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        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 3, 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
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        1             (Pages 12968 through 12970 sealed by order of the
        2    Court)
        3             (In open court; jury not present)
        4             THE COURT:  I propose a letter to the -- a note to the
        5    jurors which would read, members of the jury, please call on
        6    Sunday evening at 7:00 p.m., telephone number, and I put the
        7    number, to confirm that you will continue deliberations on
        8    Monday at the regular time.  Is that satisfactory?
        9             MS. BAKER:  Yes, your Honor.  Would Mr. Fletcher leave
       10    messages for us if for some reason we were not going to be
       11    sitting on Monday?
       12             THE COURT:  Yes, absolutely.  And that note is Court
       13    Exhibit number?  Court Exhibit 135, all right.  And the parties
       14    should inspect.
       15             I'm going to send that in after the jurors come in and
       16    leave and after I explain it to them.
       17             MS. SHELLOW-LAVINE:  Court Exhibit 135 is satisfactory
       18    to all defense counsel, your Honor.
       19             THE COURT:  Okay.  And to the government?
       20             MR. MORVILLO:  Yes, your Honor.
       21             THE COURT:  All right.  Give that to me, we're going
       22    to send this in after the jury -- after I send the jury back to
       23    the jury room.  So if the marshals would bring the jury in.
       24             (Continued on next page)
       25
                            SOUTHERN DISTRICT REPORTERS, P.C.
                                      (212) 805-0300
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        1             (In open court; jury present)
        2             THE COURT:  Good morning, ladies and gentlemen.  It's
        3    good to see you all.
        4             As you see, one of the jurors was not able to be here
        5    today because she had a serious personal family emergency.  And
        6    so we will not be able to deliberate, or you will not be able
        7    to deliberate today.  But I have every expectation that
        8    deliberations will continue on Monday at the regular time.
        9             To assure that we are proceeding on schedule and that
       10    I don't inconvenience you at all in terms of bringing you in
       11    and then sending you home or anything like that, I'd ask you to
       12    call in on Sunday night as has happened before and check for
       13    the message on the regular number.  I will send you a jury note
       14    confirming the regular number right now when you return to the
       15    jury room.
       16             So we will then break for the day now.  Please,
       17    please, since we're breaking for the weekend, follow my
       18    instructions.  Please, don't talk about this case at all when
       19    you're leaving now, in the vans.  Don't talk about it with
       20    anyone at home or when you return on Monday.  Please, remember
       21    that you can only talk about the case when all 12 of you are
       22    together and you are deliberating about the case.  So don't
       23    talk about the case at all until all 12 of you have returned on
       24    Monday.
       25             The foreperson will notify the marshal that you are
                            SOUTHERN DISTRICT REPORTERS, P.C.
                                      (212) 805-0300
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        1    all here and ready to start deliberations.  Do it by note and
        2    then you can proceed to deliberate.
        3             Remember, don't look at or listen to anything to
        4    do with the case.  If you should see or hear something
        5    inadvertently, please, simply turn away.  Don't look at or
        6    listen to anything to do with the case.
        7             Please leave everything to do with the case in the
        8    jury room; notes, exhibits, anything to do with the case.  Have
        9    a very good weekend, and I look forward to seeing you on
       10    Monday.
       11             (Jury excused)
       12             (Continued on next page)
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                            SOUTHERN DISTRICT REPORTERS, P.C.
                                      (212) 805-0300
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        1             (In open court; jury not present)
        2             THE COURT:  I've given Mr. Fletcher the note to give
        3    to the marshal to give to the jury.  All right.  Please be
        4    seated.
        5             I'll go back to the robing room and wait until all of
        6    the jurors have left, and then whatever lawyers will be present
        7    may -- anyone who wants to be present.
        8             (Pages 12975 through 12978 sealed by order of the
        9    Court)
       10             (Adjourned to Monday, February 7, 2005, at 9:00 a.m.)
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                            SOUTHERN DISTRICT REPORTERS, P.C.
                                      (212) 805-0300