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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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- - - - - - - - - - - -

UNITED STATES OF AMERICA,

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-against-

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Defendants.
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July 12, 2010


9:40 o'clock a.m.

APPEARANCES:
For the Government:

LORETTA E. LYNCH
United States Attorney
BY: MARSHALL MILLER
JASON JONES
BERIT BERGER
ZAINAB AHMAD
Assistant United States Attorneys
271 Cadman Plaza East
Brooklyn, New York

For the Defendants:

MILDRED WHALEN, ESQ.


LEN KAMDANG, ESQ.
Federal Defenders
Attorneys for R. DeFreitas,

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United States Courthouse


Brooklyn, New York

TRANSCRIPT OF TRIAL
BEFORE THE HONORABLE DORA L. IRIZARRY
UNITED STATES DISTRICT JUDGE, and a jury

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RUSSELL DEFREITAS
ABDUL KADIR

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CR 07-543

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KAFAHNI NKRUMAH, ESQ.


TONI MESSINA, ESQ.
Attorneys for A. Kadir

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Court Reporter:

Gene Rudolph
225 Cadman Plaza East
Brooklyn, New York
(718) 613-2538

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Proceedings recorded by mechanical stenography, transcript


produced by computer-aided transcription.

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*****

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(The following occurred in the absence of the jury.)

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THE COURT:

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Be seated, please.

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THE CLERK:

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Good morning.

Criminal cause on trial, docket number

07 CR 543, United States versus DeFreitas, et al.

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Please state your appearances.

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MR. JONES:

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Jason Jones, Marshall Miller, Berit Berger and

Good morning, Your Honor.

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Zainab Ahmad on behalf of the United States.

We are joined by

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Detective Investigator Robert Addonizio at counsel table.

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THE COURT:

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For Mr. DeFreitas?

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MS. WHALEN:

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Mildred Whalen and Len Kamdang for Mr. DeFreitas,

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Good morning.

Good morning, Your Honor.

who is seated with us at counsel table.


THE COURT:

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Good morning to all of you.

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For Mr. Kadir?

MS. MESSINA:

Toni Messina with Abdul Kadir at the table.

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Good morning, Judge.


I am

expecting Mr. Nkrumah at any moment.


THE COURT:

Okay.

I have been handed up a total of

four transcripts, courtesy copies apparently of transcripts

that might be used by Ms. Messina to refresh the witness'

recollection.

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MS. MESSINA:

That is correct, Judge.

I have handed those as well to the People.

I mean,

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I'm sorry, I keep saying that, to the government.

I have

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asked them and they have -- I think they have consented, if

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they might show those to Mr. Francis and at some point during

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the morning at least, maybe at the break, maybe the first ones

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now, so that when I ask him about specific events from those

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dates, he may -- we might save some time in

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refreshing -- instead of refreshing his recollection as we go.

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MR. JONES:

We leave it to Your Honor as to how --

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THE COURT:

If it is to refresh his

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recollection -- this is assuming that he doesn't recall the

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events in question -- I don't think it is appropriate to show

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him this first.

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any conversation that's in evidence, any tape recording that's

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in evidence.

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I gather that only one of these is related to

MS. MESSINA:

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That is correct, Judge.

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THE COURT:

I don't think that that's the

appropriate procedure at all, to show this to him in advance

when he hasn't even said that that he needs his recollection

refreshed.

MR. JONES:

Your Honor, for the record, I think -- I

don't think any of those four are in evidence.

of those recordings that -- from my understanding, the

recordings that Ms. Messina would like to deal with, none of

those were put into evidence by the government.

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THE COURT:

Actually none

I have one that is marked "continued."

i am assuming that's what this means, 223 T.


MR. JONES:

Yes.

I believe defense counsel is going

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to be moving to put in the remainder of a conversation which

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we did not put in and which was the subject of prior

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litigation.

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THE COURT:

We've had a lot of conversations that

were the subject of prior litigation.

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MR. JONES:

Yes.

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THE COURT:

My question is whether this is part of

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the transcript that I already ruled that did not come in.
MR. JONES:

Your Honor, I don't want to make

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defense's motion for them.

My understanding is that they want

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to put in as -- the second half, which has been placed before

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Your Honor.

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the -- of Mr. Kadir's motion to preclude certain portions of

You may remember, this was the motion, part of

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the recordings.

I believe it's docket number 342.

defense moved to preclude portions of that recording, the

government mooted that issue by redacting both the recording

and the transcript at page 40.

admitted into evidence nor the transcript in the jury's

binders goes past page 40.

When the

Neither the recording that was

My understanding is that now the defendant Kadir is

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wanting to revisit that issue after we -- we essentially

mooted their motion.

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changed our mind.

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before.

Now they are claiming well, we have

Now we want to put in stuff we didn't want

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We object to that.

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MS. MESSINA:

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THE COURT:

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MS. MESSINA:

May I address that issue, Your Honor?

Yes.
Originally, we moved to preclude parts

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of 223 T, not all of 223 T.

The government originally put in

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as an initial Government Exhibit up to page 52.

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MR. JONES:

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MS. MESSINA:

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We then -- they then revised what they were putting

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That's not right.


May I continue?

in up to page 40.
This is not the entire contents of 223.

223 is

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several hours of conversation.

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of 223 T, not the portion we are seeking now to introduce.

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We moved to preclude a portion

What happened in the court conversation about this

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ruling was that the government said, we will only put in the

first 40 pages and the Court said that was fine.

withdrew our motion to preclude any of this.

conceded that we weren't seeking to admit some of it.

only seeking to preclude part of it.

We then

We never
We were

Our contention is, Judge, that these specific pages

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go to the heart of our defense and need to come in.

them for the judge -- for Your Honor to review because in -THE COURT:

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You expect me to review it in what, two

minutes, before the witness gets on the stand?


MS. MESSINA:

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No, Judge.

I will not be going into

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this until a later part of this morning or even this

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afternoon.

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I left

THE COURT:

Excuse me.

You told me you had about

two hours left of cross of this witness.


MS. MESSINA:

I can't -- that's my best prediction

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but I can't determine with great accuracy how long it is going

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to take to elicit the points we need to elicit.

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The substance of this conversation, Judge, is Kadir

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and Annas are having a conversation about religion in general,

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but as Annas said on the stand, they sought out Kadir's input

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because of his role as a religious leader.

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We submit that it is relevant just because of that,


but more so -THE COURT:

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I disagree.

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That's a collateral issue.

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MS. MESSINA:

THE COURT:

MS. MESSINA:

Well, the --

That's a collateral issue.


The point that Annas made, he sought

out Kadir for why they needed him for this plan, was because

he was going to play the role of the religious leader.

MR. JONES:

That's not accurate.

MS. MESSINA:

I will cite to the part of the

transcript where he says that.

MR. JONES:

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That's Nero.

MS. MESSINA:

Judge, what this conversation is, is a

conversation -THE COURT:

That's correct.

My recollection is that

that was Nero, that they sought out as the religious leader.

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MS. MESSINA:

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the exact part of the transcript.

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THE COURT:

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MS. MESSINA:

If you give me a moment, I will find

Regardless, it is a collateral issue.


Let me continue.

During this

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conversation, there is actual -- it's -- it's the government's

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position that our client was interested in promoting this plan

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and that he was philosophically, morally and he was behind

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everything they were doing, including blowing up JFK Airport.

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In this conversation, the -- he specifically has

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part of the conversation where he talked about we have no

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right to destroy anything because we haven't built anything

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and Annas is very attentive -- attentively listening to this

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and saying thank you for informing me of this.


At a later part, Mr. Kadir, who is the teacher of a

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man named Hussein who has been in and aware of all the

conversations, I will establish, he was staying at the house

when Annas was staying there and he was there when Annas was

showing the map to Mr. Kadir, joined in the conversation to

say, we are not with Al Qaeda.

Al Qaeda does.

We don't agree with what

We don't agree with killing innocent people.

Mr. Kadir is there agreeing and adopting all of

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Mr. Hussein's statements.

He is the teacher and he is

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listening to this student espouse his own views.

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repeatedly in this conversation saying, a hum, a hum, and how

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they repeated -- Mr. Hussein says repeatedly, in -- in Iran,

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or rather Al Qaeda is wrong and we do not agree with their

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policy.
Obviously, the government doesn't want this to come

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in.

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is behind this plan 100 percent.

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defense, that it be admitted.

It conflicts with their theory of the case that Mr. Kadir

MR. JONES:

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But it is crucial to our

Your Honor, first of all, I want to

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correct the record.

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the case.

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prior -- prior litigation on this issue was.

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He's

Ms. Messina has misstated the record in

It just -- just in terms of what the government

It used to be an 80-page transcript, the second half


of which Ms. Messina provided Your Honor this morning.

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top of page two of the -- of their prior motion, which is

number 342, presumably defense counsel acknowledged that it

was an 80-page transcript because they moved to exclude pages

50 to 80 essentially.

is simply belied by the record.

To say now it was originally 50 pages

Second of all, more than half of what they now want

to put in they asked Your Honor before to exclude as

irrelevant and completely inadmissible.

that this is essential to the case is beyond -- certainly

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For them now to argue

strains credulity.
Most of this conversation is with a man named

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Hussein, who is a third-party.

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inadmissible by defense counsel.

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Evidence do not permit this testimony.

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coming back and asking Your Honor to admit it is -- is a day

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late and a dollar short and should be precluded.


MS. MESSINA:

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It's inadmissible; certainly


It is just -- the Rules of
That they are now

Judge, we are not seeking to do it in

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the whole testimony.

As Mr. Jones said, this was an 80-page

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document.

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It's, number one, not lengthy.

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Rules of Evidence because it goes specifically to Mr. Kadir's

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state of mind and this is an element of the crime to prove

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that he had the intent to commit this crime.

We are seeking to admit an additional ten pages.

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MR. JONES:

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MS. MESSINA:

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It is admissible under the

Those ten pages -Excuse me.

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This dialogue, and I think the jury has a right to

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hear it, to make their own decision, about what Mr. Kadir's

state of mind was, when he was giving specific information to

Annas saying they are not interested in the plan.

going to Trinidad.

hatchery, which Mr. Annas interpreted that Mr. DeFreitas said

was a lie.

heard to signify his state of mind at the time he made those

statements.

I am not

The folks aren't interested in the

My client had the right for his own words to be

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THE COURT:

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conspiracy, correct?

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MR. JONES:

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I believe Mr. Francis already testified he wasn't

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Hussein is not a member of the

That's right, Judge.

involved.
MS. MESSINA:

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I will be able to lay a foundation,

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Judge, that Mr. Hussein was part of listening.

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Mr. Francis -THE COURT:

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In fact,

It doesn't matter that he was a part of

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listening.

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statements are rank hearsay and they don't come in.

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If he is not part of the conspiracy, then his

MS. MESSINA:

As I said before, Mr. Kadir has his

teacher standing next to him as this conversation goes on -THE COURT:

For all we know, his intent -- this

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person is not a part of the conspiracy.

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of any of the other conversations of the parties in actually

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He hasn't been a part

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engaging in the plot, in getting the financing, in all of the

technical aspects.

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Why would Kadir even let the student know what he is


really thinking?

MS. MESSINA:

Judge, if I can?

Mr. Hussein, or

Mr. Francis said in a 302 to Louie Napoli, his handler, that

when he was telling Mr. Kadir about this plot and actually

showing him the map, he noticed that there was a man, a very

nosy person paying attention to what was going on.

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Mr. Hussein.

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That's

He named him.

After that event they specifically -- Mr. Hussein

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with Mr. Kadir next to him talked about this specific issue of

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violence as a justifiable way to go about to try to promote

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Islam.

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Hussein -- I am going to read it to you, Judge.

think it needs to be in the record.


Hussein says -- this is on page 41 of the submission

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I gave you which is I wrote on 223 T continued, line nine.

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Starting early, Hussein says 9/11.

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Kadir says, oh, oh, oh.

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Hussein said, I said clearly we condemn it.

Of

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course, I don't know maybe you have different opinions because

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in my -- in our view this is a terrorist attack.

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He is speaking in the collective, our view, next to


his teacher, Mr. Kadir.

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Why I said you want to succeed in life.

You need to

follow this man because you know to take life, you need

authority, to take somebody's life.

I would establish, Judge, that he is -- a follower

of Mr. Kadir.

Mr. Kadir agrees, ah hum.

Allah.

this.

Hussein -- again Mr. Kadir is always agreeing, ah hum,

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ah hum.

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it, you cannot do it.

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Hussein says the only authority is

I am going to skip down to another important part of

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He is referring to this man, Mr. Kadir.

Line 31, Hussein says, take life.

To say you can do

But it all depends to one who -- then again he says


there is no one but Allah.
Then I am going to skip ahead because I want to

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focus on the specific issue relevant, beyond the religious

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issue that he is informing him about.

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On page --

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THE COURT:

Okay.

Let's continue with the

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cross-examination.

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because I really don't want to hold up the jury.

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been provided to me on Friday, perhaps I could have taken a

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look at it over the weekend and we wouldn't have had to delay

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matters today.

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don't want to take up any of the jury time.

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I will take a look at it during the break


Had this

I mentioned this to counsel before.

I really

It does seem to me that the defense has shifted

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gears here, on the one hand you want to preclude something.

Now all of a sudden you want to bring it in.

Mr. Hussein says, who is not a conspirator, a coconspirator

here, is rank hearsay.

MS. MESSINA:

THE COURT:

MR. NKRUMAH:

THE COURT:

I want to take a look at the conversation.

Whatever

He can't speak to Mr. Kadir's intent.


Judge, as I said, he is adopting --

I heard what you said.


Your Honor, may I?

No.
I will

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consider it over the break and then we will discuss it after

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the break.

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MS. MESSINA:

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THE COURT:

Thank you, Judge.

Unless there is something absolutely

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immediate that needs to be dealt with, I would like to put the

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witness on the witness stand.


MS. MESSINA:

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There is some good news, Judge, which

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is I think we are very close to coming to a stipulation about

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several of the Trinidadian witnesses so they won't need to be

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called.

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Judge, may I just set up at the podium?

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THE COURT:

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You should have been set up already.

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MS. MESSINA:

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MR. JONES:

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Yes.

Thank you.

Your Honor, should the witness be

brought in?

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THE COURT:

Yes.

MR. JONES:

Thank you.

(Witness present.)

THE WITNESS:

(Jury present.)

THE COURT:

You may all be seated.

Good morning, ladies and gentlemen.

I hope you had a nice weekend.

Good morning.

Jury entering.

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THE WITNESS:

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THE COURT:

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He is coming.

Good morning.

I hope you are all rested because we

have a lot of work to do this week.

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You need to have the shades on?

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A JUROR:

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THE COURT:

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Okay.

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Sorry.
Thank you.

The parties all agree that all of our jurors

are present and properly seated?

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MR. JONES:

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MR. NKRUMAH:

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MS. WHALEN:

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THE COURT:

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Yes, Your Honor.


Yes, Your Honor.
Yes, Your Honor.
Okay.

cross-examination of Mr.

Steven Francis.

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Good morning, sir.

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THE WITNESS:

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THE COURT:

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This is continued

Good morning.

I remind you that you are still under

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oath.

THE WITNESS:

THE COURT:

Yes.

As you know, there is water there for

you to have if you like.

This is by Ms. Messina.

MS. MESSINA:

THE COURT:

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S T E V E N

Thank you.

May I approach the podium?

Yes.

F R A N C I S

called as a witness, having been previously duly

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sworn, was examined and testified as follows:

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CROSS EXAMINATION

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BY MS. MESSINA: (Continued)

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THE COURT:

You may proceed when ready.

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This is on behalf of Mr. Kadir.

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Mr. Francis, good morning.

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Good morning.

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Now, when we left last Thursday, do you recall we were

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talking about you visiting Mr. Kadir at his home?

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Yes.

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THE COURT:

Which day?

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Did you visit Mr. Kadir on more than one occasion at his

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home?

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Yes.

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We are talking -- do you recall we were talking about the

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day when you presented the video to him on his computer.

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Correct?

Yes.

In relation to that, didn't you have a conversation with

Mr. DeFreitas shortly thereafter, maybe the next day, about

Mr. Kadir's reaction to having seen the video?

Yes.

Didn't Mr. DeFreitas express to you his frustration that

he thought the showing of the video wasn't as dramatic as it

had been for Mr. Rutherford?

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No.

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Do you recall having a conversation -- withdrawn.

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Did you have a chance to look over a transcription

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of the conversation you had with Mr. DeFreitas about showing

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the video to Mr. Kadir?

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You -- yes.

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In that transcript, in that conversation, isn't it true

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that Mr. DeFreitas complained to you that he thought the video

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didn't show as well the tall buildings and planes?

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MR. JONES:

Objection.

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THE COURT:

Sustained.

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What was the conversation you had with Mr. DeFreitas

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about -- withdrawn.

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What did Mr. DeFreitas tell you about the difference

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that Mr. -- of what Mr. Rutherford saw and what Mr. Kadir saw?

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What he meant was that the video was not as big on the

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computer as it was in Sheik Rutherford's office.

on a TV screen, is that right?

On a 25-inch TV screen, yes.

Isn't it a fact that, in fact, later on you showed the

video to Mr. Ibrahim?

Later on when?

When you showed the video -- when did you show the video

to Mr. Ibrahim?

Okay.

That was because you showed it to Sheik Rutherford

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When we were in Trinidad, Sheik Mohammed, Abdel Nur and

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I.

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video to Mr. Ibrahim, isn't it a fact Mr. DeFreitas asked that

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you specifically show it on the TV screen as opposed to a

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computer?

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Yes.

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During that meeting with Mr. Kadir at his home, the one

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we have just been speaking about, didn't you say my client

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asked for blueprints?

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Yes.

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Didn't you say at that very meeting you discussed that

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the tanks were double-walled?

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At some point we discussed the double-wall tanks.

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Are you saying now it wasn't at that meeting?

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What I'm saying is that Sheik Kadir mentioned that the

That's what I am talking about.

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When you showed the

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tanks were double-walled -- a double-wall tanks and he did not

believe, Sheik Kadir did not believe that --

Mr. Francis, I am asking a very specific question.

Did you discuss this issue that you are now

discussing at that first meeting in Mr. Kadir's house, yes or

no?

We discussed the matter of tanks.

At that first meeting, yes or no?

I believe strongly that we did at that point.

I mean,

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yes.

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So that's a yes?

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Yes.

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It was also at that first meeting, didn't you say, that

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he spoke to you about connections of his in Venezuela and?

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Iran?

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Mr. Kadir mentioned connections, yes.

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Again, at that first meeting, correct?

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Yes.

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Mr. Francis, you did not tape-record any part of that

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meeting, correct?

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That is correct.

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And you later reported what happened at that meeting to

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Louie Napoli, correct?

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Yes.

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Because you are, as you had said on direct examination,

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the eyes and ears for the FBI, correct?

Yes.

Mr. Francis, isn't it a fact you never told Louie Napoli

that Mr. Kadir asked for blueprints at that meeting?

I did told Louie Napoli about the blueprints, yes.

Okay.

at that meeting Mr. Kadir spoke of a two-sided tank and the

explosion itself?

Would you like to ask me the question once again?

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Yes.

Isn't it a fact you didn't tell Louie Napoli that

Isn't it a fact that you did not tell Louie Napoli

11
12

anything about Mr. Kadir's discussion about the tank formation

13

or the explosion?

14

I told Louie Napoli about the double-sided walls, yes.

15

Okay.

16

meeting, correct?

17

Like I said before, yes.

18

Isn't it a fact you didn't tell Louie Napoli either that

19

Mr. Kadir mentioned he had connections that he was going to

20

try to seek out in -- specifically in Venezuela or Iran?

Because that's what you discussed at that first

21

MR. JONES:

Objection.

22

THE COURT:

No.

23

Did you tell him that?

24

THE WITNESS:

25

Overruled.

Yes.

I will allow it.

I told Louie Napoli that Kadir

was going to speak to his connections and will take two weeks

GR

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1

to come back with the answers.

connections in Venezuela and Iran?

I spoke to him about that, yes.

Yes.

3170

Did you specifically tell Louie Napoli that they were

You also said, correct me, didn't you also say on

6
7

direct that it was at that meeting Mr. Kadir shared the fact

that he was an engineer with you?

He said that he was a civil engineer, yes.

10

He specifically told you that, you gained that knowledge

11

at that first meeting, right?

12

13

meeting, but I believe strongly that he mentioned that he was

14

a civil engineer, yes.

15

16

some of the things that happened three years ago?

17

18

knowledge of three years ago, I will be able to actually tell

19

you exactly what happened on the particular times.

20

21

when you met Mr. Kadir.

22

Right.

23

You stated that one of the reasons he spoke in a detailed

24

way about the tanks was because you learned he was an

25

engineer, a civil engineer?

I cannot 100 percent recall if it was at that first

Fair to say, Mr. Francis, it is difficult to remember

If you can actually help me recollect some of the

I am asking about your knowledge of that particular day

GR

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Yes.

And it was at that meeting you learned that, correct?

Yes.

Isn't it a fact that the next day you had a conversation

with Mr. DeFreitas and during that conversation Mr. DeFreitas

casually tells you oh, by the way, he's an engineer, referring

to Mr. Kadir?

Yes.

As if you never knew he was an engineer, correct?

10

I was listening to him.

11

And you said -- when Mr. DeFreitas told you that, you

12

didn't say oh, I knew that.

He told me that yesterday.

13

You didn't say that?

14

MR. JONES:

Objection.

15

THE COURT:

Sustained.

16

17

you know Mr. Kadir was an engineer, you said, what kind of

18

engineer?

19

20

that the information was correct, and as he has said before,

21

that he was a civil engineer I was actually waiting for him to

22

explain exactly what kind of engineer, just to make sure that

23

Mr. Sheik Kadir had actually spoken the truth.

24

25

Didn't you say when he told that you Mr. -- when he let

As I was recalling at that moment, I wanted to make sure

Oh, all right.


So you just repeated the information you already

GR

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3172

knew from the day before?

say that he was a civil engineer, not me.

about that.

in that conversation, what kind of engineer?

Like I said before, Sheik --

If you can answer yes or no?

I --

10

Or you don't remember?

11

I did say what kind of engineer.

12

All right.

13

you he needed two weeks in order to see if he could reach any

14

contacts?

15

No, he didn't say that.

16

What was the two weeks that you spoke of?

17

He asked for two weeks to come back to us.

18

Didn't he tell you don't call me for two weeks?

19

He did not say that.

20

Well, what -- can you explain a little further what did

21

he mean -- withdrawn.

I didn't.

It was Sheik Mohammed that actually decided to


I did not inquire

He mentioned it on his own.

Mr. Francis, didn't you specifically say to Mr. DeFreitas

Mr. Kadir didn't -- isn't it true, he told

What did he say about two weeks?

22
23

When the JFK plot was presented to him, Sheik Kadir

24

mentioned that already some people had some interest on that

25

same chicken farm and he needed to get in touch with them just

GR

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3173

to inform them of the knowledge that Sheik Mohammed had.

Which eventually, soon after, he mentions that they were

looking at his -- Sheik Mohammed's avenues a more stronghold

than the information that they already had.

I don't understand your answer.


My question is, did he tell you he needed two weeks

to see if he could contact anyone?

No, he didn't say that.


He said that he will

get back at us in two weeks

10

about a matter that was presented to him.

11

12

you or did he say you should get back to him?

13

14

weeks to get information back to us.

15

Now, you said -- are you sure he said he'll get back to

He said that he will

be -- he said that he needed two

Mr. Francis, I asked you, did he --

16

THE COURT:

17

Move on, please.

18

It has been asked and answered.

Was in -- isn't it.

Withdrawn.

When those two weeks were pending, you went back to

19
20

New York, correct?

21

We came back to New York, yes.

22

It was in that trip back to New York that Mr. DeFreitas

23

got searched at the airport, correct?

24

Yes, in the second trip.

25

Didn't you say on direct that Mr. DeFreitas was carrying

GR

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3174

something important or related to the plot when he was

stopped?

MS. WHALEN:

THE COURT:

Objection.
Sustained.

Mr. DeFreitas, is this correct, Mr. DeFreitas was upset

when he was searched?

Yes.

And you answered -- well, what -- why was he upset?

Like I mentioned before, he was upset because he was

10

heavily searched and they have found personal documents of

11

Sheik Kadir on his possession.

12

they was going to put a chip in his passport when his passport

13

expired which was very near after, very close, few months

14

later after that.

15

16

given to him by Mr. Kadir that related to the plot?

17

18

his family.

19

Did any of those documents relate to the plot?

20

No.

21

Mr. Kadir wasn't worried when you told him that his

22

documents had been seized, correct?

23

I cannot say that.

24

Didn't you have a conversation with Mr. DeFreitas about

25

this that stopped, that was taped, that you taped?

Okay.

And they had told him that

Now, was Mr. DeFreitas carrying any documents

He was entrusted with personal documents of himself and

GR

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1

He mentioned what?
THE COURT:

2
3

3175

I'm sorry.

Can you repeat the question,

please?

MS. MESSINA:

Yes.

After the stop, didn't you and Mr. DeFreitas talk about

what happened at the stop?

THE COURT:

At the search you mean?

MS. MESSINA:

At the search, yes, Judge.

Yes.

10

That was taped, correct?

11

Yes.

12

During that conversation, didn't you and Mr. DeFreitas

13

talk about how Mr. Kadir was not worried at all about having

14

had the documents taken?

15

I don't recall that.

16

Now, after this happened, you continued to call

17

Mr. Kadir?

18

Yes.

19

In fact, it is fair to say you were pretty much and

20

Mr. DeFreitas always calling him?

21

Yes.

22

And you informed Mr. Kadir at one of those occasions that

23

you did download Google Earth, correct?

24

Under his instruction, yes.

25

Right.

GR

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CM

He never called you?

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Now, when you told him you downloaded Google Earth,

1
2

3176

did he respond to you -- withdrawn.

Didn't he respond to you in a way that seemed he

almost didn't remember why you downloaded Google Earth?

No, not correct.

Didn't he say to you, well, from that I said we can look

and identify any area, like Guyana.

good, good.

10

That's not so.

And I also mentioned the chicken farm and he said good,

Right.

11

It was only after he said that first, speaking just

12

of Guyana, that you had to remind him about the chicken farm?

13

That's not correct.

14

Didn't you ask him if he needed other details or if he

15

could work with just the basic Google Earth download?

16

Yes.

17

Didn't he say to you that's fine, I can work with that,

18

what you got?

19

So he answered the question.

20

Yes.
And he didn't say anything to you about needing

21
22

blueprints in that conversation?

23

We was talking about Google Earth.

24

Can you answer the question?

25

Did he say anything to you in that conversation

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3177

about needing blueprints?

No.

He didn't say anything to you about distances between

things or to the road from the tanks on the map?

He did not ask me for blueprints.

it.

And the distance of the tanks or whatsoever, this -- this

he knew very well, this was a sensitive matter, and this is

the reason why he picked those specific names of the plot

because he didn't say oh you mean the JFK Airport.

He asked Mohammed for

He

10

mentioned the chicken farm.

11

You mentioned chicken farm first, didn't you?

12

And he also mentioned it later on his own.

13

Now, you are assuming that's why he didn't ask for these

14

things, isn't that correct?

15

16

to do.

17

18

Yes or no?

19

20

look at the chicken farm, which is the JFK, and the matter

21

that he will understand what the landmarks exactly that Sheik

22

Mohammed was actually looking at.

23

more interested in Google Earth prints and in blueprints that

24

actually he never asked me for.

25

he said Sheik Mohammed will --

I don't assume anything.

I just go with what I am asked

Well, he didn't say any of those things to you, did he?

He asked me to download Google Earth for him to take a

GR

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Instead of the video he was

He asked Sheik Mohammed and

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3178

Excuse me, Mr. Francis.


When did he ask Mr. Mohammed for those blueprints?

2
3

Sorry?

When did he ask Mr. Mohammed, Sheik Mohammed, ask for

those blueprints?

had in his house with Abdul Wahab.

him do you need any more details or is this enough, he never

10

In that same meeting, the first meeting that actually we

Okay.

But on this occasion when you specifically asked

asked for more blueprints or mentioned blueprints at all?

11

THE COURT:

Asked and answered.

12

MS. MESSINA:

13

Judge, already in evidence is 214 T.

Thank you.
I would like

14

to play a part of that, if I may, for Mr. Francis.

15

16

in the binder in front of you?

17

THE COURT:

18

Mr. Francis, do you still have the transcript from 214 T

Do you want the jury to turn to their

binders?

19

MS. MESSINA:

20

or look at their transcript, yes.


THE COURT:

21
22

23

of page nine?

24

25

Yes.

Or at least if they need to --

Okay.

I am going to ask you, Mr. Francis, to start at the top

Can you repeat that, please?


THE COURT:

GR

I'm sorry.

OCR

CM

Your voice faded off,

CRR

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1

Ms. Messina.

MS. MESSINA:

THE COURT:

microphone and your voice is fading off.


MS. MESSINA:

THE COURT:

everyone to turn to?


MS. MESSINA:

THE COURT:

What page did you want

Page nine, the top.

Thank you.

MS. MESSINA:

Judge, do you mind if Mr. Therrien

helps me figure this out?

12

THE COURT:

13

MS. MESSINA:

14

All right.

15

I apologize.

I'm sorry.

11

I'm sorry, Judge?

You were not standing in front of the

10

I am not the most adept at --

Not a problem.
Thank you.

I am going to play starting from the top

of that page.

16

THE COURT:

17

MS. MESSINA:

18

The audio is on, Judge?

From line one?


It -- yes, it should be.

19

off and only put witness audio.

20

are in here.

We had originally turned

I am not sure what gear we

21

THE COURT:

22

(Tape plays; tape stops.)

23

THE COURT:

24

MS. MESSINA:

25

3179

It is on.

It is not page nine.


Yes, Judge.

I apologize.

to see where I am.

GR

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I am trying

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3180

Give me one moment.

MS. WHALEN:

MS. MESSINA:

We may be starting a little before page nine.

Go ahead.

(Tape plays; tape stops.)

MS. MESSINA:

I believe it is page seven.


Thank you.

Judge, we are at the bottom of page

seven.
(Tape plays; tape stops.)

9
10

This is the part of the conversation where you are just

11

talking about products, that you are -- that Mr. DeFreitas is

12

thinking of importing up from Guyana.

13

Yes.

14

And one of those products is Greenheart, correct?

15

Yes.
MS. MESSINA:

16
17

Is that correct?

I am going to skip ahead and try to

get the right part.


(Tape plays; tape stops.)

18
19

That's your voice, correct, Mr. Francis?

20

Yes.

21

You are giving the traditional greetings?

22

alaikum?

23

That is correct.

24

We are at the bottom of page eight, is that correct?

25

Yes.

Assalam

Is that correct?

GR

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3181

(Tape plays; tape stops.)

1
2

Mr. Kadir says to you, were you ever able to use the DVD

or the CD.

What's he referring to, if you know?

He gave me a CD or DVD pertaining to like -- I believe

something about Guyana or something like that.

can't recall right now exactly what was the DVD about.

It had nothing to do with the plot?

No, of course not.

10

Did you review it?

11

I don't -- I don't think I, at that moment I had the

12

chance to review it.

13

MS. MESSINA:

14

(Tape plays; tape stops. )

I am not -- I

This should be the top of page nine.

15

You are the first person in this conversation who

16

mentions anything about Google Earth, isn't that correct?

17

Yes.

18

You tell Mr. Kadir you downloaded it, correct?

19

Yes.
(Tape plays; tape stops.)

20
21

You ask him if there is anything specific that he wants

22

you to do with Google Earth, is that correct?

23

Yes.

24

And by that, you're meaning anything to enhance the

25

image?

GR

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3182

What are you meaning when you ask him that?

1
2

He asked me to download, Sheik Kadir asked me to download

Google Earth and in regards of the JFK and I needed to know if

he -- what specifically he needed from there because he's the

one that asked me to download it and to see it.

opposed to told you to download it?

He told me to download Google Earth.

After you ask him specifically what Mr. Kadir would like

So --

Isn't it fair to say, he suggested you download it as

10

you to do with it, he gives you a general answer, about

11

looking at Guyana.

12

(Tape plays; tape stops.)

13

He doesn't mention anything about chicken farm when

14

you tell him about Google Earth?

15

16

what we had spoken about.

17

before that we should use chicken farm, is because there is no

18

way in the world that we going to be talking about the JFK

19

Airport or downloading anything on the phone.

20

21

aren't you?

22

No.

23

Okay.

He said Guyana or anywhere else.

I had to understand

This is the reason why he mentioned

Again, Mr. Francis, you are reading into what he says,

I am following instructions.

24

(Tape plays; tape stops.)

25

So you are the first person again in this

GR

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3183

conversation to remind him why he asked you to download Google

Earth, right?

I already have download, the Google Earth, for him to

acknowledge that I already did what he asked me.

I don't have Google -- remind him.

I'm telling him that

As you see, right after, he says, okay, okay.

can locate it on Google Earth?

actually what the chicken farm is.

You

So he's in agreement of

Right.
When you ask him if there is anymore details he

10
11

needs, he doesn't say that he does need any more details, does

12

he?

13

14

your phone Cingular.

15

information on the phone.

He does actually.

You see, he asked me, my phone -- is

I am going to text you.

If you can play the whole tape we will be able to

16
17

understand it a little better.

18

That's fine.

19

(Tape plays; tape stops.)

20

Okay.

21

So -- some

So he tells you he will text something to you

tomorrow morning.
Do you ever receive anything from him the next day

22
23

on your phone?

24

No.

25

Let's move on.

GR

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3184

Now, at some point, about two weeks after he told

1
2

you to get back in touch with him, you did call him again,

correct?

Yes.

Sheik Mohammed asked me to.

he found anyone interested in the plot, isn't that correct?

Sheik Mohammed was interested in knowing, yes.

Didn't you call him on the morning of March 7th, on your

10

Okay.

And Sheik Mohammed through you wanted to know if

own, to find out if he reached out to any of his contacts?

11

THE COURT:

I'm sorry.

12

MS. MESSINA:

Call whom?

Excuse me, Judge.

Didn't you call Mr. Kadir on the morning of March 7th to

13

14

find out if he had reached out to any of his contacts?

15

16

Kadir numerous times.

I can't recall the day, but I remember calling Sheik

I would like to know exactly if you have anything to

17
18

refresh my memory.

19

Do you have 216 T?

20

THE COURT:

21

MS. MESSINA:

22

Would you?

23

Thank you, Judge.

24

This is already admitted into evidence, Judge.

25

THE COURT:

GR

Do you want the jury to turn to that?


Yes.

Yes.

OCR

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1

MS. MESSINA:

THE COURT:

MS. MESSINA:

From the beginning, page two.

THE COURT:

3185

May I play it for Mr. Francis?

From where?
One moment, please.

All right.

The very beginning.

That's 216, jurors, from the

beginning, which is page two.


(Tape plays; tape stops.)

7
8

Mr. Francis, that's your voice again, correct?

Yes.

10

When you made this call, do you know if Mr. DeFreitas was

11

in the room with you?

12

I don't recall that.

13

Is it -- if you were in the room with you -- withdrawn.


Some of these tapes have your introduction to them,

14
15

where -- withdrawn.

16

Don't some of these tapes have your announcement

17

before you make the call, that you are making the call and

18

what time you are making the call?

19

Yes.

20

And some of them don't, correct?

21

Yes.

22

Is it fair to say, when you have that introductory

23

message before you make the phone call, you are making the

24

call by yourself pretty much, not with Mr. DeFreitas handy or,

25

rather, in the same place?

GR

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3186

Sometimes I do introduction before I make the call

because DeFreitas is not actually near me.

not near me, I will actually do that.

Mr. DeFreitas was -- was here when you made this call.

Let's listen to this.

Sheik Mohammed is

Perhaps you will recall if

You are calling Mr. Kadir on this instance to find

6
7

out if he contacted anyone about the chicken farm, right?

Yes.
(Tape plays, tape stops.)

9
10

11

here.

Now, he is talking about a building being demolished

What, if you know, is he referring to?

12
13

He's talking about the cinema, where the two thieves that

14

assaulted me the day I was reporting to Louie Napoli, on the

15

second time that I got mugged there.

16

demolished because of -- of -- of the area had been such a

17

good area, actually.

18

19

make the place where you were mugged -- to have it taken down,

20

is that correct?

21

That is correct.

22

That has nothing to do with the chicken farm, correct?

23

That is correct.

24

Now, it is during this conversation that he specifically

25

tells you that the folks don't want to deal with the hatchery,

He was working to get it

So Mr. Kadir is telling you that he's doing some work to

GR

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1

correct?

I don't recall that.

Let's play this.

3187

(Tape plays; tape stops.)

So Mr. Kadir specifically says to you, that the

folks do not want to deal with the hatchery, doesn't he?

they will keep it in mind.

9
10

He's saying that not right now, it's too sensitive, but

If you keep actually playing the tape a little bit


more, I would appreciate that.

11

(Tape plays; tape stops.)

12

(Continued on next page.)

13
14
15
16
17
18
19
20
21
22
23
24
25

GR

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1

CROSS-EXAMINATION CONTINUED.

BY MS. MESSINA:

Correct?

No, he did not say that.

Well, he says that at this time they don't want to touch

it?

It is too sensitive.

Right.

So he tells at the moment the people are not interested.

So he's saying they don't want to touch it right

10
11

now, it's too sensitive?

12

Right now.

13

Okay.

14

But they will keep it in mind for later on.

15

And he never tells you who he contacted, does he?

16

He mentioned it at some point, yes.

17

Oh. When did he mention?

18

First of all, he mentioned it in the first meeting when

19

he says that he had connections in Venezuela and Iran, and

20

then, he also mentioned it later on as well.

21

Did you ever give that information to Mr. Napoli?

22

I informed Mr. Napoli of everything, yes.

23

So you told Mr. Napoli the people that Mr. Kadir said he

24

contacted.

25

He mentioned that he had contacted him in Venezuela as

MARSHA DIAMOND, CSR


OFFICIAL COURT REPORTER

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3189
1

well as in Iran, yes.

Mr. Kadir ever give you names of people he contacted?

No.

And so this point when he's telling you the folks are not

interested did you take that as a setback in the plan?

Sheikh Mohammed about it, and I also told Louie Napoli about

it and I am just there waiting to see what will be the next

I asked about names.

Did you ever tell Mr. Napoli or did

I didn't take it in any direction.

10

move for Sheikh Mohammed.

11

Actually, I informed

And did Mr. DeFreitas take it as a setback for the plan?

12

MR. JONES:

Objection.

13

THE COURT: Sustained.

14

You were with Mr. Defreitas in the day when you told him

15

what Mr. Kadir said; right?

16

I'm sorry.

17

Later you told Mr. Defreitas what Mr. Kadir said in this

18

phone call?

19

Yes.

20

Mr. Defreitas -- did Mr. Defreitas view it as a setback

21

to the plan?

Can you repeat that?

22

MR. JONES:

23

THE COURT: Sustained.

24

Can I have the jurors close your books if we are not

25

Objection.

looking at -- hearing the transcript.

Just close it and keep

MARSHA DIAMOND, CSR


OFFICIAL COURT REPORTER

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it handy, okay? Thank you.

said it was too sensitive at this time because of the airport

stop; isn't that correct?

You hypothesized on direct, Mr. Francis, that Mr. Kadir

Well, I -THE COURT:

Sustained as to form.

Mr. Francis, did you attribute the fact that it being

sensitive -- Mr. Kadir said it was sensitive to the stop of

Mr. Defreitas at customs in New York?

10

I can't understand your question.

11

Let me make it more simple?


Mr. Kadir told you the folks weren't interested

12
13

I'm sorry.

right now in this plan; is that correct?

14

THE COURT:

Asked and answered.

15

MS. MESSINA: I am just trying to break down the

16

other question Judge.

17

Mr. Kadir told you it was sensitive right now?

18

Yes.

19

In any taped conversation did he tell you why it was

20

sensitive?

21

22
23

I can't recall right now.


MS. MESSINA: I want to play the rest of that

conversation. So that's back to page three.

24

THE COURT: This is 216 T is the transcript. 120.

25

I remind you, ladies and gentlemen, it's the

MARSHA DIAMOND, CSR


OFFICIAL COURT REPORTER

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conversation itself, the audio recording, that's the evidence,

and the transcript is merely an aid to help you follow along.

I know these books are kind of big and clunky to deal with,

but you can open up to help you follow along.

about other things, apart from the chicken farm; isn't that

correct?

Yes.

And the answer is about a sword?

10

Yes.

In the rest of this conversation, Mr. Francis, you talk

(Tape played); (Tape stopped)

11
12

What sword is he referring to?

13

He asked me if he Katana.

14

and it is used for marshal arts purposes.

15

Is that something you told him you would get for him?

16

That is something he asked me to.

17

Is that something you told him you would get for him?

18

Like I said, that is something he asked me for, and if he

19

asked me for it I can get it for him, yes.

20

Were you going to get it for him?

21

I was trying to get it, yes.

22

Did you ever end up getting it for him?

23

Yes.

24

Is that an expensive item?

25

No, it not it.

Katana is a Japanese sword,

Is a novelty item.

MARSHA DIAMOND, CSR


OFFICIAL COURT REPORTER

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(Tape played); (Tape stopped)

Now, what is he talking about here, what is this wood

material?

inquiring for.

from Guyana?

This is the wood that actually Sheikh Mohammed was

And was this part of a plan to try to export something

That's correct.
(Tape played); (Tape stopped).

Now,

10

what was he referring to here, the document

11

and the other things you took over?

12

13

help him build a masjid, a place of prayer and he had gave him

14

some sort of blueprints about the place, where the location or

15

the land, and how big, approximately, the place was going to

16

be, and he gave instructions of, you know, about himself and

17

the members of his family that was actually going to be

18

involved in this project.

19

And did you say he gave you blueprints about the mosque?

20

I think it was a land -- it was like a blueprint of the

21

land, the size of the land, actually.

22

And did that get seized at the airport, do you know?

23

It was -- I don't know exactly which of the documents

24

were copied.

25

He asked that we pursue or we try to get the brothers to

I wasn't present.

Did everything that got seized get copied and given back

MARSHA DIAMOND, CSR


OFFICIAL COURT REPORTER

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to Mr. DeFreitas or not?

Yes.

And did you and Mr. Defreitas take these documents do

anything with them to actually help promote them up?

asking monies for --to build this masjid.

And did you make the flyers and Mr. Defreitas?

Yes.

And what did you do with those flyers?

10

I presented to Sheikh Mohammed and he chose what to do

11

with them, which is give them to people that were being

12

inclined to promote that place of prayer.

13

14

mosque?

15

Which Bilal?

16

Bilal in the -- well, let me play the tape?

Yes.

Mohammed asked me to do flyers for them -- for the

And who is Bilal, if you know, in relation to this

(Tape played); (Tape stopped)

17
18

Now, what does that mean we're going to do it Friday?

19

I was asked to do the flyers and Jumar just may prayers

20

at Khoe Mosque.

21

Sheikh Mohammed to Sheikh Shukrijumah

22

And is Jumar prayer a formal gathering of moslems?

23

Yes.

24

And is that the one you are referring to be happening in

25

a mosque?

The flyers were going to be presented by


and other people.

MARSHA DIAMOND, CSR


OFFICIAL COURT REPORTER

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What.

Would it be happening in a mosque?

What would be happening in the mosque?

The jumar prayer?

Yes, in the mosque, yes.

And would that --how many people might be gathered for a

Friday Jumar prayer ins this particular mosque?

I can't tell you that.

It is a handful or dozen or is it larger?

10

It all depends on the Friday.

11

location.

12

prayer, sometimes it is full of people.

13

Depending on -- variables.

14

15

Back before -- I belive it was back before you got involved

16

with anything of this, didn't you say the FBI asked you to

17

actually go to a mosque to do security?

18

19

yes.

20

21

You were doing security"?

22

23

some people overseeing their well-being of the people, whether

24

it is directing them to where to prayer, directing them into a

25

bathroom, and also making sure that while the people are

I don't know.

I mean it all depends.

All depends on the


Just like every place of
Sometimes it's not.

Okay. I wanted to revisit something you said on direct.

I was doing security at a mosque as a detail for the FBI,

Does that mean you were working -- what does that mean:

This is -- in all the places of prayers there's always

MARSHA DIAMOND, CSR


OFFICIAL COURT REPORTER

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praying and they are not being attacked randomly by strangers

or many other instances why in places or mosques they have

security.

mosque, or did the FBI ask you to do it as a something like a

spy in a mosque, to see what you could find out?

have to report.

by the FBI and that's as far as I can go with that.

I was CI for the FBI.

So everything I get intact with I

And by me doing the security it was approved

MS. MESSINA: So I was asking about Ibal, let me just

10
11

Now, were you doing the security as a person to protect a

finishing playing.
(Tape played): (Tape stopped)

12

So he's asking you on Friday if you are going to work

13

14

with Ibal your not, which Ibal is he referring to?

15

16

actually friends with him for a long time, and was dealing --

17

was friends also with Sheikh Mohammed, and was actually

18

current employer and provider of a letter for Sheikh Mohammed.

He was referring to the Ibal, the Moslem brother that was

19

MS. WHALEN:

20

THE COURT:

21
22

Objection.
Can I see counsel please at the side

bar.
(Continued on next page)

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24
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MARSHA DIAMOND, CSR


OFFICIAL COURT REPORTER

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THE COURT: What is the objection?

MS. WHALEN:

When the trial began the government

said they are not eliciting certain statements by agents of my

client and I believe that this about to discuss my client --

where my client asked about writing a letter so he can

continue to receive social security benefits.


MS. MESSINA: That's not my intention in asking the

7
8

question.

THE COURT:

9
10

I will rephrase its so it is much more specific.


Bilal Rutherford, why can't you just ask

a straight forward question.


MR. MILLER:

11

Keep it simple.

It is fine as long as we keep it simple

12

but if Ms. Messina or defense is going to go into Bilal as a

13

friend of both of these people, and Bilal as some sort of

14

reason that Mr. Kadir is dealing with these people, then that

15

fact that Bilal was also engaging in welfare fraud with Mr.

16

Defreitas may become an issue. I don't think we should go

17

anywhere near there but if this becomes part of the defense it

18

would open the door to all kinds of matters.

19

MS. MESSINA: That is not my intention.

I wanted to

20

establish that he was also someone who is a contact in New

21

York.

22

the Bilal --

And I would ask the question is asa to whether that's

THE COURT: That is a separate issue.

23

I don't know

24

why you need to go into so much detail about it. Very simple

25

question:

Is this the same Bilal who was known as Rutherford

MARSHA DIAMOND, CSR


OFFICIAL COURT REPORTER

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that you met with in Guyana.

2
3

MS. MESSINA: That is not what I am trying to elicit.


I am not assuming the jury assumes that.

THE COURT:

How do you know that.

MS. MESSINA: I will ask.

You could be right and the

other issue I wanted to bring up is that Bilal was the reason

Mr. Defreitas even heard of Mr. Kadir-- if this witness knows

that.

THE COURT:

Well, how would he know that?

10

MS. MESSINA: Because he had all these conversations.

11

MR. JONES:

12

MS. MESSINA: You know this is not a big important

13

That is hearsay.

part of cross.

14

THE COURT:

Well, you are running very close to

15

opening the door to all this other area sand you know,

16

unfortunately, you will bring the codefendant with you.

17
18

MS. WHALEN:

The codefendant is going to be asking

for a mistrial.

19

THE COURT: So I don't see why there's a need to go

20

into that much detail when there's other things that you can

21

ask in connection with their dealings with respect to the

22

mosque that have nothing to do necessarily with Bilal.


MS. MESSINA: That, as I said, it's not a big issue

23
24
25

on cross.
(Continued on next page)

MARSHA DIAMOND, CSR


OFFICIAL COURT REPORTER

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THE COURT:

Objection sustained.

BY MS. MESSINA:

the Bilal Rutherford that has come up as someone interested in

the plot earlier on in this trial?

Yes.

He is not that person?

He is not that person.

Mr. Francis, to be clear, this Bilal is not the same as

It's a different person.

MS. MESSINA: One moment, Judge.

We are done with

10

that particular recording, if the jurors want to put their

11

books away.

12

13

the folks aren't interested in the project now, you tell that,

14

to Mr. DeFreitas, don't you?

15

We discuss about it, yes, Sheikh Mohammed and I.

16

And Mr. DeFreitas recommends or asks you to call

17

Mr. Kadir again so that you can figure out went wrong; isn't

18

that what happened?

19

Can you show me something to recollect?

20

Yes.

21

government today.

22
23

Now, later in the day after Mr. Kadir specifically says

I.D. 61 should have been given to you by the


I don't know if it's in your binder?

MS. MESSINA: May I, Judge, mark this to for defense


identification.

I think we are up to D.

24

THE COURT:

E.

25

MS. MESSINA:

Thank you. May I approach the witness

MARSHA DIAMOND, CSR


OFFICIAL COURT REPORTER

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with it?

THE COURT:

MS. MESSINA:

Yes.
Thank you.

Can you please take a look at that (handing).


Now, the conversation that we just talked about at

5
6

length and we listened to, which was 216 T, can you look at

just the cover page of that and tell me what time that phone

call was made to Mr. Kadir. 216 T.

Yes?

10

9:15 a.m.

11

That is 9:51 a.m. U.S. time ,correct?

12

Yes.

13

Eastern standard time, correct?

14

U.S. time.

15

Okay. Now, what I showed you and asked for you to

16

identify IV 61, what time of was that phone call made?

17

9 p.m.

18

And both phone calls are March 7th, correct?

19

Yes.

20

Can you take a look through that exhibit, please.

21

Sure.

22

Does this reflect a transcript of a conversation you had

23

on March 7, 2007 at 9 p.m. with Mr. Defreitas as well as

24

Mr. Kadir?

25

MR. JONES:

Objection.

MARSHA DIAMOND, CSR


OFFICIAL COURT REPORTER

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THE COURT: Sustained.

Can you look through that and tell me when you've looked

through it.

unintelligible and I like to listen to the tape actually

because it is actually the most important part than actually

me reading this.

refreshes your recollection as to whether or not on that day

I must say most of times the transcripts have

I don't know if that is okay or not.

Well, can you just tell us if by looking at this,

this

10

there was a taped conversation among the parties listed taped

11

by you?
MS. MESSINA: Can I play part of that transcript for

12
13

Mr. Francis just so the witness could see if he recognizes

14

that.

15

THE COURT:

May I see counsel at side bar.

16

(Continued on next page)

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MARSHA DIAMOND, CSR


OFFICIAL COURT REPORTER

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(The following took place at side bar)

THE COURT: I've lost count how many times have I

said in front of the jury we don't play something that's not

evidence.
MS. WHALEN:

We worked it out this morning.

We can

have the witness with the headphones only then the witness and

I guess we could hear it through the headphones but the

jury -MR. JONES:

That is not the issue.

It is completely

10

inappropriate.

You can't say, Mr. Francis, how about these

11

records, the tape, blah, blah.

12

do that.

13

don't remember, and then let them refresh his recollection

14

with whatever.

15

though there's some white elephant in the.

16

how we use 3500 material.

She's testifying.

You can't

The question is did you say something, no, or I

You don't tell the jury what it is and act as


Room this is now

17

MS. MESSINA:

All I am trying to do is --

18

THE COURT: Granted you are putting it in.

19

understand it.

20

expected this would have been cleared up on Friday.

I don't

We went through all this on Thursday and I

21

MS. MESSINA: I am not certain how to put this.

22

MR. JONES:

23
24
25

You can't put it in because it is

hearsay.
MS. MESSINA: I am going to ask -- the foundation I
laid is Mr. DeFreitas is frustrated by the fact -- let me back

MARSHA DIAMOND, CSR


OFFICIAL COURT REPORTER

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up. Mr. Francis is testifying that it wasn't a setback.

The

fact that Mr. Kadir said it was just something temporary and

it didn't mean that the matter was getting interrupted.

conversations -- documents help Mr. Defreitas.

said let's call back Kadir and find out what really happened

and what went wrong in the conversation.

again they are not interested.

So there's no mistake, as the government claims, and Francis

testified today, that Kadir was lying when he said they

These

Defreitas

Kadir tells him

The folks aren't interested.

10

weren't interested and that he actually or that DeFreitas in

11

interpreting what Kadir says, he's out of the plan.

12

was actually a lie.


MR. JONES:

13

Impeaching or refreshes recollection.

14

If it is impeaching I don't how this impeaches.

15

I don't remember.

16

if they don't say I don't remember.

He didn't say

You can't refresh somebody's recollection

MS. MESSINA:

17

That that

But he specifically said when I asked

18

him to look at the transcript to see if it refreshes his

19

recollection, leaving out at a lot of -- and that doesn't help

20

him.

21

about authenticity, CD, this was given to us by the

22

government.

I think I should -- first of all, there is no argument

23

MR. MILLER: We are not arguing authenticity.

24

MS. MESSINA: All I am trying to do is lay a

25

foundation so he can use this to refresh his recollection, the

MARSHA DIAMOND, CSR


OFFICIAL COURT REPORTER

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conversation that occurred that day, and as to whether or not

to attribute to Mr. DeFreitas, him specifically, to call back

Mr.

Kadir to find out what went wrong.

MR. MILLER:

It is hearsay as to whether Mr.

Defreitas said what went wrong.

getting out before he testified very clearly Mr. Kadir said to

him it is on hold, it is too sensitive right now.

at this transcript what it says here is the guy, Kadir, says

they love the idea, they thought it was great, they just don't

The issue who is you were

10

want to do it right now.

11

prior tape an entirely consistent with what this witness'

12

testimony -- so what are we doing.

15

statement.
MS. MESSINA: The part that is inconsistent -- I said

16

it wasn't a setback.

17

THE COURT:

18
19

Consistent with the

THE COURT: So it is not prior inconsistent

13
14

That is end.

If you look

It is just assuming -That is your interpretation move on.

I'm not going to allow it.


(Continued on next page)

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MARSHA DIAMOND, CSR


OFFICIAL COURT REPORTER

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(The following took place in open court)

THE COURT:

Ladies and gentlemen, I remind you that only items

Objection is sustained.

that are actually admitted in evidence are for you to

consider.

be considered by you as evidence.


Any questions to which I sustain an objection is not

7
8

Items that are marked for identification are not to

evidence.
Again, at the end of the case I'm going to be giving

9
10

additional instructions as what is evidence and what is not

11

evidence, and how you may consider the different kinds of

12

evidence that will have been presented to you during the

13

course of the trial.


You may continue, Ms. Messina.

14
15

Mr. Francis, you do call Mr. Kadir later than that day

16

don't you?

17

Yes, Sheikh Mohammed asked me to.

18

And Sheikh Mohammed specifically wanted to know what

19

happened at the chicken farm?

20

21

Sheikh Abdul Kadir.

22

23

Abdul Kadir?

24

Yes.

25

Mr. Kadir repeated to him, and you were listening, what

He wanted to hear it from the source, which was actually

And it was after that point -- oh, and you did reach

MARSHA DIAMOND, CSR


OFFICIAL COURT REPORTER

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he had said to you earlier, correct, that the folks weren't

ready to get involved with us?

they felt that he was -- that Sheikh Mohammed's avenue was a

better avenue, but it was sensitive.

put on hold for now.

correct?

No.

He mentioned that the folks liked the idea, that

So it would have to be

So, again, he said they weren't ready to do this now,

He said they were interested, but not right now.

10

sensitive.

11

12

explains to you why he is saying it is sensitive?

It was

Later on.

And again, there's nothing on tape where Mr. Kadir

13

MR. JONES:

Objection.

14

THE COURT: Sustained.

15

Now, at this point after these conversations, was Mr.

16

Kadir that you and Mr. Defreitas decide you've got to get back

17

to Abdul Wahab, correct -- to call him?

18

19

Abdul Wahab because Abdul Wahab had mentioned that Abdul Kadir

20

accomplished something, then it would Usama and then it would

21

be him and still it was Abdul Nur on the pictures, so it was

22

Sheikh Mohammed's decision actually which way he wanted this

23

to go; not mine.

24

25

and Mr. Defreitas -- were reaching out to Mr. Wahab to talk

Sheikh Mohammed told me that he wanted to get in touch

And so now, you were reaching out to -- you meaning you

MARSHA DIAMOND, CSR


OFFICIAL COURT REPORTER

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about his contact?

You said Mr. Usama, correct, is that what happened.

Yes.

And you were anxious -- you, not Mr. DeFreitas, you were

anxious to call Mr. Wahab yourself, weren't you.

thing to keep going, and he was the one who asked me to call

Kadir back.

interest meaning Sheikh --

Sheikh Mohammed was anxious.

He actually wanted this

He asked me to call Wahab it was his best

10

But it was also your best interest to make sure this plot

11

proceeded?

12

That is not correct.

13

Didn't you on your own call Mr. Wahab ten times on the

14

morning of March 18th?

15

16

trying to do that.

17

18

is that correct?

19

I don't remember that.

20

Do you recall trying to call Mr. Wahab ten times that

21

morning?

22

23

Wahab, and that is what I was doing.

24

Did you call him ten times?

25

I don't recall the amount of calls. I'm sorry.

I asked by Sheikh Mohammed to reach Abdul Wahab and I was

And when you did those calls Mr. Defreitas was not there;

You have to help my recollection.

I remember Sheikh Mohammed instructed me to call Abdul

MARSHA DIAMOND, CSR


OFFICIAL COURT REPORTER

I am

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saying I was calling until I reached Abdul Wahab because it

was instructions of Sheikh Mohammed that I should call.

3
4
5
6
7

MS. MESSINA: Judge, I would ask that I.D. 62 be


played for the witness only to refresh his recollection.
THE COURT:

I'm sorry.

Can I see counsel, please,

at the side bar.


(Continued on next page

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MARSHA DIAMOND, CSR


OFFICIAL COURT REPORTER

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(The following took place at side bar)

MS. MESSINA: I'm sorry.

Him just saying --

testify, Mr. Francis, and he's calling a number -- calling

Abdul Wahab.

There's no -- - even then there's a series --

THE COURT:

Denied.

MS. MESSINA: Judge.

THE COURT:

No.

Counsel, this is back to the same thing.

You want to play this in front of the jury.

evidence to refresh his recollection.

That is so

10

inappropriate.

11

to handle the machinery and I can't trust that something's

12

going to come out inadvertently.

13

the bottom line is that there's nothing inconsistent with what

14

he said.

15

It is inappropriate.

It is not

You have not been able

Bottom line is excuse me --

He says that he kept calling until he reached Wahab.


MS. MESSINA:

My point is it is to show that he

16

himself was anxious.

17

THE COURT:

18

MS. MESSINA: Judge, there is no another --

19

THE COURT: This is --

20

MS. MESSINA: In the transcript.

Denied.

21

specifically I am trying to --

22

with that transcript?

23
24
25

MR. JONES:

He says

can I refresh his recollection

He just said he called again and again,

what difference does it make?


MS. MESSINA:

How is that impeaching?

I think ten times is different.

MARSHA DIAMOND, CSR


OFFICIAL COURT REPORTER

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THE COURT:

It is not impeachment.

(End of side bar).

(Continued on next page).

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MARSHA DIAMOND, CSR


OFFICIAL COURT REPORTER

Let's go.

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3210
1

(open court)

BY MS. MESSINA:

you tried calling him many times?

would like to see some recollection of that.

Okay.

Mr. Francis, you did reach him on that date when

I don't know that I have to -- actually, like I said, I

THE COURT: Did you eventually reach Mr. Wahab?

THE WITNESS:

Eventually. I don't know

if it was that day, but I did.


THE COURT:

10
11

Yes, I did.

Did you try calling him several times

before you reached him?

12

THE WITNESS:

13

THE COURT:

Yes.

Next question.

14

And did you talk to about the chicken farm?

15

I believe so.

16

know how the conversation went about -- what exactly what was

17

spoken about it and I tell you exactly what he meant.

I can't recall.

I have to

MS. MESSINA: Judge, may I show -- mark this Defense

18
19

I am not sure.

X for identification and show it to Mr. Francis?


THE COURT:

20

Yes, you may.

21

Can you take a look at that (handing)?

22

Sure (perusing).

23

When you are done paging through it, can you look up?

24

Have you finished reading or looking at the document, Mr.

25

Francis?

MARSHA DIAMOND, CSR


OFFICIAL COURT REPORTER

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3211
1

Yes.

Does that refresh your recollection?

Yes.

As to?

Yes.

And did you talk to Mr. Wahab that day about a chicken

form.

Yes.

And didn't you ask him about whether he -- what

10

Mr. Chico's (ph) final position was about this chicken farm?

11

Yes.

12

And did he give you a definite answer about that?

13

He say that he was dealing with the matter at the time

14

and that he'll get back on me with regard to the chicken farm.

15

Meaning -- "he" meaning Usama.


MS. MESSINA:

16

Judge, I want -- my next line of

17

questioning will require playing a tape in evidence 217 T.

18

I'm just wondering if you want to do it now or should we take

19

a break?
THE COURT: Let's go now.

20
21

Now, after this originally -- withdrawn.

22

At some later date you called Mr. Kadir again and

23

there's a conversation about offering him a ticket to go to

24

Trinidad; is that correct?

25

Sheikh Mohammed asked that instead of Abdel Nur it would

MARSHA DIAMOND, CSR


OFFICIAL COURT REPORTER

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 62 of 230 PageID #: 5484
3212
1

be a better idea to actually bring Abdul Kadir -- Sheikh Abdul

Kadir to Trinidad instead Abdel Nur.

the one that said instead of giving Abdel Nur the third ticket

that the ticket should go to Sheikh Abdul Kadir.

Mr. DeFreitas was not trusting him at that point about going

to Trinidad?

quality of the individual that actually will be better for

So Sheikh Mohammed is

About Abdel Nur, why was it that, if you know,

It was not a matter of trust, it was a matter of the

10

Sheikh Mohammed to present the JFK plot to Abu Bakr.

11

12

that made DeFreitas reluctant?

13

14

Sheikh Abdul Kadir even though they both had grounded their

15

roots --

16

with Abu Bakr.

17

scholarships and counselman and so forth, he felt more at ease

18

being in Trinidad with Abdul Kadir than he was with Abdul Nur.

19

What do you mean that Mr. Kadir obtained scholarships?

20

He graduated from college.

21

Nur which wasn't.

22

23

ever saw Mr. Abdu Bakr was.

24

25

personally but he had spoken to him, though.

What was it about the quality of individual Mr. Nur was

Abdul Nur was a less successful citizen than he was

both Sheikh Abdul Kadir and Abdul Nur were grounded


The fact that Sheikh Abdul Kadir had the same

He was graduated man.

Abdul

By the way, Mr. Kadir, did he tell you the last time he

He said it was three years since he had seen him

MARSHA DIAMOND, CSR


OFFICIAL COURT REPORTER

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3213
1

Is that recorded in the conversations that you recorded?

I am not sure.

I can't recall everything I record.

offering him a ticket to go to Guyana, is it correct you did

not mention the reason was to have him connect you with Abu

Bakr?

I don't believe so, but

When you had that conversation with Mr. Kadir about

THE COURT: Sustained as to form.

8
9

I have to look.

In your conversation -THE COURT:

10

Compound question.

11

In your conversation with Mr. Kadir about offering him a

12

third ticket to go to Trinidad; isn't that correct?

13

We had a conversation about it, yes.

14

And isn't it fact you asked him if he wanted a ticket to

15

go?

16

Sheikh Mohammed asked me to ask him.

17

And you did?

18

Under the instructions of Sheikh Mohammed -- Sheikh

19

Mohammed, of course.

20

21

the reason you were asking him to go to Trinidad?

22

23

not what I was asked.

24

25

conversation involved, again, the building of the mosque for

And in that conversation did you mention, specifically,

I don't recall in the first conversation because that was

Isn't it correct, Mr. Francis, that notes of that

MARSHA DIAMOND, CSR


OFFICIAL COURT REPORTER

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3214
1

him and collecting money in the States to help with the

building a mosque?

same token there was JFK plot, of course.

you had with Mr. Kadir the issue of what's going on with the

mosque in terms of you and Mr. Defreitas soliciting help,

doesn't usually come up in every conversation?

That is correct.

There was a lot of dealings.

At the

If you recall, in fact, in most of the conversations that

MR. JONES: Objection.

10

THE COURT: Sustained.


Does the issue -- can you tell us whether in phone

11

12

conversations you had with Mr. Kadir from the United States,

13

doesn't he generally ask about what's happening with the

14

mosque?

15

16

mosque to know what is going on with the mosque.

17

18

involved in the Majid (ph) Hoie case H-O-I-E on the Van Wyck

19

Expressway in Jamaica; isn't that correct?

20

21

Majid to the people.

22

23

in power or in position to do something from a mosque?

24

Several people.

25

And didn't you and Mr. Defreitas tell

It his major interest, of course, for the funding of the

And you do eventually present his plan a -- to someone

I didn't.

It was Sheikh Mohammed that introduced the

So you learned that Sheikh Mohammed did approach someone

Not only that one.

MARSHA DIAMOND, CSR


OFFICIAL COURT REPORTER

Mr. Kadir there

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3215
1

was a rich woman in the United States who had money that she'd

be willing to donate for the mosque?

Sheikh Mohammed told him that.

Was that a real person or was that something you were

just telling Mr. Kadir?

person that had the answer to that was Sheikh Mohammed.

woman, or not?

I didn't tell him that.

It was Sheikh Mohammed. The only

So you don't know it that was a real person, the rich

10

I guess, as I said, I don't know that.

11

Mohammed's that actually mentioned it and I never met with the

12

woman, and I don't know if she's a real or not real.

13

one who spoke about the woman.

He's the

MS. MESSINA: I'd like to play a part of 217 in your

14
15

transcript, Mr. Francis turn to that.

16

THE COURT: Beginning where?

17

MS. MESSINA: From the first line.

18

It was Sheikh

That's page two.

May I play it, Judge?

19

THE COURT:

Yes.

20

(Tape played); (Tape stopped)

21

22

wants to go to Trinidad and it is first time of you and

23

Mr. Defreitas -THE COURT:

24
25

So at in this point when you're asking Mr. Kadir if he

It is Mr. Defreitas speaking.

When Mr. Defreitas is asking if he want to go Trinidad

MARSHA DIAMOND, CSR


OFFICIAL COURT REPORTER

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3216
1

it's the first time Mr. Defreitas is being approached with

this idea to get a ticket to go to Trinidad?

Yes.
(Tape played); (Tape stopped)

4
5

Now, do you know, Mr. Francis, how Mr. DeFreitas --

withdrawn -- how Mr. Kadir knows Bilal?

back to Trinidad, used to live in the same quarters, and they

both used to belong to Sheikh Abu Bakr's group.

It was mentioned to me that Sheikh Kadir and Bilal go

10

Are you saying Mr. DeFreitas told you he belonged to

11

Sheikh --

12

MS. WHALEN:

Objection.

13

THE COURT: Sustained.

14

Sheikh Abu Bakr's group, you are referring to jam J-A-M?

15

Yes.

16

And to your knowledge, two this person Bilal in New York

17

had nothing to do with the chicken farm plot; is that correct?

18

To my understanding.
(Tape played); (Tape stopped)

19
20

Why, if you know, is Mr. Defreitas mentioning a guy named

21

Ramadan, a plumber?

22

23

was working under the Bilal painting and refixing some houses

24

that were under Bilal's detail as Bilal is a real estate

25

agent, as well as he fixes.

Ramadan is a knowledgeable Muslim brother that actually

He has, like, a construction

MARSHA DIAMOND, CSR


OFFICIAL COURT REPORTER

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3217
1

group that would actually fix houses as well.

mentioning Ramadan to Mr. Kadir?


MR. JONES:

4
5

Why, if you know, is Bilal -- rather, Mr. DeFreitas,

Objection.

If you know?

THE COURT: Sustained.

(Tape played); (Tape stopped).

Now, Mr. Kadir is asking if you gave the plans to the

brother and asking if he was excited about it.

Do you know

10

who he's referring to there?

11

He didn't ask me the question.

12

I am asking if you know who he's referring to there?

13

No, I don't.

He asked Sheikh Mohammed.

(Tape played) : (Tape stopped)

14
15

So if you're understanding Mr. Defreitas from listening

16

to this conversation -- I'm sorry -- Mr. Francis,

17

Mr. DeFreitas was referring to the Ramadan as someone who

18

could help build a mosque in Guyana?

19

20

Ramadan and that with his expertise in plumbing he will be

21

great asset to help build the mosque.

He mentioned that -- he mentioned the Masjid to Sheikh

(Tape played); (Tape stopped)

22
23

Mr. Francis, had you or did you know if Mr. Kadir

24

actually purchased a plot for the mosque in Guyana?

25

Purchased what.

MARSHA DIAMOND, CSR


OFFICIAL COURT REPORTER

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3218
1

Land?

I don't know that.

So you didn't go to visit the land where the mosque was

to be built?

masjid was supposed to be built.

it or not.

to Mr. Kadir at that time of him using the ticket to Trinidad

Sheikh Kadir took us to a place where supposedly the


I don't know if he purchased

I have no knowledge of that.

Now, in that conversation we just heard there was no talk

10

to meet Abu Bakr was there?

11

That's correct.

12

MS. MESSINA: Okay.

13

(Tape played); (Tape stopped)

14

MS. MESSINA:

15

THE COURT:

16

Remember, ladies and gentlemen, not to talk about

17
18
19
20

Shall I go on, Judge?

No.

Let's take our mid morning break.

the case among yourselves or with anyone else.


Keep an open mind.

Don't draw any opinions or

conclusions about the case.


Remember, that you can't use your cell phones during

21

this break and you certainly can't do any kind of research or

22

look at listen to or view any kind of media, whether it is

23

cell phones, or otherwise about anything that might be

24

connected with this case.

25

start up again. Thank you, ladies and gentlemen.

So let's look at about 11:45 to

MARSHA DIAMOND, CSR


OFFICIAL COURT REPORTER

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 69 of 230 PageID #: 5491
3219
1

(Whereupon, the jury exited the courtroom)

THE COURT: Everyone can have a seat just for a

minute. All right. Mr. Francis, you can take a break, too.

will bring you back as soon as we are ready.

We

THE WITNESS:

Thank you.

(Witness exited courtroom)

THE COURT: We will take a break and you'll be -- I

hope I can get you on this other issue with respect to the

transcript. Also Ms. Messina had requested when we broke on

10

Thursday for the Court to be provided with courtesy copies of

11

any transcripts that you thought that you might be using

12

during the course of the trial to refresh recollections and I

13

just have what you handed up today.

14

MS. MESSINA: That is all I think I'll be using.

15

THE COURT: You used something else earlier that I

16
17

don't seems to have a copy of.


MS. MESSINA: One thing I asked about, Judge, had no

18

transcript. I may be using some of the 302s.

19

like those?

20
21
22

THE COURT:

Would the Court

I have the 302s, as long as I know what

the 3500 is number is. All right. Say in about ten minutes.
(Continued on next page)

23
24
25

MARSHA DIAMOND, CSR


OFFICIAL COURT REPORTER

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1

CONTINUED CROSS-EXAMINATION

BY MS. MESSINA:

THE COURT:

parties are present.

not present.

3220

This is case on trial continued, same


The jury is not present.

The witness is

With respect to the portion of the transcript 223-T

that Ms. Messina sought to introduce and play for the jury, as

I understand it, pages 40 through 52; am I correct?

9
10
11
12

MS. MESSINA:
THE COURT:
Mr. Nkrumah.

Yes, Judge.
Did you want to make --

Any additional argument?

MR. NKRUMAH:

The only thing I want to add was in

13

response to the government's --

14

government had said.

15

I did cut off,

a couple of things the

The government is correct, we did originally file to

16

have those portions excluded, but as the court will note, it

17

is on the transcript we withdrew the motion pertaining to this

18

particular recording.

19

motions pertaining to this particular recording.

20

Your Honor, yes, we withdraw our

Also, we believe this tape should be admitted, at

21

least that portion of the tape should be admitted to complete

22

the full understanding of the participants, including

23

Mr. Kadir's thoughts in this matter, where he stood and the

24

fact which can also lead to other questions pertaining to if

25

Mr. Francis believed this was Mr. Kadir not being honest or

SS

OCR

CM

CRR

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 71 of 230 PageID #: 5493
Francis-cross-Messina

3221

being honest, we believe that's a question for the jury to

answer and not Mr. Francis or the government.

portion of the tape should come into evidence and be judged

and decided upon by the jury.

5
6

MS. MESSINA:

May I add one particular portion I

did not read into the record?

THE COURT:

MS. MESSINA:

We believe this

Sorry?
I would like to add one particular

portion I didn't read into the record this morning that I

10

think goes directly to relevancy, state of mind, an exception

11

to the hearsay.

12

Kadir is next to him saying and agreeing, adopting his

13

comments.

14

there are a lot of groups killing the innocent people,

15

brother.

16

different opinion if, if I correctly understood your respect

17

for Bin Laden and all who are in that line of Al Qaeda, but

18

tonight because you are leaving brothers, there's a

19

parenthetical, refers to the fact Anas and Defreitas are

20

taking off for Trinidad the next day, I want to make sure --

21

and about to see, trying to see Abu Bakr, I want to make sure

22

our opinion is we are not with Al Qaeda.

23

in the collective, we, and we do not support Al Qaeda, not

24

because they are fighters, their policy is wrong.

25

as I told you, if you want America out of your country, do

On page 42, again Hussein is making comments,

On line 20, Kadir says mmm mm, on 22 Hussein says,

We discussed this, but I don't know, he had maybe

SS

OCR

CM

CRR

Again, he's speaking

CSR

You know,

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 72 of 230 PageID #: 5494
Francis-cross-Messina
1

3222

what this Imam Khomeni did, clean your government.

I would argue that's a very relevant passage.

The

whole flow of this conversation continues in that vein.

for completeness as the people already introduced the first

part of this conversation and this is a part that continued,

and for the fact it goes specifically to Mr. Kadir's state of

mind in that it will be established he's the teacher of this

man, a teacher he stands, lives, documents what the student

said, after espousing views.

Both

It's established, or will be established, Rule 3500

10
11

material by Francis, that Hussein was present and he knows

12

when the plan is presented.


THE COURT:

13

But he's not a coconspirator.

He's not

14

at all involved in the plan.

15

nosy seems to indicate he was an intruder into their meeting.

16

MR. NKRUMAH:

17

THE COURT:

The statement that he was being

May I?
Which actually seems to indicate they

18

would not be doing anything to talk more in furtherance of the

19

plan if in front of one who is not part of the plan.

20

Hussein's statements are rank hearsay.

21

"mmm mm" which analysis says at various points, "mmm mm,"

22

isn't necessarily an adoption what somebody says.


MS. MESSINA:

23

The mere statement of

We're not claiming Mr.

Hussein is a

24

coconspirator, not admitting to this as coconspirator

25

statement.

We're saying exception to the hearsay, it goes to

SS

OCR

CM

CRR

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 73 of 230 PageID #: 5495
Francis-cross-Messina

3223

Mr. Kadir's state of mind, besides saying mmm mm, Mr. Kadir

finishes the same sentence.

about he used to kill children.

Where did Bin Laden get the authority --

THE COURT:

MS. MESSINA:

On page 41; Hussein is talking


How could he become a lion?

What page?
Page 41, the bottom, Judge.

He says

where did Bin Laden get the authority of other people to kill

other people, especially killing the Muslims.

especially in the west, we need to be very careful, Kadir

Because of that

10

said, finishing the thought of his student.

11

sitting by, he's actually coaxing, listening, part of this as

12

a teacher would be.

13

On 42 --

14

THE COURT:

15

MS. MESSINA:

16
17
18
19

It shows he's not

He's not coaxing anything.


He's finishing the thought.

On 42,

line 41 -THE COURT:


transcript.

I've heard enough.

I read the

I'll hear from the government.

MR. JONES:

I'm not aware of the teacher/student

20

exception to the hearsay rule, not a coconspirator, not on

21

trial here.

22

The government moves to oppose the defense motion to include

23

anything that's not already introduced into evidence.

24
25

Mr. Hussein's views on Al Qaeda are irrelevant.

MS. MESSINA:
not saying --

I want to be perfectly clear.

this is an exception to the hearsay rule.

SS

OCR

CM

CRR

CSR

We're

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 74 of 230 PageID #: 5496
Francis-cross-Messina
1

THE COURT:

MS. MESSINA:

THE COURT:

3224

Which exception to the hearsay rule?


State of mind.
It does not.

Where is there in Rule

803(3) or any other rule for that matter, that allows for the

adoption of intent by virtue of what somebody else says,

especially someone who is not a coconspirator?


MS. MESSINA:

Reading it in its entirety, knowing

the background, relation of the parties, it's implicit in

what's happening.

10

MR. JONES:

We disagree, Judge.

11

THE COURT:

I agree with the government on this

12

one.

The statements, in essence, what the defense seeks to

13

introduce, the statements of Hussein, who is not a

14

coconspirator, who is not a party to this action, the defense

15

claims these statements demonstrate Kadir's then existing

16

intent, Rule 803(3) creates a hearsay exception for a

17

statement that the declarant's then existing state of mind or

18

intent.

19

(Pause.)

20

THE COURT:

The parties refer to In Re Worldcom,

21

Inc. securities litigation, 2005 Westlaw 375315 at 9, under

22

803(3), the existence of intention may be proven by evidence

23

of the person's own statements as to its existence.

24

Introducing the statements of a third party to include the

25

declarant's then existing state of mind defeats the rationale

SS

OCR

CM

CRR

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 75 of 230 PageID #: 5497
Francis-cross-Messina

3225

behind the 803(3) exception which is that the person's own

statements as to their intent are sufficiently reliable to be

admissible even if made out of court.

4
5
6

With respect to the completeness, the court


disagrees with the argument raised by the defense.
MR. NKRUMAH:

Your Honor, was that cited the court

just has given to counsel, does that cite also pertain to

statements that have been adopted?

has adopted the statements --

10

THE COURT:

I disagree.

It is our claim Mr. Kadir

There's nothing in here

11

that shows necessarily that he has adopted the statement,

12

especially in light of the fact that subsequent conversations

13

show that he hasn't adopted the conversations, that he hasn't

14

abandoned the plan nor does he at all in any of the subsequent

15

conversations repeat any of the substance of this conversation

16

against Al Qaeda or anything else.

17

argument on that.

18
19

I'm not hearing anymore

I've made my ruling.

MS. MESSINA:

I want to ask about statements that

he actually made, whether I can ask Mr. Francis about that.

20

THE COURT:

Who actually made?

21

MS. MESSINA:

Mr. Kadir.

In the earlier part of

22

this conversation that is already in evidence, Mr. Kadir

23

instructs Francis about the contradictory nature or rather the

24

wrongness of destroying institutions when no institutions have

25

been created.

He starts that conversation.

SS

OCR

CM

CRR

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 76 of 230 PageID #: 5498
Francis-cross-Messina
THE COURT:

1
2

That's part of the transcript that I

just ruled about.

3
4

MS. MESSINA:

THE COURT:

MS. MESSINA:

Which earlier transcript?


223-T that's in evidence, start

talking about that.

THE COURT:

MS. MESSINA:

Where?

THE COURT:

10
11

Also part of an earlier transcript.

He begins the conversation earlier.

3226

I have to find it.


I have the transcript.

Just tell me

where it is.

12

MS. MESSINA:

13

THE COURT:

I just have to get to my book.


This should have been raised with the

14

court on Friday.

15

on this issue, taking up jury time.

16

Friday.

17

there's absolutely no reason why this wasn't presented to me.

18

We've already spent more than half an hour


I was here all day

This was something that you want to start on today,

MS. MESSINA:

Page 15, Judge, the top, he starts

19

talking about what's to be gained from the project.

20

this whole colloquy or conversation where mostly Kadir is

21

instructing Anas about the ways that Islam is defensive,

22

should not act on the offensive when they built no

23

institutions to defend.

24

continuation is in the document that we showed you on page 43,

25

Kadir says, again, that I was telling the brothers, too.

SS

OCR

They have

That very idea, its completion or

CM

CRR

CSR

He's

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 77 of 230 PageID #: 5499
Francis-cross-Messina

3227

already referring back to that conversation, is that the

difference between Hezbollah and let's say us, for example, is

that in Lebanon Hezbollah over the years has created

institutions of Islam.

then they defend what they've created.

west, we have not created anything.

what are we defending?

In Guyana, in the

Hussein says yes.

Kadir,

What are we defending?

I submit those --

8
9

If those institutions are attacked,

this is a continuation of a

conversation in evidence I will go over with Mr. Francis and

10

that the defense, for completion, and also continuation of his

11

thoughts to be allowed to bring in that statement which again

12

goes to his state of mind.


MR. JONES:

13

I don't know what counsel means

14

bringing in the statement.

15

evidence.

16

to the witness, stand and read something from a document not

17

in evidence and I object.

18
19
20

She can ask Mr. Francis what's in

She shouldn't be then getting up and read something

MS. MESSINA:

I'm asking to put it in up to at

least page 43.


THE COURT:

I already denied that.

If you want to

21

go back to page 15, question him more about that, that's fine.

22

You're welcome to do that.

23

making any kind of statements in front of the jury about

24

playing something that is not in evidence.

25

refresh the witness' recollection with respect to anything,

SS

OCR

I again am going to warn you about

CM

CRR

If you want to

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 78 of 230 PageID #: 5500
Francis-cross-Messina

3228

then that's fine.

him the document and ask him to read it and ask him if that

refreshes his recollection.

Please refrain from testifying.

MS. MESSINA:

THE COURT:

Fine, Judge.
Are we ready?

We can bring in

Mr. Francis?

MR. JONES:

(Witness enters courtroom.)

THE COURT:

Yes, your Honor.

Please send for the jury.

(Jury enters courtroom.)

10
11

THE COURT:

12

ladies and gentlemen.

Everyone may be seated.

14

and properly seated?

15

MR. JONES:

16

MR. NKRUMAH:

17

MS. WHALEN:

18

THE COURT:

Yes, your Honor.

Yes, your Honor.


This is continued cross-examination of

Mr. Francis, welcome back.

I remind you, sir, you

are still under oath.

22

THE WITNESS:

23

THE COURT:

24

MS. MESSINA:

25

Yes, your Honor.

Mr. Francis by Ms. Messina on behalf of Mr. Kadir.

20
21

Welcome back,

Do all the parties agree all our jurors are present

13

19

Just show

Yes.
You may inquire when ready.
Thank you, Judge.

Mr. Francis, before you went back to Guyana, you had a

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3229

meeting with a person in New York named Mohammed; is that

correct?

Which time I went to Guyana?

In April of 2007.

Okay.

Do you remember having a meeting with someone named

Mohammed and you were with Mr. Defreitas as well, you remember

that?

I don't recall.

10

Do you remember going to the Crown Plaza Hotel at 151-20

11

Basley Boulevard in Queens?

12

Yes.

13

You went there approximately in April or can you tell us

14

whether you went there in approximately April with

15

Mr. Defreitas?

16

I went at some point.

17

Do you remember what you did at that particular hotel?

18

I believe we had a meeting.

19

Who did you have the meeting with?

20

Sheik Mohammed and I met with someone named Mohammed,

21

yes.

22

23

who was he?

24

He was an undercover for the FBI.

25

Did you know you were meeting with an undercover from the

I would like to know which time exactly.

I can't tell you exactly the date.

Not Sheik Mohammed, this other Mohammed you were meeting,

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FBI at that location on that day?

Yes.

What was the point of meeting with that undercover?

It was a matter of Sheik Mohammed was looking for

investors here on the wood and other things as well.

wood?

That's what Sheik Mohammed talked about.

What was your understanding why you were meeting with

Did you meet the FBI agent to talk about investing in

10

that man?

11

I had to do so.

12

In terms of that conversation with that man, didn't you

13

also speak about him providing money in order to help you and

14

Mr. Defreitas to buy a plane ticket to go back to Trinidad?

15

16

interest in the wood and others and had expressed to him how

17

important Guyana is, that cricket was going on.

18

that meeting that I remember, Sheik Mohammed had invited the

19

other Mohammed to Guyana.

20

travel to Guyana to the cricket as I remember.

21

22

Guyana for cricket, is that what you're saying?

23

24

telling you what he was asked by Sheik Mohammed and he agreed,

25

was waiting to travel to Guyana in terms of the cricket as

Sheik Mohammed at that point had expressed to him his

They were going --

I believe in

he was going to

This man, who was really an FBI agent, was going to

I don't know what actually his instructions were.

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3231

Mohammed instructed him.

up about Chicken Farm?

I don't recall.

Do you recall if anything came up during that

conversation about this man needing money or rather wanting to

have access to money to move through Anas Masjid to go to

Pakistan, Afghanistan?

Do you recall if during that conversation anything came

I don't recall that.

10

If you have anything to read, I might remember.

11

MS. MESSINA:

I would like to mark this as Defense

12

Exhibit G.

May I approach the witness?

This is Defendant's

13

Exhibit G, Government Exhibit 3500-SF-132.

14

May I approach the witness, your Honor?

15

THE COURT:

16

(Handing).

17

Thank you.

Yes, you may.

(Pause.)

18
19

Thank you again.

20

Does that refresh your recollection as to the

21

conversation that was had that day?

22

Yes, definitely.

23

Did Mr. Defreitas talk about the Abdul Kadir building,

24

wanting to build a mosque to this alleged businessman?

25

Yes.

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3232

Did this man, Mohammed, present himself as a businessman

that day?

Yes.

Did you know that day he was an FBI agent?

Yes, I knew he was an FBI agent, or undercover.

know exactly his role in the FBI.

Did you record this conversation?

Yes, as you refresh my memory, yes.

Are you sure you recorded it?

10

I don't

Did you wear a body wire to this meeting?


I'm not sure.

11

12

something else.

13

They didn't display a recording, showed me

I'm asking you

--

withdrawn.

Did you record this conversation when you met with

14
15

this man?

16

I'm not sure.

17

Insofar as those recordings go, was it completely up to

18

you whether or not you recorded conversations?

19

20

according to maybe I didn't have the recording device ready

21

for me to record.

22

I can't remember right now.

It's not completely up to me.

Where did you get the recording device from?


THE COURT:

23

There were many variables,

Let him finish the answer.

24

There are many variables.

25

safety, has to do with if the recording device may be on and

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It has to do, again, like

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3233

it's not working.

could according to the ability and my instructions.

did that depend on your own decision; is that correct?

had the recording device, I would place it on and I would

record.

I would do as much as I can to comply to instructions I'm

given.

I wouldn't say that.

I was instructed to record.

If I

If it's working or not working, it's not on my part.

THE COURT:

Who made the determination in terms of

safety whether the situation would be safe to record?

12

THE WITNESS:

13

THE COURT:

14

I did as much as I

In determine those various factors whether it was safe,

10
11

I don't know that.

Actually -In other words, was that up to you or

did you have to consult with the FBI on that?


THE WITNESS:

15

At some points I consulted with them.

16

On some points according to the situation that is going on,

17

maybe I couldn't get out to actually turn the device on, I had

18

to turn it on to see it's on so I had to actually pull it out

19

of my pocket.

20

right now, I have to excuse myself, I really can't excuse

21

myself because the conversation is going, then I wouldn't be

22

able to turn it on.

23

hands in my pocket, it hasn't worked.

Sometimes I have tried to do it with my

Sometimes it's not basically my call, I don't want

24
25

If I'm caught up in a situation where I'm here

to do it.

Sometimes you're not able to move in that position

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3234

where actually you can do it safely, then instructed to talk.

Sometimes there's some that doesn't say Steven Francis because

I'm able to turn it on, but I don't have it on my mouth to say

Steven Francis.

different times.

It has been like different issues at

THE COURT:

You may continue.

MS. MESSINA:

Thank you, Judge.

On some occasions, too, do you turn it on, anticipating

rather in advance of the meeting because you know you'll be

10

meeting some people you might want to record, does that

11

happen, too?

12

13

Sometimes the person would be right behind, like very far and

14

gives me enough time to actually pull the wire out, say what I

15

have to say and gives me enough time.

16

right next to me so I can't really do it.

17

very risky situation.

18

19

What were you supposed to do with them?

20

21

them.

22

Are they on small cassettes?

23

No.

24

How are they recorded?

25

They're recorded in a way that I have no access to the

Like I said, when it's a foreseeable time, I would do it.

Sometimes the person is


It is like I said a

It must be handled with care.

What were your instructions once you made the recordings?

I'm supposed to return them back.

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3235

recording at all.

handlers so they would have control of the recordings?

can actually access to the recorder but the FBI.

Did you have to save different days on different types of

storage devices that are in the tape recorder?

record?

Did you have to send actually or give something to your

I have to return it back to Louie Napoli because nobody

The technology of this is what I'm trying to understand.

How did you

10

Like I said, I don't know if I'm allowed to explain the

11

nature of the wire, but to the extent I can explain to you, no

12

one but the FBI has access to the recording.

13

designed is that there's no way to access the recording unless

14

they access it.

15

it or listening.

16

17

new recording when you go back out or is it just continuing?

18

19

recording is on, it's on.

20

there's nothing at all I can access to.

21

back, whether a full recording or not.

22

many hours I record, if it's full or not, I have to return it

23

back.

24

What is it exactly you return back?

25

Exactly what I'm telling you, whatever is recorded.

The way it's

There's no way of tampering or looking into


I don't even know what I recorded.

Do you have to change something in the recording to get a

No, I cannot tamper or change or add or delete.

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If it happens it ran out of time,

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3236

What I don't understand, do you return the machine on

which everything is recorded, like a tape recorder or do you

return back a disk or cassette or chip or something on to

which the recording is made?

back.

I give back the wire, whatever wire I have on, I'll give

THE COURT:

7
8

on?

He gives back the device.

You give back the device.

Can we move

When you were in Guyana, how

10

did you do that while you were down there for several weeks of

11

time?

12

13

to do that.

14

In Guyana?

15

When I was able to, yes.

16

During the conversation that you refresh your

17

recollection on with this man named Mohammed, you brought up

18

whether he would be interested in donating money to the mosque

19

that Kadir was trying to construct; is that right?

20

21

had the conversation.

22

Was it brought up by --

23

Sheik Mohammed.

24

Didn't this man Mohammed tell you he wanted, he would

25

want to have access to move money through the mosque to

Whenever I could drop off, I had to go to drop off spots

I don't recall bringing it up.

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It was Sheik Mohammed who

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3237

Pakistan and Afghanistan?

I don't remember that.

Can you look at the paper that's in front of you, the

second paragraph, the second bigger paragraph, see if it

refreshes your recollection?

MR. JONES:

Objection.

THE COURT:

Sustained.

Did that man --

Was it represented to Defreitas that Mohammed was

9
10

withdrawn.

the person who bought you tickets to go to Trinidad?

11

MR. JONES:

Objection.

12

THE COURT:

Sustained.

13

How did you get the tickets to Trinidad?

14

Like I said before, the tickets were going to be used for

15

Mohammed to travel to Guyana as an invitation from Sheik

16

Mohammed to watch the cricket and also learn about the natural

17

resources of Guyana and being the fact he couldn't get to

18

Guyana for that matter, actually he extended the tickets that

19

he was going to use to Sheik Mohammed to use them at his

20

disposal.

21

The tickets came from Mohammed, this other Mohammed?

22

Yes.

23

At a later point before you go back to Trinidad,

24

Defreitas asks, doesn't Defreitas ask Kadir to set up a bank

25

account so people donating money would have a place to put it?

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I got to recollect the thoughts.

3238

I know the conversation

was on and between Sheik Mohammed and Sheik Kadir about the

bank account, I don't know who specifically took the position.

I know the best interest was to avoid any scams or anyone to

be actually placed in the position where people believe it was

a scam going on.

yes.

you ask or Mr. Defreitas ask that Mr. Kadir would meet you at

The matter of the bank account came about,

Another thing I wanted to ask you about, Mr. Francis, did

10

the airport in Guyana?

11

12

pick us up at the airport and what Sheik Mohammed asked him

13

was of concern of his stop before and he actually rectified

14

that Sheik Kadir was going to pick us up at the airport, no

15

worries of our behalf of traveling to Guyana, he would make

16

sure everything is okay, meaning Sheik Kadir.

17

18

you been to Guyana?

In Guyana, when you've gone there, how many times have

THE COURT:

19
20

The conversation is clear Sheik Kadir actually wanted to

In general, in connection with this

case?
MS. MESSINA:

21

In connection with this case.

22

Three times.

23

The times that you went through Customs in Guyana, did

24

you get through Customs in a speedy way, take a long time?

25

How would you describe how long it took to get through Customs

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3239

in Guyana?

take, except on the time Kadir went, we moved a little faster

because his son works in the airport, actually.

airport?

airport.

Did you know his son is a Customs agent in the airport?

10

He mentioned he worked in the airport.

11

mentioned his son works in the airport.

12

I would say the average as a regular individual would

That was my question.

You are aware his son works in the

He told us, yes, Abdul Kadir told us his son works in the

THE COURT:

But Kadir

The time that Kadir --

are you saying

13

the time that Kadir arranged for you to be picked up at the

14

airport, that time you went through Customs more quickly?


THE WITNESS:

15

Actually, he didn't arrange to be

16

picked up, actually he was there and his son also as well.

17

18

technologically advanced as the United States?

19

That's correct.

20

When you go through Customs, do they have electronic

21

scanners that read your passport?

22

I have no knowledge of that.

23

When you went through the three times, didn't people use

24

pen and paper to write down the information on the card?

25

Is it fair to say that Guyana in some ways is not a

Even if they did on my behalf, it doesn't mean they have

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3240

or don't have this equipment.

you went through Customs?

don't know what exactly are the ins and outs of the airport at

all.

it, with Mr. Kadir's son Salim?

Did you see whether or not they use pen and paper when

I can't recall actually what they use.

I can tell you I

When you go down to Guyana now you spend a full week, is

We went for some time.

10

for specifically a week.

11

that actually.

12

13

that fair to say?

I can't tell you I actually went

Particular be a little more than

But it was a chunk of time, several days in a low; is

MS. MESSINA:

14
15

I have no knowledge of that.

I'm going to ask only the witness be

shown an exhibit.
(Pause.)

16
17

Do you have something showing on your screen,

18

Mr. Francis?

19

Yes.

20

Do you recognize that photo or the people depicted in

21

that photo?

22

I recognize --

23

Is that, of the people you recognize, is that a fair and

24

accurate depiction of what you remember those people to look

25

like or when you knew them?

SS

yes, I recognize both of them.

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3241

These are not the only two family members of Kadir.

has more sons.

that photo, is that a fair and accurate depiction of what you

remember those people to look like?

I'm asking you a very specific question.

MS. MESSINA:

defense in evidence.

THE COURT:
identification.

Judge, I would ask this be marked as

Should we go back to "A"?


No, it's H.

MS. MESSINA:

12

THE COURT:

13

MS. MESSINA:

Sorry?

Do you have a hard copy?


I have it on disk.

14

disk or ask to admit the disk.

15

THE COURT:
Exhibit H.
(So marked.)

18

THE COURT:

19

MS. MESSINA:

21
22

I can admit the

It's deemed marked as Defense

17

20

It's marked for

Do you have a hard copy?

11

16

In looking at

Of the ones I met, yes.

10

He

Has the government seen it?


Can we show it on defense monitors

and government monitors?


MR. JONES:

I see the photo.

I don't know what

else is on this disk.

23

(Pause.)

24

MR. JONES:

No objection.

25

THE COURT:

It's admitted as Defense Exhibit H.

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1

That's a photograph of whom, sir?

THE WITNESS:

3242

I believe one of them is Sheik Kadir's

son.

I've seen the female.

female because I did not recall who the female is.

5
6

MS. MESSINA:

I don't recall who exactly is the

Can we publish this photo to the

jury?
THE COURT:

You have to take out your monitors,

ladies and gentlemen, even though it's posted on the

projector:
(Pause.)

10
11

Mr. Francis, who is the man in the red shirt, the bottom

12

of the picture?

13

14

one of them is it.

15

the other one got in trouble with the law there.

16

Do you know how many children he had?

17

I don't know exactly the amount.

18

than --

19

remember.

20

Who you met potentially; is that right?

21

I met three of the four.

22

in the airport and the other one and as well as Salim, which

23

actually is the one I was staying in his house.

24

I did not interact with her, but she exchanged greetings.

25

This is one of Sheik Kadir's sons.

let me see.

I don't know which

I know one of them worked at the airport,

I know there's more

I know there's about four so far that I

One vaguely because he worked

The daughter,

You stayed in Salim's house for that chunk of time; is

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3243

that right?

Yes.

Is that man in the red shirt Salim?

No, it's Salim.

Do you recognize the location of where they're sitting?

It looks familiar, but I imagine just looking at a

stairwell, very difficult to say.

actually it.

Does Salim live in a house or is that also the mosque?

10

It's both.

11

Can you describe it to us?

12

Describe it how?

13

What is the inside of it look like?

14

It looks like a house.

15

Is there furniture?

16

Some furniture, not a lot of furniture.

17

At the time you were there, who else was staying at the

18

house?

19

Abu Hussein.

20

If you know, who is that person?

21

I know somewhat of the person, yes, according to what

22

they told me, Salim and Sheik Abdul Kadir and also himself.

23

I'm asking you if you know who the person is,

24

Mr.

Hussein?

25

As I said before, according to what Abu Hussein told me

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3244

he was and Salim as well as Sheik Salim and Abdul Kadir.

Who is Hussein?

Hussein is a knowledgeable Muslim from Uzbekistan.

studied in Iran with Sheik Salim.

refugee from Uzbekistan.

Did he also, if you know, study with Sheik Kadir?

According to my understanding he studied with Salim and

his sister in Iran and I know that they exchanged knowledge.

I don't know if they both went together to any school

He

He was in Guyana as a

10

whatsoever.

11

12

also studied with Sheik Kadir?

13

14

Abu Hussein studied in Iran with Salim and they got

15

scholarship and they became scholars in Iran as well as the

16

sister and I don't know to what extent they have studied

17

together, Sheik Abdul Kadir and him have exchanged knowledge.

18

19

the most senior sheik, is it fair to say of this particular

20

sect?

21

22

Kadir.

23

talking about age?

24

I'm talking about knowledge.

25

I don't know that.

I'm asking when he was in Guyana, do you know if Hussein

Like I said before, my understanding it's clear

In the area when you were staying there, was Sheik Kadir

I wouldn't say that --

I don't know how old is Sheik

At this point you're talking about knowledge or

SS

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I don't know to what extent Sheik Abu

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1

Kadir --

the Shia Muslim faith?

Did you meet anyone in Linden who had more knowledge of

MR. JONES:

Objection.

THE COURT:

Sustained.

6
7

3245

I'll see counsel at the

side.
(Continued on next page.)

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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1

(Side bar.)

THE COURT:

3246

Where is this going and the other

thing, if you're going to introduce photographs, you have to

have a hard copy of the photographs.

MS. MESSINA:

THE COURT:

The whole CD does not go in evidence,

just the pertinent part.


I don't know what the relevance is of this

8
9

photograph, where you're going here.


MS. MESSINA:

10
11

to remember and recall.

12

picture of Salim.

I would like to establish his ability


He did that in part because that is a

He didn't recognize him.

MR. JONES:

13
14

I know.

Where is the picture, from 2007,

correct?
He didn't recognize it.

15

MS. MESSINA:

16

The other thing while we're here, Judge, I have

17

shown to the government and I would like to introduce a very

18

short video taken at the mosque so he could identify that's

19

the mosque where he was when he showed Mr. Kadir --

20

THE COURT:

Why do we need all of this?

What is

21

the relevance?

22

was a side project to build a mosque; that there had been

23

other conversations in connection with building the mosque;

24

that a lot of the conversations were interspersed with

25

building of the mosque.

SS

Nobody is contesting, that I've heard, that

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3247

Why are we getting into a little mini trial about

1
2

whether or not there was going to be a mosque built?

the relevance of this?

MS. MESSINA:

What is

It's our defense Kadir was only

interested in engaging with this man Defreitas and Francis so

that he could promote --

people in the United States to help promote the mosque.

time he said to them, yes I'm interested, yes, I'm looking for

good people, it was a fraud --

so is that they could connect him to

they would not abandon him and

10

his project to build this mosque.

11

mosque is relevant to that defense.


THE COURT:

12

Every

The legitimizing of the

In the first place, we're getting into

13

a side issue here.

As I already said, I never heard once the

14

government argue this was not a real project.

15

already testified that he was actually taken by Kadir to a

16

place where there was land that the mosque was going to be

17

built on.

18

on cross-examination where he's looking to bring people who

19

are in construction, willing to help to actually build this

20

mosque.

21

has absolutely nothing to do with the plot and everything to

22

do with building the mosque.

Francis has

There was the Defreitas conversation replayed now

Kadir is very happy about that.

Francis says this

I don't understand why we're going into a side trial

23
24

about whether or not Kadir wanted to build a mosque.

25

been done.

We're going far afield into anything else.

That's

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MS. MESSINA:

3248

This would dovetail with an issue the

government brought up which is how at a later conversation

that now they overlap in that they ask Kadir if they could use

his mosque bank account to hold the monies from the sale of

the plot.

THE COURT:

It counters the videotape of the

building of the mosque.

about or plans for using an account for the mosque?

nothing to do with it.

10

MS. MESSINA:

11

withdraw the question.

12

the jurors to give them a sense of space, time, what this

13

looks like in context --

14

MR. JONES:

15

MS. MESSINA:

Does it have anything to do with talk


It has

I understand the court's point.

I would like to at least put in for

Why is that relevant?


Excuse me, through Mr. Kadir, the

16

home where the mosque used to be, this is why we needed to

17

build a new mosque.

18

THE COURT:

I'll

Who cares?

This is a side issue.

This

19

is a side issue, Ms. Messina.

He can certainly, if he's going

20

to testify, he can testify that he was building a mosque.

21

do we need to actually see this?

22

he's already testified that he went, he saw the property; that

23

they were doing what they could.

24

publicize it.

25

This is completely going far afield, about this a Hindi trial

Why

Francis has already said,

They printed up flyers to

They were trying to find financing for it.

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1
2

3249

about the building of the mosque.


There's ample evidence in the record already, even

on the government's case without any cross, about the fact

there was a legitimate side project about a mosque and the

building of a mosque.

question, at least from what I can see in looking at the

transcripts and I followed along with everybody as they were

being played, that Kadir was interested in building a mosque

and there were steps being taken to further that.

10

That doesn't seem to me to be any

MS. MESSINA:

I think graphic projects they can see

11

makes it all more interesting just as the government put the

12

shots of the defendants.

13

face or Mr. Defreitas's face.

14
15

THE COURT:

They didn't need to see our client

Ms. Messina, please.

This is a side

issue, a collateral issue.

16

MS. MESSINA:

17

THE COURT:

I won't question him anymore.


This is a collateral issue.

Whether or

18

not there was a physical site, what the history of this

19

project was is really irrelevant to the case at trial here.

20

The government is not at all contesting this was something

21

that Kadir was really not interested in.

22

MS. MESSINA:

I'm concerned they know there's a

23

mosque he's staying in, that he stayed in Salim's house, now

24

why would they need another mosque if they have this one?

25

want them to see what the old mosque looks like.

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THE COURT:

3250

Ms. Messina, there's testimony in the

record there was no Shiite mosque in existence in Guyana, that

was Kadir's interest.

evidence better than counsel can.

MS. MESSINA:

It's a crying shame I can recall the

I won't ask anymore.

I do eventually

need to ask him, I'm sure you wouldn't let me on asking the

intermingling of the monies from the two Kadir mosques.


THE COURT:

8
9

with that.

That's fine, I don't have a problem

The side issue like this, we're going to go far

10

afield in a case where this witness has already --

11

the second week he's here on trial.

12

hours he was on trial the first week of trial.

I'm not counting the two

13

Let's get to the point.

14

Is this an okay place we can stop?

15

Their lunches

are here.

16

(Open court.)

17

THE COURT:

We're going to take a break right here.

18

You're still under cross-examination, Mr. Francis.

19

discuss your testimony with the government team.

20
21

this is

You can't

You can certainly discuss scheduling, so on, but you


can't discuss your testimony.

22

THE WITNESS:

23

THE COURT:

Yes.

Your lunches are here as I understand

24

it, ladies and gentlemen.

25

much longer.

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I didn't want to hold you from it

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3251

Remember to keep an open mind, not to talk about the

1
2

case among yourselves or anyone else.

of course, you know the routine, use your cell phone to make

calls to family, work, whatever, check on the kids, check on

the grown-ups, but you can't use it to look up anything or

discuss this case or do any kinds of research, do anything

that might be connected with this case.


You can't read or listen to or hear anything or read

8
9
10

During the lunch break,

anything that might be connected with this case at all.


Remember to keep an open mind.

11

We will see you at approximately 2:00 o'clock.

12

You can leave the monitors out just in case we need

13

them later.

14

(Jury leaves courtroom.)

15

THE COURT:

We'll recess until the 2:00 o'clock.

16

Mr. Francis, you can take a break from the witness stand as

17

well.

18

THE WITNESS:

19

MR. KAMDANG:

20

Thank you.
You asked me Friday to bring up on

the week of August 2nd we're going Tuesday through Friday.


THE COURT:

21

Thank you for reminding me.

22

little bit in advance, but --

23

please.

24
25

It's a

you can all have a seat,

For the week of August 2nd I've reversed the


schedule a little bit.

SS

I had a number of other matters that I

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3252

just couldn't schedule for a different day that week.

That

week we will work four days but we'll work on Friday.

We will

work the 3rd, the 4th, the 5th and 6th which is Friday.

will tell the jury that.

At this point I think it's kind of early to tell


We don't know where our schedule is

them anything about that.

going to be.

we'll bring them back to deliberate that Monday if need be,

obviously.

10

Let's play it by ear.

If they're deliberating,

I'll just interrupt whatever it is that I've got

going if we need to address any juror questions or notes.


The other thing that was mentioned about the other

11
12

witnesses and interrupting the testimony, what's going on with

13

that?

14

MR. MILLER:

We're attempting to work out a

15

stipulation with the defense in connection with at least three

16

of the government witnesses from Trinidad in law enforcement.

17

I think we made a fair amount of progress.

18

correctly, the defense wants to go through the exhibits that

19

would be coming in through the stipulation instead of through

20

the witnesses to ensure there were no objections, but once we

21

complete that, that ought to moot, I think, at least two of

22

the government's law enforcement witnesses, perhaps three.

23

We're working on that.

24
25

If I understood it

We also have the scheduling of Dr. Levitt and my


hope is we'll be able to accommodate his schedule, but we'll

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3253

keep the court informed.


One other scheduling issue from the government, as

2
3

your Honor remembers in terms of the jury instruction requests

from the parties, the government had submitted our request of

instructions first and then the defense had provided its

responsive instructions.

letter replying essentially to the new instructions that were

suggested by the defense.

Wednesday if that's okay with the court.


THE COURT:

10

We would just like to put in a

We thought we would do that

We have approximately how many more

11

witnesses?

12

another week's work worth of witnesses from the government?

13

I need to know sort of a general figure, at least

I wouldn't say that.

MR. MILLER:

Once this

14

witness is done, we have about two days worth of additional

15

testimony, particularly with the stipulation, assuming that

16

gets signed.

17

cross-examination of this witness, but our hope would be to

18

rest by the end of this week or the beginning, the first day

19

or two of next week, depends on how much time we get through

20

on Wednesday.

Again, it depends a little bit on the

21

THE COURT:

22

MR. MILLER:

I'll need to remind the jury of that.


To finish our scheduling, the other

23

thought given that time frame that perhaps Friday would be a

24

good day to have some sort of jury charge conference, I'll

25

leave it to the court to determine what the appropriate

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3254

schedule would be, but that would be the suggestion we have.

THE COURT:

I think --

--

Is there going to be a defense case?

MS. WHALEN:

Your Honor, at this point, I'll be

speaking to Mr. Defreitas.

Mr. Kamdang reminded me we would

be calling Mr. Napoli who is Mr. Francis's handler.

I think --

From us,

I don't think he would take more than half a day.

THE COURT:

MS. WHALEN:

Mr. Napoli?
Yes.

10

THE COURT:

On behalf of Mr. Kadir?

11

MR. NKRUMAH:

12

possibly two witnesses.

13

questioned.

We anticipated Mr. Kadir and one,


We know Mr. Napoli would be

14

THE COURT:

15

early for a charge conference.

16

closer and we have a better idea of what it looks like.

17

probably still have the better part of next week, if not all

18

of next week to work with.

19

by ear.

20

conference the 23rd, which is not this Friday but the

21

following Friday.

22

case --

23

see.

24

think we should go with that.

25

I think this Friday is a little too


We will work it in as we get
We

We'll see how that goes, play it

I would think it sounds closer to having a charge

I think given there may be a defense

again, the defense may change their mind, but we will

I may have to move some things around for the 23rd.

MR. MILLER:

SS

That makes sense.

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THE COURT:

1
2

3255

As our proposed schedule.

Then that

would be summations and charge the 26th.

MR. MILLER:

That would be fine.

Could we then

submit our response perhaps by the morning of July 19th so

that your Honor would have the week to look at it or would you

like it earlier?

day Friday.

8
9

We could also submit it by the end of the

THE COURT:

Friday would be better.

Can you get it

by Friday?

10

MR. MILLER:

11

THE COURT:

Friday on the 16th, thank you.


If there are any additional defense

12

charges based on the evidence, also you could supply them by

13

Friday.

14

MS. MESSINA:

15

THE COURT:

Should we wait to see their reply?


No, we need them simultaneously.

Then

16

we can discuss, because otherwise, you all forget I need to

17

look at it, review it and compare it to what I've come up

18

with.

19

Take your lunch break.

20

MS. WHALEN:

I'll see you soon.

I was wondering if we could come back

21

maybe five minutes earlier and your clerk could show you we

22

have worked out the agreement for refreshing recollection with

23

the recording.

24

be saying "I can't remember the conversation," but I believe

25

we worked it out this morning so there wouldn't be any risk of

SS

It might go faster since Mr. Francis seems to

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3256

the jury hearing.


MR. JONES:

It seems it works smoothest when he's

asked to remember something, he says I don't remember, he's

handed something without identifying it for the whole

courtroom and lets him look through it.

perfectly willing to have his memory refreshed.

doesn't affect it one way or the other.


THE COURT:

8
9
10
11

Then he's been


The audio

That seems to be working this way.

Ms. Messina, you can take your documents from the witness
stand.
I don't see any reason to stray from what we have

12

been doing thus far.

The questions have to be asked properly

13

in the first instance and a lot of what's been asked isn't

14

really even refreshing recollection or impeachment.

15

(Luncheon recess.)

16

(Continued on next page.)

17
18
19
20
21
22
23
24
25

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3257
A F T E R N O O N

S E S S I O N

(The following occurred in the absence of the jury.)

THE COURT:

Is everybody all set?

MR. JONES:

Yes, Your Honor.

THE COURT:

Except for Mr. Nkrumah.

MS. MESSINA:

THE COURT:

(Mr. Nkrumah now present.)

Please have a seat.

Be seated.

I see everybody is here.

Yes, Your Honor.

Okay.

Why don't we get Mr. Francis.

10

THE CLERK:

Are we ready for the jury?

11

THE COURT:

Yes.

12

THE CLERK:

Okay.

13

(The witness is present.)

14

THE COURT:

15

THE WITNESS:

16

THE COURT:

17

THE WITNESS:

18

(Jury present.)

19

THE COURT:

20

Everyone may be seated.

21

Welcome back, ladies and gentlemen.

22
23

We should be, yes.

Do you have enough water?


Yes.

Thank you.
Thank you.

The jury is entering.

I hope you had

a good lunch.
Do all of the parties agree that all of our jurors

24

are present and properly seated?

25

Government?

GR

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1

MR. JONES:

Yes, Your Honor.

THE COURT:

The defense?

MS. WHALEN:

MR. NKRUMAH:

THE COURT:

3258

Yes, Your Honor.


Yes, Your Honor.

This is, again, continued

cross-examination of Mr. Francis by Ms. Messina.

You may take the podium, Ms. Messina.

MS. MESSINA:

THE COURT:

Welcome back, sir.

10

THE WITNESS:

11

THE COURT:

12

Thank you, Judge.

Thank you.

Again, I remind you that you are still

under oath.
THE WITNESS:

13

Yes.

14

CROSS-EXAMINATION CONTINUES

15

BY MS. MESSINA:

16

17

Guyana and staying in the son -- Mr. Kadir's son's house,

18

Saleem; do you remember that?

19

Yes.

20

It was during that time that you showed Mr. Kadir the

21

actual downloaded Google map of the airport, is that correct?

22

Yes.

23

Can you tell us if you had that map blown up or enlarged?

24

Yes.

25

yes.

Mr. Francis, before lunch we left with you going back to

It was enlarged by instructions of Sheik Mohammed,

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Okay.

3259

So Mr. DeFreitas asked you to enlarge the map, is

that right?

Yes.

Not Mr. Kadir?

Yes.

You had a conversation with him as you were looking at

that map, correct?

We were all having a conversation, yes.

And none -- can you tell us if that conversation was

He did not ask you to do that?

10

recorded?

11

12

refresh my memory.

13

14

that conversation or not?

15

16

my memory on that.

17

18

am just asking you, do you remember --

I can't recall.

We have many conversations.

If you can

So you are telling us you can't recall if you recorded

I'd like to know if -- if there is anything to recollect

Mr. Francis, you are not allowed to ask me a question.

19

THE COURT:

He is not asking you a question.

20

Do you understand the question?

21

The question is do you recall if that meeting where

22

you discussed the Google Earth map, whether that meeting was

23

recorded?

24

Do you remember whether it was or not?

25

THE WITNESS:

GR

I don't recall.

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I don't remember.

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THE COURT:

MS. MESSINA:

3260

Okay.
Thank you.

Is it later that day, another day that week that you had

a very long, several hours conversation with Mr. Kadir about

some idea, religious ideas and other maybe philosophical ideas

about Islam?

Yes.

Do you remember when that was in relation to showing the

map?

10

I remember that this conversation that we had was prior

11

to the day that we was going to Trinidad so I don't recall at

12

this moment how close was the showing of the -- the maps or

13

the Google Earth to Sheik Kadir with presence of Sheik

14

Mohammed and I.

15

16

Saleem's house for several days, you said.

17

even over a week.

Okay.

So -- but you do recall being down in Guyana at


It could have been

Am I right?

18
19

Yes.

20

But you don't recall exactly when within that period you

21

showed Sheik Kadir, as you call him, the map, is that right?

22

23

until Sheik Mohammed was present to do that.

24

25

of those days you showed him the map?

Sheik Mohammed and I show him the map.

Okay.

I had to wait

So my question was, can you pinpoint for us which

GR

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3261

I don't recall which days specifically.

meeting but I don't recall the day specifically.

I recall the

Just to back up one second to a prior time.

After -- as we talked about already, you had this

dispute early on in the conspiracy with Abdel -- rather with

Donald Nero.
Do you recall we had that conversation?

7
8

Which time actually we discussing about?

Back in January of 2007, when you had been meeting with

10

Rutherford and Nero and Mr. DeFreitas, we -- do you recall we

11

talked about there had been a dispute among you and they left

12

the conspiracy?

13

Yes.

14

At that time before that dispute happened you had been

15

staying with Donald Nero, isn't that right?

16

Yes.

17

When the dispute occurred and you still stayed in Guyana,

18

where did you stay?

19

20

is actually his mother's house.

21

same house.

22

Was he staying there too?

23

Yes.

24

Now, when you were staying with Saleem in this house,

25

where were you staying in the house?

I stayed in the -- in Sheik Dawood Masood's house, which

GR

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I continued staying in the

Donald Nero?

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3262

In one of the rooms.

Were you staying on a bed?

Yes.

Now I want to draw your attention to what we were just

talking about.

the day before you -- I believe you said that you went to

Trinidad, is that right?

Yes.

And it is fair to say in that conversation you talked

You had this long conversation with Mr. Kadir

10

about many different things?

11

That's correct.
MS. MESSINA:

12

Judge, I would ask permission to play

13

what's already been admitted into evidence as Government's

14

Exhibit 223 T and I would be starting on -- give me just one

15

second -- page 14, the top of the page.

16

Judge, may I play this portion?

17

THE COURT:

18

Do the jurors have their books out and ready?

19

(Tape plays; tape stops.)

Yes.

20

EXAMINATION CONTINUES

21

BY

22

23

Mr. Kadir is talking to you, is this correct, about the value

24

of education?

25

MS. MESSINA:
So in this -- in this particular part of this recording,

Yes.

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Is that correct?

Yes.

3263

(Tape plays; tape stops.)

Now, Mr. Francis, you are speaking about the chicken farm

in this segment; is that correct?

Yes.

As you said, was this the first time you actually

approached Mr. Kadir to ask what people that he may have

reached out to thought about it?

The JFK plot, yes, the chicken farm.

10

I asked him in regards of the -- what they consider of

11

the -- what the reason why they will be either interested or

12

not and at this point, yes.

13

14

interested, is that correct?

15

No, that's not correct.

16

Well, can you tell me where does he say they are

17

interested?

18

19

actually showed that they were interested and but not -- not

20

right now because it was sensitive, but they were interested.

21

And we also was just prior to leaving you asked me to read

22

something.

23

you did not play.

24

25

unless you have a recollection of it or unless it answers to

Up to this point, again, your information is they are not

I can -- actually, we went through a tape before which

It was considered some -- some parts of CD that

Mr. Francis, I don't want you to refer to something

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1

my question.
Let me ask you a question about this particular

2
3

3264

conversation.

Can you turn -- do you remember what date this

conversation was held, this one we are talking about now?

Trinidad.

on your transcript and tell me what date that was?

I said before, it was before the day of our departure to

Can you look at the first page of the exhibit in evidence

10

It says May 19, 2007.

11

Okay.

12

changed their position, isn't this correct, about wanting to

13

become involved in this plot?

14

15

position on the sensitivity.

16

they are not interested in the JFK plot.

17

18

until now that the folks aren't interested?

So on May 19th, Mr. Kadir's contacts haven't

No, that's not correct.

They are not changing their


But they never has claimed that

Well, Mr. Kadir told you on several occasions now up

19

MR. JONES:

Objection.

20

THE COURT:

Sustained.

21

In addition to Mr. -- Mr. Francis, did -- the

22

conversation when Mr. Kadir told you the folks aren't

23

interested now, it's too sensitive, do you remember that

24

conversation with Mr. Kadir?

25

Yes.

GR

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3265

That occurred months prior to this conversation, correct?

MR. JONES:

Objection.

THE COURT:

Sustained.

When did that conversation occur?

Which one of them?

The conversation where you first learned that Mr. Kadir

says the folks -- talked about sensitivity and that's why the

contacts aren't interested?

Oh, I can't tell you exactly the moment.

But we already

10

went through it about -- not long ago, actually.

11

through it just now, before we went on break.

12

13

happened close in context with when Mr. DeFreitas was searched

14

at the airport back going to the United States, right?

15

It was after he was searched.

16

Okay.

17

Or around that time.

18

Yes.

19

went back to the United States, and when was that, do you

20

recall?

21

February 2007.

22

Okay.

23

that's three -- three months, right?

24

passed, is that right?

25

Okay.

We went

Do you remember -- it is fair to stay that it

Between that time -- he was searched around when he

March?

February?

So in-between February 2007 and now May 19th,

Sometime.

GR

Three months have

I don't know exactly, yes.

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3266

Mr. Kadir has still not come back to you and said his

contacts are interested, has he?

actually timing is very important for I appreciate.

He just mentioned is that this needs careful thought.

Right.
He didn't say to you anything more about sensitivity

6
7

in this conversation?

MR. JONES:

Objection.

THE COURT:

Sustained.

10

So

Let's listen.

11

(Tape plays; tape stops.)

12

Mr. Francis, Mr. Kadir is saying they right now say

13

in this part of the world our people need education,

14

development and information.


Is that what you are talking about with how to

15
16

prioritize this?

17

18

No.
Actually that's not what he's saying.

He's saying

19

actually that now, but he's also saying that their folks are

20

interested and not right now, so he has never actually said

21

that they are not interested and he never said I don't want to

22

be part of this, they don't want to be part of this, don't

23

talk to me no more, I don't know what you're talking about.

24
25

He says that right now it's sensitive and they


taking careful thought about the matter because it's a very

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Francis-cross-Messina

3267

sensitive and big project.

That's why he continuously say to

the last minute actually I spoke to him, he has never said,

ever claimed that they were not interested.

heard.

in this part of the world, our people need education,

development and information, he doesn't mean that?

I did not say that.

He didn't mean that?

But, Mr. Francis, I am asking about that sentence we just


Are you saying when he said they right now, let's say

I did not say that he didn't --

10

All right.

11

(Tape plays; tape stops.)

12

Let me just stop there.

13

What does that word dawa mean?

14

Dawa is -- is a word in Arabic that pertains to calling

15

people to Islam by differing ways and means.

16

17

correct me if I am wrong, was that you wanted a spiritual

18

component to this plot?

19

20

researching for his plot to be developed.

21

22

play through Sheik Mohammed was that Mr. Kadir was to provide

23

some kind of spiritual or religious guidance in the plot,

24

correct?

25

Okay.

One of the reasons you sought out Mr. Kadir,

Isn't that right?

I did not want anything.

Sheik Mohammed was the one

Your understanding of one of the roles Mr. Kadir was to

Sheik Kadir was -- his connections was going to provide

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3268

economical support as well as manpower to the plot.

think that Sheik Kadir was actually at this point researching

for religious input.

MS. MESSINA:

(Pause.)

I don't

One moment, please.

Didn't you say on direct that one of the reasons you went

to see Sheik Kadir is that he would be helping you with the

spiritual element of this plot?

I don't recall saying that.


According to my understanding, we went to visit

10
11

Sheik Kadir under the instructions of Abdul Wahab as a

12

connection that will provide economical as well as support to

13

the JFK plot.

14

Sheik Kadir for any spiritual advice or anything like that.

15

I don't recall ever mentioning that we went to

Let's continue.
As you keep talking to Sheik Kadir, as you call him,

16
17

he's instructing you more on his philosophy about what is the

18

proper posture of the Muslims in relation to the plot, isn't

19

that right?

20

I --

21

THE COURT:

Sustained as to form.

22

Please refrain from testifying.

23

Was part of what Mr. Kadir talking to you about on this

24

occasion helping you understand his philosophy about where

25

Muslims should stand in relation to any plots of aggression?

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Francis-cross-Messina
He's expressing some of his views.

3269

If you listen to the whole tape, he actually expresses so many

views and reasons why as to the why, as to the won't.

At no

point did he display not -- no interest in the plot.

On the

contrary, if you listen to the conversation, he also justify

at some point.

There are many views.

Mr. Francis, you have repeated that now how many times.

THE COURT:

Sustained.

Please, no arguing with the witness.


(Tape plays; tape stops.)

10
11

Mr. Francis, you are talking to him about a sermon he

12

gave, is that right?

13

Yes.

14

You remembered and you mentioned to him that you recall

15

him saying that we have done very little for Islam.


What did you interpret -- what did that mean?

16
17

If you continue to play the tape actually you will be

18

able to appreciate his answer in his own words.

19

I am asking you what you took to mean.

20

Okay.

21

spoke about Hezbollah at this point and that they are actually

22

defending themselves by the actions that they take and if

23

you -- if you appreciate the tape, he's condoning their

24

behavior according to their building of institutions and so

25

on.

So Sheik Abdel Kadir, he said that actually he

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Francis-cross-Messina
1

institutions and only -- withdrawn.

3270

To your recollection, was Mr. Kadir saying we must build

Was Mr. Kadir saying only when we build institutions

do we have the right to defend them?

forward was that one.

built no institutions to defend.

He said one of the -- one of the views that he put

Okay.

And then he says, we heard earlier, that we have


Is that right?

That's correct.
(Tape plays; tape stops.)

10
11

Now, you specifically ask him, what's the difference

12

between Hezbollah and what Sheik Mohammed is trying to pull

13

off, is that right?

14

Yes.

15

What were you referring to about what Sheik Mohammed is

16

trying to pull off?

17

We are talking about the JFK plot.

18

Okay.

19

(Tape plays; tape stops.)

20

Mr. Francis, once again, doesn't Mr. Kadir say to

21

you, we haven't built anything?

22

He means institutions per se like Hezbollah.

23

Right.

24
25

And in the course of this conversation -- you are


listening to his words, aren't you?

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3271

Yes, I am.

And are you to some degree acting as maybe his student

would, to listen and appreciate, is that right?

Just listening to his views.

And his views are, as we have heard, would you agree with

me, because we haven't built anything, we have no right to act

aggressively in order to defend anything?

That's not correct.

Let me play on.

10

(Tape plays; tape stops.)

11

(Continued on next page.)

12
13
14
15
16
17
18
19
20
21
22
23
24
25

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3272

Again, he's pointing out, correct me if I'm wrong, the

major differences between what he's describing what Hezbollah

does socially and what Mr. DeFreitas is seeking to do with

regard to that, am I right?

his connections and the connections, Abdul Kadir he hasn't

mentioned yet who are they, but he's mentioning that they are

interested in the plot and we don't know how established they

are and who are these people.

Yes.

By the same token, Sheik Mohammed is looking for

Right.

10

11

Francis.

12

I'm just referring to this conversation, Mr.

I'm clarifying for you.


THE COURT:

13

I didn't hear a question so there is

14

nothing for you to answer.

15

16

when he had this long conversation with you?

17

Of course not.

18

So wasn't trying to twist his own words to appear better

19

today, was he?

Mr. Kadir was not aware you were wearing a wire, was he,

How can I be sitting here?

20

MR. MILLER:

Objection.

21

THE COURT:

22

MS. MESSINA:

23

(Tape plays; tape stops.)

Sustained.
One more short piece I'll play.

Mr. Francis, isn't the lesson from all that that you only

24

25

have the right to be aggressive if -- withdrawn -- that

Burton H. Sulzer, OCR, CRR, CSR, CM

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 123 of 230 PageID #: 5545
3273

Francis - cross/Messina
1

according to Mr. Kadir you have a right to defend what you've

built, in his philosophy, and not to be aggressive?

MR. MILLER:

THE WITNESS:

THE COURT:

Objection.
That's not correct.

The --

There is no other question before you at

this moment.
THE WITNESS:

I'm sorry.

Wasn't it around the same point of time that he actually

tells you he's not going to Trinidad?

10

Yes.

11

And he does not go to Trinidad with you?

12

Yes.

13

But you go to Trinidad; is that correct, with

14

Mr. DeFreitas?

15

Yes.

16

And wasn't it also around this point in time that you

17

were eventually led to Kareem Ibrahim in Trinidad?

18

Yes.

19

And wasn't it around that point when Mr. DeFreitas said

20

to Kareem Ibrahim that Kadir is not interested and he's having

21

no part of this; doesn't Mr. DeFreitas say that to

22

Mr. Ibrahim?

23

At the beginning of the conversations, yes.

24

A little later in that same conversation, doesn't he say

25

to Mr. Ibrahim, we know Kadir can't do nothing, that he's

Burton H. Sulzer, OCR, CRR, CSR, CM

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 124 of 230 PageID #: 5546
3274

Francis - cross/Messina
1

behind the times, he has no connections to Trinidad, doesn't

he say that to Mr. Ibrahim.

Yes.

Doesn't he also say Kadir doesn't know much about him --

withdrawn.

knowledge of Abu Bakr to Mr. Ibrahim?

I don't recall exactly what he mentioned about that.

Do you recall him saying Mr. Kadir doesn't know much

about him anymore, he doesn't know how he's operating, he

Doesn't Mr. DeFreitas also talk about Kadir's

10

doesn't know what he can do from what he can't.

11

He said that, yes.

12

Okay.

13

to go back to Abdel Nur for a moment.

14

when you're in Trinidad; correct?

15

Yes.

16

And Abdel Nur is someone you've described as being

17

unreliable, isn't that right?

18

19

Mohammed was the one that say that, I didn't say that.

20

21

reliable?

22

23

point.

24

25

reliable?

Now, at this point Mr. Kadir -- withdrawn.

I want

You speak to Abdel Nur

I just repeat what Sheik Mohammed call him.

Sheik

What was your view on Mr. Nur, did you think he was

It is not my point of view that is important at this

I'm asking you your point of view.

Did you think he was

Burton H. Sulzer, OCR, CRR, CSR, CM

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3275

Francis - cross/Messina

I think he was a person that will fulfil the job that he

was asked to do.

Bakr, right?

That's not correct.

What was he asked to do in Trinidad?

Sheik Mohammed had asked Abdel Nur to introduce Sheik

Mohammed and I to Abu Bakr.

Okay.

10

Pertaining to the JFK plot.

11

So he was asked to introduce you to Abu Bakr; is that

12

right?

13

Yes.

14

And isn't it a fact that he was supposed to be met at the

15

airport by you or others helping you meet Abu Bakr?

16

He was asked to meet you in Trinidad to help seek out Abu

I cannot understand the question.

17

THE COURT:

There is no question there.

18

MS. MESSINA:

I'll rephrase it.

Is it your understanding that Mr. Nur was supposed to

19

20

travel with you to Trinidad?

21

22

always going to go by himself and we were going to go in a

23

different flight.

24

And --

25

-- according to Sheik Mohammed.

At no point he was supposed to travel with us.

Burton H. Sulzer, OCR, CRR, CSR, CM

He was

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 126 of 230 PageID #: 5548

Francis - cross/Messina
1

Do you know if he went before you or after you?

He went before us.

And how many days did it take in Trinidad before you

found Abdel Nur?

Couple of days.

So when Mr. Nur came, nobody knew where he was for a

couple of days; is that right?

He was in jail where we found him.

When did you learn that, how many days after he was

3276

10

supposed to meet you?

11

We met him couple of days after his landing on Trinidad.

12

Wasn't the sole purpose of him being in Trinidad --

13

withdrawn.
Wasn't his people involved with -- who funded your

14
15

trip to Trinidad, were they the same people who funded his

16

trip, if you know?

17

The person that bought the ticket was Sheik Mohammed.

18

Is that Mr. Sheik Mohammed Mr. DeFreitas or --

19

Mr. DeFreitas bought the ticket for Abdel Nur.

20

How did he get the money?

21

He had the money to pay Shafiq.

22

Shafiq and he gave me $250 to pay -- over $200 to pay the

23

ticket for Abdel Nur to go.

24

25

informant back in New York, what tickets did he pay for?

We had $450 to give

What did the man, the undercover agent or the FBI

Burton H. Sulzer, OCR, CRR, CSR, CM

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 127 of 230 PageID #: 5549
3277

Francis - cross/Messina

He was given to us three tickets that were assigned to

Sheik Mohammed, to Sheik Kadir and myself, and Sheik Kadir say

he wasn't traveling.
Before he said that he wasn't traveling, we already,

4
5

Sheik Mohammed, Abu Nur and I, had gone to the ticket place

and had already arranged for Abdel Nur to go with a fourth

ticket that was paid with Sheik Mohammed's money, which is

DeFreitas.

But the money used to buy your tickets and Mr. DeFreitas'

10

ticket, correct me if I'm wrong, was paid for by this FBI man

11

in New York; is that right?

12

13

Mohammed.

14

15

Kadir's tickets to buy Nur's ticket?

16

No.

17

When Nur got to Trinidad, you were supposed to meet him

18

the first day he showed up, isn't that correct, you or

19

Mr. DeFreitas?

20

We are supposed to meet in Trinidad, yes.

21

The first day when he showed up, wasn't that the plan?

It was the three tickets that were given to us by Sheik

And Mr. DeFreitas used the money of the exchange from

22

THE COURT:

23

MS. MESSINA:

24
25

The first day when who showed up?


When Mr. Nur arrived.

Again, we were supposed to -THE COURT:

Mr. Nur arrived before.

Can you clarify

Burton H. Sulzer, OCR, CRR, CSR, CM

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Francis - cross/Messina
1

3278

your question.
MS. MESSINA:

I apologize.

How much after Mr. Nur arrived did you arrive?

Same day, very late at night that day.

What was the arrangements for you to meets Mr. Nur?

We were supposed to meet him at the airport, meaning

Sheik Mohammed and I.

And he wasn't there immediately, was he?

No, he wasn't.

10

And it took a few days, correct me if I'm wrong, to find

11

him and to meet him, isn't that right?

12

Yes.

13

And hasn't Mr. DeFreitas expressed or spoken to you about

14

Mr. Nur in the course of your conversations?

15

Pertaining to what?

16

Hasn't he expressed to you his distrust of Mr. Nur?

17

He mentioned his distrust with money handling, yes.

18

And at one point when you do meet up with him in

19

Trinidad, don't you have a conversation with Mr. Nur about

20

specifically what interaction he had with Abu Bakr?

21

Yes.

22

And in that conversation aren't you asking him a lot

23

questions, a lot of detail to figure out if he really did meet

24

with Abu Bakr at all?

25

Yes.

Burton H. Sulzer, OCR, CRR, CSR, CM

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Francis - cross/Messina

Are you suspicious that he might not have even met with

Abu Bakr?

and to provide information.

I'm not here to suspect.

I'm here to answer questions

I'm just asking your opinion.

MR. MILLER:

THE COURT:

MS. MESSINA:

3279

Objection.
Sustained.
Judge, I'd ask if we could play what

is marked already in evidence Government Exhibit 225 T,

10

starting at the beginning of the conversation at the top of

11

page two.

12

May I do that, Judge?

13

THE COURT:

14

(Tape plays; tape stops.)

Yes, you may.

Mr. Francis, it sounds like you were a little annoyed, am

15

16

I misinterpreting that?

17

MR. MILLER:

18

THE COURT:

Objection.
Sustained.

Are you annoyed when you're having this conversation with

19

20

him?

21

Not at all.

22

Is it a fact that you want to pin him down about what

23

exactly he said and did with Abu Bakr?


You have to say yes or no, you can't shake your

24
25

head.

Burton H. Sulzer, OCR, CRR, CSR, CM

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Francis - cross/Messina
1

No.
(Tape plays; tape stops.)

Mr. Francis, correct to say, you're not satisfied with

him saying so, so, so, blah, blah, blah, you want to know

more; is that right?

point and he actually told me exactly what he told him.

I want to know exactly what he has told Abu Bakr at this

(Tape plays; tape stops.)

8
9

3280

And he answers you, when you ask him that question, I

10

told him we got something, we got to show him home, you know,

11

home, there on this thing.


What does that mean?

12

Again, I ask him to the point where he tell me, there

13

14

were reasons, different reasons why we going there and his

15

only reason was to speak about the Chicken Farm or the JFK

16

plot, and I wanted to do make sure that the guy -- what the

17

guy had spoken to Abu Bakr, and it was to get information

18

clear so there will be no misunderstanding about what he has

19

spoken to him.

20

21

he meant?

22

And the sentence I just read to you, was that clear what

If you can continue on I will appreciate it.


(Tape plays; tape stops.)

23

Did you understand in that paragraph he said, if he

24

25

wanted do it he will do it, if he don't want to do it, if he

Burton H. Sulzer, OCR, CRR, CSR, CM

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 131 of 230 PageID #: 5553
3281

Francis - cross/Messina
1

know, ah, ah, no he can get a cell because he would do it in a

way that he would get other contacts to keep him out because

he had to be out of it, but when he sell it so so so, little

funds can, you know, whatever, once you can get the cell, if

the other brother can get the cell, we can, well, if, but

then, he said it's going to take time, Abu Bakr got more, got

more contacts, he will do it faster, the Shiits, most of them.


Are you understanding what he's telling you?

8
9

can answer yes or no please do.

10

Yes.

11

You don't think at this point he's giving you the

12

runaround?

13

He answered the question.

14

So you don't think he was giving you the runaround?

15

MR. MILLER:

16

THE COURT:

17
18

If you

Objection.
What did you understand him to mean by

that conversation?
THE WITNESS:

Abu Nur actually always expressed that

19

Abu Bakr was able to get the contacts to fund the JFK plot and

20

in this he actually mentioned that he has spoken to him about

21

the plot somewhat, but really the understanding of the plot

22

fully was following Sheik Mohammed at that point.

23

So he needed to sit down, Sheik Mohammed needed to

24

sit down with Abu Bakr, display his knowledge of the JFK plot

25

for him in order to get involved with his connections because

Burton H. Sulzer, OCR, CRR, CSR, CM

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 132 of 230 PageID #: 5554
3282

Francis - cross/Messina
1

of his -- the sensitivity that he was living in at that

moment, facing charges in Trinidad, he could not deal directly

with the plot and it was only up to him whether he wanted to

join it or not.

the plot to Abu Bakr and to get Sheik Mohammed and I to speak

with him was done at this point.

But Abdel Nur's role was actually to present

(Tape plays; tape stops.)

Now he's saying the Shiites and you say, Who?

says the Shiites?

And you say then the Shiites.

And he

And he says

10

ah-uh, contact with the Shiites.

11

abroad, they would be more like ready for that but because Abu

12

Bakr is still not that abhorrent to the Shiits.


THE COURT:

13
14

If he could get the contacts

Why are you repeating this?

Is there a

question behind that?

15

MS. MESSINA:

Yes.

16

(Tape plays tape stops.)

17

Mr. Francis, what pictures is he talking about?

18

He's talking about some personal pictures that he has.

19

Did Mr. Nur appear to you to be drunk or high on drugs at

20

the time of this conversation?

21

No.

22

What's he talking about the Shiits, Mr. Bakr, still not

23

that abhorrent to the Shiits, what is that about, if you know?

24

25

have different methodology.

Abu Bakr assuming -- he's not Shiite, Shiite and Sunni

Burton H. Sulzer, OCR, CRR, CSR, CM

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Francis - cross/Messina
1

And Mr. DeFreitas is a Shiite; is that right?

Yes.

I have two more areas.

Trinidad, did you or Mr. DeFreitas have you call Mr. Kadir

again, remember that?

Yes.

Right.

about using his bank account.

conversation?

3283

At some point during your time in

Which occasion actually?

Different calls.

This is the occasion when you're asking Mr. Kadir


Do you remember that

10

Yes.

11

Is it correct to say that Mr. DeFreitas or yourself had

12

never had a conversation about that with Mr. Kadir before?

13

About the bank account?

14

About using the bank account to put in money from the

15

Chicken Farm?

16

17

Ibrahim and myself as well as Abdel Nur, and actually the

18

matter was raised up and he was calling them in regards to

19

that, yes.

20

21

right, on the phone?

22

The first time he was approached with the idea, yes.

23

Right?

24

Abdul Kadir.

25

He wasn't expecting you to call him at that moment?

This was discussed by Sheik Mohammed as well as Sheik

The first time you approached him with this idea; is that

Burton H. Sulzer, OCR, CRR, CSR, CM

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 134 of 230 PageID #: 5556
3284

Francis - cross/Messina
1

MR. MILLER:

THE COURT:

Objection.
Sustained.

Was he -THE COURT:

Excuse me.

If I'm in the middle of

deciding an objection don't speak over me.

I would appreciate

that.

him on that particular day to talk to him?

I was asked to call Sheik Kadir.

10

Had you been asked prior to that to call Mr. Kadir at

11

that particular time and day?

12

I don't recall right now.

13

Mr. Francis, it's correct to say that you were talking to

14

Mr. Ibrahim about finding someone who could go to Iran with

15

the plot?

Did you make any prior arrangement with Mr. Kadir to call

THE COURT:

16

That's not a question.

Please rephrase

17

it.

18

19

finding someone to go to Iran?

20

21

actually mentioned that he has the contact and he will get his

22

contacts.

23

contact, the personal call.

24

25

though, weren't you?

Was part of what you were talking to Mr. Ibrahim about

Sheik Mohammed presented a plot to Sheik Ibrahim and he

He's the one that is doing the talking about the

And you were there when the conversation took place,

Burton H. Sulzer, OCR, CRR, CSR, CM

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 135 of 230 PageID #: 5557
3285

Francis - cross/Messina
1

That is correct.

And it was Sheik Ibrahim who said he was trying to find

his contact in Iran; isn't that correct?

Yes.

Did you even know that Abdul Kadir was coming to Trinidad

or was in Trinidad simultaneously while you were there?

No.

And had you any idea he was on his way to Iran?

No.

10

Finally, Mr. Francis, I want to talk to you about your

11

record.

12

Okay.
THE COURT:

13

Ask your questions without a preface,

14

please.

The remarks of counsel are not evidence.

They are

15

stricken.

16

evidence.

17

18

than one occasion that his contacts, his so-called contacts

19

were not interested in the plot at that time?

It is the answer coupled with the question that is

Mr. Francis, it's true to say Mr. Kadir told you on more

20

MR. MILLER:

21

THE COURT:

Objection.
Sustained.

Did there ever come a time when Mr. Kadir said to you, My

22

23

contacts got back to me.

24

no?

25

They're ready to go forward?

No.

Burton H. Sulzer, OCR, CRR, CSR, CM

Yes or

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 136 of 230 PageID #: 5558
3286

Francis - cross/Messina

Did there ever come a time when Mr. Kadir said these are

my contacts.

I'll give them to you, call them yourself?

MR. MILLER:

Objection.

THE COURT:

Did he ever say that to you?

THE WITNESS:

I will allow it.

No.

Did Mr. Kadir say to you, Mr. Francis, that we have no

right to be aggressive because we only can be defend the

institutions we've built and we've built nothing.

10

Did you

have that conversation with him?


THE COURT:

11

Sustained.

Asked and answered.

Mr. Francis, you had an interest in making sure this case

12

13

got prosecuted, don't you?

14

I don't know what you mean by that question.

15

Do you know what being prosecuted means?

16

I don't understand your question.

17

Do you know what the word "prosecution" means?

18

I understand the word prosecution, but I don't understand

19

the question.

20

I'm sorry.

What is your understanding about a case being prosecuted?

21

MR. MILLER:

22

THE COURT:

23

Objection.
Sustained.

Mr. DeFreitas, there is a difference between --

24

THE COURT:

Mr. Francis.

25

MS. MESSINA:

I'm sorry.

Excuse me.

Burton H. Sulzer, OCR, CRR, CSR, CM

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Francis - cross/Messina

3287

Mr. Francis, you signed a deal with the Special Narcotics

Prosecution Office in New York County, correct?

Yes.

And that deal said not only did you have to cooperate,

you had to do more than cooperate, didn't you?

Special Narcotics.

life, isn't that correct?

I have some closures but I have to cooperate with the

You were facing, and you still are, a sentence of 25 to

10

That is correct.

11

That was because in 2002 you were carrying when you were

12

arrested five kilo bags of -- is it crack or cocaine --

13

Cocaine.

14

In a backpack?

15

Yes.

16

And that wasn't all you did in that crime, is it?

17

No.

18

You also had access to what is called a stash house?

19

That is correct.

20

On 3656 Johnson Avenue; is that where it was?

21

Yes.

22

And what --

23

I'm not quite sure of the address at this point, but,

24

yes.

25

Can you tell the jury what is a stash house.

Burton H. Sulzer, OCR, CRR, CSR, CM

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3288

Francis - cross/Messina
It's a place where drugs are stored or other -- many

different things.

What other things?

It all depends what you want to store in there.

actually at this point it's drugs actually, yes.

But

And your role -- withdrawn.


You were involved in a conspiracy in that particular

7
8

case from 2001, correct me if I'm wrong, spring of 2001, to

November of 2002?

10

It's possible.
THE COURT:

11

It's not a question.

What was the length of time of your involvement in that

12

13

conspiracy?

14

I can't remember right now exactly how long it lasted.

15

Is it fair to say it was over a year that you were

16

involved?

17

Possible to say.

18

And during the course of that conspiracy, wasn't it your

19

role to pick up drugs -- is that correct?

20

21

from one location to another.

22

So you had to pick up drugs; is that right?

23

Yes.

24

You also had to take care of some matters at the stash

25

house; is that right?

My role there was -- I was driver actually to take drugs

Burton H. Sulzer, OCR, CRR, CSR, CM

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3289

Francis - cross/Messina
1

Yes.

What were the matters you had to take care of?

I had to pay the rent and I had to make sure it's clean.

Did you also help package the drugs?

Package the drugs?

Did you also collect money?

I collect money at some points, yes.

Did you also help weigh the packages?

Yes.

10

And at that time when you were arrested, you were charged

11

with an A1 felony; is that correct?

12

It's what it says, yes.

13

By the way, some of the money you collected, did that

14

include collecting money from a man named Juan Carlos in the

15

amount of $56,000?

16

17

have anything to recollect my memory.

18

19

drugs in your backpack, how much would that go for, how much

20

could you sell that for?

21

22

carrying it from one point to another, but it was quite a

23

large amount.

24

25

I believe so.

No, they came packaged already.

Maybe, I don't remember exactly.

If you

Mr. Francis, how much, if you know, did the five kilos of

I don't know 100 percent.

I wasn't selling, I was just

When that happened, this arrest/ withdrawn.


You pleaded guilty to that offense; correct?

Burton H. Sulzer, OCR, CRR, CSR, CM

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3290

Francis - cross/Messina

I have a guilty plea put in, yes, by Special Narcotics,

yes.

approximately 120 kilos of cocaine?

memory.

relation to that case?

Yes.

10

And you testified -- withdrawn.

11

Samuel Santiago, Ruben Cordero, and William Rivera?

12

Yes.

13

Were they your friends?

14

They were acquaintances.

15

Acquaintances?

And during that event you picked up from New Jersey

I believe so.

I'm not sure.

I can't recall.

Mr. Francis, did you testify in the grand jury in

Do you know the names

Did they work with your in the drug business?

16
17

Yes.

18

And you testified against those men?

19

Yes.

20

Refresh my

MS. MESSINA:

Judge, I'd ask this to be marked

21

Defendant's Exhibit -- I believe we're up to I -- for

22

identification.

23

MR. JONES:

Can we get a number?

24

MS. MESSINA:

25

THE COURT:

This is page 30 of --

3500 number, please.

Burton H. Sulzer, OCR, CRR, CSR, CM

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Francis - cross/Messina
1
2

MS. MESSINA:

One moment.

3291

3500 SF 175, page 30.

Actually, I will hand up the whole pack.

THE COURT:

Can I see counsel at the side, please.

(Continued next page.)

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

Burton H. Sulzer, OCR, CRR, CSR, CM

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3292

Francis - cross/Messina
1

(Sidebar.)

THE COURT:

I just wanted to know why is he being

handed grand jury minutes?

Right now there is nothing that

he's been asked that he doesn't remember.


MS. MESSINA: I thought he just said when I asked

5
6

him -- I asked him whether he knows about 71 kilos out of New

Jersey.

He said I can't remember.

THE COURT:

kilos in New Jersey.

You didn't ask him whether he sold 71

10

MS. MESSINA:

I'll ask him that.

11

THE COURT:

12

MS. MESSINA:

13

THE COURT:

14

MS. MESSINA: I asked him how many kilos did he pick

You didn't ask him that.


I will, Judge.

You didn't ask him.

15

up from New Jersey.

I believe I said 120 and he said he

16

couldn't remember, if something could refresh his

17

recollection.
On page 29 of the grand jury minutes, line 19, he's

18
19

asked that question.

20

cocaine did you pick up on that case in New Jersey and he

21

answers 120.
MR. JONES:

22

Stopping you there, how many kilos of

I don't see what the relevance is.

23

admitted again and again that a drug dealer with multiple

24

kilos.

25

He's

What difference does it make whether it is 70 or 120?


MS. MESSINA:

Because it's a fact, number one,

Burton H. Sulzer, OCR, CRR, CSR, CM

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3293

Francis - cross/Messina
1

relevant to his history and he asked to refresh his

recollection and this will do that.

THE COURT:

How much more are we going to be

subjected to the fact that he was a major drug dealer?

Obviously that's before the jury.

MS. MESSINA:

MR. MILLER:

There is plenty of case law that says you can

Ten minutes.
Judge, if I might?

impeach someone based on a conviction.

We have in the record

10

the guilty plea, we have the sense that it's an A1 felony,

11

it's in the plea agreement, so we have that in the record.

12

To the extent that the defense wants to argue that

13

it is an incentive, that's is in record.

14

he's moved a lot of drugs.

15

We also have that

He has admitted to that.

Now we're getting into the field of 608, which is

16

specific instances of conduct.

17

repeatedly held that narcotics trafficking unless done in some

18

sort of surreptitious manner, involves a lie, doesn't not

19

involve 608 specifically.

20

The Second Circuit has

What we have here is we are getting deep into a

21

collateral matter when the basic point here is well

22

established and it's been admitted by the witness.

23

Getting into whether it's 71 or 100 or 84 kilos is

24

irrelevant to the question which is well established that he

25

may or may not, as the parties will argue, have a sense to

Burton H. Sulzer, OCR, CRR, CSR, CM

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3294

Francis - cross/Messina
1

tell something that wasn't true.


THE COURT:

2
3

I agree.

You have to ask relevant

questions.
MS. MESSINA:

The defense has the obligation and

right to express in specific terms the extent to what is on

the line and what Mr. Francis did.


MR. JONES:

7
8

Does this impact, that number impact how

long he's going to serve in jail?


THE COURT:

He has a 25 to life sentence.

10

get higher than 25 to life in state court.

11

of drugs that was worth a lot of money.

12

role.

You don't

He picked up a lot

He's explained his

Really, you know, you're beating a dead horse to death.


MS. MESSINA:

13

I don't have many more questions on

14

this point but I think it helps to explain the case to the

15

jurors when they hear numbers to understand exactly his

16

character.

17

THE COURT:

He has already admitted to pleading

18

guilty to a racketeering charge, a drunk charge and a

19

racketeering charge in federal court, and an attempted murder

20

as well as the second conviction with the Special Narcotics

21

Prosecutor's office involving multiple kilograms of cocaine

22

that he was actually in possession of.

23
24
25

MS. MESSINA:

I'd like to ask this last question and

I'll move on.


MR. JONES:

What is the question?

Burton H. Sulzer, OCR, CRR, CSR, CM

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 145 of 230 PageID #: 5567
3295

Francis - cross/Messina
MS. MESSINA:

1
2

What I asked him already and he said

to refresh his recollection and that will be that.


I also, Judge, while we're here, would like to go

3
4

into the prior federal case.

a right to also explore what he exactly pleaded guilty to and

what were the underlying acts of that crime.

THE COURT:

MS. MESSINA:

exactly what it was.

10

THE COURT:

The People went into it.

I have

All the underlying acts of the crime?


No.

To bring it out to show the jury

I don't see the need for it.

This issue

11

has already been brought out on direct.

I will allow you to

12

ask him minimal questions to go over it again, but I'm going

13

to stop you if I think you're going far afield and that is the

14

end of it and I'm not going to entertain any more arguments.

15

You can refresh his recollection with respect to that and that

16

is it.

Show him that one page.

17

MS. MESSINA:

Yes.

18

(Open court.)

19

(Continued next page)

20
21
22
23
24
25

Burton H. Sulzer, OCR, CRR, CSR, CM

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Francis-cross-Messina
1

CONTINUED CROSS-EXAMINATION

BY MS. MESSINA:

MS. MESSINA:

THE COURT:

3296

May I approach the witness?


Yes.

Mr. Francis, can you take a look at line 19 and below on

that page.

your recollection as to how many kilos of cocaine you picked

up from New Jersey?

Yes.

10

How many did you pick up?

11

120.

12

Mr. Francis, I was saying that you had an interest --

13

withdrawn.

Look up when you're finished.

Does that refresh

Your cooperation in this case, isn't a fact that the

14
15

motivation for your cooperation in this case is to try to get

16

less than 25 to life on that sentence?

17

18

reduction, it's based on truth, only on truth.

19

20

depending on your cooperation, different numbers of a sentence

21

would take effect; is that your understanding?

22

23

sentencing is the judge, but, of course, the personal, the

24

people that determines if I've been truthful is the special

25

narcotics.

My cooperation with the government is to get sentence

It's your understanding from the agreement you wrote that

My understanding is that the person in control of my

SS

OCR

CM

CRR

CSR

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Francis-cross-Messina

3297

The special narcotics, is it your understanding, will

be --

narcotics prosecutor as to whether they believe you told the

truth or not.

the prosecutors here who will be advising the special

THE COURT:

Is that a question?

Is that your understanding?

My understanding is to have to say the truth and I have

done that.

Who is going to tell the special narcotics prosecutors if

10

you told the truth or not?

11

12

case and they're the ones that know the truth.

13

14

withdrawn.

I believe strongly the people that are involved in the

I'm asking you a question.

Who is going to tell --

I'll quote it a different way.


Let's say the people involved in the case, who do

15
16

you mean?

17

18

of the authority of the government.

19

if it's true --

Meaning this case, you know, it was conducted with people

20

MS. MESSINA:

21

THE COURT:

22

They know to what extent

Objection.
Overruled.

When you say the authority

of the government, do you mean from the federal government?


THE WITNESS:

23

What I meant, the special narcotics

24

told me they're the ones who know if this is true or not for

25

me per se.

That, I must be truthful because they have ways to

SS

OCR

CM

CRR

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 148 of 230 PageID #: 5570
Francis-cross-Messina
1

find out if it's true or not.

THE COURT:

3298

So, I've been truthful.

As to your cooperation in regards to

this case, will the prosecutors --

prosecutors in this case will be communicating with the

prosecutors in special narcotics?

I think so.

You don't know if these prosecutors will be

communicating --

I assume.

THE COURT:

do you know whether the

I don't know --

Asked and answered.

yes.

Move on.

10

Part of getting this is you signed a contract --

11

I don't understand the question.

12

Did you sign a contract in order to try to get a better

13

plea in the case, the federal --

14

rather the narcotics case?

I don't understand the agreement, sorry.

15

THE COURT:

Did you sign a plea agreement?

16

THE WITNESS:

Yes.

17

To your understanding, does that plea agreement act like

18

a contract, where you make promises?

19

20

It's a plea agreement actually.

21

22

representation to you if you do certain things?

23

24

guidelines, according to what I was asked and how truthful

25

I've been with the questions I'm asked, meaning they have

No, it's a plea agreement.

I was told what to do after.

In that plea agreement doesn't the special narcotics make

As to what to expect if I actually --

SS

OCR

CM

CRR

more or less the

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 149 of 230 PageID #: 5571
Francis-cross-Messina

3299

presented to me what happens if I fail, what they have

actually spoken to me about which is there.

Right.

They also mentioned, have an idea what to expect but it's

only on their discretion and the discretion of the judge.

I understand.
In addition to cooperating, you need to do more to

7
8

get --

withdrawn.

Is it your understanding from this plea agreement

10

that even if you try hard to find out about different plots

11

and such, you will not get any benefit if it does not lead to

12

a prosecution?

13

MR. JONES:

Objection.

14

THE COURT:

Sustained.

15

Mr. Francis, don't you have to do more than just make a

16

good faith effort to tell the truth to get the benefit of this

17

plea agreement?

18

MR. JONES:

Objection.

19

THE COURT:

Sustained.

20

MS. MESSINA:

I would like to show Government

21

Exhibit 85, the plea and cooperation agreement to Mr. Francis

22

and the jury.

23

24

of this document.

25

Mr. Francis, I'm going to first show you the front page
What do you recognize this document to be?

This is my plea and cooperation agreement with special

SS

OCR

CM

CRR

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 150 of 230 PageID #: 5572
Francis-cross-Messina

3300

narcotics.

Has your name in the caption, correct, Steven Francis?

Correct.

I'm going to draw your attention to page six of this

agreement, paragraph 12.

last line starting with the word "the." Can you read it out

loud, please?

efforts at cooperation that do not lead to a prosecution or

I'm going to ask you to read this

"The defendant further understands that his good faith

10

seizure will not be rewarded."

11

12

if I'm wrong, you were stating here that you understand that

13

your good faith effort at cooperation will not be rewarded

14

unless it leads to prosecution or seizure.

15

sentence says?

16

That's what it says, yes.

17

You had this explained to you by your lawyer?

18

Yes, I believe so, at some point.

19

the systematics of the plea agreement, been a long time, but I

20

refresh and recollect as I read.

21

You signed it in court?

22

Yes.

23

You said earlier whether you get this plea agreement or

24

not is going to be up to the prosecution in special narcotics,

25

in part, and the judge; is that right?

According to this statement, Mr. Francis, and correct me

SS

OCR

CM

CRR

Is that what that

I was explained all

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 151 of 230 PageID #: 5573
Francis-cross-Messina
1

MR. JONES:

Objection.

THE COURT:

Sustained.

3301

Mr. Francis, isn't it a fact that in 1994 you were

arrested for a federal crime?

Yes.

That federal crime also involves drug trafficking; is

that right?

Yes.

That federal crime, weren't you involved in distributing

10

large quantities of crack around New York?

11

Yes.

12

Were there other parts besides New York you were

13

distributing crack, other towns besides New York City, other

14

towns, other states?

15

No.

16

As well in that crime, didn't you attempt to murder with

17

others a man named Little Will?

18

Yes.

19

Didn't as part of that conspiracy you carried deadly

20

weapons including revolvers and semiautomatic pistols?

21

I was the getaway car.

22

You did not carry that?

23

I did not carry that with me.

24

You were in the getaway car?

25

They were present in my presence, yes.

SS

OCR

CM

CRR

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 152 of 230 PageID #: 5574
Francis-cross-Messina

3302

When you were sentenced in that case, you were facing a

very long sentence in that case, too, weren't you?

Yes.

But you cooperated with the government, didn't you?

Yes.

In that case you got out of a very long sentence, didn't

you?

I got a sentence reduction.

What was the sentence you were facing in that case?

10

It was RICO, I believe I was facing a very long time as

11

well.

12

Life, if you know?

13

Twenty-five to life or life, yes.

14

In that case you testified against other associates of

15

yours?

16

Yes.

17

Do you know where those associates are now?

18

Not exactly.

19

them are out.

20

Some of them are probably in jail, some of

When you were sentenced on that day --

withdrawn.

It was again in that case that the judge had to

21
22

believe you were telling the truth, correct, in order to give

23

you a better sentence; is that right?

24

25

moment, yes.

I told the truth and I got a sentence reduction at that

SS

OCR

CM

CRR

CSR

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Francis-cross-Messina

3303

Who decided if you told the truth?

The prosecution.

What about the judge?

The prosecution --

Who decided what the sentence would be?

The judge.

The judge was basing the sentence, if you can tell me in

part, on what the prosecution recommended; isn't that right?

I believe so.

the judge gave me the sentence.

I'm not sure exactly how the systematics

10

works.

11

12

during your sentence in that case?

13

I spoke at length, yes.

14

During those representations, didn't you lie to the

15

judge?

16

Yes, I failed the judge and I failed God himself.

17

In fact, you said to the judge --

18

wrong --

19

trying to persuade her to give you a lower sentence, right?

20

That's not correct.

21

Did you want a lower sentence from the judge?

22

I cooperated.

23

spoke to the judge was a not a matter of getting reduction.

24

spoke to the judge on behalf of what was going on at the

25

moment, but it was not actually --

Didn't you make certain representations on the record

correct me if I'm

you were talking to the judge because you were

SS

I was awarded 5K1 letter.

OCR

CM

The reason I

it's not my call per se

CRR

CSR

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Francis-cross-Messina

3304

that the judge would have the reduction or not.

her to give you a lower sentence?

sorry for what I have done in the past at that moment.

actually said at that moment that I apologize first to God for

actually failing him and actually I said I would do my best or

I would not fail him again.

I have a flaw.

Well, didn't you think what you said might help persuade

No, I said what I said.

When I said what I said, I feel

I'm a human being.

That's all I could say.

Unfortunately

I'm very sorry if I

10

actually have made statements that later on I would be able

11

not to keep.

12

Didn't you say then you were very sorry for what you did?

13

MR. JONES:

Objection.

14

THE COURT:

Sustained.

15

During that sentence didn't you tell the judge you

16

learned crime doesn't pay?

17

I did.

18

Didn't you tell her "I hate it with my heart."

19

And I did.

20

Didn't you tell her you begged the court to have mercy

21

because you promised the court and you swore to God that you

22

will never in your life do wrong as long as you live?

23

Yes, I did say that.

24

When you got out of jail just a couple of years later,

25

you started selling drugs again?

If it's there, I did.

SS

I do now.

OCR

CM

CRR

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 155 of 230 PageID #: 5577
Francis-cross-Messina
1

3305

That's correct.

MS. MESSINA:

No further questions.

THE COURT:

afternoon break now.

conclusions about any of the evidence in this case.

that you can't talk about the cases among yourselves or with

anyone else.

that might be connected with this case.

can't use your cell phone during the break and I would say

Ladies and gentlemen, we'll take our


Remember not to form or draw any
Remember

You can't read at, look at, listen to anything


Remember that you

10

about a quarter to four or so we'll be with you again.

11

your break.

12

(Jury leaves courtroom).

13

THE COURT:

14

Mr. Francis, you will still be under

Enjoy

You may be seated.

15

cross-examination by counsel for Mr. Defreitas.

16

discuss your testimony with anyone from the government.

17

certainly can discuss scheduling, but you have to limit your

18

discussions to that.

19

fifteen minutes.

20

the system?

22

or so.

Is fifteen minutes enough for you to change

It's an easy switch.

About 15 minutes

You can step down.

23

THE WITNESS:

24

(Recess.)

25

MS. WHALEN:

SS

You

We'll break for about ten or

MR. JONES:

21

You can't

Thank you.

Two things.

OCR

CM

CRR

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 156 of 230 PageID #: 5578
Francis-cross-Messina
THE COURT:

Wait for your client.

here.

Ms. Whalen, something to put on record?

3306

The witness is not presented.

MS. WHALEN:

Your client is

The jury is not present.

Just technical.

I want to know if I'm

only going to be refreshing the witness' recollection with the

document, if it's already marked as a piece of 3500, can I

refer to it by the 3500 material number rather than putting a

sticker on it?

with our sticker.

10
11

If I'm putting it into evidence, I'll mark


In terms of refreshing his recollection, it

might be easier.
THE COURT:

I suppose that's fine.

I should

12

perhaps clarify for the record then that exhibits A through I

13

for the defense are for Defendant Kadir.

14
15

I'll mark all my exhibits, anything

MS. WHALEN:

going into evidence, I'll mark it as RDA, RDB, so on.

16

THE COURT:

17

MS. WHALEN:

That's fine.
The second issue, I'm going to briefly

18

go over some of the material that Ms. Messina covered with

19

respect to the witness' prior conviction.

20

elicit the acts, but I think there are issues of credibility

21

that she didn't go into that I think are relevant.

22

specific actions with respect to the offense but about certain

23

statements that I think --

24

credibility.

25

THE COURT:

SS

I'm not seeking to

certain issues that go to his

All right.

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MS. WHALEN:

1
2

doing that.

3
4

I know you'll shut me down if I'm not

I wanted to give everybody a heads-up.

THE COURT:

Are we ready to bring in the witness

and then the jury?

MS. WHALEN:

(Witness enters courtroom.)

THE COURT:

3307

Yes.

Ms. Messina, you have some documents at

the witness stand.


MS. MESSINA:

Thank you.

10

(Jury enters courtroom.)

11

THE COURT:

12

Do the parties agree that all our jurors are present

Everyone may be seated.

13

and properly seated?

14

MR. JONES:

15

MS. WHALEN:

16

MR. NKRUMAH:

17

THE COURT:

Yes, your Honor.


Yes, your Honor.
Yes.
This is the continuing

18

cross-examination, this time by Ms. Whalen on behalf of

19

Mr. Defreitas.

20

Mr. Francis, you're still under oath.

21

THE WITNESS:

22

THE COURT:

23

CROSS-EXAMINATION.

24

BY MS. WHALEN:

25

Yes.
You may start your cross, Ms. Whalen.

Good afternoon.

SS

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3308

Good afternoon.

Mr. Francis, you testified a few moments ago that you

pled guilty to racketeering and narcotics conspiracy in 1994;

is that correct?

Yes.

You were facing a very high sentence of, say, 25 to life

approximately?

Yes.

You received a sentence of 84 months; is that correct?

10

Yes.

11

That sentence is seven years; isn't that correct?

12

Yes.

13

We heard that you promised the court at that sentencing

14

you would never do wrong as long as you lived; is that

15

correct?

16

Yes.

17

You went to jail; is that right?

18

Yes.

19

Did you earn good time in jail?

20

I was awarded, yes, some good time, yes.

21

Good time is a reduction in sentence that inmates can

22

earn for being good in jail; is that right?

23

Yes.

24

And --

25

No, actually, there's no good time in the federal system.

SS

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3309

There's time that's actually awarded to you.

good, it's taken away if you're not, but it's not actually

like if you behave good it's awarded.

lose that actually.

state prison.

It ends up reducing your sentence somewhat?

Yes, a few weeks or months, yes.

You went to jail for the 1994 offense; is that correct?

Yes.

10

You were released in April of 2006; is that correct?

11

No --

12

You were released from federal prison or released from

13

the halfway house that you had to go to in federal prison in

14

April of 2006; is that correct?

15

It's if you don't, you

It's similar but a little different than

I'm sorry.

No, that's not correct.


MS. WHALEN:

16
17

If you behave

I would like to show the witness

what's been previously --

withdrawn.

I'm going to mark as Defense Exhibit RD-A,

18
19

Government Exhibit 3500-SF-175.

20

21

second offense in 2002; is that correct?

22

Yes.

23

You cooperated in that offense; isn't that correct?

24

Yes.

25

As part --

Mr. Francis, you testified that you were arrested for a

SS

you cooperated in the prosecution of that

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3310

offense; is that correct?

Yes.

As part of that cooperation, you testified in the grand

jury; is that correct?

Yes.

I'm calling your attention to --

what's marked page 49.

I'll show you

--

You see that in front of you?

No.
THE COURT:

Just the witness?

MS. WHALEN:

10

I think, Judge, the witness --

I can

11

show it to just the witness to refresh his recollection, but I

12

think he actually said he wasn't released then.

13

impeaching him.

I believe I'm

I'm sorry, it's brought to my attention I made a

14
15

mistake.

16

Were you released in April of 2000; is that correct?

17

Yes.

18

Sorry about that.


When you were released from jail in April, 2000, you

19
20

had been arrested in 1994, right?

21

Yes.
THE COURT:

22

So we're clear, released from federal

23

prison?

24

Released from federal prison in 1994, correct?

25

Yes.

SS

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3311

Sorry, you were arrested in 1994, correct?

I'm sorry, I got lost.

Let me back up.

in 1994, correct?

Yes.

You weren't released from jail while you were being

prosecuted for that offense; is that correct?

No, I wasn't released.

Were you in jail the full-time?

10

Yes.

11

You weren't released from that sentence until April of

12

2000; is that correct?

13

Yes.

14

That means from 1994 until 2000 you spent about six years

15

total in jail, correct?

16

Yes, more or less.

17

When you were released from jail, did you have barbering

18

skills, haircutting skills?

19

Yes.

20

Did you have a barbering certificate or license?

21

No, I had an apprentice license in the State of New York.

22

Did you earn that --

23

that license while you were in custody?

24

25

the facility, yes.

I apologize.

You were arrested for a federal offense

did you learn those skills, earn

I did not have a license.

SS

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I used to work as a barber in

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3312

At the time you were released, did you have the

apprentice license or no?

Yes, I applied for apprentice license in the year 2000.

When you were released from jail in April of 2000, you

were placed on federal supervision; isn't that correct?

Yes.

You were supposed to be on federal supervision for five

years; is that correct?

Yes.

10

You were supposed to report to a probation officer,

11

correct?

12

Yes.

13

Every month you had to file a report with that probation

14

officer; isn't that correct?

15

I used to show up, they would ask me questions, so forth.

16

Some of the questions they asked, they would ask you

17

where you were living, right?

18

Yes.

19

Asked you where you were working; isn't that correct?

20

Yes.

21

Asked you how much money you were making, correct?

22

Yes.

23

They would ask you if you had possession or used any

24

illegal drugs, correct?

25

Yes.

SS

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3313

If you failed to report truthfully to your probation

officer, that's a violation of your supervision, right?

Yes.

If you committed any new crimes when you were on

supervised release, that was also a violation of supervision,

correct?

Yes.

For a violation of supervised release, you could be sent

back to jail; isn't that right?

10

Yes.

11

In your case it could be for as long as five years; is

12

that correct?

13

Yes.

14

You said, you testified previously, that you became

15

involved in this new crime in January or February of 2001; is

16

that correct?

17

18

but yes.

19

20

to your probation officer?

21

Yes.

22

Were you reporting income from this crime to your

23

probation officer?

24

25

probation officer.

At some point in 2001.

I don't remember exactly the date

When you were involved in this crime, you still reported

No, I wasn't reporting any of the crime whatsoever to the

SS

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3314

You didn't tell the probation officer about the money you

were earning, you didn't tell the probation officer about the

fact that you were handling illegal drugs, correct?

That is correct.

Did you report to your probation officer until your

arrest in November of 2002?

Yes.

You testified I believe last Friday when Mr. Jones was

asking you questions about your prior convictions.

He asked

10

you about the five kilos of drugs that you were arrested with

11

in your backpack, correct?

12

Yes.

13

Then he also asked you about the 44 kilos of drugs that

14

were found in the apartment; is that correct?

15

Yes.

16

I believe you testified that they weren't your drugs; is

17

that correct?

18

They weren't my drugs.

19

They were drugs that were part of the conspiracy,

20

correct?

21

That is correct.

22

You drove to New Jersey to pick those drugs up, right?

23

Yes.

24

You took them back to the stash house?

25

It was other peoples as well with me.

SS

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3315

You were part of that?

Yes.

In the stash house you would remove drugs or in the

apartment, you would take drugs out to deliver them to people;

isn't that correct?

Yes, under the instructions of my bosses, yes.

But you were doing all these things in terms of handling

the drugs, picking them up, delivering them, right?

Yes.

10

When you say they're not your drugs, you say they're not

11

your drugs because you didn't pay for them; is that correct?

12

13

owned the rights to the drugs.

14

a delivery guy.

15

16

them to other people, right?

17

Yes.

18

Collecting the money for them, right?

19

Some occasions, yes.

20

You testified, or you were asked I believe by Ms. Messina

21

a how much money you were paid by the JTTF for working in this

22

case; do you remember that?

23

Yes, I was asked by her, yes.

24

You were paid a stipend, I think you said, which covered

25

your rent, food, those items?

They are not mine because there are people that actually
I was just working for them as

Your delivery was picking them up, right?

SS

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3316

Yes, they were covering my necessities, yes.

How much did you receive every month?

It would vary.

completely, no.

I can't recall right now the amount

In preparing --

withdrawn.

When did the JTTF stop paying you as an informant?

They haven't stopped as yet.

How much are you earning now?

Enough to live.

10

How much dollar-wise?

11

Right now, about over a thousand dollars, maybe less than

12

a thousand --

13

Less than $2,000.

14

Yes.

15

Is this similar to the amount that you were earning when

16

you were working on this case or is it less, is it more?

17

Probably less now than before, yes.

18

You would have been earning more when you were working on

19

this prosecution; is that correct?

20

21

only case I was doing.

22

from here to different states.

23

expenditures.

24

25

were reimbursed for.

less than $2,000.


Is that per month?

Well, I was driving around a lot more.

Let me rephrase.

SS

I was not the

I had to be driving around actually


Those are great amount of

I'm not talking about monies that you


I'm talking about the money they gave

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3317

you to live on instead of having a job.

This is exactly what I'm trying to cover.

This less than $2,000, that's the money that you're

earning to cover you instead of having a job, right?

this.

reimburse you for that expense; is that right?

10

I cannot hold a job right now.

If I'm able to hold a job I would be working right now.


If you have a specific expense, the JTTF, the FBI, they

On some occasions.

It's only on their determination, not

mine.
THE COURT:

11
12

That's why I'm getting

I'm sorry, you say did you have an

expense, you mean an expense related to an investigation?


Yes, I'm sorry.

MS. WHALEN:

13
14

Let's take, for example, I think you testified you paid

15

for the video camera used to shoot the JFK videos; is that

16

correct?

17

Yes.

18

Did you submit a report or request to be reimbursed for

19

the cost of that video camera?

20

I wasn't reimbursed for the camera.

21

Did they pay you up front for the video camera?

22

No.

23

Did you get to keep the video camera?

24

I had to surrender for evidence.

25

They never paid you for it?

SS

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3318

The camera, no.

Paid you for other things like gas?

Yes, like I said, I get a monthly allowance.

to the moving around, driving around, I would get reimbursed

for the gas at the time because I was under this one and many

other investigations.

around so I don't get no reimbursement or money for gas like I

used to.

Right now I'm not doing the driving

(Continued on next page.)

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

SS

According

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3319

EXAMINATION CONTINUES

BY MS. WHALEN:

were hundreds of recordings made in this case, isn't that

right?

but a great amount of recordings, yes.

amount of recordings that were made in this case at this

Okay.

Now, in terms of preparing for this trial, there

A great amount.

Okay.

I don't know the extent of the amount

And we haven't heard anywhere near the total

10

trial, is that correct?

11

I believe so, yes.

12

Okay.

13

all of the recordings?

14

15

what -- whatever I was asked to listen and I have listened to.

16

17

recordings and those are the recordings you have listened to,

18

is that correct?

19

Of course, yes.

20

Okay.

21

listen to, you haven't listened to any of the other

22

recordings, is that correct?

23

24

such a great amount of recordings that I have listened to and

25

I don't know the total amount and I don't know the amount that

But in preparing for this case, did you listen to

All the recordings are here and a lot of other ones

Okay.

So you have been asked to listen to certain

Other than the recordings that you were given to

I am not sure.

GR

I don't know the amount.

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3320

I actually I was given to listen.

It has been a lot of

recordings that I have listened to, yes.

not, right, because it's so many?

heard.

amount.

help -- you listened to those recordings to help prepare some

So you don't even know whether you have heard them all or

I am not sure for the amount of recordings that I have


So I apologize if actually I can't recall the whole
It's a great amount of recordings.

Okay.

In part you listened to those transcripts to

10

of the transcripts, is that correct?

11

I do not understand the question.

12

Okay.

13

transcripts, right?

14

Yes.

15

Okay.

16

with those transcripts, right?

17

Yes.

18

And the transcripts, were they perfect when you first

19

heard them or when you first read them?

20

21

many reasons, you know, to identify myself as a person that

22

was there, to make sure that the -- it's an accurate recording

23

of me and the people that were involved in this case.

24
25

In front of you you've got a binder that's full of

You have listened to the tapes that are connected

Actually, I was listening to the tapes or recordings for

As I said before, it was not the only investigation


that I was doing.

GR

So just to make sure that that's correct.

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3321

Also, to -- to read the transcript and also to understand that

if everything is more than accurate.

was you would listen to the recording and you'd read the

transcript to make sure the transcript was accurate, correct?

That's correct.

Mr. Francis, before I begin to ask you about

Mr. DeFreitas, I would like to play for you -- I would like to

take you back to the first day that you testified.

Okay.

It was Friday, a week -- more than a week ago,

10
11

correct?

12

Okay.

Friday?
THE COURT:

13
14

In terms of accuracy, one of the things you did

Thursday.

Sorry.

It was Thursday more than a week ago, right?

15
16

Thank you.

17

Okay.

18

Thursday.

I am going to have to you look at -- I'm sorry.

-- I've had technical difficulties.

19

government's computer.

20

locked out.

If I don't remember to wiggle it I get

I will try to remember to wiggle it.

Okay.

21

I have to use the

I'm sorry.

I am going to play for you and if everybody

22

could bring out their binders, we are going to look at

23

Government Exhibit 201.

24

four.

25

I am going to ask you to look at page

(Tape plays; tape stops.)

GR

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Okay.

3322

This phone call was on September 10, 2006,

correct?

Okay.

When we are talking about Dawood, this was a call to

Donald Nero, Dawood Masood, right?

Yes.

Okay.

little bit before 13:26 at the top of page four.


You see the marking in bold for the time?

9
10

Let me bring it up to --I am starting just a

Yes.
(Tape plays; tape stops.)

11
12

Okay. /OFPBLGT I believe you testified last week that

13

this question had caught you by surprise?

14

Yes, it did.

15

And you said that this wasn't something you had discussed

16

with Dawood Masood before, right?

17

That is correct.

18

And you said that he caught you by surprise with this

19

question, is that correct?

20

Yes.

21

Okay.

Now I am going to take you back to --

22

(Tape plays; tape stops.)

23

I am going to take you back to the beginning of this

24

conversation, or near the beginning of this conversation, and

25

there is no transcription of this portion of the conversation.

GR

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1

3323

But I think the clarity is good enough that we can hear it.

Okay.

(Tape plays; tape stops.)

At the beginning of this conversation you are

telling Dawood Masood what you had done that day, correct?

Yes.

That day was September 10, 2006, correct?

That is correct.

You said that you went to the mosque to give extra

10

prayers for the brothers who gave their all in the events of

11

five years ago, correct?

12

Yes.

13

And five years ago was very close to September 11, 2001,

14

isn't that correct?

15

Yes.

16

So you were saying, or this could be interpreted, as you

17

praying for the September 11th attackers, isn't that correct?

18

Yes.

19

And it could be interpreted as talking about the

20

brothers, meaning the Muslims, who conducted the

21

September 11th attack, isn't that correct?

22

If you want to interpret like that.

23

Well, so that when Dawood Masood, when Donald Nero later

24

on asks you if you would like to die as a martyr, his question

25

isn't coming completely out of the blue, is it?

GR

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It came out of the blue.

3324

I wasn't expecting it actually

from him.

September 11th and those brothers dying five years ago?

died five years ago.

back at me and tell me if want to die as a martyr.

with Dawood Masood, was it?

Even though you had brought up the issue of

I had mentioned I was making Salah for the brothers that


But I -- it was him to actually come

This wasn't the first telephone conversation that you had

10

No.

I have plenty of them, yes.

11

Before then, right?

12

Before.

13

You had plenty of conversations with Dawood Masood before

14

September 10th, is that correct?

15

That is correct.

16

Mr. Francis, I think, to make things easier, all of the

17

questions that I am going to ask you now deal with the time

18

period when you first met Mr. DeFreitas in New York City?

19

Okay.

20

And he was planning to go to Guyana but he hadn't yet

21

left.

22

Okay?
Yes.
This is before the first trip.

23
24

Before the first trip.

25

Thank you.

GR

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It's July and August of 2006.

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3325

Now, you were asked to go and look for Mr. DeFreitas in

July of 2006, is that correct?

I was questioned on June 2006.

Okay.

Mr. DeFreitas?

Yes.

Okay.

that correct?

Yes.

10

So they may have asked you to look in June but you

11

actually didn't find him until July, is that correct?

12

It's possible, yes.

13

When you first met him, he wanted you to work security

14

for a delegation from Africa; is that correct?

15

Yes.

16

Did he ever explain to you, or did you ever learn, that

17

the delegation was a dance troop that was coming?

18

Let me -- weren't you shown a photograph of

And you were asked to go out and look for him, is

No, he didn't.

He didn't mention that.

He said that he needed -- Sheik Mohammed said that

19
20

he needed some brothers to actually make sure that the

21

delegation was protected at all the time.

22

to me -- oh, he actually did.

23

the UN.

24

Okay.

25

Yes.

He didn't explain

He mentioned they were going to

This was a delegation that was going to the UN?


According to him, yes.

GR

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1

All right.

correct?

delegation was not coming through.

But he never called you back about this,

He never -- we spoke about it after.

Let me break it down.

3326

He said that the

I'm sorry.

You met him, let's say, in July of 2006, correct?

I met him sometime between June and July, yes.

Okay.

I think you were with another person.

And after -- when you met him he asked you -- and


He asked the two of you

10

if you'd be interested in working security for this

11

delegation, is that correct?

12

He asked me.

13

Okay.

14

from him, is that correct?

15

A couple of days pass, yes.

16

Okay.

17

again about this job, isn't that correct?

18

Yes.

19

And when you looked for him, he told you -- actually told

20

you there was going to be a meeting about the delegation and

21

the security, isn't that correct?

22

23

saw him after.

24

call me the next day and he didn't and I became concerned

25

because he told me specifically the time and date and I came

I don't know if he asked the other brother.

After he asked you this question, you didn't hear

In fact, you went back to look for him to ask him

I am not sure at this point if that was exactly when I

GR

The questioning was he told me he was going to

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CRR

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 177 of 230 PageID #: 5599
Francis - cross - Whalen

3327

back to see if he was okay and he was okay.

said oh, there is going to be a meeting tonight concerning

this security work, isn't that correct?

Okay.

But when you came to see him the second time, he

I am not sure.

I can't recall right now.

If you can show me something to recollect my memory.

I will show you what's been marked as Government Exhibit

3500 SF-3.

This would be the witness only.


Can you see it?

9
10

Yes.

11

I am going to ask you to look at the first, second,

12

third, fourth and fifth, if you could -- you can read the

13

whole document but I think the fourth and the fifth paragraphs

14

will be the most helpful.

15

Thank you.

16

(Pause.)

17

Yes, I recollect that.

It's accurate.

18

He set up a meeting and then he never showed up, is that

19

correct?

20

Yes.

21

But eventually you called him again or you ran into him

22

again, isn't that right?

23

Either I called or I ran -- ran into each other, yes.

24

He told you that he was planning a trip back to Guyana,

25

isn't that correct?

GR

OCR

CM

CRR

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 178 of 230 PageID #: 5600
Francis - cross - Whalen
1

I am not sure.

told me that.

was going to go back to Guyana?

3328

I mean, the second or third meeting he

But at some point in the relationship you learned that he

Of course.

He was always speaking about Guyana and how

beautiful the country is and great natural resources and that

he also has great Islamic program and that he encouraged every

brother to go to Guyana at that point.

10

11

materials and supplies to send back to Guyana, isn't that

12

correct?

13

That is correct.

14

And you offered to help him do that, isn't that correct?

15

Yes.

16

And so some days you would drive him -- I think he talks

17

about picking up barrels, is that correct?

18

Oh, yes.

19

These were barrels for shipping goods?

20

That is correct.

21

So he would look for barrels and you would give him a

22

lift so that he could find those barrels, right?

23

24
25

Okay.

He also told you that he was trying to pick up

Yes.
I was asked if I was able to actually help him with

some of the stuff that he was picking up as well as the

GR

OCR

CM

CRR

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 179 of 230 PageID #: 5601
Francis - cross - Whalen

3329

barrels, like you say, and many other things as well.

He was picking up, I think, computers at one point?

Yes.

He was also picking up items like -- he was interested in

picking up items like Shea butter and the perfume oils?

Yes.
Actually, he was interested -- those are computer

7
8

parts that he was looking for.

a -- an Internet business in Guyana and he needed to fix a

10

computer or few computers.

11

12

an Internet business.

According to him, he owned

I remember, yes.

When you got to Guyana though you learned he didn't have


It hadn't been set up.

Isn't that correct?

13
14

He never spoke again about Internet business when we got

15

there.

16

Right.

17

He said there were some problems with it.

18

recall him saying that was never established.

19

that -- that it was established and that he needed some parts

20

for the business.

21

22

New York, correct?

23

Yes.

24

When you got to Guyana, you never saw any evidence of

25

that business, isn't that correct?

But I don't
He did say

When he said it was established he was talking to you in

GR

OCR

CM

CRR

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 180 of 230 PageID #: 5602
Francis - cross - Whalen

3330

I never saw it or he never spoke to me about it again.

Okay.

Shea butter and the perfume oils, is that correct?

I believe so, yes.

And you --

Actually, he was looking for many goods, not only that,

as many goods as he could actually send back to Guyana,

including food and many other -- many other items as well.

You also -- as I said, he was also looking for

On the days that you didn't drive him, I think there was

10

at least one occasion where you went with him on the subway to

11

help him price out Shea butter and perfume oils, those kinds

12

of things?

13

14

that -- some of the Muslim brothers in -- in Atlantic Avenue

15

and I knew a supplier that actually sells all kinds of Islamic

16

items in Manhattan.

17

benefit from the suppliers that actually would sell to him at

18

wholesale.

19

20

going into business?

21

22

mentioning how profitable Guyana was and that I should look

23

into it and again, he gave me -- he gave my also video from

24

Guyana to watch, take a look at and he also showed me at that

25

point some -- some Guyanese magazine or something.

He wanted me to introduce him to some of the suppliers

So I took him there so he could actually

Was he also talking to you about perhaps the two of you

I don't -- I don't know if at that point he was actually

GR

OCR

CM

CRR

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 181 of 230 PageID #: 5603
Francis - cross - Whalen
Okay.

3331

While you were -- at some point during these

drives or on the subway, Mr. DeFreitas tells you that he has a

mission, is that right?

spoke to me that very hot day that we had been packing most of

the goods that actually he was sending out.

some point that he had spoken to someone about me.

point he tell you that he had a mission?

It was not on the subway that I recall.

I recall that he

He mentioned at

Before that, before the talking about you, didn't at some

Before he mentioned anybody else or Guyana being

10
11

involved in the mission, he told you he had a mission, isn't

12

that right?

13

14

when exactly.

15

mission or the other stuff that was going on talking about.

16

But he did mention several things as well, yes.

17

18

you.

Like I said, if you can refresh my memory I can tell you

Okay.

I cannot recall exactly when he mentioned the

Just sort of -- I don't have specific dates for

At some point he talks about the mission, is that

19
20

correct?

21

That is correct.

22

And at some point he talks about other people in Guyana

23

being involved, isn't that correct?

24

Involved in what?

25

In this mission.

GR

OCR

CM

CRR

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 182 of 230 PageID #: 5604
Francis - cross - Whalen
1

Which means?

Well, that's what I am asking you.

He told you he was -- he told you he had a mission,

right?

Yes.

6
7

And the mission is the JFK plot.


Q

Let's back up a little bit.


At the very beginning, he didn't just blurt out this

8
9

3332

whole mission.

He told you he had a mission.

10

Isn't that correct?

11

He didn't give you a lot of detail?

12

13

exactly he told me about the word mission, we can be talking

14

about the same day that we having the conversation about me

15

being backgrounded, me being send by Allah for this mission,

16

and the -- and the matter of the mission.

17

cannot recollect my thoughts, then I know nor a fact that on

18

the same particular day he mentions I was backgrounded by a

19

person that we both know, which is Doctor Ali.

20

mentions that he -- his mission was greater than the World

21

Trade.

22

mentions the mission to me.

23

Like I explained before, because I cannot recollect when

So because he

He also

He also mentioned that I was sent by Allah and he

So all that happened in one day.

I just like to

24

know if I can recollect again if he mentioned any other day so

25

I can be of help to you.

GR

OCR

CM

CRR

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 183 of 230 PageID #: 5605
Francis - cross - Whalen
Okay.

3333

It is your testimony that all of those

conversations happened in the same day?

yes.

It was over a period of time on the same day?

No.

We spoke about them, different matters, on trip in truck,

Actually, it was a conversation that he had.

were packing and you spoke about it in the truck?

10

Okay.

You are saying that you spoke about it when you

No.

11

I said after very hot day of me helping him packing

12

goods, I remember we took a drive in the truck and he

13

mentioned to me of this mission, which was greater than the

14

World Trade.

15

he had done some background check with Doctor Ali, saying that

16

he could not have picked any better brother and that I was

17

sent by Allah and so forth.

18

I remember him mentioning the -- the fact that

Again, if you want me to break it down, I will plead

19

to you to show me some documentation or anything that can

20

refresh my memory so I can be of better help to you.

21

22

No.

Your memory is good.


What I am asking you though is when he first talked

23

about this, he told you it was a mission and it was bigger

24

than the World Trade Center but he didn't say it involved the

25

JFK Airport, is that correct?

GR

OCR

CM

CRR

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 184 of 230 PageID #: 5606
Francis - cross - Whalen

3334

He did mention at some point, yes.

At some point?

Yes.

At some point but not initially, isn't that correct?

In the conversation he mentioned -- he mentioned the fact

that it was high tech thing, where it involves some people

bringing planes into United States without being detected.

the United States without being detected.

Okay.

He told you that it involved bringing planes into

10

He didn't tell you that it involved blowing up JFK.

11

Correct?

12

As I mentioned before, I cannot recollect exactly where

13

everything was breaking down.

14

actually better assist you.

15

16

what's been previously marked as Government Exhibit

17

3500 SF-10.

18

the first page and then when you are finished I will turn it

19

over to read another paragraph.

20

If you can help me, I can

Actually, let -- I am going to show the witness only

I would ask you to look at the last paragraph on

Thank you.

21

(Pause.)

22

(Continued on next page.)

23
24
25

GR

OCR

CM

CRR

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 185 of 230 PageID #: 5607
3335

Francis - cross/Whalen
1

I have finished the first page.


(Pause.)

2
3

The first three paragraphs on this next page.

All right.

Does that refresh your recollection as to whether he told

you that?

Yes.

And he didn't mention that the plot or the mission

involved blowing up JFK?


Actually, the mission did involve somewhat the

10

11

conversation of JFK as I recollect.

12

saying the people was ready to land the plane in the JFK

13

without being detected.

And actually he was

He did mention also that it was a very high-tech

14
15

attack and it wouldn't be a suicide attack.

16

actually mentioned.

17

18

Napoli, correct?

19

Yes.

20

And every day or every so often as soon as you had -- as

21

soon as something happened, you would report to Mr. Napoli and

22

tell him what happened; isn't that correct?

23

Yes.

24

And you would tell him to the best of your memory what

25

happened; isn't that correct?

Okay.

So that's what he

Again, at this time you were reporting to Louie

Burton H. Sulzer, OCR, CRR, CSR, CM

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 186 of 230 PageID #: 5608

Francis - cross/Whalen

3336

Yes, like I did now.

You tried to be as accurate as possible, isn't that

correct?

Yes.

Now, when you were still in New York, when both you and

Mr. DeFreitas were still in New York in July and August of

2006, that was when he introduced you over the telephone to

Dawood Massood, isn't that correct?

Yes.

10

And he also introduced you to Ponytail, also called Long

11

Hair, is that correct?

12

Yes.

13

And the same way that Mr. DeFreitas had been talking of

14

Guyana, they wanted you to come to Guyana as well, isn't that

15

correct?

16

Yes, they wanted me to come down, yes.

17

And partly, it was because your understanding at that

18

time was that they were involved in the mission, isn't that

19

correct?

20

They were involved in the JFK plot, yes.

21

Well, they were involved in the mission at this point,

22

correct?

23

MR. MILLER:

Objection.

24

THE COURT:

25

Were they involved in the mission that was initially

I will allow it.

Burton H. Sulzer, OCR, CRR, CSR, CM

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 187 of 230 PageID #: 5609

Francis - cross/Whalen
1

3337

described to you by Mr. DeFreitas?


THE WITNESS:

Yes.

But they also wanted you to come to Guyana to celebrate

Ramadan with them, isn't that correct?

Yes.

And Ramadan is, correct me if I'm wrong, but it's the

biggest, if not one of the biggest holidays in the Muslim

calendar, isn't that correct?

Yes.

10

And they wanted you to come down and celebrate it with

11

them, isn't that correct?

12

13

excuse for me to fly to Guyana.

14

Ramadan lasts for about an a month, isn't that correct?

15

Yes.

16

And you weren't going to be there -- let me rephrase

17

that.

18

19

spoke to Sheik Mohammed that I should not be there for the

20

whole month but towards the end of the month.

21

22

September and October of 2006?

23

Yes.

24

Once Mr. DeFreitas introduced you over the telephone to

25

Dawood, you and he talked a number of times on your own

Yes, they were using that as a means of flying, as an

Were you there for the whole Ramadan season?


I was asked by Sheik Dawood Massood, as well as -- they

And at this point Ramadan that year would have been in

Burton H. Sulzer, OCR, CRR, CSR, CM

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 188 of 230 PageID #: 5610

Francis - cross/Whalen

3338

without Mr. DeFreitas, isn't that correct?

Dawood on the regular basis.

favors initially, isn't that correct?

Yes.

And Dawood told you that his wife was living in New York

City and wanted your wife to speak to his wife, isn't that

correct?

Yes, it was instructions of Sheik Mohammed that I call


The more I call him the better.

And when you called him, Dawood asked you for a number of

Like all of them did, yes.

10

Yes.

11

And at one point he asked you to bring his wife to Guyana

12

for Ramadan, isn't that correct?

13

14

but I do remember.

15

16

as 3500 SF 15.

17

important, so if you could read that, please.

I remember somewhat.

I don't remember the facts about,

Let me just -- I'm going to show you what has been marked
I think second paragraph is probably the most

(Pause.)

18
19

Yes.

20

Does that refresh your memory as to whether Dawood asked

21

to you bring his wife to Guyana for Ramadan?

22

23

not only to bring her to Guyana, but actually help her with

24

the passport and other things.

25

difficult to reach and as I actually tried to help her --

He asked me to communicate with her and actually do --

But his wife was very

Burton H. Sulzer, OCR, CRR, CSR, CM

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 189 of 230 PageID #: 5611
3339

Francis - cross/Whalen
We don't need an explanation.

the questions that I've asked.

Just if you could answer

So he asked you to bring her down to Guyana for

3
4

Ramadan, correct, Dawood Massood asked to you bring his wife

to Guyana for Ramadan?

He asked me that, yes.

He also asked you, Dawood Massood asked to you help his

wife get a passport; is that correct?

Yes, to help her with the matter of the passport, yes.

10

And you ended up not helping her with either of those

11

things; is that correct?

12

13

her and she always claimed she was busy.

14

could actually following the instructions that Dawood asked

15

me, but I wasn't successful on it.

16

17

isn't that correct?

18

On some occasions.

19

While you were still in New York and Mr. DeFreitas was

20

still in New York; correct?

21

22

can recollect my memory.

23

24

Exhibit 3500 SF 12.

25

help refresh your recollection about that.

It was impossible -- almost impossible for me to reach to


I did everything I

Now, you also spoke to Ponytail on a number of occasions,

I don't know how many.

I'm not sure if Sheik Mohammed was here or not.

If you

I show you what has been marked as Government


I think probably paragraphs 2 and 3 would

Burton H. Sulzer, OCR, CRR, CSR, CM

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 190 of 230 PageID #: 5612
3340

Francis - cross/Whalen
(Pause.)

Sheik Mohammed was still in New York City when he tried

to put you in touch with Ponytail, isn't that correct?

Yes.

And he actually was trying to put you in touch with

Ponytail through Dawood Massood, correct?

Yes.

And eventually you were speaking to Ponytail -- the thing

where you were speaking to Dawood, you were calling him,

10

talking to him, or he was calling you, isn't that correct?

11

12

with Ponytail.

13

touch with him before Sheik Mohammed was gone or was here.

14

15

to show you is 3500 SF 17.

16

paragraph that will give you a date for when Mr. DeFreitas

17

left New York.

18

Yes.

19

So you're anchored on that date.

20

you what has been marked as Government Exhibit 3500 SF 14.

Here it says that I wasn't successful getting in touch


So it doesn't show me if actually I got in

Just to put this in context.

The first thing I'm going

I think if you look at the second

Then I'm going to show

I think probably the most relevant paragraph is the

21
22

one at the bottom of the page.

23

24

date on the paper you took off first?

25

The date on the paper you have says 8/10.

What is the

I'm sorry.

This one -- can you see it?

Burton H. Sulzer, OCR, CRR, CSR, CM

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 191 of 230 PageID #: 5613
3341

Francis - cross/Whalen
1

Thank you.

I'm sorry.

Let me show you this one.

think it's 8/10.

No problem.

Look at the last paragraph.

If you can look at it, I don't

Thank you.

(Pause.)

6
7

Yes, I read it.

So you spoke to Ponytail when Mr. DeFreitas was still in

New York City; is that correct?

10

Yes.

11

Okay.

12

of with your conversations with Ponytail, did he tell you that

13

Mr. DeFreitas wasn't going to have all the details until Mr.

14

DeFreitas came to Guyana?

In some of your conversations or at least in one

15

MR. JONES:

Objection.

16

THE COURT:

Would you read the question.

17

(Record read.)

18

THE COURT:

I will allow it.

You can answer the

19

question.

20

I'm not sure if I had the conversation before.

21

Okay.

22

I'm showing here that I discussed with --

23

THE COURT:

You can't read what is in the document

24

because the document is not in evidence.

25

refresh your memory.

It's just used to

Burton H. Sulzer, OCR, CRR, CSR, CM

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 192 of 230 PageID #: 5614

Francis - cross/Whalen
Actually, if you look at the second page of this

document, which I'm showing you now, the top paragraph.

Yes.

MR. JONES:

May we approach, your Honor?

THE COURT:

Yes.

(Continued next page.)

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

Burton H. Sulzer, OCR, CRR, CSR, CM

3342

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 193 of 230 PageID #: 5615
3343

Francis - cross/Whalen
1

(Sidebar.)

MR. JONES:

Your Honor, I believe we are now in two

levels of hearsay.

DeFreitas said to this defendant is admissible.

I don't understand what Ponytail said to

MS. WHALEN:

I can break it down.

I can break it

down to say at some point did you ask Mr. DeFreitas for

details about the plot?

will say but did Mr. DeFreitas tell you he didn't know about

the details?

Then I believe he'll say yes.

I hope he'll say yes.

Then I

Then I can say, did

10

Ponytail tell you --

11

MR. JONES:

What Ponytail told him isn't admissible.

12

THE COURT:

Now I'm a little bit confused.

13

was part of the plot?

14

MS. WHALEN:

15

Ponytail

Ponytail was a government informant at

least in Guyana.

16

MR. MILLER:

17

not part of the plot.

18

we have here is, as far as I can understand the question, the

19

request is for Mr. Francis to testify to what Ponytail told

20

him that DeFreitias told Ponytail.

21

He was providing information -- he was


He was informing on the plot.

So what

We haven't been objecting to too many statements of

22

Mr. DeFreitas because we asked about a lot of statements of

23

Mr. DeFreitas, so it seemed fair for Miss Whalen to be able to

24

explore Mr. DeFreitas's statement to Mr. Francis.

25

Now we're into what Ponytail said about what

Burton H. Sulzer, OCR, CRR, CSR, CM

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 194 of 230 PageID #: 5616
3344

Francis - cross/Whalen
1

DeFreitas said to him and we have created a two-headed monster

of hearsay, which doesn't seem admissible in any way.


THE COURT:

3
4

Was Francis aware that he was an

informant?

MR. MILLER:

No.

We didn't introduce the statements of Ponytail

because even if the government had introduced statements of

Ponytail or tried to, we wouldn't have been able to because

they were not coconspirator statements so we stayed away from

10

introducing statements of Ponytail because they are

11

inadmissible when anybody offers them, from our point of view,

12

because they are not coconspirator statements; from

13

defendants' point of view because they are hearsay,

14

particularly when he's talking now about his own information

15

but information which supposedly Mr. DeFreitas might have told

16

him.

17

I would note also that the report, which is a third

18

level of hearsay, it's a report about what Francis said that

19

Ponytail said to DeFreitas.

20

MS. WHALEN:

With respect to Mr. DeFreitas, it is

21

not hearsay because it's his state of mind.

22

that Ponytail was an informant.

23

information that he didn't have, the details of what was going

24

to happen and he wasn't supposed to learn the details until he

25

went to Guyana.

He didn't know

He was waiting for

Burton H. Sulzer, OCR, CRR, CSR, CM

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 195 of 230 PageID #: 5617
3345

Francis - cross/Whalen
THE COURT:

I certainly think you can go into what

DeFreitas said to Mr. Francis about what he knew or didn't

know and whether DeFreitas told him that he was going to learn

more when he got to Guyana.

Ponytail issue which is a little bit complicated.


MS. WHALEN:

6
7

THE COURT:

MR. MILLER:

13

I'm about to finish

Do you want to start early tomorrow?


We talked about starting early tomorrow

because it's a short day.


THE COURT:

11
12

It is 5 o'clock.

with New York City and then move on to another trip.

10

This way you'll avoid the

Yes.

I will talk to them about

tomorrow.
(Continued next page.)

14
15
16
17
18
19
20
21
22
23
24
25

Burton H. Sulzer, OCR, CRR, CSR, CM

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 196 of 230 PageID #: 5618

Francis - cross/Whalen
1

(Open court.)

THE COURT:

3346

Miss Whalen, can you rephrase the

question, please.
MS. WHALEN:

I will, your Honor.

Let me take you -- at some point you spoke to?

Mr. DeFreitas about the details of the plan, or you asked Mr.

DeFreitas for details about the plan, isn't that correct?

to be high-tech matter and that the reason of my going to

I remember Sheik Mohammed explain to me that it was going

10

Guyana was actually because for them to know me and to

11

understand better the position of the -- what do they mean by

12

high-tech.

13

14

him you wanted to know the specifics of the plan so that you

15

could prepare yourself physically and mentally and wanted to

16

also let your family know how long you were going to be gone

17

and make preparations for them, isn't that correct?

18

Yes.

19

And at that point Mr. DeFreitas said, you know, I need to

20

know the date; isn't that correct?

21

No.

22

Let me show you what has been marked Government

23

Exhibit 3500 SF 17. The last paragraph is probably the most

24

relevant.

25

So you had a conversation with Mr. DeFreitas and you told

I don't recall that.

(Pause.)

Burton H. Sulzer, OCR, CRR, CSR, CM

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 197 of 230 PageID #: 5619
3347

Francis - cross/Whalen
He didn't mean like that.

Actually what he said was that

he needed to understand what was the high-tech of the plot.

That's what he was discussed.

details of the plot; is that correct?

He did not understand what they meant by high-tech.

This conversation took place as you were driving

Mr. DeFreitas to the airport, where you were telling him you

needed the specifics and he was telling you he needed the

So at this point Mr. DeFreitas didn't have all the

10

details; is that correct?

11

You want me to read it?

12

Look at the second paragraph just to see if that

13

refreshes your recollection.

14

the document.

I don't want to you read from

(Pause.)

15
16

All right.

17

I'm just asking you, reading that, did you -- or not even

18

reading that, let me flat out ask you:

19

Mr. DeFreitas, you had it as you were driving him to JFK

20

Airport to go to Guyana, isn't that correct?

21

22
23

This is what I just read.

This conversation with

Yes.
MS. WHALEN:

No further questions at this point,

your Honor, for the evening.

24

THE COURT:

All right.

25

We're going to continue with the cross-examination

Burton H. Sulzer, OCR, CRR, CSR, CM

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 198 of 230 PageID #: 5620
3348

Francis - cross/Whalen
1

of this witness tomorrow, but let me just talk to you a little

bit about our scheduling because for the next two days it's

going to be a little bit different.


We have to accommodate one of your fellow jurors

4
5

with an appointment for tomorrow so we're going to be starting

at 9 o'clock.

We will be ending the day early at 2:30.

So we can move the case along, we're not going to

7
8

have a break for lunch.

So what you will do is, we'll have a

little bit longer, maybe half an hour morning break, so I

10

suggest, one, have a nice big breakfast before you come in

11

and, secondly, bring something to snack on, nuts or food, or

12

if you want to bring a sandwich or something, we have a

13

refrigerator in there for you.

14

about half an hour so that we can finish early.

We're only going to break for

I don't recall if anybody has dietary needs or

15
16

whatever, but make sure, especially if you do, make sure to

17

bring something to snack on and we're going to end at 2:30

18

tomorrow.

19

end at 2:30.

20

Tomorrow you come in at 9 o'clock.

We're going to

That is for tomorrow, Tuesday.

On Wednesday, which is the 14th, I have some other

21

matters that I need to attend to that I was unable to

22

reschedule.

23

(Continued next page)

24
25

Burton H. Sulzer, OCR, CRR, CSR, CM

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 199 of 230 PageID #: 5621
3349
THE COURT:

(Continuing)

come in on Wednesday --

leave at 2:30.

I'm going to ask you to

tomorrow you come in at 9:00 o'clock,

Wednesday we're going to ask you to come in at 1:30

in the afternoon.

little bit later, make sure you have your lunch.

go through, have our mid-afternoon break, but we'll probably

work until about 5:30 or 6:00 o'clock on Wednesday, but we are

going to start in later.

Then we'll

I'll remind you tomorrow anyway about our Wednesday

10
11

You have your lunch in advance, sleep a

schedule before we break.


For now, for tomorrow, remember we're starting at

12
13

9:00 o'clock.

Bring something to snack on, to munch on.

14

give you a little longer break in the morning.

15

break at 2:30.

I'll

Then we'll

16

Remember you already know by now, don't form or draw

17

any conclusions from what you heard or have seen in this case.
Don't talk to anybody about this case, either among

18
19

yourselves or with anyone else, not family members, coworkers,

20

friends.

21

media or do any kind of research about anything that's

22

connected to this case at all.

23

You can't read, look at, listen to over any kind of

We will see you tomorrow at 9:00 o'clock.

24

starting earlier.

25

can go home and sleep after.

SS

Go to bed early, get your rest.

OCR

CM

CRR

CSR

We're
Then you

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 200 of 230 PageID #: 5622
3350
1

Safe home.

(Jury leaves courtroom.)

THE COURT:

The jury is no longer present.

Mr. Francis, you're still under cross-examination by

You can all have a seat, please.

Ms. Whalen.

your testimony with the government or anyone from the

government team.

that you can discuss, just not the substance of your

10

Once again, I remind you that you can't discuss

Of course, if it comes down to scheduling,

testimony.

11

THE WITNESS:

12

THE COURT:

13

Yes.
Please step down.

We'll need you at

9:30.

14

THE WITNESS:

15

THE COURT:

16

THE WITNESS:

17

THE COURT:

18

(Witness leaves courtroom.)

19

THE COURT:

20

How are you moving along with regard to the

21
22

Thank you.

Did you say 9:30?

I meant 9:00 o'clock.

I'm sorry.

In the morning?
Yes.

I hope I didn't confuse anybody.

Trinidadian witnesses?
MR. MILLER:

I believe we've reached an agreement

23

with the defense that will obviate the need, I believe, to

24

call three of our witnesses.

25

ensure the stipulation does cover what we need to elicit from

SS

OCR

I want to go back to the office,

CM

CRR

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 201 of 230 PageID #: 5623
3351
1

them.

I think it does.

scheduling issue.

3
4

THE COURT:

MR. MILLER:

That's correct.

There's one witness

that we still need to call.

THE COURT:

MR. MILLER:

Those were the ones you were concerned

about getting on and off the stand?

5
6

That should take care of that

Given the pace --

Levitt?
Also Calvin Bennett from Trinidad.

I don't know, maybe Ms. Whalen can predict

10

when she might finish, at least give us a ballpark figure.

11

sense is Mr. Bennett could come soon after.


THE COURT:

12
13
14

recross.

We still have to do some redirect and

Ms. Whalen just got started this afternoon.


MS. WHALEN:

I can't see me going past tomorrow.

15

don't know if I'll finish with enough time to get anything

16

else substantively done.

17

tonight and try to streamline it a bit more.

18
19

My

THE COURT:

I'm doing my best.

I will go home

I don't mean to hamper you at all, just

trying to get an idea.

20

MS. WHALEN:

Sure.

21

MR. MILLER:

My sense as long as Mr. Bennett -- we

22

could call him Wednesday.

23

be able, if it seems to go on much longer, perhaps we need to

24

break before redirect but I have a sense we may be in a

25

position, given the other witnesses may not be called, we

SS

OCR

That should be fine.

CM

CRR

CSR

We ought to

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 202 of 230 PageID #: 5624
3352
1

could proceed according to the regular schedule.

the court up to date.

We'll keep

THE COURT:

That sounds fine.

I'll see everybody at 9:00 o'clock tomorrow.

(Whereupon this matter concluded for this date.)

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

SS

OCR

CM

CRR

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 203 of 230 PageID #: 5625
3353
I N D E X

1
2
3

W I T N E S S:

4
5

S T E V E N

CROSS EXAMINATION

3165

CROSS-EXAMINATION CONTINUED.

3188

BY MS. MESSINA:

CONTINUED CROSS-EXAMINATION

F R A N C I S

10

BY MS. MESSINA

11

CONTINUED CROSS-EXAMINATION

12

BY MS. MESSINA

13

CROSS-EXAMINATION

14

BY MS. WHALEN

3165

3220

3296

3307

15
16
17
18

E X H I B I T S:

19
20

3198

21

3241

22
23
24
25

GR

OCR

CM

CRR

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 204 of 230 PageID #: 5626
1
$
$2,000 [3] - 3316:12, 3316:13, 3317:3
$200 [1] - 3276:22
$250 [1] - 3276:22
$450 [1] - 3276:21
$56,000 [1] - 3289:15

/
/OFPBLGT [1] - 3322:12

0
07 [1] - 3152:14
07-543 [1] - 3151:4

1
10 [2] - 3322:1, 3323:7
100 [4] - 3158:18, 3170:12, 3289:21,
3293:23
10th [1] - 3324:14
11 [1] - 3323:13
11:45 [1] - 3218:24
11th [3] - 3323:17, 3323:21, 3324:4
12 [3] - 3151:9, 3300:5, 3339:24
120 [6] - 3190:24, 3290:4, 3292:15,
3292:21, 3292:24, 3296:11
13:26 [1] - 3322:8
14 [2] - 3262:15, 3340:20
14th [1] - 3348:20
15 [4] - 3226:18, 3227:21, 3305:21,
3338:16
151-20 [1] - 3229:10
16th [1] - 3255:10
17 [2] - 3340:15, 3346:23
175 [1] - 3291:1
18th [1] - 3206:14
19 [3] - 3264:10, 3292:18, 3296:5
1994 [8] - 3301:3, 3308:3, 3309:8,
3310:20, 3310:24, 3311:1, 3311:4,
3311:14
19th [3] - 3255:4, 3264:11, 3265:22
1:30 [1] - 3349:4

2
2 [1] - 3339:24
20 [1] - 3221:13
2000 [6] - 3310:16, 3310:19, 3311:12,
3311:14, 3312:3, 3312:4
2001 [5] - 3288:8, 3313:15, 3313:17,
3323:13
2002 [4] - 3287:11, 3288:9, 3309:21,
3314:6

GR

2005 [1] - 3224:21


2006 [10] - 3309:10, 3309:14, 3322:1,
3323:7, 3324:24, 3325:2, 3325:3,
3326:6, 3336:7, 3337:22
2007 [7] - 3199:23, 3229:4, 3246:13,
3261:9, 3264:10, 3265:21, 3265:22
201 [1] - 3321:23
2010 [1] - 3151:9
214 [2] - 3178:13, 3178:15
216 [5] - 3184:19, 3185:5, 3190:24,
3199:6, 3199:8
217 [2] - 3211:17, 3215:14
22 [1] - 3221:13
223 [8] - 3154:11, 3155:16, 3155:22,
3155:24, 3161:18, 3262:14
223-T [2] - 3220:6, 3226:6
225 [2] - 3152:1, 3279:9
23rd [2] - 3254:20, 3254:23
25 [5] - 3287:8, 3294:9, 3294:10,
3296:16, 3308:6
25-inch [1] - 3167:4
26th [1] - 3255:2
271 [1] - 3151:19
29 [1] - 3292:18
2:00 [2] - 3251:11, 3251:15
2:30 [5] - 3348:6, 3348:17, 3348:19,
3349:3, 3349:15
2nd [2] - 3251:20, 3251:24

41 [4] - 3161:17, 3223:2, 3223:6,


3223:16
42 [3] - 3221:11, 3223:13, 3223:15
43 [2] - 3226:24, 3227:19
44 [1] - 3314:13
49 [1] - 3310:7
4th [1] - 3252:3

5
5 [1] - 3345:6
50 [2] - 3159:4
52 [2] - 3155:17, 3220:8
543 [1] - 3152:14
5:30 [1] - 3349:8
5K1 [1] - 3303:22
5th [1] - 3252:3

6
608 [2] - 3293:15, 3293:19
61 [2] - 3198:20, 3199:16
613-2538 [1] - 3152:2
62 [1] - 3207:3
6:00 [1] - 3349:8
6th [1] - 3252:3

3
3 [1] - 3339:24
30 [2] - 3290:24, 3291:1
302 [1] - 3161:6
302s [2] - 3219:18, 3219:20
31 [1] - 3162:10
3165 [2] - 3353:5, 3353:6
3188 [1] - 3353:7
3198 [1] - 3353:20
3220 [1] - 3353:9
3241 [1] - 3353:21
3296 [1] - 3353:11
3307 [1] - 3353:14
342 [2] - 3155:1, 3159:2
3500 [14] - 3201:16, 3219:21, 3222:10,
3290:25, 3291:1, 3306:6, 3306:7,
3327:8, 3334:17, 3338:16, 3339:24,
3340:15, 3340:20, 3346:23
3500-SF-132 [1] - 3231:13
3500-SF-175 [1] - 3309:19
3656 [1] - 3287:20
375315 [1] - 3224:21
3rd [1] - 3252:3

4
40 [5] - 3155:4, 3155:6, 3155:21,
3156:2, 3220:8

OCR

CM

CRR

7 [1] - 3199:23
70 [1] - 3292:24
71 [3] - 3292:6, 3292:8, 3293:23
718 [1] - 3152:2
7th [3] - 3184:9, 3184:13, 3199:18

8
8/10 [2] - 3340:23, 3341:3
80 [1] - 3159:4
80-page [3] - 3158:24, 3159:3,
3159:18
803(3 [4] - 3224:4, 3224:16, 3224:22,
3225:1
84 [2] - 3293:23, 3308:9
85 [1] - 3299:21

9
9 [5] - 3199:17, 3199:23, 3224:21,
3348:6, 3348:18
9/11 [1] - 3161:19
9:00 [5] - 3349:2, 3349:13, 3349:23,
3350:15, 3352:4
9:15 [1] - 3199:10
9:30 [2] - 3350:13, 3350:14
9:40 [1] - 3151:10

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 205 of 230 PageID #: 5627
2
9:51 [1] - 3199:11

A
a.m [3] - 3151:10, 3199:10, 3199:11
A1 [2] - 3289:11, 3293:10
abandon [1] - 3247:9
abandoned [1] - 3225:14
Abdel [17] - 3167:10, 3211:25, 3212:2,
3212:3, 3212:5, 3261:5, 3269:20,
3274:13, 3274:16, 3275:7, 3276:4,
3276:19, 3276:23, 3277:6, 3282:4,
3283:17
Abdu [1] - 3212:23
ABDUL [1] - 3151:8
Abdul [33] - 3153:3, 3178:7, 3204:21,
3204:23, 3205:17, 3205:19, 3205:21,
3206:15, 3206:22, 3207:1, 3208:4,
3212:1, 3212:4, 3212:13, 3212:14,
3212:15, 3212:16, 3212:18, 3212:20,
3231:23, 3239:7, 3243:22, 3244:1,
3244:17, 3268:11, 3272:6, 3283:24,
3285:5
abhorrent [2] - 3282:12, 3282:23
ability [2] - 3233:2, 3246:10
able [18] - 3160:15, 3170:18, 3181:2,
3183:16, 3208:10, 3233:22, 3233:25,
3234:3, 3236:15, 3252:25, 3269:18,
3281:19, 3304:10, 3317:6, 3328:24,
3343:23, 3344:8, 3351:23
abroad [1] - 3282:11
absence [2] - 3152:10, 3257:2
absolutely [3] - 3163:13, 3226:17,
3247:21
Abu [30] - 3212:10, 3212:16, 3213:6,
3216:9, 3216:14, 3218:10, 3221:21,
3243:19, 3243:25, 3244:14, 3244:25,
3274:6, 3275:3, 3275:8, 3275:11,
3275:15, 3277:5, 3278:20, 3278:24,
3279:2, 3279:23, 3280:6, 3280:17,
3281:6, 3281:18, 3281:19, 3281:24,
3282:5, 3282:11, 3282:24
access [9] - 3231:7, 3234:25, 3235:5,
3235:12, 3235:13, 3235:14, 3235:20,
3236:25, 3287:18
accommodate [2] - 3252:25, 3348:4
accomplished [1] - 3205:20
according [16] - 3232:20, 3233:2,
3233:16, 3243:21, 3243:25, 3244:7,
3268:10, 3269:24, 3273:1, 3275:25,
3298:24, 3300:11, 3318:3, 3325:25,
3329:8, 3352:1
account [8] - 3237:25, 3238:3, 3238:6,
3248:4, 3248:8, 3283:8, 3283:13,
3283:14
accuracy [2] - 3156:17, 3321:3
accurate [8] - 3157:6, 3240:24,
3241:4, 3320:22, 3321:2, 3321:5,
3327:17, 3336:2

GR

acknowledge [1] - 3183:5


acknowledged [1] - 3159:2
acquaintances [2] - 3290:14, 3290:15
act [4] - 3201:14, 3226:22, 3271:6,
3298:17
acting [1] - 3271:2
action [1] - 3224:14
actions [2] - 3269:22, 3306:22
acts [3] - 3295:6, 3295:7, 3306:20
actual [2] - 3157:18, 3258:21
add [4] - 3220:12, 3221:5, 3221:8,
3235:18
addition [2] - 3264:21, 3299:7
additional [5] - 3159:19, 3204:10,
3220:11, 3253:14, 3255:11
Addonizio [1] - 3152:19
address [3] - 3155:13, 3252:10,
3287:23
adept [1] - 3179:11
admissible [5] - 3159:20, 3225:3,
3343:4, 3343:11, 3344:2
admit [5] - 3156:4, 3159:15, 3159:19,
3241:13, 3241:14
admitted [12] - 3155:5, 3158:19,
3184:24, 3204:4, 3220:20, 3220:21,
3241:25, 3262:13, 3292:23, 3293:14,
3293:22, 3294:17
admitting [1] - 3222:24
adopted [4] - 3225:8, 3225:9, 3225:11,
3225:13
adopting [3] - 3158:9, 3163:5, 3221:12
adoption [2] - 3222:22, 3224:5
advance [4] - 3154:2, 3234:9, 3251:22,
3349:5
advanced [1] - 3239:18
advice [1] - 3268:14
advising [1] - 3297:2
affect [1] - 3256:7
Afghanistan [2] - 3231:8, 3237:1
afield [4] - 3247:25, 3248:25, 3250:10,
3295:13
Africa [1] - 3325:14
afternoon [7] - 3156:13, 3305:4,
3307:25, 3308:1, 3349:5, 3349:7,
3351:13
age [1] - 3244:23
agent [7] - 3216:25, 3230:6, 3230:21,
3232:4, 3232:5, 3239:9, 3276:24
agents [1] - 3196:3
aggression [1] - 3268:25
aggressive [3] - 3272:25, 3273:2,
3286:8
aggressively [1] - 3271:7
ago [10] - 3170:16, 3170:18, 3265:10,
3308:2, 3321:10, 3321:15, 3323:11,
3323:13, 3324:4, 3324:6
agree [10] - 3158:7, 3158:8, 3158:14,
3164:16, 3224:11, 3228:13, 3257:23,
3271:5, 3294:2, 3307:12
agreed [1] - 3230:24

OCR

CM

CRR

agreeing [3] - 3158:9, 3162:9, 3221:12


agreement [18] - 3183:7, 3255:22,
3293:11, 3296:19, 3298:14, 3298:15,
3298:17, 3298:19, 3298:20, 3298:21,
3299:9, 3299:17, 3299:21, 3299:25,
3300:5, 3300:19, 3300:23, 3350:22
agrees [1] - 3162:6
ah-uh [1] - 3282:10
ahead [3] - 3162:14, 3180:5, 3180:16
Ahmad [1] - 3152:18
AHMAD [1] - 3151:18
aid [1] - 3191:2
aided [1] - 3152:4
airport [21] - 3173:23, 3190:3,
3192:22, 3238:10, 3238:12, 3238:14,
3239:4, 3239:6, 3239:8, 3239:9,
3239:10, 3239:11, 3239:14, 3240:5,
3242:14, 3242:22, 3258:21, 3265:14,
3275:15, 3278:6, 3347:8
Airport [5] - 3157:21, 3177:9, 3182:19,
3333:25, 3347:20
al [1] - 3152:14
Al [8] - 3158:7, 3158:8, 3158:14,
3221:17, 3221:22, 3221:23, 3223:21,
3225:16
alaikum [1] - 3180:22
Ali [2] - 3332:19, 3333:15
Allah [5] - 3162:7, 3162:13, 3332:15,
3332:21, 3333:17
alleged [1] - 3231:24
allow [6] - 3169:22, 3203:18, 3286:4,
3295:11, 3336:24, 3341:18
allowance [1] - 3318:3
allowed [3] - 3227:11, 3235:10,
3259:17
allows [1] - 3224:4
almost [2] - 3176:4, 3339:12
America [1] - 3221:25
AMERICA [1] - 3151:4
amount [19] - 3206:25, 3242:17,
3252:17, 3289:15, 3289:23, 3316:3,
3316:15, 3316:22, 3319:6, 3319:7,
3319:9, 3319:23, 3319:24, 3319:25,
3320:5, 3320:7
ample [1] - 3249:2
analysis [1] - 3222:21
Anas [3] - 3221:19, 3226:21, 3231:7
anchored [1] - 3340:19
Annas [8] - 3156:20, 3156:21, 3157:3,
3157:25, 3158:5, 3160:4, 3160:6
announcement [1] - 3185:16
annoyed [2] - 3279:15, 3279:19
answer [16] - 3172:8, 3173:5, 3176:24,
3182:10, 3191:9, 3211:12, 3215:7,
3221:2, 3232:23, 3269:18, 3272:14,
3279:3, 3281:9, 3285:15, 3339:1,
3341:18
answered [8] - 3173:16, 3174:8,
3176:19, 3178:11, 3190:14, 3281:13,
3286:11, 3298:9

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 206 of 230 PageID #: 5628
3
answers [4] - 3170:1, 3263:25, 3280:9,
3292:21
anticipated [1] - 3254:11
anticipating [1] - 3234:8
anxious [4] - 3206:4, 3206:5, 3206:6,
3208:16
anyway [1] - 3349:10
apart [1] - 3191:6
apartment [2] - 3314:14, 3315:4
apologize [6] - 3179:5, 3179:24,
3278:2, 3304:6, 3311:2, 3320:6
appear [2] - 3272:18, 3282:19
appearances [1] - 3152:15
APPEARANCES [1] - 3151:14
applied [1] - 3312:3
appointment [1] - 3348:5
appreciate [7] - 3187:10, 3266:4,
3269:18, 3269:23, 3271:3, 3280:22,
3284:5
apprentice [3] - 3311:21, 3312:2,
3312:3
approach [7] - 3165:6, 3198:25,
3214:22, 3231:12, 3231:14, 3296:3,
3342:4
approached [4] - 3216:1, 3263:8,
3283:20, 3283:22
appropriate [3] - 3153:21, 3154:2,
3253:25
approved [1] - 3195:8
April [9] - 3229:4, 3229:13, 3229:14,
3309:10, 3309:14, 3310:16, 3310:19,
3311:11, 3312:4
Arabic [1] - 3267:14
area [5] - 3176:7, 3186:16, 3186:17,
3197:15, 3244:18
areas [1] - 3283:3
argue [5] - 3159:8, 3222:2, 3247:14,
3293:12, 3293:25
arguing [2] - 3202:23, 3269:9
argument [4] - 3202:20, 3220:11,
3225:5, 3225:17
arguments [1] - 3295:14
arrange [1] - 3239:15
arranged [2] - 3239:13, 3277:6
arrangement [1] - 3284:7
arrangements [1] - 3278:5
arrest [2] - 3289:24, 3314:6
arrested [8] - 3287:12, 3289:10,
3301:4, 3309:20, 3310:20, 3311:1,
3311:3, 3314:10
arrive [1] - 3278:3
arrived [3] - 3277:23, 3277:25, 3278:3
arts [1] - 3191:14
asa [1] - 3196:21
aspects [1] - 3161:2
assalam [1] - 3180:21
assaulted [1] - 3186:14
asset [1] - 3217:21
assigned [1] - 3277:1

GR

assist [1] - 3334:14


Assistant [1] - 3151:18
associates [2] - 3302:14, 3302:17
assume [2] - 3177:15, 3298:6
assumes [1] - 3197:3
assuming [7] - 3153:20, 3154:11,
3177:13, 3197:3, 3203:16, 3253:15,
3282:24
Atlantic [1] - 3330:14
attack [4] - 3161:23, 3323:21, 3335:15
attacked [2] - 3195:1, 3227:4
attackers [1] - 3323:17
attempt [1] - 3301:16
attempted [1] - 3294:19
attempting [1] - 3252:14
attend [1] - 3348:21
attention [5] - 3161:9, 3262:4, 3300:4,
3310:6, 3310:14
attentive [1] - 3157:25
attentively [1] - 3157:25
Attorney [1] - 3151:16
Attorneys [3] - 3151:18, 3151:22,
3151:25
attribute [2] - 3190:7, 3203:2
audio [4] - 3179:18, 3179:19, 3191:1,
3256:6
August [4] - 3251:20, 3251:24,
3324:24, 3336:6
authenticity [2] - 3202:21, 3202:23
authority [6] - 3162:3, 3162:6, 3223:4,
3223:7, 3297:18, 3297:21
Avenue [2] - 3287:20, 3330:14
avenue [2] - 3205:4, 3205:5
avenues [1] - 3173:3
average [1] - 3239:2
avoid [2] - 3238:4, 3345:4
awarded [4] - 3303:22, 3308:20,
3309:1, 3309:3
aware [5] - 3158:3, 3223:19, 3239:5,
3272:15, 3344:3

B
background [2] - 3224:8, 3333:15
backgrounded [2] - 3332:15, 3332:18
backpack [3] - 3287:14, 3289:19,
3314:11
bags [1] - 3287:12
Bakr [24] - 3212:10, 3212:16, 3212:23,
3213:7, 3218:10, 3221:21, 3274:6,
3275:4, 3275:8, 3275:11, 3275:15,
3278:20, 3278:24, 3279:2, 3279:23,
3280:6, 3280:17, 3281:6, 3281:19,
3281:24, 3282:5, 3282:12, 3282:22,
3282:24
Bakr's [2] - 3216:9, 3216:14
ballpark [1] - 3351:10
bank [7] - 3237:24, 3238:3, 3238:6,
3248:4, 3283:8, 3283:13, 3283:14

OCR

CM

CRR

bar [6] - 3195:21, 3200:15, 3201:1,


3207:6, 3208:1, 3246:1
bar) [1] - 3209:2
barber [1] - 3311:24
barbering [2] - 3311:17, 3311:20
barrels [5] - 3328:17, 3328:19,
3328:21, 3328:22, 3329:1
based [3] - 3255:12, 3293:9, 3296:18
basic [2] - 3176:15, 3293:21
basing [1] - 3303:7
basis [1] - 3338:3
Basley [1] - 3229:11
bathroom [1] - 3194:25
beating [1] - 3294:12
beautiful [1] - 3328:7
became [3] - 3244:15, 3313:14,
3326:24
become [3] - 3196:16, 3223:3,
3264:13
becomes [1] - 3196:17
bed [2] - 3262:2, 3349:24
BEFORE [1] - 3151:13
began [1] - 3196:2
begged [1] - 3304:20
begin [1] - 3321:7
beginning [11] - 3185:4, 3185:6,
3215:16, 3253:18, 3273:23, 3279:10,
3322:23, 3322:24, 3323:4, 3332:8
begins [1] - 3226:4
behalf [8] - 3152:18, 3165:14,
3228:19, 3238:15, 3239:25, 3254:10,
3303:24, 3307:18
behave [2] - 3309:1, 3309:3
behavior [1] - 3269:24
behind [6] - 3157:20, 3158:18, 3225:1,
3234:13, 3274:1, 3282:14
belied [1] - 3159:5
belive [1] - 3194:15
belong [1] - 3216:9
belonged [1] - 3216:10
below [1] - 3296:5
benefit [3] - 3299:11, 3299:16,
3330:17
benefits [1] - 3196:6
Bennett [3] - 3351:8, 3351:11, 3351:21
BERGER [1] - 3151:17
Berger [1] - 3152:17
BERIT [1] - 3151:17
Berit [1] - 3152:17
best [7] - 3156:16, 3206:8, 3206:10,
3238:4, 3304:7, 3335:24, 3351:16
better [16] - 3183:17, 3205:5, 3212:1,
3212:9, 3250:4, 3254:16, 3254:17,
3255:8, 3272:18, 3298:12, 3302:23,
3333:16, 3333:20, 3334:14, 3338:3,
3346:11
between [9] - 3177:3, 3227:2, 3238:2,
3265:18, 3265:22, 3270:12, 3272:2,
3286:23, 3326:7

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 207 of 230 PageID #: 5629
4
beyond [2] - 3159:9, 3162:15
big [7] - 3166:25, 3191:3, 3192:15,
3197:12, 3197:23, 3267:1, 3348:10
bigger [2] - 3237:4, 3333:23
biggest [2] - 3337:7
Bilal [19] - 3193:13, 3193:15, 3193:16,
3196:9, 3196:12, 3196:13, 3196:15,
3196:22, 3196:25, 3197:6, 3197:22,
3198:3, 3198:4, 3216:6, 3216:7,
3216:16, 3216:23, 3216:24, 3217:2
Bilal's [1] - 3216:24
Bin [3] - 3221:17, 3223:4, 3223:7
binder [3] - 3178:16, 3198:21, 3320:12
binders [3] - 3155:6, 3178:18, 3321:22
bit [13] - 3187:9, 3251:22, 3251:25,
3253:16, 3322:8, 3332:7, 3343:12,
3345:5, 3348:2, 3348:3, 3348:9,
3349:6, 3351:17
blah [5] - 3201:11, 3280:4
blowing [3] - 3157:21, 3334:10,
3335:9
blown [1] - 3258:23
blue [2] - 3323:25, 3324:1
blueprint [1] - 3192:20
blueprints [13] - 3167:19, 3169:4,
3169:5, 3176:22, 3177:1, 3177:5,
3177:23, 3178:2, 3178:5, 3178:10,
3192:14, 3192:19
blurt [1] - 3332:8
body [1] - 3232:10
bold [1] - 3322:9
book [1] - 3226:12
books [4] - 3189:24, 3191:3, 3198:11,
3262:18
bosses [1] - 3315:6
bottom [7] - 3180:7, 3180:24, 3208:12,
3208:13, 3223:6, 3242:11, 3340:22
bought [3] - 3237:10, 3276:17,
3276:19
Boulevard [1] - 3229:11
break [31] - 3153:14, 3162:19,
3163:10, 3163:11, 3190:15, 3211:19,
3218:15, 3218:21, 3219:3, 3219:7,
3250:17, 3251:2, 3251:16, 3255:19,
3265:11, 3305:4, 3305:9, 3305:11,
3305:18, 3326:5, 3333:18, 3343:5,
3348:8, 3348:9, 3348:13, 3349:7,
3349:11, 3349:14, 3349:15, 3351:24
breakfast [1] - 3348:10
breaking [1] - 3334:13
briefly [1] - 3306:17
bring [23] - 3163:2, 3197:6, 3197:16,
3212:1, 3219:4, 3227:11, 3228:5,
3247:18, 3251:19, 3252:8, 3295:8,
3307:3, 3321:22, 3322:7, 3338:11,
3338:21, 3338:23, 3339:3, 3339:4,
3348:11, 3348:12, 3348:17, 3349:13
bringing [4] - 3227:14, 3236:20,
3334:7, 3334:8
broke [1] - 3219:9

GR

Brooklyn [3] - 3151:7, 3151:19,


3152:2
brother [8] - 3195:15, 3216:22,
3217:9, 3221:15, 3281:5, 3326:12,
3328:9, 3333:16
brothers [9] - 3192:12, 3221:18,
3226:25, 3323:10, 3323:20, 3324:4,
3324:5, 3325:20, 3330:14
brought [7] - 3163:25, 3236:17,
3236:22, 3248:2, 3295:11, 3310:14,
3324:3
build [12] - 3192:13, 3193:6, 3217:18,
3217:21, 3231:24, 3246:22, 3247:10,
3247:19, 3247:24, 3248:17, 3270:1,
3270:3
building [13] - 3186:10, 3213:25,
3214:2, 3231:23, 3246:23, 3246:25,
3247:22, 3248:7, 3248:20, 3249:1,
3249:5, 3249:8, 3269:24
buildings [1] - 3166:18
built [12] - 3157:24, 3218:4, 3218:6,
3226:22, 3247:2, 3247:17, 3270:8,
3270:21, 3271:6, 3273:2, 3286:9
business [7] - 3290:16, 3329:9,
3329:12, 3329:14, 3329:20, 3329:25,
3330:20
businessman [2] - 3231:24, 3232:1
busy [1] - 3339:13
butter [3] - 3329:5, 3330:3, 3330:11
buy [3] - 3230:14, 3277:9, 3277:15
BY [15] - 3151:16, 3165:12, 3188:2,
3198:2, 3210:2, 3220:2, 3258:15,
3262:21, 3296:2, 3307:24, 3319:2,
3353:8, 3353:10, 3353:12, 3353:14

C
Cadman [2] - 3151:19, 3152:1
calendar [1] - 3337:8
Calvin [1] - 3351:8
camera [6] - 3317:15, 3317:19,
3317:20, 3317:21, 3317:23, 3318:1
cannot [10] - 3162:11, 3170:12,
3174:23, 3235:18, 3275:16, 3317:5,
3331:14, 3332:12, 3332:17, 3334:12
caption [1] - 3300:2
car [2] - 3301:21, 3301:24
card [1] - 3239:24
care [4] - 3234:17, 3288:24, 3289:2,
3351:1
careful [3] - 3223:9, 3266:3, 3266:25
cares [1] - 3248:18
Carlos [1] - 3289:14
carried [1] - 3301:19
carry [2] - 3301:22, 3301:23
carrying [4] - 3173:25, 3174:15,
3287:11, 3289:22
case [59] - 3158:17, 3158:22, 3159:9,
3204:9, 3214:18, 3218:17, 3218:19,

OCR

CM

CRR

3218:24, 3220:3, 3238:20, 3238:21,


3249:3, 3249:19, 3250:10, 3251:2,
3251:6, 3251:7, 3251:9, 3251:12,
3254:3, 3254:22, 3286:12, 3286:20,
3288:8, 3290:8, 3292:20, 3293:8,
3294:14, 3295:4, 3296:14, 3296:15,
3297:12, 3297:15, 3297:17, 3298:3,
3298:4, 3298:13, 3302:1, 3302:2,
3302:6, 3302:9, 3302:14, 3302:21,
3303:12, 3305:5, 3305:8, 3313:11,
3315:22, 3316:16, 3316:21, 3319:4,
3319:9, 3319:12, 3320:23, 3348:7,
3349:17, 3349:18, 3349:22
cases [1] - 3305:6
cassette [1] - 3236:3
cassettes [1] - 3234:22
casually [1] - 3171:6
caught [3] - 3233:19, 3322:13,
3322:18
CD [5] - 3181:3, 3181:5, 3202:21,
3246:6, 3263:22
celebrate [2] - 3337:3, 3337:10
cell [7] - 3218:20, 3218:23, 3251:3,
3281:1, 3281:4, 3281:5, 3305:9
Center [1] - 3333:24
certain [8] - 3154:25, 3196:3, 3201:21,
3298:22, 3303:11, 3306:22, 3306:23,
3319:16
certainly [7] - 3159:9, 3159:12,
3218:21, 3248:19, 3250:20, 3305:17,
3345:1
certificate [1] - 3311:20
chance [2] - 3166:12, 3181:12
change [4] - 3235:16, 3235:18,
3254:22, 3305:19
changed [2] - 3155:10, 3264:12
changing [1] - 3264:14
character [1] - 3294:16
charge [7] - 3253:24, 3254:15,
3254:19, 3255:2, 3294:18, 3294:19
charged [1] - 3289:10
charges [2] - 3255:12, 3282:2
check [3] - 3251:4, 3333:15
Chicken [3] - 3231:3, 3280:15,
3283:15
chicken [20] - 3172:25, 3176:8,
3176:12, 3177:10, 3177:11, 3177:20,
3182:13, 3182:17, 3183:8, 3186:7,
3186:22, 3191:6, 3204:19, 3210:14,
3211:6, 3211:10, 3211:14, 3216:17,
3263:4, 3263:6
Chico's [1] - 3211:10
children [2] - 3223:3, 3242:16
chip [2] - 3174:12, 3236:3
chose [1] - 3193:10
chunk [2] - 3240:12, 3242:25
CI [1] - 3195:7
cinema [1] - 3186:13
Cingular [1] - 3183:14
Circuit [1] - 3293:16

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 208 of 230 PageID #: 5630
5
cite [2] - 3157:7, 3225:7
cited [1] - 3225:6
citizen [1] - 3212:13
City [6] - 3301:13, 3324:18, 3338:8,
3340:2, 3341:9, 3345:7
civil [5] - 3170:9, 3170:14, 3170:25,
3171:21, 3172:3
claim [1] - 3225:8
claimed [3] - 3264:15, 3267:3, 3339:13
claiming [2] - 3155:9, 3222:23
claims [2] - 3202:8, 3224:15
clarify [2] - 3277:25, 3306:12
clarifying [1] - 3272:12
clarity [1] - 3323:1
clean [2] - 3222:1, 3289:3
clear [7] - 3198:3, 3223:24, 3238:11,
3244:13, 3280:18, 3280:20, 3310:22
cleared [1] - 3201:20
clearly [2] - 3161:21, 3203:6
CLERK [3] - 3152:13, 3257:10,
3257:12
clerk [1] - 3255:21
client [9] - 3157:19, 3160:7, 3167:18,
3196:4, 3196:5, 3249:12, 3306:1
close [8] - 3163:17, 3174:13, 3189:24,
3189:25, 3197:14, 3260:12, 3265:13,
3323:13
closer [2] - 3254:16, 3254:19
closures [1] - 3287:6
clunky [1] - 3191:3
coaxing [2] - 3223:11, 3223:14
cocaine [6] - 3287:12, 3287:13,
3290:4, 3292:20, 3294:21, 3296:7
coconspirator [9] - 3163:3, 3222:13,
3222:24, 3223:20, 3224:6, 3224:14,
3344:9, 3344:12
codefendant [2] - 3197:16, 3197:17
collateral [6] - 3156:25, 3157:2,
3157:16, 3249:15, 3249:17, 3293:21
collect [2] - 3289:6, 3289:7
collected [1] - 3289:13
collecting [3] - 3214:1, 3289:14,
3315:18
collective [2] - 3161:24, 3221:23
college [1] - 3212:20
colloquy [1] - 3226:20
coming [8] - 3159:15, 3163:17,
3164:1, 3252:19, 3285:5, 3323:25,
3325:17, 3326:4
comments [2] - 3221:11, 3221:13
commit [1] - 3159:23
committed [1] - 3313:4
communicate [1] - 3338:22
communicating [2] - 3298:4, 3298:8
compare [1] - 3255:17
complained [1] - 3166:17
complete [2] - 3220:21, 3252:21
completely [7] - 3159:8, 3201:9,
3232:17, 3232:19, 3248:25, 3316:4,

GR

3323:25
completeness [2] - 3222:4, 3225:4
completion [2] - 3226:23, 3227:10
complicated [1] - 3345:5
comply [1] - 3233:8
component [1] - 3267:18
compound [1] - 3213:10
computer [7] - 3152:4, 3165:25,
3167:1, 3167:15, 3321:19, 3329:7,
3329:10
computer-aided [1] - 3152:4
computers [2] - 3329:2, 3329:10
conceded [1] - 3156:4
concern [1] - 3238:13
concerned [3] - 3249:22, 3326:24,
3351:3
concerning [1] - 3327:3
concluded [1] - 3352:5
conclusions [3] - 3218:19, 3305:5,
3349:17
condemn [1] - 3161:21
condoning [1] - 3269:23
conduct [1] - 3293:16
conducted [2] - 3297:17, 3323:20
conference [3] - 3253:24, 3254:15,
3254:20
conflicts [1] - 3158:17
confuse [1] - 3350:19
confused [1] - 3343:12
connect [2] - 3213:6, 3247:6
connected [6] - 3218:24, 3251:7,
3251:9, 3305:8, 3320:15, 3349:22
connection [6] - 3197:21, 3238:19,
3238:21, 3246:23, 3252:15, 3268:12
connections [11] - 3168:14, 3168:16,
3169:19, 3169:25, 3170:3, 3188:19,
3267:25, 3272:6, 3274:1, 3281:25
consented [1] - 3153:12
consider [4] - 3163:10, 3204:5,
3204:11, 3263:10
considered [2] - 3204:6, 3263:22
consistent [2] - 3203:10, 3203:11
conspiracy [11] - 3160:11, 3160:19,
3160:24, 3261:5, 3261:12, 3288:7,
3288:13, 3288:18, 3301:19, 3308:3,
3314:19
conspirator [1] - 3163:3
construct [1] - 3236:19
construction [2] - 3216:25, 3247:19
consult [1] - 3233:14
consulted [1] - 3233:15
contact [7] - 3173:7, 3196:20, 3206:1,
3282:10, 3284:21, 3284:23, 3285:3
contacted [5] - 3186:7, 3188:15,
3188:24, 3188:25, 3189:3
contacts [15] - 3172:14, 3184:10,
3184:14, 3264:11, 3265:8, 3266:2,
3281:2, 3281:7, 3281:19, 3282:10,
3284:22, 3285:18, 3285:23, 3286:2

OCR

CM

CRR

contention [1] - 3156:6


contents [1] - 3155:22
contesting [2] - 3246:21, 3249:20
context [3] - 3248:13, 3265:13,
3340:14
continuation [3] - 3226:24, 3227:8,
3227:10
continue [10] - 3155:19, 3157:17,
3162:18, 3196:6, 3204:14, 3234:6,
3268:15, 3269:17, 3280:22, 3347:25
CONTINUED [6] - 3188:1, 3220:1,
3296:1, 3353:7, 3353:9, 3353:11
Continued [19] - 3165:12, 3187:12,
3195:22, 3197:25, 3200:16, 3203:19,
3207:7, 3209:3, 3219:22, 3245:7,
3256:16, 3271:11, 3291:4, 3295:19,
3318:9, 3334:22, 3342:6, 3345:13,
3348:23
continued [9] - 3154:10, 3161:18,
3164:21, 3175:16, 3220:3, 3222:5,
3228:18, 3258:5, 3261:20
continues [1] - 3222:3
CONTINUES [3] - 3258:14, 3262:20,
3319:1
continuing [2] - 3235:17, 3307:17
Continuing [1] - 3349:1
continuously [1] - 3267:1
contract [3] - 3298:10, 3298:12,
3298:18
contradictory [1] - 3225:23
contrary [1] - 3269:5
control [2] - 3235:3, 3296:22
conversation [121] - 3153:23, 3154:13,
3155:23, 3155:25, 3156:19, 3156:20,
3157:10, 3157:11, 3157:18, 3157:22,
3157:23, 3158:6, 3158:12, 3159:11,
3160:22, 3163:9, 3166:3, 3166:11,
3166:13, 3166:16, 3166:21, 3171:4,
3171:5, 3172:6, 3174:24, 3175:12,
3176:22, 3176:25, 3180:10, 3181:15,
3183:1, 3186:24, 3190:19, 3190:23,
3191:1, 3191:5, 3199:5, 3199:22,
3200:10, 3202:6, 3203:1, 3210:16,
3211:23, 3213:4, 3213:9, 3213:11,
3213:13, 3213:20, 3213:22, 3213:25,
3214:8, 3217:16, 3218:8, 3222:3,
3222:5, 3225:15, 3225:22, 3225:25,
3226:4, 3226:20, 3227:1, 3227:9,
3230:12, 3231:2, 3231:6, 3231:21,
3232:7, 3232:14, 3233:21, 3236:16,
3236:21, 3238:1, 3238:11, 3247:17,
3248:2, 3255:24, 3259:6, 3259:8,
3259:9, 3259:14, 3260:4, 3260:10,
3261:7, 3262:5, 3262:9, 3264:3,
3264:5, 3264:22, 3264:24, 3265:1,
3265:4, 3265:6, 3266:7, 3269:5,
3270:24, 3272:10, 3272:16, 3273:24,
3278:19, 3278:22, 3279:10, 3279:19,
3281:17, 3282:20, 3283:9, 3283:12,
3284:24, 3286:10, 3322:24, 3322:25,

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 209 of 230 PageID #: 5631
6
3323:4, 3324:8, 3332:14, 3333:7,
3334:5, 3335:11, 3341:20, 3346:13,
3347:7, 3347:18
conversations [22] - 3154:16, 3158:4,
3160:25, 3197:10, 3202:4, 3205:15,
3213:1, 3214:5, 3214:12, 3225:12,
3225:13, 3225:15, 3232:18, 3246:23,
3246:24, 3259:11, 3273:23, 3278:14,
3324:13, 3333:2, 3341:11, 3341:12
conviction [3] - 3293:9, 3294:20,
3306:19
convictions [1] - 3314:9
cooperate [3] - 3287:4, 3287:5, 3287:6
cooperated [4] - 3302:4, 3303:22,
3309:23, 3309:25
cooperating [1] - 3299:7
cooperation [10] - 3296:14, 3296:15,
3296:17, 3296:20, 3298:2, 3299:21,
3299:25, 3300:9, 3300:13, 3310:3
copied [2] - 3192:24, 3192:25
copies [2] - 3153:6, 3219:10
copy [4] - 3219:16, 3241:10, 3241:12,
3246:4
Cordero [1] - 3290:11
correct [237] - 3153:9, 3153:25,
3157:12, 3158:21, 3160:11, 3166:1,
3168:17, 3168:20, 3168:21, 3168:23,
3169:1, 3169:16, 3170:6, 3171:2,
3171:9, 3171:20, 3173:20, 3173:23,
3174:5, 3174:22, 3175:10, 3175:23,
3176:5, 3176:13, 3177:14, 3180:12,
3180:14, 3180:19, 3180:22, 3180:23,
3180:24, 3181:16, 3181:18, 3181:22,
3184:3, 3184:7, 3185:8, 3185:20,
3186:20, 3186:21, 3186:22, 3186:23,
3187:1, 3188:4, 3190:4, 3190:13,
3191:7, 3192:8, 3199:11, 3199:13,
3199:18, 3205:1, 3205:8, 3205:17,
3206:2, 3206:12, 3206:18, 3211:24,
3213:5, 3213:12, 3213:24, 3214:3,
3214:19, 3216:17, 3218:11, 3220:8,
3220:15, 3229:2, 3233:4, 3239:19,
3246:14, 3258:21, 3259:7, 3262:11,
3262:23, 3263:1, 3263:5, 3263:14,
3263:15, 3264:12, 3264:14, 3265:1,
3267:17, 3267:24, 3270:9, 3271:8,
3272:1, 3273:4, 3273:13, 3274:14,
3275:5, 3277:10, 3277:18, 3278:10,
3280:3, 3283:11, 3284:13, 3285:1,
3285:3, 3287:2, 3287:9, 3287:10,
3287:19, 3288:8, 3288:19, 3289:11,
3289:25, 3300:2, 3300:3, 3300:11,
3302:22, 3303:17, 3303:20, 3305:1,
3308:4, 3308:9, 3308:11, 3308:15,
3309:8, 3309:10, 3309:14, 3309:15,
3309:21, 3309:23, 3310:1, 3310:4,
3310:16, 3310:24, 3311:1, 3311:4,
3311:7, 3311:12, 3311:15, 3312:5,
3312:8, 3312:11, 3312:14, 3312:19,
3312:21, 3312:24, 3313:6, 3313:12,

GR

3313:16, 3314:3, 3314:4, 3314:11,


3314:14, 3314:17, 3314:20, 3314:21,
3315:5, 3315:11, 3316:19, 3317:16,
3319:10, 3319:18, 3319:22, 3320:10,
3320:25, 3321:5, 3321:6, 3321:11,
3322:2, 3322:17, 3322:19, 3323:5,
3323:7, 3323:8, 3323:11, 3323:14,
3323:17, 3323:21, 3324:14, 3324:15,
3325:2, 3325:8, 3325:11, 3325:14,
3326:2, 3326:6, 3326:11, 3326:14,
3326:17, 3326:21, 3327:4, 3327:19,
3327:25, 3328:12, 3328:13, 3328:14,
3328:17, 3328:20, 3329:13, 3329:22,
3329:25, 3330:3, 3331:20, 3331:21,
3331:23, 3332:10, 3333:25, 3334:4,
3334:11, 3335:18, 3335:22, 3335:25,
3336:3, 3336:8, 3336:11, 3336:15,
3336:19, 3336:22, 3337:4, 3337:6,
3337:8, 3337:11, 3337:14, 3338:1,
3338:5, 3338:9, 3338:12, 3339:4,
3339:8, 3339:11, 3339:17, 3339:20,
3340:3, 3340:6, 3340:10, 3341:9,
3346:7, 3346:17, 3346:20, 3347:5,
3347:10, 3347:20, 3351:5
correctly [2] - 3221:16, 3252:18
cost [1] - 3317:19
counsel [17] - 3152:19, 3152:24,
3154:12, 3159:2, 3159:13, 3162:23,
3195:20, 3200:15, 3207:5, 3208:7,
3225:7, 3227:13, 3245:5, 3250:4,
3285:14, 3291:3, 3305:15
counselman [1] - 3212:17
count [1] - 3201:2
counters [1] - 3248:6
counting [1] - 3250:11
country [2] - 3221:25, 3328:7
County [1] - 3287:2
couple [6] - 3220:13, 3276:5, 3276:7,
3276:11, 3304:24, 3326:15
coupled [1] - 3285:15
course [16] - 3161:22, 3181:9,
3204:13, 3213:19, 3214:4, 3214:15,
3219:12, 3251:3, 3270:24, 3272:17,
3278:14, 3288:18, 3296:23, 3319:19,
3328:5, 3350:8
Court [4] - 3152:1, 3156:2, 3219:10,
3219:18
court [21] - 3155:25, 3204:1, 3210:1,
3220:16, 3225:3, 3225:4, 3225:6,
3226:14, 3250:16, 3253:1, 3253:9,
3253:25, 3294:10, 3294:19, 3295:18,
3300:21, 3304:20, 3304:21, 3308:13,
3346:1, 3352:2
COURT [273] - 3151:1, 3152:11,
3152:20, 3152:25, 3153:5, 3153:19,
3154:1, 3154:10, 3154:16, 3154:19,
3155:14, 3156:9, 3156:14, 3156:25,
3157:2, 3157:12, 3157:16, 3160:10,
3160:18, 3160:23, 3162:18, 3163:6,
3163:8, 3163:13, 3163:21, 3164:1,

OCR

CM

CRR

3164:6, 3164:11, 3164:15, 3164:21,


3164:25, 3165:3, 3165:7, 3165:13,
3165:20, 3166:20, 3169:22, 3171:15,
3173:16, 3174:4, 3175:2, 3175:7,
3178:11, 3178:17, 3178:21, 3178:25,
3179:3, 3179:6, 3179:9, 3179:12,
3179:16, 3179:21, 3179:23, 3184:11,
3184:20, 3184:25, 3185:2, 3185:5,
3189:13, 3189:23, 3190:6, 3190:14,
3190:24, 3195:20, 3196:1, 3196:9,
3196:23, 3197:4, 3197:9, 3197:14,
3197:19, 3198:1, 3198:24, 3199:2,
3200:1, 3200:15, 3201:2, 3201:18,
3203:13, 3203:17, 3204:2, 3205:14,
3207:5, 3208:5, 3208:7, 3208:17,
3208:19, 3209:1, 3210:7, 3210:10,
3210:13, 3210:20, 3211:20, 3213:8,
3213:10, 3214:10, 3215:16, 3215:19,
3215:24, 3216:13, 3217:6, 3218:15,
3219:2, 3219:7, 3219:15, 3219:20,
3220:3, 3220:10, 3221:7, 3222:13,
3222:17, 3223:5, 3223:14, 3223:17,
3224:1, 3224:3, 3224:11, 3224:20,
3225:10, 3225:20, 3226:1, 3226:5,
3226:8, 3226:10, 3226:13, 3227:20,
3228:5, 3228:9, 3228:11, 3228:18,
3228:23, 3231:15, 3232:23, 3233:10,
3233:13, 3234:6, 3236:7, 3237:7,
3237:12, 3238:19, 3239:12, 3241:9,
3241:12, 3241:15, 3241:18, 3241:25,
3242:7, 3245:5, 3246:2, 3246:6,
3246:20, 3247:12, 3248:6, 3248:18,
3249:14, 3249:17, 3250:1, 3250:8,
3250:17, 3250:23, 3251:15, 3251:21,
3253:10, 3253:21, 3254:2, 3254:8,
3254:10, 3254:14, 3255:1, 3255:8,
3255:11, 3255:15, 3256:8, 3257:3,
3257:6, 3257:8, 3257:11, 3257:14,
3257:16, 3257:19, 3258:2, 3258:5,
3258:9, 3258:11, 3259:19, 3260:1,
3262:17, 3264:20, 3265:3, 3266:9,
3268:21, 3269:8, 3272:13, 3272:21,
3273:5, 3275:17, 3277:22, 3277:25,
3279:7, 3279:13, 3279:18, 3281:16,
3282:13, 3284:2, 3284:4, 3284:16,
3285:13, 3285:21, 3286:4, 3286:11,
3286:22, 3286:24, 3288:11, 3290:25,
3291:3, 3292:2, 3292:8, 3292:11,
3292:13, 3293:3, 3294:2, 3294:9,
3294:17, 3295:7, 3295:10, 3296:4,
3297:5, 3297:21, 3298:2, 3298:9,
3298:15, 3299:14, 3299:19, 3301:2,
3304:14, 3305:3, 3305:13, 3306:1,
3306:11, 3306:16, 3306:25, 3307:3,
3307:7, 3307:11, 3307:17, 3307:22,
3310:9, 3310:22, 3317:11, 3321:13,
3336:24, 3341:16, 3341:18, 3341:23,
3342:5, 3343:12, 3344:3, 3345:1,
3345:8, 3345:11, 3346:2, 3347:24,
3349:1, 3350:3, 3350:12, 3350:15,
3350:17, 3350:19, 3351:3, 3351:7,

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 210 of 230 PageID #: 5632
7
3351:12, 3351:18, 3352:3
court's [1] - 3248:10
courtesy [2] - 3153:6, 3219:10
Courthouse [1] - 3151:7
courtroom [10] - 3219:1, 3219:6,
3228:8, 3228:10, 3251:14, 3256:5,
3307:6, 3307:10, 3350:2, 3350:18
courtroom) [1] - 3305:12
cover [4] - 3199:7, 3317:2, 3317:4,
3350:25
covered [2] - 3306:18, 3315:24
covering [1] - 3316:1
coworkers [1] - 3349:19
CR [2] - 3151:4, 3152:14
crack [3] - 3287:12, 3301:10, 3301:13
created [5] - 3225:25, 3227:3, 3227:5,
3227:6, 3344:1
creates [1] - 3224:16
credibility [2] - 3306:20, 3306:24
credulity [1] - 3159:10
cricket [5] - 3230:17, 3230:20,
3230:22, 3230:25, 3237:16
crime [14] - 3159:22, 3159:23,
3287:16, 3295:6, 3295:7, 3301:4,
3301:6, 3301:9, 3301:16, 3304:16,
3313:15, 3313:19, 3313:22, 3313:24
crimes [1] - 3313:4
criminal [1] - 3152:13
cross [16] - 3156:15, 3162:19,
3164:22, 3197:13, 3197:24, 3228:18,
3247:18, 3249:3, 3250:18, 3253:17,
3258:6, 3305:15, 3307:18, 3307:22,
3347:25, 3350:5
CROSS [11] - 3165:11, 3188:1, 3220:1,
3258:14, 3296:1, 3307:23, 3353:6,
3353:7, 3353:9, 3353:11, 3353:13
cross-examination [11] - 3162:19,
3164:22, 3228:18, 3247:18, 3250:18,
3253:17, 3258:6, 3305:15, 3307:18,
3347:25, 3350:5
CROSS-EXAMINATION [9] - 3188:1,
3220:1, 3258:14, 3296:1, 3307:23,
3353:7, 3353:9, 3353:11, 3353:13
Crown [1] - 3229:10
crucial [1] - 3158:18
crying [1] - 3250:3
current [1] - 3195:18
custody [1] - 3311:23
Customs [7] - 3238:23, 3238:24,
3238:25, 3239:9, 3239:14, 3239:20,
3240:3
customs [1] - 3190:9
cut [1] - 3220:10

D
dance [1] - 3325:17
date [14] - 3210:3, 3211:22, 3229:16,
3264:4, 3264:9, 3313:17, 3326:25,

GR

3340:16, 3340:19, 3340:23, 3340:24,


3346:20, 3352:2, 3352:5
dates [2] - 3153:16, 3331:17
daughter [1] - 3242:23
dawa [2] - 3267:13, 3267:14
Dawood [20] - 3261:19, 3322:4,
3322:5, 3322:16, 3323:5, 3323:23,
3324:9, 3324:13, 3336:8, 3337:18,
3337:25, 3338:3, 3338:4, 3338:7,
3338:20, 3339:4, 3339:7, 3339:14,
3340:6, 3340:9
days [17] - 3235:7, 3240:12, 3252:2,
3253:14, 3260:16, 3260:25, 3261:1,
3276:3, 3276:5, 3276:7, 3276:9,
3276:11, 3278:10, 3326:15, 3328:16,
3330:9, 3348:2
dead [1] - 3294:12
deadly [1] - 3301:19
deal [8] - 3154:8, 3186:25, 3187:6,
3191:3, 3282:2, 3287:1, 3287:4,
3324:17
dealer [2] - 3292:23, 3293:4
dealing [3] - 3195:16, 3196:14,
3211:13
dealings [2] - 3197:21, 3214:3
dealt [1] - 3163:14
death [1] - 3294:12
decide [1] - 3205:16
decided [4] - 3172:2, 3221:4, 3303:1,
3303:5
deciding [1] - 3284:5
decision [3] - 3160:2, 3205:22, 3233:4
declarant's [2] - 3224:17, 3224:25
deemed [1] - 3241:15
deep [1] - 3293:20
defeats [1] - 3224:25
defend [7] - 3226:23, 3227:5, 3270:4,
3270:8, 3271:7, 3273:1, 3286:8
Defendant [1] - 3306:13
defendant [3] - 3155:7, 3300:8, 3343:4
Defendant's [2] - 3231:12, 3290:21
defendants [1] - 3249:12
Defendants [2] - 3151:10, 3151:21
defendants' [1] - 3344:13
Defenders [1] - 3151:22
defending [3] - 3227:7, 3269:22
defense [32] - 3154:12, 3155:2,
3156:7, 3158:19, 3159:2, 3159:13,
3162:25, 3196:12, 3196:17, 3198:22,
3223:22, 3224:12, 3224:14, 3225:5,
3227:10, 3241:8, 3241:19, 3247:4,
3247:11, 3252:15, 3252:18, 3253:5,
3253:8, 3254:3, 3254:21, 3254:22,
3255:11, 3258:2, 3293:12, 3294:4,
3306:13, 3350:23
Defense [5] - 3210:18, 3231:11,
3241:15, 3241:25, 3309:18
defense's [1] - 3154:22
defensive [1] - 3226:21
definite [1] - 3211:12

OCR

CM

CRR

definitely [1] - 3231:22


Defreitas [132] - 3151:22, 3152:14,
3152:21, 3152:23, 3160:6, 3166:4,
3166:7, 3166:13, 3166:17, 3166:21,
3166:23, 3167:13, 3171:5, 3171:11,
3172:5, 3173:22, 3173:25, 3174:5,
3174:15, 3174:24, 3175:5, 3175:12,
3175:20, 3180:11, 3185:10, 3185:24,
3186:2, 3186:5, 3189:11, 3189:14,
3189:17, 3189:20, 3190:9, 3193:1,
3193:3, 3193:7, 3196:16, 3197:7,
3198:14, 3198:16, 3199:23, 3201:25,
3202:4, 3202:10, 3203:2, 3203:5,
3205:16, 3205:25, 3206:4, 3206:17,
3212:6, 3212:12, 3214:7, 3214:25,
3215:23, 3215:24, 3215:25, 3216:1,
3216:5, 3216:10, 3216:20, 3217:2,
3217:15, 3217:17, 3221:19, 3229:7,
3229:15, 3230:14, 3231:23, 3237:9,
3237:24, 3238:9, 3247:5, 3247:17,
3254:5, 3259:1, 3261:10, 3265:13,
3272:3, 3273:14, 3273:19, 3273:21,
3274:5, 3276:18, 3276:19, 3277:8,
3277:14, 3277:19, 3278:13, 3283:1,
3283:4, 3283:11, 3286:23, 3305:15,
3307:19, 3321:8, 3324:18, 3325:1,
3325:5, 3331:2, 3336:6, 3336:13,
3337:1, 3337:24, 3338:1, 3339:19,
3340:16, 3341:8, 3341:13, 3341:14,
3343:4, 3343:6, 3343:8, 3343:22,
3343:23, 3344:1, 3344:15, 3344:19,
3344:20, 3345:2, 3345:3, 3346:6,
3346:7, 3346:13, 3346:19, 3347:4,
3347:8, 3347:19
defreitas [1] - 3202:4
DEFREITAS [1] - 3151:8
DeFreitas' [1] - 3277:9
Defreitas's [2] - 3249:13, 3343:24
DeFreitias [1] - 3343:20
degree [1] - 3271:2
delay [1] - 3162:22
delegation [7] - 3325:14, 3325:17,
3325:21, 3325:24, 3326:4, 3326:11,
3326:20
delete [1] - 3235:18
deliberate [1] - 3252:8
deliberating [1] - 3252:7
deliver [1] - 3315:4
delivering [2] - 3315:8, 3315:15
delivery [2] - 3315:14, 3315:15
demolished [2] - 3186:10, 3186:16
demonstrate [1] - 3224:15
denied [3] - 3208:5, 3208:17, 3227:20
departure [1] - 3264:6
depicted [1] - 3240:20
depiction [2] - 3240:24, 3241:4
describe [3] - 3238:25, 3243:11,
3243:12
described [2] - 3274:16, 3337:1
describing [1] - 3272:2

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 211 of 230 PageID #: 5633
8
designed [1] - 3235:13
destroy [1] - 3157:24
destroying [1] - 3225:24
detail [6] - 3194:18, 3196:24, 3197:20,
3216:24, 3278:23, 3332:11
detailed [1] - 3170:23
details [13] - 3176:14, 3178:9,
3183:10, 3183:11, 3341:13, 3343:7,
3343:9, 3344:23, 3344:24, 3346:6,
3346:7, 3347:5, 3347:10
detected [3] - 3334:7, 3334:9, 3335:13
Detective [1] - 3152:19
determination [2] - 3233:10, 3317:9
determine [3] - 3156:17, 3233:3,
3253:25
determines [1] - 3296:24
developed [1] - 3267:20
development [2] - 3266:14, 3267:7
device [7] - 3232:20, 3232:22,
3232:25, 3233:6, 3233:17, 3236:7,
3236:9
devices [1] - 3235:8
dialogue [1] - 3160:1
die [2] - 3323:24, 3324:7
died [1] - 3324:6
dietary [1] - 3348:15
difference [6] - 3166:23, 3208:24,
3227:2, 3270:11, 3286:23, 3292:24
differences [1] - 3272:2
different [23] - 3161:22, 3198:8,
3204:11, 3208:25, 3221:16, 3234:4,
3234:5, 3235:7, 3252:1, 3262:10,
3275:23, 3280:14, 3282:25, 3283:6,
3288:2, 3296:20, 3297:14, 3299:10,
3309:4, 3316:22, 3333:3, 3348:3
differing [1] - 3267:15
difficult [3] - 3170:15, 3243:7, 3338:25
difficulties [1] - 3321:18
direct [7] - 3168:25, 3170:7, 3173:25,
3190:2, 3194:14, 3268:6, 3295:11
directing [2] - 3194:24
direction [1] - 3189:7
directly [2] - 3221:10, 3282:2
disagree [3] - 3156:25, 3224:10,
3225:10
disagrees [1] - 3225:5
discretion [2] - 3299:5
discuss [13] - 3163:10, 3168:4,
3196:4, 3198:15, 3250:19, 3250:20,
3250:21, 3251:6, 3255:16, 3305:16,
3305:17, 3350:6, 3350:9
discussed [10] - 3167:21, 3167:23,
3168:7, 3169:15, 3221:15, 3259:22,
3283:16, 3322:15, 3341:22, 3347:3
discussing [2] - 3168:5, 3261:8
discussion [1] - 3169:12
discussions [1] - 3305:18
disk [5] - 3236:3, 3241:13, 3241:14,
3241:22
display [3] - 3232:11, 3269:4, 3281:24

GR

disposal [1] - 3237:20


dispute [4] - 3261:5, 3261:11,
3261:14, 3261:17
distance [1] - 3177:6
distances [1] - 3177:3
distributing [2] - 3301:9, 3301:13
DISTRICT [3] - 3151:1, 3151:1,
3151:13
distrust [2] - 3278:16, 3278:17
docket [2] - 3152:13, 3155:1
Doctor [2] - 3332:19, 3333:15
document [14] - 3159:19, 3192:10,
3210:24, 3226:24, 3227:16, 3228:2,
3299:24, 3306:6, 3327:13, 3341:23,
3341:24, 3342:2, 3347:14
documentation [1] - 3333:19
documents [12] - 3174:10, 3174:15,
3174:17, 3174:19, 3174:22, 3175:14,
3192:23, 3193:3, 3202:4, 3222:8,
3256:9, 3307:7
dollar [2] - 3159:16, 3316:10
dollar-wise [1] - 3316:10
dollars [1] - 3316:11
Donald [5] - 3261:6, 3261:15, 3261:22,
3322:5, 3323:23
donate [1] - 3215:2
donating [2] - 3236:18, 3237:25
done [12] - 3198:9, 3210:23, 3247:25,
3253:14, 3269:15, 3282:6, 3293:17,
3297:8, 3304:5, 3323:5, 3333:15,
3351:16
door [2] - 3196:18, 3197:15
DORA [1] - 3151:13
double [5] - 3167:22, 3167:23, 3168:1,
3169:14
double-sided [1] - 3169:14
double-wall [2] - 3167:23, 3168:1
double-walled [2] - 3167:22, 3168:1
dovetail [1] - 3248:1
down [22] - 3162:8, 3186:19, 3190:15,
3236:10, 3239:24, 3240:7, 3260:15,
3279:22, 3281:23, 3281:24, 3305:22,
3307:1, 3326:5, 3333:18, 3334:13,
3336:16, 3337:10, 3339:3, 3343:5,
3343:6, 3350:8, 3350:12
download [11] - 3175:23, 3176:15,
3177:19, 3182:2, 3182:5, 3182:6,
3182:7, 3182:8, 3183:1, 3183:4
downloaded [4] - 3176:1, 3176:4,
3181:18, 3258:21
downloading [1] - 3182:19
dozen [1] - 3194:9
Dr [1] - 3252:24
dramatic [1] - 3166:8
draw [5] - 3218:18, 3262:4, 3300:4,
3305:4, 3349:16
drive [3] - 3328:16, 3330:9, 3333:12
driver [1] - 3288:20
drives [1] - 3331:2
driving [6] - 3316:20, 3316:21, 3318:4,

OCR

CM

CRR

3318:6, 3347:7, 3347:19


drop [2] - 3236:12
drove [1] - 3314:22
drug [4] - 3290:16, 3292:23, 3293:4,
3301:6
drugs [26] - 3282:19, 3288:1, 3288:5,
3288:19, 3288:20, 3288:22, 3289:4,
3289:5, 3289:19, 3293:14, 3294:11,
3304:25, 3312:24, 3314:3, 3314:10,
3314:13, 3314:16, 3314:18, 3314:19,
3314:22, 3315:3, 3315:4, 3315:8,
3315:10, 3315:11, 3315:13
drunk [2] - 3282:19, 3294:18
duly [1] - 3165:9
during [23] - 3153:13, 3157:17,
3162:19, 3167:17, 3171:5, 3175:12,
3186:24, 3204:12, 3218:20, 3219:12,
3231:2, 3231:5, 3236:16, 3251:2,
3258:20, 3283:3, 3288:18, 3290:3,
3303:12, 3303:14, 3304:15, 3305:9,
3331:1
DVD [3] - 3181:2, 3181:5, 3181:7
dying [1] - 3324:4

E
ear [2] - 3252:7, 3254:19
early [9] - 3161:19, 3252:5, 3254:15,
3261:5, 3345:8, 3345:9, 3348:6,
3348:14, 3349:24
earn [4] - 3308:19, 3308:22, 3311:22
earning [5] - 3314:2, 3316:8, 3316:15,
3316:18, 3317:4
ears [1] - 3169:1
Earth [17] - 3175:23, 3176:1, 3176:4,
3176:15, 3176:23, 3177:19, 3177:23,
3181:16, 3181:22, 3182:3, 3182:8,
3182:14, 3183:2, 3183:4, 3183:7,
3259:22, 3260:13
ease [1] - 3212:17
easier [2] - 3306:10, 3324:16
East [2] - 3151:19, 3152:1
eastern [1] - 3199:13
EASTERN [1] - 3151:1
easy [1] - 3305:21
economical [2] - 3268:1, 3268:12
education [3] - 3262:24, 3266:13,
3267:6
effect [1] - 3296:21
effort [2] - 3299:16, 3300:13
efforts [1] - 3300:9
eight [1] - 3180:24
either [5] - 3169:18, 3263:11, 3327:23,
3339:10, 3349:18
electronic [1] - 3239:20
element [2] - 3159:22, 3268:8
elephant [1] - 3201:15
elicit [5] - 3156:18, 3197:2, 3306:20,
3350:25

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 212 of 230 PageID #: 5634
9
eliciting [1] - 3196:3
employer [1] - 3195:18
encouraged [1] - 3328:8
end [9] - 3191:22, 3203:10, 3204:9,
3253:18, 3255:6, 3295:14, 3337:20,
3348:17, 3348:19
End [1] - 3209:2
ended [1] - 3339:10
ending [1] - 3348:6
ends [1] - 3309:6
enforcement [2] - 3252:16, 3252:22
engaging [3] - 3161:1, 3196:15,
3247:5
engineer [14] - 3170:8, 3170:9,
3170:14, 3170:25, 3171:6, 3171:9,
3171:17, 3171:18, 3171:21, 3171:22,
3172:3, 3172:6, 3172:11
enhance [1] - 3181:24
enjoy [1] - 3305:10
enlarge [1] - 3259:1
enlarged [2] - 3258:23, 3258:24
ensure [2] - 3252:20, 3350:25
entering [2] - 3164:6, 3257:19
enters [4] - 3228:8, 3228:10, 3307:6,
3307:10
entertain [1] - 3295:14
entire [1] - 3155:22
entirely [1] - 3203:11
entirety [1] - 3224:7
entrusted [1] - 3174:17
equipment [1] - 3240:1
especially [5] - 3223:8, 3223:9,
3224:6, 3225:12, 3348:16
espouse [1] - 3158:11
espousing [1] - 3222:9
ESQ [4] - 3151:21, 3151:21, 3151:24,
3151:24
essence [1] - 3224:12
essential [1] - 3159:9
essentially [3] - 3155:8, 3159:4,
3253:7
establish [4] - 3158:4, 3162:4,
3196:20, 3246:10
established [9] - 3222:7, 3222:10,
3272:8, 3293:22, 3293:24, 3329:18,
3329:19, 3329:21
estate [1] - 3216:24
et [1] - 3152:14
evening [1] - 3347:23
event [2] - 3161:11, 3290:3
events [3] - 3153:15, 3153:21, 3323:10
eventually [8] - 3173:2, 3210:7,
3210:8, 3214:17, 3250:5, 3273:17,
3327:21, 3340:8
Evidence [2] - 3159:14, 3159:21
evidence [42] - 3153:23, 3153:24,
3154:6, 3154:9, 3155:5, 3178:13,
3184:24, 3191:1, 3201:4, 3204:4,
3204:6, 3204:8, 3204:10, 3204:11,

GR

3204:12, 3208:9, 3211:17, 3221:3,


3223:23, 3224:22, 3225:22, 3226:6,
3227:9, 3227:15, 3227:17, 3227:24,
3241:8, 3246:6, 3249:2, 3250:4,
3255:12, 3262:13, 3264:8, 3279:9,
3285:14, 3285:16, 3305:5, 3306:8,
3306:15, 3317:24, 3329:24, 3341:24
exact [1] - 3157:15
exactly [37] - 3170:19, 3171:22,
3177:21, 3181:7, 3184:17, 3192:23,
3210:16, 3210:17, 3229:9, 3229:16,
3232:6, 3235:24, 3235:25, 3240:5,
3242:3, 3242:17, 3260:20, 3265:9,
3265:25, 3274:7, 3279:23, 3280:6,
3280:7, 3288:14, 3289:16, 3294:15,
3295:5, 3295:9, 3302:18, 3303:9,
3313:17, 3317:2, 3326:22, 3331:14,
3332:13, 3334:12
EXAMINATION [13] - 3165:11, 3188:1,
3220:1, 3258:14, 3262:20, 3296:1,
3307:23, 3319:1, 3353:6, 3353:7,
3353:9, 3353:11, 3353:13
examination [12] - 3162:19, 3164:22,
3168:25, 3228:18, 3247:18, 3250:18,
3253:17, 3258:6, 3305:15, 3307:18,
3347:25, 3350:5
examined [1] - 3165:10
example [2] - 3227:2, 3317:14
except [2] - 3239:3, 3257:6
exception [7] - 3221:10, 3222:25,
3223:20, 3223:25, 3224:1, 3224:16,
3225:1
exchange [1] - 3277:14
exchanged [3] - 3242:24, 3244:8,
3244:17
excited [1] - 3217:9
exclude [2] - 3159:3, 3159:7
excluded [1] - 3220:16
excuse [11] - 3156:14, 3159:25,
3178:1, 3184:12, 3208:12, 3233:20,
3248:15, 3284:4, 3286:25, 3337:13
exhibit [3] - 3199:20, 3240:15, 3264:8
Exhibit [18] - 3155:17, 3231:12,
3231:13, 3241:16, 3241:25, 3262:14,
3279:9, 3290:21, 3299:21, 3309:18,
3309:19, 3321:23, 3327:7, 3334:16,
3339:24, 3340:20, 3346:23
exhibits [3] - 3252:18, 3306:12,
3306:14
existence [3] - 3224:22, 3224:23,
3250:2
existing [3] - 3224:15, 3224:17,
3224:25
exited [2] - 3219:1, 3219:6
expect [3] - 3156:9, 3298:23, 3299:4
expected [1] - 3201:20
expecting [3] - 3153:4, 3283:25,
3324:1
expenditures [1] - 3316:23
expense [4] - 3317:7, 3317:8, 3317:12

OCR

CM

CRR

expensive [1] - 3191:24


expertise [1] - 3217:20
expired [1] - 3174:13
explain [8] - 3171:22, 3172:20,
3235:10, 3235:11, 3294:14, 3325:16,
3325:21, 3346:8
explained [4] - 3294:11, 3300:17,
3300:18, 3332:12
explains [1] - 3205:12
explanation [1] - 3339:1
explore [2] - 3295:5, 3343:24
explosion [2] - 3169:8, 3169:13
export [1] - 3192:6
express [2] - 3166:7, 3294:5
expressed [5] - 3230:15, 3230:16,
3278:13, 3278:16, 3281:18
expresses [1] - 3269:2
expressing [1] - 3269:1
Expressway [1] - 3214:19
extended [1] - 3237:18
extent [7] - 3235:11, 3244:16,
3244:25, 3293:12, 3294:5, 3297:18,
3319:6
extra [1] - 3323:9
eyes [1] - 3169:1

F
face [2] - 3249:13
facility [1] - 3311:25
facing [6] - 3282:2, 3287:8, 3302:1,
3302:9, 3302:10, 3308:6
fact [36] - 3160:16, 3167:5, 3167:13,
3169:3, 3169:6, 3169:11, 3169:18,
3170:7, 3171:4, 3175:19, 3190:7,
3196:15, 3201:25, 3202:2, 3212:16,
3213:14, 3214:5, 3220:24, 3221:19,
3222:6, 3225:12, 3237:17, 3249:3,
3275:14, 3279:22, 3292:25, 3293:4,
3296:14, 3301:3, 3303:17, 3314:3,
3326:16, 3332:17, 3333:14, 3334:5
factors [1] - 3233:3
facts [1] - 3338:13
faded [1] - 3178:25
fading [1] - 3179:4
fail [2] - 3299:1, 3304:8
failed [3] - 3303:16, 3313:1
failing [1] - 3304:7
fair [14] - 3170:15, 3175:19, 3182:6,
3185:22, 3239:17, 3240:13, 3240:23,
3241:4, 3244:19, 3252:17, 3262:9,
3265:12, 3288:15, 3343:23
faith [4] - 3245:3, 3299:16, 3300:8,
3300:13
familiar [1] - 3243:6
family [6] - 3174:18, 3192:17, 3241:1,
3251:4, 3346:16, 3349:19
far [9] - 3195:9, 3234:13, 3242:18,
3247:25, 3248:25, 3250:9, 3256:12,

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 213 of 230 PageID #: 5635
10
3295:13, 3343:18
farm [19] - 3172:25, 3176:8, 3176:12,
3177:10, 3177:11, 3177:20, 3182:13,
3182:17, 3183:8, 3186:7, 3186:22,
3191:6, 3204:19, 3210:14, 3211:10,
3211:14, 3216:17, 3263:4, 3263:6
Farm [3] - 3231:3, 3280:15, 3283:15
faster [3] - 3239:3, 3255:23, 3281:7
favors [1] - 3338:5
FBI [19] - 3169:1, 3194:16, 3194:18,
3195:5, 3195:7, 3195:9, 3229:24,
3230:1, 3230:6, 3230:21, 3232:4,
3232:5, 3232:6, 3233:14, 3235:5,
3235:12, 3276:24, 3277:10, 3317:7
February [4] - 3265:20, 3265:21,
3265:22, 3313:15
Federal [1] - 3151:22
federal [15] - 3294:19, 3295:4,
3297:22, 3298:13, 3301:4, 3301:6,
3301:9, 3308:25, 3309:12, 3309:13,
3310:22, 3310:24, 3311:3, 3312:5,
3312:7
fellow [1] - 3348:4
felony [2] - 3289:11, 3293:10
felt [2] - 3205:4, 3212:17
female [3] - 3242:3, 3242:4
few [5] - 3174:13, 3278:10, 3308:2,
3309:7, 3329:10
field [1] - 3293:15
fifteen [2] - 3305:19
fifth [2] - 3327:12, 3327:13
fighters [1] - 3221:24
figure [5] - 3179:11, 3198:17, 3253:11,
3278:23, 3351:10
file [2] - 3220:15, 3312:13
final [1] - 3211:10
finally [1] - 3285:10
financing [2] - 3161:1, 3248:24
fine [13] - 3156:2, 3176:17, 3183:18,
3196:11, 3227:21, 3228:1, 3228:4,
3250:8, 3255:3, 3306:11, 3306:16,
3351:22, 3352:3
finish [6] - 3232:23, 3253:22, 3345:6,
3348:14, 3351:10, 3351:15
finished [4] - 3210:24, 3296:6,
3334:18, 3335:1
finishes [1] - 3223:2
finishing [3] - 3195:11, 3223:10,
3223:15
first [54] - 3153:14, 3153:22, 3156:2,
3158:20, 3168:5, 3168:8, 3168:13,
3168:17, 3169:15, 3170:11, 3170:12,
3176:11, 3177:11, 3178:6, 3181:15,
3182:25, 3188:18, 3202:20, 3213:22,
3215:17, 3215:22, 3216:1, 3222:4,
3247:12, 3250:12, 3253:5, 3253:18,
3256:13, 3263:7, 3264:8, 3265:6,
3277:18, 3277:21, 3277:22, 3283:20,
3283:22, 3299:23, 3304:6, 3320:18,
3320:19, 3321:9, 3324:8, 3324:18,

GR

3324:23, 3324:24, 3325:13, 3327:11,


3333:22, 3334:18, 3335:1, 3335:3,
3340:14, 3340:24
five [11] - 3255:21, 3287:12, 3289:18,
3302:13, 3312:7, 3313:11, 3314:10,
3323:11, 3323:13, 3324:4, 3324:6
fix [2] - 3217:1, 3329:9
fixes [1] - 3216:25
flat [1] - 3347:18
flaw [1] - 3304:9
flight [1] - 3275:23
flow [1] - 3222:3
fly [1] - 3337:13
flyers [6] - 3193:5, 3193:7, 3193:9,
3193:19, 3193:20, 3248:23
flying [1] - 3337:12
focus [1] - 3162:15
folks [13] - 3160:5, 3186:25, 3187:6,
3189:5, 3190:12, 3198:13, 3202:7,
3205:1, 3205:3, 3264:18, 3264:22,
3265:7, 3266:19
follow [3] - 3162:2, 3191:2, 3191:4
followed [1] - 3249:7
follower [1] - 3162:4
following [9] - 3152:10, 3182:22,
3201:1, 3204:1, 3208:1, 3254:21,
3257:2, 3281:22, 3339:14
follows [1] - 3165:10
food [3] - 3315:25, 3330:8, 3348:11
foreseeable [1] - 3234:12
forget [1] - 3255:16
form [6] - 3190:6, 3211:7, 3213:8,
3268:21, 3305:4, 3349:16
formal [1] - 3193:22
formation [1] - 3169:12
forth [3] - 3212:17, 3312:15, 3333:17
forward [3] - 3196:10, 3270:6, 3285:23
foundation [3] - 3160:15, 3201:24,
3202:25
four [8] - 3153:6, 3154:6, 3242:18,
3242:21, 3252:2, 3305:10, 3321:24,
3322:8
fourth [3] - 3277:6, 3327:12, 3327:13
frame [1] - 3253:23
Francis [109] - 3153:13, 3160:13,
3160:17, 3161:6, 3164:22, 3165:15,
3168:3, 3168:19, 3169:3, 3170:15,
3172:5, 3173:15, 3178:1, 3178:14,
3178:15, 3178:22, 3180:19, 3182:20,
3185:1, 3185:8, 3190:2, 3190:7,
3191:5, 3198:3, 3200:13, 3201:10,
3202:1, 3202:8, 3204:15, 3208:3,
3210:3, 3210:19, 3210:25, 3213:24,
3215:15, 3216:5, 3217:16, 3217:23,
3219:3, 3220:25, 3221:2, 3222:11,
3225:19, 3225:23, 3227:9, 3227:14,
3228:6, 3228:19, 3228:20, 3228:25,
3234:2, 3234:4, 3238:8, 3240:18,
3242:11, 3247:5, 3247:14, 3247:20,
3248:21, 3250:18, 3251:16, 3255:23,

OCR

CM

CRR

3257:8, 3258:6, 3258:16, 3259:17,


3263:4, 3263:24, 3264:21, 3266:12,
3267:4, 3269:7, 3269:11, 3270:20,
3272:11, 3272:24, 3279:15, 3280:3,
3282:17, 3284:13, 3285:10, 3285:17,
3286:7, 3286:12, 3286:24, 3287:1,
3289:18, 3290:7, 3294:6, 3296:5,
3296:12, 3299:15, 3299:21, 3299:23,
3300:2, 3300:11, 3301:3, 3305:14,
3307:20, 3308:2, 3309:20, 3321:7,
3324:16, 3343:19, 3343:24, 3344:3,
3344:18, 3345:2, 3350:5
Francis's [1] - 3254:6
fraud [2] - 3196:15, 3247:9
Friday [24] - 3162:21, 3193:18, 3194:7,
3194:10, 3195:13, 3201:20, 3226:14,
3226:16, 3251:19, 3251:20, 3252:2,
3252:3, 3253:23, 3254:14, 3254:20,
3254:21, 3255:7, 3255:8, 3255:9,
3255:10, 3255:13, 3314:8, 3321:10,
3321:12
friend [1] - 3196:13
friends [4] - 3195:16, 3195:17,
3290:13, 3349:20
front [11] - 3178:16, 3179:3, 3201:3,
3208:8, 3222:19, 3227:23, 3237:3,
3299:23, 3310:7, 3317:21, 3320:12
frustrated [1] - 3201:25
frustration [1] - 3166:7
fulfil [1] - 3275:1
full [7] - 3194:12, 3220:22, 3235:21,
3235:22, 3240:7, 3311:9, 3320:12
full-time [1] - 3311:9
fully [1] - 3281:22
fund [1] - 3281:19
funded [2] - 3276:14, 3276:15
funding [1] - 3214:15
funds [1] - 3281:4
furniture [3] - 3243:15, 3243:16
furtherance [1] - 3222:18

G
gained [2] - 3170:10, 3226:19
gas [3] - 3318:2, 3318:5, 3318:7
gather [1] - 3153:22
gathered [1] - 3194:6
gathering [1] - 3193:22
gear [1] - 3179:19
gears [1] - 3163:1
Gene [1] - 3152:1
general [4] - 3156:20, 3182:10,
3238:19, 3253:11
generally [1] - 3214:13
gentlemen [10] - 3164:8, 3190:25,
3204:3, 3218:16, 3218:25, 3228:12,
3242:8, 3250:24, 3257:21, 3305:3
getaway [2] - 3301:21, 3301:24
given [14] - 3174:16, 3192:25,

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 214 of 230 PageID #: 5636
11
3198:20, 3202:21, 3225:7, 3233:9,
3253:23, 3254:21, 3277:1, 3277:12,
3319:20, 3320:1, 3351:9, 3351:25
God [3] - 3303:16, 3304:6, 3304:21
goods [5] - 3328:19, 3330:6, 3330:7,
3331:6, 3333:12
Google [19] - 3175:23, 3176:1, 3176:4,
3176:15, 3176:23, 3177:19, 3177:23,
3181:16, 3181:22, 3182:3, 3182:8,
3182:14, 3183:1, 3183:3, 3183:4,
3183:7, 3258:21, 3259:22, 3260:13
Government [12] - 3151:15, 3155:17,
3231:13, 3279:9, 3299:20, 3309:19,
3321:23, 3327:7, 3334:16, 3339:23,
3340:20, 3346:22
government [41] - 3153:11, 3154:9,
3155:3, 3155:16, 3156:1, 3158:16,
3158:22, 3196:2, 3198:21, 3202:8,
3202:22, 3220:14, 3220:15, 3221:2,
3222:1, 3223:18, 3223:22, 3224:11,
3241:18, 3241:20, 3246:17, 3247:14,
3248:2, 3249:11, 3249:20, 3250:19,
3252:16, 3253:2, 3253:4, 3253:12,
3257:25, 3296:17, 3297:18, 3297:22,
3302:4, 3305:16, 3343:14, 3344:7,
3350:7, 3350:8
Government's [1] - 3262:13
government's [5] - 3157:18, 3220:13,
3249:3, 3252:22, 3321:19
graduated [2] - 3212:20
grand [4] - 3290:7, 3292:3, 3292:18,
3310:3
granted [1] - 3201:18
graphic [1] - 3249:10
great [10] - 3156:17, 3203:9, 3217:21,
3316:22, 3319:6, 3319:7, 3319:24,
3320:7, 3328:7, 3328:8
greater [2] - 3332:20, 3333:13
Greenheart [1] - 3180:14
greetings [2] - 3180:21, 3242:24
grounded [2] - 3212:14, 3212:15
group [3] - 3216:9, 3216:14, 3217:1
groups [1] - 3221:14
grown [1] - 3251:5
grown-ups [1] - 3251:5
guess [2] - 3201:7, 3215:10
guidance [1] - 3267:23
guidelines [1] - 3298:24
guilty [6] - 3289:25, 3290:1, 3293:10,
3294:18, 3295:5, 3308:3
guy [5] - 3203:8, 3216:20, 3280:16,
3280:17, 3315:14
Guyana [67] - 3176:7, 3176:12,
3180:12, 3181:6, 3182:11, 3182:15,
3192:7, 3197:1, 3213:5, 3217:18,
3217:24, 3227:5, 3228:25, 3229:3,
3230:17, 3230:19, 3230:20, 3230:22,
3230:25, 3236:9, 3236:14, 3237:15,
3237:17, 3237:18, 3238:10, 3238:15,
3238:17, 3238:18, 3238:23, 3239:1,

GR

3239:17, 3240:7, 3244:4, 3244:11,


3250:2, 3258:17, 3260:15, 3261:17,
3324:20, 3327:24, 3328:4, 3328:6,
3328:9, 3328:11, 3329:9, 3329:11,
3329:24, 3330:7, 3330:22, 3330:24,
3331:10, 3331:22, 3336:14, 3337:3,
3337:13, 3338:11, 3338:21, 3338:23,
3339:3, 3339:5, 3341:14, 3343:15,
3344:25, 3345:4, 3346:10, 3347:20
Guyanese [1] - 3330:25

H
Hair [1] - 3336:11
haircutting [1] - 3311:18
half [7] - 3154:23, 3158:24, 3159:6,
3226:14, 3254:7, 3348:9, 3348:14
halfway [1] - 3309:13
hamper [1] - 3351:18
hand [2] - 3163:1, 3291:2
handed [5] - 3153:5, 3153:10,
3219:13, 3256:4, 3292:3
handful [1] - 3194:9
handing [1] - 3210:21
handing) [2] - 3199:4, 3231:16
handle [1] - 3208:11
handled [1] - 3234:17
handler [2] - 3161:6, 3254:6
handlers [1] - 3235:3
handling [3] - 3278:17, 3314:3, 3315:7
hands [1] - 3233:23
handy [2] - 3185:24, 3190:1
happy [1] - 3247:20
hard [4] - 3241:10, 3241:12, 3246:4,
3299:10
hatchery [3] - 3160:6, 3186:25, 3187:6
hate [1] - 3304:18
head [1] - 3279:25
headed [1] - 3344:1
headphones [2] - 3201:6, 3201:7
heads [1] - 3307:2
heads-up [1] - 3307:2
hear [9] - 3160:2, 3201:7, 3204:20,
3223:18, 3251:8, 3272:13, 3294:15,
3323:1, 3326:13
heard [16] - 3160:8, 3163:6, 3197:7,
3218:8, 3223:17, 3246:21, 3247:13,
3267:5, 3270:7, 3271:5, 3308:13,
3319:8, 3320:3, 3320:6, 3320:19,
3349:17
hearing [3] - 3189:25, 3225:16, 3256:1
hearsay [17] - 3160:20, 3163:4,
3197:11, 3201:23, 3203:4, 3221:11,
3222:20, 3222:25, 3223:20, 3223:25,
3224:1, 3224:16, 3343:3, 3344:2,
3344:13, 3344:18, 3344:21
heart [2] - 3156:7, 3304:18
heavily [1] - 3174:10
held [2] - 3264:5, 3293:17

OCR

CM

CRR

help [32] - 3170:17, 3191:2, 3191:4,


3192:13, 3193:4, 3202:4, 3202:19,
3206:19, 3214:1, 3214:7, 3217:18,
3217:21, 3230:13, 3247:7, 3247:19,
3275:3, 3289:4, 3289:8, 3304:2,
3320:9, 3328:14, 3328:24, 3330:11,
3332:25, 3333:20, 3334:13, 3338:23,
3338:25, 3339:7, 3339:9, 3339:25
helpful [1] - 3327:14
helping [5] - 3268:7, 3268:24,
3275:15, 3333:11, 3339:10
helps [2] - 3179:11, 3294:14
Hezbollah [6] - 3227:2, 3227:3,
3269:21, 3270:12, 3270:22, 3272:2
high [8] - 3282:19, 3308:6, 3334:6,
3335:14, 3346:9, 3346:12, 3347:2,
3347:6
high-tech [5] - 3335:14, 3346:9,
3346:12, 3347:2, 3347:6
higher [1] - 3294:10
himself [7] - 3174:17, 3192:16,
3208:16, 3232:1, 3243:22, 3275:22,
3303:16
Hindi [1] - 3248:25
history [2] - 3249:18, 3293:1
Hoie [1] - 3214:18
HOIE [1] - 3214:18
hold [7] - 3162:20, 3203:7, 3205:6,
3248:4, 3250:24, 3317:5, 3317:6
holidays [1] - 3337:7
home [9] - 3165:18, 3165:22, 3167:17,
3248:16, 3280:10, 3280:11, 3349:25,
3350:1, 3351:16
honest [2] - 3220:25, 3221:1
Honor [38] - 3152:16, 3152:22,
3153:18, 3154:5, 3154:21, 3154:24,
3155:13, 3156:8, 3158:20, 3158:25,
3159:7, 3159:15, 3163:7, 3163:24,
3164:18, 3164:19, 3164:20, 3220:18,
3225:6, 3228:7, 3228:15, 3228:16,
3228:17, 3231:14, 3253:3, 3254:4,
3255:5, 3257:5, 3257:7, 3258:1,
3258:3, 3258:4, 3307:14, 3307:15,
3342:4, 3343:2, 3346:4, 3347:23
HONORABLE [1] - 3151:13
hope [8] - 3164:9, 3164:11, 3219:8,
3252:25, 3253:17, 3257:21, 3343:9,
3350:19
horse [1] - 3294:12
hot [2] - 3331:5, 3333:11
Hotel [1] - 3229:10
hotel [1] - 3229:17
hour [3] - 3226:14, 3348:9, 3348:14
hours [5] - 3155:23, 3156:15, 3235:22,
3250:12, 3260:4
house [23] - 3158:4, 3168:5, 3178:7,
3242:23, 3242:25, 3243:7, 3243:9,
3243:14, 3243:18, 3249:23, 3258:17,
3260:16, 3261:19, 3261:20, 3261:21,
3261:24, 3261:25, 3287:18, 3287:25,

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 215 of 230 PageID #: 5637
12
3288:25, 3309:13, 3314:24, 3315:3
houses [2] - 3216:23, 3217:1
hum [5] - 3158:12, 3162:6, 3162:9,
3162:10
human [1] - 3304:8
hundreds [1] - 3319:4
Hussein [30] - 3158:3, 3158:13,
3159:12, 3160:10, 3160:16, 3161:5,
3161:10, 3161:11, 3161:15, 3161:17,
3161:19, 3161:21, 3162:6, 3162:9,
3162:10, 3163:3, 3221:11, 3221:13,
3222:11, 3222:23, 3223:2, 3224:13,
3227:6, 3243:19, 3243:24, 3243:25,
3244:2, 3244:3, 3244:11, 3244:14
Hussein's [3] - 3158:10, 3222:20,
3223:21
hypothesized [1] - 3190:2

I
I.D [2] - 3198:20, 3207:3
Ibal [4] - 3195:10, 3195:14, 3195:15
Ibrahim [14] - 3167:6, 3167:9, 3167:13,
3273:17, 3273:20, 3273:22, 3273:25,
3274:2, 3274:6, 3283:17, 3284:14,
3284:18, 3284:20, 3285:2
idea [12] - 3203:9, 3205:3, 3212:1,
3216:2, 3226:23, 3254:16, 3260:5,
3283:20, 3283:22, 3285:8, 3299:4,
3351:19
ideas [2] - 3260:5
identification [5] - 3198:23, 3204:5,
3210:19, 3241:10, 3290:22
identify [4] - 3176:7, 3199:16,
3246:18, 3320:21
identifying [1] - 3256:4
illegal [2] - 3312:24, 3314:3
image [1] - 3181:25
imagine [1] - 3243:6
Imam [1] - 3222:1
immediate [1] - 3163:14
immediately [1] - 3278:8
impact [2] - 3294:7
impeach [1] - 3293:9
impeaches [1] - 3202:14
impeaching [4] - 3202:13, 3202:14,
3208:24, 3310:13
impeachment [2] - 3209:1, 3256:14
implicit [1] - 3224:8
important [8] - 3162:8, 3174:1,
3197:12, 3200:6, 3230:17, 3266:4,
3274:22, 3338:17
importing [1] - 3180:12
impossible [2] - 3339:12
in-between [1] - 3265:22
inadmissible [4] - 3159:8, 3159:12,
3159:13, 3344:11
inadvertently [1] - 3208:12
inappropriate [3] - 3201:10, 3208:10

GR

Inc [1] - 3224:21


incentive [1] - 3293:13
inclined [1] - 3193:12
include [3] - 3223:22, 3224:24,
3289:14
including [4] - 3157:21, 3220:22,
3301:20, 3330:8
income [1] - 3313:22
inconsistent [3] - 3203:13, 3203:15,
3208:13
indicate [2] - 3222:15, 3222:17
individual [3] - 3212:9, 3212:11,
3239:2
inform [1] - 3173:1
informant [5] - 3276:25, 3316:6,
3343:14, 3344:4, 3344:22
information [17] - 3160:3, 3171:20,
3171:25, 3173:4, 3173:14, 3183:15,
3188:21, 3239:24, 3263:13, 3266:14,
3267:7, 3279:4, 3280:17, 3343:16,
3344:14, 3344:15, 3344:23
informed [4] - 3175:22, 3188:22,
3189:7, 3253:1
informing [3] - 3158:1, 3162:16,
3343:17
initial [1] - 3155:17
inmates [1] - 3308:21
innocent [2] - 3158:8, 3221:14
input [2] - 3156:21, 3268:3
inquire [2] - 3172:3, 3228:23
inquiring [1] - 3192:5
inside [1] - 3243:13
insofar [1] - 3232:17
instance [2] - 3186:6, 3256:13
instances [2] - 3195:2, 3293:16
instead [8] - 3153:17, 3177:22,
3211:25, 3212:2, 3212:3, 3252:19,
3317:1, 3317:4
institutions [11] - 3225:24, 3226:23,
3227:4, 3269:24, 3270:2, 3270:3,
3270:8, 3270:22, 3286:9
instructed [4] - 3206:22, 3231:1,
3233:5, 3234:1
instructing [2] - 3226:21, 3268:17
instruction [2] - 3175:24, 3253:3
instructions [17] - 3182:22, 3192:16,
3204:10, 3207:2, 3213:18, 3230:23,
3233:2, 3233:8, 3234:18, 3253:5,
3253:6, 3253:7, 3258:24, 3268:11,
3315:6, 3338:2, 3339:14
instructs [1] - 3225:23
intact [1] - 3195:7
intent [7] - 3159:23, 3160:23, 3163:4,
3224:5, 3224:16, 3224:18, 3225:2
intention [3] - 3196:7, 3196:19,
3224:22
interact [1] - 3242:24
interaction [1] - 3278:20
interest [10] - 3172:24, 3206:9,
3206:10, 3214:15, 3230:16, 3238:4,

OCR

CM

CRR

3250:3, 3269:4, 3286:12, 3296:12


interested [39] - 3157:19, 3160:4,
3160:5, 3177:23, 3184:7, 3184:8,
3188:3, 3189:6, 3190:12, 3198:4,
3198:13, 3202:7, 3202:10, 3205:9,
3236:18, 3247:5, 3247:8, 3249:8,
3249:21, 3263:11, 3263:14, 3263:17,
3263:19, 3263:20, 3264:16, 3264:18,
3264:23, 3265:8, 3266:2, 3266:20,
3266:21, 3267:3, 3272:8, 3273:20,
3285:19, 3326:10, 3329:4, 3329:7
interesting [1] - 3249:11
intermingling [1] - 3250:7
Internet [3] - 3329:9, 3329:12, 3329:14
interpret [2] - 3269:16, 3323:22
interpretation [1] - 3203:17
interpreted [3] - 3160:6, 3323:16,
3323:19
interpreting [1] - 3202:11
interrupt [1] - 3252:9
interrupted [1] - 3202:3
interrupting [1] - 3252:12
interspersed [1] - 3246:24
introduce [9] - 3155:24, 3220:7,
3224:13, 3246:3, 3246:17, 3275:7,
3275:11, 3330:13, 3344:6
introduced [7] - 3214:20, 3222:4,
3223:23, 3336:7, 3336:10, 3337:24,
3344:7
introducing [2] - 3224:24, 3344:10
introduction [2] - 3185:14, 3186:1
introductory [1] - 3185:22
intruder [1] - 3222:15
investigation [2] - 3317:12, 3320:24
investigations [1] - 3318:6
Investigator [1] - 3152:19
investing [1] - 3230:6
investors [1] - 3230:5
invitation [1] - 3237:15
invited [1] - 3230:18
involve [2] - 3293:19, 3335:10
involved [29] - 3160:14, 3192:18,
3194:15, 3205:2, 3213:25, 3214:18,
3222:14, 3264:13, 3276:14, 3281:25,
3288:7, 3288:16, 3297:11, 3297:15,
3301:9, 3313:15, 3313:19, 3320:23,
3331:11, 3331:23, 3331:24, 3333:24,
3334:8, 3334:10, 3335:9, 3336:18,
3336:20, 3336:21, 3336:25
involvement [1] - 3288:12
involves [3] - 3293:18, 3301:6, 3334:6
involving [1] - 3294:21
Iran [14] - 3158:13, 3168:15, 3169:20,
3170:3, 3188:19, 3189:1, 3244:4,
3244:8, 3244:14, 3244:15, 3284:14,
3284:19, 3285:3, 3285:8
IRIZARRY [1] - 3151:13
irrelevant [4] - 3159:8, 3223:21,
3249:19, 3293:24
Islam [6] - 3161:14, 3226:21, 3227:4,

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 216 of 230 PageID #: 5638
13
3260:6, 3267:15, 3269:15
Islamic [2] - 3328:8, 3330:15
issue [35] - 3155:3, 3155:8, 3155:13,
3156:25, 3157:2, 3157:16, 3158:23,
3161:12, 3162:15, 3162:16, 3168:4,
3196:16, 3196:23, 3197:6, 3197:23,
3201:9, 3203:5, 3214:6, 3214:11,
3219:8, 3226:15, 3247:13, 3248:1,
3248:18, 3248:19, 3249:15, 3249:17,
3250:9, 3253:2, 3295:10, 3306:17,
3324:3, 3345:5, 3351:2
issues [3] - 3234:4, 3306:20, 3306:23
item [2] - 3191:24, 3191:25
items [7] - 3204:3, 3204:5, 3315:25,
3329:4, 3329:5, 3330:8, 3330:16
itself [2] - 3169:8, 3191:1
IV [1] - 3199:16

J
jail [15] - 3276:8, 3294:8, 3302:18,
3304:24, 3308:17, 3308:19, 3308:22,
3309:8, 3310:19, 3311:6, 3311:9,
3311:15, 3311:17, 3312:4, 3313:9
jam [1] - 3216:14
JAM [1] - 3216:14
Jamaica [1] - 3214:19
January [2] - 3261:9, 3313:15
Japanese [1] - 3191:13
JASON [1] - 3151:17
Jason [1] - 3152:17
Jersey [7] - 3290:3, 3292:7, 3292:9,
3292:15, 3292:20, 3296:8, 3314:22
JFK [25] - 3157:21, 3172:23, 3177:9,
3177:20, 3182:3, 3182:18, 3212:10,
3214:4, 3263:6, 3264:16, 3268:13,
3270:17, 3275:10, 3280:15, 3281:19,
3281:24, 3317:15, 3332:6, 3333:25,
3334:10, 3335:9, 3335:11, 3335:12,
3336:20, 3347:19
job [6] - 3275:1, 3317:1, 3317:4,
3317:5, 3317:6, 3326:17
Johnson [1] - 3287:20
join [1] - 3282:4
joined [2] - 3152:18, 3158:6
JONES [62] - 3151:17, 3152:16,
3153:18, 3154:5, 3154:12, 3154:18,
3154:21, 3155:18, 3157:6, 3157:9,
3158:20, 3159:24, 3160:12, 3163:24,
3164:2, 3164:18, 3166:19, 3169:21,
3171:14, 3189:12, 3189:22, 3197:11,
3199:25, 3201:9, 3201:22, 3202:13,
3205:13, 3208:23, 3214:9, 3217:4,
3223:19, 3224:10, 3227:13, 3228:7,
3228:15, 3237:6, 3237:11, 3241:21,
3241:24, 3245:4, 3246:13, 3248:14,
3256:2, 3257:5, 3258:1, 3264:19,
3265:2, 3266:8, 3290:23, 3292:22,
3294:7, 3294:25, 3299:13, 3299:18,

GR

3301:1, 3304:13, 3305:21, 3307:14,


3341:15, 3342:4, 3343:2, 3343:11
Jones [3] - 3152:17, 3159:18, 3314:8
JTTF [3] - 3315:21, 3316:6, 3317:7
Juan [1] - 3289:14
judge [32] - 3156:8, 3157:10, 3161:5,
3163:5, 3163:20, 3178:13, 3179:10,
3180:7, 3208:6, 3241:7, 3262:12,
3262:16, 3279:8, 3290:20, 3293:7,
3296:23, 3299:5, 3300:25, 3302:21,
3303:3, 3303:4, 3303:6, 3303:7,
3303:15, 3303:16, 3303:17, 3303:18,
3303:21, 3303:23, 3303:24, 3304:1,
3304:15
JUDGE [1] - 3151:13
Judge [43] - 3153:2, 3153:9, 3153:25,
3156:6, 3156:11, 3156:19, 3159:17,
3160:12, 3160:16, 3161:15, 3162:4,
3163:12, 3163:16, 3175:8, 3179:2,
3179:18, 3179:24, 3184:12, 3184:23,
3184:24, 3190:16, 3198:9, 3198:22,
3207:3, 3208:18, 3210:18, 3211:16,
3215:18, 3218:14, 3219:17, 3220:9,
3223:6, 3224:10, 3226:18, 3228:4,
3228:24, 3234:7, 3246:16, 3258:8,
3279:12, 3292:12, 3295:3, 3310:10
judged [1] - 3221:3
July [8] - 3151:9, 3255:4, 3324:24,
3325:2, 3325:11, 3326:6, 3326:7,
3336:6
Jumar [3] - 3193:19, 3193:22, 3194:7
jumar [1] - 3194:4
June [3] - 3325:3, 3325:10, 3326:7
JUROR [1] - 3164:14
juror [1] - 3252:10
jurors [11] - 3164:16, 3185:5, 3189:24,
3198:10, 3228:13, 3248:12, 3257:23,
3262:18, 3294:15, 3307:12, 3348:4
Jury [4] - 3228:10, 3251:14, 3307:10,
3350:2
jury [44] - 3151:13, 3152:10, 3160:1,
3162:20, 3162:24, 3164:5, 3164:6,
3178:17, 3184:20, 3197:3, 3201:3,
3201:8, 3201:14, 3208:8, 3219:1,
3220:4, 3220:7, 3221:1, 3221:4,
3226:15, 3227:23, 3228:9, 3242:6,
3252:4, 3253:3, 3253:21, 3253:24,
3256:1, 3257:2, 3257:10, 3257:18,
3257:19, 3287:25, 3290:7, 3292:3,
3292:18, 3293:5, 3295:8, 3299:22,
3305:12, 3306:2, 3307:4, 3310:4,
3350:4
jury's [1] - 3155:5
justifiable [1] - 3161:13
justify [1] - 3269:5

K
Kadir [206] - 3151:25, 3153:1, 3153:3,

OCR

CM

CRR

3155:7, 3156:19, 3157:4, 3158:2,


3158:6, 3158:9, 3158:17, 3160:21,
3161:3, 3161:7, 3161:12, 3161:20,
3161:25, 3162:5, 3162:6, 3162:9,
3165:14, 3165:18, 3165:21, 3166:14,
3166:24, 3167:17, 3167:25, 3168:2,
3168:16, 3169:4, 3169:7, 3169:19,
3169:24, 3170:7, 3170:21, 3171:7,
3171:17, 3171:23, 3172:12, 3172:23,
3174:11, 3174:16, 3174:21, 3175:13,
3175:17, 3175:22, 3181:2, 3181:18,
3182:2, 3182:9, 3184:13, 3184:16,
3186:6, 3186:18, 3187:5, 3188:23,
3189:3, 3189:15, 3189:17, 3190:2,
3190:8, 3190:12, 3190:17, 3196:14,
3197:7, 3198:12, 3198:17, 3199:8,
3199:24, 3202:2, 3202:5, 3202:6,
3202:9, 3202:11, 3203:3, 3203:6,
3203:8, 3204:15, 3204:21, 3204:23,
3204:25, 3205:11, 3205:16, 3205:19,
3206:8, 3211:22, 3212:1, 3212:2,
3212:4, 3212:14, 3212:15, 3212:16,
3212:18, 3212:19, 3212:22, 3213:4,
3213:11, 3214:6, 3214:12, 3214:25,
3215:5, 3215:21, 3216:6, 3216:7,
3217:3, 3217:8, 3217:23, 3218:5,
3218:9, 3220:25, 3221:12, 3221:13,
3223:1, 3223:9, 3225:8, 3225:21,
3225:22, 3226:20, 3226:25, 3227:6,
3228:19, 3231:23, 3236:19, 3237:24,
3238:2, 3238:9, 3238:11, 3238:14,
3238:16, 3239:3, 3239:7, 3239:10,
3239:12, 3239:13, 3241:1, 3243:22,
3244:1, 3244:6, 3244:12, 3244:17,
3244:18, 3244:22, 3245:1, 3246:19,
3247:4, 3247:15, 3247:20, 3247:24,
3248:3, 3248:15, 3249:8, 3249:21,
3250:7, 3254:10, 3254:11, 3258:20,
3259:4, 3260:4, 3260:13, 3260:21,
3262:5, 3262:23, 3263:8, 3264:17,
3264:22, 3264:24, 3265:6, 3266:1,
3266:12, 3267:16, 3267:21, 3267:22,
3267:25, 3268:2, 3268:7, 3268:11,
3268:14, 3268:16, 3268:23, 3269:20,
3270:1, 3270:3, 3270:20, 3272:6,
3272:15, 3273:1, 3273:20, 3273:25,
3274:4, 3274:8, 3274:12, 3277:2,
3283:4, 3283:7, 3283:12, 3283:24,
3284:7, 3284:9, 3284:10, 3285:5,
3285:17, 3285:22, 3286:1, 3286:7,
3306:13
KADIR [1] - 3151:8
Kadir's [20] - 3154:25, 3156:21,
3159:21, 3160:2, 3163:4, 3166:5,
3168:5, 3169:12, 3220:23, 3222:6,
3223:1, 3224:15, 3240:8, 3242:2,
3242:13, 3250:3, 3258:17, 3264:11,
3274:5, 3277:15
KAFAHNI [1] - 3151:24
KAMDANG [2] - 3151:21, 3251:19

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 217 of 230 PageID #: 5639
14
Kamdang [2] - 3152:23, 3254:5
Kareem [2] - 3273:17, 3273:20
Katana [2] - 3191:13
keep [17] - 3153:11, 3187:8, 3187:9,
3188:14, 3189:25, 3196:10, 3196:11,
3206:7, 3218:18, 3251:1, 3251:10,
3253:1, 3268:16, 3281:2, 3304:11,
3317:23, 3352:1
kept [1] - 3208:14
Khoe [1] - 3193:20
Khomeni [1] - 3222:1
kids [1] - 3251:4
kill [2] - 3223:3, 3223:7
killing [3] - 3158:8, 3221:14, 3223:8
kilo [1] - 3287:12
kilograms [1] - 3294:21
kilos [11] - 3289:18, 3290:4, 3292:6,
3292:9, 3292:14, 3292:19, 3292:24,
3293:23, 3296:7, 3314:10, 3314:13
kind [12] - 3171:17, 3171:22, 3172:6,
3172:11, 3191:3, 3218:21, 3218:22,
3227:23, 3252:5, 3267:23, 3349:20,
3349:21
kinds [5] - 3196:18, 3204:11, 3251:6,
3330:11, 3330:15
knowing [2] - 3184:8, 3224:7
knowledge [15] - 3170:10, 3170:18,
3170:20, 3173:1, 3216:16, 3218:7,
3239:22, 3240:1, 3244:8, 3244:17,
3244:22, 3244:24, 3245:2, 3274:6,
3281:24
knowledgeable [2] - 3216:22, 3244:3
known [1] - 3196:25
knows [4] - 3197:7, 3216:6, 3222:11,
3292:6

L
Laden [3] - 3221:17, 3223:4, 3223:7
Ladies [1] - 3204:3
ladies [9] - 3164:8, 3190:25, 3218:16,
3218:25, 3228:12, 3242:8, 3250:24,
3257:21, 3305:3
laid [1] - 3201:25
land [8] - 3192:15, 3192:20, 3192:21,
3218:1, 3218:3, 3247:16, 3335:12
landing [1] - 3276:11
landmarks [1] - 3177:21
large [2] - 3289:23, 3301:10
larger [1] - 3194:9
last [10] - 3165:17, 3212:22, 3267:2,
3294:23, 3300:6, 3314:8, 3322:12,
3334:17, 3341:5, 3346:23
lasted [1] - 3288:14
lasts [1] - 3337:14
late [2] - 3159:16, 3278:4
law [4] - 3242:15, 3252:16, 3252:22,
3293:8
lawyer [1] - 3300:17

GR

lay [2] - 3160:15, 3202:24


lead [3] - 3220:24, 3299:11, 3300:9
leader [3] - 3156:22, 3157:5, 3157:13
leads [1] - 3300:14
learn [6] - 3237:16, 3276:9, 3311:22,
3325:16, 3344:24, 3345:3
learned [7] - 3170:24, 3171:2,
3214:22, 3265:6, 3304:16, 3328:3,
3329:11
least [13] - 3153:14, 3178:19, 3220:21,
3227:19, 3248:11, 3249:6, 3252:15,
3252:21, 3253:11, 3330:10, 3341:11,
3343:15, 3351:10
leave [4] - 3153:18, 3251:12, 3253:25,
3349:3
leaves [4] - 3251:14, 3305:12, 3350:2,
3350:18
leaving [3] - 3202:19, 3221:18,
3263:21
Lebanon [1] - 3227:3
led [1] - 3273:17
left [7] - 3156:7, 3156:15, 3165:17,
3258:16, 3261:11, 3324:21, 3340:17
legitimate [1] - 3249:4
legitimizing [1] - 3247:10
Len [1] - 3152:23
LEN [1] - 3151:21
length [3] - 3199:6, 3288:12, 3303:13
lengthy [1] - 3159:20
less [10] - 3212:13, 3296:16, 3298:23,
3311:16, 3316:11, 3316:12, 3316:13,
3316:16, 3316:17, 3317:3
lesson [1] - 3272:24
letter [4] - 3195:18, 3196:5, 3253:7,
3303:22
level [1] - 3344:18
levels [1] - 3343:3
Levitt [2] - 3252:24, 3351:7
license [6] - 3311:20, 3311:21,
3311:23, 3311:24, 3312:2, 3312:3
lie [4] - 3160:7, 3202:12, 3293:18,
3303:14
life [13] - 3162:1, 3162:2, 3162:3,
3162:10, 3287:9, 3294:9, 3294:10,
3296:16, 3302:12, 3302:13, 3304:22,
3308:6
lift [1] - 3328:22
light [1] - 3225:12
limit [1] - 3305:17
Linden [1] - 3245:2
line [14] - 3161:18, 3162:10, 3179:16,
3208:12, 3208:13, 3211:16, 3215:17,
3221:13, 3221:17, 3223:16, 3292:18,
3294:6, 3296:5, 3300:6
lion [1] - 3223:3
listed [1] - 3200:10
listen [16] - 3186:4, 3200:5, 3218:22,
3251:8, 3266:10, 3269:2, 3269:5,
3271:3, 3305:7, 3319:12, 3319:15,
3319:16, 3319:21, 3320:1, 3321:4,

OCR

CM

CRR

3349:20
listened [9] - 3199:6, 3319:15,
3319:17, 3319:21, 3319:24, 3320:2,
3320:8, 3320:9, 3320:15
listening [12] - 3157:25, 3158:11,
3160:16, 3160:19, 3171:10, 3204:25,
3217:15, 3223:11, 3235:15, 3270:25,
3271:4, 3320:20
litigation [4] - 3154:15, 3154:17,
3158:23, 3224:21
live [5] - 3216:8, 3243:9, 3304:22,
3316:9, 3317:1
lived [1] - 3308:14
lives [1] - 3222:8
living [3] - 3282:1, 3312:17, 3338:7
locate [1] - 3183:7
location [5] - 3192:14, 3194:11,
3230:1, 3243:5, 3288:21
locked [1] - 3321:20
look [48] - 3162:19, 3162:22, 3163:9,
3166:12, 3176:6, 3177:20, 3178:20,
3199:4, 3199:6, 3199:20, 3200:2,
3202:18, 3203:7, 3210:21, 3210:23,
3213:2, 3218:22, 3218:24, 3237:3,
3240:24, 3241:5, 3243:13, 3251:5,
3255:5, 3255:17, 3256:5, 3264:8,
3296:5, 3296:6, 3305:7, 3321:17,
3321:22, 3321:23, 3325:1, 3325:7,
3325:10, 3326:16, 3327:11, 3328:21,
3330:22, 3330:24, 3334:17, 3340:15,
3341:2, 3341:5, 3342:1, 3347:12,
3349:20
looked [2] - 3200:2, 3326:19
looking [18] - 3173:3, 3177:22,
3182:11, 3189:25, 3200:8, 3210:24,
3230:4, 3235:14, 3241:3, 3243:6,
3247:8, 3247:18, 3249:6, 3259:6,
3272:5, 3329:8, 3330:2, 3330:6
looks [5] - 3243:6, 3243:14, 3248:13,
3249:25, 3254:16
LORETTA [1] - 3151:15
lose [1] - 3309:4
lost [2] - 3201:2, 3311:2
loud [1] - 3300:7
Louie [14] - 3161:6, 3168:23, 3169:3,
3169:5, 3169:6, 3169:11, 3169:14,
3169:18, 3169:24, 3170:2, 3186:14,
3189:8, 3235:4, 3335:17
love [1] - 3203:9
low [1] - 3240:12
lower [3] - 3303:19, 3303:21, 3304:3
lunch [7] - 3251:2, 3255:19, 3257:22,
3258:16, 3348:8, 3349:5, 3349:6
Luncheon [1] - 3256:15
lunches [2] - 3250:14, 3250:23
lying [1] - 3202:9
LYNCH [1] - 3151:15

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 218 of 230 PageID #: 5640
15
M
machine [1] - 3236:1
machinery [1] - 3208:11
magazine [1] - 3330:25
Majid [2] - 3214:18, 3214:21
major [3] - 3214:15, 3272:2, 3293:4
man [23] - 3158:3, 3159:11, 3161:8,
3162:2, 3162:5, 3212:20, 3222:8,
3230:10, 3230:12, 3230:21, 3231:6,
3232:1, 3232:15, 3236:17, 3236:24,
3237:8, 3242:11, 3243:3, 3247:5,
3276:24, 3277:10, 3289:14, 3301:17
Manhattan [1] - 3330:16
manner [1] - 3293:18
manpower [1] - 3268:1
map [12] - 3158:6, 3161:8, 3177:4,
3258:21, 3258:23, 3259:1, 3259:7,
3259:22, 3260:9, 3260:21, 3260:22,
3260:25
maps [1] - 3260:12
March [6] - 3184:9, 3184:13, 3199:18,
3199:23, 3206:14, 3265:20
mark [7] - 3198:22, 3210:18, 3231:11,
3306:8, 3306:14, 3306:15, 3309:18
marked [16] - 3154:10, 3204:5, 3241:7,
3241:9, 3241:15, 3241:17, 3279:9,
3290:20, 3306:6, 3310:7, 3327:7,
3334:16, 3338:15, 3339:23, 3340:20,
3346:22
marking [1] - 3322:9
marshal [1] - 3191:14
MARSHALL [1] - 3151:16
Marshall [1] - 3152:17
martyr [2] - 3323:24, 3324:7
masjid [3] - 3192:13, 3193:6, 3218:6
Masjid [2] - 3217:19, 3231:7
Masood [6] - 3322:5, 3322:16, 3323:5,
3323:23, 3324:9, 3324:13
Masood's [1] - 3261:19
Massood [5] - 3336:8, 3337:18,
3339:4, 3339:7, 3340:6
material [5] - 3192:3, 3201:16,
3222:11, 3306:7, 3306:18
materials [1] - 3328:11
matter [22] - 3160:18, 3168:7, 3173:10,
3177:7, 3177:20, 3202:3, 3211:13,
3212:8, 3220:23, 3224:4, 3230:4,
3237:18, 3238:6, 3266:25, 3283:18,
3293:21, 3303:23, 3332:16, 3339:9,
3346:9, 3352:5
matters [7] - 3162:23, 3196:18,
3251:25, 3288:24, 3289:2, 3333:3,
3348:21
mean [27] - 3153:10, 3168:9, 3172:21,
3175:7, 3177:9, 3193:18, 3194:11,
3194:20, 3202:3, 3212:19, 3239:25,
3267:7, 3267:9, 3267:13, 3269:16,
3269:19, 3280:12, 3281:16, 3286:14,

GR

3297:16, 3297:22, 3317:12, 3328:1,


3346:11, 3347:1, 3351:18
meaning [11] - 3181:24, 3182:1,
3205:24, 3206:9, 3211:15, 3238:16,
3278:6, 3297:17, 3298:25, 3323:20
means [9] - 3154:11, 3227:13,
3267:15, 3270:22, 3286:15, 3286:17,
3311:14, 3332:1, 3337:12
meant [6] - 3166:25, 3210:17,
3280:21, 3297:23, 3347:6, 3350:15
mechanical [1] - 3152:4
media [2] - 3218:22, 3349:21
meet [13] - 3218:10, 3230:6, 3238:9,
3245:2, 3275:3, 3275:15, 3276:10,
3277:17, 3277:20, 3278:6, 3278:11,
3278:18, 3278:23
meeting [40] - 3167:17, 3167:21,
3167:24, 3168:5, 3168:8, 3168:13,
3168:17, 3168:20, 3168:22, 3169:4,
3169:7, 3169:16, 3170:7, 3170:11,
3170:13, 3171:2, 3178:6, 3188:18,
3222:15, 3229:1, 3229:6, 3229:18,
3229:19, 3229:22, 3229:25, 3230:3,
3230:9, 3230:18, 3232:10, 3234:9,
3234:10, 3259:21, 3259:22, 3261:2,
3261:9, 3326:20, 3327:3, 3327:18,
3328:1
meets [1] - 3278:5
member [1] - 3160:10
members [3] - 3192:17, 3241:1,
3349:19
memory [15] - 3184:18, 3232:8,
3256:6, 3259:12, 3259:16, 3289:17,
3290:6, 3327:6, 3331:13, 3333:20,
3333:21, 3335:24, 3338:20, 3339:22,
3341:25
men [1] - 3290:18
mentally [1] - 3346:15
mention [9] - 3182:13, 3188:17,
3213:6, 3213:20, 3325:18, 3331:16,
3334:1, 3335:8, 3335:14
mentioned [48] - 3162:23, 3167:25,
3168:16, 3169:19, 3170:13, 3172:4,
3172:24, 3174:9, 3175:1, 3176:8,
3177:10, 3177:11, 3177:12, 3178:10,
3182:16, 3188:16, 3188:18, 3188:20,
3188:25, 3205:3, 3205:19, 3215:11,
3216:7, 3217:19, 3239:10, 3239:11,
3252:11, 3266:3, 3269:14, 3272:7,
3274:7, 3278:17, 3281:20, 3284:21,
3299:4, 3324:5, 3325:22, 3331:6,
3331:10, 3331:14, 3332:21, 3332:24,
3333:13, 3334:5, 3334:12, 3335:16
mentioning [6] - 3216:20, 3217:3,
3268:13, 3272:7, 3330:22, 3333:14
mentions [5] - 3173:2, 3181:16,
3332:18, 3332:20, 3332:22
mercy [1] - 3304:20
mere [1] - 3222:20
merely [1] - 3191:2

OCR

CM

CRR

message [1] - 3185:23


MESSINA [162] - 3151:24, 3153:2,
3153:9, 3153:25, 3155:13, 3155:15,
3155:19, 3156:11, 3156:16, 3157:1,
3157:3, 3157:7, 3157:10, 3157:14,
3157:17, 3159:17, 3159:25, 3160:15,
3160:21, 3161:5, 3163:5, 3163:12,
3163:16, 3163:23, 3165:6, 3165:12,
3175:4, 3175:8, 3178:12, 3178:19,
3179:2, 3179:5, 3179:8, 3179:10,
3179:13, 3179:17, 3179:24, 3180:3,
3180:7, 3180:16, 3181:13, 3184:12,
3184:21, 3185:1, 3185:3, 3188:2,
3190:15, 3190:22, 3195:10, 3196:7,
3196:19, 3197:2, 3197:5, 3197:10,
3197:12, 3197:23, 3198:2, 3198:9,
3198:22, 3198:25, 3200:12, 3201:17,
3201:21, 3201:24, 3202:17, 3202:24,
3203:15, 3207:3, 3208:2, 3208:6,
3208:15, 3208:18, 3208:20, 3208:25,
3210:2, 3210:18, 3211:16, 3215:14,
3215:17, 3218:12, 3218:14, 3219:14,
3219:17, 3220:2, 3220:9, 3221:5,
3221:8, 3222:23, 3223:6, 3223:15,
3223:24, 3224:2, 3224:7, 3225:18,
3225:21, 3226:3, 3226:6, 3226:9,
3226:12, 3226:18, 3227:18, 3228:4,
3228:24, 3231:11, 3234:7, 3238:21,
3240:14, 3241:7, 3241:11, 3241:13,
3241:19, 3242:5, 3246:5, 3246:10,
3246:15, 3247:4, 3248:1, 3248:10,
3248:15, 3249:10, 3249:16, 3249:22,
3250:5, 3255:14, 3257:7, 3258:8,
3258:15, 3260:2, 3262:12, 3262:21,
3268:4, 3272:22, 3275:18, 3277:23,
3278:2, 3279:8, 3282:15, 3286:25,
3290:20, 3290:24, 3291:1, 3292:5,
3292:10, 3292:12, 3292:14, 3292:25,
3293:6, 3294:4, 3294:13, 3294:23,
3295:1, 3295:8, 3295:17, 3296:2,
3296:3, 3297:20, 3299:20, 3305:2,
3307:9, 3353:8, 3353:10, 3353:12
mESSINA [1] - 3199:3
Messina [21] - 3153:3, 3153:7, 3154:8,
3158:21, 3158:25, 3165:5, 3179:1,
3196:12, 3204:14, 3219:9, 3220:7,
3228:19, 3248:19, 3249:14, 3250:1,
3256:9, 3258:6, 3258:7, 3306:18,
3307:7, 3315:20
met [16] - 3170:21, 3197:1, 3215:11,
3229:20, 3232:14, 3241:6, 3242:20,
3242:21, 3275:14, 3276:11, 3279:1,
3324:18, 3325:13, 3326:6, 3326:7,
3326:8
methodology [1] - 3282:25
microphone [1] - 3179:4
mid [2] - 3218:15, 3349:7
mid-afternoon [1] - 3349:7
middle [1] - 3284:4
might [18] - 3153:7, 3153:13, 3153:16,

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 219 of 230 PageID #: 5641
16
3194:6, 3218:23, 3219:11, 3231:10,
3234:10, 3251:7, 3251:9, 3255:23,
3279:1, 3293:7, 3304:2, 3305:8,
3306:10, 3344:15, 3351:10
MILDRED [1] - 3151:21
Mildred [1] - 3152:23
mILLER [1] - 3272:20
MILLER [27] - 3151:16, 3196:11,
3202:23, 3203:4, 3252:14, 3253:13,
3253:22, 3254:25, 3255:3, 3255:10,
3273:3, 3279:6, 3279:17, 3281:15,
3284:1, 3285:20, 3286:3, 3286:21,
3293:7, 3336:23, 3343:16, 3344:5,
3345:9, 3350:22, 3351:5, 3351:8,
3351:21
Miller [1] - 3152:17
mind [19] - 3155:10, 3159:22, 3160:3,
3160:8, 3179:10, 3187:8, 3188:14,
3218:18, 3221:10, 3222:7, 3223:1,
3224:2, 3224:17, 3224:25, 3227:12,
3251:1, 3251:10, 3254:22, 3344:21
mine [3] - 3205:23, 3315:12, 3317:10
mini [1] - 3247:1
minimal [1] - 3295:12
minute [2] - 3219:3, 3267:2
minutes [9] - 3156:10, 3219:21,
3255:21, 3292:3, 3292:18, 3293:6,
3305:19, 3305:21
misinterpreting [1] - 3279:16
Miss [2] - 3343:23, 3346:2
mission [23] - 3331:3, 3331:9,
3331:11, 3331:15, 3331:19, 3331:25,
3332:3, 3332:6, 3332:9, 3332:13,
3332:15, 3332:16, 3332:20, 3332:22,
3333:13, 3333:23, 3335:8, 3335:10,
3336:18, 3336:21, 3336:25
misstated [1] - 3158:21
mistake [2] - 3202:8, 3310:15
mistrial [1] - 3197:18
misunderstanding [1] - 3280:18
Mohammed [100] - 3167:10, 3172:2,
3173:1, 3177:5, 3177:22, 3177:24,
3177:25, 3178:2, 3178:4, 3184:5,
3184:6, 3184:8, 3186:2, 3189:8,
3189:10, 3192:4, 3193:5, 3193:10,
3193:21, 3195:17, 3195:18, 3198:15,
3204:17, 3204:18, 3205:18, 3206:6,
3206:15, 3206:22, 3207:2, 3211:25,
3212:2, 3212:10, 3213:16, 3213:18,
3213:19, 3214:20, 3214:22, 3215:3,
3215:6, 3215:7, 3217:11, 3229:1,
3229:7, 3229:20, 3229:22, 3230:4,
3230:8, 3230:15, 3230:18, 3230:19,
3230:24, 3231:1, 3232:1, 3236:17,
3236:20, 3236:23, 3236:24, 3237:9,
3237:15, 3237:16, 3237:19, 3237:21,
3238:2, 3238:12, 3258:24, 3260:14,
3260:22, 3260:23, 3267:19, 3267:22,
3270:12, 3270:15, 3272:5, 3274:18,
3274:19, 3275:7, 3275:8, 3275:25,

GR

3276:17, 3276:18, 3277:2, 3277:5,


3277:13, 3278:7, 3281:22, 3281:23,
3282:5, 3283:16, 3284:20, 3325:19,
3337:19, 3338:2, 3339:21, 3340:2,
3340:13, 3346:8
Mohammed's [5] - 3173:3, 3205:4,
3205:22, 3215:11, 3277:7
moment [20] - 3153:4, 3157:14,
3171:19, 3180:1, 3181:11, 3185:3,
3188:3, 3198:9, 3260:12, 3265:9,
3268:4, 3273:6, 3274:13, 3282:2,
3283:25, 3291:1, 3302:25, 3303:25,
3304:5, 3304:6
moments [1] - 3308:2
Monday [1] - 3252:8
money [27] - 3214:1, 3215:1, 3230:13,
3231:6, 3231:7, 3236:18, 3236:25,
3237:25, 3276:20, 3276:21, 3277:7,
3277:9, 3277:14, 3278:17, 3283:14,
3289:6, 3289:7, 3289:13, 3289:14,
3294:11, 3312:21, 3314:1, 3315:18,
3315:21, 3316:25, 3317:3, 3318:7
monies [4] - 3193:6, 3248:4, 3250:7,
3316:24
monitors [4] - 3241:19, 3241:20,
3242:7, 3251:12
monster [1] - 3344:1
month [6] - 3312:13, 3316:2, 3316:13,
3337:14, 3337:20
monthly [1] - 3318:3
months [6] - 3174:13, 3265:1,
3265:23, 3308:9, 3309:7
moot [1] - 3252:21
mooted [2] - 3155:3, 3155:9
morally [1] - 3157:20
morning [29] - 3152:11, 3152:16,
3152:20, 3152:22, 3152:25, 3153:2,
3153:14, 3156:12, 3158:25, 3164:4,
3164:8, 3164:10, 3164:23, 3164:24,
3165:15, 3165:16, 3183:21, 3184:9,
3184:13, 3201:5, 3206:14, 3206:21,
3218:15, 3221:9, 3255:4, 3255:25,
3348:9, 3349:14, 3350:16
Moslem [1] - 3195:15
moslems [1] - 3193:22
mosque [56] - 3192:19, 3193:14,
3193:25, 3194:2, 3194:3, 3194:5,
3194:7, 3194:17, 3194:18, 3195:5,
3195:6, 3197:22, 3213:25, 3214:2,
3214:7, 3214:14, 3214:16, 3214:23,
3215:2, 3217:18, 3217:21, 3217:24,
3218:3, 3231:24, 3236:18, 3236:25,
3243:9, 3246:18, 3246:19, 3246:22,
3246:23, 3246:25, 3247:2, 3247:7,
3247:10, 3247:11, 3247:16, 3247:20,
3247:22, 3247:24, 3248:4, 3248:7,
3248:8, 3248:16, 3248:17, 3248:20,
3249:1, 3249:4, 3249:5, 3249:8,
3249:23, 3249:24, 3249:25, 3250:2,
3323:9

OCR

CM

CRR

Mosque [1] - 3193:20


mosques [2] - 3195:2, 3250:7
most [12] - 3159:11, 3179:11, 3200:4,
3200:6, 3214:5, 3244:19, 3281:7,
3327:14, 3331:5, 3338:16, 3340:21,
3346:23
mostly [1] - 3226:20
mother's [1] - 3261:20
motion [8] - 3154:22, 3154:24,
3154:25, 3155:9, 3156:3, 3159:1,
3220:17, 3223:22
motions [1] - 3220:19
motivation [1] - 3296:15
mouth [1] - 3234:3
move [13] - 3173:17, 3183:25,
3189:10, 3203:17, 3231:7, 3233:25,
3236:7, 3236:25, 3254:23, 3294:24,
3298:9, 3345:7, 3348:7
moved [6] - 3155:2, 3155:15, 3155:23,
3159:3, 3239:3, 3293:14
moves [1] - 3223:22
moving [3] - 3154:13, 3318:4, 3350:20
MR [98] - 3152:16, 3153:18, 3154:5,
3154:12, 3154:18, 3154:21, 3155:18,
3157:6, 3157:9, 3158:20, 3159:24,
3160:12, 3163:7, 3163:24, 3164:2,
3164:18, 3164:19, 3166:19, 3169:21,
3171:14, 3189:12, 3189:22, 3196:11,
3197:11, 3199:25, 3201:9, 3201:22,
3202:13, 3202:23, 3203:4, 3205:13,
3208:23, 3214:9, 3217:4, 3220:12,
3222:16, 3223:19, 3224:10, 3225:6,
3227:13, 3228:7, 3228:15, 3228:16,
3237:6, 3237:11, 3241:21, 3241:24,
3245:4, 3246:13, 3248:14, 3251:19,
3252:14, 3253:13, 3253:22, 3254:11,
3254:25, 3255:3, 3255:10, 3256:2,
3257:5, 3258:1, 3258:4, 3264:19,
3265:2, 3266:8, 3272:20, 3273:3,
3279:6, 3279:17, 3281:15, 3284:1,
3285:20, 3286:3, 3286:21, 3290:23,
3292:22, 3293:7, 3294:7, 3294:25,
3299:13, 3299:18, 3301:1, 3304:13,
3305:21, 3307:14, 3307:16, 3336:23,
3341:15, 3342:4, 3343:2, 3343:11,
3343:16, 3344:5, 3345:9, 3350:22,
3351:5, 3351:8, 3351:21
MS [195] - 3152:22, 3153:2, 3153:9,
3153:25, 3155:13, 3155:15, 3155:19,
3156:11, 3156:16, 3157:1, 3157:3,
3157:7, 3157:10, 3157:14, 3157:17,
3159:17, 3159:25, 3160:15, 3160:21,
3161:5, 3163:5, 3163:12, 3163:16,
3163:23, 3164:20, 3165:6, 3165:12,
3174:3, 3175:4, 3175:8, 3178:12,
3178:19, 3179:2, 3179:5, 3179:8,
3179:10, 3179:13, 3179:17, 3179:24,
3180:2, 3180:3, 3180:7, 3180:16,
3181:13, 3184:12, 3184:21, 3185:1,
3185:3, 3188:2, 3190:15, 3190:22,

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 220 of 230 PageID #: 5642
17
3195:10, 3195:19, 3196:2, 3196:7,
3196:19, 3197:2, 3197:5, 3197:10,
3197:12, 3197:17, 3197:23, 3198:2,
3198:9, 3198:22, 3198:25, 3200:12,
3201:5, 3201:17, 3201:21, 3201:24,
3202:17, 3202:24, 3203:15, 3207:3,
3208:2, 3208:6, 3208:15, 3208:18,
3208:20, 3208:25, 3210:2, 3210:18,
3211:16, 3215:14, 3215:17, 3216:12,
3218:14, 3219:14, 3219:17, 3220:2,
3220:9, 3221:5, 3221:8, 3222:23,
3223:6, 3223:15, 3223:24, 3224:2,
3224:7, 3225:18, 3225:21, 3226:3,
3226:6, 3226:9, 3226:12, 3226:18,
3227:18, 3228:4, 3228:17, 3228:24,
3231:11, 3234:7, 3238:21, 3240:14,
3241:7, 3241:11, 3241:13, 3241:19,
3242:5, 3246:5, 3246:10, 3246:15,
3247:4, 3248:1, 3248:10, 3248:15,
3249:10, 3249:16, 3249:22, 3250:5,
3254:4, 3254:9, 3255:14, 3255:20,
3257:7, 3258:3, 3258:8, 3258:15,
3260:2, 3262:12, 3262:21, 3268:4,
3272:22, 3275:18, 3277:23, 3278:2,
3279:8, 3282:15, 3286:25, 3290:20,
3290:24, 3291:1, 3292:5, 3292:10,
3292:12, 3292:14, 3292:25, 3293:6,
3294:4, 3294:13, 3294:23, 3295:1,
3295:8, 3295:17, 3296:2, 3296:3,
3297:20, 3299:20, 3305:2, 3305:25,
3306:4, 3306:14, 3306:17, 3307:1,
3307:5, 3307:9, 3307:15, 3307:24,
3309:16, 3310:10, 3317:13, 3319:2,
3343:5, 3343:14, 3344:20, 3345:6,
3346:4, 3347:22, 3351:14, 3351:20,
3353:8, 3353:10, 3353:12, 3353:14
mugged [2] - 3186:15, 3186:19
multiple [2] - 3292:23, 3294:21
munch [1] - 3349:13
murder [2] - 3294:19, 3301:16
Muslim [5] - 3216:22, 3244:3, 3245:3,
3330:14, 3337:7
Muslims [4] - 3223:8, 3268:18,
3268:25, 3323:20
must [4] - 3200:4, 3234:17, 3270:1,
3297:25

N
name [1] - 3300:2
named [10] - 3158:3, 3159:11,
3161:10, 3216:20, 3229:1, 3229:6,
3229:20, 3236:17, 3289:14, 3301:17
names [4] - 3177:8, 3189:2, 3189:3,
3290:10
Napoli [22] - 3161:6, 3168:23, 3169:3,
3169:5, 3169:6, 3169:11, 3169:14,
3169:18, 3169:24, 3170:2, 3186:14,
3188:21, 3188:22, 3188:23, 3189:2,
3189:8, 3235:4, 3254:6, 3254:8,

GR

3254:12, 3335:18, 3335:21


Narcotics [4] - 3287:1, 3287:7, 3290:1,
3294:20
narcotics [12] - 3293:17, 3296:25,
3297:1, 3297:3, 3297:9, 3297:23,
3298:5, 3298:13, 3298:21, 3300:1,
3300:24, 3308:3
natural [2] - 3237:16, 3328:7
nature [2] - 3225:23, 3235:11
near [6] - 3174:13, 3186:2, 3186:3,
3196:17, 3319:8, 3322:24
necessarily [3] - 3197:22, 3222:22,
3225:11
necessities [1] - 3316:1
need [36] - 3156:7, 3156:18, 3162:1,
3162:2, 3163:18, 3164:13, 3178:9,
3178:19, 3183:11, 3196:24, 3197:19,
3223:9, 3246:20, 3248:21, 3249:12,
3249:24, 3250:6, 3251:12, 3252:8,
3252:10, 3253:11, 3253:21, 3255:15,
3255:16, 3266:13, 3267:6, 3295:10,
3299:7, 3339:1, 3346:19, 3348:21,
3350:12, 3350:23, 3350:25, 3351:6,
3351:23
needed [18] - 3157:4, 3172:13,
3172:25, 3173:6, 3173:13, 3176:14,
3182:3, 3182:4, 3248:16, 3281:23,
3325:19, 3325:20, 3329:9, 3329:19,
3347:2, 3347:9
needing [3] - 3176:21, 3177:1, 3231:6
needs [6] - 3154:3, 3161:16, 3163:14,
3183:11, 3266:3, 3348:15
Nero [8] - 3157:9, 3157:13, 3261:6,
3261:10, 3261:15, 3261:22, 3322:5,
3323:23
never [25] - 3156:3, 3169:3, 3171:9,
3175:20, 3177:24, 3178:9, 3188:15,
3215:11, 3247:13, 3264:15, 3266:20,
3266:21, 3267:2, 3283:12, 3304:22,
3308:14, 3317:25, 3326:1, 3326:3,
3327:18, 3329:14, 3329:18, 3329:24,
3330:1
new [5] - 3235:17, 3248:17, 3253:7,
3313:4, 3313:15
NEW [1] - 3151:1
New [35] - 3151:7, 3151:19, 3152:2,
3173:20, 3173:21, 3173:22, 3190:9,
3196:20, 3216:16, 3229:1, 3276:25,
3277:11, 3287:2, 3290:3, 3292:6,
3292:9, 3292:15, 3292:20, 3296:8,
3301:10, 3301:12, 3301:13, 3311:21,
3314:22, 3324:18, 3329:22, 3336:5,
3336:6, 3338:7, 3339:19, 3339:20,
3340:2, 3340:17, 3341:9, 3345:7
news [1] - 3163:16
next [36] - 3160:22, 3161:12, 3161:24,
3166:4, 3171:4, 3183:22, 3187:12,
3189:9, 3195:22, 3197:25, 3200:16,
3203:19, 3207:7, 3209:3, 3210:13,
3211:16, 3219:22, 3221:12, 3221:20,

OCR

CM

CRR

3234:16, 3245:7, 3253:19, 3254:17,


3254:18, 3256:16, 3271:11, 3291:4,
3295:19, 3318:9, 3326:24, 3334:22,
3335:3, 3342:6, 3345:13, 3348:2,
3348:23
nice [2] - 3164:9, 3348:10
night [1] - 3278:4
nine [6] - 3161:18, 3178:23, 3179:8,
3179:23, 3180:4, 3181:13
NKRUMAH [10] - 3151:24, 3163:7,
3164:19, 3220:12, 3222:16, 3225:6,
3228:16, 3254:11, 3258:4, 3307:16
Nkrumah [4] - 3153:4, 3220:11,
3257:6, 3257:9
nobody [3] - 3235:4, 3246:21, 3276:6
none [3] - 3154:6, 3154:8, 3259:9
nosy [2] - 3161:9, 3222:15
note [2] - 3220:16, 3344:17
notes [2] - 3213:24, 3252:10
nothing [15] - 3181:8, 3186:22,
3197:22, 3205:11, 3208:13, 3216:17,
3225:10, 3234:20, 3235:20, 3247:21,
3248:9, 3272:14, 3273:25, 3286:9,
3292:3
noticed [1] - 3161:8
novelty [1] - 3191:25
November [2] - 3288:9, 3314:6
number [15] - 3152:13, 3155:1,
3159:2, 3159:20, 3208:3, 3219:21,
3251:25, 3290:23, 3290:25, 3292:25,
3294:7, 3306:7, 3337:25, 3338:4,
3339:16
numbers [2] - 3294:15, 3296:20
numerous [1] - 3184:16
Nur [34] - 3167:10, 3205:21, 3211:25,
3212:2, 3212:3, 3212:5, 3212:11,
3212:13, 3212:15, 3212:18, 3212:21,
3274:13, 3274:16, 3274:20, 3275:7,
3275:19, 3276:4, 3276:6, 3276:19,
3276:23, 3277:5, 3277:6, 3277:17,
3277:23, 3277:25, 3278:3, 3278:5,
3278:14, 3278:16, 3278:19, 3281:18,
3282:19, 3283:17
Nur's [2] - 3277:15, 3282:4
nuts [1] - 3348:11

O
o'clock [12] - 3151:10, 3251:11,
3251:15, 3345:6, 3348:6, 3348:18,
3349:2, 3349:8, 3349:13, 3349:23,
3350:15, 3352:4
oath [4] - 3165:1, 3228:21, 3258:12,
3307:20
object [2] - 3155:12, 3227:17
objecting [1] - 3343:21
objection [40] - 3166:19, 3169:21,
3171:14, 3174:3, 3189:12, 3189:22,
3195:19, 3196:1, 3198:1, 3199:25,

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 221 of 230 PageID #: 5643
18
3204:2, 3204:7, 3205:13, 3214:9,
3216:12, 3217:4, 3237:6, 3237:11,
3241:24, 3245:4, 3264:19, 3265:2,
3266:8, 3272:20, 3273:3, 3279:6,
3279:17, 3281:15, 3284:1, 3284:5,
3285:20, 3286:3, 3286:21, 3297:20,
3299:13, 3299:18, 3301:1, 3304:13,
3336:23, 3341:15
objections [1] - 3252:20
obligation [1] - 3294:4
obtained [1] - 3212:19
obviate [1] - 3350:23
obviously [3] - 3158:16, 3252:9,
3293:5
occasion [7] - 3165:21, 3178:8,
3268:24, 3283:6, 3283:7, 3285:18,
3330:10
occasions [7] - 3175:22, 3234:8,
3264:17, 3315:19, 3317:9, 3339:16,
3339:18
occur [1] - 3265:4
occurred [5] - 3152:10, 3203:1,
3257:2, 3261:17, 3265:1
October [1] - 3337:22
OF [3] - 3151:1, 3151:4, 3151:12
offense [8] - 3289:25, 3306:22,
3309:8, 3309:21, 3309:23, 3310:1,
3311:3, 3311:7
offensive [1] - 3226:22
offered [1] - 3328:14
offering [3] - 3211:23, 3213:5, 3213:11
offers [1] - 3344:11
Office [1] - 3287:2
office [3] - 3167:1, 3294:21, 3350:24
officer [9] - 3312:10, 3312:14, 3313:2,
3313:20, 3313:23, 3313:25, 3314:1,
3314:2, 3314:5
often [1] - 3335:20
oils [3] - 3329:5, 3330:3, 3330:11
old [2] - 3244:21, 3249:25
once [10] - 3169:9, 3234:18, 3235:18,
3247:13, 3252:20, 3253:13, 3270:20,
3281:4, 3337:24, 3350:6
one [76] - 3153:22, 3154:10, 3159:20,
3162:12, 3162:13, 3163:1, 3165:21,
3167:17, 3170:23, 3175:22, 3179:16,
3180:1, 3180:14, 3182:5, 3185:3,
3193:24, 3198:9, 3206:7, 3212:3,
3214:24, 3215:13, 3219:17, 3221:5,
3221:8, 3222:19, 3224:12, 3235:12,
3242:2, 3242:13, 3242:14, 3242:15,
3242:21, 3242:22, 3242:23, 3249:24,
3253:2, 3254:11, 3256:7, 3261:3,
3262:1, 3262:14, 3264:5, 3265:5,
3267:16, 3267:19, 3267:21, 3268:4,
3268:6, 3270:5, 3270:6, 3272:22,
3274:19, 3278:18, 3284:22, 3285:18,
3288:21, 3289:22, 3291:1, 3292:25,
3295:16, 3318:5, 3321:3, 3329:2,
3330:10, 3332:23, 3337:7, 3338:11,

GR

3340:22, 3340:25, 3341:2, 3341:11,


3348:4, 3348:10, 3351:5
ones [6] - 3153:14, 3241:6, 3297:12,
3297:24, 3319:14, 3351:3
open [7] - 3191:4, 3196:18, 3204:1,
3210:1, 3218:18, 3251:1, 3251:10
Open [3] - 3250:16, 3295:18, 3346:1
opening [1] - 3197:15
operating [1] - 3274:9
opinion [3] - 3221:16, 3221:22, 3279:5
opinions [2] - 3161:22, 3218:18
oppose [1] - 3223:22
opposed [2] - 3167:14, 3182:7
order [6] - 3172:13, 3230:13, 3271:7,
3281:25, 3298:12, 3302:22
originally [6] - 3155:15, 3155:16,
3159:4, 3179:18, 3211:21, 3220:15
otherwise [2] - 3218:23, 3255:16
ought [2] - 3252:21, 3351:22
outs [1] - 3240:5
overlap [1] - 3248:3
overruled [2] - 3169:22, 3297:21
overseeing [1] - 3194:23
own [14] - 3158:11, 3160:2, 3160:7,
3172:4, 3177:12, 3184:10, 3206:13,
3224:23, 3225:1, 3233:4, 3269:18,
3272:18, 3337:25, 3344:14
owned [2] - 3315:13, 3329:8

P
p.m [2] - 3199:17, 3199:23
pace [1] - 3351:9
pack [1] - 3291:2
package [2] - 3289:4, 3289:5
packaged [1] - 3289:5
packages [1] - 3289:8
packing [3] - 3331:5, 3333:9, 3333:11
page [66] - 3155:4, 3155:6, 3155:17,
3155:21, 3159:1, 3161:17, 3162:17,
3178:23, 3179:6, 3179:8, 3179:15,
3179:23, 3180:2, 3180:4, 3180:7,
3180:24, 3181:13, 3185:4, 3185:6,
3187:12, 3190:23, 3195:22, 3197:25,
3199:7, 3200:16, 3203:19, 3207:7,
3215:17, 3219:22, 3221:11, 3223:2,
3223:5, 3223:6, 3226:18, 3226:24,
3227:19, 3227:21, 3245:7, 3256:16,
3262:15, 3264:8, 3271:11, 3279:11,
3290:24, 3291:1, 3291:4, 3292:18,
3295:16, 3295:19, 3296:6, 3299:23,
3300:4, 3310:7, 3318:9, 3321:23,
3322:8, 3334:18, 3334:22, 3335:1,
3335:3, 3340:22, 3342:1, 3342:6,
3345:13, 3348:23
page) [1] - 3209:3
pages [7] - 3156:2, 3156:6, 3159:3,
3159:4, 3159:19, 3159:24, 3220:8
paging [1] - 3210:23

OCR

CM

CRR

paid [7] - 3277:7, 3277:10, 3315:21,


3315:24, 3317:14, 3317:25, 3318:2
painting [1] - 3216:23
Pakistan [2] - 3231:8, 3237:1
paper [5] - 3237:3, 3239:24, 3240:2,
3340:23, 3340:24
paragraph [13] - 3237:4, 3280:24,
3300:5, 3334:17, 3334:19, 3338:16,
3340:16, 3340:21, 3341:5, 3342:2,
3346:23, 3347:12
paragraphs [3] - 3327:13, 3335:3,
3339:24
parenthetical [1] - 3221:19
part [55] - 3154:19, 3154:24, 3156:5,
3156:12, 3157:7, 3157:15, 3157:23,
3158:2, 3160:16, 3160:18, 3160:19,
3160:24, 3162:8, 3168:19, 3178:14,
3180:10, 3180:17, 3192:6, 3196:17,
3197:13, 3200:6, 3200:12, 3203:15,
3215:14, 3222:5, 3222:19, 3223:11,
3225:21, 3226:1, 3226:3, 3233:7,
3246:7, 3246:11, 3254:17, 3262:22,
3266:13, 3266:22, 3267:6, 3268:23,
3273:21, 3284:18, 3298:10, 3300:25,
3301:19, 3303:8, 3309:25, 3310:3,
3314:19, 3315:1, 3320:8, 3343:13,
3343:17
participants [1] - 3220:22
particular [17] - 3170:19, 3170:20,
3194:7, 3198:10, 3220:18, 3220:19,
3221:5, 3221:8, 3229:17, 3240:10,
3244:19, 3262:22, 3264:2, 3284:8,
3284:11, 3288:7, 3332:18
particularly [2] - 3253:15, 3344:14
parties [11] - 3160:25, 3164:16,
3200:10, 3220:4, 3224:8, 3224:20,
3228:13, 3253:4, 3257:23, 3293:25,
3307:12
partly [1] - 3336:17
parts [5] - 3155:15, 3263:22, 3301:12,
3329:8, 3329:19
party [3] - 3159:12, 3224:14, 3224:24
pass [1] - 3326:15
passage [1] - 3222:2
passed [1] - 3265:24
passport [6] - 3174:12, 3239:21,
3338:24, 3339:8, 3339:9
past [3] - 3155:6, 3304:5, 3351:14
pause [3] - 3268:5, 3327:16, 3334:21
Pause [11] - 3224:19, 3231:18,
3240:16, 3241:23, 3242:10, 3335:2,
3338:18, 3340:1, 3341:6, 3346:25,
3347:15
pay [8] - 3276:21, 3276:22, 3276:25,
3289:3, 3304:16, 3315:11, 3317:21
paying [2] - 3161:9, 3316:6
pen [2] - 3239:24, 3240:2
pending [1] - 3173:19
People [2] - 3153:10, 3295:4
people [49] - 3158:8, 3172:24, 3188:3,

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 222 of 230 PageID #: 5644
19
3188:23, 3189:3, 3193:11, 3193:21,
3194:6, 3194:12, 3194:23, 3194:25,
3196:13, 3196:14, 3214:21, 3214:24,
3221:14, 3222:4, 3223:7, 3223:8,
3234:10, 3237:25, 3238:5, 3239:23,
3240:20, 3240:23, 3240:24, 3241:5,
3247:7, 3247:9, 3247:18, 3263:8,
3266:13, 3267:6, 3267:15, 3272:9,
3276:14, 3276:15, 3296:24, 3297:11,
3297:15, 3297:17, 3315:4, 3315:12,
3315:16, 3320:23, 3331:22, 3334:6,
3335:12
peoples [1] - 3314:25
per [4] - 3270:22, 3297:25, 3303:25,
3316:13
percent [3] - 3158:18, 3170:12,
3289:21
perfect [1] - 3320:18
perfectly [2] - 3223:24, 3256:6
perfume [3] - 3329:5, 3330:3, 3330:11
perhaps [8] - 3162:21, 3186:4,
3252:22, 3253:23, 3255:4, 3306:12,
3330:19, 3351:23
period [3] - 3260:20, 3324:18, 3333:5
permission [1] - 3262:12
permit [1] - 3159:14
person [25] - 3160:24, 3161:9,
3181:15, 3182:25, 3195:4, 3198:7,
3198:8, 3215:4, 3215:7, 3215:8,
3216:16, 3229:1, 3234:13, 3234:15,
3237:10, 3243:20, 3243:21, 3243:23,
3275:1, 3276:17, 3296:22, 3320:21,
3326:9, 3332:19
person's [2] - 3224:23, 3225:1
personal [5] - 3174:10, 3174:17,
3282:18, 3284:23, 3296:23
personally [1] - 3212:25
persuade [2] - 3303:19, 3304:2
pertain [1] - 3225:7
pertaining [6] - 3181:5, 3220:17,
3220:19, 3220:24, 3275:10, 3278:15
pertains [1] - 3267:14
pertinent [1] - 3246:7
perusing) [1] - 3210:22
ph [2] - 3211:10, 3214:18
philosophical [1] - 3260:5
philosophically [1] - 3157:20
philosophy [3] - 3268:17, 3268:24,
3273:2
phone [15] - 3182:19, 3183:13,
3183:14, 3183:15, 3183:23, 3185:23,
3189:18, 3199:7, 3199:16, 3199:18,
3214:11, 3251:3, 3283:21, 3305:9,
3322:1
phones [2] - 3218:20, 3218:23
photo [5] - 3240:20, 3240:21, 3241:4,
3241:21, 3242:5
photograph [3] - 3242:1, 3246:9,
3325:4
photographs [2] - 3246:3, 3246:4

GR

physical [1] - 3249:18


physically [1] - 3346:15
pick [9] - 3238:12, 3238:14, 3288:19,
3288:22, 3292:14, 3292:20, 3296:10,
3314:22, 3328:10
picked [7] - 3177:8, 3239:13, 3239:16,
3290:3, 3294:10, 3296:7, 3333:16
picking [7] - 3315:8, 3315:15,
3328:17, 3328:25, 3329:2, 3329:4,
3329:5
picture [3] - 3242:12, 3246:12,
3246:13
pictures [3] - 3205:21, 3282:17,
3282:18
piece [2] - 3272:22, 3306:6
pin [1] - 3279:22
pinpoint [1] - 3260:24
pistols [1] - 3301:20
place [20] - 3185:25, 3186:19,
3192:13, 3192:14, 3192:15, 3193:12,
3194:11, 3201:1, 3204:1, 3208:1,
3218:5, 3233:6, 3237:25, 3247:12,
3247:16, 3250:14, 3277:5, 3284:24,
3288:1, 3347:7
placed [3] - 3154:23, 3238:5, 3312:5
places [2] - 3194:22, 3195:2
plan [20] - 3157:4, 3157:19, 3158:18,
3160:4, 3189:6, 3189:11, 3189:21,
3190:13, 3192:6, 3202:11, 3214:17,
3222:12, 3222:14, 3222:19, 3225:14,
3277:21, 3346:6, 3346:7, 3346:14
plane [2] - 3230:14, 3335:12
planes [3] - 3166:18, 3334:7, 3334:8
planning [2] - 3324:20, 3327:24
plans [2] - 3217:8, 3248:8
play [26] - 3157:5, 3178:14, 3179:14,
3183:16, 3185:1, 3187:3, 3190:22,
3193:16, 3200:12, 3201:3, 3208:8,
3215:14, 3215:18, 3220:7, 3252:7,
3254:18, 3262:12, 3262:16, 3263:23,
3267:22, 3269:17, 3271:9, 3272:22,
3279:8, 3321:8, 3321:21
played [14] - 3191:11, 3192:1, 3192:9,
3193:17, 3195:12, 3207:4, 3215:20,
3216:4, 3216:19, 3217:7, 3217:14,
3217:22, 3218:13, 3249:8
playing [4] - 3187:9, 3195:11,
3211:17, 3227:24
plays [33] - 3179:22, 3180:6, 3180:9,
3180:18, 3181:1, 3181:14, 3181:20,
3182:12, 3182:24, 3183:19, 3185:7,
3186:9, 3187:4, 3187:11, 3262:19,
3263:3, 3266:11, 3267:11, 3269:10,
3270:10, 3270:19, 3271:10, 3272:23,
3279:14, 3280:2, 3280:8, 3280:23,
3282:7, 3282:16, 3321:25, 3322:11,
3322:22, 3323:3
Plaza [3] - 3151:19, 3152:1, 3229:10
plea [15] - 3290:1, 3293:10, 3293:11,
3298:13, 3298:15, 3298:17, 3298:19,

OCR

CM

CRR

3298:20, 3298:21, 3299:9, 3299:17,


3299:21, 3299:25, 3300:19, 3300:23
plead [1] - 3333:18
pleaded [2] - 3289:25, 3295:5
pleading [1] - 3294:17
pled [1] - 3308:3
plenty [3] - 3293:8, 3324:10, 3324:13
plot [50] - 3161:1, 3161:7, 3172:23,
3174:1, 3174:16, 3174:19, 3177:8,
3181:8, 3184:7, 3198:5, 3206:10,
3212:10, 3214:4, 3216:17, 3217:24,
3247:21, 3248:5, 3263:6, 3264:13,
3264:16, 3267:18, 3267:20, 3267:23,
3268:1, 3268:8, 3268:13, 3268:18,
3269:4, 3270:17, 3272:8, 3275:10,
3280:16, 3281:19, 3281:21, 3281:24,
3282:3, 3282:5, 3284:15, 3284:20,
3285:19, 3332:6, 3335:8, 3336:20,
3343:7, 3343:13, 3343:17, 3347:2,
3347:5
plots [2] - 3268:25, 3299:10
plumber [1] - 3216:21
plumbing [1] - 3217:20
pocket [2] - 3233:19, 3233:23
podium [3] - 3163:20, 3165:6, 3258:7
point [73] - 3153:13, 3157:3, 3167:23,
3168:9, 3184:1, 3188:16, 3189:5,
3204:22, 3205:15, 3208:15, 3212:6,
3215:21, 3229:16, 3230:3, 3230:15,
3237:23, 3244:22, 3248:10, 3250:13,
3252:5, 3254:4, 3263:12, 3263:13,
3268:2, 3269:4, 3269:6, 3269:21,
3273:8, 3273:16, 3273:19, 3274:12,
3274:22, 3274:23, 3274:24, 3275:21,
3278:18, 3280:7, 3280:13, 3281:11,
3281:22, 3282:6, 3283:3, 3287:23,
3288:5, 3289:22, 3293:21, 3294:14,
3300:18, 3313:17, 3326:22, 3328:3,
3328:9, 3329:2, 3330:21, 3330:25,
3331:1, 3331:7, 3331:9, 3331:19,
3331:22, 3334:1, 3334:2, 3334:4,
3336:21, 3337:21, 3338:11, 3343:6,
3344:11, 3344:13, 3346:5, 3346:19,
3347:4, 3347:22
pointing [1] - 3272:1
points [5] - 3156:18, 3222:21,
3233:15, 3233:16, 3289:7
policy [2] - 3158:15, 3221:24
Ponytail [22] - 3336:10, 3339:16,
3340:3, 3340:6, 3340:8, 3340:12,
3341:8, 3341:12, 3343:3, 3343:10,
3343:11, 3343:12, 3343:14, 3343:19,
3343:20, 3343:25, 3344:6, 3344:8,
3344:10, 3344:19, 3344:22, 3345:5
portion [9] - 3155:23, 3155:24, 3220:6,
3220:21, 3221:3, 3221:5, 3221:9,
3262:16, 3322:25
portions [3] - 3154:25, 3155:2,
3220:16
position [10] - 3157:19, 3211:10,

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 223 of 230 PageID #: 5645
20
3214:23, 3233:25, 3238:3, 3238:5,
3264:12, 3264:15, 3346:11, 3351:25
possession [3] - 3174:11, 3294:22,
3312:23
possible [4] - 3288:10, 3288:17,
3325:12, 3336:2
possibly [1] - 3254:12
posted [1] - 3242:8
posture [1] - 3268:18
potentially [1] - 3242:20
power [1] - 3214:23
prayer [7] - 3192:13, 3193:12,
3193:22, 3194:4, 3194:7, 3194:12,
3194:24
prayers [3] - 3193:19, 3194:22,
3323:10
praying [2] - 3195:1, 3323:17
preclude [7] - 3154:25, 3155:2,
3155:15, 3155:23, 3156:3, 3156:5,
3163:1
precluded [1] - 3159:16
predict [1] - 3351:9
prediction [1] - 3156:16
preface [1] - 3285:13
preparations [1] - 3346:17
prepare [2] - 3320:9, 3346:15
preparing [3] - 3316:5, 3319:3,
3319:12
presence [2] - 3260:13, 3301:25
present [22] - 3164:3, 3164:5, 3164:17,
3192:24, 3212:10, 3214:17, 3220:4,
3220:5, 3222:11, 3228:13, 3232:1,
3257:9, 3257:13, 3257:18, 3257:24,
3260:23, 3282:4, 3301:25, 3306:2,
3307:12, 3350:4
presented [11] - 3165:25, 3172:23,
3173:10, 3193:10, 3193:20, 3204:12,
3222:12, 3226:17, 3284:20, 3299:1,
3306:2
presumably [1] - 3159:2
pretty [2] - 3175:19, 3185:24
previously [4] - 3165:9, 3309:17,
3313:14, 3334:16
price [1] - 3330:11
printed [1] - 3248:23
prints [1] - 3177:23
prioritize [1] - 3266:16
prison [5] - 3309:5, 3309:12, 3309:13,
3310:23, 3310:24
probation [9] - 3312:10, 3312:13,
3313:1, 3313:20, 3313:23, 3313:25,
3314:1, 3314:2, 3314:5
problem [3] - 3179:12, 3250:8, 3341:4
problems [1] - 3329:17
procedure [1] - 3154:2
proceed [2] - 3165:13, 3352:1
proceeded [1] - 3206:11
Proceedings [1] - 3152:4
produced [1] - 3152:4
products [2] - 3180:11, 3180:14

GR

profitable [1] - 3330:22


program [1] - 3328:8
progress [1] - 3252:17
project [9] - 3192:18, 3198:13,
3226:19, 3246:22, 3247:10, 3247:14,
3249:4, 3249:19, 3267:1
projector [1] - 3242:9
projects [1] - 3249:10
promised [2] - 3304:21, 3308:13
promises [1] - 3298:18
promote [5] - 3161:13, 3193:4,
3193:12, 3247:6, 3247:7
promoting [1] - 3157:19
proper [1] - 3268:18
properly [5] - 3164:17, 3228:14,
3256:12, 3257:24, 3307:13
property [1] - 3248:22
proposed [1] - 3255:1
prosecuted [4] - 3286:13, 3286:15,
3286:20, 3311:7
prosecution [11] - 3286:17, 3286:18,
3299:12, 3300:9, 3300:14, 3300:24,
3303:2, 3303:4, 3303:8, 3309:25,
3316:19
Prosecution [1] - 3287:2
prosecutor [1] - 3297:3
Prosecutor's [1] - 3294:21
prosecutors [6] - 3297:2, 3297:9,
3298:3, 3298:4, 3298:5, 3298:7
protect [1] - 3195:4
protected [1] - 3325:21
prove [1] - 3159:22
proven [1] - 3224:22
provide [4] - 3267:22, 3267:25,
3268:12, 3279:4
provided [4] - 3158:25, 3162:21,
3219:10, 3253:5
provider [1] - 3195:18
providing [2] - 3230:13, 3343:16
publicize [1] - 3248:24
publish [1] - 3242:5
pull [4] - 3233:18, 3234:14, 3270:12,
3270:16
purchased [3] - 3217:24, 3217:25,
3218:6
purpose [1] - 3276:12
purposes [1] - 3191:14
pursue [1] - 3192:12
put [27] - 3154:9, 3154:13, 3154:14,
3154:23, 3155:10, 3155:16, 3156:1,
3159:7, 3163:14, 3174:12, 3179:19,
3198:10, 3201:21, 3201:22, 3205:6,
3227:18, 3237:25, 3248:11, 3249:11,
3253:6, 3270:5, 3283:14, 3290:1,
3306:3, 3340:3, 3340:5, 3340:14
putting [4] - 3155:20, 3201:18, 3306:7,
3306:8

OCR

CM

CRR

Q
Qaeda [8] - 3158:7, 3158:8, 3158:14,
3221:17, 3221:22, 3221:23, 3223:21,
3225:16
quality [2] - 3212:9, 3212:11
quantities [1] - 3301:10
quarter [1] - 3305:10
quarters [1] - 3216:8
Queens [1] - 3229:11
questioned [2] - 3254:13, 3325:3
questioning [2] - 3211:17, 3326:23
questions [18] - 3204:7, 3220:24,
3252:10, 3256:12, 3278:23, 3279:3,
3285:13, 3294:3, 3294:13, 3295:12,
3298:25, 3305:2, 3312:15, 3312:16,
3314:9, 3324:17, 3339:2, 3347:22
quickly [1] - 3239:14
quite [2] - 3287:23, 3289:22
quote [1] - 3297:14

R
racketeering [3] - 3294:18, 3294:19,
3308:3
raised [3] - 3225:5, 3226:13, 3283:18
Ramadan [14] - 3216:21, 3216:22,
3217:3, 3217:17, 3217:20, 3337:4,
3337:6, 3337:14, 3337:17, 3337:21,
3338:12, 3338:21, 3339:4, 3339:5
ran [4] - 3235:19, 3327:21, 3327:23
randomly [1] - 3195:1
rank [3] - 3160:20, 3163:4, 3222:20
rather [9] - 3158:14, 3185:25, 3217:2,
3225:23, 3231:6, 3234:9, 3261:5,
3298:13, 3306:7
rationale [1] - 3224:25
RD [1] - 3309:18
RD-A [1] - 3309:18
RDA [1] - 3306:15
RDB [1] - 3306:15
Re [1] - 3224:20
reach [7] - 3172:13, 3204:22, 3206:15,
3210:3, 3210:7, 3338:25, 3339:12
reached [7] - 3184:10, 3184:14,
3207:1, 3208:14, 3210:11, 3263:9,
3350:22
reaching [2] - 3205:24, 3205:25
reaction [1] - 3166:5
read [31] - 3161:15, 3221:6, 3221:9,
3223:17, 3227:15, 3227:16, 3228:2,
3231:10, 3239:21, 3251:8, 3263:21,
3280:20, 3300:5, 3300:6, 3300:20,
3305:7, 3320:19, 3321:1, 3321:4,
3327:12, 3334:19, 3338:17, 3341:7,
3341:16, 3341:17, 3341:23, 3347:11,
3347:13, 3347:16, 3349:20
reading [6] - 3182:20, 3200:7,

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 224 of 230 PageID #: 5646
21
3210:24, 3224:7, 3347:17, 3347:18
ready [13] - 3165:13, 3205:2, 3205:7,
3219:4, 3228:5, 3228:23, 3232:20,
3257:10, 3262:18, 3282:11, 3285:23,
3307:3, 3335:12
real [6] - 3215:4, 3215:8, 3215:12,
3216:24, 3247:14
really [13] - 3161:4, 3162:20, 3162:23,
3202:5, 3230:21, 3233:20, 3234:16,
3249:19, 3249:21, 3256:14, 3278:23,
3281:21, 3294:12
reason [12] - 3177:8, 3182:16,
3196:14, 3197:6, 3213:6, 3213:21,
3226:17, 3256:11, 3263:11, 3280:15,
3303:22, 3346:9
reasons [7] - 3170:23, 3267:16,
3268:6, 3269:3, 3280:14, 3320:21
recalling [1] - 3171:19
receive [3] - 3183:22, 3196:6, 3316:2
received [1] - 3308:9
recess [2] - 3251:15, 3256:15
Recess [1] - 3305:24
recognize [8] - 3240:20, 3240:22,
3240:23, 3243:5, 3246:12, 3246:15,
3299:24
recognizes [1] - 3200:13
recollect [14] - 3170:17, 3198:19,
3238:1, 3259:15, 3289:17, 3300:20,
3327:6, 3327:17, 3332:12, 3332:17,
3332:24, 3334:12, 3335:11, 3339:22
recollection [37] - 3153:8, 3153:17,
3153:20, 3154:3, 3157:12, 3200:9,
3201:13, 3202:13, 3202:15, 3202:19,
3202:25, 3206:19, 3207:4, 3208:9,
3208:21, 3210:6, 3211:2, 3227:25,
3228:3, 3231:20, 3236:17, 3237:5,
3255:22, 3256:14, 3263:25, 3270:1,
3292:17, 3293:2, 3295:2, 3295:15,
3296:7, 3306:5, 3306:9, 3310:11,
3335:5, 3339:25, 3347:13
recollections [1] - 3219:12
recommended [1] - 3303:8
recommends [1] - 3198:16
record [27] - 3154:5, 3158:21, 3159:5,
3161:16, 3168:19, 3213:3, 3221:6,
3221:9, 3232:7, 3232:14, 3232:21,
3233:5, 3233:7, 3233:11, 3234:10,
3235:9, 3235:22, 3249:2, 3250:2,
3285:11, 3293:9, 3293:11, 3293:13,
3303:11, 3306:3, 3306:12
Record [1] - 3341:17
recorded [13] - 3152:4, 3213:1,
3232:9, 3232:18, 3234:24, 3234:25,
3235:15, 3235:25, 3236:2, 3259:10,
3259:13, 3259:23
recorder [3] - 3235:5, 3235:8, 3236:2
recording [25] - 3153:23, 3155:2,
3155:3, 3155:4, 3191:1, 3198:10,
3220:18, 3220:19, 3232:11, 3232:20,
3232:22, 3232:25, 3233:6, 3235:1,

GR

3235:12, 3235:13, 3235:16, 3235:17,


3235:19, 3235:21, 3236:4, 3255:23,
3262:22, 3320:22, 3321:4
recordings [21] - 3154:7, 3154:8,
3155:1, 3232:17, 3234:18, 3235:3,
3319:4, 3319:7, 3319:9, 3319:13,
3319:14, 3319:17, 3319:20, 3319:22,
3319:24, 3320:2, 3320:5, 3320:7,
3320:9, 3320:20
records [1] - 3201:11
recross [1] - 3351:13
rectified [1] - 3238:13
red [2] - 3242:11, 3243:3
redacting [1] - 3155:3
redirect [2] - 3351:12, 3351:24
reducing [1] - 3309:6
reduction [6] - 3296:18, 3302:8,
3302:24, 3303:23, 3304:1, 3308:21
refer [3] - 3224:20, 3263:24, 3306:7
referring [16] - 3162:5, 3171:6, 3181:4,
3186:12, 3191:12, 3192:10, 3193:24,
3195:14, 3195:15, 3216:14, 3217:10,
3217:12, 3217:17, 3227:1, 3270:15,
3272:10
refers [1] - 3221:19
refixing [1] - 3216:23
reflect [1] - 3199:22
refrain [2] - 3228:1, 3268:22
refresh [30] - 3153:7, 3153:19,
3184:18, 3201:13, 3202:15, 3202:25,
3207:4, 3208:9, 3208:21, 3211:2,
3219:12, 3227:25, 3231:20, 3232:8,
3236:16, 3259:12, 3290:5, 3292:16,
3293:1, 3295:2, 3295:15, 3296:6,
3300:20, 3310:11, 3331:13, 3333:20,
3335:5, 3338:20, 3339:25, 3341:25
refreshed [2] - 3154:4, 3256:6
refreshes [6] - 3200:9, 3202:13,
3202:18, 3228:3, 3237:5, 3347:13
refreshing [6] - 3153:17, 3255:22,
3256:14, 3306:5, 3306:9
refrigerator [1] - 3348:13
refugee [1] - 3244:5
regard [3] - 3211:14, 3272:4, 3350:20
regardless [1] - 3157:16
regards [4] - 3182:3, 3263:10,
3283:18, 3298:2
regular [3] - 3239:2, 3338:3, 3352:1
reimburse [1] - 3317:8
reimbursed [4] - 3316:25, 3317:18,
3317:20, 3318:4
reimbursement [1] - 3318:7
relate [1] - 3174:19
related [4] - 3153:22, 3174:1, 3174:16,
3317:12
relation [7] - 3166:3, 3193:13, 3224:8,
3260:8, 3268:18, 3268:25, 3290:8
relationship [1] - 3328:3
release [2] - 3313:5, 3313:8
released [14] - 3309:10, 3309:12,

OCR

CM

CRR

3310:12, 3310:16, 3310:19, 3310:22,


3310:24, 3311:6, 3311:8, 3311:11,
3311:17, 3312:1, 3312:4
relevance [4] - 3246:8, 3246:21,
3247:3, 3292:22
relevancy [1] - 3221:10
relevant [10] - 3156:23, 3162:15,
3222:2, 3247:11, 3248:14, 3293:1,
3294:2, 3306:21, 3340:21, 3346:24
reliable [3] - 3225:2, 3274:21, 3274:25
religion [1] - 3156:20
religious [7] - 3156:22, 3157:5,
3157:13, 3162:15, 3260:5, 3267:23,
3268:3
reluctant [1] - 3212:12
remainder [1] - 3154:13
remarks [1] - 3285:14
remember [62] - 3154:24, 3170:15,
3172:10, 3176:4, 3184:15, 3201:13,
3202:15, 3202:16, 3206:19, 3206:22,
3218:16, 3218:20, 3229:6, 3229:7,
3229:10, 3229:17, 3230:18, 3230:20,
3231:10, 3232:16, 3237:2, 3240:24,
3241:5, 3242:19, 3246:11, 3251:1,
3251:10, 3255:24, 3256:3, 3258:18,
3259:18, 3259:24, 3259:25, 3260:8,
3260:10, 3264:4, 3264:23, 3265:12,
3283:5, 3283:8, 3288:14, 3289:16,
3292:4, 3292:7, 3292:16, 3305:4,
3305:5, 3305:8, 3313:17, 3315:22,
3321:19, 3321:20, 3329:10, 3333:12,
3333:14, 3338:13, 3338:14, 3346:8,
3349:12, 3349:16
remembered [1] - 3269:14
remembers [1] - 3253:3
remind [11] - 3164:25, 3176:12,
3183:1, 3183:3, 3190:25, 3204:3,
3228:20, 3253:21, 3258:11, 3349:10,
3350:6
reminded [1] - 3254:5
reminding [1] - 3251:21
remove [1] - 3315:3
rent [2] - 3289:3, 3315:25
repeat [5] - 3175:2, 3178:24, 3189:16,
3225:15, 3274:18
repeated [4] - 3158:13, 3171:25,
3204:25, 3269:7
repeatedly [3] - 3158:12, 3158:13,
3293:17
repeating [1] - 3282:13
rephrase [6] - 3196:8, 3275:18,
3284:16, 3316:24, 3337:16, 3346:2
replayed [1] - 3247:17
reply [1] - 3255:14
replying [1] - 3253:7
report [9] - 3195:8, 3312:10, 3312:13,
3313:1, 3314:5, 3317:18, 3335:21,
3344:17, 3344:18
reported [2] - 3168:22, 3313:19
Reporter [1] - 3152:1

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 225 of 230 PageID #: 5647
22
reporting [4] - 3186:14, 3313:22,
3313:24, 3335:17
representation [1] - 3298:22
representations [2] - 3303:11,
3303:14
represented [1] - 3237:9
request [3] - 3253:4, 3317:18, 3343:19
requested [1] - 3219:9
requests [1] - 3253:3
require [1] - 3211:17
reschedule [1] - 3348:22
research [3] - 3218:21, 3251:6,
3349:21
researching [2] - 3267:20, 3268:2
resources [2] - 3237:17, 3328:7
respect [10] - 3197:21, 3219:8, 3220:6,
3221:16, 3225:4, 3227:25, 3295:15,
3306:19, 3306:22, 3344:20
respond [2] - 3176:2, 3176:3
response [2] - 3220:13, 3255:4
responsive [1] - 3253:6
rest [4] - 3190:22, 3191:5, 3253:18,
3349:24
rested [1] - 3164:11
return [6] - 3234:20, 3235:4, 3235:22,
3235:24, 3236:1, 3236:3
reversed [1] - 3251:24
review [5] - 3156:8, 3156:9, 3181:10,
3181:12, 3255:17
revised [1] - 3155:20
revisit [2] - 3155:8, 3194:14
revolvers [1] - 3301:20
rewarded [2] - 3300:10, 3300:13
rich [2] - 3215:1, 3215:8
RICO [1] - 3302:10
rights [1] - 3315:13
risk [1] - 3255:25
risky [1] - 3234:17
Rivera [1] - 3290:11
road [1] - 3177:4
Robert [1] - 3152:19
role [8] - 3156:22, 3157:5, 3232:6,
3282:4, 3288:6, 3288:19, 3288:20,
3294:12
roles [1] - 3267:21
room [3] - 3185:11, 3185:13, 3201:15
rooms [1] - 3262:1
roots [1] - 3212:15
routine [1] - 3251:3
Ruben [1] - 3290:11
Rudolph [1] - 3152:1
Rule [3] - 3222:10, 3224:3, 3224:16
rule [4] - 3223:20, 3223:25, 3224:1,
3224:4
ruled [2] - 3154:20, 3226:2
Rules [2] - 3159:13, 3159:21
ruling [2] - 3156:1, 3225:17
runaround [2] - 3281:12, 3281:14
running [1] - 3197:14

GR

RUSSELL [1] - 3151:8


Rutherford [7] - 3166:9, 3166:24,
3167:2, 3196:9, 3196:25, 3198:4,
3261:10
Rutherford's [1] - 3167:1

S
safe [3] - 3233:3, 3233:11, 3350:1
safely [1] - 3234:1
safety [2] - 3232:25, 3233:11
Salah [1] - 3324:5
sale [1] - 3248:4
Saleem [2] - 3258:18, 3261:24
Saleem's [1] - 3260:16
Salim [12] - 3240:8, 3242:22, 3243:3,
3243:4, 3243:9, 3243:22, 3244:1,
3244:4, 3244:7, 3244:14, 3246:12
Salim's [2] - 3242:25, 3249:23
Samuel [1] - 3290:11
sand [1] - 3197:15
sandwich [1] - 3348:12
Santiago [1] - 3290:11
satisfied [1] - 3280:3
save [2] - 3153:16, 3235:7
saw [7] - 3166:24, 3212:23, 3248:22,
3326:23, 3329:24, 3330:1
scam [1] - 3238:6
scams [1] - 3238:4
scanners [1] - 3239:21
schedule [8] - 3251:25, 3252:1,
3252:6, 3252:25, 3254:1, 3255:1,
3349:11, 3352:1
scheduling [8] - 3250:20, 3252:24,
3253:2, 3253:22, 3305:17, 3348:2,
3350:8, 3351:2
scholars [1] - 3244:15
scholarship [1] - 3244:15
scholarships [2] - 3212:17, 3212:19
school [1] - 3244:9
screen [4] - 3167:3, 3167:4, 3167:14,
3240:17
se [3] - 3270:22, 3297:25, 3303:25
search [2] - 3175:7, 3175:8
searched [6] - 3173:23, 3174:6,
3174:10, 3265:13, 3265:15, 3265:18
season [1] - 3337:17
seat [4] - 3219:2, 3251:22, 3257:3,
3350:3
seated [12] - 3152:12, 3152:24,
3164:7, 3164:17, 3228:11, 3228:14,
3257:3, 3257:20, 3257:24, 3305:13,
3307:11, 3307:13
Second [1] - 3293:16
second [20] - 3154:23, 3158:24,
3159:6, 3173:24, 3186:15, 3237:4,
3250:11, 3261:3, 3262:15, 3294:20,
3306:17, 3309:21, 3327:2, 3327:11,
3328:1, 3338:16, 3340:15, 3342:1,

OCR

CM

CRR

3347:12
secondly [1] - 3348:11
sect [1] - 3244:20
securities [1] - 3224:21
security [11] - 3194:17, 3194:18,
3194:21, 3195:3, 3195:4, 3195:8,
3196:6, 3325:13, 3326:10, 3326:21,
3327:4
see [49] - 3172:13, 3173:7, 3179:25,
3182:5, 3183:6, 3183:13, 3189:9,
3195:6, 3195:20, 3197:19, 3200:13,
3200:15, 3202:18, 3207:5, 3210:6,
3221:21, 3233:18, 3237:4, 3240:2,
3241:21, 3242:18, 3245:5, 3248:21,
3249:6, 3249:10, 3249:12, 3249:25,
3251:11, 3254:18, 3254:23, 3255:14,
3255:19, 3256:11, 3257:4, 3268:7,
3291:3, 3292:22, 3295:10, 3310:7,
3322:9, 3327:1, 3327:2, 3327:9,
3340:25, 3347:12, 3349:23, 3351:14,
3352:4
seek [2] - 3169:20, 3275:3
seeking [7] - 3155:24, 3156:4, 3156:5,
3159:17, 3159:19, 3272:3, 3306:19
seeks [1] - 3224:12
seem [3] - 3162:25, 3249:5, 3344:2
segment [1] - 3263:5
seized [3] - 3174:22, 3192:22, 3192:25
seizure [2] - 3300:10, 3300:14
sell [3] - 3281:3, 3289:20, 3330:17
selling [2] - 3289:21, 3304:25
sells [1] - 3330:15
semiautomatic [1] - 3301:20
send [5] - 3228:9, 3235:2, 3328:11,
3330:7, 3332:15
sending [1] - 3331:6
senior [1] - 3244:19
sense [7] - 3248:12, 3254:25, 3293:10,
3293:25, 3351:11, 3351:21, 3351:24
sensitive [17] - 3177:7, 3187:7,
3188:8, 3188:11, 3190:3, 3190:8,
3190:17, 3190:20, 3203:7, 3205:5,
3205:10, 3205:12, 3263:20, 3264:23,
3266:24, 3267:1
sensitivity [4] - 3264:15, 3265:7,
3266:6, 3282:1
sent [3] - 3313:8, 3332:21, 3333:17
sentence [29] - 3223:2, 3267:4,
3280:20, 3287:8, 3294:9, 3296:16,
3296:17, 3296:20, 3300:15, 3302:2,
3302:6, 3302:8, 3302:9, 3302:23,
3302:24, 3303:4, 3303:5, 3303:7,
3303:12, 3303:19, 3303:21, 3304:3,
3304:15, 3308:6, 3308:9, 3308:11,
3308:21, 3309:6, 3311:11
sentenced [2] - 3302:1, 3302:20
sentencing [2] - 3296:23, 3308:13
separate [1] - 3196:23
September [8] - 3322:1, 3323:7,
3323:13, 3323:17, 3323:21, 3324:4,

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 226 of 230 PageID #: 5648
23
3324:14, 3337:22
series [1] - 3208:4
sermon [1] - 3269:11
serve [1] - 3294:8
set [6] - 3163:20, 3163:22, 3237:24,
3257:4, 3327:18, 3329:12
setback [5] - 3189:6, 3189:11,
3189:20, 3202:1, 3203:16
seven [3] - 3180:2, 3180:8, 3308:11
several [10] - 3155:23, 3163:18,
3210:10, 3214:24, 3236:10, 3240:12,
3260:4, 3260:16, 3264:17, 3331:16
SF [6] - 3291:1, 3338:16, 3339:24,
3340:15, 3340:20, 3346:23
SF-10 [1] - 3334:17
SF-3 [1] - 3327:8
shades [1] - 3164:13
Shafiq [2] - 3276:21, 3276:22
shake [1] - 3279:24
shall [1] - 3218:14
shame [1] - 3250:3
shared [1] - 3170:7
Shea [3] - 3329:5, 3330:3, 3330:11
Sheik [100] - 3167:1, 3167:2, 3167:10,
3167:25, 3168:2, 3171:23, 3172:2,
3172:7, 3172:23, 3173:1, 3173:3,
3174:11, 3177:21, 3177:24, 3177:25,
3178:4, 3182:2, 3184:5, 3184:6,
3184:8, 3184:15, 3186:2, 3229:20,
3229:22, 3230:4, 3230:8, 3230:15,
3230:18, 3230:24, 3236:20, 3236:23,
3237:15, 3237:19, 3238:2, 3238:11,
3238:12, 3238:14, 3238:16, 3242:2,
3242:13, 3243:22, 3244:1, 3244:4,
3244:6, 3244:12, 3244:17, 3244:18,
3244:21, 3244:25, 3258:24, 3260:13,
3260:21, 3260:22, 3260:23, 3261:19,
3267:19, 3267:22, 3267:25, 3268:2,
3268:7, 3268:11, 3268:14, 3268:16,
3269:20, 3270:12, 3270:15, 3272:5,
3274:18, 3275:7, 3275:25, 3276:17,
3276:18, 3277:2, 3277:5, 3277:7,
3277:12, 3278:7, 3281:22, 3281:23,
3282:5, 3283:16, 3284:9, 3284:20,
3285:2, 3325:19, 3337:18, 3337:19,
3338:2, 3339:21, 3340:2, 3340:13,
3346:8
sheik [1] - 3244:19
Sheikh [44] - 3189:8, 3189:10, 3192:4,
3193:10, 3193:21, 3195:17, 3195:18,
3198:15, 3204:17, 3204:18, 3204:21,
3205:4, 3205:18, 3205:22, 3206:6,
3206:9, 3206:15, 3206:22, 3207:2,
3211:25, 3212:1, 3212:2, 3212:4,
3212:10, 3212:14, 3212:15, 3212:16,
3213:16, 3213:18, 3214:20, 3214:22,
3215:3, 3215:6, 3215:7, 3215:10,
3216:7, 3216:9, 3216:11, 3216:14,
3217:11, 3217:19, 3218:5
Shia [1] - 3245:3

GR

shifted [1] - 3162:25


Shiite [4] - 3250:2, 3282:24, 3283:1
Shiites [4] - 3282:8, 3282:9, 3282:10
Shiits [4] - 3281:7, 3282:12, 3282:22,
3282:23
shipping [1] - 3328:19
shirt [2] - 3242:11, 3243:3
shoot [1] - 3317:15
short [4] - 3159:16, 3246:18, 3272:22,
3345:10
shortly [1] - 3166:4
shots [1] - 3249:12
show [35] - 3153:13, 3153:21, 3154:2,
3166:18, 3167:8, 3167:14, 3198:19,
3208:15, 3210:18, 3210:19, 3225:13,
3228:1, 3241:19, 3255:21, 3260:22,
3280:10, 3295:8, 3295:16, 3299:20,
3299:23, 3309:16, 3310:6, 3310:11,
3312:15, 3327:6, 3327:7, 3333:19,
3334:15, 3338:15, 3339:23, 3340:12,
3340:15, 3340:19, 3341:2, 3346:22
showed [17] - 3167:2, 3167:5, 3167:8,
3167:12, 3199:15, 3226:24, 3232:11,
3246:19, 3258:20, 3260:21, 3260:25,
3263:19, 3277:18, 3277:21, 3277:22,
3327:18, 3330:24
showing [9] - 3158:6, 3161:8, 3166:8,
3166:13, 3240:17, 3260:8, 3260:12,
3341:22, 3342:2
shown [3] - 3240:15, 3246:17, 3325:4
shows [2] - 3223:10, 3225:11
Shukrijumah [1] - 3193:21
shut [1] - 3307:1
Side [1] - 3246:1
side [16] - 3195:20, 3200:15, 3201:1,
3207:6, 3208:1, 3209:2, 3245:6,
3246:22, 3247:13, 3247:23, 3248:18,
3248:19, 3249:4, 3249:14, 3250:9,
3291:3
Sidebar [2] - 3292:1, 3343:1
sided [2] - 3169:7, 3169:14
sign [2] - 3298:12, 3298:15
signed [4] - 3253:16, 3287:1, 3298:10,
3300:21
signify [1] - 3160:8
similar [2] - 3309:4, 3316:15
simple [4] - 3190:11, 3196:10,
3196:11, 3196:24
simply [1] - 3159:5
simultaneously [2] - 3255:15, 3285:6
sister [2] - 3244:8, 3244:16
sit [2] - 3281:23, 3281:24
site [1] - 3249:18
sitting [3] - 3223:11, 3243:5, 3272:17
situation [4] - 3233:11, 3233:16,
3233:19, 3234:17
six [2] - 3300:4, 3311:14
size [1] - 3192:21
skills [3] - 3311:18, 3311:22
skip [3] - 3162:8, 3162:14, 3180:16

OCR

CM

CRR

sleep [2] - 3349:5, 3349:25


small [1] - 3234:22
smoothest [1] - 3256:2
snack [3] - 3348:11, 3348:17, 3349:13
so-called [1] - 3285:18
social [1] - 3196:6
socially [1] - 3272:3
sold [1] - 3292:8
sole [1] - 3276:12
soliciting [1] - 3214:7
someone [13] - 3196:20, 3198:4,
3214:17, 3214:22, 3217:17, 3224:6,
3229:6, 3229:20, 3274:16, 3284:14,
3284:19, 3293:9, 3331:7
something's [1] - 3208:11
sometime [2] - 3265:25, 3326:7
sometimes [9] - 3186:1, 3194:12,
3233:22, 3233:24, 3233:25, 3234:2,
3234:13, 3234:15
somewhat [5] - 3243:21, 3281:21,
3309:6, 3335:10, 3338:13
son [9] - 3239:4, 3239:5, 3239:7,
3239:9, 3239:11, 3239:16, 3240:8,
3242:3, 3258:17
son's [1] - 3258:17
sons [2] - 3241:2, 3242:13
soon [6] - 3173:2, 3219:4, 3255:19,
3335:20, 3335:21, 3351:11
sorry [37] - 3153:11, 3164:14, 3175:2,
3178:3, 3178:25, 3179:2, 3179:6,
3184:11, 3189:16, 3190:10, 3206:25,
3207:5, 3208:2, 3217:16, 3221:7,
3241:11, 3273:7, 3286:19, 3286:25,
3298:14, 3304:5, 3304:9, 3304:12,
3309:11, 3310:14, 3310:18, 3311:1,
3311:2, 3317:11, 3317:13, 3321:14,
3321:17, 3321:20, 3326:5, 3340:24,
3341:1, 3350:15
sort [6] - 3192:14, 3196:13, 3253:11,
3253:24, 3293:18, 3331:17
sought [5] - 3156:21, 3157:3, 3157:13,
3220:7, 3267:16
sounds [3] - 3254:19, 3279:15, 3352:3
source [1] - 3204:20
space [1] - 3248:12
speaking [10] - 3161:24, 3167:18,
3176:11, 3215:24, 3221:22, 3254:5,
3263:4, 3328:6, 3340:8, 3340:9
Special [4] - 3287:1, 3287:7, 3290:1,
3294:20
special [9] - 3296:24, 3297:1, 3297:2,
3297:9, 3297:23, 3298:5, 3298:21,
3299:25, 3300:24
specific [15] - 3153:15, 3156:6,
3160:3, 3161:12, 3162:15, 3168:3,
3177:8, 3181:21, 3196:8, 3241:3,
3293:16, 3294:5, 3306:22, 3317:7,
3331:17
specifically [28] - 3157:22, 3159:21,
3161:11, 3167:14, 3169:20, 3170:2,

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 227 of 230 PageID #: 5649
24
3170:10, 3172:5, 3178:8, 3182:4,
3182:9, 3186:24, 3187:5, 3198:12,
3202:17, 3203:2, 3204:18, 3208:21,
3213:20, 3222:6, 3238:3, 3240:10,
3261:1, 3261:2, 3270:11, 3278:20,
3293:19, 3326:25
specifics [2] - 3346:14, 3347:9
speedy [1] - 3238:24
spend [1] - 3240:7
spent [2] - 3226:14, 3311:14
spiritual [4] - 3267:17, 3267:23,
3268:8, 3268:14
spoken [10] - 3171:23, 3182:16,
3210:17, 3212:25, 3278:13, 3280:17,
3280:19, 3281:20, 3299:2, 3331:7
spots [1] - 3236:12
spring [1] - 3288:8
spy [1] - 3195:6
stairwell [1] - 3243:7
stand [9] - 3156:10, 3156:21, 3163:15,
3227:16, 3251:16, 3256:10, 3268:25,
3307:8, 3351:4
standard [1] - 3199:13
standing [2] - 3160:22, 3179:3
stands [1] - 3222:8
start [7] - 3178:22, 3218:25, 3226:6,
3226:16, 3307:22, 3345:8, 3349:9
started [2] - 3304:25, 3351:13
starting [11] - 3161:19, 3179:14,
3180:4, 3262:14, 3279:10, 3300:6,
3322:7, 3345:9, 3348:5, 3349:12,
3349:24
starts [2] - 3225:25, 3226:18
stash [5] - 3287:18, 3287:25, 3288:24,
3314:24, 3315:3
state [14] - 3152:15, 3159:22, 3160:3,
3160:8, 3221:10, 3222:6, 3223:1,
3224:2, 3224:17, 3224:25, 3227:12,
3294:10, 3309:5, 3344:21
State [1] - 3311:21
statement [10] - 3203:14, 3222:14,
3222:20, 3222:25, 3224:17, 3225:11,
3227:11, 3227:14, 3300:11, 3343:24
statements [24] - 3158:10, 3160:9,
3160:20, 3196:3, 3222:20, 3224:12,
3224:13, 3224:15, 3224:23, 3224:24,
3225:2, 3225:8, 3225:9, 3225:18,
3227:23, 3304:10, 3306:23, 3343:21,
3343:22, 3344:6, 3344:7, 3344:9,
3344:10, 3344:12
STATES [3] - 3151:1, 3151:4, 3151:13
states [2] - 3301:14, 3316:22
States [14] - 3151:7, 3151:16, 3151:18,
3152:14, 3152:18, 3214:1, 3214:12,
3215:1, 3239:18, 3247:7, 3265:14,
3265:19, 3334:7, 3334:9
stating [1] - 3300:12
stay [2] - 3261:18, 3265:12
stayed [5] - 3242:25, 3249:23,
3261:17, 3261:19, 3344:9

GR

staying [13] - 3158:4, 3158:5, 3242:23,


3243:17, 3244:18, 3249:23, 3258:17,
3261:15, 3261:20, 3261:22, 3261:24,
3261:25, 3262:2
stenography [1] - 3152:4
step [2] - 3305:22, 3350:12
steps [1] - 3249:9
Steven [4] - 3164:22, 3234:2, 3234:4,
3300:2
sticker [2] - 3306:8, 3306:9
still [24] - 3164:25, 3178:15, 3205:21,
3228:21, 3250:18, 3254:17, 3258:11,
3261:17, 3266:1, 3282:12, 3282:22,
3287:8, 3305:14, 3307:20, 3313:19,
3336:5, 3336:6, 3339:19, 3339:20,
3340:2, 3341:8, 3350:5, 3351:6,
3351:12
stipend [1] - 3315:24
stipulation [5] - 3163:17, 3252:15,
3252:19, 3253:15, 3350:25
stood [1] - 3220:23
stop [9] - 3175:5, 3175:6, 3190:4,
3190:8, 3238:13, 3250:14, 3267:12,
3295:13, 3316:6
stopped [13] - 3174:2, 3174:25,
3191:11, 3192:1, 3193:17, 3195:12,
3215:20, 3216:4, 3216:19, 3217:14,
3217:22, 3218:13, 3316:7
stopped) [2] - 3192:9, 3217:7
stopping [1] - 3292:19
stops [33] - 3179:22, 3180:6, 3180:9,
3180:18, 3181:1, 3181:14, 3181:20,
3182:12, 3182:24, 3183:19, 3185:7,
3186:9, 3187:4, 3187:11, 3262:19,
3263:3, 3266:11, 3267:11, 3269:10,
3270:10, 3270:19, 3271:10, 3272:23,
3279:14, 3280:2, 3280:8, 3280:23,
3282:7, 3282:16, 3321:25, 3322:11,
3322:22, 3323:3
storage [1] - 3235:8
store [1] - 3288:4
stored [1] - 3288:1
straight [1] - 3196:10
strains [1] - 3159:10
strangers [1] - 3195:1
stray [1] - 3256:11
streamline [1] - 3351:17
stricken [1] - 3285:15
stronghold [1] - 3173:3
strongly [3] - 3168:9, 3170:13,
3297:11
student [5] - 3158:11, 3161:3, 3222:8,
3223:10, 3271:2
studied [5] - 3244:4, 3244:7, 3244:12,
3244:14, 3244:16
study [1] - 3244:6
stuff [3] - 3155:10, 3328:25, 3331:15
subject [2] - 3154:14, 3154:17
subjected [1] - 3293:4
submission [1] - 3161:17

OCR

CM

CRR

submit [5] - 3156:23, 3227:8, 3255:4,


3255:6, 3317:18
submitted [1] - 3253:4
subsequent [2] - 3225:12, 3225:14
substance [3] - 3156:19, 3225:15,
3350:9
substantively [1] - 3351:16
subway [3] - 3330:10, 3331:2, 3331:4
succeed [1] - 3162:1
successful [3] - 3212:13, 3339:15,
3340:11
sudden [1] - 3163:2
sufficiently [1] - 3225:2
suggest [1] - 3348:10
suggested [2] - 3182:6, 3253:8
suggestion [1] - 3254:1
suicide [1] - 3335:15
summations [1] - 3255:2
Sunni [1] - 3282:24
supervised [2] - 3313:5, 3313:8
supervision [4] - 3312:5, 3312:7,
3313:2, 3313:5
supplier [1] - 3330:15
suppliers [2] - 3330:13, 3330:17
supplies [1] - 3328:11
supply [1] - 3255:12
support [3] - 3221:23, 3268:1, 3268:12
suppose [1] - 3306:11
supposed [14] - 3218:6, 3234:19,
3234:20, 3275:14, 3275:19, 3275:21,
3276:10, 3277:17, 3277:20, 3277:24,
3278:6, 3312:7, 3312:10, 3344:24
supposedly [2] - 3218:5, 3344:15
surprise [2] - 3322:13, 3322:18
surrender [1] - 3317:24
surreptitious [1] - 3293:18
suspect [1] - 3279:3
suspicious [1] - 3279:1
sustain [1] - 3204:7
Sustained [6] - 3189:13, 3189:23,
3200:1, 3205:14, 3214:10, 3216:13
sustained [27] - 3166:20, 3171:15,
3174:4, 3190:6, 3198:1, 3204:2,
3213:8, 3217:6, 3237:7, 3237:12,
3245:5, 3264:20, 3265:3, 3266:9,
3268:21, 3269:8, 3272:21, 3279:7,
3279:18, 3284:2, 3285:21, 3286:11,
3286:22, 3299:14, 3299:19, 3301:2,
3304:14
switch [1] - 3305:21
sword [3] - 3191:9, 3191:12, 3191:13
swore [1] - 3304:21
sworn [1] - 3165:10
system [2] - 3305:20, 3308:25
systematics [2] - 3300:19, 3303:9

T
table [3] - 3152:19, 3152:24, 3153:3

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 228 of 230 PageID #: 5650
25
talks [3] - 3328:16, 3331:19, 3331:22
tall [1] - 3166:18
tamper [1] - 3235:18
tampering [1] - 3235:14
tank [2] - 3169:7, 3169:12
tanks [8] - 3167:22, 3167:23, 3168:1,
3168:7, 3170:24, 3177:4, 3177:6
Tape [28] - 3191:11, 3192:1, 3192:9,
3193:17, 3195:12, 3215:20, 3216:4,
3216:19, 3217:7, 3217:14, 3217:22,
3218:13, 3272:23, 3280:2, 3280:8,
3282:16
tape [81] - 3153:23, 3168:19, 3179:22,
3180:6, 3180:9, 3180:18, 3181:1,
3181:14, 3181:20, 3182:12, 3182:24,
3183:16, 3183:19, 3185:7, 3186:9,
3187:4, 3187:9, 3187:11, 3193:16,
3200:5, 3201:11, 3203:11, 3205:11,
3211:17, 3220:20, 3220:21, 3221:3,
3235:8, 3236:2, 3262:19, 3263:3,
3263:18, 3266:11, 3267:11, 3269:2,
3269:10, 3269:17, 3269:23, 3270:10,
3270:19, 3271:10, 3272:23, 3279:14,
3280:2, 3280:8, 3280:23, 3282:7,
3282:16, 3321:25, 3322:11, 3322:22,
3323:3
tape-record [1] - 3168:19
taped [6] - 3174:25, 3175:10, 3190:19,
3200:10
tapes [4] - 3185:14, 3185:16, 3320:15,
3320:20
teacher [7] - 3158:2, 3158:10,
3160:22, 3161:25, 3222:7, 3222:8,
3223:12
teacher/student [1] - 3223:19
team [2] - 3250:19, 3350:8
tech [6] - 3334:6, 3335:14, 3346:9,
3346:12, 3347:2, 3347:6
technical [3] - 3161:2, 3306:4,
3321:18
technologically [1] - 3239:18
technology [1] - 3235:6
telephone [3] - 3324:8, 3336:7,
3337:24
temporary [1] - 3202:2
ten [9] - 3159:19, 3159:24, 3206:13,
3206:20, 3206:24, 3208:25, 3219:21,
3293:6, 3305:18
terms [11] - 3158:22, 3214:7, 3230:12,
3230:25, 3233:10, 3253:3, 3294:5,
3306:9, 3315:7, 3319:3, 3321:3
terrorist [1] - 3161:23
testified [19] - 3160:13, 3165:10,
3202:9, 3203:6, 3247:15, 3248:22,
3290:10, 3290:18, 3302:14, 3308:2,
3309:20, 3310:3, 3313:14, 3314:8,
3314:16, 3315:20, 3317:14, 3321:9,
3322:12
testify [5] - 3208:3, 3248:20, 3290:7,
3343:19

GR

testifying [4] - 3201:11, 3202:1,


3228:1, 3268:22
testimony [12] - 3159:14, 3159:18,
3203:12, 3250:1, 3250:19, 3250:21,
3252:12, 3253:15, 3305:16, 3333:1,
3350:7, 3350:10
text [2] - 3183:14, 3183:20
THE [308] - 3151:13, 3152:11, 3152:13,
3152:20, 3152:25, 3153:5, 3153:19,
3154:1, 3154:10, 3154:16, 3154:19,
3155:14, 3156:9, 3156:14, 3156:25,
3157:2, 3157:12, 3157:16, 3160:10,
3160:18, 3160:23, 3162:18, 3163:6,
3163:8, 3163:13, 3163:21, 3164:1,
3164:4, 3164:6, 3164:10, 3164:11,
3164:15, 3164:21, 3164:24, 3164:25,
3165:2, 3165:3, 3165:7, 3165:13,
3165:20, 3166:20, 3169:22, 3169:24,
3171:15, 3173:16, 3174:4, 3175:2,
3175:7, 3178:11, 3178:17, 3178:21,
3178:25, 3179:3, 3179:6, 3179:9,
3179:12, 3179:16, 3179:21, 3179:23,
3184:11, 3184:20, 3184:25, 3185:2,
3185:5, 3189:13, 3189:23, 3190:6,
3190:14, 3190:24, 3195:20, 3196:1,
3196:9, 3196:23, 3197:4, 3197:9,
3197:14, 3197:19, 3198:1, 3198:24,
3199:2, 3200:1, 3200:15, 3201:2,
3201:18, 3203:13, 3203:17, 3204:2,
3205:14, 3207:5, 3208:5, 3208:7,
3208:17, 3208:19, 3209:1, 3210:7,
3210:8, 3210:10, 3210:12, 3210:13,
3210:20, 3211:20, 3213:8, 3213:10,
3214:10, 3215:16, 3215:19, 3215:24,
3216:13, 3217:6, 3218:15, 3219:2,
3219:5, 3219:7, 3219:15, 3219:20,
3220:3, 3220:10, 3221:7, 3222:13,
3222:17, 3223:5, 3223:14, 3223:17,
3224:1, 3224:3, 3224:11, 3224:20,
3225:10, 3225:20, 3226:1, 3226:5,
3226:8, 3226:10, 3226:13, 3227:20,
3228:5, 3228:9, 3228:11, 3228:18,
3228:22, 3228:23, 3231:15, 3232:23,
3233:10, 3233:12, 3233:13, 3233:15,
3234:6, 3236:7, 3237:7, 3237:12,
3238:19, 3239:12, 3239:15, 3241:9,
3241:12, 3241:15, 3241:18, 3241:25,
3242:2, 3242:7, 3245:5, 3246:2,
3246:6, 3246:20, 3247:12, 3248:6,
3248:18, 3249:14, 3249:17, 3250:1,
3250:8, 3250:17, 3250:22, 3250:23,
3251:15, 3251:18, 3251:21, 3253:10,
3253:21, 3254:2, 3254:8, 3254:10,
3254:14, 3255:1, 3255:8, 3255:11,
3255:15, 3256:8, 3257:3, 3257:6,
3257:8, 3257:10, 3257:11, 3257:12,
3257:14, 3257:15, 3257:16, 3257:17,
3257:19, 3258:2, 3258:5, 3258:9,
3258:10, 3258:11, 3258:13, 3259:19,
3259:25, 3260:1, 3262:17, 3264:20,
3265:3, 3266:9, 3268:21, 3269:8,

OCR

CM

CRR

3272:13, 3272:21, 3273:4, 3273:5,


3273:7, 3275:17, 3277:22, 3277:25,
3279:7, 3279:13, 3279:18, 3281:16,
3281:18, 3282:13, 3284:2, 3284:4,
3284:16, 3285:13, 3285:21, 3286:4,
3286:6, 3286:11, 3286:22, 3286:24,
3288:11, 3290:25, 3291:3, 3292:2,
3292:8, 3292:11, 3292:13, 3293:3,
3294:2, 3294:9, 3294:17, 3295:7,
3295:10, 3296:4, 3297:5, 3297:21,
3297:23, 3298:2, 3298:9, 3298:15,
3298:16, 3299:14, 3299:19, 3301:2,
3304:14, 3305:3, 3305:13, 3305:23,
3306:1, 3306:11, 3306:16, 3306:25,
3307:3, 3307:7, 3307:11, 3307:17,
3307:21, 3307:22, 3310:9, 3310:22,
3317:11, 3321:13, 3336:24, 3337:2,
3341:16, 3341:18, 3341:23, 3342:5,
3343:12, 3344:3, 3345:1, 3345:8,
3345:11, 3346:2, 3347:24, 3349:1,
3350:3, 3350:11, 3350:12, 3350:14,
3350:15, 3350:16, 3350:17, 3350:19,
3351:3, 3351:7, 3351:12, 3351:18,
3352:3
themselves [1] - 3269:22
theory [1] - 3158:17
thereafter [1] - 3166:4
Therrien [1] - 3179:10
they've [1] - 3227:5
thieves [1] - 3186:13
thinking [2] - 3161:4, 3180:12
third [7] - 3159:12, 3212:3, 3213:12,
3224:24, 3327:12, 3328:1, 3344:17
third-party [1] - 3159:12
thoughts [4] - 3220:23, 3227:11,
3238:1, 3332:17
thousand [2] - 3316:11, 3316:12
three [16] - 3170:16, 3170:18, 3190:23,
3212:24, 3238:22, 3239:23, 3242:21,
3252:15, 3252:22, 3265:23, 3277:1,
3277:12, 3335:3, 3350:24
Thursday [6] - 3165:17, 3201:19,
3219:10, 3321:13, 3321:14, 3321:15
ticket [16] - 3211:23, 3212:3, 3212:4,
3213:5, 3213:12, 3213:14, 3216:2,
3218:9, 3230:14, 3276:17, 3276:19,
3276:23, 3277:5, 3277:7, 3277:10,
3277:15
tickets [10] - 3237:10, 3237:13,
3237:14, 3237:18, 3237:21, 3276:25,
3277:1, 3277:9, 3277:12, 3277:15
timing [1] - 3266:4
today [6] - 3162:23, 3198:21, 3202:9,
3219:13, 3226:16, 3272:19
together [2] - 3244:9, 3244:17
token [2] - 3214:4, 3272:5
tomorrow [15] - 3183:21, 3345:8,
3345:9, 3345:12, 3348:1, 3348:5,
3348:18, 3348:19, 3349:2, 3349:10,
3349:12, 3349:23, 3351:14, 3352:4

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 229 of 230 PageID #: 5651
26
Toni [1] - 3153:3
TONI [1] - 3151:24
tonight [3] - 3221:18, 3327:3, 3351:17
took [15] - 3192:11, 3201:1, 3204:1,
3208:1, 3218:5, 3238:3, 3238:25,
3269:19, 3278:10, 3284:24, 3314:24,
3330:16, 3333:12, 3340:24, 3347:7
top [10] - 3159:1, 3178:22, 3179:8,
3179:14, 3181:13, 3226:18, 3262:15,
3279:10, 3322:8, 3342:2
total [4] - 3153:5, 3311:15, 3319:8,
3319:25
touch [9] - 3172:25, 3184:2, 3188:6,
3188:10, 3205:18, 3340:3, 3340:5,
3340:11, 3340:13
towards [1] - 3337:20
towns [2] - 3301:13, 3301:14
Trade [3] - 3332:21, 3333:14, 3333:24
traditional [1] - 3180:21
trafficking [2] - 3293:17, 3301:6
TRANSCRIPT [1] - 3151:12
transcript [34] - 3152:4, 3154:20,
3155:4, 3155:5, 3157:8, 3157:15,
3158:24, 3159:3, 3166:16, 3178:15,
3178:20, 3189:25, 3190:24, 3191:2,
3199:22, 3200:12, 3202:18, 3203:8,
3208:20, 3208:22, 3215:15, 3219:9,
3219:18, 3220:6, 3220:17, 3223:18,
3226:1, 3226:3, 3226:5, 3226:10,
3264:9, 3321:1, 3321:5
transcription [3] - 3152:4, 3166:12,
3322:25
transcripts [10] - 3153:6, 3200:4,
3219:11, 3249:7, 3320:8, 3320:10,
3320:13, 3320:16, 3320:18
travel [5] - 3230:20, 3230:25, 3237:15,
3275:20, 3275:21
traveling [3] - 3238:15, 3277:3, 3277:4
trial [16] - 3152:13, 3196:2, 3198:5,
3204:13, 3219:12, 3220:3, 3223:21,
3247:1, 3247:23, 3248:25, 3249:19,
3250:11, 3250:12, 3319:3, 3319:10
TRIAL [1] - 3151:12
tried [6] - 3210:4, 3233:22, 3336:2,
3338:25, 3340:2, 3344:8
Trinidad [43] - 3160:5, 3167:10,
3211:24, 3212:2, 3212:7, 3212:18,
3213:12, 3213:21, 3215:22, 3215:25,
3216:2, 3216:8, 3218:9, 3221:20,
3230:14, 3237:10, 3237:13, 3237:23,
3252:16, 3260:11, 3262:7, 3264:7,
3273:9, 3273:11, 3273:13, 3273:17,
3274:1, 3274:14, 3275:3, 3275:6,
3275:20, 3276:3, 3276:11, 3276:12,
3276:15, 3277:17, 3277:20, 3278:19,
3282:2, 3283:4, 3285:5, 3285:6, 3351:8
Trinidadian [2] - 3163:18, 3350:21
trip [9] - 3173:22, 3173:24, 3276:15,
3276:16, 3324:23, 3324:24, 3327:24,
3333:3, 3345:7

GR

troop [1] - 3325:17


trouble [1] - 3242:15
truck [3] - 3333:3, 3333:9, 3333:12
true [7] - 3166:16, 3172:12, 3285:17,
3294:1, 3297:19, 3297:24, 3298:1
trust [2] - 3208:11, 3212:8
trusting [1] - 3212:6
truth [11] - 3171:23, 3296:18, 3297:4,
3297:7, 3297:10, 3297:12, 3299:16,
3302:22, 3302:24, 3303:1
truthful [4] - 3296:24, 3297:25,
3298:1, 3298:24
truthfully [1] - 3313:1
try [11] - 3161:13, 3169:20, 3180:16,
3192:6, 3192:12, 3210:10, 3296:15,
3298:12, 3299:10, 3321:20, 3351:17
trying [22] - 3179:24, 3190:15,
3191:21, 3197:2, 3201:17, 3202:24,
3206:16, 3206:20, 3208:21, 3221:21,
3235:6, 3236:19, 3248:24, 3270:12,
3270:16, 3272:18, 3285:2, 3303:19,
3317:2, 3328:10, 3340:5, 3351:19
Tuesday [2] - 3251:20, 3348:19
turn [11] - 3178:17, 3179:7, 3184:20,
3215:15, 3233:17, 3233:18, 3233:22,
3234:3, 3234:8, 3264:4, 3334:18
turned [1] - 3179:18
TV [3] - 3167:3, 3167:4, 3167:14
twenty [1] - 3302:13
twenty-five [1] - 3302:13
twist [1] - 3272:18
two [35] - 3156:9, 3156:15, 3159:1,
3169:7, 3169:25, 3172:13, 3172:16,
3172:17, 3172:18, 3172:22, 3173:6,
3173:9, 3173:13, 3173:19, 3184:1,
3185:4, 3185:6, 3186:13, 3215:17,
3216:16, 3241:1, 3250:7, 3250:11,
3252:21, 3253:14, 3253:19, 3254:12,
3279:11, 3283:3, 3305:25, 3326:9,
3330:19, 3343:2, 3344:1, 3348:2
two-headed [1] - 3344:1
two-sided [1] - 3169:7
types [1] - 3235:7

U
U.S [2] - 3199:11, 3199:14
UN [2] - 3325:23, 3325:24
unable [1] - 3348:21
under [16] - 3159:20, 3164:25,
3175:24, 3213:18, 3216:23, 3216:24,
3224:21, 3228:21, 3250:18, 3258:12,
3268:11, 3305:14, 3307:20, 3315:6,
3318:5, 3350:5
undercover [5] - 3229:24, 3229:25,
3230:3, 3232:5, 3276:24
underlying [2] - 3295:6, 3295:7
understood [2] - 3221:16, 3252:17
unfortunately [2] - 3197:16, 3304:8

OCR

CM

CRR

unintelligible [1] - 3200:5


UNITED [3] - 3151:1, 3151:4, 3151:13
United [13] - 3151:7, 3151:16,
3151:18, 3152:14, 3152:18, 3214:12,
3215:1, 3239:18, 3247:7, 3265:14,
3265:19, 3334:7, 3334:9
unless [6] - 3163:13, 3235:13,
3263:25, 3293:17, 3300:14
unreliable [1] - 3274:17
up [89] - 3153:5, 3155:17, 3155:21,
3157:21, 3162:20, 3162:24, 3163:20,
3163:22, 3180:12, 3191:4, 3191:22,
3193:4, 3197:6, 3198:4, 3198:23,
3201:20, 3202:1, 3210:23, 3214:8,
3218:25, 3219:13, 3226:15, 3227:15,
3227:18, 3231:3, 3231:5, 3232:17,
3232:19, 3233:13, 3233:19, 3236:17,
3236:20, 3236:22, 3237:24, 3238:12,
3238:14, 3239:13, 3239:16, 3248:2,
3248:23, 3251:5, 3251:19, 3255:17,
3258:23, 3261:3, 3263:13, 3264:17,
3277:18, 3277:21, 3277:22, 3278:18,
3282:3, 3283:18, 3288:19, 3288:22,
3290:3, 3290:21, 3291:2, 3292:15,
3292:20, 3294:10, 3296:6, 3296:8,
3296:10, 3300:24, 3307:2, 3309:6,
3311:3, 3312:15, 3314:22, 3315:8,
3315:15, 3317:21, 3322:7, 3324:3,
3327:18, 3328:10, 3328:17, 3328:25,
3329:2, 3329:4, 3329:5, 3329:12,
3332:7, 3334:10, 3335:9, 3339:10,
3352:2
ups [1] - 3251:5
upset [3] - 3174:5, 3174:8, 3174:9
Usama [3] - 3205:20, 3206:2, 3211:15
Uzbekistan [2] - 3244:3, 3244:5

V
vaguely [1] - 3242:21
value [1] - 3262:23
Van [1] - 3214:18
variables [3] - 3194:13, 3232:19,
3232:24
various [2] - 3222:21, 3233:3
vary [1] - 3316:3
vein [1] - 3222:3
Venezuela [5] - 3168:14, 3169:20,
3170:3, 3188:19, 3188:25
versus [1] - 3152:14
video [17] - 3165:25, 3166:5, 3166:8,
3166:14, 3166:17, 3166:25, 3167:6,
3167:8, 3167:13, 3177:22, 3246:18,
3317:15, 3317:19, 3317:21, 3317:23,
3330:23
videos [1] - 3317:15
videotape [1] - 3248:6
view [9] - 3161:23, 3161:24, 3189:20,
3218:22, 3274:20, 3274:22, 3274:24,

CSR

Case 1:07-cr-00543-DLI Document 610 Filed 06/06/11 Page 230 of 230 PageID #: 5652
27
3344:11, 3344:13
views [9] - 3158:11, 3222:9, 3223:21,
3269:1, 3269:3, 3270:5, 3271:4, 3271:5
violation [3] - 3313:2, 3313:5, 3313:8
violence [1] - 3161:13
virtue [1] - 3224:5
visit [3] - 3165:21, 3218:3, 3268:10
visiting [1] - 3165:18
voice [4] - 3178:25, 3179:4, 3180:19,
3185:8

W
Wahab [17] - 3178:7, 3205:17,
3205:19, 3205:25, 3206:5, 3206:8,
3206:13, 3206:15, 3206:20, 3206:23,
3207:1, 3208:4, 3208:14, 3210:7,
3211:6, 3268:11
wait [3] - 3255:14, 3260:22, 3306:1
waiting [4] - 3171:21, 3189:9, 3230:25,
3344:22
wall [2] - 3167:23, 3168:1
walled [2] - 3167:22, 3168:1
walls [1] - 3169:14
wants [4] - 3181:21, 3215:22, 3252:18,
3293:12
warn [1] - 3227:22
watch [2] - 3237:16, 3330:24
water [2] - 3165:3, 3257:14
ways [4] - 3226:21, 3239:17, 3267:15,
3297:25
weapons [1] - 3301:20
wear [1] - 3232:10
wearing [1] - 3272:15
Wednesday [8] - 3253:9, 3253:20,
3348:20, 3349:2, 3349:4, 3349:8,
3349:10, 3351:22
week [20] - 3164:12, 3240:7, 3240:10,
3250:11, 3250:12, 3251:20, 3251:24,
3252:1, 3252:2, 3253:18, 3253:19,
3254:17, 3254:18, 3255:5, 3260:3,
3260:17, 3321:10, 3321:15, 3322:12
week's [1] - 3253:12
weekend [2] - 3162:22, 3164:9
weeks [13] - 3169:25, 3172:13,
3172:16, 3172:17, 3172:18, 3172:22,
3173:6, 3173:9, 3173:14, 3173:19,
3184:1, 3236:10, 3309:7
weigh [1] - 3289:8
welcome [5] - 3227:22, 3228:11,
3228:20, 3257:21, 3258:9
welfare [1] - 3196:15
well-being [1] - 3194:23
west [2] - 3223:9, 3227:6
Westlaw [1] - 3224:21
Whalen [9] - 3152:23, 3306:3,
3307:18, 3307:22, 3343:23, 3346:2,
3350:6, 3351:9, 3351:13
WHALEN [36] - 3151:21, 3152:22,

GR

3164:20, 3174:3, 3180:2, 3195:19,


3196:2, 3197:17, 3201:5, 3216:12,
3228:17, 3254:4, 3254:9, 3255:20,
3258:3, 3305:25, 3306:4, 3306:14,
3306:17, 3307:1, 3307:5, 3307:15,
3307:24, 3309:16, 3310:10, 3317:13,
3319:2, 3343:5, 3343:14, 3344:20,
3345:6, 3346:4, 3347:22, 3351:14,
3351:20, 3353:14
whatsoever [3] - 3177:6, 3244:10,
3313:24
white [1] - 3201:15
whole [13] - 3159:18, 3183:16, 3222:3,
3226:20, 3246:6, 3256:4, 3269:2,
3291:2, 3320:6, 3327:13, 3332:9,
3337:17, 3337:20
wholesale [1] - 3330:18
wife [8] - 3338:7, 3338:8, 3338:11,
3338:21, 3338:24, 3339:4, 3339:8
wiggle [2] - 3321:19, 3321:20
William [1] - 3290:11
willing [3] - 3215:2, 3247:19, 3256:6
wire [6] - 3232:10, 3234:14, 3235:11,
3236:5, 3272:15
wise [1] - 3316:10
withdraw [2] - 3220:18, 3248:11
withdrawn [25] - 3166:11, 3166:22,
3172:21, 3173:18, 3176:2, 3185:13,
3185:15, 3211:21, 3216:6, 3232:13,
3237:8, 3270:2, 3272:25, 3274:5,
3274:12, 3276:13, 3288:6, 3289:24,
3290:10, 3296:13, 3297:14, 3299:8,
3302:20, 3309:17, 3316:5
withdrew [2] - 3156:3, 3220:17
WITNESS [32] - 3164:4, 3164:10,
3164:24, 3165:2, 3169:24, 3210:8,
3210:12, 3219:5, 3228:22, 3233:12,
3233:15, 3239:15, 3242:2, 3250:22,
3251:18, 3257:15, 3257:17, 3258:10,
3258:13, 3259:25, 3273:4, 3273:7,
3281:18, 3286:6, 3297:23, 3298:16,
3305:23, 3307:21, 3337:2, 3350:11,
3350:14, 3350:16
witness [42] - 3156:10, 3156:15,
3163:15, 3163:24, 3164:3, 3165:9,
3179:19, 3197:7, 3198:25, 3200:13,
3201:6, 3207:4, 3219:6, 3220:4,
3227:16, 3228:8, 3231:12, 3231:14,
3240:14, 3250:10, 3251:16, 3253:14,
3253:17, 3256:9, 3257:13, 3269:9,
3293:22, 3296:3, 3306:2, 3307:3,
3307:8, 3309:16, 3310:9, 3310:10,
3310:11, 3327:8, 3334:15, 3348:1,
3350:18, 3351:5
Witness [1] - 3307:6
witness' [5] - 3153:7, 3203:11,
3227:25, 3306:5, 3306:19
witnesses [11] - 3163:18, 3252:12,
3252:16, 3252:20, 3252:22, 3253:11,
3253:12, 3254:12, 3350:21, 3350:24,

OCR

CM

CRR

3351:25
woman [4] - 3215:1, 3215:9, 3215:12,
3215:13
wondering [2] - 3211:18, 3255:20
wood [5] - 3192:2, 3192:4, 3230:5,
3230:7, 3230:16
word [6] - 3267:13, 3267:14, 3286:17,
3286:18, 3300:6, 3332:13
words [5] - 3160:7, 3233:13, 3269:18,
3270:25, 3272:18
works [6] - 3239:4, 3239:5, 3239:7,
3239:11, 3256:2, 3303:10
World [3] - 3332:20, 3333:14, 3333:24
world [3] - 3182:18, 3266:13, 3267:6
Worldcom [1] - 3224:20
worried [2] - 3174:21, 3175:13
worries [1] - 3238:15
worth [3] - 3253:12, 3253:14, 3294:11
write [1] - 3239:24
writing [1] - 3196:5
wrongness [1] - 3225:24
wrote [2] - 3161:18, 3296:19
Wyck [1] - 3214:18

Y
year [3] - 3288:15, 3312:3, 3337:21
years [13] - 3170:16, 3170:18,
3212:24, 3227:3, 3304:24, 3308:11,
3311:14, 3312:8, 3313:11, 3323:11,
3323:13, 3324:4, 3324:6
yesterday [1] - 3171:12
YORK [1] - 3151:1
York [28] - 3151:7, 3151:19, 3152:2,
3173:20, 3173:21, 3173:22, 3190:9,
3196:21, 3216:16, 3229:1, 3276:25,
3277:11, 3287:2, 3301:10, 3301:12,
3301:13, 3311:21, 3324:18, 3329:22,
3336:5, 3336:6, 3338:7, 3339:19,
3339:20, 3340:2, 3340:17, 3341:9,
3345:7
yourself [5] - 3185:24, 3206:5,
3283:11, 3286:2, 3346:15
yourselves [4] - 3218:17, 3251:2,
3305:6, 3349:19

Z
ZAINAB [1] - 3151:18
Zainab [1] - 3152:18

CSR

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