13007 528esat1 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 February 8, 2005 8 9:15 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 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 13008 528esat1 1 (Trial continuing) 2 (In open court; jury not present) 3 2 Okay. Anything else? 3 MR. TIGAR: Yes, your Honor. I'd like to pass up an 4 item that was taped to Ms. Stewart's front door of her home 5 this morning and ask that it be marked as a court exhibit. 6 Here's a copy for the government. 7 May I hand it to Mr. Fletcher, your Honor. 8 THE COURT: Sure. 9 MR. TIGAR: We ask that it be marked as a court 10 exhibit. I don't know that there's any action -- 11 THE COURT: Hold on one moment. 12 All right. Before we continue with this, when 13 Mr. Fletcher was leaving yesterday, he saw some vans, doesn't 14 know if they were our vans, and there was some cameramen 15 outside waving good-bye or something. Now, I leave that -- I 16 mean, the marshals now accompany our vans, and I know that 17 there are other cases around the courthouse. Whether they also 18 involve vans or not, I don't know. But I just report that to 19 you. 20 Now, I'll mark this as 142. The note, first of all, 21 was it taped to the office door or? 22 MR. TIGAR: To the front door of her home, your Honor. 23 Someone had to come inside the fenced area and go up to her 24 front door and tape it on there. 25 THE COURT: Do you want the government to investigate? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 13010 528esat1 1 I mean, I -- 2 MR. TIGAR: No, your Honor. At this point I think 3 that there would be a reason for the marshals to be aware, 4 though, the interest of this group with respect to people, 5 because there are people connected to the case here leaving the 6 courthouse. We're going to go on the website and look into 7 this organization. 8 We think we know who it is and really don't think 9 there's any further need at this time to take any additional 10 steps. The note has been handled so many times that I doubt 11 there are usable fingerprints on the original at this point in 12 any case. 13 THE COURT: Well, I'll mark this as a court exhibit 14 and I'll give it -- I'll give a copy to the marshals. And I 15 know you're not asking for any follow-up at this point, but -- 16 all right, Ms. Shellow Lavine. Do you have an extra copy for 17 the marshals? 18 MS. SHELLOW-LAVINE: Yes, I've provided an extra copy 19 to the marshal. 20 MR. TIGAR: Your Honor, the website of this 21 organization has long apparently been carrying items related to 22 this case, including recently hyping the Newark allegations and 23 putting them on the website -- Jersey City allegations and 24 putting them on the website. So we don't think there's any 25 further need for action at this time. This is a known quantity SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 13011 528esat1 1 so far as we're concerned. 2 THE COURT: All right. Well, this will be marked as a 3 court exhibit. 4 MR. TIGAR: We're not making light, your Honor. The 5 website does have a sense of humor. It refers to 6 Ms. Stewart -- I'll just read it out because people have been 7 laughing. Lynne Stewart, greatest argument for the Burka. 8 THE COURT: I know I hadn't appreciated that there 9 was -- frankly, that there was any mirth. And I don't take 10 something like that lightly. 11 MR. TIGAR: Neither do we, your Honor. We do take it 12 very seriously. I was just attempting to explain what your 13 Honor may have been observing, and we'll continue looking into 14 it. As we say, the government, of course, can make its own 15 independent decision what, if anything, it wants to do. We're 16 not asking for action at this time. 17 THE COURT: All right. The marshals should assure 18 that the spaces around the courthouse for demonstrations, both 19 for and against anyone, should be sufficiently kept away. I 20 mean, there should be sufficient distance. And it's good for 21 the marshals to know about this in terms of whatever decisions 22 they make about how the vans go. 23 All right. There was another issue which was the 24 marshals' original -- his cell phone, the original of the 25 juror's voicemail would be on there. But -- SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 13012 528esat1 1 MR. TIGAR: Speaking for the Stewart defense, your 2 Honor, we're happy that the tape-recording has been made, a 3 transcript has been made and at this point we have no further 4 application. And certainly we'll not have any application to 5 preclude the normal operation of Marshal Donnelly's cell phone. 6 If that message goes away or he wants to make it go away, 7 that's fine with us. 8 THE COURT: Okay. Before I seal the two tapes, did 9 anyone want to listen to those tapes? 10 MR. PAUL: No, your Honor. 11 MR. RUHNKE: No. Thank you. 12 MS. SHELLOW-LAVINE: No, your Honor. 13 THE COURT: Okay. Anything else this morning? See 14 you all later. 15 (Recess pending verdict) 16 THE COURT: All right. Good afternoon, all. 17 Mr. Grate has the checks for the jurors. And unless 18 there is an objection, I thought that what we should do is give 19 the -- have Mr. Grate give the checks to the marshal and have 20 the marshal give the checks to the jurors at the lunch hour 21 when they get their lunch -- Mr. Fletcher advises that lunch is 22 here now -- because there's going to be a break in 23 deliberations at that point in any event. 24 MR. RUHNKE: Makes sense, your Honor. Yes. We agree. 25 THE COURT: The last time I waited until the end of SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 13013 528esat1 1 the day and it was not ... 2 All right. So the marshals can give the checks to the 3 jurors. And then since the lunch is here, we'll hold any notes 4 for an hour. 5 MR. RUHNKE: 1:30, your Honor? 6 THE COURT: 1:30. 7 MS. SHELLOW-LAVINE: Thank you, your Honor. 8 (Luncheon adjournment) 9 (Continued on next page) SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 13014 528esat1 1 AFTERNOON SESSION 2 1:53 p.m. 3 (In robing room) 4 THE COURT: I have Mr. Tigar's letter dated 5 February 8th and it's not filed under seal. Did you want it 6 under seal? 7 MR. TIGAR: We had not, your Honor, and the reason was 8 Mr. Habib went off to listen to the note and then it was 9 pressed in the New York Times. Went off and listened to the 10 note and actually found out about the content of it from her 11 first. 12 THE COURT: Should we do this in open court? 13 MR. TIGAR: I don't see any reason why not. It's 14 already out there. And, your Honor, these leaflets are 15 appearing all over Pearl Street opposite the courthouse here in 16 addition to the ones I mentioned that were -- they're taped to 17 poles and things between the two courthouses. 18 THE COURT: I have two juror notes which I'll read in 19 open court, though I will not read the juror numbers. The 20 juror notes indicate that two individual jurors either need to 21 speak to me or would like to see me. I have to deal with 22 those. 23 MR. PAUL: Sorry, Judge, it does not indicate the 24 numbers? 25 THE COURT: It does. I just was not going to read it SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 13015 528esat1 1 in open court. The parties are welcome to inspect the notes, 2 and I'll read them in open court. 3 First note says, juror, number, needs to speak to you. 4 And the second one says Juror No. blank would like to 5 see you. And the parties agree that I should see the jurors in 6 the robing room? 7 MR. RUHNKE: Yes, your Honor. 8 MR. PAUL: Yes, your Honor. 9 THE COURT: With -- yes. 10 MR. TIGAR: Your Honor, I should also tell the Court, 11 we have informed Mr. Donnelly of the facts that are in the 12 letter and also the -- these other leaflets are being brought 13 in by media people as they come into court. That's another 14 reason we didn't think sealing was practical. 15 THE COURT: Fine. Government? 16 MS. BAKER: I'm sorry, your Honor. Was your question 17 about sealing? We don't believe there's any basis to seal. 18 THE COURT: Okay. Let's -- I've got to deal with the 19 juror notes quickly. 20 (In open court; jury not present) 21 THE COURT: All right. I have Mr. Tigar's 22 February 8th letter, which indicates -- which discusses a 23 recorded message and the distribution of leaflets around the 24 courthouse. 25 Now, I also have two juror notes, which the parties SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 13016 528esat1 1 are welcome to inspect. The first is -- and both of them are 2 at 1:30. The first is 8 February, '05. Judge Koeltl, juror, 3 number, and then it states the juror number, needs to speak to 4 you. And it's signed by the foreperson, the number of the 5 foreperson. 6 The second one, February 8th, '05, Judge Koeltl, 7 Juror No. -- gives the number -- would like to see you. That's 8 also signed by the foreperson's number. 9 Now, when I talk to deliberating jurors, I do that 10 with great care making sure that the jurors don't tell me 11 anything about the case. The parties can be there but I do 12 that in the robing room. Parties are welcome to inspect these 13 notes. I don't know obviously what the jurors have to say to 14 me, and I'll listen. 15 With respect to this note, this letter from Mr. Tigar, 16 I'll listen to the parties, of course. The marshal is here. 17 Did you give a copy of the letter to the marshal? 18 MR. TIGAR: Yes, your Honor. We'd given a copy to the 19 marshal. Mr. Habib is in court with the recording. 20 And as I think we discussed in the robing room, we 21 thoroughly understand the need to deal with the requests of 22 deliberating jurors before we address this matter, your Honor. 23 THE COURT: Okay. My initial reactions on the letter, 24 and I'll listen further, is that the marshals have to be aware 25 of this as part of their responsibilities to assure that they SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 13017 528esat1 1 both protect the jurors and assure that there are no outside 2 influences on the jurors. 3 And the second issue then is the investigation of 4 those who were responsible for this. And I'll listen to the 5 parties further on that after I talk to the jurors. Okay. 6 (Pages 13018 through 13038 sealed by order of the 7 Court) 8 SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 13039 528esat1 1 (In open court; jury not present) 2 THE COURT: All right. I wanted to follow up on 3 Mr. Tigar's letter. 4 The letter's been provided to the marshals so that the 5 marshal's aware of the situation in connection with assuring 6 that the jurors are shielded from any improper influence. 7 The second issue then is, in my mind, the follow-up 8 investigation, because of the law enforcement concerns raised 9 by the situation. 10 MR. TIGAR: Yes, your Honor. Since writing the 11 letter, folks have brought in to us more copies of this small 12 leaflet that is marked as a court exhibit this morning. These 13 copies that we have were taped using the same kind of plastic 14 tape that was used to fasten the leaflet to Ms. Stewart's house 15 door. And they were taped along the Pearl Street area between 16 the Foley Square courthouse and the district court, Pearl 17 Street courthouse, and around the side of where one would go to 18 go over to St. Andrews Place. In addition, they were out on 19 the street by 60 Centre Street and all the way up to 100 Centre 20 Street. 21 One concrete suggestion is that there are surveillance 22 cameras that protect the precincts of the federal and state 23 courts that are in operation and that record. It should be 24 fairly simple to review those tapes and see who it is that was 25 putting these things up. That's a step that I would SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 13040 528esat1 1 respectfully request be taken immediately. 2 Again, we're not saying there should be any particular 3 kind of investigation. It's not our job to direct one. That 4 immediate step relates to the Court's own control over the 5 security of its processes, because obviously the behavior could 6 be construed as falling within the relatively narrow confines 7 of 18 United States Code, Section 401, because it is 8 misbehavior so near thereto as to obstruct the due 9 administration. And that is a provision of law that has 10 historically permitted judicial branch initiation as well as 11 executive branch initiation of formal proceedings. 12 Beyond that, your Honor, we appreciate that the Court 13 has asked the marshal service to continue to be vigilant as it 14 has been vigilant. And we will report to the Court any 15 additional information that we have. 16 As the letter says, we think that it is on balance -- 17 and this is a difficult decision for us -- unwise to seek 18 inquiry of the jurors, because that simply suggests a situation 19 or a concern that might be raised by the inquiry. So that's 20 the reason that our letter was not so definite. 21 I understand that the government's position is that 22 it and not the judicial branch is responsible for what 23 investigations will take place. So be it. But at the very 24 least I've seen the surveillance cameras, and we would think 25 that those surveillance tapes ought to be preserved. And if SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 13041 528esat1 1 the marshal has a cooperative arrangement with the state court 2 personnel that are monitoring this court, those as well might 3 provide some... 4 THE COURT: Well, the marshal should at least make 5 sure that -- the marshal's aware of the situation, that the 6 jurors and that the vans are safe from this sort of thing. 7 Does the government want to be heard on this? 8 MS. BAKER: Your Honor, it seems to the government 9 that what has occurred here, which is that some unidentified 10 people put up some leaflets in public street areas somewhat 11 near the courthouses, that's the conduct here. It seems to us 12 that that is conduct protected by the First Amendment, and that 13 it is essentially the same conduct that has occurred on 14 repeated -- 15 (Pause) 16 THE COURT: Um -- go ahead, Ms. Baker. 17 MS. BAKER: It is essentially the same conduct that 18 has occurred on repeated occasions earlier in the trial in 19 favor of Ms. Stewart, in that on earlier occasions there have 20 been people holding signs, expressing their support for 21 Ms. Stewart outside the courthouses in that same general 22 vicinity. 23 And so to us, these -- this is just another situation 24 of the same type of conduct that is able to occur in public 25 spaces in connection with any trial where any members of the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 13042 528esat1 1 public have a view in favor of or against any party in a public 2 proceeding. And so we don't believe that there is any criminal 3 activity that has occurred that could form the basis for any 4 sort of criminal investigation. 5 And Mr. Tigar's reference to 18 U.S.C. Section 401, 6 it's my understanding that that is the contempt statute. And I 7 don't see how this conduct could constitute any form of 8 contempt, given that there wasn't any type of order or 9 directive of the Court that was violated by the conduct based 10 on the knowledge that we have of what has occurred. 11 So we agree that obviously the marshals should be 12 vigilant so that the jury in this case can reach their verdict 13 based solely on the evidence and the law and free from any 14 outside influence. But we don't believe that at this point in 15 time there is any basis for anything else to be done. 16 MR. TIGAR: If your Honor please, may I respond. 17 The government's position is -- perhaps misapprehends 18 the factual showing. The factual showing is that this group, 19 in addition to putting up a leaflet, which I'll get to, has put 20 out a message saying that they're going to put Lynne Stewart 21 out of business, drive her out of the state, and that they 22 admit that they have reached out to the jurors, apparently, and 23 say that what's been done. It's ambiguous whether they intend 24 to do it or have done it, but that's what they say they're 25 going to do. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 13043 528esat1 1 And, your Honor, they tell a lie, demonstrable lie 2 about what the charges are in this case. Now, false speech can 3 contribute as much to public discourse as true speech perhaps, 4 but the fact is it's coupled with specific threats to 5 Ms. Stewart, who has taken great care to maintain her privacy. 6 That's what's going on here. 7 I was not suggesting that posting a leaflet outside 8 the court would be illegal, but only that the surveillance 9 tapes might help us find out who posted this murderous threat 10 and this threat to the administration of justice. 11 Second, your Honor, the contempt statute doesn't just 12 relate to disobedience or resistance. The part I was 13 discussing was 401(1). It's existed ever since the 14 recodification in the wake of the failed impeachment of Judge 15 Peck. And it means what it means. And it has had this 16 historic meaning since the middle of the 19th century. 17 With respect to the First Amendment issue, Cox vs. 18 Louisiana. 19 THE COURT: Ms. Baker, the situation is one of 20 concern. I did not need defense counsel, actually, to point 21 out that the distinctions between simply the leaflets and the 22 content of the letter was the voicemail, which identifies an 23 address; allegations about posting on the defendant's home, 24 coupled with what appears to be an invitation to reach out to 25 the jurors, which goes beyond simply posting. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 13044 528esat1 1 MS. BAKER: Your Honor, I do want to address those 2 points separately because I do think they are separate. 3 The recorded voicemail message, which one would only 4 hear if one called the number on the leaflets -- and I want to 5 pause there to say, there is no basis to believe that any juror 6 in this case has seen a leaflet. And certainly if any juror -- 7 THE COURT: I agree with that completely. 8 MS. BAKER: And -- 9 THE COURT: Hold on. I'm sorry to interrupt you in 10 the same way that I didn't need defense counsel to point out 11 that significant parts of the attached voicemail. 12 I began by saying, I believe, that it was important 13 that this be brought to the marshal's attention so that the 14 marshal could assure that the jurors are protected. And the 15 process by which the jurors are protected would indicate that 16 there is no reason to believe that they have been affected in 17 any way by this. 18 MS. BAKER: And just to elaborate on that point a 19 little bit, in the exceedingly unlikely event that any juror 20 were somehow to come in contact with a leaflet, of course in 21 light of all of your Honor's repeated instructions to the jury, 22 there is simply no reason to think that any juror would call 23 the telephone number on the leaflet and thereby be exposed to 24 the content of the voicemail message. 25 So with respect to any potential effect on the jury in SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 13045 528esat1 1 this case, that was the perspective from which I was speaking 2 when I said earlier that what has happened is the posting of 3 leaflets in public areas. There is just no reason to believe 4 that the jurors have seen the leaflets, and certainly no reason 5 to believe that any juror knows anything about the content of 6 the voicemail message. And so it was from that perspective 7 that I was framing the issue earlier. 8 From the separate issue of, is there anything -- I'm 9 sorry. Before I move on, let me just pause to say, we don't 10 construe the content of the recorded message the way Mr. Tigar 11 does with respect to that ambiguous sentence in the middle 12 paragraph of the transcript. It says, part of the campaign, 13 quote, is to hopefully make sure that she is convicted, to 14 reach out so the jurors understand what she is and that's been 15 done, as well as spread the message far and wide. 16 We interpret that to believe -- to mean, or at 17 least we think it's at least equally susceptible to the 18 interpretation, that the reaching out is the posting of these 19 fliers. I mean, it is entirely possible that whoever is 20 involved in doing this doesn't know that this jury doesn't go 21 out to lunch in the areas outside the courthouse. And they may 22 think that by posting these fliers in a public area, that 23 someone could have seen them. 24 There is no reason to believe that any action has been 25 taken, other than the posting of the fliers, that would in any SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 13046 528esat1 1 way constitute any type of reaching out to the jurors. And 2 because of the protections that the jurors in the case are 3 under, it's really not plausible that there could be any 4 successful contact to the jurors or attempt to influence them 5 in any way. So that is our view of the facts from the 6 perspective of the jury. 7 If your Honor is concerned from the separate 8 perspective of Ms. Stewart, and the impact of what has gone on 9 here with respect to Ms. Stewart, that her address is contained 10 in the voicemail message or that this was posted on her door, 11 if the Court feels that that information merits further 12 inquiry, I am not aware that there is a federal crime there to 13 be investigated. 14 And I don't know what, if any, supervisory authority 15 the Court has in that regard, but I'm not aware of a federal 16 crime that has occurred. And if there is a potential that this 17 is some form of harassment or something along those lines, then 18 it would seem to us that this is a matter appropriately 19 referred to the police. 20 THE COURT: Ms. Baker, consult with others -- the -- 21 the troubling aspects of the message are the ones which I've 22 already laid out. 23 And in particular, however it's parsed, the suggestion 24 that in some way there should be some effort to reach out to 25 the jurors, if that's simply First Amendment holding up signs, SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 13047 528esat1 1 the jurors -- it is at least something to be considered as to 2 what the import of this is. And I don't know the degree to 3 which up until now a defendant's address has been a matter of 4 public record and -- but this is the first time this sort of 5 thing is brought to my attention. It does warrant inquiry. 6 My responsibility is to assure that the trial is a 7 fair trial, that the jurors are not influenced, that the jurors 8 are protected. There are other concerns raised by the letter, 9 which is why I -- I've said first that based upon everything 10 that's before me, there's no reason to believe that any of this 11 has affected or could affect these jurors in any way. The 12 defendants are not looking for any investigation of that, and 13 there is no basis to seek such an investigation. 14 But there are law enforcement concerns, which is why I 15 pass those on to the government. I don't treat this lightly, 16 as I said the first time that this came up this morning. And 17 so I pass that on to you. 18 I have another note from the jury. It's Court 19 Exhibit 144. The parties are welcome to inspect. It says, 20 Judge Koeltl, Juror -- and identifies the juror by number -- 21 needs to be at the hospital Friday, February 18th, 19th, 20th. 22 She just wants to let you know. Juror No. -- and gives the 23 juror number -- needs to be off February 17th. And it's signed 24 by the foreperson's number. 25 MR. TIGAR: Your Honor, we had requested a direction SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 13048 528esat1 1 to the marshal service to preserve a the surveillance tape. 2 Your Honor, that's a well-established law enforcement technique 3 where there's been conduct in or near a federal courthouse that 4 is simply to be investigated. And the fact that they either 5 are or are not saved has turned out to be important. 6 THE COURT: Well, the marshal and the government can 7 take that into account. I'm not going to require that that be 8 done. I have no idea what the processes are. 9 MR. TIGAR: Thanks, your Honor. 10 And I would have a legal analysis contrary to that 11 expressed by Ms. Baker, but I forebear in mentioning it. I 12 don't think it's relevant to the disposition of the issues that 13 are immediately before your Honor. 14 But if the government would like to know how the 15 Department of Justice has dealt with these issues in the past, 16 I'd be happy to tell them. 17 (A note was received. Time noted: 4:09 p.m.) 18 THE COURT: All right. I have a note from the jury. 19 It's marked as Court Exhibit 146. Judge Koeltl, the jury will 20 end deliberations at 4:15 p.m. 21 The parties are -- signed the foreperson's number. 22 The parties are welcome to inspect. 23 MS. BAKER: Your Honor, just a technical matter about 24 the record. LiveNote indicates that the previous note, which 25 identified some juror scheduling issues, was marked as Court SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 13049 528esat1 1 Exhibit 144. And your Honor just said that this was 146. Are 2 those numbers correct? 3 THE COURT: The note about the juror's schedule should 4 be 145. 5 MS. BAKER: Thank you. 6 THE COURT: Thank you. Mr. Fletcher will correct it. 7 I don't see a reason that I should send another to the jury, 8 I'll just bring them in at 4:15. 9 MR. RUHNKE: Yes, your Honor. 10 (Pause) 11 THE COURT: Let's bring in the jury whenever the 12 marshal -- all right. 13 (Continued on next page) SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 13050 528esat1 1 (In open court; jury present) 2 THE COURT: Good afternoon, ladies and gentlemen. 3 Good to see you all. 4 Ladies and gentlemen, you've indicated that you wanted 5 to break at 4:15, and so I called you in and you may break for 6 the day. 7 Please remember to follow all of my instructions. 8 Please don't talk about this case at all, when you go home or 9 in the vans. Don't talk about it with anyone else, when you're 10 at home or otherwise. Don't talk about it when you come back 11 tomorrow. Don't talk about it until all 12 of you are together 12 and the foreperson advises us by note that you're ready to 13 continue deliberations, and then you can continue to 14 deliberate. You don't have to come back into the courtroom. 15 Remember, don't look at or listen to anything to do 16 with the case. If you should see or hear something 17 inadvertently, please, simply turn away. Remember to leave 18 everything about the case in the jury room; notes, exhibits, 19 anything to do with the case, leave in the jury room. 20 Have a very good evening, and I look forward to seeing 21 you tomorrow. 22 (Jury excused) 23 THE COURT: See you all tomorrow at 9:15. Have a good 24 evening. 25 (Adjourned to Wednesday, February 9, 2005, at 9:15 a.m.) SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 [Wednesday, February 9, 2005] MR. TIGAR: Your Honor, while the parties are looking 23 for those, I'd like to hand up to the Court and ask it be 24 marked as a court exhibit a piece of paper in which I stuck 25 three stickers that were in a phone booth just across the SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 13088 529esat1 1 street from the courthouse; more from the JDO with a specific 2 reference to the Trade Center. 3 We'd ask that be marked next in order. I'm not asking 4 for any action to be taken at this time. I have provided a 5 copy to Mr. Donnelly, who has made a copy for his purposes. 6 MS. BAKER: Your Honor, the government has not 7 received a copy, and we would ask that we be provided with one. 8 THE COURT: Well, before I take it, let me give it to 9 the government. 10 MR. TIGAR: That's the only copy I have. We'll have 11 to make a copy. 12 MS. BAKER: Your Honor, we have reviewed it and they 13 say the same thing as the fliers that Mr. Tigar presented to 14 the court yesterday. So we have no objection to the Court 15 having it, even though we don't have a photocopy of it. 16 THE COURT: Well, what's the next -- 17 MR. TIGAR: They speak to themselves. 18 THE COURT: It will be marked as Court Exhibit 154. 19 (Pause) 20 MR. TIGAR: Your Honor, may I be excused to get LS406. 21 THE COURT: Yes. Before you go, though, Mr. Fletcher 22 will make a copy of this so that the government also has a 23 copy. And you say you've provided a copy to the marshal? 24 MR. TIGAR: I have. And Mr. Donnelly is as we speak 25 dealing with the situation. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 13089 529esat1 1 THE COURT: Okay. 2 MR. TIGAR: I didn't make copies before tendering it 3 to the Court because I wanted to bring the matter to the 4 Court's attention just as soon as possible. 5 THE COURT: Okay. Thank you. We'll make a copy so 6 that the government has a copy also. 7 And, as you say, the marshal has been advised, and the 8 marshal knows the marshal's responsibilities in terms of 9 protecting the jurors. 10 A MARSHAL: Absolutely, your Honor. 11 THE COURT: And I've already indicated that the 12 government should be provided with a copy of this also. Yes? 13 MR. TIGAR: May I be excused? 14 THE COURT: No. And you're not asking for anything 15 else? 16 MR. TIGAR: That is correct, your Honor. We're not 17 asking for anything else at this time. 18 Now I see another note is coming in. I'll wait. 19 THE COURT: I'm told that the jury is also -- has 20 lunch, but I'd like to respond to the jury notes but -- I'll 21 read the note and then you can leave to get LS406. 22 (A note was received at 12:53 p.m.) 23 THE COURT: Court Exhibit 155, 9 February 05, Judge 24 Koeltl, may we have the full transcript of Monday, November 8, 25 2004. Signed by number 329.