 possible and not do it in separate groups. 13 Okay. Anything else for me? Okay. I'm going to go 14 back across the street. I'll wait in the robing room for about 15 five minutes to see if there's another prompt request from the 16 jurors. Okay. 17 (Recess pending verdict) 18 (At 11:47 a.m. a note was received) 19 THE COURT: There's a note marked Court Exhibit 131 20 and it's addressed to the marshal: Dan, we would like to know 21 if we may use the bathrooms in our original jury room. There 22 are times when there is a log jam for use in the jury room 23 we're using. Number 329. 24 Mr. Fletcher advises me that one difficulty soluble 25 with that is that that room has been kept closed because the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12953 522esat1 1 alternates' folders are there. And that can be resolved by 2 having the marshal take the folders, put them in a box, put 3 it -- tape the box so that there is nothing in that jury room 4 that would present a problem. 5 The second issue is every time jurors leave that room, 6 there is always the potential for -- for something. They would 7 have to be accompanied by a CSO to the other room. I've 8 instructed Mr. Donnelly again to -- because I heard some noise 9 before, to assure that that corridor is kept quiet. So those 10 are the two issues I see. 11 I would like to certainly accommodate the jurors' 12 request and their desire for -- you know, for more rest 13 facilities. Bottom line, it would appear to me that if the 14 marshal secures the other jury room and assures that a CSO 15 would accompany any juror to the other jury room, and that 16 there are enough CSOs to assure that, then I think the request 17 would be a reasonable one. But I don't want to do it if the 18 marshal thinks that it would in any way compromise the 19 marshals' obligation to assure that the jurors be kept in a 20 safe place and that there be no outside contact. 21 But let me listen to the parties first before I see 22 from the marshal whether this is doable. 23 MR. TIGAR: Your Honor, there is already an 24 instruction in place about smoke breaks -- 25 THE COURT: Yes. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12954 522esat1 1 MR. TIGAR: -- which involved the jurors leaving the 2 deliberation room and going somewhere else. 3 THE COURT: Yes. There's also an instruction about 4 bathroom breaks. 5 MR. TIGAR: I know. But the bathroom break 6 instruction has to do with the facilities that are right in the 7 room where they're deliberating. 8 THE COURT: Right. 9 MR. TIGAR: If we used what might be called smoke 10 break rules on jurors who wanted to leave the deliberation 11 process to use the restroom, we don't see any enhanced 12 difficulty in terms of the pace of deliberations. It remains, 13 of course, for the marshals to say if they think that's a 14 doable thing. 15 (Pause) 16 THE COURT: Mr. Donnelly doesn't have a problem with 17 any of that. And I can give an instruction to the jurors. 18 Mr. Donnelly wants to make sure that none of the 19 parties have a problem with his taking the notes that are in 20 that room, putting them in a box and sealing them. 21 MR. TIGAR: No problem with that, your Honor. 22 MR. RUHNKE: That's correct, your Honor. 23 THE COURT: Government? 24 MR. PAUL: No problem. 25 MS. BAKER: Your Honor, everything that has been SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12955 522esat1 1 discussed so far is acceptable to the government. 2 THE COURT: Okay. 3 MS. BAKER: We also do apparently have a box here and 4 available, if that would be helpful. 5 THE COURT: Okay. All right. The next note would be 6 Court Exhibit 132. It would read: Members of the jury, in 7 response to your request, the marshal will make arrangements to 8 allow you to use the bathroom in the other jury room. Please 9 follow the same instructions that you follow for any smoke 10 breaks. Remember that all deliberations are to cease when any 11 juror is absent and should only resume when all 12 jurors are 12 present and ready to begin deliberations again. 13 MR. TIGAR: That's fine with the defense, your Honor. 14 MR. RUHNKE: That's fine, your Honor. 15 MS. BAKER: That's fine with the government as well. 16 THE COURT: All right. Mr. Fletcher says they may 17 need two boxes. 18 MS. BAKER: Your Honor, Ms. Grant went to get a second 19 box. 20 THE COURT: Great. We'll wait until we have the two 21 boxes and send them in or give them to the marshals. 22 MS. BAKER: Your Honor, while we're waiting, I did 23 have an opportunity to look at those other jury notes that the 24 Court asked about earlier. Obviously this is not an issue that 25 directly relates to the government and the government isn't SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12956 522esat1 1 really advocating any particular position, but as far as 2 whether the notes need to remain -- 3 THE COURT: I'm sorry. Did the note go in yet? 4 MS. SHELLOW-LAVINE: No, I have the note. Defense 5 counsel had reviewed it and otherwise indicated it's 6 satisfactory. 7 THE COURT: Okay. And satisfactory to the government? 8 MR. MORVILLO: Yes, your Honor. 9 THE COURT: Okay. 10 MS. SHELLOW-LAVINE: I'll tender it to Mr. Fletcher. 11 THE COURT: That can go in to the jury room. 12 I'm sorry, Ms. Baker. 13 MS. BAKER: As far as whether those earlier jury notes 14 need to remain under seal, that is, the ones other than Court 15 Exhibit 81, which already was part of the public record, I 16 don't believe that any of them need to remain sealed in their 17 entirety. And some, I believe, could be unsealed in their 18 entirety. So let me go through them one at a time. 19 First, the note that was marked as Court Exhibit 32, 20 most of the content of that note, with the exception of one 21 specific detail, is essentially the same as the content of the 22 later note, which was marked as Court Exhibit 81, which as 23 Mr. Tigar earlier pointed out, and we agree, is already part of 24 the public record. 25 And so given that much of the substance of Court SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12957 522esat1 1 Exhibit 32 already is part of the public record, it would seem 2 that most of that note, Court Exhibit 32, would not need to 3 remain sealed. The one part that I think probably should 4 remain sealed because of the juror's privacy is, looking at the 5 body of the note -- 6 THE COURT: Hold on. Can I see the exhibits. 7 Okay. 32? 8 MS. BAKER: Yes. If you look at the body of the note, 9 the fourth line of the paragraph that constitutes the body of 10 the note, either the first three words or the second and third 11 word of that fourth line, we would suggest, should be redacted. 12 But we think that other than that, because of the overlap of 13 the content with Court Exhibit 81, that the remainder of it 14 could be unsealed. 15 As to the sentence at the bottom of the note, which 16 relates to a different topic, you know, perhaps that could have 17 the juror number redacted out of it, but I don't think that 18 there's anything necessarily sensitive about that unrelated 19 sentence there at the end of the note. 20 As to the next note on the list, which was marked as 21 Court Exhibit 34, I think that the first -- that basically that 22 note could be unsealed with the second and third sentences 23 redacted. Those sentences do relate to private information 24 relating to a juror, but the information in the first sentence 25 is already a matter of public record. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12958 522esat1 1 Next are the two notes marked as Court Exhibits 36 and 2 37. It seems to me that those notes do not contain any 3 substantive content and, therefore, could be unsealed without 4 impacting upon any juror privacy. 5 THE COURT: I thought that they related to a sealed 6 matter? 7 MS. BAKER: They do, your Honor, but the notes 8 themselves I don't believe reveal the content of the sealed 9 matter. 10 And I didn't understand the Court at this time to be 11 considering whether the whole sealed matter should be unsealed. 12 I wasn't addressing myself to that broader question, and 13 obviously that broader question would require more specific 14 analysis. I was limiting myself solely to the face of the 15 notes themselves. 16 THE COURT: They are -- the notes themselves at this 17 point are sealed, are they not? 18 MS. BAKER: It is my understanding that they are, 19 although I haven't looked back at the sealed portions of the 20 trial transcript to see whether there were specific statements 21 that the note should be sealed. But the notes are not read 22 into any public portion of the record. 23 THE COURT: And so is it the government's position 24 that they should be unsealed or the government takes no 25 position or -- SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12959 522esat1 1 MS. BAKER: I think I would respond to that by saying 2 the government's position is that there's nothing on the face 3 of the notes themselves that would in our view require them, 4 just the notes themselves, to remain under seal. 5 THE COURT: Okay. 6 MS. BAKER: And finally, the note that was marked as 7 Court Exhibit 69, it's the government's view that the content 8 of that note, the substance of it, not literally a verbatim 9 reading of it, but the essential substance of that note has all 10 now become a matter of public record. And because of that, 11 again, we don't see a reason why that particular note marked as 12 Court Exhibit 69 would need to remain under seal. 13 THE COURT: The bottom line as I hear it from the 14 government is that the essentially three words in Court 15 Exhibit 32 and the last two sentences of Court Exhibit 34 16 should be sealed but there is no basis for continuing to seal 17 the remainder. 18 MS. BAKER: That's generally accurate, your Honor. I 19 will say that I was equivocal on the additional sentence at the 20 bottom of Court Exhibit 32. I just don't know whether that is 21 the kind of matter that historically, traditionally, has been 22 sealed versus not. And if there is a concern there or a 23 historical precedent, then it may be that redacting the juror 24 number out of that sentence might be an adequate way of dealing 25 with it. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12960 522esat1 1 THE COURT: Well, the last two lines, then, also of 2 Court Exhibit 32. All right. 3 Defendants? 4 MR. TIGAR: Your Honor, this morning I misspoke. I 5 had intended -- I didn't have the notes in front of me, and I 6 had intended to say that I thought that note 69 should be 7 unsealed because, after all, as the government points out, all 8 of the content of it has been revealed in the public record. 9 There's nothing more that is going to be disclosed. 10 THE COURT: By the way, I don't mean to interrupt you, 11 and I'm sorry in the same way that I didn't want to interrupt 12 Ms. Baker. 13 There are at least two -- there are various concerns 14 raised. One is for juror privacy. Another is to secure the 15 untainted deliberations of the jurors so -- to assure that a 16 matter that may not have come to the attention of all of the 17 jurors and that we carefully dealt with does not, by giving the 18 juror a note, change the record. And so that's why great care 19 was taken in what notes were copied and given back to the 20 jurors. 21 And I fully appreciate that disclosure on the public 22 record and the simple responsibility of the press would not 23 then be the barrier to that disclosure. If that's -- I don't 24 know if I made that clear. 25 MR. TIGAR: Yes, your Honor. No, I understand that. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12961 522esat1 1 But what I wanted to say is that if 69 is revealed, 2 then it's the other notes, which would include 81, all of the 3 notes to which comments have been addressed relate -- do not 4 relate to anything to do with the process of deliberations or 5 what the jurors have to decide. Therefore, if we take a kind 6 of teleological view of the First and Sixth Amendment 7 guarantees, there's nothing in there, the disclosure of which 8 serves either of those interests. And, I believe, there is 9 nothing in those notes relating as they do to housekeeping 10 matters as to which there is a common law right of access that 11 would trigger a First Amendment analysis. 12 I also suggest that by the time the redactions are 13 made to protect juror privacy, which has been the Court's 14 concern, the notes are meaningless. So although it is a matter 15 of indifference to us, I mean, the Court has discretion. We 16 see no barrier to the Court simply saying that once the note, 17 the contents of which have already been put on the record -- 18 that's 69 -- have been revealed, that the others could, should 19 the Court decide to remain under seal. 20 MS. BAKER: Your Honor, while Mr. Tigar was speaking I 21 actually looked in the unsealed public portions of the trial 22 transcript. And we had all overlooked the fact that although 23 Court Exhibit 69 was originally read into the record during a 24 sealed proceeding, that whole proceeding, including the reading 25 of Court Exhibit 69, was subsequently unsealed. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12962 522esat1 1 THE COURT: Yes. 2 MS. BAKER: So the entire content of Court Exhibit 69 3 already is a matter of public record. And I had not realized 4 that at the time that I addressed the Court a few minutes ago. 5 THE COURT: Okay. So note 69 is not under seal. And 6 the one other -- there was some confusion in the record, I 7 think, as to whether Court Exhibit 81 was read into the public 8 record or not. 9 MS. BAKER: It was, your Honor. And I can provide the 10 Court with the page of the trial transcript, if your Honor 11 would like. 12 THE COURT: Well, if that's the case, then, there is 13 no reason to continue to seal Court Exhibit 81. So, what's -- 14 so Court Exhibits 69 and 81 and the -- to the extent there's 15 any question, are unsealed and copies provided to the press. 16 With respect to the remaining notes, they appear at 17 this point to be under seal and relate either to personal 18 details of jurors, which as Mr. Tigar said correctly, when you 19 eliminate the personal details, there is little left of those 20 notes; or to two brief notes that relate to a sealed proceeding 21 which remained under seal. 22 And in the absence of any application to unseal those 23 and undoing the interest in sealing, I would leave those under 24 seal. And in part, I mean, an argument is made to me by 25 defense counsel relating to both the First and Sixth Amendment. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12963 522esat1 1 The Sixth Amendment concerns are represented by defense 2 counsel. And so at this point the notes -- those four notes 3 would remain under seal. 69 and 81 are not under seal and 4 copies can be provided as soon as possible to the press. 5 On another unrelated matter, when I was leaving the 6 courthouse earlier in the snow, there was a one-page report 7 which appeared to be a child's, student's report on the 8 building of the pyramid at Giza. And I picked it up and gave 9 it to the guard in case someone wanted to retrieve. 10 I bring it to your attention because of the unusual 11 confluence of the understandable concerns about Egypt. On that 12 subject, I saw little publicity today, anything to do with 13 Egypt. Okay? 14 I assume the jury will get their lunch soon and the 15 marshal will inform you, and we'll hold notes for an hour -- 16 the jurors have their lunch, so be back at 1:30. 17 (Luncheon adjournment) 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12964 522LSAT2 1 (In open court; jury not present) 2 4:11 p.m. 3 THE COURT: Good afternoon, all. Please be seated. I 4 have a note, Court Exhibit 133. 5 "Judge Koeltl, 2 February '05. The jury will adjourn 6 at 4:15. Number 329." 7 The parties are welcome to inspect. 8 (Pause) 9 THE COURT: All right. I'll send the jurors a note, 10 Court Exhibit 134. 11 "Members of the jury. We will bring you back to the 12 courtroom at 4:15 p.m. as you requested so that I can give you 13 instructions as you adjourn for the day." 14 Satisfactory? 15 MS. SHELLOW-LAVINE: Yes, your Honor. 16 MS. BAKER: Yes, your Honor. 17 THE COURT: The parties can inspect the note. 18 MS. SHELLOW-LAVINE: The note is satisfactory, your 19 Honor. 20 THE COURT: All right. The marshal will take the note 21 to the jury room, and then -- it's just about 4:15, so when the 22 jury is ready to come back, just bring the jury back. 23 (Continued on next page) 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12965 522LSAT2 1 (In open court; jury present) 2 THE COURT: Please be seated, all. Good afternoon, 3 ladies and gentlemen. 4 JURORS: Good afternoon, Judge. 5 THE COURT: Good to see you all. 6 Ladies and gentlemen, as I indicated in the last note, 7 I understand you wish to adjourn now, and of course, you may. 8 Please remember to follow all of my instructions as you go home 9 this evening: 10 Please don't talk about the case at all after you 11 leave the jury box. Not in the jury room or on the vans. 12 Don't talk about it with anyone else at home. When you return 13 tomorrow on the vans, don't start talking about the case at all 14 until all 12 of you are together and the foreperson advises the 15 marshal by note that you're all here and ready to start 16 deliberating, and when that happens, you can then start 17 deliberating, because deliberation should only occur when all 18 12 of you are together. 19 Please, when you go home, don't look at or listen to 20 anything to do with the case. If you should see or hear 21 something inadvertently, please simply turn away. Don't look 22 at or listen to anything to do with the case. 23 Please leave everything in the jury room that has 24 anything to do with the case. Exhibits, notes, anything to do 25 with the case, please leave in the jury room. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 12966 522LSAT2 1 Have a very good evening, and I look forward to seeing 2 you tomorrow. All rise, please. 3 Please follow the marshals. 4 (The jurors exits the courtroom) 5 THE COURT: All right. Please be seated all. All 6 right. Anything further? Nope? All right. 7 Please be back tomorrow by 9:00 o'clock. I look 8 forward to seeing you then. 9 We are adjourned. 10 (Adjourned to February 3, 2005 @ 9:00 a.m.) 11 o 0 o 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300