12987 527esat1 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 7, 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 13001 527esat1 1 (In open court; jury not present) 2 (Pages 12988 through 13000 sealed by order of the 3 Court) 4 THE COURT: All right. I have a note, it's Court 5 Exhibit 136, 9:30 a.m., 7 February, '05. Judge Koeltl, the 6 jury is ready to start deliberating, number 329. 7 The parties should inspect the note. 8 MS. SHELLOW-LAVINE: Defense counsel has reviewed the 9 note, your Honor. 10 THE COURT: All right. There's just one follow-up 11 that occurs to me, which is -- and this has been on the open 12 record -- in the normal course, the marshal runs out of space 13 on his voicemail. So now that there is a recording, the 14 original will not be preserved unless the parties have any 15 issue with respect to that. 16 MS. SHELLOW-LAVINE: Your Honor, we would request that 17 it be preserved at least until I can consult with Mr. Tigar 18 about this matter. 19 THE COURT: Okay. All right. Okay. All right. The 20 marshal is here. 21 Anything else? Otherwise I'll see you later. 22 (Recess pending verdict) 23 (Luncheon adjournment) 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 13002 527esat1 1 AFTERNOON SESSION 2 2:00 P.M. 3 (Recess pending verdict) 4 (In open court; jury not present) 5 THE COURT: I have two notes from the jury. The 6 parties are welcome to inspect and consult. 7 The first note reads, Dan -- it's at 1:17 p.m., 8 February 7, '05. 9 There is a guy washing our windows. Is that a 10 problem? Number 329. 11 The second note is Court Exhibit 138, 7 February, '05, 12 1:28 p.m. Dan, is it okay to start deliberating now? Number 13 329. 14 MS. SHELLOW-LAVINE: Defense counsel have inspected 15 the notes, your Honor. 16 THE COURT: Do you -- I could send them a note, and 17 you're welcome if you need more time or anything with respect 18 to these notes -- 19 MS. SHELLOW-LAVINE: We do not need additional time. 20 Thank you, your Honor. 21 THE COURT: And -- 22 MR. RUHNKE: Your Honor, the one note I don't 23 understand, is it okay to start deliberating now? 24 THE COURT: I assume that they stopped deliberating 25 over lunch. I could tell them that they don't have to stop SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 13003 527esat1 1 deliberations over lunch. 2 MR. RUHNKE: As long as all 12 them are there, they 3 don't have to ask our permission to resume. 4 THE COURT: Do you want me to explicitly tell them 5 that they can deliberate during their lunch hour? I can tell 6 them that. I don't want to do anything that -- 7 MR. RUHNKE: Your Honor, if you put in there something 8 to the effect that if you cease deliberations during lunch, 9 it's up to you to resume as soon as lunch is over, without 10 advising us. 11 THE COURT: That's fine. 12 MS. BAKER: Your Honor, we would request that it say 13 something to the effect that the jury is welcome to or that 14 it's up to them, if they choose to deliberate during lunch. 15 THE COURT: I was going to say exactly that, if you 16 choose. 17 MS. BAKER: Right. But if they choose not to, then 18 they are -- you know, the part that Mr. Ruhnke just said. 19 THE COURT: Here is a proposed response. 20 Members of the jury, you can of course resume 21 deliberations. If you choose to continue deliberations over 22 lunch, you can, but you must assure that all 12 of you are 23 present and deliberating. If you choose not to deliberate over 24 lunch, you do not have to inform us when you start -- when you 25 stop or start deliberations over the lunchtime. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 13004 527esat1 1 We hope that the window washers have not disturbed 2 you. We will ask them to move along. 3 MS. SHELLOW-LAVINE: That's acceptable to us, your 4 Honor. 5 MS. BAKER: That's fine, your Honor. 6 THE COURT: That will be Court Exhibit 139, and I'll 7 ask Mr. Fletcher to contact the building management to tell 8 them that the window washers should move along. 9 MS. SHELLOW-LAVINE: Defense counsel have reviewed the 10 note, your Honor. 11 THE COURT: Is it satisfactory? 12 MS. SHELLOW-LAVINE: It is. 13 THE COURT: Government? 14 MS. BAKER: Yes, your Honor, it's satisfactory to us 15 as well. 16 THE COURT: Okay. The marshal can take the note in. 17 That's Court Exhibit -- what's the number? 18 THE MARSHAL: 139. 19 THE COURT: Court Exhibit 139. All right. Good 20 afternoon, all. 21 (Recess pending verdict) 22 (In open court; jury not present. Time noted: 23 4:21 p.m.) 24 THE COURT: I have a note from the jury, it's marked 25 Court Exhibit 140, February 7, '05. Judge Koeltl, the jury SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 13005 527esat1 1 will adjourn at 4:15, number 329. 2 And then it says juror, and it gives the juror number, 3 would like to know when we're getting paid. And I will -- 4 parties are welcome to inspect the note. 5 I'll mention to the jurors that I've noted their 6 inquiry about the juror checks. And Mr. Fletcher will be in 7 touch with Mr. Grate to check on the checks. And I'll give the 8 jurors the usual instruction. 9 Anything else? All right. Let's bring in the jury. 10 (Continued on next page) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 13006 527esat1 1 (In open court; jury present) 2 THE COURT: Good afternoon, ladies and gentlemen. 3 Good to see you all as always. 4 Ladies and gentlemen, I received your note, and of 5 course you can adjourn for the day. We will check on the issue 6 of the juror checks, and we'll check with the clerk's office, 7 the jury administrator with respect to that. 8 Please remember my continuing instructions. Please 9 remember, don't talk about the case at all after you leave the 10 jury box now, because you should only talk about the case when 11 all 12 of you are together and deliberating. 12 So don't talk about the case when you leave the jury 13 box because you'll be getting ready to leave. Don't talk about 14 the case in the vans. Don't talk about the case with anyone 15 when you go home. Remember, don't talk about the case tomorrow 16 when you're in transit. Don't talk about it in the vans. 17 Don't start talking about the case until all 12 of you 18 are together tomorrow morning and the foreperson advises the 19 marshal by note that you're ready to start deliberating, and 20 then you can start deliberating. The marshal will give us the 21 note and you don't have to come back to the courtroom. 22 Please remember, you can start deliberating without 23 coming back to the courtroom once you've given that note. 24 Please remember, don't look at or listen to anything to do with 25 the case. If you should see or hear something inadvertently, SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 13007 527esat1 1 please simply turn away. Don't look at or listen to anything 2 to do with the case. Leave everything to do with the case in 3 the jury room; notes, exhibits, anything to do with the case, 4 please leave in the jury room. 5 Have a very good evening and I look forward to seeing 6 you all tomorrow. 7 (Adjourned to Tuesday, February 8, 2005, at 9:00 a.m.) 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