9266 4BI5SAT1 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 November 18, 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 A. RUHNKE 23 DAVID STERN 24 Attorneys for Defendant Yousry 25 (Page 9267 SEALED by order of the Court) SOUTHERN DISTRICT REPORTERS (212) 805-0300 9268 4BI5SAT1 1 (In open court) 2 MR. TIGAR: Your Honor, I am going to stand here if 3 it's all right because the technology is happening over at my 4 neighbor's place. 5 THE COURT: There was a legal issue that parties 6 wanted to raise? 7 MR. RUHNKE: Yes, your Honor. 8 The legal issue is this. There has been some 9 discussion of competing transcripts versus non-competing 10 transcripts. The one competing transcript that the parties 11 agreed that the defense would be able to present is a prison 12 call of October 6, 2000. 13 We propose to play, to offer and introduce into 14 evidence the entire transcript of that October 6 prison 15 conversation. We only intend to read to the jury excerpts from 16 the October 6, 2000 prison visit. This was a prison visit that 17 was played and read in full to the jury -- 18 THE COURT: I'm sorry, prison call or prison visit? 19 MR. RUHNKE: I'm sorry, I meant prison call. 20 This was a prison call that was previously read to the 21 jury in full and there, we don't see any need for it to be read 22 in full again. It is probably about a 45-minute or one-hour 23 production and that's our position. There is to reason to play 24 it in full and the government is free to use whatever excerpts 25 it wants to use out of our transcript or out of the transcript SOUTHERN DISTRICT REPORTERS (212) 805-0300 9269 4BI5SAT1 1 that's already been fully read to the jury. 2 MS. BAKER: Your Honor, in the government's case when 3 the government sought to present this as one of the only three 4 prison calls that the government presented, the defense made a 5 Rule 106 completeness objection when the government proposed to 6 excerpt the call. The defense insisted that the government put 7 in the entire transcript and read the entire transcript. And 8 in light of the fact, the fact that the government had to read 9 the entirety of its transcript, even though it did not wish to 10 in response to the defense rule of completeness objection, we 11 think that the only fair and appropriate thing is that the 12 defense present the entirety of its transcript now under the 13 same rule of completeness principle. 14 MR. RUHNKE: Your Honor, my memory of that is fuzzy 15 but unless I am mistaken, all these completeness arguments were 16 worked out in negotiations between the parties. I don't think 17 the Court ever made a ruling. If I am wrong on that I just 18 don't remember that. 19 But I do recall sitting down with Mr. Morvillo and 20 Mr. Barkow and discussing the three prison calls that they 21 wished to issue, use, and reaching agreement that of course 22 they should be played in their entirety because they depict the 23 entire tone of the conversation. There was no legal dispute I 24 don't think ever presented to the Court about that. 25 I have not agreed with Ms. Baker that we are going to SOUTHERN DISTRICT REPORTERS (212) 805-0300 9270 4BI5SAT1 1 play the entire prison call, read the entire prison call on our 2 case. 3 MS. BAKER: Your Honor, Mr. Ruhnke is correct that we 4 didn't ask for the Court to rule that we had to present it in 5 full. But when we had our negotiations with the defense, we 6 proposed to excerpt the call and the defendants said, no, we 7 will object to that. And so, we said, fine. Instead of making 8 the Judge rule, we will agree. But it was against what we 9 wished to do. 10 THE COURT: My recollection is that the 106 issues 11 were worked out by the parties. I also accept the 12 representation that the defendant wanted the whole call played 13 and the government then acquiesced to having the whole call 14 played as part of its case, even though it didn't wish the 15 whole call to be played. 16 On other 106 issues I have allowed large portions to 17 be played to place things in context including, at the defense 18 request, long, long speeches and sermons. So, I would be 19 inclined to have much, if not all of that call played at the 20 instance of the other party, portions having previously been 21 played. 22 That having been said, in the interests of prudence I 23 would at least have a question for the government whether the 24 government really believes that in fairness to the government 25 all the rest of the call that the government really didn't want SOUTHERN DISTRICT REPORTERS (212) 805-0300 9271 4BI5SAT1 1 to see played in its case ought to be played now again. 2 One would have thought that some prudent editing could 3 save us some time without losing the benefits of the rule of 4 completeness. But I'm not going to impose that and for all I 5 know that kind of editing may be, take more time than its 6 worth. 7 MS. BAKER: Your Honor, if you wish to break for 10 8 minutes we can look at the transcript again. I didn't realize 9 until Mr. Ruhnke arrived this morning that we were going to be 10 asking your Honor to address this issue. He and I had had 11 discussions back and forth about what he was going to be doing 12 with the three prison calls that we had already put in. I had 13 voiced this rule of completeness objection to him previously 14 and was unaware until this morning that he had not acquiesced 15 in it. 16 So, I'm willing to look at it again now in light of 17 what the Court has just said. 18 MR. RUHNKE: Your Honor, I never told her I acquiesced 19 in playing the whole transcript, I always told her it was a 20 matter of negotiations -- 21 THE COURT: Hold on, please. 22 MR. RUHNKE: And -- 23 THE COURT: Hold on, please. Just stop one moment, 24 Mr. Ruhnke. 25 This is a good argument for why I don't sit on SOUTHERN DISTRICT REPORTERS (212) 805-0300 9272 4BI5SAT1 1 Fridays, today is the last day we sit this week. 2 I don't believe Ms. Baker said that you said you 3 acquiesced. I think the impression that I took from what 4 Ms. Baker said is that this was a matter of discussion between 5 you and that she took away the impression that you had 6 acquiesced. She didn't say that had you acquiesced. 7 She said that she came to court this morning because 8 the issue had not been a cause celeb between you under the 9 impression -- and this is expounding on what she just said -- 10 having expressed her view, she came away from that discussion 11 with the impression that you were going to. 12 MR. RUHNKE: If she came away from our discussion with 13 the impression that I was acquiescing in this that is somewhat 14 surprising but I will accept that. Misinterpretations happen 15 all the time. 16 THE COURT: Thank you. I'm sorry? 17 MR. RUHNKE: Misinterpretations happen all the time. 18 THE COURT: Do you want to begin with the jury or do 19 you want to take 10 more minutes to resolve that issue now? 20 MR. RUHNKE: We are going to get to it today and I 21 can't tell you when. I think if we are going to resolve it, 22 let's get it resolved now before we have the jury in and 23 shuffling out again. 24 THE COURT: Sure. 25 Is there anything else? No. Okay. SOUTHERN DISTRICT REPORTERS (212) 805-0300 9273 4BI5SAT1 1 (Recess) 2 MR. RUHNKE: Your Honor, the logistics of the 3 situation is it was easier to agree to read the whole thing 4 rather than to read the excerpt, so I acquiesced. 5 MS. BAKER: Your Honor, I did offer that about a third 6 of the call could be excerpted out at which point. 7 MR. RUHNKE: Mr. Stern is on his way back in, can we 8 wait a minute? 9 THE COURT: Sure. No problem. 10 (Pause) 11 MR. RUHNKE: And we do have a stipulation, your Honor, 12 that I will read to the jury, first thing, regarding the 13 English excerpts, work that out. 14 THE COURT: Okay. 15 MR. RUHNKE: Your Honor, while we are on the record 16 and waiting, I did notice an error in last night's transcript. 17 At the close of the day I said something about voting 18 for John Kerry and I believe the court reporter erroneously has 19 attributed that remark to your Honor. 20 THE COURT: I'm sorry, the court reporter -- 21 MR. RUHNKE: At the end of the day I made a 22 prestigious remark about John Kerry being elected and I think 23 in the transcript that remark is attributed to your Honor. 24 MR. PAUL: No, it is not. 25 MR. RUHNKE: It was. SOUTHERN DISTRICT REPORTERS (212) 805-0300 9274 4BI5SAT1 1 MR. PAUL: It was on the LiveNote. 2 MR. RUHNKE: I apologize to the court reporter. 3 We are ready, your Honor. 4 THE COURT: All right. 5 (Continued on next page) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS (212) 805-0300 9275 4BI5SAT1 1 (Jury present) 2 THE COURT: Good morning, ladies and gentlemen. 3 THE JURY: Good morning. 4 THE COURT: Good to see you all, as always. 5 Mr. Yousry is on the stand. 6 Mr. Fletcher? 7 THE DEPUTY CLERK: Mr. Yousry, you are reminded you 8 are still under oath. 9 THE WITNESS: Yes, sir. Thank you. 10 MOHAMMED YOUSRY, continued. 11 THE COURT: Mr. Ruhnke. 12 DIRECT EXAMINATION 13 BY MR. RUHNKE:: 14 Q. Mr. Yousry, just for the record, how do you pronounce your 15 last name? 16 A. Yousry. 17 Q. Yesterday afternoon when we broke, or during the afternoon 18 session we were talking about a will that you participated in 19 the translation of. 20 Do you remember that testimony? 21 A. Yes, I do. 22 Q. Do you remember the date that appeared on that will? 23 A. Sometime in '99, I think '97. 24 Q. Do you recall or do you know whether there is a reference 25 to that will being drafted in your notebooks? SOUTHERN DISTRICT REPORTERS (212) 805-0300 9276 4BI5SAT1 Yousry - direct 1 A. I believe there is a couple of inferences to that will in 2 my notebooks, yes. 3 Q. Would you pick up the exhibit marked MY1000CT, which is in 4 evidence? 5 A. I have it. 6 Q. And turn to page 19 of that document, or where the Bates 7 Number is 19? 8 A. I have it. 9 Q. And, looking at the Arabic on the left and the English on 10 the right; first of all, does that depict and state what the 11 date and event was that's summarized at page 19? 12 A. Yes, it does. 13 Q. What was going on? What were you writing about on page 19, 14 is it a prison visit, phone call? 15 A. It was a prison call. 16 Q. A? 17 A. A prison call. 18 MR. RUHNKE: And, your Honor, with the Court's 19 permission, I would like to display first the Arabic side of 20 page 19 and then the English. 21 THE COURT: Yes. 22 Q. Looking at the Arabic side of page 19, Mr. Yousry, could 23 you just tap the monitor where it shows the date in Arabic? 24 And what is the date that's shown in Arabic? 25 A. It's July 23rd, 1997. SOUTHERN DISTRICT REPORTERS (212) 805-0300 9277 4BI5SAT1 Yousry - direct 1 Q. Is there any indication on that page or do you recall, who 2 the attorney was that was participated in that phone call? 3 A. No, but I most likely think it was either Mr. Jabara or 4 Mr. Clark. 5 Q. You are going to have to keep your voice up a little bit so 6 you don't speak so directly into the mic that you distort it. 7 Try to keep your voice up and clear for us, please. 8 Who was it, to the best of your recollection? 9 A. Either Mr. Jabara or Mr. Clark. 10 Q. Now, I'm going to now display the English side of that 11 page. Does that reference the English side, what the phone 12 call was, the date of the phone call, and towards the bottom 13 where it shows my finger to the left, is there a reference to 14 the will? 15 A. Towards the bottom, yes. Right here. 16 Q. And if you just read the English that is at that point? 17 A. It says: You should request an autopsy of the corpse after 18 death. That will make the government afraid. Not requesting 19 an autopsy will give them the impression and freedom to think 20 that the reason would be buried with you. 21 Q. And whose words are you summarizing at that point? 22 A. The words of the lawyer in charge of this particular call. 23 Q. And you see the words right above that in Arabic, the will? 24 A. Yes, I do. 25 Q. Is this a discussion of a will that was actually -- that SOUTHERN DISTRICT REPORTERS (212) 805-0300 9278 4BI5SAT1 Yousry - direct 1 you testified about that was signed and delivered to the 2 Egyptian embassy? 3 A. Yes. 4 MR. RUHNKE: Your Honor, at this point I would like to 5 read and display a stipulation that's been agreed to by the 6 parties. 7 THE COURT: Yes. 8 MR. RUHNKE: And it is marked Defendant's Exhibit 9 MY-stip 6. 10 THE COURT: All right. Exhibit MY-stip 6 received in 11 evidence. 12 (Defendant's Exhibit MY-stip 6 received in evidence) 13 THE COURT: You may proceed. 14 MR. RUHNKE: May I read it, your Honor? 15 THE COURT: Yes. 16 MR. RUHNKE: The parties hereby stipulate and agreed 17 to the following: 18 If called as a witness, a paralegal employed to work 19 on this case by counsel to Mohammed Yousry, would testify that 20 he took the original audio recordings in this case, in .voc 21 format, as contained on the CD labeled "Defense 2" and 22 identified from that CD the tracks containing the underlying 23 English language calls set forth in the excerpted English 24 language transcripts marked as Defendant's Exhibit MY-1702X, 25 MY-1703X, MY-1704X and MY-1716X. SOUTHERN DISTRICT REPORTERS (212) 805-0300 9279 4BI5SAT1 Yousry - direct 1 2. The paralegal identified in paragraph 1 would 2 testify further, that he took the original CD of the recordings 3 to a commercial service and requested that exact copies be made 4 of excerpts of the English language portions of the 5 above-described recordings such that the excerpts would conform 6 to the contents of the transcripts of the above-described 7 English language recordings. 8 3. The paralegal identified in paragraph 1 would 9 testify further that he listened to the excerpted recordings 10 and that, in each case, the excerpted recordings accurately 11 reflected what was on the original, complete conversation and 12 that the excerpted recordings accurately matched the 13 transcripts specified in paragraph 1 of this stipulation. 14 The excerpted recordings are marked as follows: 15 MY-1702XA, MY-1703XA, MY-1704XA, and MY-1716XA, and it is 16 signed by all the parties and it bears today's date, New York, 17 New York, November 18, 2004. 18 At some point later today I will actually offer those 19 excerpts, your Honor. 20 THE COURT: Okay. 21 BY MR. RUHNKE:: 22 Q. Mr. Yousry, yesterday we were going through telephone calls 23 containing your, that were recorded on your home telephone 24 line. 25 Do you remember that? SOUTHERN DISTRICT REPORTERS (212) 805-0300 9280 4BI5SAT1 Yousry - direct 1 A. Yes, I do. 2 Q. At this point I would like to turn to, in the book, to the 3 exhibit marked Defendant's Exhibit 1707X -- MY-1707X. Do you 4 have that? 5 A. Yes, I do. 6 Q. And as is the case with the other conversations, have you 7 listened to the Arabic audio of the original disk of this 8 telephone conversation? 9 A. Yes, I did. 10 Q. And have you also listened to the excerpted portion which 11 is summarized in MY-1707X? 12 A. Yes, I did. 13 Q. And, do both the original and copy reflect what took place 14 in the conversation? 15 A. Yes, they do. 16 Q. Is that true of all the exhibits marked in the 1700 series? 17 A. Yes. 18 Q. In each case did you listen to the entire original 19 conversation? 20 A. Yes, I did. 21 Q. And in each case did you then listen to the excerpted 22 conversation? 23 A. Yes, I did. 24 Q. And in each case, how did the excerpted conversations 25 compare with what had been on the original recording? SOUTHERN DISTRICT REPORTERS (212) 805-0300 9281 4BI5SAT1 Yousry - direct 1 A. Accurate. 2 MR. RUHNKE: Your Honor, with the Court's permission, 3 I offer MY-1707X and seek permission to have it read to the 4 jury. 5 THE COURT: Yes. Is 1707X a -- 6 MR. RUHNKE: It is an Arabic call, your Honor. 7 THE COURT: It is an Arabic call, okay. 8 So, MY-1707X is received in evidence. 9 (Defendant's Exhibit MY 1707X, received in evidence) 10 THE COURT: I have given you the instructions, ladies 11 and gentlemen, on how Arabic transcripts are in evidence and 12 the transcripts of English calls are an aid to your listening 13 and I may not repeat that for all of these, but you are to 14 apply that instruction throughout and I will repeat it again in 15 my final instructions. And that will apply to this series, 16 MY-1701 through MY-1730. 17 And it also has a limiting instruction that 18 Mr. Yousry's statements are not admitted for their truth but 19 only as evidence of his knowledge, intent or state of mind, and 20 statements by others are not admitted for their truth but only 21 their effect, if any, on Mr. Yousry's knowledge, intent or 22 state of mind. 23 And again, I may not repeat that instruction as we go 24 through other recordings but you are to apply it to all the 25 series, MY-1701 to MY-1730, okay? SOUTHERN DISTRICT REPORTERS (212) 805-0300 9282 4BI5SAT1 Yousry - direct 1 MR. RUHNKE: Your Honor, may I display the first page 2 of the transcript? 3 THE COURT: Yes. 4 MR. RUHNKE: Have them display it? And Mr. Yousry, 5 looking at this call, which is now the transcript is now in 6 evidence, it is a call that took place on March 28, 2000, 7 starting at, looks like 9:38 in the evening. The participants 8 are yourself and Mr. Sattar. If I could ask Mr. Nepper to read 9 the part of Mr. Yousry and Mr. Fanjul to read the part of 10 Mr. Sattar. 11 THE COURT: All right. 12 (Whereupon, Defendant's Exhibit MY-1707X, in evidence, 13 was displayed and read for the jury) 14 BY MR. RUHNKE:: 15 Q. Mr. Yousry, what does the word "Pasha" mean in Arabic? 16 A. It's a social title that was abolished after the 1952 17 revolution. 18 Basically it's a social title that was abolished after 19 the 1952 revolution. It is the highest ranking social status 20 outside of the family of the king, so. 21 Q. And when you use it here, when Mr. Sattar calls you Pasha, 22 how do you interpret that? 23 MR. RUHNKE: Your Honor, we are having a little 24 trouble with the mic there. 25 A. I was teased a lot because my grandfather was a Pasha, was SOUTHERN DISTRICT REPORTERS (212) 805-0300 9283 4BI5SAT1 Yousry - direct 1 a real one. But it is kind of like a joke, so. 2 Q. There is reference in the phone call to a man named Yasser 3 Al-Sirri. Do you recall that reference? 4 A. Yes, I do. 5 Q. Had you had a recent telephone conversation that involved 6 Yassir Al-Sirri? 7 A. Yes. 8 Q. And, what was the subject of the phone call? 9 A. Mr. Sattar called me and he asked me if I have a specific 10 book. And I said yes, I do. And he said, well, someone wants 11 to know the contents of that book, the table of contents of 12 that book. And -- 13 Q. And your reply to that request, did you speak to the other 14 gentleman? 15 A. Yes, I did. 16 Q. Did you know who he was at the time? 17 A. No, I did not. 18 Q. Have you ever spoken to him since? 19 A. No. 20 Q. In your book, if you will next turn to an Exhibit marked 21 Government Exhibit 1088T, which is in evidence, do you have 22 that in the book in front of you? 23 A. I'm sorry, I didn't get the number. 24 Q. It should be the next item right after the conversation we 25 just played; 1088T in evidence. It is a government exhibit SOUTHERN DISTRICT REPORTERS (212) 805-0300 9284 4BI5SAT1 Yousry - direct 1 that was played by the government? 2 A. I do not have it here. 3 MS. BAKER: Your Honor, may I confer with Mr. Ruhnke 4 again? 5 THE COURT: Yes. 6 (Counsel conferring) 7 MR. RUHNKE: Your Honor, I am advised that only 1088X 8 is in evidence. We intend to play portions of 1088X -- or not 9 play, to read portions of 1088X, which is in evidence. 10 And with the Court's permission, I would like to 11 display the portion that we intend to play. 12 THE COURT: All right. This is an Arabic recording? 13 MR. RUHNKE: This is an Arabic recording. It is an 14 Arabic recording, it was Mr. Yousry -- it is in evidence, your 15 Honor, so it involves Mr. Yousry and Mohammed and Elmasry, it 16 is a phone call dated May 18, 2000, at about 9:30 eastern time, 17 9 p.m. 18 THE COURT: All right. 19 MR. RUHNKE: With the Court's permission, Mr. Nepper 20 will read the part of Mr. Elmasry and I will read the part of 21 Mr. Yousry. And if we can display the excerpt on the screen? 22 THE COURT: I'm sorry. 23 MR. RUHNKE: We would like to display the excerpt on 24 the screen, it is an excerpt in evidence on the government's 25 case. SOUTHERN DISTRICT REPORTERS (212) 805-0300 9285 4BI5SAT1 Yousry - direct 1 THE COURT: Right. 2 Who is going to be reading the attributions to 3 Mr. Yousry? 4 MR. RUHNKE: Mr. Nepper, your Honor. 5 THE COURT: Thank you. 6 MR. RUHNKE: And I will read attributions for 7 Mr. Elmasry. 8 May we have it displayed? 9 THE COURT: Yes. 10 MR. RUHNKE: Beginning of line 15. 11 (Whereupon Government Exhibit 1088X, in evidence, was 12 displayed and read for the jury) 13 MR. RUHNKE: That ends the excerpt of that call that 14 we wanted to read, your Honor. 15 THE COURT: All right. 16 (Continued on next page) 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS (212) 805-0300 9286 4biesat2 Yousry - direct 1 BY MR. RUHNKE: 2 Q. Mr. Yousry, what's going on in this brief excerpt? What's 3 happening? 4 A. Mr. Nabil Elmasry, I believe, bought a new watch for the 5 Sheikh. And he was thinking whether or not to buy -- what kind 6 of a band for the watch. And he wanted to ask the Sheikh that. 7 So he wanted to fax me a letter, since we were going the 8 following day on a legal visit, Ms. Stewart and myself. And I 9 was informing him that whatever he sends me, I have to read to 10 the lawyer, translate it, get it approved first. Whether or 11 not it had only greetings or what have you, that's the process. 12 Q. And who was Mr. Elmasry in this -- first of all, the words 13 Elmasry in Arabic mean what? 14 A. They're Egyptian. 15 Q. So referring to someone by their country, it could be -- 16 Mohammed Elmasry could be Mohammed, the Egyptian, right? 17 A. Right. 18 Q. In this case was that his family name as well? 19 A. I believe so, yes. 20 Q. And to your knowledge, understanding, who was Mr. Mohammed 21 Elmasry? 22 A. I believe he was one of the three main paralegals working 23 on the Sheikh's case in 1995. 24 Q. And he had worked as part of the legal team for the Sheikh, 25 is that what you're saying? SOUTHERN DISTRICT REPORTERS (212) 805-0300 9287 4biesat2 Yousry - direct 1 A. Yes, he did. 2 Q. Even so, you felt it necessary to have his letter approved? 3 A. Sure. 4 Q. When you're speaking to Mr. Sattar about conversations with 5 the Sheikh, do you believe that to be within the legal team or 6 without the legal team? 7 MS. BAKER: Objection, leading. 8 THE COURT: All right. Rephrase. 9 Q. Have you ever spoken with Mr. Sattar about matters that the 10 Sheikh has said? 11 A. Yes, I did. 12 Q. And what is your belief about that? 13 A. Well, there was generally two process. In general, I was 14 permitted by Mr. Clark, Mr. Abdeen Jabara, Ms. Stewart and as 15 well Mr. Larry Schilling, if there is greetings, how are you, 16 how you feel, things about tapes, I wouldn't ask them for 17 permission. 18 But if there is any other thing, like a letter going 19 to someone else or what have you, then I have to ask permission 20 for that. 21 Also, the lawyers, they have to approve what the 22 Sheikh says all the time. If the Sheikh says tell Ahmed, one, 23 two, three, four, five, the lawyer will say no, only just one 24 or two, that's what I do. I do not show Ahmed letters -- I 25 don't show him the letter. I do not show Ahmed photographs. SOUTHERN DISTRICT REPORTERS (212) 805-0300 9288 4biesat2 Yousry - direct 1 Ahmed doesn't see them. So I basically followed what the 2 lawyers said. 3 Q. Mr. Yousry, if you turn in your book, do you have Exhibit 4 MY1710X? 5 A. Yes, I do. 6 Q. And have you reviewed this document under the same 7 circumstances that you reviewed all the documents in the 1700 8 series? 9 A. Yes, I did. 10 MR. RUHNKE: Your Honor, I offer 1710X and ask for 11 permission to read the contents. It's an Arabic conversation, 12 so it requires that construction. 13 THE COURT: All right. MY1710X is received in 14 evidence. 15 (Defendant's Exhibit MY1710X received in evidence) 16 THE COURT: It's, as you heard, a transcript of an 17 Arabic -- of a recording in Arabic. So the transcript is in 18 evidence, and it's subject to the same limiting instruction 19 that I've given you with respect to all of the recordings and 20 transcripts in this series, MY1701 through 1730. 21 MR. RUHNKE: May we display the first page of the 22 exhibit. 23 THE COURT: Yes. Through MY1730. Yes. 24 BY MR. RUHNKE: 25 Q. As we can see from this page, Mr. Yousry, this is a SOUTHERN DISTRICT REPORTERS (212) 805-0300 9289 4biesat2 Yousry - direct 1 conversation that occurred on June 5, 2000, at approximately 2 11:00 in the morning. And it's a call that you made from your 3 home. It's indicated an outgoing call. 4 I'd ask Mr. Nepper again to read the part of 5 Mr. Yousry. I'd ask Mr. Fanjou to again read the part of 6 Mr. Sattar. I'll read the part of Lisa Sattar. 7 (At this point, Government Exhibit MY1710X, in 8 evidence, was displayed and read to the jury) 9 BY MR. RUHNKE: 10 Q. Mr. Yousry, according to the exhibit that's in evidence, 11 the date of this call was June 5, 2000, correct? 12 A. Yes, that's correct. 13 Q. And at the beginning portion of the conversation, you and 14 Mr. Sattar are discussing what topic? 15 A. We were discussing the topic of the phone call, the 16 reduction of the number of the phone calls. 17 Q. And what view did you have on these twice-weekly phone 18 calls? 19 A. I basically wanted to quit altogether early the same year, 20 2000. I wasn't able to. Mr. Clark and Mr. Jabara wanted to 21 get a replacement. They were not able to. Then I suggested 22 that we should just cut the calls from twice weekly to once 23 weekly. That would be much easier for me as well. 24 They were trying to work on this. I suggested that to 25 the Sheikh. He agreed. Mr. Ramsey, Mr. Jabara did not talk SOUTHERN DISTRICT REPORTERS (212) 805-0300 9290 4biesat2 Yousry - direct 1 about it. Mr. Ramsey was of the opinion to keep it twice 2 weekly. Mr. Jabara thought that once weekly would be fine, and 3 if we need a second call, we might ask Ms. Stewart to do it. 4 Ms. Stewart was very busy during that time. I didn't 5 meet with her since we came back from the visit. So it was a 6 lot of negotiation going on about the calls, what to do with 7 them. 8 MS. BAKER: Your Honor, may we have an instruction 9 that Mr. Yousry's testimony about what other people said is 10 offered only for its effect on him. 11 THE COURT: Yes. 12 MR. RUHNKE: Agreed, your Honor, yes. 13 THE COURT: Ladies and gentlemen, the statements by 14 others that Mr. Yousry has testified to are not admitted for 15 the truth of any of the matters asserted but only for their 16 effect on Mr. Yousry's knowledge, intent and state of mind. 17 All right. 18 BY MR. RUHNKE: 19 Q. And staying with this conversation a minute, and you 20 referenced the fact Ms. Stewart was very busy. There was a 21 reference in the call that was played a day or two ago about 22 Ms. Stewart had been in Bombay on vacation. Do you remember 23 that? 24 A. Yes, I do remember that. 25 Q. What Bombay is it your understanding that they were talking SOUTHERN DISTRICT REPORTERS (212) 805-0300 9291 4biesat2 Yousry - direct 1 about? 2 A. It's Upstate New York. 3 Q. There's a town called Bombay, New York? 4 A. There's a town called Bombay upstate, yeah. 5 Q. And there's also in this call, which is in evidence, a 6 discussion of your efforts to get ahold of Ms. Stewart or to 7 speak with Ms. Stewart. Do you recall that part of the 8 conversation? 9 A. Yes, I do. 10 Q. And a reference to the call and Al-Hayat, what was that 11 about? 12 A. I know that Ms. Stewart was thinking of issuing some 13 release regarding her client, regarding his case, and I wanted 14 to provide Ms. Stewart with the rest of the notes that I had 15 from that visit. I wasn't able to. 16 Q. Did you ever -- and, again, to focus on the time period, 17 June 5, 2000, is this conversation. When had you last 18 physically visited Sheikh Rahman? 19 A. I believe it was May 20, 2000. 20 Q. And during that visit was there a discussion of the 21 Sheikh's view of the peace initiative? 22 A. Yes, there was. 23 Q. And between the visit on May 20 and the actual release of 24 the statement on June 13, 2000, did you have an opportunity to 25 meet with Ms. Stewart? SOUTHERN DISTRICT REPORTERS (212) 805-0300 9292 4biesat2 Yousry - direct 1 A. I believe we never met, no. We tried. We wanted to eat 2 fish but it didn't work out. 3 MR. RUHNKE: Your Honor, the next call is going to 4 require a little bit of setting up for a transcript. And this 5 would be a good time to have a break. 6 THE COURT: All right. Ladies and gentlemen, we'll 7 break for ten minutes. Please remember my continuing 8 instructions. Please, please, don't talk about this case at 9 all. Always remember to keep an open mind. 10 (Recess) 11 (Continued on next page) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS (212) 805-0300 9293 4biesat2 Yousry - direct 1 (In open court; jury not present) 2 THE COURT: Are we ready? 3 MR. RUHNKE: Yes, your Honor. 4 THE COURT: OK. Mr. Yousry is on the stand. 5 MR. RUHNKE: Your Honor, just for your information, 6 the next conversation is already in evidence as LS701T. It's 7 an English language conversation and we'll be playing audio and 8 displaying it as an aid to the transcript. I mean, it's LS701, 9 I guess, is the conversation. 701T is the transcript. 10 (Continued on next page) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS (212) 805-0300 9294 4biesat2 Yousry - direct 1 (In open court; jury present) 2 THE COURT: All right. Mr. Yousry is on the stand. 3 Mr. Fletcher? 4 THE DEPUTY CLERK: Mr. Yousry, you are reminded you 5 are still under oath. 6 THE WITNESS: Yes, sir. Thank you. 7 THE COURT: OK, Mr. Ruhnke. You may proceed. 8 MR. RUHNKE: Thank you, your Honor. 9 With the Court's permission, your Honor, we'd like to 10 display to the jury a document that's already been displayed to 11 the jury as an aid to the following English language 12 conversation, LS701T. And then we'd like to play the 13 underlying audio of 701T. It's in evidence. 14 THE COURT: All right. Ladies and gentlemen, you 15 should put your headphones on -- 16 MR. RUHNKE: Not yet, your Honor. I'm sorry. I'll 17 ask for the headphones, I want to ask a couple questions first. 18 Will you show it to the jury, please, show it to 19 everybody -- no, show all -- thank you. 20 MS. BAKER: Your Honor, even though this is not an 21 MY1700 series exhibit, we ask that it be subject to the same 22 limiting instruction. 23 THE COURT: All right. Ladies and gentlemen, the 24 transcript is an aid to your listening to the conversation, 25 which is an English conversation. And it's subject to the same SOUTHERN DISTRICT REPORTERS (212) 805-0300 9295 4biesat2 Yousry - direct 1 limiting instruction which I've previously given you, that 2 Mr. Yousry's statements are not admitted for their truth but 3 only as evidence to his knowledge, intent and state of mind. 4 And statements by others are not admitted for their truth but 5 only for their effect, if any, on Mr. Yousry's knowledge, 6 intent and state of mind. 7 MR. RUHNKE: May I proceed, your Honor. 8 THE COURT: Yes. 9 BY MR. RUHNKE: 10 Q. Mr. Yousry, can you see the date of this telephone call and 11 time? 12 A. Yes, I do. 13 Q. And what's the date and time? 14 A. It's June 16, 2000, at 8:57. 15 Q. In the morning? 16 A. Yes. 17 Q. And the participants in the call are you and Ms. Stewart? 18 A. Yes. 19 Q. And the date, June 16, 2000, how does that relate to the 20 Reuters interview? 21 A. I believe it's a couple of days after the Reuters 22 interview. 23 MR. RUHNKE: Your Honor, at this point I'd ask the 24 jury to put on its earphones. And we will play and display as 25 an aid this -- the transcript of this conversation. SOUTHERN DISTRICT REPORTERS (212) 805-0300 9296 4biesat2 Yousry - direct 1 THE COURT: All right. Ladies and gentlemen, put the 2 headphones on, dot facing out, turn them on. 3 MR. RUHNKE: Let me see if I can get it as large as I 4 can. 5 We're ready to proceed, your Honor. 6 THE COURT: All right. 7 (Exhibit LS701 was displayed and played for the jury) 8 MR. RUHNKE: Your Honor, could we just stop for a 9 second. 10 THE COURT: Stop. 11 MR. RUHNKE: I could not find page three. I'm sorry, 12 page four of the call. And now I have it. I apologize. 13 THE COURT: OK. 14 MR. RUHNKE: Could we back it up just a little bit? 15 We'll back it up, your Honor. 16 THE COURT: All right. 17 MR. RUHNKE: Now we're about in the middle of the page 18 that's on the screen, your Honor. 19 THE COURT: OK. Do you want to -- 20 MR. RUHNKE: Restart it. 21 THE COURT: The jurors can put their headphones on 22 again. Stop just a moment, please. 23 MR. RUHNKE: If we could just fast-forward a little 24 bit to where we broke. I'm sorry for the technical -- 25 THE COURT: No problem. SOUTHERN DISTRICT REPORTERS (212) 805-0300 9297 4biesat2 Yousry - direct 1 MR. RUHNKE: -- ineptitude. 2 THE COURT: No problem. 3 As I've told -- take your headphones off just for a 4 moment, ladies and gentlemen. There was a discontinuity 5 between the -- as you heard, between the tape and the 6 transcript that was on the screen. And now there is an effort 7 to try and coordinate where the audio is with the transcript on 8 the screen without going back to the beginning. 9 And as I've told you at other points in the trial, 10 there is a lot of technical equipment that is used in order to 11 present the evidence to you and to make it understandable for 12 you. And given the amount of technological equipment that is 13 used, we have technical glitches from time to time. They're no 14 one's fault and they don't affect anything that you do. And so 15 we just take a moment to work them out. 16 MR. RUHNKE: Could I just have a moment, your Honor. 17 THE COURT: Sure. 18 MR. RUHNKE: Your Honor, unfortunately the only way to 19 deal with it at this point is to start from the beginning 20 again. I'm sorry. 21 THE COURT: All right. 22 MR. RUHNKE: Let me just get the proper transcript on 23 the screen. 24 THE COURT: OK. So, do you want to go back to the 25 first page of the transcript? SOUTHERN DISTRICT REPORTERS (212) 805-0300 9298 4biesat2 Yousry - direct 1 MR. RUHNKE: Yes, your Honor. It's on the screen 2 right now. We're ready to start it again. 3 THE COURT: OK. And the jurors can put their 4 headphones back on. 5 (Exhibit LS701 was displayed and played for the jury) 6 MR. RUHNKE: We can take off our headsets, your Honor, 7 with the Court's permission. 8 BY MR. RUHNKE: 9 Q. Mr. Yousry, what is -- what prompted this telephone call? 10 A. I believe Ms. Stewart was calling me to find out if I have 11 the collection of Hadith, H-A-D-I-T-H, that her husband -- 12 MS. BAKER: Objection. Move to strike, hearsay. 13 Other person's state of mind. 14 THE COURT: Sustained. Stricken. 15 Q. What was the primary topic of this conversation, to your 16 recollection? 17 A. The primary topic was the news in the Arabic papers. 18 Q. Regarding what? 19 A. Regarding the press release that Ms. Stewart issued a few 20 days before. 21 Q. And was there also a discussion about something called the 22 Hadith? 23 A. Yes. 24 Q. What is or are the Hadith? Would you spell it, please. 25 A. Hadith, H-A-D-I-T-H. It's the sayings and the deeds of the SOUTHERN DISTRICT REPORTERS (212) 805-0300 9299 4biesat2 Yousry - direct 1 prophet of Islam. It's a collection within Muslim tradition, 2 collection of books. 3 Q. Now, how does that differ from the Koran? 4 A. The Koran are supposed to be the word of God, the Hadith, 5 deeds and the sayings of the prophets of Islam. 6 Q. And what was your understanding of what Ms. Stewart was 7 asking you to get? 8 A. She was asking me to get an English version of a specific 9 Hadith, probably her husband wanted to use in one of his 10 speeches and -- 11 MS. BAKER: Objection. 12 THE COURT: Sustained. 13 MS. BAKER: Move to strike. 14 THE COURT: Sustained. Stricken. 15 BY MR. RUHNKE: 16 Q. Whom did you understand it was for? 17 A. For Ms. Stewart's husband, Ralph. 18 Q. And did you have in your library a collection of the 19 Hadith? 20 A. I do have that and use it on a regular basis when I teach, 21 but I do not have an English translation of it. And I can't, 22 you know, just go to a volume and say, here it is. I don't 23 know how they are, you know, where they are inside the volumes, 24 you know. I have to -- takes a long time for me to find them. 25 Q. Mr. Yousry, do you have in your notebook in front of you SOUTHERN DISTRICT REPORTERS (212) 805-0300 9300 4biesat2 Yousry - direct 1 Defendants' Exhibit MY1714X, and would you look at that if you 2 have it. 3 A. Yes, I do. 4 Q. And with regard to Defendants' Exhibit MY1714X, have you 5 reviewed that under the same circumstances that you described 6 earlier for all of these 1700 series? 7 A. Yes, I did. 8 MR. RUHNKE: Your Honor, I offer MY1714X. 9 THE COURT: All right. And is this -- 10 MR. RUHNKE: Arabic. 11 THE COURT: Arabic, all right. MY1714X is received in 12 evidence. 13 (Defendant's Exhibit MY1714X received in evidence) 14 THE COURT: It's a transcript of an Arabic recording, 15 so it's admitted in evidence. And it's subject to the same 16 limiting instruction that the other recordings and transcripts 17 that I've given you, instruction I've given you in the MY1701 18 in the MY1730 series. OK. 19 MR. RUHNKE: And I'd like just now to display the 20 first page of that transcript to set the time. 21 BY MR. RUHNKE: 22 Q. Mr. Yousry, can you see the -- in front of you, in fact, 23 can you see that, the date of the call? 24 A. It's June 16, 2000. 25 Q. And the time of the call? SOUTHERN DISTRICT REPORTERS (212) 805-0300 9301 4biesat2 Yousry - direct 1 A. 9:00 a.m. in the morning. 2 Q. Do you recall how this relates to the call from Ms. Stewart 3 that we just heard? 4 A. Yes. 5 Q. How do they relate? 6 A. I was calling Mr. Sattar to ask him about those collection 7 of Hadith, in order to get them for Ms. Stewart's husband. 8 Q. And in terms of time, and how long after the call we just 9 heard in English does this call take place? 10 A. I believe within half hour or something like that. 11 MR. RUHNKE: And, your Honor, with permission, we'd 12 like to have Mr. Nepper and Mr. Fanjou read the parts of 13 Mr. Yousry, Mr. Sattar. I'll do the very brief attribution to 14 Lisa Sattar. 15 THE COURT: All right. 16 (At this point, Government Exhibit MY1714X, in 17 evidence, was displayed and read to the jury) 18 MR. RUHNKE: Your Honor, I seem to have the wrong call 19 on the screen. Let me go to the -- 20 THE COURT: OK, no problem. 21 MR. RUHNKE: Should be 1714X. If I said 1717X, I 22 apologize. Maybe I've got the wrong... 23 THE COURT: That's all right. Just take a moment. 24 MR. RUHNKE: Your Honor, Ms. Baker is kind enough to 25 lend us the correct copy. If we could start it again, and I SOUTHERN DISTRICT REPORTERS (212) 805-0300 9302 4biesat2 Yousry - direct 1 apologize again. This is 1714X. 2 THE COURT: All right. 3 (At this point, Government Exhibit MY1714X, in 4 evidence, was displayed and read to the jury) 5 BY MR. RUHNKE: 6 Q. Again, reflecting on that conversation, Mr. Yousry, which 7 is dated June 16, 2000, at 9:00 in the morning, the second 8 portion of the conversation makes reference to certain 9 statements on the Internet. What were you referring to? 10 A. I was referring to the statement that Mr. Sattar told me 11 the night before, that it was published in Al-Hayat newspaper 12 accusing him of being a CIA agent and somebody who does not say 13 the truth. 14 Q. And what did you propose to do with those Internet 15 statements? 16 A. Well, I thought it was going to be published in the paper, 17 but Mr. Sattar said no, it was not published in the actual 18 paper. It was only on the Internet edition. So I asked him if 19 he can fax it to me so I can update the lawyers so the lawyers 20 would know what's going on. And if they decide to read it to 21 the Sheikh, fine. If not, it's over. It's over. 22 Q. And at one point in the conversation you refer to people as 23 garbage? 24 A. Yes. 25 Q. Who were you making reference to in that call to SOUTHERN DISTRICT REPORTERS (212) 805-0300 9303 4biesat2 Yousry - direct 1 Mr. Sattar? 2 A. Basically the leaders of al-Gama'a al-Islamiyya, or the 3 movement on the whole as well. Because here he is, in my view 4 at the time was trying to do everything peaceful and anything 5 possible in order to raise the issue of the Sheikh's case 6 within the public eye. And he's being accused and being said, 7 you know, things -- a lot of harmful things about him. So I 8 thought that was, you know, under the belt. 9 Q. And did you later have a conversation with Sheikh Rahman 10 and Ms. Stewart regarding this -- these statements on the 11 Internet? 12 A. I believe the following call took place on the 28th, if I'm 13 not mistaken. 14 Q. Was that on June 20? 15 A. Yes. 16 Q. And during that conversation did the attorneys approve or 17 not approve of your reading the article? 18 A. Yes, it was approved. I believe various attorneys approved 19 it, not only Ms. Stewart. I think Ms. Stewart was in charge, 20 but there was a meeting before. And I believe Mr. Schilling 21 participated, if I'm not mistaken, or Mr. Jabara. So there was 22 a brief meeting before that call. 23 Q. And during that conversation, just to reprise a little bit, 24 what did the Sheikh do, if anything? 25 A. He decided to ask for permission to dictate a reply. And SOUTHERN DISTRICT REPORTERS (212) 805-0300 9304 4biesat2 Yousry - direct 1 he asked Ms. Stewart whether or not it would be a good idea for 2 Ms. Stewart to reissue a press conference in order to quiet 3 down all this controversy. 4 Q. And eventually what happened with those -- whatever it was 5 the Sheikh had dictated? First, did the attorneys or not 6 approve his dictating something? 7 A. Right, he -- after the -- Ms. Stewart approved him to 8 dictate, he -- the points he wanted, I took them down and I 9 translated to Ms. Stewart. She took some parts of them off and 10 she asked him to rephrase his wordings. 11 I believe after the meeting was over Mr. Sattar came 12 to the office, and I believe I made him a copy of that. And 13 Mr. Sattar was going to discuss it either with Ms. Stewart and 14 Mr. Clark or Mr. Jabara, I can't recall. I went home after 15 that so I didn't even know it had happened. 16 Q. Now, Mr. Yousry, in your book do you have -- what is the 17 next transcript, the next transcript that you have in your 18 book? Is it LS702T? 19 A. No, I have MY1716X. 20 Q. OK. 21 MR. RUHNKE: I don't want to mess up the numbers. Can 22 I just approach the witness for a minute, your Honor. 23 THE COURT: Yes. 24 MR. RUHNKE: Your Honor, I really apologize for this. 25 We could use five minutes just to figure out -- SOUTHERN DISTRICT REPORTERS (212) 805-0300 9305 4biesat2 Yousry - direct 1 THE COURT: Sure. No problem. Not a problem. 2 Ladies and gentlemen, we'll break for about five 3 minutes. Please remember my continuing instructions. Please 4 don't talk about the case at all. Always remember to keep an 5 open mind. 6 (Recess) 7 (Continued on next page) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS (212) 805-0300 9306 4biesat2 Yousry - direct 1 (In open court; jury not present) 2 THE COURT: Are we ready? 3 MR. RUHNKE: We're ready, your Honor. We're ready. 4 THE COURT: All right. 5 MR. RUHNKE: The next call is going to be an English 6 language call. It's already in evidence. There's an exhibit 7 in evidence, LS702X. We'll be following the transcript with 8 702X, LS702X. Again, it's an English language call. 9 THE COURT: And is the underlying recording in 10 somewhat -- 11 MR. RUHNKE: The underlying recording is in evidence, 12 your Honor. It was played during Ms. Stewart's case. And it's 13 an English language, entirely English language call. 14 THE COURT: And it wouldn't have been played, if it's 15 LS702? 16 MS. BAKER: Your Honor, I know it was on a CD that was 17 marked LS805. I don't know whether the audio file itself had a 18 particular number, but the CD that it was on was marked as 19 LS805. 20 MR. RUHNKE: And is in evidence, as I understand. 21 THE COURT: OK. So no one wants me to say anything to 22 the jury other than they can follow along with LS702X as an aid 23 to their listening? 24 MR. RUHNKE: Right. That the transcript is the aid. 25 (Continued on next page) SOUTHERN DISTRICT REPORTERS (212) 805-0300 9307 4biesat2 Yousry - direct 1 (In open court; jury present) 2 THE COURT: All right. Mr. Yousry is on the stand. 3 Mr. Fletcher? 4 THE DEPUTY CLERK: Mr. Yousry, you are reminded you 5 are still under oath. 6 THE WITNESS: Yes, sir. Thank you. 7 THE COURT: All right. Mr. Ruhnke, you may proceed. 8 MR. RUHNKE: Yes, your Honor. 9 Your Honor, next we propose to play for the jury an 10 English language telephone call that is in evidence. There is 11 a transcript that has been identified as an aid as LS702X. 12 If we could display the first page of that transcript, 13 your Honor, at this time. 14 THE COURT: All right. 15 BY MR. RUHNKE: 16 Q. And, Mr. Yousry, do you see the transcript that's on the 17 screen in front of you? 18 A. Yes, I do. 19 Q. And do you see the time and date of that call. Would you 20 read it to the jury 21 A. Yes, it's June 16, 2000, at 2:40 p.m. 22 Q. And the line ID in the upper left-hand corner, whose phone 23 number is that? 24 A. That is my phone number. 25 Q. And is this a call that you received or a call that you SOUTHERN DISTRICT REPORTERS (212) 805-0300 9308 4biesat2 Yousry - direct 1 placed? 2 A. It's a call that I received. 3 MR. RUHNKE: Your Honor, with permission, we'd now 4 like to ask the jurors to put on their headsets and to play the 5 corresponding English in LS702X as an aid to follow the 6 conversation. 7 THE COURT: All right. And, ladies and gentlemen, 8 this transcript is an aid to your listening to the recording, 9 which is in English. All right. 10 MS. BAKER: Your Honor, I'm sorry. If you would also 11 remind the jury that it's subject to the same limiting 12 instruction. 13 THE COURT: Yes. This is subject to the same 14 instruction I previously had given you that Mr. Yousry's 15 statements are not admitted for their truth but only as 16 evidence of his knowledge, intent and state of mind. And the 17 statements by others are not admitted for their truth but only 18 for their effect, if any, on Mr. Yousry's knowledge, intent and 19 state of mind 20 MR. RUHNKE: And may we play the call now. 21 THE COURT: All right. You can put on your 22 headphones, turn them on, dot out. 23 (At this point Exhibit LS702X was displayed and played 24 for the jury) 25 (Continued on next page) SOUTHERN DISTRICT REPORTERS (212) 805-0300 9309 4BI5SAT3 Yousry - direct 1 MR. RUHNKE: Your Honor, that completes that. 2 THE COURT: All right. Ladies and gentlemen, take the 3 headphones off and turn them off. 4 BY MR. RUHNKE:: 5 Q. Mr. Yousry, again reflecting the date of this telephone 6 call, which is June 16, 2000, again, what is the topic, the 7 main topic of discussion at this time regarding the Sheikh's 8 case? 9 A. Again, the topic was the newspapers in the Middle East. 10 Q. In the course of this conversation you mentioned to 11 Ms. Stewart that you told Mr. Sattar to take a couple of weeks 12 off or a few days off? 13 A. Right. 14 Q. What did you actually tell Mr. Sattar? 15 A. I was referring that the call that I had with Mr. Sattar 16 the night before and I was telling him things of, relating to 17 the, more things important in life than the Sheikh's case. You 18 should relax, forget about it. And I suggested that he can 19 take off, you know, a year or two, couple of days, couple of 20 weeks. Whatever it takes to relax and not be bothered by 21 what's going on. 22 Q. And, as a result of this call and as matters progressed, 23 did there come the phone call with Sheikh Rahman on June 20? 24 A. Yes. 25 Q. And was the same issue that we have heard about that was SOUTHERN DISTRICT REPORTERS (212) 805-0300 9310 4BI5SAT3 Yousry - direct 1 developed during the June 20 telephone call? 2 A. There was a second, yes. 3 Q. To your knowledge, was a change ever made in the peace 4 initiative? 5 A. No. Never. 6 Q. Do you have an exhibit in front of you marked 1717X? 7 A. I believe so, yes. 8 Q. Would you take out 1717X? 9 A. Yes. 10 Q. Do you see it? 11 A. I have it, yes. 12 Q. Did you review the contents of 1717X in the same 13 circumstances as you reviewed the earlier and subsequent 14 versions of the 1700 series? 15 A. Yes, I did. 16 MR. RUHNKE: I offer 1717X, your Honor, and seek 17 permission to read it to the jury. It is an Arabic call. 18 THE COURT: All right. MY-1717X received in evidence. 19 (Defendant's Exhibit MY-1717X received in evidence) 20 THE COURT: This is a transcript, ladies and 21 gentlemen, of an Arabic recording, so it is received in 22 evidence, and you should apply the same limiting instruction 23 that I have been giving you with respect to this series of 24 exhibits, MY-1701 through MY-1730. 25 All right. SOUTHERN DISTRICT REPORTERS (212) 805-0300 9311 4BI5SAT3 Yousry - direct 1 MR. RUHNKE: I would ask your Honor for the first page 2 of this transcript to be displayed so that we can set the time. 3 And I am also going to ask that Mr. Nepper and Mr. Fanjul read 4 the parts of Mr. Sattar and Mr. Yousry. 5 So, if we can have the first page of the transcript 6 displayed? 7 THE COURT: Yes. 8 Q. Mr. Yousry, can you see the date of this particular 9 telephone call? 10 A. Yes, I can. 11 Q. And that date is? 12 A. It's August 29th, 2000. 13 Q. And can you tell from the line ID, again in the upper 14 left-hand corner, whose phone number that call was made from? 15 A. It's my private line. 16 Q. Your home telephone? 17 A. The home phone. 18 MR. RUHNKE: Your Honor, with permission, we would 19 like to have the conversation read. 20 THE COURT: All right. 21 MR. RUHNKE: The excerpt read. 22 (Whereupon, Defendant's Exhibit MY-1717X, in evidence, 23 was displayed and read to the jury) 24 BY MR. RUHNKE:: 25 Q. This particular call, Mr. Yousry, do you see the references SOUTHERN DISTRICT REPORTERS (212) 805-0300 9312 4BI5SAT3 Yousry - direct 1 in the call? Do you see the references in the call to 2 something about the foreign news and the New York Times? 3 A. Yes, I did. 4 Q. What was that a reference to? 5 A. This was a reference to the decision that the lawyers took 6 during the phone call -- before the phone call started the day 7 before we got the new SAM that probably does not allow them to 8 read the newspaper to the Sheikh -- the foreign newspaper to 9 the Sheikh I mean. They instructed me not to do so. 10 So, I kept the newspapers in Arab language outside and 11 I just read to the Sheikh the English newspapers. 12 Q. Whose instructions were you following? 13 A. I believe it was either Mr. Clark, Mr. Schilling, or maybe 14 both of them. 15 Q. Did you read the document that you were referring to in the 16 phone conversation? Did you read it yourself? 17 A. No. They just told me that it's been -- there was some 18 changes and they believe in a couple of weeks they would be 19 able to clear up this matter but for now I do not have to read 20 the Arabic papers, so I filed them. 21 Q. During this whole period of time, during the winter and 22 summer of 2000, what was your point of view, if any, of the 23 opportunity to work on this case? 24 A. Basically I thought it was a good time for me to stop. 25 Ms. Stewart refused to sign the new SAMs, the lawyers SOUTHERN DISTRICT REPORTERS (212) 805-0300 9313 4BI5SAT3 Yousry - direct 1 were thinking of going to visit with the Sheikh to discuss that 2 matter with him and then they decided against that. Mr. Jabara 3 and Mr. Clark, they decided that Lynne should go, not them. 4 And they started some negotiation with the government 5 and I believe at some point at the end of the summer the 6 government cut off the calls completely because the lawyers 7 were not, did not reach an agreement with the government on the 8 new SAMs. 9 Mr. Clark didn't sign, Mr. Jabara didn't sign, 10 Mr. Schilling didn't sign, and Ms. Stewart had a representative 11 and she also refused to sign. 12 So, the whole thing was cut off and it was a good time 13 for me to push for a new replacement. 14 Q. Did you speak to any of the attorneys about, at that point, 15 saying whether you wanted to continue as the interpreter or not 16 continue as the interpreter? 17 A. I did. 18 Q. Whom did you speak with? 19 A. Mr. Clark, because he was in charge, primarily for the 20 appeal and negotiation with Egypt and all that stuff. So, I 21 spoke with him. 22 Q. What, if any reaction, did he have to what you told him? 23 A. He was very sympathetic and, you know, I knew Mr. Clark at 24 that time for a long period of time and if you just spent seven 25 minutes with Mr. Clark you come to love him and I spent seven SOUTHERN DISTRICT REPORTERS (212) 805-0300 9314 4BI5SAT3 Yousry - direct 1 years with him and all the other lawyers and they all needed my 2 help. 3 So, I kind of continued to work with the understanding 4 that if I can't come, I just can't come. 5 And they reduced the calls to once a week. 6 MR. RUHNKE: Your Honor, I am about to switch to a new 7 topic, I don't know when you want to have the jury take their 8 second break. 9 THE COURT: The jury has had a slight snack already. 10 Whatever convenient time that you wish to break is fine. 11 MR. RUHNKE: It's convenient now. I'm just wondering 12 how long a break we are having, your Honor. 13 THE COURT: It will not be terribly long break. So, 14 we will break now. 15 MR. RUHNKE: Fine. Ladies and gentlemen, please 16 remember my continuing instructions, don't talk about the case 17 at all, always remember to keep an open mind. 18 All rise, please. 19 (Continued on next page) 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS (212) 805-0300 9315 4BI5SAT3 Yousry - direct 1 (Jury not present) 2 THE COURT: Mr. Yousry may step down. 3 (Witness steps down) 4 THE COURT: This doesn't have to be a very, a long 5 break and you are welcome to take another break after we start 6 the next session before 2:00. 7 MR. RUHNKE: I was hoping to be able to go after this 8 break to the end of the day, but. 9 THE COURT: If you wish. 10 MR. RUHNKE: Whatever is preferable. How long should 11 we plan on right now, your Honor, for our information? 12 THE COURT: Probably about 10 minutes. 13 MR. RUHNKE: Okay, thank you. 14 (Recess) 15 THE COURT: Mr. Ruhnke, I may call a break if I see 16 that Mr. -- I may call a break if I see that Mr. Grate is here 17 with the checks for the jurors, but I would try not to 18 interrupt anything that's going on. 19 MR. RUHNKE: Your Honor, just for in terms of that 20 planning, the next thing we intend to do is discuss the October 21 6, 2000 fatwa, ghost-written fatwa, and read the transcript of 22 that call. The reading will probably last a half hour or more, 23 so that's what's coming up. 24 If you wish to interrupt the reading, as long as it 25 not in the middle of the Sheikh saying, 'It's none of your SOUTHERN DISTRICT REPORTERS (212) 805-0300 9316 4BI5SAT3 Yousry - direct 1 business,' we would be happy to interrupt for that as well. 2 THE COURT: All right, are you ready to proceed? 3 MR. RUHNKE: Yes, your Honor. 4 THE COURT: Let's bring in the jury. 5 (Continued on next page) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS (212) 805-0300 9317 4BI5SAT3 Yousry - direct 1 (Jury present) 2 THE COURT: Please be seated, all. Mr. Yousry is on 3 the stand. 4 Mr. Fletcher? 5 THE DEPUTY CLERK: Mr. Yousry, you are reminded you 6 are still under oath. 7 THE WITNESS: Yes, thank you. 8 THE COURT: Mr. Ruhnke, you may proceed. 9 MR. RUHNKE: Thank you. 10 BY MR. RUHNKE:: 11 Q. Mr. Yousry, I am now going to direct your attention to 12 October 6, 2000. 13 Do you recall whether there was a phone call from the 14 Sheikh on that date? 15 A. Yes, I do. 16 Q. And do you recall whether you participated in that 17 telephone call? 18 A. I did. 19 Q. Have you reviewed a transcript -- have you listened to the 20 Arabic of that call? 21 A. Yes, I did. 22 Q. And have you reviewed a transcript of that call? 23 A. Yes, I did. 24 Q. And does the transcript in the English language translation 25 contain on it everything that was on the full Arabic call? SOUTHERN DISTRICT REPORTERS (212) 805-0300 9318 4BI5SAT3 Yousry - direct 1 A. It does. 2 MR. RUHNKE: Your Honor, we would offer at this point 3 Defendant's Exhibit MY-1220, which is primarily an Arabic 4 conversation. I hear no objection. 5 THE COURT: All right, no objection. MY-1220 received 6 in evidence. 7 (Defendant's Exhibit MY-1220 received in evidence) 8 BY MR. RUHNKE:: 9 Q. Mr. Yousry, prior to this call had you had a conversation 10 with anyone prior to this call? 11 A. Yes. 12 Q. With whom did you have that conversation? 13 A. Mr. Sattar called me, actually, in the morning. 14 Q. And what, if anything, did Mr. Sattar say to you or ask you 15 to do? 16 A. Mr. Sattar -- it was a very brief conversation -- 17 Q. Mr. Yousry, can you just slow down a little bit? 18 A. Sure. 19 It was a very brief conversation. Mr. Sattar called 20 from work and he said that if I can buy the newspaper Asharq 21 al-Aswat newspapers. And I said all right and didn't think too 22 much of it because October 6 is the anniversary of the Yom 23 Kippur war. It is known in the Arab world as the Ramadan war. 24 So I thought there would be an article of that 25 anniversary or whatever, so that's basically -- I didn't SOUTHERN DISTRICT REPORTERS (212) 805-0300 9319 4BI5SAT3 Yousry - direct 1 inquire any further. I said sure. 2 Q. And prior to the call taking place, did you have any 3 discussion with anyone about the newspaper articles to read or 4 review? 5 A. I believe I went a little bit late to that call. Mr. Clark 6 took the call before me and the minute I arrived I think we 7 tried to put the client, Sheikh Omar Abdel Rahman on the 8 speaker phone and we got cut off. It took about -- 9 Q. What happened during the period of time that the call was 10 cut off? 11 A. It took about an -- I don't know, two, three minutes, four 12 minutes, probably, and I updated Mr. Clark about the Asharq 13 Aswat newspaper and I said there is nothing in it of any 14 substance. And I referred Mr. Clark's attention to an article 15 that was published in Al-Hayat newspaper inviting Muslims to 16 come together in solidarity. I believe that was the title of 17 it. And he approved me to read that article, so. 18 Q. And when you looked at that article, did you say, did you 19 notice anything about the article regarding anyone of 20 significance to this case? 21 A. When I started to read the article, actually, yes, I did. 22 Q. When you say you started to read the article, are you 23 referring to the actual phone call? 24 A. Yes. 25 Q. Prior to the phone call, had you seen anything in the SOUTHERN DISTRICT REPORTERS (212) 805-0300 9320 4BI5SAT3 Yousry - direct 1 article that related to anybody in connection with Sheikh 2 Rahman's case? 3 A. No. I was just giving Mr. Clark a summary of the headlines 4 and that's how we always do it. 5 MR. RUHNKE: Your Honor, at this time I would like to 6 display on the screen and read to the jury the telephone call 7 of October 6, 2000 and read it in its entirety. 8 THE COURT: All right. 9 MR. RUHNKE: Mr. Nepper will assume the role of 10 Mr. Yousry. I will assume the other roles. There is a few 11 other people including AT&T operator who comes on the line with 12 Mr. Clark briefly and then I will read the part of Omar Abdel 13 Rahman during the call. 14 May we have first page of the call displayed? 15 Q. Mr. Yousry, can you see that this is a call that took place 16 on October 6, 2000? 17 A. Yes, I can. 18 Q. And who are the participants -- Sheikh Rahman, Ramsey 19 Clark, yourself, prison guard, and Bob Schwartz who is Bob 20 Schwartz? 21 A. Bob Schwartz is a lawyer that works in Mr. Clark's office. 22 MR. RUHNKE: Your Honor, may we begin reading it and I 23 will start with the English language part? 24 THE COURT: Yes. 25 (Whereupon, Defendant's Exhibit MY 1220, in evidence, SOUTHERN DISTRICT REPORTERS (212) 805-0300 9321 4BI5SAT3 Yousry - direct 1 was displayed and read for the jury) 2 THE COURT: It's a long transcript so maybe we should 3 take a stretch break. 4 MR. RUHNKE: May I continue, your Honor? 5 THE COURT: Yes, please. 6 (Whereupon, Defendant's Exhibit MY 1220, in evidence, 7 was further displayed and read for 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 (212) 805-0300 9322 4biesat4 Yousry - direct 1 THE COURT: OK. Could we just break for about five 2 minutes at this point. 3 MR. RUHNKE: Yes, your Honor. 4 THE COURT: OK. Ladies and gentlemen, we'll take a 5 brief break. Please remember my continuing instructions not to 6 talk about the case. Keep an open mind. 7 (Continued on next page) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS (212) 805-0300 9323 4biesat4 Yousry - direct 1 (In open court; jury not present) 2 THE COURT: Mr. Yousry may step down. 3 As I mentioned, the jury administrator should be 4 there. See you shortly. 5 (Recess) 6 MR. RUHNKE: Your Honor, there are about another 7 eleven pages left of this transcript. I intend to, when we 8 finish that, ask Mr. Yousry a few questions about that, and if 9 we have time, to play a short English language segment. Then 10 I'd like to break for the weekend, if we even get that far. 11 THE COURT: All right. Let's bring in the jury. 12 (Continued on next page) 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS (212) 805-0300 9324 4biesat4 Yousry - direct 1 (In open court; jury present) 2 THE COURT: All right. Mr. Yousry is on the stand. 3 Mr. Fletcher? 4 THE DEPUTY CLERK: Mr. Yousry, you are reminded you 5 are still under oath. 6 THE WITNESS: Yes, sir. Thank you. 7 MR. RUHNKE: Your Honor, may we resume the reading. 8 THE COURT: Yes. 9 (At this point, Government Exhibit MY1220, in 10 evidence, was displayed and read to the jury) 11 MR. RUHNKE: And that's the end of the call. 12 THE COURT: All right. 13 BY MR. RUHNKE: 14 Q. Mr. Yousry, when you read the newspapers to Sheikh Rahman 15 on October 6, 2000, what were your expectations about coming 16 across an article that involved him? 17 A. I had no expectation of that at all. 18 Q. And what newspaper had Mr. Sattar asked you to buy in 19 particular? 20 A. Asharq Al-Awsat. 21 Q. And after looking through Asharq, did you see anything of 22 particular interest in that newspaper? 23 A. No. 24 Q. Where did the piece about Sheikh Rahman and the fatwah 25 appear? SOUTHERN DISTRICT REPORTERS (212) 805-0300 9325 4biesat4 Yousry - direct 1 A. In Al-Hayat newspaper. 2 Q. Do you recall what the headline was to that article? 3 A. I do, yes. 4 Q. What was it? 5 A. It was something like Muslim reaction to the current 6 events, Ali bin Hajj asked people to get together and perform 7 jihad, something like that. 8 Q. How did the text of the article relate to what was in the 9 headlines in the article? 10 A. The text of the article contained -- the last third of that 11 text contained news that was related to the heading. 12 Q. And what was the first part of the text in the article 13 about? 14 A. The first part of that text was the so-called fatwah by 15 Dr. Omar Abdel Rahman. 16 Q. And do you recall a few days later having a conversation 17 with Ms. Stewart about -- let me stop there. 18 During the conversation you make mention of the fact 19 that you're going to -- do you tell the Sheikh that you're 20 going to tell somebody about this? 21 A. Yes. 22 Q. And do you recall who you told the Sheikh you were going to 23 tell about this? 24 A. I told him I will tell Mr. Clark, because Mr. Clark was the 25 lawyer in charge. SOUTHERN DISTRICT REPORTERS (212) 805-0300 9326 4biesat4 Yousry - direct 1 Q. Was Mr. Clark physically in the room with you during this 2 entire conversation, do you recollect? 3 A. No. Mr. Clark, I believe, was across the hall. I was 4 sitting in Mr. Jabara's office. He was in the conference room, 5 so he was not in there. 6 Q. When was the first time you had the opportunity to tell 7 Mr. Clark about what you'd read in the Al-Hayat? 8 A. After it was over. 9 Q. I'm sorry? 10 A. Right after the call was over. 11 Q. And what was his reaction? 12 A. Well, both Mr. Clark and Mr. Schilling were not so 13 concerned about it. It is something that the lawyers usually 14 do, so they shouldn't worry about it. And he asked me to 15 update the other two lawyers, Mr. -- should I finish? 16 Q. Finish your answer. 17 A. The other two lawyers, Mr. Jabara and Ms. Stewart, he asked 18 me to do so. 19 MS. BAKER: Your Honor, I would ask for an instruction 20 that that's offered only for its effect on Mr. Yousry. 21 Q. And did you then -- 22 THE COURT: Whoa. All right, ladies and gentlemen. 23 What other people told Mr. Yousry is not admitted for the truth 24 of what they said but for its effect on Mr. Yousry for his 25 knowledge, intent, state of mind. SOUTHERN DISTRICT REPORTERS (212) 805-0300 9327 4biesat4 Yousry - direct 1 MR. RUHNKE: Your Honor, at this time I would like to 2 display to the jury Government Exhibit 1193X, which is an 3 English language conversation. It has already -- which is an 4 excerpt of an English language conversation dated October 11, 5 2000, involving Mr. Yousry and Ms. Stewart and play a portion 6 of the English language conversation. That's already in 7 evidence. 8 THE COURT: All right. 9 MR. RUHNKE: Could we just see the relevant section of 10 the article. 11 Just so your Honor knows and the jury knows, for some 12 reason we can't make this particular page very large, but it's 13 only one or two pages. And the call is in English. 14 May we play the second tape. 15 THE COURT: Wait one moment. This is -- are you going 16 to go to the first page to say what date it is and -- 17 MR. RUHNKE: Yes. The first page now being displayed 18 on the screen is -- it's October 11, 2000. The time is not 19 directly on there, but I can figure it out from the -- it's at 20 9:05 in the morning of October 11, 2000, based on the signal 21 information on the audio file name. 22 THE COURT: All right. 23 MR. RUHNKE: And we're going to begin at line 15 of 24 page 2 of that call. 25 THE COURT: All right. And you're going to play the SOUTHERN DISTRICT REPORTERS (212) 805-0300 9328 4biesat4 Yousry - direct 1 call? 2 MR. RUHNKE: We're going to play the call as soon as 3 your Honor says that's appropriate. 4 THE COURT: OK. Ladies and gentlemen -- 5 MR. RUHNKE: Actually line four we're starting at. 6 THE COURT: Ladies and gentlemen, you can put your 7 headphones on, and the exhibit is an aid to your listening to 8 the conversation. 9 (At this point Exhibit 1193X was displayed and played 10 for the jury) 11 MR. RUHNKE: Stop the segment at that point. Just one 12 final question before the break. 13 BY MR. RUHNKE: 14 Q. Mr. Yousry, during this entire 25- or 30-minute 15 conversation, you and Mr. Rahman were conversing in -- Sheikh 16 Rahman were conversing in what language? 17 THE COURT: I'm sorry. Keep your voice up. 18 Q. You and Sheikh Rahman were conversing in what language? 19 A. The Arabic language. 20 Q. You were conversing in the Arabic language? 21 A. Yes, we were. 22 Q. And during the conversation is there any point where 23 Mr. Clark comes into the conversation that you can recall -- 24 A. No. 25 Q. -- and asked you to interpret? SOUTHERN DISTRICT REPORTERS (212) 805-0300 9329 4biesat4 Yousry - direct 1 A. No. 2 Q. Do you remember what kinds of things you talked about 3 during that conversation? 4 A. Yes, I do. 5 Q. Did you talk about chocolates? 6 A. Yes, we -- 7 Q. Did you talk about your -- 8 A. Some chocolates. 9 MS. BAKER: Objection, leading. 10 THE COURT: Sustained. 11 A. We talked about -- 12 THE COURT: There was an objection to the question 13 that was sustained. 14 So rephrase the question. 15 Q. And to your knowledge does Mr. Clark speak Arabic? 16 A. No, Mr. Clark does not speak Arabic. 17 Q. If you had wanted to pass messages to the Sheikh or receive 18 secret messages from the Sheikh during that 25 minutes, was 19 there any way Mr. Clark would have known what was going on? 20 MS. BAKER: Objection. 21 THE COURT: Sustained. 22 MR. RUHNKE: No further questions, your Honor. I have 23 no further questions for today. 24 THE COURT: OK. All right. Ladies and gentlemen, 25 we're breaking for the day and for the week. And we'll resume SOUTHERN DISTRICT REPORTERS (212) 805-0300 9330 4biesat4 Yousry - direct 1 on Monday at 9:30. 2 It's very important, ladies and gentlemen, that you 3 continue to follow my instructions. Please, please, please, 4 don't talk about this case at all or anything to do with it. 5 Please, always, don't look at or listen to anything to do with 6 the case. If you should see or hear something inadvertently, 7 please, simply turn away. Don't look at or listen to anything 8 to do with the case. 9 Always remember to keep an open mind until you've 10 heard all of the evidence, I've advised you on the law and 11 you've gone to the jury room to begin your deliberations. 12 Fairness and justice to the parties requires that you do that. 13 With that, have a very good weekend. And I look 14 forward to seeing you on Monday at 9:30. 15 (Continued on next page) 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS (212) 805-0300 9331 4biesat4 Yousry - direct 1 (In open court; jury not present) 2 THE COURT: Mr. Yousry may step down. 3 Please be seated, all. 4 All right. Anything further? 5 MR. RUHNKE: Your Honor, I just had one scheduling 6 request, and that is I'm going to be primarily responsible for 7 our team for filing any additional charge requests. And I'm 8 wondering if I could have until the end of the day to do that 9 instead of writing. It will not be extensive. 10 THE COURT: I'll give you until Monday. 11 MR. RUHNKE: I'll take Monday and sit down. 12 THE COURT: I'd be happy to have them on Saturday. 13 MR. RUHNKE: Thank you. 14 THE COURT: I did give you until Monday or Tuesday for 15 that. 16 MR. RUHNKE: Thank you. 17 THE COURT: All right. Please be here at 9:00 on 18 Monday. 19 (Adjourned to Monday, November 22, 2004, at 9:00 a.m.) 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS (212) 805-0300 9332 1 INDEX OF EXAMINATION 2 Examination of: Page 3 MOHAMMED YOUSRY 4 Direct By Mr. Ruhnke: . . . . . . . . . . . 9275 5 DEFENDANT EXHIBITS 6 Exhibit No. Received 7 MY-stip 6 . . . . . . . . . . . . . . . . 9278 8 MY 1707X, . . . . . . . . . . . . . . . 9281 9 MY1710X . . . . . . . . . . . . . . . . . 9288 10 MY1714X . . . . . . . . . . . . . . . . . 9300 11 MY-1717X . . . . . . . . . . . . . . . . 9310 12 MY-1220 . . . . . . . . . . . . . . . . . 9318 13 14 15 16 17 18 19 20 21 22 23 24 25 SOUTHERN DISTRICT REPORTERS (212) 805-0300