4991 48QLSATF 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 August 26, 2004 8 9:30 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 STERN 23 DAVID A. RUHNKE 24 Attorneys for Defendant Yousry 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 4992 48QLSATF 1 (In open court; jury not present) 2 THE COURT: Good morning all. Please be seated. 3 MS. BAKER: Good morning, your Honor. If you had 4 something else you wanted to raise first -- I'm just here on a 5 scheduling matter. 6 As your Honor is aware, I am the person addressing on 7 behalf of the government Defendant Stewart's outstanding 8 requests. One of my parents have a medical procedure tomorrow 9 as a result of which I'm going to be unavailable at least later 10 today and all of tomorrow, and so I wanted the Court and 11 Ms. Stewart's counsel to know that I don't expect that the 12 government will be providing any further response until next 13 week because I don't believe that I'll be able to accomplish 14 anything further. 15 THE COURT: Okay. 16 MS. BAKER: And if I may be excused. 17 THE COURT: Sure. And that's fine. It's really just 18 enough to tell me that it's a personal issue. And, as I've 19 told others, if there are medical issues, and I certainly would 20 include close family as well as the people directly involved in 21 the case, I wish everyone well and I'm very accommodating with 22 respect to the schedule. So it's not a problem. 23 MS. BAKER: Thank you. 24 THE COURT: All right. Are we ready to bring in the 25 jury? Okay. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 4993 48QLSATF 1 MR. BARKOW: Should Mr. Glenn go to the witness stand? 2 THE COURT: Yes. 3 MR. BARKOW: Your Honor, there are no more lines in 4 this transcript for Miss Stewart. So I will be the only one at 5 the podium reading. 6 THE COURT: All right. 7 (Jury entering courtroom) 8 (In open court) 9 THE COURT: Please be seated, all. Good morning, 10 ladies and gentlemen. 11 JURORS: Good morning. 12 THE COURT: Good to see you all. When we left 13 yesterday, I believe that we were in the process of hearing the 14 Government Exhibit 1711X, in evidence. Mr. Barkow, is that 15 right? 16 MR. BARKOW: Yes, your Honor, and we ask permission to 17 continue that reading and to continue publishing the transcript 18 on screen to the jury. 19 THE COURT: Yes. 20 MR. BARKOW: May we proceed, your Honor? 21 THE COURT: Yes. 22 (At this point, Government Exhibit 1711X, continuing, 23 in evidence, was displayed and read to the jury) 24 MR. BARKOW: Your Honor, can Mr. Glenn step down? 25 THE COURT: Yes. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 4994 48QLSATF 1 MR. GLENN: Thank you. 2 MR. BARKOW: May I have just one second, your Honor? 3 THE COURT: Yes. 4 (Off the record) 5 MR. BARKOW: Your Honor, at this point, we request 6 permission to play for the jury Government Exhibits 1711CX1 and 7 CX2, which are the DVDs of the prison visit that we just read, 8 and that we be allowed to put the video on the screen and the 9 transcript on the screens in front of the jury. 10 THE COURT: When you read exhibit numbers, make sure 11 to say they're in evidence. And they are, correct? 12 MR. BARKOW: Yes, your Honor, they are. 13 THE COURT: You can play Government Exhibit 1711CX1, 14 in evidence, and Government Exhibit 1711CX2, in evidence. 15 And ladies and gentlemen, if you would put your 16 headphones on, dot facing out, and turn them on. 17 You may proceed. 18 MR. BARKOW: May we proceed, your Honor? 19 THE COURT: Yes. 20 (At this point, Government Exhibit 1711CX1, in 21 evidence, was displayed and read to the jury) 22 THE COURT: Hold on. Stop. There's an -- give the 23 juror another set of headphones. 24 (Juror Number 11: Headphones replaced) 25 THE COURT: Does any other juror need more headphones? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 4995 48QLSATF 1 Shall we go back a page or so? No? Okay. 2 MR. BARKOW: May we proceed, your Honor? 3 THE COURT: Yes. 4 MR. BARKOW: Thank you. 5 (Government Exhibit 1711CX1, continued) 6 MR. BARKOW: Your Honor, that's the break between the 7 two DVDs. I don't know if this is a good time for the recess. 8 THE COURT: We'll take our mid morning break. 9 Ladies and gentlemen, remember to turn the headsets 10 off. Please remember my continuing instructions not to talk 11 about the case. Remember to keep an open mind until you've 12 heard all the evidence and I've instructed you on the law. 13 Have a good break. I will see you soon. 14 (Jury exits the courtroom) 15 THE COURT: All right, see you shortly. 16 (Morning recess) 17 (In open court; jury not present) 18 THE COURT: Bring the jury back. 19 MR. BARKOW: Just so the Court is aware, the next DVD 20 is 43 minutes long. 21 THE COURT: Does that DVD bring us to the end of 22 Government Exhibit 1711? 23 MR. BARKOW: We would have 10 minutes left. Would the 24 Court want us to start reading a transcript at that point? 25 THE COURT: No. We'll see, but -- SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 4996 48QLSATF 1 MR. BARKOW: We'll see? All right. I was just 2 telling the readers whether they should stay. 3 (Jury entering courtroom) 4 THE COURT: You may proceed. 5 MR. BARKOW: Your Honor, at this point we'd ask 6 permission to play for the jury Government Exhibit 1711CX2, 7 which is in evidence, and to display it on the screen with the 8 corresponding transcript. 9 THE COURT: All right. Yes. You may do that. 10 Ladies and gentlemen, please put your headphones on, 11 dot facing forward, turn them on. 12 MR. BARKOW: Your Honor, could we inquire? Is the 13 Court's and are the jurors' screens reflecting the transcript? 14 Because ours is not. 15 THE COURT: No. 16 MS. SHELLOW-LAVINE: No. 17 MR. BARKOW: May we have just a moment? 18 THE COURT: Yes. 19 (Off the record) 20 MR. BARKOW: We might be a moment. This seems to be 21 connected to the Court's wires. We don't know how to deal with 22 this. 23 THE COURT: Take a moment. 24 If it's going to take more than a moment, I'll send 25 the jury out. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 4997 48QLSATF 1 MR. BARKOW: I think it might, your Honor. We might 2 need the assistance of Mr. Blum. 3 THE COURT: Ladies and gentlemen, while we resolve the 4 problem with the transcript on the screen, it's more convenient 5 for you to wait in the jury room. So we'll take a break. But 6 always remember to follow my continuing instructions not to 7 talk about the case; keep an open mind. 8 All rise, please? Follow Mr. Fletcher to the jury 9 room. 10 (Jury exits the courtroom) 11 MR. BARKOW: Your Honor, we're ready to proceed, but 12 we wanted the Court to know that Mr. Blum came and looked at 13 the machine and there's some issue with the Court's machine. 14 It will probably work for the rest of the time. We should not, 15 he said, do any switching in terms of taking it off the screens 16 or anything else, and he'll have a look at it tomorrow. 17 THE COURT: Okay. Thank you. So bring in the jury. 18 (Jury entering the courtroom) 19 THE COURT: Please be seated, all. Ladies and 20 gentlemen, the transcription now will be on your screens. 21 JURORS: Yes. 22 THE COURT: Apparently, it is. All right. We're 23 ready to proceed. 24 And so if you would put your headphones on. The 25 government may proceed to play Government Exhibit 1711CX2, SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 4998 48QLSATF 1 which is in evidence. 2 MR. BARKOW: Yes, your Honor. 3 THE COURT: All right. You may proceed. 4 (At this point, Government Exhibit 1711CX2, in 5 evidence, was displayed and read to the jury) 6 THE COURT: It's noon. 7 MR. MORVILLO: There's about 10 minutes left on this, 8 your Honor. 9 THE COURT: I think we should break. I told the jury 10 we would break at 12:00. I appreciate your stopping, we can 11 always begin at the beginning of the paragraph when we resume. 12 Ladies and gentlemen, we're breaking for the day; for 13 the weekend. Please, please, remember my continuing 14 instructions. They're very important. Please remember not to 15 talk about this case at all, among yourselves or with anyone 16 else when you go home. And that obviously includes today and 17 for the rest of the weekend. And continues throughout the 18 trial. 19 Remember, don't look at, listen to anything to do with 20 the case. If for any reason you see or hear something 21 inadvertently, please simply turn away. Remember to keep an 22 open mind until you've heard all of the evidence, I've 23 instructed you on the law and you've gone to the jury room to 24 begin your deliberations. Fairness and justice to the parties 25 requires that you do that. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 4999 48QLSATF 1 With that, have a very good rest of the day; have a 2 very good weekend. And I look forward to seeing you very much 3 Monday morning at 9:30. Have a good weekend. 4 (Jury exits the courtroom) 5 THE COURT: Please be seated, all. I'll see you all 6 at 9:15 on Monday morning, unless there's anything else to 7 address. Okay, have a good weekend. 8 (Adjourned to Monday, August 30, 2004, @ 9:15 a.m.) 9 o 0 o 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300