4909 48OJSAT1 1 UNITED STATES DISTRICT COURT 1 SOUTHERN DISTRICT OF NEW YORK 2 -------------------------------------x 2 UNITED STATES OF AMERICA, 3 3 v. S1 02 Cr. 395 (JGK) 4 4 AHMED ABDEL SATTAR, a/k/a "Abu Omar," 5 a/k/a "Dr. Ahmed," LYNNE STEWART, 5 and MOHAMMED YOUSRY, 6 6 Defendants. 7 -------------------------------------x 7 8 August 24, 2004 8 9:35 a.m. 9 9 10 10 Before: 11 HON. JOHN G. KOELTL 11 12 District Judge 12 and a jury 13 13 APPEARANCES 14 14 DAVID N. KELLEY, 15 United States Attorney for the 15 Southern District of New York 16 ROBIN BAKER, 16 CHRISTOPHER MORVILLO, 17 ANTHONY BARKOW, 17 ANDREW DEMBER, 18 Assistant United States Attorneys 18 19 KENNETH A. PAUL, 19 BARRY M. FALLICK, 20 Attorneys for Defendant Sattar 20 21 MICHAEL TIGAR, 21 JILL R. SHELLOW-LAVINE, 22 Attorneys for Defendant Stewart 22 23 DAVID STERN, 23 DAVID A. RUHNKE, 24 Attorneys for Defendant Yousry 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 4910 48OJSAT1 1 (Trial resumes) 2 (In open court; jury not present) 3 THE COURT: Good morning, all. Please be seated. 4 Are we ready to begin? 5 MR. MORVILLO: The government is ready, your Honor. 6 MR. BARKOW: Your Honor, just so the court is aware, 7 before we begin to play the DVD, we have an oral stipulation 8 between the parties that I would like to read to the jury when 9 they come in. It is regarding a typographical error that was 10 discovered in the transcript. 11 THE COURT: Fine. Were the other copies of the 12 transcript provided so they can check and read along with their 13 copies if they want? 14 MR. MORVILLO: Yes, your Honor. I sent them out by 15 E-mail last night. 16 Just so your Honor is aware of what we are planning on 17 proceeding today, this morning when we start, we're going to 18 play the redacted video for Government Exhibit 17O6 X, which is 19 the transcript that was read yesterday to the jury, which is 20 Videotape 1 of May 19th. 21 What is going to happen is we are going to play the 22 video on the screen here. The jury should be instructed to 23 wear their ear sets, and then we are going to put the 24 transcript to appear on the monitors in front of the jury if 25 they want to refer down to it. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 4911 48OJSAT1 1 THE COURT: The whole thing will be played so they're 2 listening to -- 3 MR. MORVILLO: 1706 CX1. 4 THE COURT: What corresponds to the transcript that 5 was read? 6 MR. MORVILLO: That's correct, your Honor. 7 THE COURT: So they'll be listening to reasonable 8 portions of Arabic? 9 MR. MORVILLO: That's correct. 10 THE COURT: And watching? 11 MR. MORVILLO: That's correct. 12 THE COURT: And they'll see the -- 13 MR. MORVILLO: On the monitor in front of them. 14 THE COURT: -- they'll see the transcript. All right, 15 Bring in the jury. 16 (Jury present) 17 THE COURT: Good morning, ladies and gentlemen. 18 THE JURY: Good morning. 19 THE COURT: Good to see you all. All right. I 20 understand there is a stipulation. 21 MR. BARKOW: Yes, your Honor. The parties hereby 22 stipulate and agree -- this is an oral stipulation, your 23 Honor -- the parties hereby stipulate and agree that on 24 Government Exhibit 17O6 X, a typographical error appeared on 25 Page 5. "Your excellency" should read "sir." SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 4912 48OJSAT1 1 THE COURT: All right. 2 MR. RUHNKE: We have an issue. It has not been 3 corrected yet in the transcript. 4 MR. BARKOW: That's correct, your Honor. 5 THE COURT: I was going to ask so that the transcript 6 that the jury sees this morning, 1706 X, where it says "your 7 excellency" on Page 5, should read "sir"? 8 MR. BARKOW: That's correct, your Honor. 9 THE COURT: All right. The government. 10 MR. MORVILLO: Your Honor, at this time the government 11 would request permission to play for the jury Government 12 Exhibit 17O6 CX1 and CX2. They are the DVD portions that 13 correspond to Government Exhibit 1706 X, which was read to the 14 jury yesterday. 15 THE COURT: All right. 16 MR. MORVILLO: And if the court would instruct the 17 jury to put their headsets on. 18 THE COURT: And 1706 CX1 and 2 are admitted? 19 MR. MORVILLO: That's correct, your Honor. 20 (Government's Exhibits 1706 CX1 and 1706 CX2 received 21 in evidence) 22 THE COURT: Ladies and gentlemen, you should put your 23 headphones on. Remember that the dot faces forward and that 24 you have to turn them on. 25 MR. MORVILLO: Your Honor, if you could just let the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 4913 48OJSAT1 1 jury know that the video we'll be playing on the monitor screen 2 here and that the transcript will be scrolling on the monitors 3 in front of them. 4 THE COURT: All right. The video will be on the big 5 screen, and the transcript will be scrolling on the smaller 6 screens. 7 (Government Exhibit 17O6 CX1 was played) 8 MR. MORVILLO: Your Honor, we have a juror whose 9 headset is not working. 10 THE COURT: Okay. 11 (Pause) 12 THE COURT: Hold on. If a headphone isn't working, 13 just raise your hand and we'll replace it, but there shouldn't 14 be any sound coming now. Everything is stopped. 15 MR. MORVILLO: Your Honor, we can start it again just 16 as a test. 17 (Government Exhibit 17O6 CX1 was played) 18 THE COURT: Stop. 19 A JUROR: The noise. There is this noise. 20 THE COURT: Why don't you replace the headphones for 21 Juror No. 11. 22 (Pause) 23 THE COURT: No, please, just replace the headphones. 24 Thank you. 25 (Pause) SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 4914 48OJSAT1 1 THE COURT: Ladies and gentlemen, let me pause for 2 just a moment. I've already given you detailed instructions 3 with respect to transcripts, and you should follow all of those 4 instructions here. 5 Remember that the English transcript is an aid to your 6 listening. It is the recording which is in evidence, so you 7 should listen very carefully to the recording, and if you think 8 you hear something that is different from what is on the 9 transcript that will scroll in front of you, of course, it is 10 your hearing of the recording which is important because it is 11 the recording which is in evidence, and the transcript is an 12 aid to your listening to the recording which is in evidence. 13 There are also Arabic portions of the recording, and 14 the transcript will scroll during those portions which are in 15 Arabic. As I've told you, the transcript of the Arabic 16 portions are the testimony of the translators, interpreters who 17 have prepared the transcript, and those transcripts are in 18 evidence as what the translators say was transpiring in the 19 recording at that point. 20 As always, you should listen carefully to the entire 21 recording, and remember that this is a recording, part of which 22 is in English, part of which will be in Arabic, all right? 23 MR. MORVILLO: Your Honor, may I have a moment. 24 THE COURT: Please remember all the other instructions 25 that I've given you on transcripts, and I will repeat them SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 4915 48OJSAT1 1 again. 2 MR. MORVILLO: May we proceed, your Honor? 3 THE COURT: Yes. 4 (At this time, Government Exhibit 17O6 CX1 was played 5 while 1706 X was displayed on the monitors) 6 MR. MORVILLO: Your Honor, that is the end of 7 Government Exhibit 17O6 CX1. Government Exhibit 17O6 CX2 is 8 about a half hour. Do you want to take a stretch break or take 9 the morning break now? 10 THE COURT: We can take the morning break now, and if 11 we have to, take another break when we switch, we can do that 12 also. 13 Why don't we take 10 minutes now, ladies and 14 gentlemen. Remember to turn off, ladies and gentlemen, 15 remember to turn off your headphones to save the batteries. 16 Please remember my continuing instructions not to talk 17 about the case at all, always remember to keep an open mind 18 until you have heard all of the evidence and I've instructed 19 you on the law. All right. 20 (Jury excused) 21 THE COURT: All right. See you shortly. 22 (Recess) 23 (Continued on next page) 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 4916 48OLSAT2 1 (In open court; jury not present) 2 THE COURT: All right. Please be seated, all. 3 MR. RUHNKE: Can we be heard before the jury returns, 4 very quickly? 5 THE COURT: Go ahead. 6 MR. RUHNKE: Having now watched the video being played 7 with the transcript, we're going to make an application under 8 Rule 403 that with the balance of the prison visits, that it be 9 presented to the jury in the manner it's being presented now 10 and that the reading of the transcripts be dispensed with. Our 11 basic 403 objection is twofold: 12 First, basically the government gets to present its 13 evidence on these visits twice. And second, it's an undue -- 14 an unwarranted and unjustified consumption of time. If the 15 government continues to do it the way they're doing it, we are 16 adding four or five trial days by doubling the time to present 17 the single piece of evidence. The transcripts may be 18 followed -- I don't know if your Honor is following them, but I 19 believe the transcripts can be followed along with the video, 20 with the translations scrolling simultaneously, and are 21 understandable and capable of being followed. 22 So that's our application. 23 It might even be a question where your Honor might ask 24 the jury what its preference is, that they have two options on 25 this, and to hear what the jury feels is the appropriate way of SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 4917 48OLSAT2 1 proceeding. 2 I can see that that is not going over well. So I'll 3 stay with our Rule 403 objection, your Honor. 4 THE COURT: All right. Government? 5 MR. MORVILLO: Your Honor, obviously the government 6 opposes that request. We are in the middle of presenting this 7 evidence now. We started doing it this way. The defense has 8 known that we were going to do it this way. And now in the 9 middle, they're making this objection, and what they're 10 essentially saying is that the jury should watch the video and 11 read along with the transcripts at the same time. 12 With respect to the English, certainly what they hear 13 is the evidence. But with respect to the spoken Arabic, the 14 transcripts are the evidence. And the only reasonable way to 15 present the translations of the Arabic is by reading it to the 16 jury. It's difficult to both watch and read at the same time, 17 particularly given the type of conversations that are going on 18 here. There are very long articles that are being read, quick 19 conversations going back and forth. I have difficulty 20 following it both by watching and reading and I'm very familiar 21 with these transcripts. So we think that it is not going to 22 take an unreasonable amount of time. Given the type of 23 evidence that this is, at this juncture in the case, it's best 24 to present all of this evidence. 25 And I would also add that the reason why these SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 4918 48OLSAT2 1 transcripts are long to begin with is because of the 106 2 negotiations the parties had. The portions that the government 3 wanted to play initially were much shorter than this. And it 4 was because of the negotiations that the transcripts are longer 5 and the presentation of this evidence is longer. 6 But we think at the end of the day, this is the most 7 appropriate way to proceed, and we request permission to 8 continue to do so. 9 THE COURT: I agree with that. The application is 10 denied, for several reasons. As Mr. Tigar said yesterday, just 11 as the way -- this is the way in which the government has 12 decided to present its case, and it is the government's case. 13 There were no objections to this procedure when it was begun. 14 Everyone knew what the procedure was going to be. Further, it 15 would be unfair to the jury, also, to rely on the jury's 16 ability to read the evidence without hearing the evidence of 17 the transcripts of the Arabic part, the recording. 18 Now, with respect to time, the evidence will take 19 however long it takes. As a -- and I realize that the parties 20 have done a splendid job of agreement with respect to all of 21 the 106 problems and all of the transcript issues. And I doubt 22 that the parties would want to go through negotiations yet 23 again. 24 The alternative, obviously, is the government only 25 wanted to play portions of these. And so if the government SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 4919 48OLSAT2 1 wanted to read the portions of the Arabic that the government 2 had wanted to read and then play the whole tape, I would think 3 that that would be something that would be agreeable. But I'm 4 not sure that the parties would want to agree to that. Because 5 it was the defendants who wanted the rest of the full 6 transcript. So it's defendants who are having the rest played 7 twice. 8 MR. RUHNKE: Your Honor, just -- these are not the 9 entire transcripts that are being played. 10 THE COURT: I know. 11 MR. RUHNKE: These are not the entire visits. 12 THE COURT: But they're much longer than they would 13 have been had simply the government's portion been offered. 14 MR. RUHNKE: They're much longer than they would have 15 been if the parties hadn't agreed together on what was 16 appropriate. 17 THE COURT: Right. 18 MR. RUHNKE: And not presented your Honor with 3,000 19 pages of transcripts and said, Figure it out. I don't agree 20 with Mr. Morvillo's point that we had agreed on it, therefore 21 they're longer, so therefore they should be longer twice. I 22 have made my objection. Your Honor has ruled and I understand. 23 The point was, having actually seen it in practice, 24 and see it played out in front of the jury, it was our hope 25 that by making this objection, we actually thought the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 4920 48OLSAT2 1 government might even agree with it -- 2 THE COURT: I'm sorry? 3 MR. RUHNKE: I actually even thought the government 4 might agree with the proposal. We discussed it informally. 5 THE COURT: You're welcome to continue to discuss it. 6 MR. RUHNKE: It seems to be a closed subject, but our 7 door is open if they want to come back. I understand your 8 Honor's ruling. 9 THE COURT: And, you know, as I already instructed the 10 jury, the defendants are welcome to play any portion of these 11 in the course of any defendant's case, although no defendant 12 has any obligation to present any evidence. And you can do so, 13 if you wish, do it the same way. If there are portions you 14 think you want to play twice, you're welcome to do that in the 15 same way -- in the course of your case. 16 But the defendants have no obligation to put on any 17 evidence. 18 MR. RUHNKE: Thank you, your Honor. 19 THE COURT: All right. Bring in the jury. 20 (Continued on next page) 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 4921 48OLSAT2 1 (Jury entering courtroom) 2 (In open court) 3 THE COURT: Please be seated, all. All right. You 4 may proceed. 5 MR. MORVILLO: Thank you, your Honor. 6 The government would request permission to play 7 Government Exhibit 1706CX2. 8 THE COURT: Government Exhibit 1706CX2? 9 MR. MORVILLO: That's correct, your Honor. 10 THE COURT: All right. 11 MR. MORVILLO: We will proceed as we have previously. 12 THE COURT: Yes, and you're displaying to the jury the 13 transcript, which is Government Exhibit 1706X. 14 MR. MORVILLO: That's correct, your Honor. 15 THE COURT: In evidence. 16 MR. MORVILLO: In evidence. 17 THE COURT: All right. 18 MR. MORVILLO: If we could just remind the jury to put 19 on their headsets, your Honor. 20 (At this point, Government Exhibit 1706CX2, in 21 evidence, was played for the jury) 22 (At this point, Government Exhibit 1706X was, in 23 evidence, was displayed to the jury) 24 MR. BARKOW: Your Honor, at this point the government 25 requests permission to read to the jury Government SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 4922 48OLSAT2 1 Exhibit 1707X. 2 THE COURT: All right. Ladies and gentlemen, take off 3 your headsets, please. 4 MR. RUHNKE: Your Honor, is there a missing piece of 5 the transcript? It seemed to stop before the transcript. 6 MR. BARKOW: Your Honor, we think, although we would 7 need a minute to figure this out for sure, we think that that 8 last -- those last few lines of 1706 -- 9 THE COURT: Why don't we -- it's 11:44. We'll take 10 10 minutes rather than talk. 11 Ladies and gentlemen, please remember my continuing 12 instructions not to talk about the case, and keep an open mind 13 until you've heard all the evidence and I've instructed you on 14 the law. 15 All right. All rise, please. Please follow 16 Mr. Fletcher. 17 (Jury exits the courtroom) 18 THE COURT: While we are taking a break, can I talk to 19 the lawyers at the sidebar? 20 (At the sidebar) 21 THE COURT: Two things: Juror Number 17 has a 22 doctor's appointment on Thursday at 1:00 o'clock, and so we'll 23 have to break, I assume, around noon to accommodate that. 24 And second, Juror Number 7 was applying or going to 25 apply to be on the Election Commission and wanted to know if SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 4923 48OLSAT2 1 there was any conflict with her jury service -- conflict of 2 interest with her jury service. 3 The parties can think about that. I don't see civic 4 participation in an Election Commission raising any conflict of 5 interest. The only issue is whether there's any conflict of 6 time with her jury service. And I would think I could -- I 7 should talk to the juror about that with whoever wants to be 8 there and tell her exactly that. But you can think about that 9 and see if you agree with that. 10 MR. RUHNKE: Yes, your Honor. 11 (Morning recess) 12 (Continued on next page) 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 4924 48OJSAT3 1 THE COURT: Be seated, all. 2 MR. BARKOW: Your Honor, I think we have figured out 3 the technological glitch with respect to the last six lines, so 4 we have actually, when the jury comes back, would like to play 5 the DVD of those last six or seven lines and then go return to 6 reading 1707. 7 THE COURT: All right. Okay. 8 MR. RUHNKE: So the record is clear, we're playing the 9 same DVD or a different one? 10 MR. MORVILLO: Your Honor, it is not the same DVD; It 11 is Government Exhibit 17O6 C2, which is also in evidence. It 12 just did not make it onto the redacted version, which is an 13 error. 14 MR. RUHNKE: Some explanation of that will be given? 15 MR. BARKOW: That is fine, your Honor. 16 Basically, it was the DVDs were redacted to create a 17 single DVD or actually two DVDs that tracked the transcripts 18 that were ultimately introduced into evidence, and just by an 19 error, those lines did not make it into those redacted DVDs. 20 So we're going to go back a generation to the DVDs of 21 the prison visits as a whole which, in fact, are the ones the 22 translators worked off of, for example, just to play this six 23 or seven line portion directly from that DVD, And 1706 C2. 24 THE COURT: Is that in evidence to the extent that it 25 corresponds to the excerpted transcript 1606 X? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 4925 48OJSAT3 1 MR. BARKOW: Yes, your Honor. 2 THE COURT: What is being played is the portion that 3 is in evidence? 4 MR. BARKOW: Correct. 5 MR. TIGAR: Thank you. My question was answered, but 6 I had another one. I didn't understand at the sidebar, we 7 conclude our day in this courtroom at noon on Thursday? 8 THE COURT: Right. 9 MR. TIGAR: Thank you. 10 MR. BARKOW: Your Honor, is your Honor going to 11 explain to the jury the DVD switch? 12 THE COURT: I believe so, unless -- 13 MR. RUHNKE: I would like your Honor to explain it, 14 yes. 15 (Pause) 16 THE COURT: Let me suggest what I could tell the jury. 17 The government will play a portion of Government 18 Exhibit 17O6 C2, which includes the final lines of the 19 transcript that you saw before the break on Government Exhibit 20 17O6 X. 21 Government Exhibit 17O6 C2 is in evidence to the 22 extent that it corresponds to the portion of the transcript 23 Government Exhibit 17O6 X. So the portion of Government 24 Exhibit 17O6 C2 that you will see and hear is in evidence. 25 MR. RUHNKE: That sounds good, your Honor. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 4926 48OJSAT3 1 MR. BARKOW: That is fine with the government, too. 2 THE COURT: Okay. Then you'll move to 1707 X? 3 MR. BARKOW: Yes, your Honor. 4 THE COURT: In evidence? 5 MR. BARKOW: Yes. 6 THE COURT: Okay. Bring in the jury. 7 (Jury present) 8 THE COURT: All right. Please be seated, all. 9 Ladies and gentlemen, the government will now play a 10 portion of Government Exhibit 17O6 C2, which includes the final 11 lines of the transcript that you saw before the break on 12 Government Exhibit 17O6 X. 13 Government Exhibit 17O6 C2 is in evidence to the 14 extent it corresponds to a portion of the transcript Government 15 Exhibit 17O6 X. So the portion of Government Exhibit 17O6 C2 16 that you will see and hear is in evidence. All right. 17 Ladies and gentlemen, you should put on your 18 headphones. 19 (At this time, Government Exhibit 17O6 C2 was played 20 while Government Exhibit 17O6 X was displayed) 21 THE COURT: All right. Ladies and gentlemen, you can 22 take off the headphones now. 23 MR. BARKOW: Your Honor, at this point we request 24 permission to read to the jury Government Exhibit 17O6 X, which 25 is in evidence. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 4927 48OJSAT3 1 THE COURT: All right. 2 MR. BARKOW: And also display the transcript to the 3 jury while reading. 4 THE COURT: All right. 5 MR. BARKOW: We ask permission to have Mr. Glenn to 6 come forward to the witness stand and Ms. Friedlander to come 7 forward to the podium. 8 THE COURT: Yes. And remember, please keep your voice 9 up. 10 MR. BARKOW: Your Honor, may we proceed? 11 THE COURT: Yes. 12 MR. BARKOW: This is Government Exhibit 17O7 X, part 13 of the transcript of visit to Minnesota May 19th, 2000. It is 14 Videotape 2. Mr. Glenn will be reading the lines of Mohammad 15 Yousry. Ms. Friedlander will be using the lines of Lynne 16 Stewart. I will be reading the lines of Omar Abdel Rahman as 17 well as the lines of the officer and the unidentified female. 18 THE COURT: You may proceed. 19 (At this time, Government Exhibit 17O7 X was displayed 20 and read) 21 THE COURT: All right. Let's break there. Ladies and 22 gentlemen, we'll break for lunch until 10 after 2:00. 23 Ladies and gentlemen, please remember my continuing 24 instructions. Please, please, don't talk about the case. 25 Always remember to keep an open mind until you have heard all SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 4928 48OJSAT3 1 of the evidence and I have instructed you on the law. Enjoy 2 your lunch. I look forward to seeing you later in the 3 afternoon. 4 (Jury excused) 5 THE COURT: The witness may step down. Please be back 6 at 5 to 2:00. 7 (Luncheon recess) 8 (Continued on next page) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 4929 48OLSAT4 1 A F T E R N O O N S E S S I O N 2 2:20 p.m. 3 (In open court; jury not present) 4 THE COURT: All right, please be seated, all. I'll 5 tell the jurors at the end of the day that we'll only sit until 6 about 12:00 o'clock on Thursday. And the other issue of the 7 other juror commitment I can take up with you at the end of the 8 day and address with the juror tomorrow. I don't see any 9 urgency in that. 10 Okay. Why don't we call in the jury? 11 MR. BARKOW: Your Honor, should Mr. Glenn go up and 12 take the witness stand? 13 THE COURT: Yes. 14 (Jury enters courtroom) 15 (In open court) 16 THE COURT: Please be seated. Good afternoon, ladies 17 and gentlemen. 18 JURORS: Good afternoon. 19 THE COURT: Good to see you all. 20 All right. The government may proceed 21 MR. BARKOW: Thank you, your Honor, I would like to 22 proceed with Government Exhibit 1707X, if we may put it on the 23 screen. 24 THE COURT: All right. 25 MR. BARKOW: May we proceed? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 4930 48OLSAT4 1 THE COURT: Yes. 2 (At this point, Government Exhibit 1707X, in evidence, 3 was displayed and read to the jury) 4 MR. BARKOW: Your Honor, at this point the government 5 requests permission to play to the jury the DVD government 6 Exhibit 1707C2X, and display the transcript and scroll it as we 7 go. 8 THE COURT: Government Exhibit 1707C2X is in evidence, 9 correct? 10 MR. BARKOW: Yes, your Honor. And the transcript is 11 1707. 12 THE COURT: 1707X? 13 MR. BARKOW: Yes. 14 THE COURT: In evidence? 15 MR. BARKOW: Yes, your Honor. If we could ask the 16 jurors, your Honor, to put their headphones on. 17 THE COURT: Ladies and gentlemen, if you could put 18 your headphones on with the dot facing out and turn them on. 19 MR. BARKOW: May we proceed, your Honor? 20 THE COURT: Yes. 21 (At this point, Government Exhibit 1707X, in evidence, 22 was displayed to the jury) 23 (At this point, Government Exhibit 1707C2X, in 24 evidence, was played for the jury) 25 (Continued on next page) SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 4931 48OJSAT5 1 (At this point, Government Exhibit 17O7 C2X, in 2 evidence, was displayed to the jury) 3 THE COURT: Can you stop for a second. Stop for a 4 moment and take a stretch break. 5 (Pause) 6 THE COURT: All right. Please be seated. Proceed. 7 (At this point, Government Exhibit 17O7 C2X, in 8 evidence, was displayed to the jury) 9 THE COURT: All right. Ladies and gentlemen, please 10 turn the headsets off, and we'll take our afternoon break. 11 Please remember my continuing instructions. Please 12 remember don't talk about the case. Remember to keep an open 13 mind until you have heard all of the evidence and I've 14 instructed you on the law. Have a good break. 15 (Jury excused) 16 THE COURT: See you shortly. 17 (Recess) 18 THE COURT: Please be seated. 19 All right. Where are we? 20 MR. BARKOW: Your Honor, at this point we would like 21 to read 1710 X which is in evidence, the transcript of the 22 first videotape of the May 20th, 2000 prison visit. 23 THE COURT: Okay. Bring in the jury. 24 (Jury present) 25 THE COURT: All right. Please be seated. Mr. Barkow? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 4932 48OJSAT5 1 MR. BARKOW: At this point, the government requests 2 permission to publish to the jury the transcript of Government 3 Exhibit 1710 X and read that to the jury. 4 THE COURT: Yes. 1710 X? 5 MR. BARKOW: Ths is a transcript of a visit to 6 Minnesota, May 20th, 2000, Videotape 1. Mr. Glenn will be 7 reading the lines of Mohammad Yousry, Ms. Friedlander will be 8 reading the lines of Lynne Stewart, and I will be reading the 9 lines of Omar Abdel Rahman and an officer and unidentified 10 male. 11 THE COURT: All right. 12 MR. BARKOW: May we proceed? 13 THE COURT: All right. 14 (At this point, Government Exhibit 1710 X, in 15 evidence, was displayed and read) 16 THE COURT: Hold on. This will be a good time for us 17 to take a stretch break. 18 (Pause) 19 THE COURT: Hold on. Be seated. 20 MR. BARKOW: May we continue, your Honor? 21 THE COURT: Yes. 22 (At this point, Government Exhibit 1710 X, in 23 evidence, was displayed and read) 24 (Continued on next page) 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 4933 48OLSAT6 1 (At this point, Government Exhibit 1710X, in evidence, 2 continuing, was displayed and read to the jury) 3 THE COURT: I think this is a convenient to him to 4 break. We'll break right there, the bottom of Page 39. 5 MR. BARKOW: Yes, your Honor. 6 THE COURT: We'll pick up there tomorrow. 7 Ladies and gentlemen, for your planning, we're going 8 to break on Thursday at about 12:00 o'clock, so we won't be 9 sitting on Thursday afternoon. 10 Please remember my continuing instructions: Please, 11 please don't talk about this case at all. Don't talk about it 12 among yourselves; don't talk about it with anyone when you go 13 home this evening. Remember not to look at, listen to, read 14 anything to do with the case. If you should see or hear 15 something inadvertently, simply turn away. Always remember to 16 keep an open mind until you've heard all of the evidence, I've 17 instructed you on the law and you've gone to the jury room to 18 begin your deliberations. Fairness and justice to the parties 19 requires that you do that. 20 Have a very good evening, and I look forward to seeing 21 you tomorrow, at 9:30. 22 All rise, please. 23 (Jury exits the courtroom) 24 THE COURT: Mr. Glenn can step down. I'm going to 25 return to the government one set of headphones. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 4934 48OLSAT6 1 Please be here at 9:15 tomorrow and we'll take up the 2 other jury commitment. Did anyone have any other -- did anyone 3 have any disagreement with my suggestion? 4 MR. BARKOW: No, your Honor. 5 MR. RUHNKE: No, Sir. 6 THE COURT: Okay. So 9:15 tomorrow. Anything else? 7 All right. See you all tomorrow. 8 (Adjourned to August 25, 2004, @ 9:15 a.m.) 9 o 0 o 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 4935 48OLSAT6 1 GOVERNMENT EXHIBITS 2 Exhibit No. Received 3 1706 CX1 and 1706 CX2 . . . . . . . . . . 4912 4 o 0 o 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300