5851 49KMSAT1 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 September 20, 2004 8 9:30 a.m. 9 9 10 10 Before: 11 HON. JOHN G. KOELTL 11 12 District Judge 12 13 13 APPEARANCES 14 14 DAVID N. KELLEY 15 United States Attorney for the 15 Southern District of New York 16 ROBIN BAKER 16 CHRISTOPHER MORVILLO 17 ANTHONY BARKOW 17 ANDREW DEMBER 18 Assistant United States Attorneys 18 19 KENNETH A. PAUL 19 BARRY M. FALLICK 20 Attorneys for Defendant Sattar 20 21 MICHAEL TIGAR 21 JILL R. SHELLOW-LAVINE 22 Attorneys for Defendant Stewart 22 23 DAVID STERN 23 DAVID A. RUHNKE 24 Attorneys for Defendant Yousry 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5852 49KMSAT1 1 (Trial resumed) 2 MR. TIGAR: Your Honor, Ms. Stewart will be here 3 momentarily. She waives her presence for the discussion 4 outside of the presence of the jury and will do so when she 5 arrives. 6 THE COURT: There were a couple of matters that I 7 wanted to raise with you. First, we will be breaking for lunch 8 today at 12:20 and resuming at 2:00. We are breaking at 12:20 9 and resuming at 2:00. I believe I did it with the various 10 requests for breaking early that I received in the 11 correspondence and with respect to the one request by Mr. Stern 12 and Mr. Ruhnke. I think on that day we would be able to sit 13 for half a day. 14 MR. RUHNKE: I think so, your Honor. Thank you. 15 THE COURT: Next, on Luxor, I've considered the 16 government's motion for reconsideration with respect to the 17 second Luxor witness. The motion is denied. There is nothing 18 in the government's submission that leads the Court to believe 19 that it overlooked any facts or law in conducting the balancing 20 analysis that led the Court to exclude the evidence from the 21 second witness. The motion for reconsideration is therefore 22 denied. 23 Second, I realize that I've invited you all to argue, 24 because you asked me, about the newspaper article and exhibits 25 from the search of Ms. Stewart's office. There is one exhibit SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5853 49KMSAT1 1 that is in a somewhat different situation and that is 2 Government Exhibit 2634, which what is a note and that's been 3 separately -- there is separate correspondence on that. I have 4 reviewed Ms. Shellow-Lavine's December 15, 2004 letter and 5 Mr. Metzner's September 15, 2004 response on behalf of 6 government to the admissibility of Government Exhibit 2634. 7 And I've also reviewed Ms. Shellow-Lavine's September 17 8 letter. 9 Ms. Shellow-Lavine discusses all of the circumstances 10 that she argues makes Government Exhibit 2634 irrelevant and 11 inadmissible, particularly where it appears in the notebook 12 where it contains notes of the July 14, 2004 prison visit. 13 There is nothing about any of those arguments that suggests 14 that this page of notes is irrelevant or that the relevance is 15 outweighed by the danger of unfair prejudice. At this point, 16 therefore, the objection to admissibility is overruled. 17 There are a couple of issues raised in the 18 correspondence that the Court should comment on and the parties 19 are welcome to address them if they wish. 20 First, defense counsel sees no reason that any of the 21 correspondence should be filed under seal. Correspondence is 22 not generally filed unless the parties ask that it be filed, or 23 if it is memo endorsed. Given defense counsel's position, the 24 correspondence can certainly be given to the remaining defense 25 counsel and government trial counsel who have not seen any of SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5854 49KMSAT1 1 the correspondence exchange between the parties. 2 Second, defense counsel takes Mr. Metzner to task for 3 making an argument on admissibility. But this was caused by 4 defense counsel's initial request to make an ex parte 5 submission and by the Court's desire to have a government 6 response and the Court's suggestion that the correspondence be 7 given to the Wall team, a suggestion that defense counsel then 8 agreed with. The response was appropriately limited and no 9 further explanation is necessary. 10 Third, defense counsel's September 17, 2004 letter 11 indicates that there was a flaw in defense counsel's reasoning 12 and, therefore, in Mr. Metzner's response. But it is not clear 13 to the Court from the correspondence what he is referring to. 14 Defense counsel is welcome to explain what the flaw is in the 15 correspondence. 16 Finally, while I'll certainly listen to the parties, 17 it does not appear that there is any privilege that attaches to 18 the notebook and, therefore, the parties should be able to work 19 out an appropriate procedure for the admissibility of the notes 20 in question in context. 21 The parties have not briefed this issue and so the 22 parties are welcome to argue or brief it. But the Court's 23 recollection of the chronology is as follows: The single page 24 of notes was found not to be privileged as a result of the 25 special master's -- I'm sorry. Let me just take a moment. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5855 49KMSAT1 1 Ms. Stewart has arrived. 2 DEFENDANT STEWART: Yes, Judge. I'm sorry. 3 THE COURT: Don't worry about it. I would not have 4 begun unless your counsel told me that you would waive your 5 presence. If you want me to go over anything again, I will. 6 DEFENDANT STEWART: I think that won't be necessary. 7 I can consult with counsel, Judge. Thank you. 8 THE COURT: The single page of notes was found not to 9 be privileged -- do you agree with your counsel's waiver of 10 your presence? 11 DEFENDANT STEWART: Yes, Judge, I do. 12 THE COURT: The single page of notes was found not to 13 be privileged as a result of the special master's report and 14 the Court's adoption of it. Thereafter, the Court found that 15 those portions of the July 2001 prison visit that the 16 government sought to introduce were not privileged despite the 17 assertion of privilege by Sheikh Rahman. Thereafter, in 18 response to the defense request from Mr. Ruhnke, Sheikh Rahman 19 counsel's made it clear that the Sheikh no longer asserted any 20 privilege with respect to, among other things, that visit. And 21 no defendant any longer sought to preclude use of that visit. 22 And the entire reporting of that visit was then made available 23 to government trial counsel. And the parties have agreed on 24 portions of the July 2001 visit that can be played to the jury 25 or in the process of doing that. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5856 49KMSAT1 1 Under the circumstances it would not appear that any 2 of the notes from the July 2001 visit would be protected by any 3 privilege. But because the parties have not specifically 4 briefed this, I wouldn't finally rule on it without listening 5 to the parties. And the only reason to go through this at this 6 point was the issue raised in the correspondence with respect 7 to how that one page of notes could be presented to the jury. 8 MR. TIGAR: Your Honor, the confusion to which the 9 correspondence spoke was it is now evaporated, it has now 10 evaporated by virtue of your Honor's ruling. The difficulty we 11 always had here is that it is Ms. Stewart's obligation to 12 maintain the privilege unless a competent judicial officer 13 finds otherwise with respect to any particular item or subject 14 matter. We take your Honor's ruling this morning as reflecting 15 a judgment that I think was inevitable given the parties' 16 positions, but it was our desire to have it on this record for 17 the reasons I have said. 18 Given that, it would be our position that the notebook 19 as a whole -- I don't see any basis now to assert a privilege, 20 just as your Honor said your Honor does not. We don't see the 21 need for further briefing. And we would therefore say that if 22 a page of the notebook is coming in, the whole notebook should 23 come in under Rule 106 24 MR. DEMBER: Your Honor, the trial team has not seen 25 the entire notebook. I take it from Mr. Tigar's representation SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5857 49KMSAT1 1 that he agrees that the privilege no longer exists and now the 2 trial team can look at the entire notebook. With that being 3 the case, we will do that some time today. And whether or not 4 the entire -- if the other contents are offered into evidence 5 is another matter under 106 or not. Obviously, we can't make a 6 determination whether 106 applies to the entire notebook. But 7 now I take it we can look through the whole notebook and we 8 will do that and get back to the Court as to whether or not we 9 think that's correct or whether we intend to offer the entire 10 notebook in our case. 11 MR. TIGAR: Your Honor, I would note that when 12 Mr. Habib visited the United States Attorney's Office last week 13 to look at Stewart search materials, the notebook was in the 14 materials that he was handed within the custody of a paralegal. 15 But I don't do that in any accusatory way. Now that the matter 16 has been resolved, it has been resolved. But I think it is -- 17 it was important to note that. 18 MR. DEMBER: Your Honor, just so it is clear, when Ms. 19 Shellow-Lavine asked me last week to make the contents of all 20 the file folders which were moved into evidence from the 21 Stewart search last week, she asked me not only -- she wanted 22 to look at the documents that weren't marked as exhibits, which 23 had been in those Redwelds and folders. I informed her that 24 some of the contents were documents that the trial team didn't 25 have, couldn't see, but would be made available, the notebook SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5858 49KMSAT1 1 being one of those items. 2 And Ms. Grant, the paralegal who provided the 3 documents for Mr. Habib to review, was instructed not to look 4 in the notebook at all or anything else that was at that point 5 deemed to be privileged and not available to the trial team, 6 and she did that. She handed the documents over, but she did 7 not examine any of them and neither have any other member of 8 the trial team at any point in time. 9 THE COURT: Physically it would be difficult, from 10 what the parties have described, to go about a process of 11 redaction. The physical notebook is a single document and the 12 nature of the document and where things appear in the document 13 have alleged significance. 14 MR. DEMBER: Your Honor, there have been other items 15 from the Stewart search which were redacted. And we were only 16 given copies of redacted -- the redacted documents or the 17 sections that were redacted. And this particular case that one 18 page apparently had been photocopied. 19 THE COURT: I know. But one of your issues was how 20 this would be presented to the jury. So issues such as two 21 colors of pens and how many pages there are in the notebook and 22 where this appeared in the notebook physically, it would be 23 very difficult not to have the whole notebook then before the 24 jury. 25 MR. DEMBER: That may be the case your Honor, yes, SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5859 49KMSAT1 1 even though we can make color copies of pages these days with 2 the modern equipment available to us. But this all may be 3 moot, your Honor, if we examine the notebook and we agree that 4 we are going to offer the whole thing into evidence. 5 THE COURT: I think that concludes everything that I 6 can do now. 7 Where are we? 8 MS. BAKER: Your Honor, the government is going to 9 begin this morning by calling a witness from the telephone 10 company, from Verizon, and at some point before the jury comes 11 into the room if I could have just a few minutes to speak with 12 defense counsel about an issue relating to that witness, I 13 would appreciate it. 14 After that witness testifies, we are going to offer 15 and seek to present to the jury Government Exhibit 561, which 16 the Court had previously ruled admissible in redacted form. So 17 we do have a redacted or excerpted version of it, which is 18 marked as 561X, which had previously been provided to everyone. 19 So that will be the second thing. 20 And then after the presentation of that exhibit we 21 will offer into evidence a calendar of October 2000 and then 22 resume the presentation of recorded calls and their 23 transcripts. 24 I would ask if I might be excused after the 25 presentation of Government Exhibit 561 because I need to spend SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5860 49KMSAT1 1 the remainder of the day attending to issues relating to the 2 outstanding document requests. 3 THE COURT: All right. 4 MR. TIGAR: Your Honor, with respect to the telephone 5 company witnesses, given Ms. Baker's letter of last evening at 6 5:28 p.m., we then had seen the picture of what they wanted to 7 do, attempted to open the files on the discovery CD that was 8 provided to us and we find that a majority of the files show 9 corrupted, cannot open, and others of them have telephone 10 records for subscribers whose names I will not read out, but 11 are telephone subscribers in Queens who have no relationship to 12 this case. So I'm just alerting the Court that we may need to 13 talk about that because I can't obviously be in a potion of 14 making stipulations about things that I can't open. 15 THE COURT: Why don't I just take a break. Ms. Baker 16 wanted to talk to defense counsel anyway. 17 MS. BAKER: That's fine. Thank you, your Honor. 18 (Recess) 19 MR. TIGAR: Your Honor, the mystery has been solved. 20 The parties jointly ask your Honor to take judicial notice that 21 Ms. Stewart was a subscriber to a telephone during the relevant 22 time, to telephone numbers 212-625-9696 at third floor, 351 23 Broadway, New York and to the fax number at that same address 24 212-625-3939 and to her home telephone number, 718-788-8851. 25 And that request for judicial notice takes the place of a SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5861 49KMSAT1 1 number of exhibits that would otherwise be voluminous and 2 problematic. 3 THE COURT: Let me just make sure. The Court takes 4 judicial notice -- give me one moment. So the Court takes 5 judicial notice of the following facts: Ms. Stewart was a 6 subscriber to telephone number 212-625-9696 at third floor, 351 7 Broadway, New York, New York and to fax number 212-625-3939, at 8 the same address and to home telephone 718-788-8851. 9 MS. BAKER: Your Honor, may I just speak with 10 Mr. Tigar for one second? 11 THE COURT: Yes. 12 MR. TIGAR: Your Honor, her home telephone number was 13 718-788-8851 rather than she was a subscriber. Apparently, if 14 we look at the bills, her daughter's name is on the phone bill, 15 your Honor. But she lives there. 16 THE COURT: And her home telephone number was 17 718-788-8851? 18 MR. TIGAR: Yes, your Honor. 19 THE COURT: Should I tell the jury any time period? 20 MS. BAKER: Your Honor, from the government's 21 perspective it would be sufficient simply to say at all times 22 relevant to this case. 23 MR. TIGAR: Yes, your Honor. 24 THE COURT: Since this is judicial notice, I should 25 also give the jury an instruction with respect to judicial SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5862 49KMSAT1 1 notice which would be, I have taken judicial notice of certain 2 facts which I believe are not subject to reasonable dispute. I 3 have accepted these facts to be true even though no evidence 4 has been introduced proving them to be true. You may but are 5 not required to agree that these facts are true. The weight 6 and relevance of these facts, if you find them, are for you, 7 the jury, to determine. 8 MR. TIGAR: Yes. That is what we understand to be the 9 instruction and it is our preference, your Honor, to have 10 judicial notice rather than have a stipulation, but I state 11 that we agree that we are not going to present any contrary 12 evidence to the matter which your Honor has just taken judicial 13 notice. 14 MS. BAKER: Your Honor, the government has no 15 objection to that instruction. Also so that the Court is 16 aware, during the testimony of the Verizon witness he will 17 authenticate certain computer disks that contain Verizon 18 telephone records. They were provided by Verizon on disk. And 19 I have asked defense counsel and defense counsel has agreed to 20 a stipulation regarding the fact that certain paper exhibits 21 are printouts of relevant pages from the computer disks. And 22 so I do not have that stipulation written out and signed, but I 23 would ask permission to state it orally at the appropriate 24 moment. And if the Court would like me to recite it now the 25 way I intend to do it at that moment, I'm happy to do that. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5863 49KMSAT1 1 MR. TIGAR: I would appreciate that, your Honor, 2 because there was some text that came over on the fax last 3 night, and I would just like to check that. 4 MS. BAKER: It would be that the parties stipulate 5 that the following documents are true and accurate printouts of 6 pages that the government deems relevant from the following 7 computer disks: Government Exhibits 1801A through 1801C are 8 printouts from Government Exhibits 1801-1 and 1801-2, and 9 Government Exhibits 1802A and 1802C are printouts from 10 Government Exhibit 1802. 11 MR. TIGAR: On behalf of Ms. Stewart we don't have any 12 objection to the language. That is the language that was 13 furnished to us last evening. 14 THE COURT: Anything else? 15 MR. DEMBER: No, your Honor. 16 MS. BAKER: No, your Honor. 17 THE COURT: The first thing is a telephone witness? 18 MS. BAKER: Yes, your Honor. 19 THE COURT: You can call the witness and we will bring 20 in the jury then. 21 MS. BAKER: Thank you. We would ask that the Court 22 present the judicial notice about Ms. Stewart's telephone 23 numbers at the conclusion of the witness's testimony. 24 THE COURT: Just remind me. Let's bring in the jury. 25 (Jury present) SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5864 49KMSAT1 1 THE COURT: Good morning, ladies and gentlemen. It is 2 good to see you all. I hope you all had a good weekend. 3 Ms. Baker. 4 MS. BAKER: Thank you, your Honor. The government 5 calls Gerry con he will. 6 GERRY CONNELL, 7 called as a witness by the Government, 8 having been duly sworn, testified as follows: 9 DIRECT EXAMINATION 10 BY MS. BAKER: 11 Q. Mr. Connell, who do you work for? 12 A. Verizon Communications, formerly Bell Atlantic. 13 Q. How long have you worked for Verizon or Bell Atlantic? 14 A. 38 years. 15 Q. What is your position with Verizon? 16 A. Staff director, corporate security, custodian of the 17 records. 18 Q. In your capacity as custodian of records, what do your 19 duties include? 20 A. My primary responsibility is to testify in court as to the 21 authenticity of subpoenaed Bell Atlantic or Verizon records and 22 to assist in their interpretation. 23 Q. Now, does Verizon make and keep certain kinds of records? 24 A. Yes, it does. 25 Q. Does it make and keep those records as part of the regular SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5865 49KMSAT1 Connell - direct 1 course of its business? 2 A. Yes, it does. 3 Q. Are you familiar with the kinds of records that Verizon 4 makes and keeps in the regular course of its business? 5 A. Yes, I am. 6 Q. How have you acquired that familiarity? 7 A. Certainly over the years at various positions and special 8 training within corporate security. 9 Q. Let me ask you, please, to look at some items that are in 10 front of you on the witness stand, starting with the computer 11 disks in front of you which are marked for identification as 12 Government Exhibits 1801-1, 1801-2, and 1802. 13 A. Yes. 14 Q. Did you have an opportunity to examine those disks more 15 closely before you came to court? 16 A. Yes, I have. 17 Q. What are those disks? 18 A. What these are are disks that when you subpoena records to 19 Verizon you would specifically request having the records sent 20 to you on disk since it is so voluminous. Rather than having 21 reams and reams of paper, everything is contained on the disks 22 that is requested in the subpoena. 23 Q. How are you able to recognize those particular disks as 24 disks that were provided by Verizon? 25 A. They came in the Verizon envelope and this is the form and SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5866 49KMSAT1 Connell - direct 1 fashion in which they are submitted to the officer of the court 2 who subpoenaed these documents. 3 Q. Did you mark those disks in some way to indicate that you 4 had examined them and determined them to be Verizon disks? 5 A. Yes, I did. I initialed them and the date that I viewed 6 them. 7 Q. Now, in general terms, what kind of records are contained 8 on those three disks? 9 A. In general terms, it is billing information, subscriber 10 information, the telephone number of the customer, the name of 11 the customer, where service is located, where bills are sent, 12 any options that the customer would prefer to have placed on 13 their telephone, building information as far as tolls are 14 concerned, toll calls, which would be your interstate calls or 15 international calls, as well as information about your local 16 calls, your LUDs, local usage details. It is all billing 17 information. 18 Q. Mr. Connell, let me just ask you, before you continue, if 19 you would, to just shift the microphone over a few inches to 20 your left so that it will be more directly in front of you as 21 you're speaking. 22 A. Fine. 23 Q. Thank you. 24 All of those various types of records that you just 25 described, does Verizon make and keep all those type of records SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5867 49KMSAT1 Connell - direct 1 in the regular course of its business? 2 A. Yes, it does. 3 Q. Is it Verizon's regular practice to make and keep those 4 kinds of records? 5 A. Yes, it is. 6 Q. Are the entries in those records made at the time the 7 recorded event or transaction took place, or within a 8 reasonable time after that? 9 A. Yes, they are. 10 Q. And are the people who make the entries or report the 11 information that's in the records under a business duty to do 12 so accurately? 13 A. Yes, they are. 14 Q. When Verizon copied its records onto the disks that are now 15 marked as Government Exhibits 1801-1, 1801-2, and 1811, what, 16 if anything, did Verizon do to prevent those copies from being 17 altered? 18 A. These are programmed for read only. 19 MS. BAKER: Your Honor, at this time the government 20 offers into evidence the telephone records contained on those 21 disks for the following two telephone numbers: 718-442-3513 22 and 718-429-8539. 23 THE COURT: The second number was what? 24 MS. BAKER: 718-429-8539. 25 THE COURT: No objection. Those records are admitted. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5868 49KMSAT1 Connell - direct 1 (Government's Exhibits 1801-1, 1801-2, and 1802 2 received in evidence) 3 MS. BAKER: At this time, your Honor, I would ask 4 permission to submit an oral stipulation to which all parties 5 and have their counsel have agreed. 6 THE COURT: All right. 7 MS. BAKER: The parties stipulate that the following 8 documents are true and accurate printouts of pages that the 9 government deems relevant from the following computer disks 10 that were just received in evidence: Government Exhibits 1801A 11 through 1801C are printouts from the disks Government Exhibits 12 1801-1 and 1801-2. Government Exhibits 1802A and 1802C are 13 printouts from the disk Government Exhibit 1802. 14 THE COURT: All right. 15 MS. BAKER: Based on that stipulation, the government 16 office into evidence at this time Government Exhibits 1801A 17 through 1801C and also 1802A and 1802C. 18 THE COURT: Those exhibits are admitted in evidence. 19 (Government's Exhibits 1801A-1801C, 1802A, and 1802C 20 received in evidence) 21 Q. Mr. Connell, let me ask you to look at document marked in 22 evidence as Government Exhibit 1801A. 23 A. Yes. 24 Q. What kind of record is that? 25 A. This is -- this would be strictly a subscriber record SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5869 49KMSAT1 Connell - direct 1 giving the account number, the telephone number, assigned to 2 the customer, the name of the customer and where service is 3 located. 4 Q. What telephone number is that a subscriber record for? 5 A. Area code 718-442-3513. 6 Q. Is that telephone a land line or a cellular? 7 A. This is a land line. 8 Q. To whom is that telephone number subscribed? 9 A. The customer's name is Ahmed A-H-M-E-D; Satter, 10 S-A-T-T-E-R. 11 Q. As far as the spelling of the subscriber's name, that's how 12 it appears on the first page of Government Exhibit 1801A, is 13 that correct? 14 A. Yes, it is. 15 Q. If you continue flipping through it also appears in that 16 spelling on some of the subsequent pages, correct? 17 A. Yes. 18 Q. But then if you would turn, please, to the page of 19 Government Exhibit 1801A that says page 15 at the center of the 20 page at the bottom? 21 A. Yes. 22 Q. How is the name spelled as it appears from that page 23 through the end of the document? 24 A. A-H-M-E-D S-A-T-T-A-R. 25 Q. And what is the address at which Mr. Sattar is subscribed SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5870 49KMSAT1 Connell - direct 1 to this telephone number? 2 A. The street is address is 249 Hooker Place, Staten Island, 3 New York 10303-2736, apartment 2R. 4 Q. Let me ask you to turn, please, to the page that says at 5 the bottom page 15. I think that's the page I just asked to 6 you look at. 7 A. Yes. 8 MS. BAKER: Your Honor, may I display a copy of this 9 page to the jury? 10 THE COURT: Yes. 11 Q. Directing your attention to the top portion of the page, 12 the section that's marked in the upper right-hand corner as 13 screen count 34? 14 A. Yes. 15 Q. According to this record, on or about what date did 16 Mr. Sattar begin to have telephone service from Verizon or Bell 17 Atlantic on telephone number 718-442-3513? 18 A. According to this, the connect date was December 27, 1995. 19 Q. And where on the document is that indicated? 20 A. Just point? 21 Q. I think if you touch -- 22 A. There we go. It is right here. 23 Q. Now, according to this record, did Mr. Sattar discontinue 24 telephone service from Verizon or Bell Atlantic at some point? 25 A. Yes. Over here in the upper right-hand corner the bill SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5871 49KMSAT1 Connell - direct 1 date for September 1 of 2000 was indeed a final bill that was 2 sent to Mr. Sattar. 3 Q. Now, if you compare the record that we were just looking 4 at, screen count 34, with the record right below it on the same 5 page, you can see just the top portion of it on the screen. 6 A. Yes. 7 Q. It is labeled screen count 35. 8 A. Yes. 9 Q. What is the bill date for the record of screen date 35? 10 A. The bill date is August 13, 2000. 11 Q. What does that indicate, comparing that date with the date 12 on the record above, the final bill date? What does that 13 indicate about approximately when Mr. Sattar discontinued his 14 telephone service with Verizon? 15 A. That would be some place in between the time of August 13 16 and September 1. 17 Q. Thank you. Now I am going to direct your attention to a 18 different page of that exhibit. Turning to the previous page 19 of the exhibit, which is marked page 14 at the bottom, 20 directing your attention now to the portion of the page marked 21 screen count 33, according to this record did Mr. Sattar at 22 some point later resume having some type of telephone service 23 from Verizon on that same telephone number, 718-442-3513? 24 A. Yes. 25 Q. On or about what date did Mr. Sattar resume some level of SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5872 49KMSAT1 Connell - direct 1 service from Verizon? 2 A. Right over here, where we see under connect date, September 3 20, the year 2000. 4 Q. I am going to direct your attention now to a different page 5 of the document. And this is the page marked page 9 at the 6 bottom. Showing you the record marked with screen count 21? 7 A. Yes. 8 Q. Did Sattar continue to have Verizon service on telephone 9 No. 718-442-3513 through at least September 24, 2001? 10 A. Yes. 11 Q. And how are you able to tell that from that record? 12 A. The bill date itself, of course, is billing in advance, so 13 the customer was still online with us, if you will, as a 14 customer. From the way the billing system works out, if you 15 were to go back to September 13, 2001, this bill now shows all 16 activity going up through October 13, 2001. That covers that 17 time frame. 18 Q. Let me show you now a different page. Showing you the page 19 of Government Exhibit 1801 which is marked at the bottom of the 20 page 29 and the portion of the page labeled screen count 67, 21 does this record provide any information about any other 22 telephone number at which Mr. Sattar could be reached? 23 A. Yes. Right here -- there we go -- is customer contact 24 information or credit information which was given over on June 25 of 1997 to one of our representatives by the customer. And the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5873 49KMSAT1 Connell - direct 1 abbreviation is CBRE can be reached at 718-816-2744. And the 2 customer indicated is U.S. Postal Service. 3 Q. Turning now from Government Exhibit 1801A to Government 4 Exhibit 1801B, what type of record is Government Exhibit 1801B? 5 A. What this is is a much more detailed subscriber record for 6 this particular customer. In this case it would contain the 7 same information as on the previous, the name of the customer, 8 the telephone number and the address. But in addition to that, 9 it would show what options the customer had placed on his 10 phone. It also contains records of toll calls both within the 11 country and international. 12 Q. And do these records relate to the same telephone number 13 and subscriber that you were just testifying about? 14 A. Yes, it does. 15 MS. BAKER: Your Honor, may I display portions of 16 Government Exhibit 1801B to the jury? 17 THE COURT: Yes. 18 Q. Mr. Connell, I am going to show you first the page of 19 Government Exhibit 1801B that is marked at the bottom page 151, 20 and direct your attention specifically to the portion of the 21 page marked screen count 413. 22 A. Yes. 23 Q. You will see in the upper left-hand portion of that segment 24 of the page it says Verizon optional services continued. 25 A. Yes. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5874 49KMSAT1 Connell - direct 1 Q. Would you explain what those items are that are listed 2 there? 3 A. What this is is, of course, up to the customer's 4 discretion. What enhancements do you want on your telephone, 5 of course, for a price. And the customer indicated that he was 6 interested in the value pack which contained all of these 7 different optional services that were placed on his line. This 8 is right here. 9 Q. And is that the list of items that begins with call 10 waiting? 11 A. Yes. 12 Q. Let me ask you a little bit about a couple of those items. 13 First, in case any members of the jury are not familiar with 14 it, what is call waiting? 15 A. Call waiting is when you're on the phone talking to 16 somebody and you get a little beep in your ear saying someone 17 else is trying to reach you, and you have an option of putting 18 the person who you were originally talking to on hold and 19 answering the call, or just let it go. 20 Q. If you did choose to put the first person on hold and 21 answer that other incoming call, once you ended that second 22 incoming call, could you then switch back and continue the 23 conversation with the first person? 24 A. Yes. 25 Q. And what is three-way calling? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5875 49KMSAT1 Connell - direct 1 A. Three-way calling. Let's use that as an example, the one 2 that we just had, where you're on the phone talking, somebody 3 comes in on the line, telling you that there is another call, 4 you get the tone. You put the first person on hold that you 5 originally were talking to. You take this call in now that was 6 coming in. You're talking to this person and then you would 7 say to this person, hold on, I'll bridge on the next call, the 8 person that I'm talking to already. So here you're going to 9 have the three-way calling, yourself, the person who you 10 originally had spoken to or called, or had call you, and the 11 second call that came in where you got the call waiting signal. 12 So now you have three people on the line. 13 Q. And using that three-way calling feature, the first person 14 who you get on the phone with, you as the subscriber of this 15 feature, can that call be either incoming or outgoing and the 16 feature will work? 17 A. Sure. You could be -- get an incoming call and be talking 18 to that person and get a call waiting call also on your line. 19 So the three-way calling could be a call that you had 20 originally originated, or it was a call that came in firstly 21 for the three parties to be connected. 22 Q. And looking at it the opposite way for the third person 23 that you're adding into the conversation, can the adding in of 24 that person be either incoming or outgoing? 25 A. Certainly. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5876 49KMSAT1 Connell - direct 1 Q. Now, do these records, this set of records in evidence as 2 Government Exhibit 1801B indicate that Mr. Sattar was a 3 subscriber or had the optional services of call waiting and 4 three-way calling during the entire period of time covered by 5 this set of records? In other words, not just this page, but 6 if you page all the way through Government Exhibit 1801B, does 7 it reflect that he had call waiting and three-way calling 8 during the entire period of time? 9 A. If you would like me to go through this, please. Back in 10 August the billing for August of 2000, there was -- let's see 11 if there was any difference in this. There was just call 12 waiting and three-way calling on the line at that point in 13 time. 14 Q. In other words, there were times when he didn't have some 15 of those other services, but he still had three-way calling and 16 call waiting? 17 A. Yes. 18 Q. Let me change to a different topic. If you would turn, 19 please, to the page of Government Exhibit 1801B that says at 20 the bottom page 185. 21 A. 185? 22 Q. Yes. 23 A. Okay. 24 Q. You testified earlier that Mr. Sattar had received a final 25 bill dated September 1 of 2000, correct? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5877 49KMSAT1 Connell - direct 1 A. Yes. 2 Q. Does that bill appear starting on page 185? 3 A. Yes, it does. 4 Q. If you would just take a minute and look at that September 5 1 of 2000 bill. And then continue on starting on page 189 of 6 Government Exhibit 1801B. Does that reflect the prior bill, 7 the one dated August 13 of 2000? 8 A. Yes. 9 Q. By comparing those two bills to each other, continue paging 10 through until you get to page 194. 11 A. Page 194, yes. 12 Q. At the bottom of page 194 does that reflect the last toll 13 or long distance call that Mr. Sattar made before he 14 discontinued his Verizon telephone service? 15 A. Yes. 16 MS. BAKER: Your Honor, may I display that? 17 THE COURT: Yes. 18 Q. Showing you the bottom of page 194, the portion marked 19 screen count 531, and directing your attention to line 26 at 20 the bottom of that page, is that the last toll or long distance 21 call that Mr. Sattar made before he discontinued his Verizon 22 telephone service? 23 A. Yes, it was. 24 Q. Let's use that entry as an example. Could you explain to 25 the jury -- based on that entry in line 26, tell us about that SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5878 49KMSAT1 Connell - direct 1 call as reflected in this record. 2 A. Certainly. It was a direct dial call made on August 5 of 3 the year 2000 and it was made to Beaverton, Oregon; area code 4 503-590-0314. It was made at 11:21 p.m. It lasted for two 5 minutes and the charge was 20 cents. 6 Q. Let me direct your attention to another page, showing you 7 the page that is marked at the bottom 183. Directing your 8 attention to the middle of the page where it says screen count 9 500. 10 A. Yes. 11 Q. What, if anything, does that record indicate about the 12 approximate date on which Mr. Sattar resumed some type of 13 Verizon telephone service? 14 A. Well, right over here, right in the middle where you see 15 the optional services, where the call waiting is, call waiting 16 ID with name and custom calling package, call waiting and 17 three-way calling, you see that there was activity from 18 September 19, the year 2000 through September 24 of the year 19 2000. 20 Q. And then two lines further down what does it indicate there 21 about whether he continued to have call waiting through some 22 other package? 23 A. Yes. There was a custom calling package with the call 24 waiting and the three-way calling that was still in there. 25 Q. And it says there on that line, 9/25 to 11/2. Was 11/2 the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5879 49KMSAT1 Connell - direct 1 last date within -- 2 THE COURT: I'm sorry. 11/2 or 11/12? 3 MS. BAKER: I'm sorry. 11/12. 4 Q. Was 11/12 the last date covered by that bill? 5 A. Yes, you're right. And the amount is 11.80 owed on that 6 for that time frame. 7 Q. Directing your attention still to that same screen count, 8 500, to the item that's numbered 11 in the left-hand column. 9 A. Yes. 10 Q. What does that item indicate about whether or not 11 Mr. Sattar had any long distance service when he first resumed 12 service with Verizon in September of 2000? 13 A. What it indicates is that the customer did not choose a 14 long distance carrier at that point in time, which is quite 15 common. 16 Q. If a person has telephone service, but does not have a long 17 distance carrier, can they still make long distance calls? 18 A. Sure. 19 Q. By what sorts of methods can they make long distance calls 20 without having a long distance carrier? 21 A. You have these companies where you just dial in the code, 22 they are always advertising -- believe me, I don't use them. 23 But they advertise on the telephone for long distance rates 24 that you just dial 1-1010 or whatever it is. You are still 25 going to get your dial tone. You can still make your long SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5880 49KMSAT1 Connell - direct 1 distance calls through these companies, through calling cards, 2 and I think that would be about it. You could even do it 3 through an operator, too. 4 Q. Let me direct your attention now to a different page of 5 Government Exhibit 1801B. I am going to show you first the 6 bottom of page 151, the section marked screen count 413. Let 7 me ask you to look at the bottom of that portion of the page, 8 the line that is marked 3 in the left-hand margin. 9 A. Yes. 10 Q. And what does that say there? 11 A. Well, there must have been some activity there because on 12 May 1 of the year 2001, it would appear as if some contact had 13 been made with us. 14 Q. Let me show you the next page, which is the page marked 152 15 at the bottom, the top of that page, which is the continuation 16 of that screen count for 14 and it continues that entry that 17 you were just looking at. 18 A. Yes. 19 Q. Based on what you have now seen on those two pages, what 20 happened on or about May 1 of 2001 as far as Mr. Sattar's long 21 distance service? 22 A. The customer chose Verizon long distance as his long 23 distance carrier. 24 Q. Mr. Connell, I seem to have the pages out of order on my 25 copy. Can you find in the original, the one marked at the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5881 49KMSAT1 Connell - direct 1 bottom page 183. 2 A. 183? 3 Q. Yes. 4 A. Okay. 5 MS. BAKER: Your Honor, may I approach to take that 6 from the witness? 7 THE COURT: Yes. 8 Q. Showing you the middle section of page 183, which is marked 9 screen count 500. 10 A. Yes. 11 Q. Does this record indicate anything about -- I'm sorry. I 12 asked you about this already. 13 A. Yes. 14 Q. Sorry. Let me go to a different page. 15 Showing you the page which is marked at the bottom 154 16 and the portion of that page marked screen count 420. 17 A. Yes. 18 Q. A minute ago, before I approached you on the witness stand, 19 I was asking you some questions about the bill dated May 13 of 20 2001 which reflected that Mr. Sattar had resumed long distance 21 service with Verizon. 22 A. Yes. 23 Q. Is this another page of that same bill? 24 A. Yes, it is. 25 Q. And directing your attention to the highlighted line which SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5882 49KMSAT1 Connell - direct 1 is marked 2 in the left-hand margin? 2 A. Yes. 3 Q. Is that the first toll or long distance call after 4 Mr. Sattar resumed using Verizon as his long distance carrier? 5 A. Yes, it is. 6 Q. What was the date and time of that call? 7 A. Sure. It was May 2, the year 2001, at 9:24 p.m. 8 Q. Let's look at one other sample on that same page. 9 Directing your attention now to screen count 421, further down 10 on that page. 11 A. Yes. 12 Q. If you would, as an example, an international toll call, 13 explain to the jury the information reflected in this record 14 for the call in the line marked 14. 15 A. Okay. This is an international call, which is considered a 16 toll call, of course, going overseas or leaving the 50 states. 17 This particular call was made on May 7 of the year 2001 at 5:31 18 p.m. The country that was called is Egypt. And going across 19 you see the number that was actually called and how long the 20 call was, it was 23 minutes, and how much the call cost, 21 $15.41. 22 Q. Let me ask you something about placing an international 23 toll call to another country. 24 A. Yes. 25 Q. Dialing from the United States to another country, how SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5883 49KMSAT1 Connell - direct 1 would a person do that? What would they have to dial? 2 A. To get out on the international circuitry, if you will, you 3 would dial 011, which places you into the international 4 bracket. Then you would put in the country that you're 5 actually calling, the calling code. The calling code is 6 available in the phone book, in the front of the phone book, 7 about page 20 or so, I believe. And it gives you what country 8 code to add. That directs you to the country. And then you 9 start dialing in or punching in the numbers where you want the 10 call to go. It is very similar to what happens here in the 11 states. The country code would actually be for us an area code 12 where you're sending this call to within the states. 13 Then you have the next three digits which sets you up 14 as to what part of that particular area code you're going to or 15 section. And then the last four digits is actually the line 16 number where the telephone is located, what house. It is the 17 same thing here except that now you have a whole string of 18 digits that you have to dial to get up on the international, 19 put the country code in, and then put the telephone number of 20 the person that you're trying to get a hold of. 21 Q. Turning your attention back to the page shown on the 22 screen -- and again that is screen count 421 -- it lists three 23 calls to Egypt, correct? 24 A. Yes. 25 Q. And as indicated there, what is the country code of Egypt SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5884 49KMSAT1 Connell - direct 1 as reflected in those calls? 2 A. Country code of Egypt is 20. 3 Q. And right above that on the page you will see there is a 4 series of three calls. To what country were those three calls? 5 A. The United Kingdom. 6 Q. What is the country code for the United kingdom? 7 A. 44. 8 Q. What country is the country code 93? 9 A. If I recall, that's Afghanistan. 10 Q. Let me ask you about one more toll call. Showing you the 11 page of Government Exhibit 1801B that is marked at the bottom 12 page 223 and the section of that page marked screen count 609, 13 let me direct your attention to the highlighted call in that 14 portion of the page. 15 A. Yes. 16 Q. Tell us about that call. 17 A. This was a directly dialed call from the customer's number 18 718-442-3513, and it was dialed. And the toll call was made on 19 April 30, the year 2000 to Toms River, New Jersey, area code 20 732-506-0640. This was done at 8:15 in the night, call lasted 21 for nine minutes, and the billing amount was $1.08. 22 Q. As you just testified, the area code to which that call was 23 placed was 732, correct? 24 A. Yes. 25 Q. Are there some telephone numbers that were in the 732 area SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5885 49KMSAT1 Connell - direct 1 code as of the date of this call, which was April 30, 2000, 2 that had had a different area code for some prior period of 3 time? 4 A. Yes. 5 Q. What was the different area code that some of those numbers 6 had? 7 A. It was area code 908 when there was a division of area 8 codes in New Jersey at that point in time. 9 Q. And so then at some point prior to April 30 of 2000 some 10 908 numbers became 732? 11 A. That's correct. That's correct. 12 Q. Let me ask you to put aside Government Exhibit 1801B and 13 turn, please, to Government Exhibit 1801C. What kind of record 14 is Government Exhibit 1801C? 15 A. 1801C is a record of local usage details, the LUDs; in this 16 instance, for telephone number area code 718-442-3513. 17 Q. Is that the same telephone number as the previous two 18 records you were testifying about? 19 A. Yes, it is. 20 Q. Let me direct your attention, please, to the second page of 21 Government Exhibit 1801C, which is marked at the bottom page 22 238. 23 A. Yes. 24 Q. And specifically to the bottom portion of that page. 25 MS. BAKER: Your Honor, may I display it? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5886 49KMSAT1 Connell - direct 1 THE COURT: Yes. 2 Q. Showing you the portion of the page marked screen count 3 721, I am going to ask you about one call as an example. Let's 4 see if I can mark it. The call at very bottom of that page, 5 the page marked 238. 6 A. Okay. 7 Q. Could you explain to the jury about that call based on the 8 information in this record? 9 A. Sure. These are local calls made within the primary region 10 for the five boroughs. The person initiating the call, not the 11 person -- the telephone number that initiated this call was 12 area code 718-442-3513. That's up here. Down here it gives a 13 listing of all of the local calls that are made, completed and 14 billed. On the LUDs themselves, you're not going to see busies 15 or don't answers at the other end. You are just going to see 16 connected calls. 17 Here is an example of a call made from the 442 number 18 in the year, the month, the day right here. It is March 24, 19 1999. The call was made at 5:34 p.m. The number that was 20 called was area code 718-273-1248. Over here these columns 21 don't apply. This is for flat rate and for message rate. 22 There was a day rate, D for day, and that call cost 10.6 cents. 23 These calls are untimed. This could person could stay on there 24 for literally years and pay 10.6 cents. 25 Q. In other words, the method of billing for these calls is SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5887 49KMSAT1 Connell - direct 1 that it is a fixed rate based on where within the calling area 2 the call is made? 3 A. If you're within, for instance, right over here -- let me 4 go back. It is a good point. The REG is region. That's the 5 primary region. It is going to be your five boroughs. And 6 within the five boroughs, the plan is untimed calls. And 7 depending on when you call, over here -- let me go back to 8 here. Where it says the C, that would be the charge and you 9 have D for day, going all the way down and then you will see an 10 E for an evening rate of 6.3 cents. Day rate, 10.6 cents. 11 Here is a night rate, right above it, on screen count 720. 12 That would be 3.7 cents. Depending on the time that you call, 13 that's going to be the charge. 14 Q. Now, do these records, the local usage detail or LUDs 15 records, reflect in any way the duration of any of the calls 16 that are in these records? 17 A. No. There is no -- these are untimed calls. The only way 18 that you could tell that a call was ended is by looking at the 19 next call. 20 Q. Now, you testified earlier that Mr. Sattar had three-way 21 calling as one of his optional services. 22 A. Yes. 23 Q. If a person who has the three-way calling option makes a 24 three-way local call, the kind of call that would show up in a 25 LUDs record, would the LUDs record indicate in some way that SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5888 49KMSAT1 Connell - direct 1 the call was a three-way call? 2 A. Yes, it would. 3 Q. How would it indicate that? 4 A. It would be a slash next to that year, month, day, the far 5 left-hand column. 6 Q. Let me show you another page of Government Exhibit 1801C. 7 This is the page that's marked 280 at the bottom. Directing 8 your attention to the bottom portion of the page marked screen 9 count 848. 10 A. Yes. 11 Q. And I've put a little blue mark next to a pair of calls 12 within that section of that page. Are those calls three-way 13 calls as reflected in the record? 14 A. Yes, they are. 15 Q. And as you testified, that's because there is a slash at 16 the front of each record? 17 A. Yes. 18 Q. Let me show you a different page of the same exhibit. 19 Showing you the page marked 342 at the bottom, the section of 20 the page marked screen count 1034, and then I'll ask you also 21 to look at the portion below it marked screen count 1035. 22 A. Yes. 23 Q. Do these two portions of this exhibit show Mr. Sattar's 24 last call before he stoped having Verizon local service and 25 then his first call when he resumed having Verizon local SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5889 49KMSAT1 Connell - direct 1 service? 2 A. Yes. Up here on screen count 1034 the last call out was 3 right here. On August 25 of the year 2000, at 10:50 p.m. And 4 then coming down here to screen count 1035 we see the first 5 call out on September 22, the year 2000, at 12:16 p.m. 6 Q. Now, if someone placed a call and the call was not answered 7 because there was a busy signal or because the call just rang 8 and rang, would that call show up in their local usage detail 9 records? 10 A. No. It is not a billable call. 11 Q. What about incoming calls on land lines? Do incoming calls 12 on land lines show up in LUDs records? 13 A. No, they do not. 14 Q. Do they show up in tolls records? 15 A. No, they do not. 16 Q. What about calls to toll free numbers, for example, numbers 17 that begin with 800? Do those show up in tolls or LUDs? 18 A. No. 19 Q. Let me ask you to turn, please, to Government Exhibit 1802A 20 in evidence. What is Government Exhibit 1802A? 21 A. This is subscriber information for a customer. 22 Q. For what telephone number? 23 A. Area code 718-429-8539. 24 Q. Who is the subscriber? 25 A. The customer's name is Mohammed Yousry, Y-o-u-s-r-y. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5890 49KMSAT1 Connell - direct 1 Q. At what address? 2 A. Address is 30-51 84th -- I would imagine that's 84th 3 Street -- East Elmhurst, New York 11370. It is a private 4 house. 5 Q. And based on this record, are you able to tell when service 6 began to Mr. Yousry at that telephone number? 7 A. Yes. Over in the far right-hand side you see -- 8 Q. I'm sorry. Let me pause you for a second. 9 MS. BAKER: Your Honor, may I display this exhibit to 10 the jury? 11 THE COURT: Yes. 12 A. Right over here you see an installation date, I for 13 installation, of July 29, 1999. 14 Q. And was service -- withdrawn. 15 Until at least what date was service in effect at this 16 number? Are you able to tell that? 17 A. Yes. I see a bill date up here in the corner of October 8, 18 2003. 19 Q. Turning your attention now to Government Exhibit 1802C, 20 what is Government Exhibit 1802C? 21 A. 1802C is, again, a -- records of LUDs, local usage details. 22 Q. And these are only selected pages, correct? 23 A. That is correct, yes. 24 Q. For what telephone number? 25 A. Area code 718-429-8539. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5891 49KMSAT1 Connell - direct 1 Q. And is that the same number as in that subscriber record 2 that you were just testifying about? 3 A. Yes, it is. 4 MS. BAKER: Your Honor, may I approach the witness? 5 THE COURT: Yes. 6 Q. Mr. Connell, what I would like to do is give you the 7 photocopy of 1802C and take from you the original so that I can 8 display the original to the jury. 9 A. Okay. 10 Q. Showing you the second page of Government Exhibit 1802C, 11 which is marked on the bottom as page 29. 12 A. Yes. 13 Q. Let me direct your attention to the highlighted call on 14 that page. Tell us about that call, please. 15 A. This call was made from 718-429-8539 on September 19, 1999 16 at 2:06 p.m. It was made and completed to area code 17 718-442-3513 with the night rate of 3.7 cents. 18 Q. That number, 718-442-3513, that's the number for which we 19 just finished looking at records, correct? 20 A. Yes. 21 Q. Because this call was outgoing from the 8539 number to the 22 3513 number, how, if at all, would this call appear in any of 23 the records for the 3513 number? In other words, it was 24 incoming to that number. So would it appear on those records? 25 A. There is -- no, it would not, no. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5892 49KMSAT1 Connell - direct 1 Q. Turning your attention now to Government Exhibit 1804 -- 2 I'm sorry. Let's skip that. Turning your attention to 3 Government Exhibit 1805, what type of record is Government 4 Exhibit 1805? 5 A. Here again, this is LUDs, local usage details. 6 Q. For what telephone number? 7 A. Area code 718-788-8851. 8 MS. BAKER: May I approach? 9 THE COURT: Yes. 10 Q. Showing you the first page of Government Exhibit 1805, let 11 me direct your attention to one of the calls on that page. 12 A. Yes. 13 Q. Which I have now marked on the screen with a blue dot. 14 Tell us about that call, please. 15 A. This indicates that a call was made and completed to this 16 particular number. It was made from 718-788-8851 on November 17 23, 1998 at 11:28 a.m. The number that was called was area 18 code 718-442-3513. 19 Q. Finally, turning your attention to Government Exhibit 1806, 20 what kind of record is Government Exhibit 1806? 21 A. This is a subscriber record. 22 Q. For what telephone number? 23 A. Area code 212-989-6613. 24 Q. And who was the subscriber of that telephone number? 25 A. Mr. Ramsey Clark, C-L-A-R-K. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5893 49KMSAT1 Connell - direct 1 Q. Is that at an address in New York, New York? 2 A. Yes, it does. 37 West 12th Street, apartment 2B, New York, 3 New York 10011-8503. 4 MS. BAKER: Your Honor, may I have a minute? 5 THE COURT: Yes. 6 Q. Mr. Connell, let me ask you to turn back to Government 7 Exhibit 1801B, please. 8 THE COURT: Is that 1801B? 9 MS. BAKER: B as in bravo. 10 A. Okay. 11 Q. And if you would, please, turn to page 185. 12 A. Yes, 185. 13 Q. Does the bill dated September 1 of 2000 begin on that page? 14 A. Yes, it does. 15 Q. And as you testified earlier, that was the final bill 16 before Mr. Sattar discontinued his Verizon service? 17 A. Yes. 18 Q. What was the balance that Mr. Sattar owed on his account as 19 of the date of that bill? 20 A. $1,157.43. 21 MS. BAKER: May I have a minute again, your Honor? 22 THE COURT: Yes. 23 MS. BAKER: Your Honor, I have no further questions. 24 I'm sorry. 25 I neglected. The government offers 1805 and 1806. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5894 49KMSAT1 Connell - direct 1 THE COURT: No objection. Government Exhibits 1805 2 and 1806. 3 MR. TIGAR: May I have just a moment, please? 4 THE COURT: Yes. 5 MR. TIGAR: No objection, your Honor. 6 THE COURT: Government Exhibits 1805 and 1806 received 7 in evidence. 8 (Government's Exhibits 1805 and 1806 received in 9 evidence) 10 THE COURT: Ladies and gentlemen, at an earlier point 11 or points in the trial I took judicial notice of certain facts 12 and there are certain other facts as to which the Court will 13 take judicial notice. The Court takes judicial notice of the 14 following facts: At all times relevant to this case 15 Ms. Stewart was a subscriber to telephone No. 212-625-9696, at 16 the third floor, 351 Broadway, New York, New York and fax No. 17 212-625-3939 at the same address. 18 (Continued on next page) 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5895 49kesat2 1 THE COURT: And her home telephone number was 2 718-788-8851. 3 Ladies and gentlemen, as I've told you before with 4 respect to judicial notice, I have taken judicial notice of 5 certain facts which I believe are not subject to reasonable 6 dispute. I have accepted these facts to be true, even though 7 no evidence has been introduced proving them to be true. You 8 may but are not required to agree that these facts are true. 9 The weight and relevance of these facts, if you find them, are 10 for you, the jury, to determine. 11 All right. And with that, we'll take a midmorning 12 break. Please remember my continuing instructions not to talk 13 about this case at all. Always remember to keep an open mind 14 until you've heard all of the evidence and I've instructed you 15 on the law, you've gone to the jury room to begin your 16 deliberations. 17 Have a good break. I'll see you soon. 18 (Continued on next page) 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5896 49kesat2 1 (In open court; jury not present) 2 THE COURT: Please be seated just for a moment. There 3 are two things. 4 There were a couple of exhibits that would have 5 otherwise been in numerical order which were not offered. And 6 1803, 1804. 7 MS. BAKER: Your Honor, 1803 is an exhibit from 8 another telephone company that will be addressed tomorrow. 9 And 1804 was a Verizon record, but the government's 10 need to offer it was obviated by the judicial notice that the 11 Court took. 12 THE COURT: All right. On some of these technical 13 things, I think I saw some jurors looking over at other jurors. 14 If anyone wants me to instruct the jurors, please keep your 15 notes to yourself, I will. Otherwise, I won't -- no. 16 All right. OK. Have a good break. 17 (Recess) 18 THE COURT: Please be seated, all. Let's bring in the 19 jury, please. 20 (Continued on next page) 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5897 49kesat2 1 (In open court; jury present) 2 THE COURT: All right. Any further questions? 3 MR. RUHNKE: No questions. 4 THE COURT: No questions. Witness is excused. 5 THE WITNESS: Thank you, your Honor. 6 THE COURT: You may step down. 7 MS. BAKER: Your Honor, at this time the government 8 offers into evidence Government Exhibit 411, which is a blank 9 calendar for the month October 2000. 10 THE COURT: All right. No objections, Government 11 Exhibit 411 received in evidence. 12 (Government's Exhibit 411 received in evidence) 13 MS. BAKER: Your Honor, the government now offers and 14 asks permission to display and read to the jury a stipulation 15 marked as Government Exhibit 561S. 16 THE COURT: All right. Government Exhibit 561S 17 received in evidence. 18 (Government's Exhibit 561S received in evidence) 19 MS. BAKER: May I present it? 20 THE COURT: Yes. 21 MS. BAKER: Government Exhibit 561S states that the 22 parties hereby stipulate and agree that Government Exhibit 561X 23 is excerpted from and otherwise identical to Government 24 Exhibit 561T. And that is agreed to and stipulated and signed 25 by all parties and their counsel. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5898 49kesat2 1 THE COURT: All right. 2 MS. BAKER: Your Honor, based on Government 3 Exhibit 561S, the government offers Government Exhibit 561, 4 which is an Al-Hayat news article in Arabic and Government 5 Exhibit 561X, the excerpted translation. 6 THE COURT: All right. Ladies and gentlemen, these 7 exhibits are offered only against Mr. Sattar and only with 8 respect to Counts 2 and 3 of the indictment. And they cannot 9 be considered for the truth of any of the matters asserted 10 against Ms. Stewart or Mr. Yousry. 11 All right. 12 MS. BAKER: Your Honor, if I might display the Arabic 13 news page, Government Exhibit 561, just by holding it up to the 14 jury because it's an oversized piece of paper. 15 THE COURT: All right. 16 MS. BAKER: And if I might put the header of the page 17 on the Elmo. This is a page from Al-Hayat dated Sunday, 29 18 October, 2000. 19 And now if I might display to the jury and read 20 Government Exhibit 561X. 21 THE COURT: All right. 22 MS. BAKER: Al-Hayat, 29 October, 2000, page six. 23 London, Al-Hayat. Rifa'i Ahmad Taha, a leader of the 24 Egyptian Islamic group, issued a threatening statement to 25 "avenge" the murder of a leader of this banned group in a SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5899 49kesat2 1 confrontation with the Egyptian security forces in the province 2 of Aswan. 3 Taha said that 'Alaa Abdul Razzaq (as spelled in the 4 original) Atia, who was murdered along with another member of 5 the group, was a leader of the top military wing and the 6 mastermind of the big operations in Qina, Sohag and Luxor. He 7 added that he places "total responsibility" on the Egyptian 8 government for Atia's murder. He also added "we'll not clear 9 of guilt" those (he did not name them) who "one day believed" 10 in the possibility of an agreement with the Egyptian 11 government, but it is clear he means the movement in "the 12 Islamic group" that sought suspension of operations in 1998. 13 THE COURT: All right. 14 MS. BAKER: Your Honor, I would ask that I be excused 15 to attend to another matter in the case. 16 THE COURT: OK. 17 MR. BARKOW: Your Honor, may Mr. Forkner step forward. 18 THE COURT: Yes. 19 MR. BARKOW: Your Honor, at this point the government 20 requests permission to read and publish to the jury what is in 21 evidence as Government Exhibit 1208X, which would appropriately 22 receive a limiting instruction. 23 THE COURT: All right. Ladies and gentlemen, this 24 transcript is offered only as to Counts 2 and 3 of the 25 indictment. And it is received subject to connection against SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5900 49kesat2 1 Mr. Sattar. I've explained to you what "subject to connection" 2 means. 3 This transcript cannot be considered against 4 Ms. Stewart or Mr. Yousry for the truth of any of the matters 5 asserted in the transcript. 6 MR. BARKOW: Your Honor, this is a call on 7 October 30th of 2000 at 10:03 p.m. Mr. Forkner will be reading 8 the lines of Ahmed Abdel Sattar and I will be reading the lines 9 of Rifa'i Ahmad Taha Musa. May we proceed. 10 THE COURT: Yes. 11 (At this point, Government Exhibit 1208X, in evidence, 12 was displayed and read to the jury) 13 THE COURT: Can we just pause there. I understand the 14 lunch is already here for the jurors, so if we could just stop 15 and we'll pick up again at 2:00, ladies and gentlemen. 16 Please remember my continuing instructions. Please 17 don't talk about this case at all. Always remember to keep an 18 open mind until you've heard all of the evidence and I've 19 instructed you on the law. 20 Have a very good lunch. I look forward to seeing you 21 after lunch. 22 (Luncheon adjournment) 23 (Continued on next page) 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5901 49kesat2 1 AFTERNOON SESSION 2 2:05 p.m. 3 (In open court; jury not present) 4 THE COURT: Please be seated. All right. Yes. 5 MR. BARKOW: Yes, your Honor. We just wanted to make 6 the Court aware of one matter. 7 With respect to two exhibits, Government 8 Exhibits 1214X and 1221X, which are transcripts, the government 9 over the weekend proposed to the defendants redactions or 10 excerpts of those. And actually, I've heard from counsel for 11 Sattar and counsel for Stewart, not for counsel for Yousry on 12 this. But as between the two I've spoken to, there was no 13 objection to our substituting the redacted or excerpted 14 versions of 1214X and 1221X for those -- since we haven't 15 presented them to the jury yet, and it may have happened 16 already in the Court's copy, Ms. Grand was going to do that. I 17 don't know if we're going to get there today, or at least we 18 won't get there before the break. 19 THE COURT: When you say Ms. Grand was going to do 20 that, I got over the weekend a package of some transcripts, 21 1201 and -- 22 MR. BARKOW: I don't think it was in that package, 23 your Honor. It was not in that package. 24 THE COURT: Let's -- and we like to substitute our own 25 copies, always -- you know, don't do anything up here. Just SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5902 49kesat2 1 give it to my deputy or my law clerks or something. 2 MR. BARKOW: When I said do that, what I meant is 3 she's going to follow whatever procedures have been followed in 4 terms of giving the Court exhibits. I haven't been involved in 5 that so -- but I would want to make the Court aware, I think 6 there is no objection from counsel for Sattar and counsel for 7 Stewart, and I see no objection for counsel for Mr. Yousry. 8 THE COURT: All right. You can pass up those copies 9 if they're ready. 10 MR. BARKOW: Apparently, your Honor, they may actually 11 already be there so -- may I have just a moment. 12 THE COURT: Yes. 13 MR. BARKOW: Your Honor, I believe they may be in your 14 binder already. And we will not do that anymore. 15 THE COURT: Are you ready to bring in the jury? 16 MR. BARKOW: We are, your Honor. 17 MR. TIGAR: I'm sorry, your Honor. Mr. Barkow wants a 18 stipulation so I'm looking at -- 19 THE COURT: That's fine. 20 MR. TIGAR: If I could just have another minute to -- 21 THE COURT: Sure. 22 MR. TIGAR: Thank you, your Honor. I think we're OK 23 now. 24 THE COURT: OK. Let's bring in the jury. 25 Mr. Forkner was on the stand, was he not? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5903 49kesat2 1 MR. BARKOW: Yes, your Honor. 2 (Continued on next page) 3 4 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 5904 49kesat2 1 (In open court; jury present) 2 THE COURT: All right. Please be seated, all. 3 Good afternoon, ladies and gentlemen. Good to see 4 you. 5 All right. When we broke for lunch, we were in the 6 middle, I believe, of Government Exhibit 1208. 7 All right. You may proceed. 8 MR. BARKOW: I'm sorry. May we proceed, your Honor? 9 THE COURT: Yes. 10 (At this point, Government Exhibit 1208, in evidence, 11 was displayed and read to the jury) 12 MR. DEMBER: Your Honor, at this time we ask 13 permission to read to the jury, play -- and present to the jury 14 Government Exhibit 1209X. This transcript also requires an 15 instruction, your Honor. 16 THE COURT: All right. Ladies and gentlemen, this 17 transcript is offered only as to Counts 2 and 3 of the 18 indictment, and it is received subject to connection against 19 Mr. Sattar. I've explained to you what "subject to connection" 20 means. 21 This transcript cannot be considered against 22 Ms. Stewart or Mr. Yousry for the truth of any of the matters 23 asserted in the transcript. 24 All right. You may proceed. 25 MR. DEMBER: Your Honor, this is a conversation on SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5905 49kesat2 1 November 2, 2000, at 10:02 p.m. Mr. Forkner will read the part 2 of Ahmed Abdel Sattar. I will read the part of Rifa'i Ahmad 3 Taha Musa. 4 May we proceed. 5 THE COURT: Yes. 6 (At this point, Government Exhibit 1209X, in evidence, 7 was displayed and read to the jury) 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 5906 49KMSAT3 1 THE COURT: Ladies and gentlemen, we will take our 2 afternoon recess. Please remember my continuing instructions 3 not to talk about the case and keep an open mind. 4 All rise, please. Please follow Mr. Fletcher to the 5 jury room. 6 (Jury not present) 7 THE COURT: See you shortly. 8 (Recess) 9 THE COURT: I am going to file under seal my memo 10 endorsements of Ms. Shellow-Lavine's request to be excused in 11 September and the government's request to adjourn at 3:25 on 12 October the 7th. 13 MS. SHELLOW-LAVINE: Thank you. 14 THE COURT: It was Mr. Fletcher who actually mentioned 15 to me that he thought both letters probably should be filed 16 under seal. But they should be. 17 MR. BARKOW: Your Honor, can Mr. Forkner come back to 18 the witness stand? 19 THE COURT: Yes. 20 MR. BARKOW: May I approach to give something to 21 Mr. Forkner, your Honor? 22 THE COURT: Yes. 23 MR. BARKOW: May I approach again, your Honor? 24 THE COURT: Yes. 25 (Jury present) SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5907 49KMSAT3 1 MR. BARKOW: Your Honor, at this point the government 2 requests permission to read and publish to the jury what is in 3 evidence as Government Exhibit 1210X. This appropriately 4 receives the limiting instruction, your Honor. 5 THE COURT: Ladies and gentlemen, this transcript is 6 offered only as to Counts 2 and 3 of the indictment and it is 7 received subject to connection against Mr. Sattar. I have 8 explained to you what subject to connection means. This 9 transcript cannot be considered against Ms. Stewart or 10 Mr. Yousry for the truth of any of the matters asserted in the 11 transcript. 12 You may proceed. 13 MR. BARKOW: Your Honor, this is a call on November 14 10, 2000 at 2:49 p.m. Mr. Forkner will read the lines of Ahmed 15 Abdel Sattar and I will read the lines of Rifa'i Ahmad Taha 16 Musa. 17 (At this point Government Exhibit 1210X in evidence, 18 displayed and read to the jury) 19 MR. BARKOW: Your Honor, at this point the government 20 requests permission to read and to publish to the jury what is 21 in evidence as Government Exhibit 1213X. 22 THE COURT: All right. 23 MR. BARKOW: Your Honor, this is a call on November 17 24 of 2000 at 10:34 p.m. Mr. Forkner will read the lines of Ahmed 25 Abdel Sattar and I will read the lines of Rifa'i Ahmad Taha SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5908 49KMSAT3 1 Musa. May we proceed? 2 THE COURT: Yes. 3 (At this point, Government Exhibit 1213X in evidence, 4 displayed and read to the jury) 5 MR. BARKOW: Your Honor, at this point the government 6 requests permission to read and publish to the jury what is in 7 evidence as Government Exhibit 1214X. 8 THE COURT: All right. Ladies and gentlemen, this 9 transcript is offered only as to Counts 2 and 3 of the 10 indictment and it is received subject to connection against 11 Mr. Sattar. I have explained to you what subject to connection 12 means. This transcript cannot be considered against 13 Ms. Stewart or Mr. Yousry for the truth of any of the matters 14 asserted in the transcript. 15 MR. BARKOW: Your Honor, may I have just a moment? 16 THE COURT: Yes. I'm sorry. Exactly right. 17 Ladies and gentlemen, I was too hasty in looking at my 18 own chart. And this transcript, I'm correct, does not have a 19 limiting instruction. 20 MR. BARKOW: Your Honor, this is a call on December -- 21 THE COURT: I just want to confirm. 22 MR. BARKOW: That's correct, your Honor. 23 Your Honor, this is a call on December 1 of 2000 at 24 5:45 p.m. Mr. Forkner will read the lines of Ahmed Abdel 25 Sattar. If Mr. Dember could join me at the podium, he will SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5909 49KMSAT3 1 read the lines of Mustafa El-Azabawi and Tamer El-Azabawi, and 2 I will read the lines of Yassir Al-Sirri. 3 (At this point, Government Exhibit 1214X in evidence, 4 displayed and read to the jury) 5 MR. BARKOW: Your Honor, at this point the government 6 requests permission to read and publish to the jury what is in 7 evidence as Government Exhibit 1216X. 8 THE COURT: All right. 9 MR. BARKOW: Your Honor, this is a call on December 10 10 of 2000 at 10:40 p.m. Actually, if Mr. Dember could join me at 11 the podium. Mr. Dember will read the lines of Lisa Sattar, and 12 I will read the lines of Ahmed Abdel Rahman, and Mr. Forkner 13 will read the lines of Ahmed Abdel Sattar. 14 (At this point, Government Exhibit 1216X in evidence, 15 displayed and read to the jury) 16 MR. BARKOW: Your Honor, this might be a convenient 17 time to break. This next transcript will not be finished by 18 the end of the day. 19 THE COURT: All right. 20 Ladies and gentlemen, we will break for the day until 21 tomorrow at 9:30. 22 Please remember my continuing instructions. Please 23 don't talk about this case at all among yourselves or with 24 anyone when you go home tonight. Please remember, don't look 25 at or listen to anything to do with the case. If you should SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5910 49KMSAT3 1 see or hear something inadvertently, simply look away. 2 Remember always to keep an open mind until you have heard all 3 of the evidence, I have instructed you on the law, you've gone 4 to the jury room to begin your deliberations. Fairness and 5 justice requires that you do that. 6 With that, have a very good evening. I look forward 7 to seeing you tomorrow. 8 All rise, please, and follow Mr. Fletcher to the jury 9 room. 10 (Jury not present) 11 THE COURT: See you tomorrow at 9:15. Have a good 12 evening. 13 (Adjourned to Tuesday, September 21, 2004 at 9:15 14 a.m.) 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 5911 1 INDEX OF EXAMINATION 2 Examination of: Page 3 GERRY CONNELL 4 Direct By Ms. Baker . . . . . . . . . . . . 5864 5 GOVERNMENT EXHIBITS 6 Exhibit No. Received 7 1801-1, 1801-2, and 1802 . . . . . . . . 5868 8 1801A-1801C, 1802A, and 1802C . . . . . . 5868 9 1805 and 1806 . . . . . . . . . . . . . . 5894 10 411 . . . . . . . . . . . . . . . . . . . 5897 11 561S . . . . . . . . . . . . . . . . . . 5897 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300