Volume 1 of Trial Transcript For Fleming Daniels

Case 1:07-cr-00233-ODE-RGV Document 495 Filed 03/23/2009 Page 1 of 234
1 UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF GEORGIA
2 ATLANTA DIVISION
4
UNITED STATES OF AMERICA ) DOCKET NO. 1:07-CR-233
5 )
) ATLANTA, GEORGIA
6 ) JUNE 11, 2008
V. )
7 )
FLEMING M. DANIELS, )
8 )
DEFENDANT. )
9
10 VOLUME 1
TRANSCRIPT OF JURY TRIAL
11 BEFORE THE HONORABLE ORINDA D. EVANS,
UNITED STATES DISTRICT JUDGE
12
13 APPEARANCES OF COUNSEL:
14 FOR THE GOVERNMENT: ROBERT C. MCBURNEY

CASSANDRA J. SCHANSMAN
15
FOR THE DEFENDANT: DENNIS C. O'BRIEN
16
17
18 COURT REPORTER: ANDY ASHLEY

1949 U. S. COURTHOUSE
19 ATLANTA, GEORGIA 30303-3361
(404) 215-1478
20
21
22 PROCEEDINGS RECORDED BY MECHANICAL STENOGRAPHY, TRANSCRIPT

PRODUCED BY COMPUTER.
23
24
25
1 P R O C E E D I N G S
2 (ATLANTA, FULTON COUNTY, GEORGIA; JUNE 11, 2008
3 IN OPEN COURT.)
4 (A JURY WAS SELECTED JUNE 10, 2008.)
5 THE COURT: GOOD MORNING. ALL RIGHT, COUNSEL, ARE
6 YOU READY?
7 MR. MCBURNEY: YES, JUDGE.
8 MR. O'BRIEN: WE'RE READY, MA'AM.
9 THE COURT: ARE YOU READY THEN TO PROCEED ON TO THE
10 OPENING STATEMENTS?
11 MR. MCBURNEY: YES.
12 MR. O'BRIEN: YES, MA'AM. DO YOU CUSTOMARILY GIVE AN
13 OPENING CHARGE TO THE JURY?
14 THE COURT: I USUALLY DON'T UNLESS IT'S A VERY
15 COMPLICATED CASE.
16 MR. O'BRIEN: OKAY.
17 (JURY PRESENT)
18 THE COURT: GOOD MORNING, LADIES AND GENTLEMEN.
19 WOULD YOU SWEAR THE JURY PLEASE.
20 (JURY SWORN)
21 THE COURT: MEMBERS OF THE JURY, WE'RE READY NOW TO
22 BEGIN WITH THE OPENING STATEMENTS OF COUNSEL, AND THE
23 GOVERNMENT HAS THE FIRST OPENING STATEMENT.
24 MR. MCBURNEY.
25 MR. MCBURNEY: THANK YOU, JUDGE. GOOD MORNING. IN

1 CASE YOU'VE ALREADY FORGOTTEN, I'M ROBERT MCBURNEY. THIS IS
2 CASSANDRA SCHANSMAN, COCOUNSEL, MY PARTNER, AND THIS IS SPECIAL
3 AGENT JACK HARVEY.
4 THE PURPOSE OF THE OPENING STATEMENT IS TO BEGIN TO
5 ANSWER QUESTIONS YOU ALL MAY HAVE. WHY AM I HERE? WHAT IS
6 DEFENDANT DANIELS CHARGED WITH? HOW IS THE GOVERNMENT GOING TO
7 PROVE ITS CASE? WHAT IS THE EVIDENCE?
8 ONE OF THE INTERESTING THINGS ABOUT THE AMERICAN
9 JUSTICE SYSTEM IS THAT ESPECIALLY THE LAWYERS WHO ALREADY HAVE
10 ALL THE INFORMATION WHO GET TO ASK THE QUESTIONS OF THE
11 WITNESSES. YOU DON'T GET TO ASK ANY QUESTIONS. THERE WON'T BE
12 A TIME WHEN WE'RE DONE WITH WITNESS "A" AND THE JUDGE SAYS
13 OKAY, JURORS, DO YOU HAVE ANY QUESTIONS OF THIS WITNESS.
14 YOU ARE THE FACT FINDERS. YOU ARE THE ONES WHO WILL
15 DECIDE IN THE END WHAT REALLY HAPPENED IN THIS CASE, BUT YOU
16 DON'T GET TO ASK ANY QUESTIONS. THE GOVERNMENT WILL CALL
17 WITNESSES AND WE'LL ASK QUESTIONS OF THOSE WITNESS. WE'VE MET
18 THOSE WITNESSES BEFORE AND WE HAVE A ROUGH IDEA OF WHAT THEY'RE
19 GOING TO SAY.
20 MR. O'BRIEN HAS A ROUGH IDEA OF WHAT THEY'RE GOING TO
21 SAY. HE'S BEEN GIVEN REPORTS AND HE HAS EVIDENCE FROM THE
22 CASE. WE'RE TRYING TO SHARE WITH YOU THE FACTS OF THE CASE
23 AGAINST MR. DANIELS BY ASKING QUESTIONS ON YOUR BEHALF.
24 WHAT I WANT TO DO DURING THIS OPENING IS START TO
25 ANSWER SOME OF THOSE. THE THREE THAT I WANT TO COVER ARE WHAT
1 IS DEFENDANT DANIELS CHARGED WITH, WHAT IS THE EVIDENCE THAT
2 THE GOVERNMENT INTENDS TO SHARE WITH YOU AND HOW WILL THE
3 GOVERNMENT SHARE THAT EVIDENCE WITH YOU.
4 I HAVE SOME SLIDES HERE THAT WILL GUIDE US ALONG IF
5 WE CAN MAKE THIS WORK. TECHNOLOGY IS ALWAYS A BIT OF A GAMBLE
6 HERE, BUT WE'LL SEE IF WE CAN GET IT GOING.
7 DEFENDANT DANIELS IS CHARGED IN THE INDICTMENT, AND
8 YOU WILL GET A COPY OF THE INDICTMENT AT THE END OF THE
9 PROCEEDINGS, WITH TWO THINGS. HE'S CHARGED IN TWO COUNTS. THE
10 FIRST COUNT HE'S CHARGED IN IS A COCAINE DISTRIBUTION
11 CONSPIRACY.
12 WHAT THAT MEANS IS THAT THE GOVERNMENT HAS ALLEGED
13 THAT DEFENDANT DANIELS WAS PART OF A GROUP, AND THAT GROUP HAD
14 A PURPOSE, AND ITS PURPOSE WAS TO DISTRIBUTE COCAINE.
15 DISTRIBUTE IS THE LEGAL TERM THAT CAN MEAN SELL. IT CAN MEAN
16 TRANSPORT. IT MEANS MOVING THE DRUGS IN SOME WAY FROM A TO B.
17 YOU SELL IT. YOU TRANSPORT IT. YOU'LL HEAR ABOUT EVIDENCE OF
18 ALL THESE THINGS HAPPENING.
19 BUT WHAT'S NOT PART OF THE COCAINE CONSPIRACY
20 ALLEGATION IS THAT DEFENDANT DANIELS HAD TO TOUCH THE DRUGS.
21 THAT HE IN FACT HAD TO DISTRIBUTE THEM. YOU ARE PART OF THE
22 CONSPIRACY IF YOU'RE PART OF THAT GROUP, AND THE EVIDENCE
23 YOU'RE GOING TO HEAR DURING THE COURSE OF THIS TRIAL IS THAT
24 WHILE THERE ARE A FEW INSTANCES IN WHICH DEFENDANT DANIELS DID
25 DISTRIBUTE DRUGS, BY AND LARGE HIS ROLE WASN'T THE GUY WHO
1 UNLOADED THE TRAP VEHICLE THAT ARRIVED WITH 150 KILOS OF
2 COCAINE, BRICKS OF COCAINE.
3 I'LL ALSO HELP WITH SOME TERMINOLOGY DURING THE
4 OPENING. MOST OF THE WITNESSES WHO WILL BE TALKING TO YOU WHO
5 WERE PART OF THIS CONSPIRACY OR KNEW ABOUT THE CONSPIRACY REFER
6 TO COCAINE IN UNITS OF BRICKS OR KILOS OR KEYS. THAT'S A
7 KILOGRAM QUANTITY. SO IF YOU ARE HEAR SOMEONE SAY HE HAD THREE
8 BRICKS, I GOT TWO BRICKS FROM HIM, I GOT TWO KEYS, THAT'S A
9 KILO, 2.2 POUNDS, EACH BRICK IS A KILO.
10 SO THE FIRST THING THAT MR. DANIELS IS CHARGED WITH
11 IS BEING PART OF THIS GROUP. THIS GROUP KNOWN AS BMF, THE
12 BLACK MAFIA FAMILY. THAT IS THE CONSPIRACY. THAT'S WHAT BMF
13 DID WAS DISTRIBUTE COCAINE. THAT'S WHAT THE EVIDENCE WILL
14 SHOW.
15 NOW, MR. DANIELS IS ALSO CHARGED WITH WHAT WE CALL
16 LEGALLY A SUBSTANTIVE COUNT. NOT JUST BEING PART OF A GROUP
17 KNOWING WHAT THAT GROUP IS ABOUT BUT ALSO DOING SOMETHING
18 SPECIFIC IN CONNECTION WITH COCAINE. HE'S CHARGED WITH ONE
19 COUNT OF POSSESSING WITH THE INTENT TO DISTRIBUTE OR
20 DISTRIBUTING COCAINE.
21 YOU WILL HEAR EVIDENCE DURING THE COURSE OF THE TRIAL
22 THAT MR. DANIELS ON A NUMBER OF OCCASIONS ACTUALLY HAD SOME
23 BRICKS OF COCAINE WITH HIM AND SOLD THEM TO SOMEONE. THAT'S
24 THE DISTRIBUTION COUNT. THAT'S WHERE THERE ACTUALLY IS I'VE
25 GOT THE BRICK, I GIVE YOU THE BRICK AND IN THIS CASE IN
1 EXCHANGE FOR MONEY. LOTS OF MONEY. YOU'RE GOING TO HEAR ABOUT
2 LOTS OF MONEY DURING THE COURSE OF THE TRIAL.
3 NOW THE COCAINE CONSPIRACY, THE EVIDENCE THAT YOU'RE
4 GOING TO HEAR ABOUT THE COCAINE CONSPIRACY IS THAT THE
5 ORGANIZING STRUCTURE IS SOMETHING CALLED THE BLACK MAFIA
6 FAMILY, BMF, HEADED UP BY A GUY NAMED MEECH OR MEECHIE,
7 DEMETRIUS FLENORY.
8 I FORGOT TO ANSWER ONE OF YOUR QUESTIONS AT THE
9 OUTSET. CAN I TAKE NOTES? YES, PLEASE TAKE NOTES. THERE ARE
10 NO DO-OVERS. YOU ALL DON'T GET TO SAY AT THE END OF THE TRIAL
11 CAN YOU PUT THAT GUY BACK ON THE STAND AND ASK HIM SOME
12 QUESTIONS AGAIN. YOU WILL NOT HAVE ACCESS TO A TRANSCRIPT OF
13 THE PROCEEDINGS.
14 IT'S YOUR RECOLLECTION OF WHAT OCCURRED DURING THE
15 TRIAL. SO YOU DON'T HAVE TO TAKE NOTES. THE JUDGE ISN'T GOING
16 TO ORDER YOU TO TAKE NOTES, BUT YOU ARE ALLOWED TO TAKE NOTES
17 TO REFER TO THOSE TO ASSIST YOU IN YOUR DELIBERATIONS.
18 SO YOU'LL HEAR ABOUT DEMETRIUS FLENORY AND THE BLACK
19 MAFIA FAMILY, AND YOU'LL ACTUALLY SEE THAT DEFENDANT DANIELS
20 HAS A BMF 4 LIFE TATTOO ON HIS ARM. HE WAS PART OF THE BMF.
21 THE BMF DID ITS COCAINE CONSPIRACY, RAN ITS COCAINE
22 CONSPIRACY IN THE FOLLOWING WAY. WE'RE FOCUSING ON THE ATLANTA
23 PART. YOU'LL HEAR A BIT ABOUT HOW BMF WAS ACTUALLY IN
24 DETROIT. THERE'S A LOS ANGELES CONNECTION. THIS IS THE
25 ATLANTA PEOPLE.
1 WHAT WOULD HAPPEN THE EVIDENCE WILL SHOW IS THAT
2 USUALLY LIMOUSINES, STRETCH LIMOUSINES, HUMMERS, LINCOLN TOWN
3 CAR LIMOUSINES WILL PULL INTO A LOCATION, AND YOU'LL HEAR ABOUT
4 A PLACE CALLED THE GATE. YOU'LL HEAR ABOUT A PLACE CALLED
5 SPACE MOUNTAIN, AND THESE LIMOS WOULD PULL IN, NO PASSENGERS ON
6 BOARD, BUT THESE LIMOS HAD WHAT WE CALL TRAPS. THAT'S THE
7 TRAPPED VEHICLE.
8 AND A TRAP IS A HIDDEN COMPARTMENT. YOU CAN'T SEE
9 IT. IF YOU WERE A PASSENGER IN THE LIMO YOU'D SAY THIS IS A
10 NICE, POSH LIMO, IT'S GOT A LITTLE BAR AND YOU CAN HAVE A DRINK
11 AND MAYBE THERE'S A TV, A FLAT SCREEN TV IN IT, BUT WHAT YOU
12 DON'T REALIZE IS THAT THE SEAT YOU'RE ON IF YOU DO THE RIGHT
13 COMBINATION TURN ON THE AIR CONDITIONING, CLICK THE LOCK, WAVE
14 A MAGNET ON THIS PART OF THE FRONT PANEL, THE SEAT LIFTS UP OR
15 SOME COMPARTMENT OPENS UP.
16 AND WHAT YOU'LL HEAR ABOUT FROM WITNESSES IS THAT
17 WHEN THOSE LIMOS PULLED INTO THE GATE OR SPACE MOUNTAIN OR THE
18 HORSE RANCH, THESE ARE ALL NAMES THAT WERE GIVEN TO ACTUAL
19 HOMES HERE IN ATLANTA, YOU WILL SEE PICTURES OF THOSE HOMES,
20 THOSE COMPARTMENTS WERE FILLED WITH BRICKS, KEYS, WHAT THEY
21 CALL WORK, THE COCAINE, HUNDREDS OF KILOS OF COCAINE.
22 AND NOT MR. DANIELS BUT OTHER MEMBERS OF THE BMF,
23 OTHER MEMBERS OF THE CONSPIRACY WOULD UNPACK THOSE TRAPS AND
24 PUT THE COCAINE IN ONE OF THESE STASH HOUSES, AND SOON
25 THEREAFTER THE CUSTOMERS WOULD START SHOWING UP. NOT MR.

1 DANIELS' CUSTOMERS DIRECTLY BUT CUSTOMERS OF HIS CONSPIRACY,
2 AND YOU'LL HEAR FROM SOME OF THOSE CUSTOMERS.
3 THE CUSTOMERS WOULD SHOW UP, AND YOU DON'T PAY YOU
4 DON'T GET. THEY SHOW UP WITH LOTS OF CASH. YOU DON'T BUY
5 COCAINE WITH CREDIT CARDS. YOU DON'T WRITE A PERSONAL CHECK TO
6 GET COCAINE. YOU SHOW UP WITH COLD HARD CASH.
7 SO YOU'LL HEAR TESTIMONY OF PEOPLE WHO ROUTINELY WERE
8 COUNTING 3, 4 MILLION DOLLARS IN CASH WHEN THEY MOVED ALL THAT
9 COCAINE OUT OF THE STASH HOUSE. ALL THAT'S LEFT WERE DRUG
10 WRAPPERS AND A WHOLE LOT OF CASH.
11 WHAT WOULD HAPPEN WITH THAT CASH? YOU'LL HEAR FROM
12 THESE WITNESSES THAT THE CASH GETS PUT BACK IN THE SAME TRAPS
13 AND THE LIMO LEAVES ATLANTA TO GO WHEREVER IT GOES.
14 YOU WILL ALSO HEAR A COMMON THEME FOR THE MEMBERS OF
15 THIS BMF CONSPIRACY IS THAT MANY, MANY OF THEM INCLUDING
16 DEFENDANT DANIELS WENT TO NASHVILLE, TENNESSEE TO GET A FAKE
17 TENNESSEE DRIVER'S LICENSE.
18 NOW I SAY FAKE. THAT'S VALID THE LANGUAGE UP THERE
19 THAT DESCRIBES THESE DRIVER'S LICENSES. THEY WERE VALID
20 LICENSES. IF YOU WERE PULLED OVER AND THE POLICE OFFICER SAID
21 LET ME SEE YOUR DRIVER'S LICENSE, IT WOULD HAVE YOUR PHOTO ON
22 IT BUT NOT YOUR NAME. IT WOULD SAY JAMES SMITH WITH A SOCIAL
23 SECURITY NUMBER AND ADDRESS THAT REALLY EXISTS.
24 THE OFFICER WOULD RUN THAT LICENSE AND IT WOULD COME
25 BACK VALID. THERE'S A JAMES SMITH WITH THIS DRIVER'S LICENSE,

1 AND YOU'D BE ON YOUR WAY, BUT THE NAME ON THE DRIVER'S LICENSE
2 WASN'T FLEMING DANIELS. YOU'LL SEE A SHAMEER MOORE TENNESSEE
3 DRIVER'S LICENSE WITH THE DEFENDANT'S FACE ON IT. YOU'LL HEAR
4 HOW HE GOT THAT.
5 THERE WAS A PAUL JACKSON TENNESSEE DRIVER'S LICENSE,
6 AND SOME OF THE OTHER PEOPLE WHO WILL COME IN AND TESTIFY
7 SAYING I WAS PART OF THIS BMF CONSPIRACY WHO WILL SAY I HAD THE
8 SAME THING. THAT WAS ONE OF THE BMF SIGNATURES THE TENNESSEE
9 DRIVER'S LICENSE, AND YOU'LL HEAR FROM THE EMPLOYEE OF THE
10 TENNESSEE DMV WHO ACTUALLY WAS IN ON THE FRAUDULENT SCHEME.
11 SHE WILL TELL YOU HOW IT WORKED.
12 THE OTHER CHARGE THAT MR. DANIELS FACES AS I
13 MENTIONED IS A DISTRIBUTION COUNT. THE EVIDENCE THAT YOU WILL
14 HEAR CONCERNING THIS DEFENDANT MR. DANIELS' DISTRIBUTION AS
15 OPPOSED TO THE CONSPIRACY'S DISTRIBUTION, BMF DISTRIBUTION,
16 THERE'S A GUY NAMED GINO ALSO KNOWN AS 456 PERSONAL, A PERSONAL
17 FRIEND OF MR. DANIELS.
18 GINO WILL BE HERE AND GINO WILL TELL YOU THAT ON 3, 4
19 MAYBE 5 OCCASIONS HE BOUGHT A COUPLE OF BRICKS FROM DEFENDANT
20 DANIELS. NOT THROUGH AN INTERMEDIARY, NOT THROUGH SOME GUY
21 NAMED RICKY, BUT IT WAS SUPPOSEDLY THE DEFENDANT'S BRICKS
22 DIRECTLY FROM THE DEFENDANT.
23 MANY OF THE WITNESSES WILL REFER TO DEFENDANT DANIELS
24 BY HIS NICKNAME IN THE BMF, HIS MONIKER, WHICH IS ILL, I L L.
25 THAT'S HOW THEY KNEW HIM. THERE MAY BE SOME WITNESSES WHO WILL
10
1 SAY I KNOW ILL REAL WELL AND WILL DESCRIBE ALL SORTS OF THINGS
2 THEY DID WITH ILL AND MAYBE EVEN IDENTIFY DEFENDANT DANIELS BUT
3 THEY'RE NOT GOING TO KNOW HIS REAL NAME BECAUSE HIS DRIVER'S
4 LICENSE DIDN'T HAVE HIS REAL NAME, BUT IF YOU HEAR ILL, SOMEONE
5 REFERRING TO AN ILL THAT'S DEFENDANT DANIELS.
6 MR. HAMILTON WILL TELL YOU THAT HE BOUGHT THESE KILOS
7 FROM DEFENDANT DANIELS. HE HAD A CUSTOMER UP IN VIRGINIA. THE
8 KILOS WOULD BE SHIPPED UP TO VIRGINIA. MR. HAMILTON WOULD GO
9 TO VIRGINIA TO GET THE MONEY, BRING IT BACK AND GIVE THE MONEY
10 TO DEFENDANT DANIELS.
11 HE TYPICALLY HAD TO PAY HIM HALF UP FRONT AND HALF ON
12 THE BACK END. AFTER HE SOLD THE KILOS IN VIRGINIA, THEN HE'D
13 GIVE THE REMAINING 18,000 DOLLARS IN CASH TO DEFENDANT
14 DANIELS.
15 NOW, THAT'S WHAT THE EVIDENCE WILL BE. THAT'S THE
16 SECOND QUESTION. YOU'VE HEARD ABOUT WHAT DEFENDANT DANIELS IS
17 CHARGED WITH, THE BMF COCAINE CONSPIRACY AND THE EVIDENCE THAT
18 WILL BE OUT THERE. PEOPLE WHO WILL TELL YOU HOW BMF WORKED.
19 PEOPLE WHO WERE PART OF BMF AND THEIR DRUG DISTRIBUTION, AND
20 YOU'LL HEAR ABOUT THE SPECIFIC DRUG DEALS IN WHICH MR. DANIELS
21 DIRECTLY PARTICIPATED.
22 HOW DO WE DO THAT? ME TELLING YOU THIS ISN'T
23 EVIDENCE. NOTHING THAT COMES OUT OF MY MOUTH, MS. SCHANSMAN'S
24 MOUTH, EVEN MR. O'BRIEN'S MOUTH IS EVIDENCE. THE EVIDENCE IS,
25 THE JUDGE WILL INSTRUCT YOU ON IT, WHAT THE WITNESSES SAY AND
11
1 THEN EXHIBITS, PHOTOS OR TANGIBLE ITEMS THAT THE JUDGE ADMITS
2 INTO EVIDENCE THAT WE TENDER OR MR. O'BRIEN TENDERS. THAT'S
3 THE EVIDENCE.
4 SO HERE'S HOW YOU WILL GET THAT EVIDENCE. THERE WILL
5 BE WITNESSES. THERE WILL BE ACTUAL BMF WORKERS, AND BY THAT I
6 MEAN THERE WILL BE SOMEONE WHO WILL TELL YOU I UNLOADED THESE
7 LIMOS, TOOK THE BRICKS OUT, I COUNTED THE CASH, PUT THE CASH
8 IN.
9 THERE WILL BE PEOPLE WHO WILL TELL YOU WHAT HAPPENED
10 TO SOME OF THAT CASH. I GOT A FERRARI FOR MR. DANIELS. I GOT
11 HIM A FERRARI. HE DIDN'T BUY IT OUTRIGHT. IT WAS A LEASE, BUT
12 WE MET SOMEWHERE AND HE GAVE ME AN ENVELOPE WITH SO MANY
13 THOUSANDS OF DOLLARS IN IT SO HE COULD DRIVE AROUND IN A
14 FERRARI.
15 THERE WILL BE BMF CUSTOMERS, AND BY THAT I MEAN
16 PEOPLE WHO BOUGHT BMF COCAINE, AND THEY'LL TELL YOU I WENT TO
17 THE GATE AND I'D SHOW THEM MY MONEY, THEY'D DO A QUICK COUNT,
18 USUALLY THE CASH WAS BANDED IN 5,000 DOLLAR INCREMENTS. THEY'D
19 COUNT THE BANDS. ALL RIGHT, THAT'S 40,000 DOLLARS. YOU CAN
20 HAVE TWO BRICKS. YOU GO TO THE NEXT ROOM. I GET MY DUFFLE BAG
21 WITH THE BRICKS AND I'M ON MY WAY. YOU WILL HEAR FROM THESE
22 CUSTOMERS OF BMF.
23 THERE WILL BE SOME LAW ENFORCEMENT WITNESSES. YOU'LL
24 HEAR FROM SPECIAL AGENT JACK HARVEY AND A COUPLE OF OTHER FOLKS
25 WHO WILL TELL YOU MORE ABOUT DEFENDANT DANIELS' INVOLVEMENT IN

12
1 BMF AND HIS DISTRIBUTION OF DRUGS.
2 THERE WILL ALSO BE SOME EXHIBITS. THERE WILL BE
3 PHOTOGRAPHS OF MANY OF THE THINGS I JUST TOLD YOU ABOUT, SOME
4 DOCUMENTS.
5 WHAT THERE WILL NOT BE. HIDING THE BALL HERE. THERE
6 WILL NOT BE SITTING ON THIS TABLE THE BRICKS OF COCAINE THAT
7 DEFENDANT DANIELS WAS SELLING TO GINO, TO 456. THOSE ARE OUT
8 IN THE MARKETPLACE SOMEWHERE. THERE WILL BE NO EVIDENCE OF
9 DIRECT COCAINE SEIZURES FROM DEFENDANT DANIELS. WHEN HE WAS
10 ARRESTED IN THIS CASE, NO DRUGS. THERE WON'T BE THAT DIRECT
11 EVIDENCE.
12 YOU'LL HEAR IT FROM THE WITNESSES, THE CUSTOMERS, THE
13 PEOPLE WHO BOUGHT FROM HIM. THERE WILL BE EVIDENCE ABOUT
14 COCAINE SEIZURES. THERE HAVE BEEN PLENTY OF COCAINE SEIZURES
15 FROM BMF CONSPIRATORS BUT NOT FROM MR. DANIELS.
16 I WANT TO TALK ABOUT TWO TYPES OF PROOF YOU'RE GOING
17 TO HEAR. YOU'LL HAVE DIRECT EVIDENCE. THAT'S SOMEONE ON THE
18 STAND TELLING YOU I BOUGHT COCAINE FROM MR. DANIELS, THE
19 DEFENDANT. I PAID HIM FOR THE COCAINE THAT I BOUGHT. THAT'S
20 THE DIRECT EVIDENCE YOU WILL HEAR.
21 THERE IS INDIRECT PROOF AS WELL AND THE JUDGE WILL
22 INSTRUCT YOU THAT YOU CAN CONSIDER THAT. YOU CAN CONSIDER
23 CIRCUMSTANTIAL EVIDENCE. THERE WILL BE LOTS OF EVIDENCE THAT
24 MR. DANIELS WAS AWASH IN CASH. 86,000 DOLLARS FOUND IN HIS
25 HOME WHEN THERE WAS A FIRE. HE'S PAYING FOR HIS FERRARI.
13
1 PICTURES OF HIM WITH PILES OF MONEY IN FRONT OF HIM. THIS IS A
2 MAN WITH LOTS OF MONEY IN HIS HANDS WITH NO APPARENT LEGITIMATE
3 SOURCE OF INCOME.
4 NOW, I'VE TOUCHED UPON ONE ISSUE IN THIS CASE FOR THE
5 GOVERNMENT, AND THAT IS THAT THERE ARE NO DIRECT SEIZURES OF
6 COCAINE FROM DEFENDANT DANIELS. THERE ARE WITNESSES JUST AS
7 WELL THAT YOU NEED TO KNOW ABOUT BEFORE YOU START HEARING FROM
8 THESE WITNESSES.
9 YOU WILL HEAR FROM A CONVICTED MURDERER. SOMEONE WHO
10 WAS CONVICTED ELSEWHERE, GOT OUT OF JAIL AND JOINED THE BMF.
11 YOU'RE GOING TO HEAR FROM A BUNCH OF DRUG DEALERS. THAT'S WHAT
12 BMF IS ALL ABOUT. IF YOU'RE IN BMF YOU'RE A DRUG DEALER.
13 YOU'LL HEAR FROM FRAUDSTERS, SOMEONE CONVICTED OF CHECK FRAUD.
14 YOU'LL HEAR FROM THE WOMAN FROM THE DMV WHO HAS PLED GUILTY TO
15 TAKING BRIBES TO ISSUE THESE FRAUDULENT TENNESSEE DRIVER'S
16 LICENSES.
17 THESE ARE ALL PEOPLE YOU WILL HEAR WHO ARE FRIENDS
18 AND ASSOCIATES OR SOMEHOW CONNECTED TO DEFENDANT DANIELS. WE
19 BRING YOU THE WITNESSES WHO KNOW ABOUT WHAT DEFENDANT DANIELS
20 DID. THERE WEREN'T PASTORS OR COMPUTER PROGRAMMERS OR THIS OR
21 THAT MOVING IN DEFENDANT DANIELS' CIRCLES OR WITHIN THE BMF.
22 YOU ALSO ARE GOING TO HEAR SOME OF THESE SAME
23 WITNESSES I'M DESCRIBING ARE WHAT WE CALL COOPERATORS,
24 COOPERATORS. THESE ARE PEOPLE WHO WERE ON THE INSIDE. THIS IS
25 A CASE WHERE THERE WERE NO WIRETAPS INVOLVING DEFENDANT

14
1 DANIELS. THERE WAS NO UNDERCOVER AGENT WHO WAS ABLE TO GET
2 INTO THE BMF AND DO BUSINESS WITH THESE PEOPLE.
3 YOU ARE GOING TO HEAR FROM PEOPLE WHO HAVE ALREADY
4 PLED GUILTY HERE IN DETROIT OR IN ORLANDO, OTHER PLACES IN
5 CONNECTION WITH BMF RELATED DRUG DISTRIBUTION.
6 YOU'LL HEAR THAT WHILE THERE'S A BENEFIT FOR THESE
7 WITNESSES, A PROMISED BENEFIT, A PROPOSED BENEFIT, A POTENTIAL
8 BENEFIT, IT'S NOT AN EASY ROAD TO TAKE. THERE IS A CERTAIN
9 STIGMA AND RISK THAT ATTACHES TO FOLKS THAT DECIDE THEY WANT TO
10 SHARE WHAT THEY KNOW WITH THE GOVERNMENT AND WITH YOU.
11 I WANT TO COVER REAL BRIEFLY AND YOU'LL HEAR THIS
12 FROM SOME OF THE FIRST WITNESS WHO ARE COOPERATING AND TAKE THE
13 STAND WHAT I CALL THE MECHANICS OF COOPERATION. IT IS
14 IMPORTANT YOU UNDERSTAND HOW IT WORKS.
15 FIRST OF ALL, ANYONE THAT'S COOPERATING DOES SO
16 VOLUNTARILY. THEY CHOOSE TO DO THIS. THERE IS NO FORCED
17 COOPERATION. THERE IS ONE CONDITION. THE WITNESSES MUST
18 TESTIFY TRUTHFULLY, AND THEY WILL TELL YOU THAT. FALSE
19 STATEMENTS ARE PUNISHABLE UNDER LAW. MOREOVER, SUBORNING
20 PERJURY, PROSECUTORS KNOWINGLY ELICITING FALSE TESTIMONY FROM A
21 WITNESS IS SOMETHING THAT CAN BE PUNISHED.
22 HERE'S WHAT'S IN IT, IF YOU WILL, FOR THESE FOLKS WHO
23 ARE GOING TO COOPERATE. IT'S A TWO-STEP PROCESS. FIRST, THE
24 PROSECUTOR WHO HANDLED THAT WITNESS' CASE MAKES A
25 RECOMMENDATION, A RECOMMENDATION TO THE JUDGE WHO SENTENCED

15
1 THAT WITNESS.
2 FOR EXAMPLE, IF YOU HEAR FROM A WITNESS WHO WAS
3 INVOLVED IN DEFENDANT DANIELS' CASE, YOU'LL SEE IN THE
4 INDICTMENT THERE ARE 16 DEFENDANTS IN THE CASE, IT'S POSSIBLE
5 ONE OF THEM HAS PLED. JUDGE EVANS WOULD BE THE SENTENCING
6 JUDGE. I WOULD MAKE A RECOMMENDATION TO JUDGE EVANS BASED ON
7 THE TRUTHFUL TESTIMONY OF THE PERSON WHO CAME IN.
8 IN THE END IT WOULD BE JUDGE EVANS AND JUDGE EVANS
9 ALONE WHO WOULD DECIDE IF ANY BENEFIT AT ALL, AND BY BENEFIT
10 IT'S A REDUCTION OF SENTENCE. IT'S NOT MONEY. IT'S NOT YOU
11 HAVE ACCESS TO THE WII OR THE PLAYSTATION IN JAIL. THAT YOUR
12 SENTENCE WOULD GO DOWN. IT'S THE JUDGE'S DECISION.
13 IN THIS CASE IT'S A LITTLE MORE COMPLICATED. IT'S
14 THE SAME PROCESS BUT WE HAVE WITNESSES -- YOU'LL HEAR FROM A
15 WITNESS WHO PLED GUILTY AND WAS SENTENCED IN ORLANDO, A FEDERAL
16 COURT DOWN THERE. JUDGE EVANS WON'T BE INVOLVED IN THAT
17 PROCESS.
18 THE PROSECUTOR IN ORLANDO WOULD MAKE A
19 RECOMMENDATION, IF THAT'S THE APPROPRIATE THING, TO THE JUDGE
20 IN ORLANDO AND THAT JUDGE WOULD DECIDE THAT THIS PERSON GETS
21 ANY BENEFIT FOR THE NECESSARILY TRUTHFUL TESTIMONY. THAT'S HOW
22 IT WORKS. THE WITNESSES WHO TAKE THE STAND WILL EXPLAIN THAT
23 TO YOU. THEY UNDERSTAND HOW IT WORKS.
24 SO WE'RE BACK WHERE WE BEGAN, DEFENDANT DANIELS IS
25 CHARGED WITH TWO THINGS. THE GOVERNMENT HAS THE BURDEN TO

16
1 CONVINCE YOU BEYOND A REASONABLE DOUBT THAT HE DID TWO THINGS.
2 THE DEFENSE HAS NO BURDEN. MR. O'BRIEN DOESN'T NEED TO CALL
3 ANY WITNESSES. HE DOESN'T NEED TO ASK ANY QUESTIONS OF OUR
4 WITNESSES. HE DOESN'T NEED TO GIVE AN OPENING STATEMENT.
5 I WILL SUSPECT YOU'LL HEAR A BUNCH FROM HIM, BUT IT'S
6 THE GOVERNMENT'S JOB. WE NEED TO CONVINCE YOU THAT DEFENDANT
7 DANIELS, ONE, WAS A MEMBER OF THE BMF WHICH WAS A DRUG
8 CONSPIRACY. IF HE'S A MEMBER OF THAT CONSPIRACY, HE'S GUILTY
9 OF THE CONSPIRACY. HE DOESN'T NEED TO HAVE ACTUALLY PEDDLED
10 THE DRUGS. HE CAN ASSIST IN ANOTHER WAY. YOU MAY HEAR
11 EVIDENCE THAT HE WAS SORT OF THE MUSCLE OR ENFORCER FOR THESE
12 GUYS. IF YOU FIND THAT THAT'S PART OF THE CONSPIRACY, YOU CAN
13 MAKE THE FINDING THAT HE'S GUILTY.
14 THE SECOND WE'LL SHOW YOU IS THAT HE DID IN FACT
15 DISTRIBUTE COCAINE AS PART OF THE BMF CONSPIRACY. THAT'S THE
16 SUBSTANTIVE COUNT. THAT HE SOLD COCAINE TO GINO, TO 456, SAME
17 PERSON. HE'LL COME IN HERE AND TELL YOU ABOUT THAT.
18 NOW, WE'RE ABOUT TO START WITH WITNESSES. MR.
19 O'BRIEN WILL HAVE A CHANCE TO GIVE HIS OPENING STATEMENT, BUT
20 ONCE WE BEGIN YOU WILL HAVE EMBARKED ON SOMETHING OF A
21 CONFUSING TOUR WITH COMPETING TOUR GUIDES.
22 I SUSPECT THAT YOU WILL HEAR EVIDENCE THAT BMF IS
23 ACTUALITY ABOUT ENTERTAINMENT. YOU HEARD A LITTLE BIT DURING
24 VOIR DIRE THAT BMF IS SOME GANGSTER RAP GROUP AND REALLY WHAT
25 THEY DO IS THEY MAKE MUSIC. IT'S MR. O'BRIEN'S JOB TO HELP YOU
17
1 SEE THINGS IN A DIFFERENT WAY.
2 SO IT'S IMPORTANT THAT YOU LISTEN TO THE QUESTIONS
3 FROM BOTH SIDES, BUT THERE WILL BE A NUMBER OF POINTS IN THE
4 TRIAL WHERE WHEN WE ASK THE QUESTIONS YOU'LL SAY THAT SOUNDS
5 LIKE IT'S A DRUG DISTRIBUTION ORGANIZATION. MR. O'BRIEN MAY
6 ASK QUESTIONS THAT GETS YOU TO THINK ABOUT IT IN A SLIGHTLY
7 DIFFERENT WAY. THAT'S HOW THE PROCESS WORKS. NO ONE IS TRYING
8 TO FOOL YOU. THERE'S TWO SIDES TO EVERY ISSUE.
9 I SAID AT THE BEGINNING AND I WANT TO SAY IT AGAIN,
10 TAKE NOTES IF THAT'S HOW YOU CAN REMEMBER THINGS. LISTEN
11 CLOSELY. WE DON'T GET TO PUT THE WITNESSES BACK ON THE STAND.
12 AT THE END OF THE EVIDENCE WHEN BOTH SIDES HAVE
13 CALLED WHOEVER THEY'RE GOING TO CALL, WE THE LAWYERS GET TO
14 ADDRESS YOU A FINAL TIME, AND THAT'S WHEN WE ARGUE TO YOU WHAT
15 WE BELIEVE THE EVIDENCE SHOWS.
16 MS. SCHANSMAN WILL GET UP THEN AND TELL YOU WHAT THE
17 GOVERNMENT BELIEVES THE EVIDENCE SHOWS. I HAVE ALREADY COVERED
18 A LITTLE BIT NOW. WE BELIEVE AT THE CLOSE OF TRIAL YOU WILL
19 CONCLUDE THAT THE EVIDENCE SHOWS THAT DEFENDANT DANIELS IS
20 GUILTY BEYOND A REASONABLE DOUBT OF BEING PART OF THIS DRUG
21 DISTRIBUTION GROUP KNOWN AS BMF OR THE BLACK MAFIA FAMILY, AND
22 THAT ADDITIONALLY ON SEVERAL OCCASIONS HE IN FACT DISTRIBUTED
23 DRUGS. HE SOLD DRUGS TO THIS GENTLEMAN GINO OR 456.
24 I WANT TO THANK YOU IN ADVANCE FOR YOUR ATTENTION.
25 THE TRIAL WILL LAST THREE OR FOUR DAYS. WE APPRECIATE EVERY

18
1 MINUTE THAT YOU ARE FOCUSING ON THE WITNESSES THAT WE CALL AND
2 THE EVIDENCE THAT WE PRESENT TO YOU. THANK YOU.
3 THE COURT: LADIES AND GENTLEMEN, THE DEFENSE MAKES
4 THE SECOND OPENING STATEMENT. MR. O'BRIEN.
5 MR. O'BRIEN: MAY IT PLEASE THE COURT --
6 THE COURT: COULD YOU BACK UP JUST A LITTLE BIT SO WE
7 ALL WILL BE ABLE TO HEAR YOU BETTER.
8 MR. O'BRIEN: IS THIS OKAY?
9 THE COURT: WE MAY NEED YOU AT THE MICROPHONE BUT IF
10 YOU KEEP YOUR VOICE UP.
11 MR. O'BRIEN: I'M DENNIS O'BRIEN AND I PRACTICE LAW
12 IN MARIETTA. WE ASKED YOU FOR A WHOLE DAY SOME QUESTIONS ABOUT
13 YOU SO I'LL JUST TELL YOU A LITTLE BIT ABOUT MYSELF. I'M
14 MARRIED ALMOST 40 YEARS, TWO GROWN CHILDREN, AND I'VE BEEN
15 PRACTICING ABOUT 35 YEARS.
16 MY CLIENT IS FLEMING DANIELS. FLEMING IS ORIGINALLY
17 FROM NEW YORK, BROOKLYN, NEW YORK. MOVED TO ATLANTA IN 1983.
18 HE WAS BORN IN 1973. HE HAS THREE CHILDREN, ONE OF WHOM
19 GRADUATES FROM HIGH SCHOOL THIS YEAR AND HE'S VERY PROUD OF
20 HIM. HE'LL BE ATTENDING GEORGIA SOUTHERN AND PLAYING FOOTBALL
21 AT GEORGIA SOUTHERN COLLEGE.
22 FIRST OF ALL WHAT I'D LIKE TO DO, LADIES AND
23 GENTLEMEN, IS THANK FOR YOUR TIME. SOMETIMES WE SPEND ALMOST
24 AS MUCH TIME PICKING A JURY AS WE DO PRESENTING A CASE, AND
25 MANY OF US CONSIDER IT'S THE MOST IMPORTANT PART OF THE CASE.

19
1 WE REALIZE WHAT AN INCONVENIENCE IT IS FOR YOU TO BE
2 HERE. IT INTERFERES WITH YOUR PERSONAL LIVES, YOUR
3 PROFESSIONAL LIVES. MANY OF YOU HAVE VACATIONS IN THE SUMMER.
4 IT'S VERY INCONVENIENT TO BE HERE. WE CAN'T GET THE JOB DONE
5 WITHOUT YOU.
6 MR. MCBURNEY AND HIS ASSOCIATES ARE HERE EVERYDAY.
7 I'M IN COURT OFTEN, BUT WE KNOW YOU'RE NOT, AND WE APPRECIATE
8 YOU BEING HERE VOLUNTEERING -- NOT NECESSARILY TO VOLUNTEER BUT
9 PUTTING YOUR TIME IN ON THE CASE. WE CAN'T DO IT WITHOUT, AND
10 WE APPRECIATE THAT.
11 IT'S IMPORTANT THAT WE GET PEOPLE THAT WE BELIEVE TO
12 BE FAIR AND IMPARTIAL. PEOPLE THAT WILL FOLLOW THE EVIDENCE
13 AND PROVIDE A VERDICT THAT SPEAKS THE TRUTH IN THE CASE, AND
14 I'M CONFIDENT AFTER TALKING TO YOU PEOPLE THAT YOU'RE THE GROUP
15 THAT CAN DO THAT FOR US.
16 LET ME TELL YOU A LITTLE BIT ABOUT HOW WE GOT HERE TO
17 THIS STAGE OF THE PROCEEDING. THERE WAS A GRAND JURY THAT WAS
18 IMPANELED AND I DON'T GET TO GO THERE. MR. DANIELS DIDN'T GET
19 TO GO THERE.
20 PROCEDURALLY THE WAY IT'S SET UP IS MR. MCBURNEY AND
21 HIS ASSOCIATES GET TO GO AND THEY PRESENT WHAT EVIDENCE THEY
22 WANT TO PRESENT, AND IN RESPONSE TO THAT THE GRAND JURY
23 RETURNED AN INDICTMENT CHARGING MR. DANIELS AND OTHERS WITH
24 CERTAIN CRIMES. IT'S ONLY A PROCEDURAL MECHANISM THAT'S
25 REQUIRED TO OCCUR SO WE GET TO THIS POINT.

20
1 AGAIN, I DIDN'T GET TO GO THERE. I DIDN'T QUESTION
2 WITNESSES. I DIDN'T PRESENT WITNESSES. IT'S NOT EVIDENCE OF
3 GUILT. IT'S A PROCEDURAL MECHANISM THAT'S REQUIRED BEFORE WE
4 CAN GET TO THIS POINT, BEFORE WE CAN GET TO A TRIAL.
5 THE POINT I'M TRYING TO MAKE IS JUST BECAUSE MR.
6 DANIELS IS HERE IS CERTAINLY NOT ANY EVIDENCE OF GUILT. THAT'S
7 TO BE DECIDED THROUGH THIS TRIAL.
8 A LOT OF TIMES WHAT HAPPENS IS THERE IS AN INCREDIBLY
9 SLANTED VERSION OF EVENTS THAT GETS PRESENTED TO THE GRAND
10 JURY. THEY DON'T GET TO HEAR EVERYTHING. THAT'S THE POINT OF
11 IT.
12 WHERE DO WE GO FROM HERE? MR. MCBURNEY SORT OF
13 OUTLINED WHERE WE GO FROM HERE. WE'LL GET EVIDENCE FROM
14 WITNESSES THAT TAKE THE STAND AND THERE WILL BE SOME EXHIBITS
15 FOR YOU TO CONSIDER. WE GET A CHANCE TO GET UP AND MAKE
16 CLOSING STATEMENTS AGAIN. THE LAWYERS WILL SORT OF SUM UP THE
17 CASE, GIVE YOU THEIR VERSION OF WHAT THEY THINK THE EVIDENCE
18 CONSISTS OF.
19 AT THE APPROPRIATE TIME THE JUDGE WILL INSTRUCT YOU
20 ON WHAT SHE FEELS IS THE APPROPRIATE PRINCIPLES OF LAW THAT YOU
21 SHOULD CONSIDER AND SHOULD GUIDE YOUR DELIBERATIONS, AND THEN
22 THE DIFFICULT PART STARTS FOR YOU, WE ARE GOING TO PASS IT ON
23 TO YOU TO DECIDE WHAT'S FAIR, WHAT'S TRUTHFUL, YOU KNOW, WHAT
24 THE VERDICT SHOULD BE IN THE CASE.
25 PERIODICALLY YOU MAY SEE ME RAISE OBJECTIONS. I

21
1 OBJECT. YOU MAY SEE IT ON TV. I DON'T THINK TOO MANY OF YOU
2 HAVE TRIAL EXPERIENCE BUT ONE OR TWO OF YOU MAY HAVE BEEN IN
3 COURT BEFORE, BUT OBJECT, YOUR HONOR. I'M NOT TRYING TO HIDE
4 ANYTHING. I'M NOT TRYING TO BE DISRUPTIVE, BUT IT'S MY
5 RESPONSIBILITY TO ENSURE THAT THE PROSECUTORS PLAY BY THE
6 RULES.
7 WE HAVE RULES OF EVIDENCE AND WE HAVE RULES OF
8 PROCEDURE, AND IT'S MY RESPONSIBILITY ON BEHALF OF MR. FLEMING
9 TO ENSURE THAT THOSE RULES ARE FOLLOWED.
10 IF I FEEL LIKE THEY'RE BEING VIOLATED IT'S MY
11 RESPONSIBILITY TO ALERT THE JUDGE WHO OF COURSE ULTIMATELY WILL
12 DECIDE WHETHER OR NOT THE RULES ARE BEING VIOLATED. SO
13 PERIODICALLY YOU MAY SEE ME RAISE AN OBJECTION.
14 FLEMING IS CHARGED IN TWO COUNTS IN THIS INDICTMENT.
15 TWO COUNTS. I THINK IT'S AN EIGHT OR MULTICOUNT INDICTMENT,
16 BUT HE'S CHARGED IN TWO OF THEM.
17 IN COUNT 1 IT IS ALLEGED THAT HE PARTICIPATED IN A
18 CONSPIRACY. IN SUMMARY THEY SAY HE ENTERED INTO AN AGREEMENT
19 AND AN UNDERSTANDING WITH A GROUP OF OTHERS TO KNOWINGLY AND
20 INTENTIONALLY POSSESS COCAINE WITH INTENT TO DISTRIBUTE IT.
21 THAT'S WHAT THE FIRST COUNT SAYS. IT'S A CONSPIRACY COUNT.
22 IN COUNT 5, HE'S NOT NAMED IN 2, 3 AND 4, BUT IN
23 COUNT 5 IT IS ALLEGED THAT MR. DANIELS, AIDED AND ABETTED BY
24 SOME OTHER FOLKS, GH ALSO KNOWN AS GINO, AND TF, DID
25 INTENTIONALLY POSSESS WITH INTENT TO DISTRIBUTE 500 GRAMS OF

22
1 COCAINE. I THINK IT'S ROUGHLY 18 OUNCES. I DID THE MATH BUT I
2 BELIEVE IT'S ABOUT 18 OUNCES.
3 BASICALLY WHAT THEY SAY IS HE WAS IN A CONSPIRACY
4 WHICH IS A SEPARATE COUNT WITH A GROUP OF OTHERS, AND THAT
5 THERE WAS A SUBSTANTIVE COUNT THAT HE DID ON ONE OCCASION
6 POSSESS WITH INTENT TO DISTRIBUTE ABOUT 19 OUNCES, 500 GRAMS.
7 LET ME TELL YOU ABOUT THE DEFENSE IN THE CASE. JUST
8 AS STATED THE DEFENSE IS THAT FLEMING DANIELS NEVER ENTERED
9 INTO ANY SUCH AGREEMENT OR CONSPIRACY WITH ANYBODY. THAT NEVER
10 HAPPENED.
11 LET ME BREAK THE CASE DOWN A LITTLE BIT FOR YOU. THE
12 PROSECUTION HAS BROUGHT A CONSPIRACY CASE, AND, CONSEQUENTLY,
13 IN ORDER TO OBTAIN A CONVICTION OF FLEMING ON THE CONSPIRACY
14 THE GOVERNMENT MUST PROVE, AND YOU'VE HEARD THE TERM, BEYOND A
15 REASONABLE DOUBT. THE JUDGE WILL TELL YOU AT THE APPROPRIATE
16 TIME WHAT THAT MEANS. THAT'S THE BURDEN OF PROOF IN A CRIMINAL
17 CASE.
18 THEY MUST PROVE THE EXISTENCE ON AN AGREEMENT TO
19 ACHIEVE AN UNLAWFUL OBJECTIVE, EXISTENCE OF AN AGREEMENT TO
20 ACHIEVE AN UNLAWFUL OBJECTIVE, AND IN THIS CASE THEY SAY THE
21 UNLAWFUL OBJECTIVE WAS TO POSSESS WITH INTENT TO DISTRIBUTE
22 COCAINE.
23 SECONDLY, THEY MUST PROVE FLEMING'S KNOWING AND
24 VOLUNTARY PARTICIPATION IN THIS CONSPIRACY. THAT HE KNOWINGLY
25 AND VOLUNTARILY PARTICIPATED IN THIS AGREEMENT TO ACHIEVE AN

23
1 UNLAWFUL OBJECTIVE; AND, THIRD, THEY MUST PROVE THE COMMISSION
2 OF AN OVERT ACT IN FURTHERANCE OF THE CONSPIRACY. IN OTHER
3 WORDS, SOMETHING WAS DONE THAT FURTHERS THE AIM OR THE GOAL OF
4 THE CONSPIRACY.
5 IT'S A LOT MORE COMPLICATED THAN THAT, BUT IN A
6 NUTSHELL, THOSE ARE THE THREE ELEMENTS THAT THE GOVERNMENT MUST
7 PROVE BEYOND A REASONABLE DOUBT BEFORE YOU WOULD BE AUTHORIZED
8 TO CONSIDER CONVICTING FLEMING OF CONSPIRACY.
9 AS CONCERNS FLEMING THERE NEVER WAS ANY AGREEMENT
10 WITH ANYONE TO BE INVOLVED IN A CONSPIRACY TO POSSESS WITH
11 INTENT TO DISTRIBUTE COCAINE. IF SUCH A CONSPIRACY EXISTED, IF
12 SUCH A CONSPIRACY EXISTED, FLEMING DANIELS WAS NOT PART OF IT.
13 THESE ARE THE FACTS IN THE CASE. OVER THE YEARS
14 FLEMING HAS BEEN INVOLVED WITH A VARIETY OF PEOPLE INCLUDING
15 ENTERTAINERS, PRIMARILY RAP STARS, AND THESE ARE WHAT ARE
16 REFERRED TO AS GANGSTER RAPPERS. THESE ARE RAPPERS. I USE THE
17 TERM MUSICIANS LOOSELY BUT THEY ARE RAPPERS WHO WRITE ABOUT AND
18 RAP ABOUT ILLEGAL ACTIVITIES, VIOLENCE, GUNS, SEX.
19 EVERYBODY HAS SEEN IT. YOU KNOW WHAT I'M TALKING
20 ABOUT. THEY PRESENT A GANGSTER IMAGE. THEY TRY TO KEEP IT
21 REAL. THEY STAY GANGSTERED UP.
22 YOU SAY WHY WOULD ANYBODY DO THAT? BECAUSE THAT'S
23 WHAT THE KIDS WANT TO HEAR. THAT'S WHAT KIDS WANT TO HEAR.
24 IT'S REBELLIOUS. THE WHOLE MESSAGE IS ANTIESTABLISHMENT.
25 THAT'S WHAT SOME KIDS ARE INTO IN THEIR FORMATIVE YEARS.

24
1 PROMOTERS, RECORD COMPANIES, RAP STARS, OF COURSE
2 THEY TAP INTO THIS AND THEY SELL MILLIONS OF DVD'S AND CD'S AND
3 MAKE MILLIONS ON CONCERTS AND THINGS LIKE THAT. KIDS BUY IT.
4 YOUR KIDS BUY IT. MY KIDS BUY IT. THEY USED TO BUY IT.
5 THEY'RE A LITTLE OLD FOR THAT NOW.
6 THERE IS NOTHING NEW ABOUT THIS, ABOUT KIDS BEING
7 REBELLIOUS. WE WENT THROUGH IT. IN THE EARLY 60'S WHEN I WAS
8 IN COLLEGE BOB DYLAN WAS RAPPING. WE DIDN'T CALL IT RAPPING,
9 BUT THAT'S WHAT HE WAS DOING IN THE 60'S. HIS LYRICS WERE NOT
10 AS GRAPHIC AS SOME OF THEM ARE NOW. HE WAS NOT AS VIOLENT, BUT
11 WE WERE INTO IT. HE TALKED ABOUT DRUGS, ANTIESTABLISHMENT
12 STUFF. THAT'S WHAT HE WAS DOING AND THAT'S WHAT THESE RAPPERS
13 ARE DOING NOW. DYLAN SUCCESSFULLY MADE A LIFETIME CAREER OUT
14 OF IT. HE'S BEEN VERY SUCCESSFUL AT IT.
15 AND MANY OF THESE RAPPERS THAT I'M TALKING ABOUT,
16 THESE GANGSTER RAPPERS HAVE BEEN VERY SUCCESSFUL, AND THEY
17 GENERATE HUGE AMOUNTS OF MONEY. THEY NOT ONLY SELL THESE CD'S
18 BUT THEY DO LIVE PERFORMANCES ALL OVER THE COUNTRY.
19 APPARENTLY THIS GROUP BLACK MAFIA FAMILY EVEN FILLS
20 PHILIPS ARENA. BLEU DAVINCI THAT'S A NAME YOU'LL HEAR. LIL JZ
21 IS A NAME THAT YOU'LL HEAR. APPARENTLY THESE GROUPS ARE
22 CAPABLE OF EVEN FILLING PHILIPS ARENA.
23 ANYWAY, THESE PEOPLE THEY LIVE FAST. THEY PARTY
24 HARDY. THEY TRAVEL WITH ENTOURAGES. OFTENTIMES ENTOURAGES
25 THAT INCLUDE SECURITY BECAUSE THERE'S A LOT OF MONEY AND

25
1 THERE'S A LOT OF JEWELRY INVOLVED WITH THESE PEOPLE. THEY'RE
2 BIG TIME. THEY'RE FLASHY. THEY THROW MONEY AROUND. THAT'S
3 HOW THEY LIVE.
4 IN FACT VIRTUALLY EVERY CELEBRITY NOWADAYS
5 UNFORTUNATELY OUR CULTURE BEING WHAT IT IS TRAVELS WITH
6 SECURITY. EVERYBODY DOES. ATHLETES, MOVIE STARS,
7 ENTERTAINERS, THEY HAVE THEIR ENTOURAGE AND THEY ALWAYS HAVE
8 THEIR SECURITY. IT'S JUST THE WAY IT IS NOWADAYS, AND THIS IS
9 WHAT FLEMING USED TO DO.
10 HE PROVIDED SECURITY AND SUPPORT FOR VARIOUS ROCK
11 GROUPS, ENTERTAINERS AND ENTERTAINMENT GROUPS. AS I SAY BLEU
12 DAVINCI, LIL JZ. IN FACT IN THE DISCOVERY THEY GAVE ME WHICH
13 IS DEA REPORTS AND OTHER POLICE REPORTS, I SAW MULTIPLE
14 REFERENCES TO PUFFY COMBS, SEAN PUFFY COMBS. APPARENTLY HE'S
15 GOOD FRIENDS WITH SOME OF THE PEOPLE THAT ARE INVOLVED HERE.
16 I EVEN SAW ONE REFERENCE TO JENNIFER LOPEZ. I
17 THOUGHT WELL MAYBE SHE'LL COME UP TO COURT HERE, BUT I KIND OF
18 DOUBT THAT.
19 IT'S VITAL TO THE SUCCESS OF A GANGSTER RAPPER TO
20 HAVE WHAT THEY CALL CREDIBILITY. STREET CRED THEY CALL IT.
21 KEEPING IT REAL. OF COURSE OTHERWISE IF THEY DON'T HAVE THAT
22 REPUTATION, KIDS WON'T BUY THEIR STUFF. THEY'RE CONSIDERED
23 RATHER THAN REAL GANGSTER RAPPERS, THEY'RE CONSIDERED WHAT THEY
24 CALLED STUDIO GANGSTERS. THEY'RE NOT REAL. NOBODY WANTS TO
25 BUY MUSIC OR A DVD FROM A STUDIO GANGSTER AND THEY WON'T COME
26
1 TO THE CONCERTS. THEY WON'T BE CONSIDERED LEGIT.
2 WELL, SOME OF THESE GROUPS CROSS THE LINE AND BECOME
3 INVOLVED IN ILLEGAL ACTIVITIES, AND FROM WHAT I CAN PIECE
4 TOGETHER THAT'S WHY FLEMING IS HERE TODAY.
5 ONE OF THE GROUPS THAT HE WAS ASSOCIATED WITH
6 PROVIDED SECURITY AND SUPPORT FOR AN ENTERTAINMENT GROUP KNOWN
7 AS KNOWN THE BLACK MAFIA FAMILY ENTERTAINMENT GROUP. I GUESS
8 THEY CAN PHILIPS ARENA. WHATEVER. BUT THEY PROMOTED
9 THEMSELVES AS THE BMF.
10 THEY'VE HAD QUITE A WEBSITE ON THE INTERNET, AND THIS
11 GROUP CROSSED THE LINE APPARENTLY AND BECAME INVOLVED IN DRUGS,
12 OR ALTERNATIVELY THIS GROUP WAS ALREADY INVOLVED IN DRUGS AND
13 GOT INVOLVED IN ENTERTAINMENT. I'M NOT SURE WHAT CAME FIRST.
14 BUT THEY AT SOME POINT IN TIME BECOME INVOLVED IN THE
15 RAP INDUSTRY, AND FLEMING WAS ASSOCIATED WITH THESE PEOPLE AND
16 INVOLVED IN THIS GROUP FOR THE PURPOSE OF PROVIDING SECURITY
17 AND OTHER SUPPORT AND TO FACILITATE THEIR MUSIC ACTIVITIES.
18 HE TRAVELED WITH SOME OF THEM. HE ATTENDED PARTIES
19 WITH THEM AND RAP CONCERTS, BUT HE NEVER ENTERED INTO ANY
20 AGREEMENT TO POSSESS WITH INTENT TO DISTRIBUTE ANY COCAINE WITH
21 ANY OF THESE PEOPLE. HE ALWAYS BELIEVED THAT HE WAS EITHER
22 PROVIDING LEGITIMATE SECURITY OR OTHER TYPE OF SUPPORT THAT
23 FACILITATED THEIR LEGAL ACTIVITIES.
24 YOU KNOW THERE MAY BE SOME PROOF THAT ON OCCASION HE
25 WENT TO SOME WILD PARTIES, CONCERTS, BUT HE HAD THESE HIGH

27
1 ROLLER CLIENTS WHO SPENT MILLIONS OR HUNDREDS OF THOUSANDS OF
2 DOLLARS ON JEWELRY AND THEY TRAVELED AND THEY PARTIED FAST AND
3 THEY PARTIED LOOSE, BUT FLEMING NEVER KNOWINGLY AND WILLINGLY
4 CONDUCTED ANY ILLEGAL ACTIVITIES ON BEHALF OF OR IN FURTHERANCE
5 OF ANY DRUG CONSPIRACY.
6 WHEN SOME OF THESE BLACK MAFIA FAMILY PEOPLE THAT
7 WERE PAWNING THEMSELVES OFF AS ENTERTAINERS WERE ARRESTED, WHAT
8 HAPPENS IS THE AUTHORITIES THROW A WIDE NET. THEY JUST ROUND
9 UP EVERYBODY. WHICH IS NORMALLY WHAT THEY DO, THEY ROUND UP
10 EVERYBODY. THEY THROW A BIG NET AND THAT'S WHAT HAPPENED.
11 THEY SAW HIM SAW, SAW HIS NAME, SAW HIS PICTURE IN
12 SOME PAPERS, SAW THAT HE HAD SOME MONEY ON HIM ON OCCASION.
13 THEY THREW THE NET OVER HIM, YOU KNOW, JUST AS MR. MCBURNEY
14 SAID IN HIS OPENING STATEMENT, I THINK WHAT HE'S TRYING TO TELL
15 YOU IS HE DIDN'T HAVE ANY DRUGS ON HIM. THEY DON'T HAVE ANY
16 WIRETAPS ON HIM.
17 NOBODY IS GOING TO SAY THAT HE BROUGHT OTHER THAN I
18 THINK HE SAID ON ONE OCCASION THAT HE LOADED THE CAR UP WITH
19 DRUGS AND UNLOADED THE CAR WITH MONEY, ANYTHING LIKE THAT,
20 THAT'S WHAT THEY'RE TRYING TO TELL YOU, BUT THEY THREW THE NET
21 OVER HIM ANYWAY AND THEY ROUNDED HIM UP.
22 YOU KNOW YOU DON'T BECOME A CRIMINAL JUST BECAUSE YOU
23 ASSOCIATE WITH SOME BAD PEOPLE. AT SOME APPROPRIATE TIME I'M
24 CONFIDENT THE JUDGE WILL TELL YOU THAT BEFORE YOU WOULD BE
25 AUTHORIZED TO CONVICT FLEMING OF THE CONSPIRACY THE GOVERNMENT

28
1 MUST PROVE BEYOND A REASONABLE DOUBT THAT HE WAS A WILLING
2 PARTICIPANT IN THE CONSPIRACY AND NOT JUST A KNOWING SPECTATOR,
3 BUT THEY MUST PROVE THAT HE WAS A WILLING PARTICIPANT.
4 I RESPECTFULLY REQUEST THAT YOU SEE THAT FLEMING GETS
5 A FAIR TRIAL. THAT'S WHAT THE BOTTOM LINE IS HERE, AND HE'S
6 JUDGED ON HIS CONDUCT, NOT WHAT YOU MAY HEAR SOME OTHER PERSON
7 DID. THE GOVERNMENT SELECTS WHO THEY CHOOSE TO BRING CHARGES
8 AGAINST. THEY SELECT WHO THEY CHOOSE TO PUT ON THE INDICTMENT
9 WITH THE PERSON.
10 MANY TIMES THEY HAVE A VERY WEAK CASE AGAINST AN
11 INDIVIDUAL, SO THEY PUT THEM ON THE INDICTMENT WITH SOMEBODY
12 THEY HAVE A VERY STRONG CASE AGAINST HOPING THAT YOU WILL LOSE
13 THIS CONCEPT OF PERSONAL ACCOUNTABILITY AND JUST THROW HIM IN
14 THE STEW BECAUSE HE WAS THERE WITH EVERYBODY. THAT'S NOT FAIR
15 AND I'M CONFIDENT THAT THAT'S NOT WHAT YOU'RE GOING TO DO.
16 LET ME TALK TO YOU A LITTLE BIT ABOUT CREDIBILITY OF
17 WITNESSES. IN FEDERAL COURT WHEN PEOPLE GET CONVICTED OF VERY
18 SERIOUS CRIMES, THEY GET LONG SENTENCES, AND THEY DO HARD TIME
19 IN FEDERAL PENITENTIARIES. THESE AREN'T COUNTRY CLUBS. THE
20 FEDERAL PRISON IS NO COUNTRY CLUB.
21 SO WHEN PEOPLE GET CONVICTED AND THEY GET LONG
22 SENTENCES, THE FIRST THING THEY DO AFTER THE SHOCK WEARS OFF IS
23 THEY LOOK FOR A WAY TO IMPROVE THEIR SITUATIONS. SUCH A
24 PROCEDURE EXISTS AND IT'S CALLED PROVIDING SUBSTANTIAL
25 ASSISTANCE TO THE GOVERNMENT, SUBSTANTIAL ASSISTANCE.

29
1 AS IT RELATES TO THIS CASE, A PERSON WHO HAS BEEN
2 CONVICTED OF A CRIME CAN ACTUALLY HAVE HIS SENTENCE SHORTENED
3 CONSIDERABLY IF HE'LL TESTIFY FOR THE GOVERNMENT AGAINST
4 ANOTHER DEFENDANT.
5 OF COURSE WHEN THEY GET TO PRISON THEY LEARN ABOUT
6 THIS PROCEDURE. YOU MEAN I WAS LOOKING AT 30 YEARS OR 20 YEARS
7 AND NOW I CAN GET OUT IN ABOUT HALF THE TIME IF I CAN GET ON
8 THAT TRAIN. THEY SAY WHAT CAN I DO TO HELP, WHAT DO YOU NEED
9 ME TO SAY, AND WE'VE GOT SOME OF THAT GOING ON IN THIS CASE.
10 IT HAPPENS ALL THE TIME IN THESE KIND OF CASES. SOME
11 OF THE SENTENCES -- SOME OF THE DEFENDANTS IN THIS CASE WERE
12 FACING UP TO LIFE IN PRISON. IN FACT ONE OF THEM APPARENTLY
13 WAS A CONVICTED MURDERER. HE'S GOING TO COME IN AND PUT HIS
14 HAND ON THE BIBLE AND SWEAR HE'S TELLING THE TRUTH NOW.
15 OF COURSE THEY'RE FACING LIFE AND 20 AND 30 YEARS
16 UNTIL THEY CUT THAT SWEET LITTLE DEAL WITH THE GOVERNMENT, AND
17 IF THEY TESTIFY AS THE GOVERNMENT EXPECTS THEY'LL TESTIFY, THEN
18 THE GOVERNMENT WILL MOVE THE COURT TO REDUCE THE SENTENCE.
19 MR. MCBURNEY TOLD YOU IT'S UP TO THE JUDGE
20 ULTIMATELY. THAT'S KIND OF HALF THE TRUTH OF IT. THE JUDGE
21 DOESN'T GET TO DECIDE THAT UNLESS MR. MCBURNEY ASKS HER TO DO
22 THAT. HE HAS TO FILE THE APPROPRIATE PLEADINGS OR MOTIONS
23 BEFORE THE JUDGE CAN EVEN CONSIDER REDUCING A MANDATORY MINIMUM
24 SENTENCE. UNLESS HE DOES THAT, THE JUDGE DOESN'T HAVE ANY
25 DISCRETION.
30
1 SO, YOU KNOW, THESE WITNESSES ARE LIKE PUPPETS ON A
2 STRING OR PUPPIES ON A LEASH. THESE ARE CAREER CRIMINALS.
3 THEY'VE MADE A LIFETIME OUT OF CRIME. THEY'RE MURDERERS, DRUG
4 DEALERS, AGENTS OF FRAUD, ALL KIND OF THINGS.
5 I'M GOING TO TELL YOU THEY DIDN'T ALL OF A SUDDEN
6 FIND THE LORD WHEN THEY GOT TO PRISON AND BECOME GOOD
7 CITIZENS. THEY HAVE AN AGENDA, AND THE REASON THAT THEY'RE
8 DOING THESE THINGS IS THEY WANT TO GET OUT OF JAIL. THEY WANT
9 25 YEARS REDUCED DOWN TO 10. THEY WANT 30 DOWN TO 15. THEY
10 WANT TO GET OUT OF PRISON.
11 SO, YOU KNOW, JUST CONSIDER THEIR MOTIVATION FOR
12 COZYING UP TO THE GOVERNMENT WHEN THEY TESTIFY, AND I'LL DO MY
13 BEST TO TRY TO POINT OUT TO YOU WHAT THE DEALS ARE. WHAT THEY
14 WERE LOOKING AT BEFORE THEY CUT THESE NICE LITTLE DEALS.
15 A COUPLE OF POINTS OF LAW. EVERYBODY HAS HEARD OF
16 PRESUMPTION OF INNOCENCE. IT'S THE GOLDEN THREAD THAT
17 PERMEATES THE CRIMINAL JUSTICE SYSTEM THAT WE HAVE IN OUR
18 COUNTRY. I'VE MADE MY WHOLE LIFETIME CAREER OUT OF WORKING
19 IT. I LOVE IT. I'M PROUD OF IT. RESPECTFULLY I'M NOT A TOUR
20 GUIDE. I'M AN OFFICER OF THE COURT. IT'S MY RESPONSIBILITY TO
21 HELP YOU TO GET TO THE TRUTH OF IT.
22 THE PRESUMPTION OF INNOCENCE GIVES EVERYBODY -- EVERY
23 DEFENDANT CHARGED WITH A CRIME HAS THE PRESUMPTION OF
24 INNOCENCE. IT STAYS WITH THAT PERSON UNLESS AND UNTIL THE
25 GOVERNMENT PROVES EVERY ESSENTIAL ELEMENT OF EVERY CRIME THEY

31
1 HAVE CHARGED BEYOND A REASONABLE DOUBT.
2 THE BURDEN OF PROOF ALWAYS ON THE GOVERNMENT. NEVER
3 SHIFTS AT ANY POINT IN TIME TO A DEFENDANT TO PROVE HIS OR HER
4 INNOCENCE. THE BURDEN OF PROOF IS ALWAYS ON THE GOVERNMENT,
5 AND THEY MUST PROVE IT BEYOND A REASONABLE DOUBT.
6 I'M CONFIDENT, LADIES AND GENTLEMEN, AT THE CLOSE OF
7 THE CASE AFTER YOU HEAR THE EVIDENCE, YOU HEAR THE WITNESSES,
8 I'M CONFIDENT THAT A VERDICT OF NOT GUILTY WILL BE APPROPRIATE
9 IN THIS CASE.
10 AGAIN, LADIES AND GENTLEMEN, I APPRECIATE YOUR TIME
11 AND THE INCONVENIENCE WE HAVE IMPOSED ON YOU BY HAVING TO MAKE
12 YOU COME HERE, BUT I DO APPRECIATE IT, AND, AGAIN, WE CAN'T GET
13 THIS DONE WITHOUT YOUR HELP. THANK YOU VERY MUCH.
14 THE COURT: DO COUNSEL WISH THE RULE OF
15 SEQUESTRATION?
16 MS. SCHANSMAN: YES, YOUR HONOR.
17 THE COURT: DO YOU HAVE ANY WITNESSES? I DON'T
18 BELIEVE YOU HAVE ANY PRESENT IN THE COURTROOM AT THIS TIME.
19 MR. MCBURNEY: THAT'S THE CASE AGENT BUT THAT'S THE
20 EXCEPTION.
21 THE COURT: EXCEPT FOR THE CASE AGENT, RIGHT.
22 ANYBODY ON THIS FLOOR AT THIS TIME.
23 MR. MCBURNEY: NO. THERE MAY BE PEOPLE SEATED
24 OUTSIDE. IF WE SEE SOMEONE COME IN, WE'LL LET THEM KNOW, AND
25 WE'LL ALSO LET WITNESSES KNOW GOING FORWARD THAT UNTIL WE

32
1 INVITE THEM IN, THEY'RE TO STAY OUT.
2 THE COURT: AND YOU DON'T HAVE ANYBODY OUT IN THE
3 WITNESS ROOM NOW, DO YOU?
4 MR. O'BRIEN: NO, MA'AM, BUT WE WOULD INVOKE THE
5 RULE.
6 THE COURT: THE RULE WILL BE INVOKED, AND COUNSEL ARE
7 DIRECTED TO MAKE YOUR WITNESSES AWARE OF THAT FACT, AND THAT
8 THEY ARE NOT TO DISCUSS THIS CASE OR THEIR TESTIMONY WITH
9 ANYONE EXCEPT FOR COUNSEL FOR EITHER SIDE OR THE CASE AGENT.
10 CALL YOUR FIRST WITNESS.
11 MR. MCBURNEY: THE GOVERNMENT CALLS SPECIAL AGENT
12 HARVEY.
13 THE CLERK: PLEASE RAISE YOUR RIGHT HAND TO TAKE THE
14 OATH.
15 JOHN F. HARVEY,
16 HAVING BEEN DULY SWORN, WAS EXAMINED AND TESTIFIED AS FOLLOWS:
17 THE CLERK: IF YOU WILL HAVE A SEAT, PLEASE, AND
18 STATE YOUR FULL NAME FOR THE RECORD AND SPELL YOUR LAST NAME
19 ALSO.
20 THE WITNESS: MY NAME IS JOHN F. HARVEY,
21 H A R V E Y.
22 DIRECT EXAMINATION
23 BY MR. MCBURNEY:
24 Q. GOOD MORNING, AGENT HARVEY.
25 A. GOOD MORNING.
33
1 Q. WHERE DO YOU WORK?
2 A. I WORK IN THIS BUILDING WITH THE U.S. DRUG ENFORCEMENT
3 ADMINISTRATION, DEA.
4 Q. DEA. THAT'S WHAT I WAS GETTING AT. HOW LONG HAVE YOU
5 BEEN WITH THE DEA?
6 A. FOR ALMOST 24 YEARS.
7 Q. ALWAYS DOWN HERE IN ATLANTA?
8 A. HIRED OUT OF BOSTON, ASSIGNED TO ATLANTA IN 1984, SO
9 PRETTY MUCH ENTIRE CAREER HERE.
10 Q. DO YOU HAVE ANY CONNECTION TO THE DEA'S INVESTIGATION INTO
11 THE BLACK MAFIA FAMILY?
12 A. YES, I AM THE DEA CASE AGENT ON THE BMF INVESTIGATION.
13 Q. WHAT DOES IT MEAN TO BE THE CASE AGENT; HELP THE JURY
14 UNDERSTAND A LITTLE BIT WHAT THAT MEANS?
15 A. IT JUST MEANS LIKE THE LEAD INVESTIGATOR. I COORDINATE
16 WITH OTHER AGENCIES OR WITH OTHER DEA OFFICES IN OTHER STATES,
17 AND SOMETIMES I GET ASSISTANCE FROM OTHER AGENTS IN MY GROUP
18 WHEN NECESSARY. I WORK WITH A GROUP OF ABOUT 14 AGENTS.
19 Q. I WANT TO EXPLORE A COUPLE OF THINGS YOU JUST SAID. YOU
20 SAID THAT SOMETIMES YOU COORDINATE WITH OTHER AGENCIES. WHAT
21 DO YOU MEAN; IS THAT LOCAL POLICE?
22 A. YES, IN THIS CASE AND NORMALLY IN A CASE IF THE CASE IS,
23 YOU KNOW, GOOD SIZED, I'LL AT SOME POINT HAVE SOME CONTACT WITH
24 AT LEAST ONE OR TWO LOCAL POLICE DEPARTMENTS LIKE DEKALB COUNTY
25 NARCOTICS OR ATLANTA POLICE, AND I'LL ALSO WORK WITH FEDERAL

34
1 AGENCIES LIKE ICE WHICH IS IMMIGRATION AND CUSTOMS OR THE FBI,
2 AND THEN SOMETIMES I'LL WORK WITH OTHER DEA OFFICES FROM
3 DETROIT, LOS ANGELES.
4 Q. THAT WAS THE SECOND THING I WANTED TO EXPLORE. YOU
5 ALLUDED TO THAT FACT. WERE THERE OTHER DEA OFFICES WITH WHICH
6 YOU WERE COORDINATED AS PART OF THE LARGER BMF INVESTIGATION?
7 A. YES, IN THE COURSE OF THIS INVESTIGATION, I'VE WORKED WITH
8 SEVERAL OTHER DEA OFFICES THROUGHOUT THE COUNTRY.
9 Q. COULD YOU TELL THE JURY WHICH THOSE ARE, THE ONES THAT YOU
10 WORKED WITH MOST REGULARLY?
11 A. MOST REGULARLY I WOULD SAY DETROIT, ORLANDO. TO A LESSER
12 EXTENT GREENVILLE, LOS ANGELES, MIAMI, ST. LOUIS, NEW YORK.
13 Q. AS PART OF THE DEA'S INVESTIGATION INTO THE BLACK MAFIA
14 FAMILY, WERE THERE ANY DRUG SEIZURES?
15 A. YES, THERE WERE SEVERAL DRUG SEIZURES IN THIS CASE, YES.
16 Q. PUT SOME SCOPE ON THOSE FOR THE JURORS, DRUG SEIZURES OF
17 ONE OUNCE, A HUNDRED OUNCES; WHAT ARE WE TALKING ABOUT?
18 A. WELL, THEY WERE AMOUNTS THAT WE CONSIDER SIGNIFICANT.
19 QUANTITIES LIKE THERE WAS 113 KILOS IN ONE INSTANCE SEIZED IN
20 MISSOURI. TEN KILOS SEIZED IN MICHIGAN --
21 Q. YOU'RE REFERRING TO EVERYTHING AS KILOS. FIRST, KILOS OF
22 WHAT?
23 A. KILOS OF COCAINE AND A KILO IS A KILOGRAM, A THOUSAND
24 GRAMS.
25 Q. IS THAT A TYPICAL UNIT OF COMMERCE, IF YOU WILL, FOR

35
1 COCAINE BASED ON YOUR EXPERIENCE?
2 A. YES, IT IS. FOR SOME REASON COCAINE HAS ALWAYS BEEN
3 MEASURED IN KILOGRAMS, WHEREAS MARIJUANA WE ALWAYS TALK IN
4 TERMS OF POUNDS. A KILO IS 2.2 POUNDS.
5 Q. THESE KILOS OF COCAINE ARE THEY TYPICALLY IN BAGS OR
6 POWDER ON A TABLE; HOW ARE THOSE KILOS STRUCTURED, IF YOU WILL?
7 A. THEY ARE IN VARIOUS KINDS OF WRAPPING, USUALLY PLASTIC
8 WRAPPING CALLED KILO WRAPPERS. IT'S HARD. IT'S SOLID. IT'S
9 LIKE A BRICK. IT IS IN POWDER FORM BUT SOMETIMES IT'S SO SOLID
10 THAT YOU HAVE TO HIT IT WITH A HAMMER TO ACTUALLY BREAK IT UP.
11 Q. YOU REFER TO IT AS A BRICK. WHEN IT IS COMPRESSED SORT OF
12 WHEN YOU'RE DESCRIBING IT AND WRAPPED, ARE THESE BALLS; WHAT
13 ARE THEY SHAPED LIKE?
14 A. THEY ARE SHAPED -- I'VE SEEN DIFFERENT SHAPES, BUT USUALLY
15 IT'S SOMETHING PRETTY CLOSE TO A SQUARE. SOMETIMES I'VE SEEN
16 THEM RECTANGULAR BUT USUALLY SQUARE BRICKS.
17 Q. YOU'VE DESCRIBED SOME OF THE DRUG SEIZURES THAT WERE PART
18 OF THE OVERALL BMF INVESTIGATION. WERE THERE ALSO MONEY OR
19 PROPERTY SEIZURES IN CONNECTION WITH YOUR BMF INVESTIGATION?
20 A. YES, THERE HAVE BEEN SEVERAL LARGE MONEY SEIZURES IN THIS
21 CASE USUALLY ON VEHICLE STOPS, SOMETIMES IN SEARCH WARRANTS
22 EXECUTED AT VARIOUS HOUSES, BUT THERE HAVE BEEN QUANTITIES OF
23 CASH RANGING FROM OVER A MILLION DOLLARS AT ONE TIME, 648,000,
24 588,000, 200,000.
25 Q. THOSE FIGURES YOU'RE CITING ARE DIFFERENT SEIZURES?

36
1 A. YES, DIFFERENT SEIZURES, NOT ALL MADE IN GEORGIA BUT ALL
2 RELATED TO THE BMF.
3 Q. AS A RESULT OF THE DEA'S BMF INVESTIGATION WERE
4 INDICTMENTS BROUGHT?
5 A. YEAH, THERE HAVE BEEN A FEW INDICTMENTS IN THIS CASE
6 STARTING IN 2005. I'M FAMILIAR WITH THE INDICTMENTS THAT WAS
7 UNSEALED IN OCTOBER OF 2005 THAT NAMED 25 INDIVIDUALS. THAT
8 WAS RETURNED TO THE EASTERN DISTRICT OF MICHIGAN.
9 Q. WHICH IS?
10 A. DETROIT.
11 Q. OKAY.
12 A. AND AT THE SAME TIME THERE WERE EIGHT INDIVIDUALS INDICTED
13 IN ORLANDO.
14 Q. ULTIMATELY THERE WAS AN ATLANTA BMF INDICTMENT?
15 A. THERE WAS. IN THIS CASE THE INDICTMENT IN THIS CASE WHICH
16 NAMED 16 INDIVIDUALS WAS RETURNED IN JULY OF 2007, AND THERE
17 HAVE BEEN OTHER INDICTMENTS.
18 DETROIT HAD TWO ADDITIONAL INDICTMENTS, AND THERE WAS
19 AN -- I CONSIDER IT A RELATED INDICTMENT IN ATLANTA THAT NAMES
20 20 INDIVIDUALS. THAT CONCERNED A FRAUD CASE INVOLVING
21 AUTOMOBILES BUT IT HAD STRONG LINKS TO THE BLACK MAFIA FAMILY,
22 AS WELL.
23 Q. OKAY. MR. DANIELS, THOUGH, IS NAMED ONLY IN THIS PRESENT
24 INDICTMENT, THE ONE IN JULY OF 07, THE 16 DEFENDANT ONE?
25 A. THAT'S CORRECT.
37
1 Q. DURING THE COURSE OF THE DEA'S INVESTIGATION, THE DEA'S
2 INVESTIGATION OF BMF, WERE THERE ANY COCAINE SEIZURES DIRECTLY
3 FROM DEFENDANT DANIELS, HIS CAR, HIS HOUSE, ANYTHING LIKE THAT?
4 A. NO DRUG SEIZURES, NO.
5 Q. I WANT YOU TO SHARE WITH THE JURY A LITTLE BIT, WE'RE NOT
6 GOING TO GO INTO A LOT OF DETAIL, BUT SOME OF THE HIGHLIGHTS OF
7 THE INVESTIGATIVE STEPS HERE IN ATLANTA THAT LED UP TO THE
8 INDICTMENT IN THIS CASE.
9 WHAT GOT THE BALL ROLLING, IF YOU WILL, WITH YOUR
10 INVESTIGATION, DEA'S INVESTIGATION INTO THE BMF'S ACTIVITIES,
11 BLACK MAFIA FAMILY'S ACTIVITIES HERE IN ATLANTA?
12 A. WHAT I CONSIDER THE FIRST SIGNIFICANT INCIDENT WAS
13 SEPTEMBER 7TH OF 2003 WHICH WAS WHEN A CITY OF ATLANTA SEARCH
14 WARRANT WAS EXECUTED AT A RESIDENCE HERE IN MIDTOWN ATLANTA 409
15 ANGIER COURTS.
16 POLICE THERE WERE INVESTIGATING A HOME INVASION, AND
17 THEY EXECUTED A SEARCH WARRANT IN THE COURSE OF INVESTIGATING
18 THE HOME INVASION AND UNCOVERED A KILOGRAM OF COCAINE AND A LOT
19 OF RECORDS THAT PERTAINED TO WHAT WAS FOUND TO BE A FRAUDULENT
20 AUTOMOBILE LEASING OPERATION.
21 INCLUDED AMONG THE PAPERWORK FROM THAT OPERATION
22 WHICH WAS CALLED EXQUISITE EMPIRE WAS A LIST OF BMF CUSTOMERS
23 AND BMF VEHICLES. THAT WAS THE FIRST TIME THAT I HAD SEEN BMF
24 IN BLACK AND WHITE, AND AT THAT POINT WHEN I BECAME AWARE OF
25 THAT CASE, I BEGAN TO COORDINATE MORE SO WITH THE ATLANTA

38
1 POLICE AND WITH THE FBI.
2 Q. SO WE'RE CLEAR ON THE STATEMENT YOU MADE OF BMF CUSTOMERS,
3 THIS IS CUSTOMERS FOR THESE VEHICLES?
5 Q. WHEN YOU SAY A FRAUDULENT VEHICLE IS THIS A VOLKSWAGEN
6 THAT SAYS PORSCHE ON IT AND THAT'S WHY IT'S FRAUDULENT? WHAT
7 DO YOU MEAN BY FRAUDULENT VEHICLE IN A NUTSHELL?
8 A. NO, IT INVOLVED STRAW BUYERS. IT WAS JUST A SYSTEM WHERE
9 INDIVIDUALS WHO HAD CASH TO SPEND BUT DID NOT HAVE CREDIT TO
10 OBTAIN BANK LOANS WOULD HAVE OTHER PEOPLE, THE STRAW, OBTAIN
11 THE LOAN, GET THE VEHICLE FOR A PRICE, FOR CASH PAYMENTS OF
12 MAYBE A THOUSAND DOLLARS, AND THEN THE ACTUAL PERSON WHO WANTED
13 TO DRIVE THE CAR WOULD GET POSSESSION OF THE VEHICLE, AND IT
14 WOULD NOT BE A VOLKSWAGEN. IT WAS USUALLY SOMETHING REAL NICE
15 LIKE A PORSCHE CAYENNE, CHRYSLER 300, BMW X5.
16 Q. MY VOLKSWAGEN IS VERY NICE. THANK YOU.
17 BUT I HAVE GOOD CREDIT, YOU HAVE BAD CREDIT, YOU WANT
18 THE PORSCHE CAYENNE, FOR SOME REASON I'M WILLING TO GET THE
19 CAYENNE IN MY NAME. YOU'RE PAYING ME FOR THAT AND YOU GET TO
20 DRIVE THE CAR?
21 A. YES, I WIND UP WITH A NICE CAR AND NO PAPER TRAIL LINKING
22 ME TO THAT CAR. IF SOMEONE HAPPENED TO SEE THE LICENSE PLATE,
23 THEY WOULD NEVER BE ABLE TO TRACE IT TO ME BE WHICH IS WHAT I
24 IN MY POSITION WITH BAD CREDIT BUT LOTS OF CASH WANTS.
25 Q. OKAY. THAT'S SEPTEMBER 2003. WHAT'S THE NEXT MAJOR EVENT

39
1 IN YOUR INVESTIGATION INTO THE BMF COCAINE ACTIVITY?
2 A. TWO MONTHS LATER, NOVEMBER 17TH, 2003, I PARTICIPATED IN
3 AN EXECUTION OF A SEARCH WARRANT AT A PLACE IN LITHONIA,
4 GEORGIA, 6086 BELLAIRE LAKE ROAD. IT'S SOMETHING THAT -- IT'S
5 A BIG HOUSE, A MILLION DOLLAR HOUSE CALLED THE WHITE HOUSE.
6 Q. YOU'RE SAYING IT'S CALLED THE WHITE HOUSE. DOES IT SAY
7 THAT ON THE BUILDING? WHY ARE YOU CALLING IT THE WHITE HOUSE?
8 A. AT THE TIME ACTUALLY I DIDN'T KNOW IT WAS KNOWN AS THE
9 WHITE HOUSE, BUT SINCE THAT SEARCH WARRANT AND OTHER EVENTS,
10 I'VE INTERVIEWED NUMEROUS, PROBABLY A DOZEN OF SO WITNESSES WHO
11 REFER TO 6086 BELLAIRE LAKE ROAD AS THE WHITE HOUSE. THAT WAS
12 ITS NICKNAME.
13 Q. OKAY. AND WHO WAS IT THAT LAW ENFORCEMENT SUSPECTED WAS
14 OCCUPYING OR USING THIS HOUSE?
15 A. LAW ENFORCEMENT BELIEVED THE WHITE HOUSE OR 6086 BELLAIRE
16 LAKE ROAD TO BE THE RESIDENCE OF DEMETRIUS FLENORY A/K/A MEECH,
17 THE ALLEGED HEAD OF BMF ALONG WITH HIS BROTHER TERRY FLENORY,
18 BIG T.
19 THEY WERE TWO DETROIT NATIVES WHO WERE KNOWN THROUGH
20 OUR INVESTIGATION TO HAVE MOVED OUT OF DETROIT. TERRY, THE
21 YOUNGER BROTHER, TO LOS ANGELES; AND MEECH, DEMETRIUS, THE
22 OLDER BROTHER, THEY'RE SEPARATED BY A YEAR, DEMETRIUS MOVED TO
23 ATLANTA AND SET UP SHOP IN ATLANTA.
24 Q. DEMETRIUS FLENORY YOU SAID HAS WHAT CONNECTION TO THE BMF?
25 A. HE IS THE CO-LEADER ALONG WITH HIS BROTHER.

40
1 Q. AND DEMETRIUS WAS MORE COMMONLY KNOWN BY WHAT NAME TO
2 PEOPLE WHO WERE INVOLVED?
3 A. DEMETRIUS FLENORY IS KNOWN FAR AND WIDE AS MEECH, BIG
4 MEECH OR MEECHIE.
5 Q. WHAT DID THE SEARCH OF THE WHITE HOUSE YIELD?
6 A. THE SEARCH OF THE WHITE HOUSE -- FIRST OF ALL, IT WAS ONLY
7 OCCUPIED BY ONE PERSON AND THAT PERSON WAS NOT ARRESTED. THE
8 SEARCH --
9 Q. I WANT TO STOP YOU FOR A SECOND. WHEN YOU SAY OCCUPIED
10 BY, WHAT DO YOU MEAN, YOU ONLY FOUND ONE PERSON THERE?
11 A. I MEAN WHEN WE HIT THE HOUSE, THERE WAS ONLY ONE PERSON
12 INSIDE THE HOUSE AT THAT TIME, AND THAT WAS A PERSON NAMED
13 INNOCENT GUERVILLE. HE WAS HIDING IN A CLOSET. WE SECURED HIM
14 BUT WE DID NOT ARREST HIM.
15 THE SEARCH OF THE HOUSE UNCOVERED THINGS LIKE A MONEY
16 COUNTER, POLICE RADIO SCANNER --
17 Q. WHAT'S A POLICE RADIO SCANNER?
18 A. JUST A DEVICE THAT CAN DEPENDING ON ITS EFFECTIVENESS
19 INTERCEPT POLICE COMMUNICATIONS IN ORDER TO EVADE POLICE
20 INVESTIGATION. THAT WOULD BE ONE PURPOSE OF IT. SOME
21 JEWELRY --
22 Q. YOU SAY SOME JEWELRY, TEN DOLLARS WORTH OF JEWELRY?
23 A. THE JEWELRY WAS APPRAISED AT A VALUE OF 123,000 DOLLARS.
24 SOME OF IT INCLUDED BMF MEDALLIONS. THERE WERE BMF T-SHIRTS
25 AND JUST -- THERE WERE SOME CD'S. THERE WERE PHOTOGRAPHS THAT
41
1 INCLUDED PHOTOGRAPHS OF DEMETRIUS FLENORY AND TERRY FLENORY.
2 Q. THE FLENORY BROTHERS YOU'VE MENTIONED THEM A COUPLE OF
3 TIMES. THEY'RE NOT IN THIS INDICTMENT. ARE THEY IN THE
4 DETROIT INDICTMENT?
5 A. YES, THEY WERE NAMED IN THAT 25 DEFENDANT DETROIT
6 INDICTMENT THAT WAS RETURNED IN 2005.
7 Q. YOU WERE GOING THROUGH WHAT YOU FOUND IN THE WHITE HOUSE
8 WHEN IT WAS SEARCHED.
9 A. YES.
10 Q. ANYTHING ELSE OF NOTE TO THE INVESTIGATION?
11 A. THERE WAS SOME I.D. DOCUMENTS, AND THERE WERE HANDWRITTEN
12 NOTEBOOKS THAT WE CONSIDERED TO BE LEDGERS REFLECTING DRUG
13 DEALING AND WE LATER CONFIRMED THAT THROUGH INTERVIEWS.
14 Q. WERE THERE ANY DOCUMENTS -- YOU SAID SOME I.D. DOCUMENTS.
15 THIS MAY BE WHAT I'M ASKING ABOUT. WERE THERE ANY DOCUMENTS
16 FOUND AT THE WHITE HOUSE CONCERNING THE OWNERSHIP OR
17 REGISTRATION OF CARS, MOTOR VEHICLES?
18 A. YES, THERE WAS ALL KINDS OF TITLES AND REGISTRATIONS,
19 INSURANCE PAPERWORK. A LOT OF THE VEHICLES THAT WERE NOT
20 PRESENT AT THE HOUSE, JUST THE PAPERWORK ON THE VEHICLES THAT
21 WERE PRESENT AT THE HOUSE, AND A LOT OF NAMES ON THAT PAPERWORK
22 THAT AT THE TIME WERE NOT FAMILIAR TO ME.
23 MR. MCBURNEY: JUDGE, I'M GOING TO NEED TO APPROACH
24 AGENT HARVEY THROUGHOUT THE DIRECT EXAMINATION. I'M GOING TO
25 BE DOING SOME SHUTTLING IF I MAY?

42
1 THE COURT: ALL RIGHT. YOU MAY.
2 MR. MCBURNEY: THANK YOU.
3 BY MR. MCBURNEY:
4 Q. AGENT HARVEY, I'M SHOWING YOU GOVERNMENT'S EXHIBITS 1, 2
5 AND 3. IF YOU'D LET ME KNOW IF YOU RECOGNIZE THOSE?
6 A. EXHIBIT 1 IS JUST A PHOTOGRAPH OF THE WHITE HOUSE, 6086
7 BELLAIRE LAKE ROAD, LITHONIA, GEORGIA TAKEN FROM THE OUTSIDE.
8 Q. TWO?
9 A. TWO IS A PHOTOGRAPH OF THAT ONE INDIVIDUAL WHO WAS AT THE
10 HOUSE THAT DAY. HIS NAME IS INNOCENT GUERVILLE. WE SNAPPED
11 HIS PHOTO.
12 Q. AND THREE?
13 A. AND THREE IS PHOTOCOPIES OF SOME OF THE PAPERWORK
14 PERTAINING TO THE VEHICLES THAT WAS TAKEN OUT OF THE HOUSE.
15 Q. YOU SAY PHOTOCOPIES, DO YOU KNOW WHERE THE ORIGINALS OF
16 THOSE PHOTOCOPIES ARE?
17 A. THE ORIGINALS WENT TO DEA DETROIT.
18 Q. OKAY. ARE THOSE FAIR AND ACCURATE COPIES OF THE PHYSICAL
19 EVIDENCE THAT WAS SENT UP TO DETROIT FOR THEIR MATTER?
20 A. YES, THEY ARE.
21 Q. AND THE TWO PICTURES YOU DESCRIBED, THOSE ARE FAIR AND
22 ACCURATE REPRESENTATIONS OF THE TWO THINGS YOU DESCRIBED. THE
23 WHITE HOUSE AND I'LL CALL HIM DEFENDANT GUERVILLE?
24 A. YES.
25 Q. I CALLED HIM DEFENDANT GUERVILLE. IS HE A DEFENDANT IN

43
1 THIS CASE, THE ATLANTA INDICTMENT?
2 A. HE IS A DEFENDANT IN THE ATLANTA INDICTMENT, BUT HE IS A
3 FUGITIVE.
4 Q. OKAY.
5 MR. MCBURNEY: JUDGE, AT THIS TIME THE GOVERNMENT
6 TENDERS GOVERNMENT'S EXHIBITS 1 THROUGH 3.
7 MR. O'BRIEN: NO OBJECTION.
8 THE COURT: THEY ARE ADMITTED.
9 MR. MCBURNEY: I'M GOING TO HOLD ON TO 3, AND I'M
10 GOING TO SEE IF I CAN GET THIS TO WORK.
11 BY MR. MCBURNEY:
12 Q. AGENT HARVEY, THIS IS GOVERNMENT'S EXHIBIT 1. WHAT IS
13 THAT?
14 A. THAT IS THE WHITE HOUSE, 6086 BELLAIRE LAKE ROAD.
15 Q. THAT'S WHERE YOU FOUND ALL THESE THINGS WHERE YOU JUST
16 DESCRIBED, THE JEWELRY, PICTURES OF MEECH THE DOCUMENTS?
18 Q. AND SECOND GOVERNMENT'S EXHIBIT 2, WHO'S THAT?
19 A. THAT IS INNOCENT GUERVILLE A/K/A FIFTY.
20 Q. AND THAT'S THE GUY YOU FOUND IN THE HOUSE?
21 A. YES.
22 Q. WAS THERE A TIME IN YOUR INVESTIGATION AFTER THE SEARCH OF
23 THE WHITE HOUSE AND THE DISCOVERY OF THESE VEHICLE DOCUMENTS
24 GOVERNMENT'S EXHIBIT 3, THE REGISTRATIONS, ET CETERA, THAT THEY
25 BECAME SIGNIFICANT TO YOUR INVESTIGATION?

44
1 A. YES, WHAT WOUND UP HAPPENING WITH THE FOUR -- THERE WAS A
2 TOTAL OF 19 VEHICLES THAT WERE IDENTIFIED IN THE PAPERWORK.
3 WITHIN THE FOLLOWING EIGHT MONTHS AFTER THAT SEARCH WARRANT,
4 SEVEN, EIGHT MONTHS, FOUR OF THOSE VEHICLES WOUND UP BEING
5 STOPPED ON TRAFFIC STOPS IN VARIOUS PLACES ACROSS THE COUNTRY
6 MICHIGAN, MISSOURI, GEORGIA FROM WHICH SIGNIFICANT AMOUNTS OF
7 EITHER CASH OR COCAINE WERE SEIZED, AND THERE WAS A 5TH STOP
8 THAT DID NOT RELATE TO ONE OF VEHICLES BUT IT DID RELATE TO ONE
9 OF THE NAMES THAT WAS ON ONE OF THE OTHER FOUR VEHICLES.
10 Q. THERE'S ONLY ONE OF THE STOPS CONCERNING THOSE VEHICLES
11 THAT I WANT TO GET INTO ANY DETAIL ON.
12 WHEN WAS THE FIRST STOP THAT RELATED TO THE DOCUMENTS
13 SEIZED IN THE WHITE HOUSE?
14 A. THE FIRST ONE OCCURRED ON MARCH 16TH OF 2004 IN MISSOURI.
15 THAT WAS A 1999 LINCOLN LIMOUSINE. THE PAPERWORK ON THAT
16 VEHICLE WAS FOUND AT THE HOUSE. THE VEHICLE WAS STOPPED ON
17 I-44 OUTSIDE ST. LOUIS TRAVELING WESTBOUND.
18 AFTER THE LIMOUSINE WAS STOPPED, IT WAS FOUND TO BE
19 DRIVEN BY AN INDIVIDUAL NAMED JABARI HAYES, AND A SEARCH OF
20 THAT VEHICLE UNCOVERED TRAPS IN THE VEHICLE, AND INSIDE THE
21 TRAPS WAS 588,000 DOLLARS IN SUSPECTED DRUG PROCEEDS THAT WERE
22 SEIZED.
23 Q. QUESTIONS ABOUT THAT. FIRST, YOU SAID WESTBOUND, SO AWAY
24 FROM ATLANTA THIS CAR WAS GOING?
25 A. YES, CORRECT.
45
1 Q. SECOND, YOU CALLED THESE THINGS TRAPS. WE'LL HEAR A LOT
2 ABOUT TRAPS, BUT JUST THIS ONE TIME FROM YOU DESCRIBE TO THE
3 JURORS WHAT A TRAP IS, HOW IT WORKS?
4 A. WELL, THERE'S A VARIETY OF TRAPS FROM CRUDE TO VERY, VERY
5 SOPHISTICATED --
6 Q. IN THIS CASE DID THE DEA ENCOUNTER SOPHISTICATED TRAPS OR
7 CRUDE TRAPS?
8 A. VERY SOPHISTICATED, VERY, VERY DIFFICULT TO LOCATE AND TO
9 OPEN. IT REQUIRES WHAT THE DRUG TRAFFICKERS CALL THE
10 COMBINATION. SOME PEOPLE KNOW THE COMBINATION, SOME DON'T, AND
11 IF YOU DON'T KNOW THE COMBINATION IT'S LIKE TRYING TO OPEN A
12 SAFE. AT LEAST FOR ME I HAVE A VERY HARD TIME WITH GETTING
13 INTO THEM OTHER THAN WITH A HAMMER AND A CROWBAR.
14 Q. WHEN SAY A COMBINATION, IS THERE JUST A DIAL ON THE
15 PASSENGER DOOR, AND IF YOU KNOW THE NUMBERS THEN OUT COMES THE
16 COCAINE?
17 A. NO, IT'S NOT LIKE THAT, BUT IT'S LIKE YOU HAVE TO KNOW HOW
18 TO ACTIVATE THE MECHANISM THAT WILL OPEN THE TRAP. IT MIGHT BE
19 TURN ON THE DEFROSTER AND PUT ON THE CRUISE CONTROL AND PUT THE
20 AUTOMATIC RIGHT REAR WINDOW DOWN AND THAT WOULD DO IT DEPENDING
21 ON HOW IT'S MADE BY THE PERSON WHO INSTALLS THE TRAP.
22 Q. SO MR. HAYES WAS DRIVING THIS CAR AND THE PAPERWORK FOR
23 THAT CAR WAS IN THE WHITE HOUSE?
25 Q. 588,000 DOLLARS. WAS MR. HAYES ARRESTED AT THAT TIME?

46
1 A. HE WAS ARRESTED ONLY BECAUSE OF THE -- HE HAD A BENCH
2 WARRANT FOR SOME MISDEMEANOR. I THINK HE SPENT MAYBE AN HOUR
3 OR TWO IN CUSTODY IN ST. LOUIS, BUT HE GOT RIGHT BACK OUT
4 BECAUSE HE WAS NOT CHARGED IN CONNECTION WITH A DRUG CONSPIRACY
5 OR ANYTHING LIKE THAT.
6 Q. THE HALF MILLION DOLLARS HE JUST LEFT BEHIND?
7 A. YES, HE CLAIMED NOT TO HAVE KNOWLEDGE OF THAT MONEY.
8 Q. DID THE INVESTIGATION ENCOUNTER OR DID MR. HAYES ENCOUNTER
9 THE INVESTIGATION ONE MONTH LATER?
10 A. YES, WHAT HAPPENS WITH REGARD TO JABARI HAYES WAS A MONTH
11 LATER IN THE SAME AREA OF ST. LOUIS THIS TIME TRAVELING
12 EASTBOUND IN A MOTORHOME HE WAS STOPPED AGAIN. IT WAS EASTER
13 SUNDAY, APRIL 11TH, 2004 IN THE AFTERNOON AND A SEARCH OF THE
14 MOTORHOME REVEALED 113 KILOGRAMS OF COCAINE.
15 HAYES AT THAT TIME WAS USING A DIFFERENT NAME, BUT
16 THE INVESTIGATORS DID ARREST HIM ON THAT OCCASION AND THEY
17 LEARNED -- HE EVENTUALLY DID GIVE HIS CORRECT NAME, BUT HE HAD
18 SHOWED A TENNESSEE DRIVER'S LICENSE WHICH HE HAD OBTAINED SINCE
19 THE MONEY SEIZURE.
20 Q. I WANT TO SHOW YOU GOVERNMENT'S EXHIBIT 12-A. DO YOU
21 RECOGNIZE THAT?
22 A. YES, THAT IS THE -- THAT'S A FACSIMILE OF THE TENNESSEE
23 DRIVER'S LICENSE DISPLAYED BY JABARI HAYES ON APRIL 11TH OF
24 2004. IT'S IN THE NAME KENNETH TOREY COLLINS.
25 MR. MCBURNEY: GOVERNMENT TENDERS EXHIBIT 12-A.

47
2 THE COURT: IT'S ADMITTED.
3 BY MR. MCBURNEY:
4 Q. THIS IS 12-A. FIRST, THE PHOTO WHO IS THAT A PICTURE OF,
5 IF YOU KNOW?
6 A. THAT IS JABARI HAYES.
7 Q. BUT THE NAME IS KENNETH TOREY COLLINS?
8 A. YES.
9 Q. I GUESS IT WOULDN'T WORK FOR ME BUT IF SOMEONE LOOKED LIKE
10 MR. HAYES OR MR. HAYES HIMSELF HANDED THAT DRIVER'S LICENSE TO
11 A POLICE OFFICER IF HE WAS PULLED OVER FOR SPEEDING, WHAT
12 HAPPENS WHEN THAT LICENSE NUMBER OR NAME ARE ENTERED INTO THE
13 SYSTEM, IF YOU KNOW?
14 A. YES, I KNOW. IT WOULD CHECK OUT. KENNETH TOREY COLLINS
15 HAS A PERFECTLY CLEAN RECORD, NO TRAFFIC VIOLATIONS, NO
16 CRIMINAL VIOLATIONS, AND IT'S A VALID LICENSE.
17 THAT'S NOT SOMETHING THAT WOULD BE OBTAINED AT A FLEA
18 MARKET. THOSE LICENSES -- I MEAN THAT IS A DIFFERENT VARIETY
19 OF FALSE I.D. THAT WHEN THE POLICE RUN THOSE THEY SEE THERE'S
20 SOMETHING WRONG, BUT THESE TENNESSEE LICENSES ARE VALID AND
21 CURRENTLY ISSUED.
22 Q. WAS MR. HAYES FROM NASHVILLE, TENNESSEE?
23 A. NO, NOT AT ALL.
24 Q. YOU MENTIONED SOMETHING ABOUT ACQUIRING THIS AFTER THE
25 FIRST STOP OF THE HALF MILLION DOLLARS AWAY FROM ATLANTA AS

48
1 OPPOSED TO THE DRUGS COMING TOWARDS ATLANTA.
2 WHAT'S THE ISSUE DATE OF MR. HAYES' SLASH MR.
3 COLLINS' DRIVER'S LICENSE?
4 A. THE ISSUE DATE OF MARCH 25TH, 2004 THAT WOULD HAVE BEEN
5 JUST A WEEK AFTER THE STOP WHICH WAS -- THE MONEY STOP WHICH
6 WAS 3-16 OF 04.
7 Q. SO AFTER THE MONEY STOP WHERE IN TIME IN RELATION TO THE
8 113 KILOS?
9 A. LET'S SEE THE 113 KILOS WAS APRIL 11TH. SO APPROXIMATELY
10 TWO AND A HALF WEEKS.
11 Q. BEFORE OR AFTER?
12 A. THE DRUGS WERE SEIZED AFTER THE COLLINS' LICENSE WAS
13 OBTAINED.
14 Q. THANK YOU.
15 WITHOUT GOING INTO MUCH DETAIL, YOU SAID THERE WERE
16 THREE OTHER VEHICLES WHOSE PAPERWORK WAS FOUND IN THE WHITE
17 HOUSE THAT THEN POPPED UP IN THE COURSE OF THE DEA'S
18 INVESTIGATION INTO THE BMF'S COCAINE CONSPIRACY.
19 A. YES.
20 Q. WHAT WAS FOUND IN THOSE CARS IF THAT'S WHAT THE ENCOUNTER
21 INVOLVED SEARCHING THE CARS?
22 A. THE FIRST OF THE THREE OTHER INCIDENTS WAS ON APRIL 5TH,
23 2004 IN MISSOURI, AGAIN --
24 Q. I DON'T MEAN TO CUT YOU OFF. IF MR. O'BRIEN WANTS THAT
25 LEVEL OF DETAIL, HE CAN ASK YOU.

49
1 WHAT WAS FOUND IN THE CARS THAT WERE STOPPED?
2 A. JUST THE THREE WERE EIGHT KILOS OF COCAINE, 200,000 IN
3 CASH IN GEORGIA, EIGHT KILOS OF COCAINE IN MISSOURI AND TEN
4 KILOS OF COCAINE IN MICHIGAN.
5 Q. SO DRUG STOPS, ONE MONEY STOP?
6 A. YES, CORRECT.
7 Q. WAS DEFENDANT DANIELS DRIVING ANY OF THOSE CARS?
8 A. HE WAS NOT.
9 Q. LET'S MOVE TO JUNE 2004. WHAT EVENT OF SIGNIFICANCE
10 OCCURRED IN JUNE THAT YOU AND THE DEA WOULD HAVE COVERED, NOT
11 NECESSARILY DRUG RELATED BUT SOME BMF EVENT?
12 A. OKAY. JUNE 21ST OF 2004 I WAS ON SURVEILLANCE WITH OTHERS
13 FROM ATLANTA POLICE PRIMARILY OF AN EVENT. IT WAS A BIRTHDAY
14 PARTY. IT WAS MEECH'S BIRTHDAY PARTY. HE THREW JUST A MAJOR
15 PARTY AT THE COMPOUND.
16 Q. WHEN YOU SAY MAJOR PARTY, YOU ATTENDED NOT IN THE SENSE
17 THAT MEECH INVITED YOU, BUT YOU WERE SOMEHOW PRESENT CHECKING
18 THINGS OUT. JUST DESCRIBE FOR THE JURY BRIEFLY WHY YOU CALL IT
19 A LAVISH PARTY OR WHATEVER WORDS YOU USED?
20 A. IT WAS VERY WELL ATTENDED, AND IT FEATURED AMONG OTHER
21 THINGS WILD ANIMALS, ZOO ANIMALS. THE THEME OF THE PARTY WAS
22 MEECH OF THE JUNGLE.
23 Q. SPEAKING OF THAT, I WANT TO SHOW YOU GOVERNMENT'S EXHIBIT
24 4. DO YOU RECOGNIZE THAT?
25 A. YES, THIS IS THE FLIER PROMOTING THE PARTY. IT SAYS

50
1 BMF --
2 Q. YOU DON'T NEED TO READ IT. YOU'RE FAMILIAR WITH THAT?
3 A. YES, I'M FAMILIAR WITH IT.
4 Q. OKAY. THAT'S A PHOTOCOPY. IS THAT THE FORM IN WHICH THE
5 DEA OBTAINED IT, OR IS THERE AN ORIGINAL GLOSSARY FLIER AND
6 HERE WE HAVE A COPY?
7 A. NO, THIS IS THE ONLY COPY THAT WE OBTAINED, AND IT IS THE
8 ACTUAL -- I THINK THIS IS THE ACTUAL ONE. IT LOOKS JUST LIKE
9 THE ONE THAT I WAS GIVEN BY SOMEONE.
10 Q.
11 MR. MCBURNEY: GOVERNMENT TENDERS EXHIBIT 4.
14 BY MR. MCBURNEY:
15 Q. OKAY. SO THIS IS THE FLIER YOU WERE TALKING ABOUT
16 STARRING MEECH OF THE JINGLE?
17 A. YES, IT IS.
18 Q. THE COMPOUND HAS AN ADDRESS OF BRADY AVENUE. CAN YOU PUT
19 THAT SOMEWHERE --
20 A. IT'S NORTHWEST ATLANTA JUST OFF HOWELL MILL ROAD WEST OF
21 I-75.
22 Q. NOW, THERE'S A NAME IN THE LOWER LEFT-HAND CORNER I JUST
23 CIRCLED. WHAT DOES THAT SAY?
24 A. THAT SAYS BLEU DAVINCI. IT SPELLS BLEU IN AN UNUSUAL WAY,
25 BUT IT'S BLEU DAVINCI.

51
1 Q. IT'S THE FRENCH SPELLING OF BLUE?
2 A. YES.
3 Q. WHO IS HE?
4 A. HE IS AN INDIVIDUAL WHO WAS INDICTED IN THIS CASE. HIS
5 NAME IS -- HIS REAL NAME IS BARIMA PEEWEE MCKNIGHT.
6 Q. SO BARIMA MCKNIGHT EQUALS BLEU DAVINCI?
7 A. YES.
8 Q. WHY, IF YOU KNOW, DOES HE GET THE SPECIAL SHOUTOUT
9 THERE -- FIRST OF ALL, IS THIS A PHOTO OF MEECH?
10 A. YES, THAT IS DEMETRIUS FLENORY, MEECH.
11 Q. AND SOME WILD ANIMALS?
12 A. YES.
13 Q. AND THEN THERE'S THIS NAME BLEU DAVINCI. WHAT IS HIS
14 CONNECTION, IF YOU KNOW, WITH MEECH AND BMF?
15 A. BLEU DAVINCI IS FROM LOS ANGELES, AND HE IS THE ALLEGED
16 ENTERTAINER FOR BMF ENTERTAINMENT. HE'S THE RAP ARTIST THAT
17 THEY -- THAT THE BMF FINANCIALLY PROMOTED AND SUPPORTED IN
18 TERMS OF RAP MUSIC.
19 Q. OKAY. YOU SAY ALLEGED ENTERTAINER. IF I WERE TO GO TO
20 AMAZON AND TYPE IN BLEU DAVINCI, WOULD I IN FACT FIND AN ALBUM
21 OR TWO OR MORE THAT BLEU DAVINCI DID?
22 A. I DON'T THINK HE MADE ANY ALBUMS HIMSELF. HE DID SOME
23 MIXED TAPES SUPPOSEDLY. I JUST -- I CAN'T EVALUATE HIS
24 TALENT BUT --
25 Q. THAT'S NOT MY QUESTION AND IT MAY NOT BE YOUR FIELD OF

52
1 MUSIC. THAT'S NOT WHERE I'M GOING WITH THIS, BUT I WANT TO
2 MAKE IT CLEAR ON BLEU DAVINCI WAS HE IN FACT -- YOU CALLED HIM
3 AN ALLEGED ENTERTAINER, BUT WAS HE IN FACT SOMEONE WHO WOULD
4 TAKE THE STAGE AND SING WHATEVER IT WAS HE WAS SINGING?
5 A. I'VE SEEN PICTURES OF HIM ON STAGE, YES.
6 Q. OKAY. YOU ALSO SAID HE'S A DEFENDANT IN THE ATLANTA BMF
7 INDICTMENT?
8 A. THAT IS CORRECT, YES.
9 Q. THIS PARTY, THOUGH, NO ARRESTS THAT DEA MADE, JUST
10 SURVEILLANCE?
11 A. CORRECT. AND WHEN I SAY I WAS AT THE PARTY, I WAS NOT A
12 GUEST. I WAS IN A VAN OUTSIDE THE PARTY.
13 Q. I DON'T SEE YOUR NAME ON THE INVITATION. YOU DIDN'T
14 ENTERTAIN EITHER?
15 A. NO, I DIDN'T.
16 Q. LET'S MOVE FORWARD IN THE CALENDAR. IN NOVEMBER OF 2004
17 WERE THERE ANY SIGNIFICANT SEARCHES OF OTHER LOCATIONS THAT
18 YOUR INVESTIGATION LED YOU, LED THE DEA TO CONNECT TO BMF DRUG
19 ACTIVITIES?
20 A. YES. WHAT HAPPENED IN NOVEMBER, NOVEMBER 23RD OF 2004, IT
21 WAS TWO DAYS BEFORE THANKSGIVING, A TUESDAY EVENING. WE LAW
22 ENFORCEMENT EXECUTED SEARCH WARRANTS AT TWO LOCATIONS.
23 ONE OF THEM WAS 4363 PARAN PLACE IN NORTHWEST
24 ATLANTA. THE OTHER WAS 1163 BROOKHAVEN NORTH CIRCLE IN
25 NORTHEAST ATLANTA, ACTUALLY DEKALB COUNTY.

53
1 BOTH THOSE SEARCH WARRANTS WERE EXECUTED AT
2 APPROXIMATELY THE SAME TIME.
3 Q. LET'S TALK BOUT THE PARAN PLACE LOCATION FIRST. THE FIRST
4 HOUSE YOU TALKED ABOUT BEING SEARCHED HAD A NAME THE WHITE
5 HOUSE.
6 A. YES.
7 Q. DID YOUR INVESTIGATION CAUSE YOU TO BECOME FAMILIAR WITH A
8 LABEL OR MONIKER THAT WAS GIVEN TO THE PARAN PLACE ADDRESS?
9 A. YES, PARAN PLACE WAS CALLED SPACE MOUNTAIN BECAUSE OF THE
10 LOOK OF THE HOUSE.
11 Q. I WANT TO SHOW YOU GOVERNMENT'S EXHIBITS 5-A AND B. TELL
12 ME IF YOU RECOGNIZE THOSE.
13 A. YES, THESE ARE BOTH AERIAL PHOTOGRAPHS OF 4363 PARAN PLACE
14 A/K/A SPACE MOUNTAIN.
15 Q. ARE THEY FAIR AND ACCURATE DEPICTIONS OF SPACE MOUNTAIN?
17 MR. MCBURNEY: JUDGE, GOVERNMENT TENDERS 5-A AND B.
19 THE COURT: THEY'RE ADMITTED.
20 BY MR. MCBURNEY:
21 Q. IT'S KIND OF HARD TO TELL HOW THAT HOUSE LOOKS. THAT'S
22 RIGHT SIDE UP?
23 A. YEAH, THAT'S CORRECT.
24 Q. THAT'S SPACE MOUNTAIN?
25 A. YES, THAT IT IS. IT'S AT THE MOUNT PARAN ROAD AND PARAN
54
1 PLACE.
2 Q. TELL THE JURORS ABOUT THAT INCIDENT MEANING LAW
3 ENFORCEMENT SEARCH OF SPACE MOUNTAIN AND ANY EVENTS THAT LED UP
4 TO IT WHERE SUSPECTED BMF ASSOCIATES WERE STOPPED?
5 A. THE INVESTIGATION THAT LED TO THE SEARCH OF PARAN PLACE
6 WAS CONDUCTED BY HIDTA WHICH IS MEANS HIGH INTENSITY DRUG
7 TRAFFICKING AREA. IT'S A DIFFERENT GROUP FROM MY OWN GROUP,
8 BUT I WAS IN TOUCH WITH THEM AND COORDINATING WITH THEM.
9 THE SEARCH WARRANT WAS OBTAINED AND EXECUTED ON THAT
10 EVENING. I JOINED THE SEARCH AFTER THE ENTRY HAD BEEN MADE,
11 AND I PARTICIPATED IN THE SEARCH.
12 AGAIN THIS WAS ANOTHER OCCUPATION THAT WAS NOT --
13 ANOTHER LOCATION THAT WAS NOT OCCUPIED AT THE TIME OF THE
14 SEARCH, BUT --
15 Q. I WANT TO STOP YOU FOR A SECOND. YOU USED THE LAW
16 ENFORCEMENT TERM NOT OCCUPIED. WAS IT AN ABANDONED HOUSE OR NO
17 ONE WAS THERE WHEN THE SEARCH WARRANT WAS EXECUTED?
18 A. I DON'T MEAN TO SAY IT WAS AN ABANDONED HOUSE. I JUST
19 MEAN NO ONE WAS THERE WHEN WE HIT THE HOUSE, BUT IT WAS
20 LIVED-IN HOUSE.
21 Q. ALL RIGHT. WHAT WAS FOUND OF INTEREST TO YOUR
22 INVESTIGATION INSIDE SPACE MOUNTAIN IN NOVEMBER OF 2004?
23 A. INSIDE THIS HOUSE WERE A COUPLE OF GUNS, A TENNESSEE I.D.,
24 TENNESSEE DRIVER'S LICENSE OF AN INDIVIDUAL. THE LICENSE WAS
25 IN THE NAME OF DERRICK JERMAINE WILLIAMS. THAT WAS THE SUBJECT

55
1 THAT WE KNEW TO BE CHAD EVERITT BROWN A/K/A J-BO, A/K/A RAP.
2 HE WAS ONE OF THE BMF HIGHER-UPS.
3 Q. SO REAL NAME AS BEST YOU KNOW IS CHAD BROWN?
5 Q. BUT KNOWN AS J-BO?
6 A. CORRECT.
7 Q. IS HE IN ANY OF THE INDICTMENTS WE'VE TALKED ABOUT?
8 A. HE IS. HE'S UNDER --
9 Q. IS HE IN ONE OF THE INDICTMENTS?
10 A. YES, IN DETROIT.
11 Q. OKAY.
12 A. IN ADDITION TO THAT IDENTIFICATION THERE WAS AGAIN A LOT
13 OF BMF CLOTHING AND OTHER PARAPHERNALIA, TWO FIREARMS, TWO
14 VEHICLES INCLUDING ONE OF THE LIMOS OR A LIMO, A HUMMER STRETCH
15 LIMOUSINE AND A WHITE VAN, I THINK IT WAS A FORD VAN, AND A
16 CONTAINER IN THE GARAGE THAT CONTAINED WRAPPINGS THAT WERE
17 TESTED AND FOUND POSITIVE FOR COCAINE RESIDUE.
18 Q. WHEN YOU SAY WRAPPINGS LIKE LITTLE PLASTIC BAGGIES OR
19 DESCRIBE, IF YOU CAN, A LITTLE MORE CLEARLY FOR THE JURY WHAT
20 THAT IS?
21 A. THESE WERE NOT KILO WRAPPERS BUT JUST LONG SORT OF LIKE
22 TAPE, JUST A CLOTH TAPE THAT WAS PROBABLY A HUNDRED FEET LONG
23 JUST WRAPPING THAT WE TOOK OUT OF THE CONTAINER.
24 Q. OKAY. I'M GOING TO STOP YOU. BEFORE THE SEARCH WAS
25 ANYONE STOPPED LEAVING SPACE MOUNTAIN THAT DAY?

56
1 A. YES, BEFORE THE SEARCH WAS EXECUTED ONE INDIVIDUAL WAS
2 FOLLOWED FROM THE HOUSE AND EVENTUALLY WAS PULLED OVER, AND HE
3 IDENTIFIED HIMSELF WITH A TENNESSEE DRIVER'S LICENSE.
4 AT THE TIME LAW ENFORCEMENT DID NOT KNOW THIS
5 PERSON'S REAL IDENTITY. WE NOW KNOW HE WAS A FUGITIVE AT THE
6 TIME FROM ANOTHER DISTRICT, BUT HE SHOWED THE TENNESSEE LICENSE
7 AND HE WAS BRIEFLY DETAINED OR HE WAS DETAINED FOR A WHILE BUT
8 EVENTUALLY HE WAS RELEASED.
9 Q. DO YOU RECALL THE NAME THAT WAS ON THE TENNESSEE DRIVER'S
10 LICENSE?
11 A. YES, THE NAME ON THE LICENSE WAS LESLIE JAMES PARKER.
12 Q. WHO DID THAT TURN OUT TO BE?
13 A. REAL NAME RALPH EDWARD SIMMS, S I M M S.
14 Q. BUT HE WAS LET GO THAT DAY AFTER HE ANSWERED SOME
15 QUESTIONS?
17 Q. WE TALKED ABOUT SOMEONE LEAVING THE HOUSE BEFORE THE
18 SEARCH AND WAS FOLLOWED. DID ANYONE SHOW UP TO SPACE MOUNTAIN
19 DURING THE COURSE OF THE SEARCH?
20 A. YES, THE ONLY PERSON WHO SHOWED UP WHILE WE WERE SEARCHING
21 WAS AN INDIVIDUAL NAMED JOSE CESTERO. HE SAID HE WAS A
22 CONTRACTOR THERE TO DO SOME WORK ON THE HOUSE. HE SAID HE HAD
23 BEEN COMING AND GOING AT THAT LOCATION, AND HE WAS INNOCENT OF
24 WHATEVER WE WERE THERE ABOUT.
25 HE JUST TALKED TO US FOR A WHILE AND THEN HE LEFT.

57
1 HE GAVE HIS NAME AND WE DIDN'T ARREST HIM OR ANYTHING. HE
2 LEFT.
3 Q. WAS MR. CESTERO ABLE TO PROVIDE YOU WITH -- DID HE PROVIDE
4 YOU WITH ANY PHONE NUMBERS THAT HE CONNECTED TO THE DEFENDANT,
5 DEFENDANT DANIELS?
6 A. HE DID, NOT ON THAT EVENING BUT WITHIN THE NEXT TWO
7 MONTHS, I CONTINUED TO COMMUNICATE WITH HIM AND AT ONE POINT HE
8 TOLD ME --
9 MR. O'BRIEN: JUDGE, I WOULD OBJECT TO WHAT HE SAID.
10 IT WOULD BE HEARSAY.
11 MR. MCBURNEY: I WILL REDIRECT THE WITNESS.
12 BY MR. MCBURNEY:
13 Q. WITHOUT GETTING INTO WHAT MR. CESTERO TOLD YOU THAT WOULD
14 BE HEARSAY, MY QUESTION IS DID HE PROVIDE YOU WITH ANY PHONE
15 NUMBERS CONNECTED TO DEFENDANT DANIELS?
16 A. HE DID, TWO NUMBERS.
17 Q. WHAT DID YOU DO WITH THOSE NUMBERS?
18 A. I HAD TO IDENTIFY THE CARRIER OF THOSE NUMBERS. IT WAS
19 T-MOBILE. THEN I SERVED T-MOBILE WITH AN ADMINISTRATIVE
20 SUBPOENA REQUESTING THE SUBSCRIBER NAME FOR THE NUMBERS AND
21 THEY DID RESPOND.
22 Q. I'M GOING TO SHOW YOU THREE EXHIBITS, ONE TAKES US BACK A
23 COUPLE OF MINUTES, 17-A AND 35-A AND B.
24 FIRST ON 17-A WHAT'S THAT?
25 A. 17-A IS A FACSIMILE OF THE TENNESSEE DRIVER'S LICENSE THAT

58
1 WAS DISPLAYED BY RALPH SIMMS IN THE NAME OF LESLIE JAMES PARKER
2 ON THE EVENING OF THE 23RD OF NOVEMBER 2004.
3 MR. MCBURNEY: GOVERNMENT TENDERS 17-A.
6 BY MR. MCBURNEY:
7 Q. THIS LOOKS SIMILAR TO THAT JABARI HAYES ONE.
8 WHO IS IN THE PHOTOGRAPH?
9 A. THAT IS RALPH EDWARD SIMMS A/K/A RALPHIE.
10 Q. BUT THE NAME IS THE LESLIE JAMES PARKER YOU SAID HE GAVE?
12 Q. SAME QUESTION WITH MR. HAYES' I.D. IF MR. PARKER PRESENTED
13 THAT TO LAW ENFORCEMENT AND THEY RAN IT IN THE COMPUTER, WHAT
14 WOULD HAPPEN?
15 A. IT WOULD SHOW A VALID CURRENT TENNESSEE DRIVER'S LICENSE
16 IN THE NAME OF -- IF YOU RAN THE NUMBER YOU'D GET THE NAME
17 LESLIE JAMES PARKER, NO CRIMINAL RECORD.
18 Q. LET'S TALK ABOUT THE OTHER TWO EXHIBITS IN FRONT OF YOU
19 35-A AND B. YOU ALREADY TOLD THE JURY YOU SENT OFF A SUBPOENA
20 TO T-MOBILE TO LEARN ABOUT THE SUBSCRIBER INFORMATION FOR THE
21 TWO NUMBERS THAT MR. CESTERO GAVE YOU.
22 WHAT ARE 35-A AND B?
23 A. THIS IS THE RESPONSE FROM T-MOBILE FOR -- TWO RESPONSES
24 ONE FOR EACH OF THE TWO NUMBERS.
25 Q. ARE THOSE THE STANDARD RESPONSES THAT YOU GET WHEN YOU
59
1 SEEK THAT TYPE OF INFORMATION FROM CELLPHONE SERVICE PROVIDERS?
2 A. YES, PRETTY MUCH. THEY JUST SHOW THE PHONE NUMBER, THE
3 NAME, THE ADDRESS, THE TYPE OF ACCOUNT IN THIS CASE A PREPAY.
4 Q. YOU DON'T NEED TO GET INTO THE CONTENT YET. IT'S NOT IN
5 EVIDENCE YET, BUT MY QUESTION IS THAT'S THE STANDARD FORMAT OF
6 WHAT YOU GET FROM T-MOBILE OR SPRINT OR NEXTEL?
7 A. YES, IT IS.
8 Q. AND THOSE ARE TRUE AND ACCURATE COPIES IF THEY AREN'T IN
9 FACT THE ORIGINALS, THEY MAY BE, OF WHAT YOU GOT FROM T-MOBILE?
10 A. YES, CORRECT.
11 MR. MCBURNEY: GOVERNMENT TENDERS 35-A AND BE.
12 MR. O'BRIEN: NO OBJECTION, YOUR HONOR.
14 LET ME KNOW WHEN YOU'RE AT A GOOD POINT FOR A BREAK?
15 MR. MCBURNEY: YES, JUDGE. WE'LL DO THESE TWO THINGS
16 AND THEN HE'S GOING TO TALK ABOUT ANOTHER HOUSE, SO WE'LL BREAK
17 BEFORE THEN.
18 BY MR. MCBURNEY:
19 Q. THIS IS 35-A. SO THIS IS WHAT YOU GET FROM T-MOBILE AS I
20 UNDERSTAND AS A RESULT OF THE SUBPOENA. WHAT IS THE NAME OF
21 THE SUBSCRIBER OF THAT PHONE NUMBER?
22 A. THE NAME IS SHAMEER JACKSON.
23 Q. WHAT IS THE SUPPOSED HOME ADDRESS OR SUBSCRIBER ADDRESS OF
24 SHAMEER JACKSON?
25 A. 3206 SANTE FE PARKWAY, ATLANTA, GEORGIA.

60
1 Q. I DON'T KNOW, I MAY READ THAT NUMBER A LITTLE
2 DIFFERENTLY. WHATEVER YOU SEE -- LET ME HELP OUT HERE.
3 A. 3202 SANTE FE PARKWAY.
4 Q. ALL RIGHT. AND IF WE MOVE BACK AND THE PHONE NUMBER,
5 WHATEVER IT IS THERE, IT DOESN'T REALLY MATTER, THE 678 ET
6 CETERA WAS WHAT MR. CESTERO GAVE YOU?
7 A. CORRECT.
8 Q. AND LASTLY BEFORE BREAK, 35-B LOOKS LIKE SIMILAR
9 INFORMATION. WHAT IS DIFFERENT ABOUT 35-B FROM 35-A, SAME
10 NAME?
11 A. JUST THE NUMBER.
12 Q. THE PHONE NUMBER?
13 A. YEAH, THE NUMBER IS SLIGHTLY DIFFERENT. THE PHONE NUMBER
14 IS SLIGHTLY DIFFERENT. THE NAME AND THE ADDRESS ARE THE SAME.
15 Q. OKAY. AND THERE IS A DATE OF BIRTH ON BOTH. THE JURORS
16 CAN SEE 35-A WHEN THEY GET THE EVIDENCE, BUT WHAT'S THE DATE OF
17 BIRTH HERE ON OF 35-B?
18 A. JULY 26TH OF 1973.
19 Q. ARE YOU FAMILIAR WITH THE DEFENDANT DANIELS' DATE OF
20 BIRTH?
21 A. YES, THAT IS HIS DATE OF BIRTH.
22 Q. BUT NOT HIS NAME, THAT SAYS SHAMEER JACKSON?
23 A. THAT IS CORRECT.
24 MR. MCBURNEY: WE'RE GOOD FOR RIGHT NOW, JUDGE.
25 THE COURT: WE WILL GO AHEAD AND TAKE A 15-MINUTE

61
1 BREAK, LADIES AND GENTLEMEN. REMEMBER NOT TO DISCUSS THE CASE
2 DURING THE BREAK.
3 (RECESS)
4 THE COURT: YOU MAY PROCEED.
5 MR. MCBURNEY: THANK YOU, JUDGE.
6 BY MR. MCBURNEY:
7 Q. AGENT HARVEY, WHEN WE LEFT OFF YOU WERE DESCRIBING HOW ON
8 I BELIEVE IT WAS NOVEMBER 23RD, A COUPLE OF DAYS BEFORE
9 THANKSGIVING OF 2004, THERE WERE TWO RESIDENCES SEARCHED AS
10 PART OF THE BMF INVESTIGATION HERE IN ATLANTA. ONE WE'VE
11 ALREADY TALKED ABOUT SPACE MOUNTAIN.
12 YOU HAD MENTIONED THAT THERE WAS ANOTHER ONE ON NORTH
13 BROOKHAVEN OR BROOKHAVEN NORTH CIRCLE. THAT'S WHAT I WANT TO
14 TALK ABOUT NEXT. WHOSE HOUSE WAS THAT?
15 A. THIS WAS THE RESIDENCE OF YOLANDA DRAYER A/K/A YOGI, A
16 FEMALE PERSONAL ASSISTANT TO DEMETRIUS FLENORY.
17 Q. MEECH?
18 A. MEECH.
19 Q. WHAT WAS FOUND OF SIGNIFICANCE TO THE INVESTIGATION IN
20 YOGI'S HOUSE?
21 A. THE SEARCH OF YOGI'S HOUSE REVEALED THREE FIREARMS, OVER
22 250,000 DOLLARS IN CASH AND ABOUT OVER 300,000 DOLLARS WORTH OF
23 JEWELRY AND PHOTOGRAPHS.
24 Q. I WANT TO TALK ABOUT THE PHOTOGRAPHS. I'M GOING TO SHOW
25 YOU EXHIBITS 23-A THROUGH D, ALPHA THROUGH DELTA, AND

62
1 GOVERNMENT'S EXHIBIT 33.
2 WITHOUT COMMENTING ON WHAT'S IN THE PHOTOGRAPHS, DO
3 YOU RECOGNIZE THOSE?
4 A. YES, THESE ARE ALL PHOTOS THAT WERE SEIZED ON NOVEMBER
5 23RD, 2004 FROM 1163 BROOKHAVEN NORTH CIRCLE IN ATLANTA.
6 Q. ARE YOU PERSONALLY FAMILIAR WITH WHAT'S IN THOSE PHOTOS;
7 IN OTHER WORDS, DO YOU KNOW WHAT'S GOING ON THERE ONLY BECAUSE
8 SOMEONE TOLD YOU?
9 A. WELL, I KNOW SOME FROM OBSERVATION, BUT I WAS ALSO TOLD
10 WHAT WAS GOING ON. IT'S A 30TH BIRTHDAY PARTY FOR --
11 MR. O'BRIEN: JUDGE, I'M GOING TO OBJECT TO WHAT HE
12 WAS TOLD.
13 MR. MCBURNEY: I WASN'T TRYING TO GET YOU TO TALK
14 ABOUT WHAT WAS IN THE PHOTOGRAPHS. SOMEONE ELSE CAN DO THAT.
15 BY MR. MCBURNEY:
16 Q. THESE AREN'T PHOTOGRAPHS THAT YOU TOOK?
18 Q. BUT THEY ARE PHOTOGRAPHS THAT LAW ENFORCEMENT SEIZED FROM
19 YOGI'S HOUSE?
20 A. CORRECT.
21 Q. OKAY. I'LL TAKE THOSE BACK.
22 ALL RIGHT. ARE THERE ANY OTHER LOCATIONS, HOUSES,
23 RESIDENCES IN ATLANTA THAT YOUR INVESTIGATION LED YOU TO
24 ASSOCIATE WITH THE BMF'S COCAINE CONSPIRACY?
25 A. YES. I CAN THINK OF A FEW.

63
1 Q. WHY DON'T YOU NAME A COUPLE OF THEM AND WE'LL SEE IF WE
2 WANT TO TALK ABOUT THEM?
3 A. OKAY. WELL, 730 MOUNT PARAN ROAD, NORTHWEST ATLANTA.
4 Q. DID THAT -- YOU'VE HAD NAMES FOR ALL THESE PLACES. WE
5 DIDN'T HAVE ONE FOR YOGI'S HOUSE OTHER THAN YOGI'S HOUSE.
6 THIS 730 MOUNT PARAN ROAD DID IT HAVE A GAME?
7 A. YES, IT WAS KNOWN AS THE GATE.
8 Q. OKAY. ANOTHER ONE?
9 A. 5512-N GLENRIDGE DRIVE NORTHSIDE OF ATLANTA THAT WAS KNOWN
10 AS THE ELEVATOR.
11 Q. YOU SAY "N" NOT NORTH, IS THAT SOME TYPE OF CONDO?
12 A. IT'S THE UNIT NUMBER. IT'S CONDOMINIUMS.
13 Q. THAT'S THE ELEVATOR?
14 A. YES.
15 Q. AND ANY OTHERS?
16 A. YEAH, THERE ARE OTHERS. TWO ON PEACHTREE VIEW AGAIN IN
17 BROOKHAVEN. ANOTHER ONE IN LITHONIA 3303 CRYSTAL COVE --
18 Q. CRYSTAL COVE IS ASSOCIATED WITH WHO, IF ANYONE?
19 A. THAT WAS THE RESIDENCE OF BILL MARSHALL, WILLIAM MARSHALL
20 WHO IS A DEFENDANT IN THE -- ACTUALLY IN THE ORLANDO
21 INDICTMENT.
22 Q. YOU HAD MENTIONED TO THE JURORS ABOUT A RELATED ATLANTA
23 INDICTMENT AS TO EXQUISITE EMPIRE. IS BILL MARSHALL ALSO A
24 DEFENDANT IN THE EXQUISITE EMPIRE CASE?
25 A. YES, THAT'S RIGHT, HE'S A DEFENDANT IN THE ORLANDO BMF

64
1 INDICTMENT AND THE ATLANTA EXQUISITE EMPIRE INDICTMENT.
2 Q. ANY LOCATION YOU'RE FAMILIAR WITH ON HABERSHAM VALLEY
3 ROAD?
4 A. YES, I AM. 125 HABERSHAM VALLEY ROAD IN ATLANTA SORT OF
5 IN THE BUCKHEAD AREA, AND THAT'S KNOWN AS THE HORSE RANCH.
6 Q. I WANT TO SHOW YOU GOVERNMENT'S EXHIBITS 6-A THROUGH C AND
7 7-A AND B AND, FINALLY, 8-A THROUGH C.
8 TELL ME FIRST IF YOU RECOGNIZE STARTING WITH 6-A
9 THROUGH C?
10 A. I DO. 6-A THROUGH C ARE AERIAL PHOTOGRAPHS OF 730 MOUNT
11 PARAN ROAD KNOWN AS THE GATE.
12 Q. WAS THE GATE EVER SEARCHED BY LAW ENFORCEMENT?
13 A. NO, IT WAS NOT.
14 Q. ARE THOSE FAIR AND ACCURATE DEPICTIONS FROM THE SKY OF THE
15 GATE?
17 Q. HOW ABOUT 7-A AND B?
18 A. 7-A AND B ARE PHOTOS OF THE ELEVATOR, THE 5512-N GLENRIDGE
19 DRIVE LOCATION.
20 Q. ARE THOSE FAIR AND ACCURATE DEPICTIONS OF THE ELEVATOR?
21 A. THEY ARE.
22 Q. FINALLY 8-A THROUGH C?
23 A. 8-A THROUGH C ARE PHOTOS BOTH AERIAL AND TAKEN FROM THE
24 GROUND OF THE HORSE RANCH, 125 HABERSHAM VALLEY ROAD IN
25 ATLANTA.
65
1 MR. MCBURNEY: JUDGE, THE GOVERNMENT TENDERS 6-A
2 THROUGH C, 7-A AND B AND 8-A THROUGH C.
5 BY MR. MCBURNEY:
6 Q. I'M GOING TO SHOW YOU ONE FROM EACH OF THOSE COLLECTIONS,
7 AGENT HARVEY.
8 6-C, WHAT IS IN 6-C?
9 A. THAT'S 730 MOUNT PARAN ROAD. IT'S KIND OF HARD TO SEE,
10 BUT IT'S AN AERIAL PHOTO THAT WAS TAKEN BACK DURING THE WINTER.
11 Q. OKAY. WHAT'S THIS AREA BACK HERE? THERE'S A LITTLE BIT
12 OF BLUE AND SOME KIND OF WALLED-IN AREA?
13 A. YEAH, THAT'S A SWIMMING POOL.
14 Q. AND THIS WOULD BE THE HOUSE KNOWN AS THE GATE?
15 A. YES, THE HOUSE IS SET OFF FROM THE ROAD A GOOD BIT. IT'S
16 A PRETTY LONG DRIVEWAY.
17 Q. IS THERE IN FACT A GATE SOMEWHERE?
18 A. YEAH, THERE IS A GATE THAT IS OUT AT THE STREET THAT YOU
19 HAVE TO HAVE OPENED OR YOU CAN'T GET CLOSE TO THE HOUSE IN A
20 CAR.
21 Q. 7-B WHAT IS THAT?
22 A. THAT'S THE ELEVATOR, AND IT'S THE UNIT THAT'S THE SECOND
23 ONE FROM THE RIGHT. IT'S IN THE MIDDLE OF THE PICTURE. IT'S A
24 TWO-CAR GARAGE. THAT'S THE RESIDENCE THAT --
25 Q. THE ONE I'M CIRCLING WITH THE LASER POINTER --

66
1 A. CORRECT.
2 Q. -- OR FURTHER OVER?
3 A. NO, YOU WERE RIGHT.
4 Q. THAT'S THE "N" SOME ADDRESS SLASH N?
5 A. 5512-N.
6 Q. WAS THE ELEVATOR EVER SEARCHED?
8 Q. FINALLY THE HORSE RANCH. HERE WE GO. WHAT IS 8-A?
9 A. THAT IS 125 HABERSHAM VALLEY ROAD, JUST A SINGLE-FAMILY
10 RESIDENCE.
11 Q. WAS THE HORSE RANCH EVER SEARCHED?
13 Q. SO WE'RE CLEAR, THESE ARE ALL ADDRESSES YOU LEARNED ABOUT
14 DURING THE COURSE OF YOUR INVESTIGATION?
15 A. THAT IS CORRECT.
16 Q. WHAT'S THE MUSTARD?
17 A. THE MUSTARD IS THE NICKNAME GIVEN TO AN ALLEGED DRUG STASH
18 APARTMENT MAINTAINED BY BILL MARSHALL. IT WAS AT 1050 LENOX
19 PARK BOULEVARD UNIT 3308. IT WAS JUST AN APARTMENT IN THE
20 LENOX ROAD AREA OF ATLANTA.
21 Q. WAS MUSTARD EVER SEARCHED?
22 A. THE MUSTARD ACTUALLY WAS SEARCHED. WE SEARCHED IT ON THE
23 MORNING OF JANUARY 7TH OF 2005, BUT THAT WAS ABANDONED AND
24 UNOCCUPIED AT THAT TIME.
25 Q. EMPTY, NO PEOPLE, NO BELONGINGS?

67
1 A. CORRECT.
2 Q. ANY OF THE ADDRESSES WE'VE DISCUSSED SO FAR THE GATE,
3 SPACE MOUNTAIN, WHITE HOUSE WAS DEFENDANT DANIELS FOUND AT ANY
4 OF THOSE LOCATIONS WHEN THEY WERE SEARCHED?
5 A. NO, HE WAS NOT.
6 Q. DID YOUR INVESTIGATION LEAD YOU TO CONNECT ANY RESIDENCES
7 WITH DEFENDANT DANIELS?
8 A. YES, SEVERAL ADDRESSES.
9 Q. WE SAW AN ADDRESS ON SOME T-MOBILE RECORDS OF SANTE FE
10 TRAIL. DO YOU CONNECT DEFENDANT DANIELS IN ANY WAY WITH THE
11 SANTE FE TRAIL ADDRESS?
12 A. WITH A SANTE FE TRAIL ADDRESS, 3206 SANTE FE PARKWAY, IT'S
13 PART OF THE MORGAN FALLS APARTMENTS IN SANDY SPRINGS. IT'S GOT
14 AN ATLANTA ADDRESS ACTUALLY.
15 Q. I WANT TO SHOW YOU GOVERNMENT'S EXHIBIT 36-A AND B AFTER
16 I'VE SHOWN THEM TO MR. O'BRIEN.
17 DO YOU RECOGNIZE GOVERNMENT'S EXHIBIT 36-A AND B?
18 A. YES, I DO.
19 Q. HOW ARE YOU FAMILIAR WITH THOSE PICTURES?
20 A. THESE ARE PHOTOS THAT I TOOK MYSELF. THEY'RE OF 840
21 INDIAN STREAM TRAIL IN ROSWELL, GEORGIA.
22 Q. ARE THOSE FAIR AND ACCURATE DEPICTIONS OF THAT HOUSE ON
23 INDIAN STREAM?
25 MR. MCBURNEY: GOVERNMENT TENDERS GOVERNMENT'S

68
1 EXHIBIT 36-A AND B.
2 MR. O'BRIEN: NO OBJECTION, MA'AM.
4 BY MR. MCBURNEY:
5 Q. I PUT 36-A UP ON THE SCREEN. WAS THIS RESIDENCE EVER
6 SEARCHED?
7 A. THAT RESIDENCE WAS SEARCHED, THAT IS CORRECT.
8 Q. WHAT, IF ANYTHING, OF NOTE WAS FOUND DURING THE COURSE OF
9 THE SEARCH?
10 A. THE MOST SIGNIFICANT THING THAT WAS FOUND WAS CASH, MONEY,
11 86,000 DOLLARS IN CASH.
12 Q. IS THERE ANYTHING FOUND IN THE INDIAN STREAM -- THAT IS
13 GOVERNMENT'S EXHIBIT 36-A. WHAT IS THE JURY LOOKING AT?
14 A. THEY ARE LOOKING AT THE OUTSIDE OF THE HOUSE ON INDIAN
15 STREAM TRAIL. THAT'S TAKEN FROM THE STREET IN FRONT OF THE
16 HOUSE, AND THE SEARCH OF THE HOUSE TOOK PLACE IN JUNE OF 2006.
17 Q. OKAY. YOU SAID 86,000 IN CASH. ANYTHING ELSE FOUND?
18 A. YES, VARIOUS PHOTOGRAPHS, DOCUMENTS.
19 Q. ANYTHING FOUND IN THE HOUSE THAT CONNECTS IT TO DEFENDANT
20 DANIELS?
21 A. YES, A LOT OF STUFF, YES.
22 Q. WHY DON'T YOU DESCRIBE SOME OF THOSE THINGS?
23 A. PHOTOGRAPHS OF HIM WITH VARIOUS OTHER --
24 MR. O'BRIEN: JUDGE, I'M GOING TO OBJECT UNLESS THE
25 PHOTOGRAPHS AS SUCH ARE TENDERED AND ADMITTED INTO EVIDENCE.

69
1 HE'S TESTIFYING FROM DOCUMENTS THAT ARE NOT IN EVIDENCE.
2 THE COURT: SUSTAINED.
3 MR. MCBURNEY: WE'LL GET TO THAT WITH ANOTHER
4 WITNESS.
5 BY MR. MCBURNEY:
6 Q. I WANT TO SHOW YOU GOVERNMENT'S EXHIBIT 32-A AND B. DO
7 YOU RECOGNIZE THOSE?
8 A. YES, 32-A AND 32-B ARE PHOTOGRAPHS THAT I TOOK OF 175
9 FOREST LAKE ROAD IN ALPHARETTA, GEORGIA.
10 Q. ARE THOSE FAIR AND ACCURATE DEPICTIONS OF THAT ADDRESS?
12 MR. MCBURNEY: GOVERNMENT TENDERS 32-A AND B.
15 BY MR. MCBURNEY:
16 Q. AND HOW IS THIS RESIDENCE CONNECTED TO DEFENDANT DANIELS?
17 A. IT WAS WHERE HE RESIDED DURING 2004 AND PARTS OF 2005.
18 Q. SO THAT IS 32-B, THAT'S THE FOREST LAKE ADDRESS?
19 A. CORRECT.
20 Q. DID THE DEA'S INVESTIGATION INTO THE BLACK MAFIA FAMILY'S
21 COCAINE CONSPIRACY RESULT IN ANY INVESTIGATION INTO THE
22 TENNESSEE DEPARTMENT OF MOTOR VEHICLES?
23 A. YES, IT DID. I THINK THEY CALL IT THE DEPARTMENT OF
24 PUBLIC SAFETY UP THERE, BUT WE DID -- I DID HAVE A LOT OF
25 CONTACT WITH THE TENNESSEE PEOPLE IN THE COURSE OF MY BMF

70
1 INVESTIGATION.
2 Q. WHO IS TERRY BILES?
3 A. TERRY BILES A/K/A TAZ IS A DEFENDANT IN THIS CASE. HE IS
4 ALSO A FUGITIVE. HE WAS THE ALLEGED CONNECTION TO THE
5 TENNESSEE DEPARTMENT OF PUBLIC SAFETY EMPLOYEE WHO WAS THE
6 ACCOMPLICE OF THE PEOPLE WHO OBTAINED THE FRAUDULENTLY OBTAINED
7 TENNESSEE DRIVER'S LICENSES.
8 Q. DO YOU KNOW THE NAME OF THIS TENNESSEE I GUESS IT'S DPS
9 NOT DMV, YOU CALLED HER THE ACCOMPLICE, THE WOMAN ON THE
10 INSIDE?
11 A. YEAH, THE WOMAN ON THE INSIDE WAS LATOYA COOPER.
12 Q. HAS SHE BEEN CHARGED FOR WHAT SHE DID?
13 A. YES, SHE WAS CHARGED FEDERALLY IN TENNESSEE WITH A FRAUD
14 VIOLATION. I DON'T KNOW THE SPECIFIC STATUTE.
15 Q. I'M GOING TO SHOW YOU GOVERNMENT'S EXHIBITS 13-A AND C,
16 15-A, 18-A AND 20-A. BEFORE YOU GET INTO ANY SPECIFICS ABOUT
17 ANY OF THOSE, WHAT ARE ALL THOSE?
18 A. THESE ARE ALL I CALL THEM FACSIMILES OF THE ACTUAL
19 DRIVER'S LICENSES ISSUED IN TENNESSEE TO VARIOUS INDIVIDUALS.
20 THEY ARE BLOWUPS OF THE ACTUAL LICENSE ITSELF. IT HAS ALL THE
21 INFORMATION THAT'S ON THE FACE OF THE LICENSE.
22 Q. HOW DID YOU OBTAIN THOSE?
23 A. THROUGH THE TENNESSEE DEPARTMENT OF PUBLIC SAFETY. I
24 WOULD REQUEST THE LICENSE IF I HAD ENOUGH INFORMATION TO
25 REQUEST IT. IF I HAD A NAME OF A NUMBER, I WOULD HAVE TO HAVE

71
1 EITHER A NAME OR LICENSE NUMBER TO GET THEM.
2 Q. OKAY. IF WE START WITH -- WELL, BEFORE WE GET TO THAT.
3 HAVE YOU SINCE OBTAINED CERTIFIED COPIES OF ALL THESE
4 DOCUMENTS?
5 A. YES, I DO HAVE CERTIFIED COPIES.
6 Q. WE'LL BE ADDRESSING THOSE WITH ANOTHER WITNESS.
7 ARE THOSE FAIR AND ACCURATE DEPICTIONS OF THE
8 CERTIFIED COPIES THAT YOU OBTAINED OF EACH OF THOSE TENNESSEE
9 DRIVER'S LICENSES?
11 MR. MCBURNEY: JUDGE, THE GOVERNMENT AT THIS TIME
12 TENDERS 13-A AND C, 15-A, 18-A AND 20-A.
13 MR. O'BRIEN: JUDGE, RESPECTFULLY, I WOULD OBJECT. I
14 THINK IT'S IMPROPER, INCOMPLETE FOUNDATION SPECIFICALLY AS TO
15 AUTHENTICITY.
16 THE COURT: MAY I SEE THEM?
17 MR. MCBURNEY: YES, JUDGE.
18 THE COURT: THESE ARE THE ONES THAT YOU HAVE
19 CERTIFIED COPIES OF?
20 MR. MCBURNEY: YES, JUDGE. WE HAVE ANOTHER WITNESS
21 WHO WILL TALK ABOUT THE CERTIFIED COPIES BUT DOESN'T
22 NECESSARILY KNOW MUCH ABOUT THE FACTS OF THIS CASE. THE
23 CERTIFIED COPIES WHICH I'LL HAND TO THE COURT RIGHT NOW. THE
24 STAMP THAT CERTIFIES THEM IS BRIGHT RED LEAKED THROUGH AND SO
25 THE IMAGE IS LESS CLEAR.

72
1 WE WILL BE TENDERING THE CERTIFIED COPIES THROUGH THE
2 ACTUAL CUSTODIAN MS. COOPER. I CAN CALL AGENT HARVEY LATER.
3 IT'S MORE EFFICIENT SINCE HE'S HERE. HE'S FAMILIAR WITH THE
4 CONTENTS. HE IS NOT THE ONE WHO ISSUED THE DRIVER'S LICENSE.
5 THE COURT: IS THE OBJECTION ONLY TO AUTHENTICITY?
6 MR. O'BRIEN: WELL, MA'AM, IF THEY HAVE ACTUALLY THE
7 PERSON WHO IS GOING TO IDENTIFY IT --
8 THE COURT: IS THE ANSWER YES ON THAT? IT'S ONLY TO
9 AUTHENTICITY.
10 MR. O'BRIEN: YES, MA'AM.
11 THE COURT: I WILL ADMIT THE DOCUMENTS.
12 MR. MCBURNEY: AND WE WILL FURTHER TIE THIS UP
13 THROUGH THAT WITNESS. THANK YOU.
14 BY MR. MCBURNEY:
15 Q. 13-A, FIRST, AGENT HARVEY, WHAT'S THE NAME ON THAT
16 DRIVER'S LICENSE?
17 A. PAUL JACKSON.
18 Q. IS THERE A DATE OF BIRTH ON THE DRIVER'S LICENSE?
19 A. YES, IT IS 9-2-73, DATE OF ISSUANCE 5-15 OF 03.
20 Q. OKAY. IT'S EITHER 73 OR 75?
21 A. I'M SORRY. IT'S SEPTEMBER 2ND, 1975.
22 Q. OKAY. WHO IS DEPICTED IN THAT DRIVER'S LICENSE?
23 A. THAT IS FLEMING DANIELS, THE DEFENDANT.
24 Q. THE DEFENDANT IN THIS CASE?
25 A. YES.
73
1 Q. I THINK THAT'S THE ONLY ONE WITH THAT ORIENTATION SO WE
2 SHOULD HAVE LESS PROBLEM HERE.
3 OKAY. GOVERNMENT'S EXHIBIT 13-C, WHAT'S THE NAME ON
4 THAT DRIVER'S LICENSE?
5 A. ON THIS LICENSE 13-C THE NAME IS SHAMEER MOORE.
6 Q. AND THE DATE OF BIRTH ON THIS ONE?
7 A. IS JANUARY 23RD, 1975.
8 Q. WHO IS DEPICTED ON THIS DRIVER'S LICENSE?
9 A. THAT AGAIN IS FLEMING DANIELS, THE DEFENDANT.
10 Q. TELL THE JURY AGAIN THE NAME THAT WAS ON THOSE TWO
11 T-MOBILE PHONES, THE SANTE FE PARKWAY?
12 A. THE NAME ON THE TWO T-MOBILE PHONES WAS SHAMEER JACKSON.
13 IT WAS A COMBINATION OR SHAMEER MOORE AND PAUL JACKSON.
14 Q. THIS IS GOVERNMENT'S EXHIBIT 15-A. WITHOUT TELLING US WHO
15 IT IS, ARE YOU FAMILIAR WITH THE PERSON WHO IS SHOWN THERE?
16 A. YES, I AM.
17 Q. TELL THE JURY HOW IT IS YOU'RE FAMILIAR WITH WHO IS
18 DEPICTED IN THAT DRIVER'S LICENSE?
19 A. BECAUSE I'VE SEEN THE REAL PERSON ON A NUMBER OF
20 OCCASIONS, I'VE SEEN HIS PHOTOGRAPH WITH HIS CORRECT NAME ON A
21 NUMBER OF OCCASIONS, I AM JUST VERY, VERY FAMILIAR WITH HIM
22 FROM MY INVESTIGATION.
23 Q. WHAT'S THE NAME ON THE DRIVER'S LICENSE?
24 A. THE NAME IS RICARDO SANTOS ON THE LICENSE.
25 Q. WHO IS DEPICTED ON THIS DRIVER'S LICENSE?

74
1 A. DEMETRIUS FLENORY, MEECH.
2 Q. THE GUY YOU'VE DESCRIBED AS THE HEAD OF BMF?
3 A. YES.
4 Q. GOVERNMENT'S 18-A WITHOUT IDENTIFYING WHO IT IS, ARE YOU
5 FAMILIAR WITH WHO IS SHOWN IN THIS DRIVER'S LICENSE?
6 A. YES, I AM.
7 Q. HOW SO?
8 A. FROM MY INVESTIGATION FROM SEEING HIS REAL PHOTO WITH HIS
9 REAL NAME, FROM SPEAKING WITH OTHERS. I HAVE NEVER PERSONALLY
10 OBSERVED THIS INDIVIDUAL BECAUSE HE IS A FUGITIVE.
12 A. THE NAME ON THE LICENSE IS THOMAS BROWN.
13 Q. WHO IS SHOWN ON THE DRIVER'S LICENSE?
14 A. TERRY BILES A/K/A TAZ.
15 Q. IS THIS THE PERSON YOU DESCRIBED AS HAVING THE CONNECT OR
16 CONNECTION WITH THE TENNESSEE DEPARTMENT OF PUBLIC SAFETY
17 WORKER?
18 A. YES, IT IS.
19 Q. YOU MENTIONED HE'S IN THIS INDICTMENT, THE ATLANTA
20 INDICTMENT?
21 A. HE IS IN THIS INDICTMENT, YES.
22 Q. FINALLY, GOVERNMENT'S EXHIBIT 20-A, ARE YOU FAMILIAR WITH
23 THE PERSON SHOWN ON THIS DRIVER'S LICENSE?
24 A. YES, I AM.
25 Q. HOW SO?
75
1 A. FROM BOTH SURVEILLANCE AND THEN INTERVIEWS OF HIM.
2 Q. YOU'VE MET THIS PERSON FACE TO FACE?
3 A. YES, I HAVE.
5 A. JAMAL WASHINGTON.
6 Q. WHO IS ON THE DRIVER'S LICENSE?
7 A. BILL MARSHALL.
8 Q. THIS IS THE ORLANDO DEFENDANT AND THE EXQUISITE EMPIRE
9 DEPARTMENT?
10 A. YES, THAT'S CORRECT.
11 Q. ALL RIGHT. LAST AREA. DID YOU ASSIST DEA OR FBI LOS
12 ANGELES IN NOVEMBER OF LAST YEAR 2007 IN THEIR ROUNDUP FOR
13 THEIR BMF RELATED INDICTMENT?
14 A. YES, I DID.
15 Q. WHAT ACTIVITY OCCURRED HERE IN ATLANTA IN CONNECTION WITH
16 THE LOS ANGELES INDICTMENT?
17 A. WHAT HAPPENED HERE IS I PARTICIPATED IN ASSISTING THE FBI
18 IN EXECUTING A SEARCH WARRANT AND ARREST WARRANTS AT 1270
19 EUGENIA TERRACE IN LAWRENCEVILLE, GEORGIA.
20 Q. WHO LIVED THERE?
21 A. THE PERSON WHO LIVED THERE WAS AN INDIVIDUAL NAMED AMEEN
22 HIGHT A/K/A BULL. HE WAS ONE OF THE 20 WHO WERE INDICTED IN
23 LOS ANGELES. HE WAS THE ONLY ONE OF THE 20 WHO RESIDED IN
24 GEORGIA AT THE TIME.
25 Q. AMEEN HIGHT A/K/A BULL?

76
1 A. YES, CORRECT.
2 Q. WHAT, IF ANYTHING, OF SIGNIFICANCE WAS FOUND IN MR.
3 HIGHT'S HOME HERE IN ATLANTA?
4 A. FOUND AT THE HOUSE IN ATLANTA ON EUGENIA TERRACE WERE
5 50,000 IN CASH AND A SEALED, A HEAT SEALED PLASTIC BAG. THERE
6 WERE THREE VEHICLES THAT WERE IMPOUNDED AT THE HOUSE. THERE
7 WAS DOCUMENTS. THERE WAS A COUPE OF I.D.'S IN FALSE NAMES
8 INCLUDING A TENNESSEE DRIVER'S LICENSE IN THE NAME OF ROBERT
9 JOHNSON BUT DISPLAYING THE FACE OF AMEEN HIGHT --
10 Q. SORRY TO CUT YOU OFF BUT A TENNESSEE DRIVER'S LICENSE LIKE
11 THE ONES WE JUST SAW?
12 A. YES, EXACTLY.
13 Q. BEFORE YOU FINISH THAT LIST OF WHAT ELSE YOU FOUND, I
14 MEANT TO ASK THIS. YOU JUST IDENTIFIED A NUMBER OF INDIVIDUALS
15 CONNECTED TO THE BLACK MAFIA FAMILY IN THESE OTHER DRIVER'S
16 LICENSES 13-A, C, ET CETERA, ET CETERA.
17 WERE ALL OF THOSE LICENSES SIMILAR TO THE OTHERS YOU
18 DESCRIBED, MEANING IF YOU HANDED IT TO A POLICE OFFICER IT WAS,
19 QUOTE, LEGIT, UNQUOTE?
20 A. YES, THEY WERE ALL CLEAN OR LEGIT, YES, AND I WANTED TO
21 CORRECT ONE THING. THERE WAS ANOTHER INDIVIDUAL IN THE LA
22 INDICTMENT WHO WAS ARRESTED IN ATLANTA. HE'S NOT REALLY
23 CONNECTED.
24 Q. HE WASN'T AT MR. HIGHT'S HOUSE?
25 A. NO.
77
1 Q. WERE THERE ANY PHOTOGRAPHS THAT YOU RECOVERED FROM MR.
2 HIGHT'S HOUSE THAT RELATE TO MR. DANIELS?
3 A. YES, THERE WERE SOME PHOTOGRAPHS THAT RELATE TO THE
4 DEFENDANT.
5 Q. I WANT TO SHOW YOU GOVERNMENT'S EXHIBITS 10-A THROUGH C.
6 FIRST, ARE THOSE PHOTOGRAPHS THAT WERE SEIZED FROM
7 DEFENDANT HIGHT'S HOUSE?
8 A. YES, THEY WERE.
9 Q. ARE YOU FAMILIAR, ARE YOU ABLE TO IDENTIFY THE INDIVIDUALS
10 SHOWN IN THOSE PHOTOGRAPHS BASED ON ALL THE REASONS YOU'VE
11 ALREADY SHARED WITH THE COURT AND WITH THE JURY YOUR
12 INVESTIGATION YOU'VE SEEN THEM, ET CETERA?
13 A. YES, THE PHOTOS ARE OF 1, 3 AND 5 PEOPLE, AND OF THE 1, 3
14 AND 5, I CAN IDENTIFY 1 OF THE 1, 3 OF THE 3 AND 4 OF THE 5.
15 Q. AND IF YOU CAN'T IDENTIFY SOMEONE THERE IS NOTHING WRONG
16 WITH THAT?
17 MR. MCBURNEY: THE GOVERNMENT TENDERS 10-A THROUGH C.
18 MR. O'BRIEN: I'M GOING TO OBJECT, IMPROPER
19 FOUNDATION. I DON'T THINK THE WITNESS COULD TESTIFY THAT THE
20 PICTURES ACCURATELY DEPICT WHAT THEY PURPORT TO SHOW. THE
21 CIRCUMSTANCES UNDER WHICH THEY WERE TAKEN AND SUCH AS THAT.
22 MR. MCBURNEY: I'M NOT GOING TO ASK THE WITNESS
23 ANYTHING ABOUT WHAT MIGHT HAVE BEEN GOING ON.
24 THE COURT: I'LL ADMIT THEM.
25 MR. MCBURNEY: THANK YOU.

78
1 BY MR. MCBURNEY:
2 Q. LET'S GO IN ORDER. 10-A. I WILL MAGNIFY THIS. WHO DO
3 YOU RECOGNIZE THROUGH YOUR INVESTIGATION IN THIS PHOTOGRAPH,
4 AND WE'LL GO FROM LEFT TO RIGHT?
5 A. THAT'S MEECH THERE.
6 Q. DEMETRIUS FLENORY?
7 A. YES. BULL, AMEEN HIGHT.
8 Q. THE PERSON IN WHOSE HOUSE THE PHOTO WAS FOUND?
9 A. YES.
10 Q. AND HERE?
11 A. ILL, FLEMING DANIELS.
12 Q. THERE'S A TATTOO ON DEFENDANT DANIELS' LEFT ARM. IT'S
13 HARD TO SEE HERE. WHAT DOES THAT TATTOO SAY?
14 A. IT SAYS BMF 4 LIFE.
15 Q. FOUR AS IN THE DIGIT FOUR?
16 A. YES.
17 Q. I'M NOT GOING TO GO IN ORDER. THIS IS 10-C. IT'S A
18 LITTLE CROOKED AND IT'S NOT PARTICULARLY BRIGHT, BUT THAT'S THE
19 MACHINE.
20 YOU'VE HAD AN OPPORTUNITY TO LOOK AT THE PHOTOGRAPH.
21 ARE YOU ABLE -- AND, AGAIN, WE'LL GO FROM LEFT TO RIGHT -- TO
22 IDENTIFY WHO'S IN THE GRAY WITH THE GRAY BASEBALL HAT?
23 A. THAT'S BULL.
24 Q. MR. HIGHT, DEFENDANT HIGHT?
25 A. YES.
79
1 Q. THERE'S SOMEONE WEARING A SHIRT BLEU SOMETHING?
2 A. THAT'S FLEMING DANIELS.
3 Q. DEFENDANT DANIELS?
4 A. YES.
5 Q. HE'S WEARING A NECKLACE WITH SOME KIND OF PENDANT ON IT.
6 WHAT IS THE PENDANT?
7 A. IT SAYS BMF.
8 Q. IT'S PARTICULARLY DIM ON OUR OVERHEAD PROJECTOR. THE
9 PICTURE IS CLEARER. WHO'S IN THE CENTER?
10 A. THAT'S AN INDIVIDUAL NAMED DAVID WALKER A/K/A THRO, THROW
11 BACK. HE'S UNDER INDICTMENT IN LOS ANGELES AND DETROIT.
12 Q. BMF RELATED INDICTMENTS?
13 A. YES, TWO BMF INDICTMENTS.
14 Q. THERE'S A GENTLEMAN HERE WITH A BOTTLE OF LIQUOR AND BLUE
15 UNDERPANTS WHO IS THAT?
16 A. THAT'S THE ONE I DON'T KNOW.
17 Q. OKAY. AND FINALLY ON THE FAR RIGHT?
18 A. THAT'S RALPHIE SIMMS.
19 Q. YOU HAD DESCRIBED SOMEONE WITH A TENNESSEE DL OF LESLIE
20 JAMES PARKER --
21 A. YES, HE'S THE ONE WHO WAS STOPPED LEAVING SPACE MOUNTAIN
22 BACK IN NOVEMBER OF 04.
23 Q. 10-B?
24 A. THAT IS JUST FLEMING DANIELS.
25 Q. DEFENDANT DANIELS?
80
1 A. CORRECT.
2 MR. MCBURNEY: THANK YOU, AGENT HARVEY. THAT'S ALL I
3 HAVE, JUDGE.
4 THE COURT: LET'S PROCEED. WE'LL RUN UNTIL ABOUT
5 12:30.
7 CROSS-EXAMINATION
8 BY MR. O'BRIEN:
9 Q. GOOD AFTERNOON, AGENT HARVEY.
10 A. GOOD AFTERNOON.
11 Q. THERE ARE SOME QUESTIONS I'D LIKE TO ASK YOU. YOU SAID
12 YOU WERE THE CASE AGENT IN THE CASE. THAT MEANS THAT YOU'VE
13 PRETTY MUCH BEEN IN THIS CASE SINCE ITS CONCEPTUAL STAGES
14 THROUGH TODAY?
15 A. FOR ATLANTA AND FOR DEA, I'M THE PRIMARY CASE AGENT, YES.
16 Q. AND I CONSPICUOUSLY NOTICED THAT YOU'VE BEEN TESTIFYING
17 FOR ABOUT TWO HOURS WITHOUT NOTES?
18 A. YES, I HAVE.
19 Q. SO YOU'RE PRETTY WELL VERSED WITH WHAT THE CASE INVOLVES?
20 A. PRETTY WELL.
21 Q. IS THAT CORRECT?
22 A. YES.
23 Q. NOW, IT SOUNDS TO ME LIKE THIS HAS BEEN A FAIRLY EXTENSIVE
24 INVESTIGATION; WOULD THAT BE ACCURATE TO SAY?
25 A. YES.
81
1 Q. LET ME ASK YOU WHEN DID THE INVESTIGATION START PLEASE,
2 AGENT HARVEY?
3 A. WELL, I GUESS I WOULD SAY JUNE OF 2003, MAY, JUNE 2003 BUT
4 I'VE HAD SOME INFORMATION CONCERNING SOME OF THESE DEFENDANTS
5 GOING BACK TO 1997.
6 Q. ALL RIGHT. OKAY. BUT YOU KICKED OFF IT SOUNDS LIKE THE
7 FORMAL INVESTIGATION IN JUNE OF 03?
8 A. YES.
9 Q. AND IT SOUNDS LIKE THERE'S BEEN A NUMBER OF AGENCIES
10 INVOLVED IN THIS INVESTIGATION, THE DEA, THE FBI. WHAT WAS THE
11 OTHER ONE HIDTA?
12 A. YEAH, HIDTA, ATLANTA POLICE, DEKALB POLICE --
13 Q. LET ME INTERRUPT YOU. WHAT IS HIDTA AN ACRONYM FOR?
14 A. IT'S H I D T A, HIGH INTENSITY DRUG TRAFFICKING AREA.
15 Q. IS THAT FEDERAL OR STATE OR COMBINED?
16 A. IT'S COMBINED. IT'S LIKE A STRIKE FORCE. IT'S GOT GBI ON
17 IT, ATF, DEA, FBI, ATLANTA POLICE, DEKALB POLICE.
18 Q. AND ALSO IT SOUNDS LIKE YOU HAVE COORDINATED THE
19 INVESTIGATION WITH AGENTS IN DETROIT AND NEW YORK AND LOS
20 ANGELES AND ST. LOUIS AND ORLANDO AND VIRTUALLY ALL OVER THE
21 COUNTRY IT SOUNDS LIKE?
22 A. I COORDINATED WITH OTHERS. I WAS NOT COORDINATING THEM
23 BUT I WAS COORDINATING WITH THEM.
24 Q. AND YOU CERTAINLY -- FROM WHAT MY EXPERIENCE HAS BEEN
25 THERE'S NO SHORTAGE OF RESOURCES AVAILABLE TO ALL THESE

82
1 AGENCIES ELECTRONIC EQUIPMENT, SURVEILLANCE EQUIPMENT, THINGS
2 SUCH AS THAT, MONEY TO FUEL THE INVESTIGATION; WOULD THAT BE
3 ACCURATE TO SAY?
4 A. YES, WE HAVE RESOURCES, YES.
5 Q. THE LATEST IN EQUIPMENT AND THINGS LIKE THAT?
6 A. NO, YOU'D BE SURPRISED AT SOME OF OUR EQUIPMENT BUT
7 SOMETIMES IT WORKS.
8 Q. WERE THERE WIRETAPS IN THIS CASE, AGENT HARVEY?
9 A. YES, THERE WERE.
10 Q. AND SO THAT WE'RE ALL ON THE SAME PAGE, CAN YOU TELL US A
11 LITTLE BIT ABOUT WHAT A WIRETAP INVOLVES?
12 A. YES, IT BASICALLY INVOLVES THE INVESTIGATORS MIGHT
13 IDENTIFY A PHONE NUMBER THAT THEY HAVE REASON TO BELIEVE DRUG
14 TRAFFICKERS ARE USING TO COMMUNICATE ABOUT DRUG TRAFFICKING.
15 SO THEY'LL WRITE OUT AN AFFIDAVIT STATING THEIR PROBABLE CAUSE
16 TO INTERCEPT PHONE CALLS MADE TO OR FROM THAT NUMBER. THEY'LL
17 SUBMIT THE AFFIDAVIT TO A JUDGE. IF THE JUDGE APPROVES, THEN
18 THEY GO UP ON THE PHONE. THEY START AN INTERCEPT.
19 Q. CAN YOU GET A WIRETAP ON A CELLPHONE?
20 A. YES.
21 Q. SO WIRETAP MEANING YOU CAN ACTUALLY RECORD WHAT IS SAID ON
22 THE TELEPHONE CONVERSATION?
23 A. YES.
24 Q. AND THE POINT OF IT IS THAT IF YOU SUSPECT SOMEBODY'S
25 INVOLVED IN SOME SORT OF ILLEGAL ACTIVITY THAT THEY MIGHT BE

83
1 DISCUSSING IT ON THE PHONE AND THEREFORE YOU CAN GET A
2 RECORDING OF THIS ALLEGED CONVERSATION; IS THAT RIGHT?
3 A. IF YOU GET ON THE RIGHT PHONE. THAT'S THE KEY.
4 Q. GET ON THE RIGHT PHONE, OKAY, AND THIS INVESTIGATION HAS
5 GONE ON SINCE I THINK YOU SAID 2003. IN FACT I THINK YOU SAID
6 YOU HAD INFORMATION AS EARLY AS 1997 ON SOME PEOPLE, AND YOU
7 HAD WIRETAPS ON PHONES, AND DO YOU HAVE ANY RECORDINGS OF
8 CONVERSATIONS INVOLVING FLEMING DANIELS?
9 A. NOT ON WIRETAPS.
10 Q. WELL, IT SOUNDS LIKE YOUR THEORY IS THAT MR. DANIELS HAS
11 BEEN IN THIS FOR A LONG TIME?
12 A. YES.
13 Q. AND YET YOU HAVE AN INVESTIGATION THAT'S BEEN GOING ON NOW
14 OVER FIVE YEARS. YOU'VE HAD WIRETAPS. YOU'VE IDENTIFIED I
15 DON'T KNOW HOW MANY PEOPLE. I THINK YOU SAY THERE'S 50, 60, 70
16 PEOPLE INVOLVED. YOU'VE HAD VIRTUALLY EVERY CRIMINAL AGENCY IN
17 THE COUNTRY INVOLVED, AND YOU DON'T HAVE ANY TELEPHONE
18 CONVERSATIONS INVOLVING MR. DANIELS DISCUSSING ANYTHING ILLEGAL
19 WITH ANYBODY; IS THAT RIGHT?
20 A. NOT FROM WIRETAPS, CORRECT.
21 Q. NOW, YOU ALSO HAVE -- DO YOU HAVE SURVEILLANCE EQUIPMENT
22 THAT YOU USE?
23 A. YES.
24 Q. I MEAN I SAW FOR EXAMPLE SOME OF THESE PHOTOGRAPHS MUST
25 HAVE BEEN OUT OF AIRPLANES AND HELICOPTERS AND WHOEVER ELSE YOU
84
1 GET SURVEILLANCE EQUIPMENT, AND IN THE FIVE OR SIX YEARS THAT
2 THE INVESTIGATION HAS BEEN GOING ON, DO YOU HAVE ANY
3 SURVEILLANCE VIDEO OR PICTURES THAT YOU TOOK OR THAT THE OTHER
4 AGENCIES TOOK THAT REFLECT MR. DANIELS PUTTING MONEY IN A CAR,
5 TAKING DRUGS OUT OF A CAR, ANYTHING LIKE THAT?
6 A. NO.
7 Q. OKAY. WELL, YOU MENTIONED THAT THERE WERE A LOT OF -- YOU
8 SAID CARS, YOU TALKED ABOUT A LOT OF CARS, AND YOU ARRESTED MR.
9 DANIELS, CORRECT?
10 A. ARRESTED HIM?
11 Q. YES, YOU ARRESTED HIM.
12 A. YES.
13 Q. YOU SHOWED A COUPLE OF PICTURES THAT YOU SAY THIS WAS HIS
14 HOUSE WHERE HE LIVED AND THINGS LIKE THAT, AND WHEN YOU
15 ARRESTED MR. DANIELS YOU ACTUALLY SAW HIM DRIVE UP TO THE PLACE
16 WHERE YOU ARRESTED HIM IN A CAR, CORRECT?
17 A. HE ARRIVED THERE IN A CAR, IN A VEHICLE, YES.
18 Q. HE WAS WITH HIS FAMILY?
19 A. YES.
20 Q. WITH REGARD TO THE ARREST, HE DIDN'T TRY TO RUN OR
21 ANYTHING, DID HE?
22 A. NO, HE DID NOT.
23 Q. DID YOU SEARCH HIS CAR TO SEE IF THERE WAS ANY TRAP IN HIS
24 CAR WHETHER THERE WAS MONEY OR DRUGS, ANYTHING LIKE THAT?
25 A. NO, WE DID NOT.

85
1 Q. SO YOU DON'T KNOW IF THERE WAS OR NOT; IS THAT WHAT YOU'RE
2 SAYING?
3 A. CORRECT.
4 Q. DID MR. DANIELS HAVE ANY DRUGS ON OR ABOUT HIS PERSON WHEN
5 YOU ARRESTED HIM?
6 A. NO, HE DID NOT.
7 Q. AND I THINK YOU SAID YOUR TESTIMONY WAS THAT OF ALL THE
8 STOPS THAT YOU MADE AND YOU DETAILED STOPS IN ST. LOUIS AND
9 OTHER PLACES. I READ ABOUT A LOT MORE OF THEM. WAS MR.
10 DANIELS EVER IN A CAR WHERE DRUGS WERE LOCATED THAT YOU'RE
11 AWARE OF?
12 A. I'M NOT AWARE OF ANY.
13 Q. WAS MR. DANIELS EVER IN A CAR THAT WAS STOPPED WHERE MONEY
14 WAS LOCATED?
15 A. NO.
16 Q. SO MR. DANIELS WAS NEVER SURVEILLED PUTTING DRUGS IN A
17 CAR, CORRECT?
18 A. CORRECT.
19 Q. NEVER SURVEILLED TAKING DRUGS OUT OF A CAR, CORRECT?
20 A. CORRECT.
21 Q. NEVER SURVEILLED PUTTING MONEY IN A CAR OR TAKING MONEY
22 OUT OF A CAR, CORRECT?
23 A. CORRECT.
24 Q. ALL RIGHT. WELL LET ME ASK YOU, YOU DETAILED AGAIN A
25 NUMBER OF DRUG SEIZURES. DRUG SEIZURES SUGGEST TO ME AN ARREST

86
1 OF SOMEBODY, CORRECT?
2 A. SOMETIMES.
3 Q. MAYBE SOMETIMES THEY GET AWAY?
4 A. NO, SOMETIMES THEY'RE JUST NOT ARRESTED FOR INVESTIGATIVE
5 PURPOSES.
6 Q. OKAY. AND MR. DANIELS WAS NEVER ARRESTED IN CONNECTION
7 WITH AN AUTOMOBILE DRUG SEIZURE, WAS HE?
8 A. NO, HE WAS NOT.
9 Q. HOW MANY DRUG SEIZURES WERE THERE IN THIS CASE
10 ALTOGETHER? I KNOW I'M PUTTING YOU ON THE SPOT. I KNOW THIS
11 HAS BEEN GOING ON FOR A LONG TIME. HOW MANY DRUG SEIZURES WERE
12 THERE ALTOGETHER FROM HOUSES, CARS, PLACES LIKE THAT?
13 A. BETWEEN FIVE AND TEN PROBABLY SIGNIFICANT DRUG SEIZURES.
14 I'M NOT COUNTING LITTLE BITS OF MARIJUANA FOUND IN A HOUSE
15 DURING A SEARCH WARRANT.
16 Q. OKAY. HOW MANY MONEY SEIZURES WERE THERE THROUGHOUT THE
17 COURSE OF THE INVESTIGATION?
18 A. WELL, IF I INCLUDE EVERYTHING THAT DETROIT INCLUDED IN
19 THEIR INDICTMENT, I GUESS I WOULD HAVE TO SAY GOING BACK TO THE
20 DRUG SEIZURES MAYBE APPROXIMATELY 10, AND MONEY SEIZURES MAYBE
21 15 TO 20.
22 Q. ALL RIGHT. WERE THERE ANY DRUGS SEIZURES FROM MR.
23 DANIELS' HOUSE, DRUG SEIZURES?
24 A. NOTHING OF SIGNIFICANCE. ONLY ONE OF HIS HOUSES WAS
25 SEARCHED. THAT WAS THE INDIAN STREAM TRAIL.

87
1 Q. ALL RIGHT. LET ME ASK YOU WITH REGARD TO -- YOU DETAILED
2 THAT -- YOU TALKED ABOUT A LOT OF HOUSES HERE. YOU TALKED
3 ABOUT THE WHITE HOUSE?
4 A. YES.
5 Q. THE BIG HOUSE. LET ME ASK YOU FIRST OF ALL WITH REGARD TO
6 THE WHITE HOUSE WAS MR. DANIELS' NAME ON THE DEED AT ALL?
7 A. NO, THE WHITE HOUSE TURNED OUT TO ACTUALLY BE TERRY
8 FLENORY'S SIDE OF THE BMF IS WHAT WE LEARNED.
9 Q. WAS TERRY FLENORY'S NAME ON THE DEED?
10 A. NO.
11 Q. WELL IS MR. DANIELS' NAME ON A LEASE ANYWHERE WITH REGARD
12 TO THAT HOUSE?
13 A. NO.
14 Q. WELL, DID YOU INVESTIGATE TO SEE WHETHER OR NOT -- YOU
15 KNOW YOU HAVE -- WERE THERE UTILITIES ON AT THE HOUSE?
16 A. YES, THERE WERE.
17 Q. WAS MR. DANIELS' NAME ON ANY OF THE UTILITIES THAT HE MAY
18 HAVE BEEN INVOLVED WITH PAYING FOR THE UTILITIES AND ALL?
19 A. NO, HIS NAME WAS NOT CONNECTED TO THAT HOUSE AT ALL.
20 Q. WELL WAS THERE A LANDLINE TELEPHONE IN THAT HOUSE?
21 A. I'M NOT SURE ABOUT A LANDLINE TELEPHONE.
22 Q. OKAY. IF YOU HAVE A LANDLINE TELEPHONE CAN YOU CHECK TO
23 SEE WHO IS CALLING IN AND OUT OF A LANDLINE TELEPHONE; DO YOU
24 HAVE THE CAPACITY TO DO THAT?
25 A. YES.
88
1 Q. YOU DON'T KNOW WHETHER THERE WAS A PHONE IN THAT HOUSE
2 WHERE ONE OF THE LEAD GUYS SUPPOSEDLY LIVED?
3 A. IT'S COMMON NOWADAYS NOT TO HAVE HOME TELEPHONES, AND I
4 DON'T REMEMBER IF THERE WAS ONE AT THE WHITE HOUSE.
5 Q. OKAY. SO YOU DON'T KNOW IF THERE WAS A PHONE IN THE HOUSE
6 WHETHER THERE'S ANY RECORDS REFLECTING THAT ANYBODY THAT WAS IN
7 THAT HOUSE EVER EVEN CALLED MR. DANIELS FROM THAT HOUSE OR HE
8 CALLED THERE?
10 Q. WELL WAS THE WHITE HOUSE SEARCHED?
11 A. YES.
12 Q. WELL WAS ANY PERSONAL EFFECTS OF MR. DANIELS FOUND THERE,
13 CLOTHES, MAIL, ANYTHING LIKE THAT?
14 A. NO.
15 Q. WELL WAS FINGERPRINTS EVER LIFTED FROM INSIDE THE WHITE
16 HOUSE THAT REFLECTED HE'D BEEN IN THAT HOUSE AND THIS IS PROOF
17 POSITIVE THAT HE'S TIED UP WITH THESE PEOPLE?
18 A. NO.
19 Q. WELL, DID YOU GO AROUND TO THE NEIGHBORS WITH HIS PICTURE
20 AND SAY HAVE YOU EVER SEEN THIS GUY IN THIS HOUSE, EVER SEEN
21 HIM HERE, SEEN HIS CAR?
22 A. NO.
23 Q. I WANT TO ASK YOU SOMETHING ELSE. GOVERNMENT'S EXHIBIT
24 NUMBER 10 WAS -- THAT'S A BIG HOUSE IT LOOKED TO ME LIKE?
25 A. WHICH ONE WAS 10?

89
1 Q. THE WHITE HOUSE?
2 A. THE WHITE HOUSE, YES.
3 Q. AND YOU SAY THERE WAS A FELLOW HIDING IN THERE INNOCENT
4 GUERVILLE?
5 A. YES, INNOCENT GUERVILLE WAS IN THE HOUSE.
6 Q. WHERE WAS HE HIDING?
7 A. IN A CLOSET IN ONE OF THE BEDROOMS.
8 Q. AND YOU'VE GOT A PICTURE OF MR. GUERVILLE IN THE HOUSE; IS
9 THAT CORRECT?
10 A. WE TOOK HIS PICTURE. WE SNAPPED A PHOTO OF HIM.
11 Q. I WANT TO ASK YOU THAT. WHEN YOU SAY WE, WHO IS WE?
12 A. THE AGENTS, DEA, DEKALB COUNTY, WE HAD ONE APD, ONE FBI
13 WITH US.
14 Q. I COULDN'T HELP BUT NOTICE IN THE BACKGROUND OF THAT
15 PHOTOGRAPH WAS A PICTURE OF THE SOPRANO FAMILY. WAS THAT THE
16 GOVERNMENT'S ATTEMPT AT HUMOR OR WAS THAT JUST SORT OF
17 COINCIDENTAL THAT HE WAS STANDING THERE?
18 A. I DON'T THINK IT WAS AN ATTEMPT AT HUMOR. I DIDN'T COVER
19 THAT IN MY TESTIMONY, BUT THE WALLS OF THE HOUSE WERE COVERED
20 WITH GANGSTER PHOTOGRAPHS. IT WOULD HAVE BEEN HARD TO POSE HIM
21 SOMEWHERE AND KEEP THE GANGSTER PHOTO OUT OF THE BACKGROUND TO
22 BE HONEST.
23 Q. LET ME ASK YOU ABOUT WHEN YOU SAY -- WITH REGARD TO
24 GOVERNMENT'S EXHIBIT NUMBER 4 THAT WAS A FLIER INVITING PEOPLE
25 TO THE PARTY FOR SOMEBODY, THE WILD ANIMAL PARTY?

90
1 A. YES.
2 Q. YOU SAID YOU ALSO SAW PICTURES OF BLEU DAVINCI WHO YOU'VE
3 IDENTIFIED AS A DRUG DEALER/ENTERTAINER OR ENTERTAINER/DRUG
4 DEALER, WHATEVER HE IS. YOU SAID YOU ACTUALLY WITNESSED
5 PICTURES OF HIM PERFORMING ON STAGE?
6 A. I DID IN A DVD. I'VE WATCHED A FEW DVD'S OF THE BMF.
7 Q. ARE THEY AVAILABLE, THE DVD'S AND PICTURES OF THE --
8 A. I THINK THEY ARE ON THE INTERNET.
9 Q. ON THE INTERNET?
10 A. I BELIEVE SO ONLINE.
11 Q. IF I WANTED TO SEE THEM ON THE INTERNET, DO YOU KNOW WHAT
12 I'D PUNCH IN THERE, BLACK MAFIA FAMILY ENTERTAINMENT OR BLEU
13 DVD --
14 A. I DON'T KNOW IF THEY'RE STILL AVAILABLE, AND I REALLY
15 DON'T KNOW HOW THEY'RE OBTAINED ONLINE.
16 Q. LET ME ASK YOU WITH REGARD -- BUT YOU DON'T HAVE THEM HERE
17 FOR US TO LOOK AT?
18 A. THE DVD'S? ACTUALLY I HAVE THEM IN MY CASE, BUT WE'RE NOT
19 PLANNING TO SHOW THEM I DON'T THINK.
20 Q. CAN I SEE THEM?
21 A. SURE.
22 Q. LET ME ASK YOU ABOUT SPACE MOUNTAIN. IS THAT A NAME THAT
23 YOU GAVE IT OR IS THAT A NAME THAT OTHER PEOPLE THAT WERE THERE
24 GAVE IT?
25 A. IT'S A NAME WE LATER LEARNED FROM OUR WITNESSES THAT THAT

91
1 WAS THE NAME THEY GAVE IT.
2 Q. NOW SPACE MOUNTAIN WAS A HOUSE?
3 A. CORRECT.
4 Q. WAS IT SEARCHED ALSO?
5 A. THAT HOUSE WAS SEARCHED, YES.
6 Q. AND I THINK YOU SAY YOU FOUND A COUPLE OF GUNS?
7 A. YES.
8 Q. AND A TENNESSEE DRIVER'S LICENSE AND SOME CLOTHING THAT
9 SAID BMF ENTERTAINMENT ON IT?
10 A. YES.
11 Q. AND A COUPLE OF VEHICLES AND SOME WRAPPINGS?
12 A. YES.
13 Q. IT SOUNDED LIKE YOU DID A PRETTY THOROUGH SEARCH. WHO
14 SEARCHED IT?
15 A. THAT SAME COMBINATION OF AGENCIES BUT IT WAS MOSTLY HIDTA
16 AND APD PEOPLE ASSIGNED TO HIDTA. THE SEARCH AT PARAN PLACE
17 WAS NOT TECHNICALLY UNDER MY DIRECTION. I HAD A DIFFERENT PART
18 OF THE CASE AT THAT TIME.
19 Q. ALL RIGHT. WELL, WHOSE NAME IS THE HOUSE IN, THE SPACE
20 MOUNTAIN HOUSE?
21 A. THAT I DON'T KNOW. I MAY HAVE KNOWN IT AT ONE TIME, BUT
22 IT WAS A LEASE, A LEASE/PURCHASE.
23 Q. WELL IS MR. DANIELS ON THE LEASE ANYWHERE?
24 A. NO.
25 Q. DID MR. DANIELS MAKE ANY OF THE LEASE PAYMENTS?

92
1 A. NO.
2 Q. WHO WAS IT LEASED FROM, DO YOU KNOW?
3 A. I DON'T KNOW. THE NAME OF THE OWNER I DON'T RECALL.
4 Q. WELL IS THERE A TELEPHONE IN THE SPACE MOUNTAIN HOUSE, A
5 LANDLINE TELEPHONE?
6 A. AGAIN, I'M NOT SURE.
7 Q. WHO WOULD KNOW THOSE THINGS?
8 A. WHETHER THERE WAS A HARDLINE PHONE AT THE PARAN PLACE? I
9 MEAN PUT IT THIS WAY, IF THERE WAS A PHONE THERE IN FLEMING
10 DANIELS' NAME, I WOULD KNOW IT, OR IF THERE WAS A PHONE THERE
11 IN THE NAME OF ANY BMF MEMBER I WOULD KNOW IT.
12 I'D BE SHOCKED, TOO, BECAUSE IT WOULDN'T BE SOMETHING
13 I WOULD EXPECT A BMF MEMBER TO DO TO PUT A PHONE IN HIS OWN
14 NAME.
15 Q. DO YOU HAVE ANY COMPUTERS?
16 A. I'M NOT SURE.
17 Q. WELL YOU HAVE TO HAVE A LANDLINE TO HAVE DSL IN THE HOUSE,
18 DON'T YOU?
19 A. YES.
20 Q. AND, AGAIN, IF THERE WAS A TELEPHONE IN THERE IF YOU KNEW
21 ABOUT IT YOU COULD SEE WHERE MR. DANIELS HAD CALLED OR ANYBODY
22 HAD CALLED MR. DANIELS ON THAT PHONE, RIGHT; YOU CAN GET THOSE
23 RECORDS?
24 A. IF THERE WERE PHONE RECORDS, I WOULD GET THEM. IF I COULD
25 GET THEM, I WOULD, YEAH.

93
1 Q. YOU DON'T KNOW IF THERE'S A LANDLINE THERE OR NOT?
2 A. I'M PRETTY SURE THERE WAS NOT.
3 Q. ARE YOU PRETTY SURE? A MINUTE AGO YOU DIDN'T KNOW.
4 A. I DON'T KNOW OF A HARDLINE PHONE AT THAT HOUSE.
5 Q. DID YOU TELL US THAT YOU DIDN'T PARTICIPATE IN THE SEARCH?
6 A. I DID PARTICIPATE.
7 Q. OH, YOU DID PARTICIPATE IN THE SEARCH OF THIS HOUSE?
8 A. AT PARAN PLACE, YES.
9 Q. THAT'S THE SPACE MOUNTAIN HOUSE?
10 A. YES.
11 Q. WELL, LET ME ASK YOU THIS. IS HIS NAME ON ANY OF THE
12 UTILITIES ON THIS HOUSE?
13 A. NO.
14 Q. WELL, DID YOU FIND ANYTHING IN THE HOUSE, ANYTHING THAT
15 SUGGESTED THAT HE LIVED THERE, ANY PERSONAL ITEMS OF HIS, MAIL,
16 CLOTHES, ANYTHING LIKE THAT?
17 A. NO.
18 Q. DID YOU FIND HIS FINGERPRINTS THERE?
19 A. NO.
20 Q. DID YOU GO AROUND TO THE NEIGHBORS AND SAY HAVE YOU EVER
21 SEEN THIS GUY AT THE HOUSE?
22 A. I DID NOT CANVASS THE NEIGHBORHOOD. I DON'T THINK ANYBODY
23 ELSE DID.
24 Q. ALL RIGHT. NOW, MR. CESTERO WAS A CONTRACTOR; IS THAT
25 CORRECT?
94
1 A. YES.
2 Q. LIKE A CONSTRUCTION CONTRACTOR?
3 A. YES.
4 Q. BUILDS AND FIXES THINGS SUCH AS THAT?
5 A. YES, LIKE A PAINTER, HANDYMAN.
6 Q. OKAY. THESE GOVERNMENT'S EXHIBIT NUMBERS 35-A AND B ARE
7 THE -- YOU GOT THEM BACK FROM T-MOBILE RESPONSES?
8 A. YES.
9 Q. TO SHOW THAT SOMEBODY NAMED SHAMEER JACKSON GOT TWO
10 TELEPHONES, CORRECT?
11 A. WELL, THEY WERE WHAT I OBTAINED FROM T-MOBILE ON THE
12 NUMBERS THAT JOE CESTERO GAVE ME.
13 Q. OKAY. AND YOU SAID THAT -- I MEAN BOTTOM LINE IS YOU
14 THINK MR. DANIELS USING THE NAME SHAMEER JACKSON GOT TWO
15 TELEPHONES FROM T-MOBILE?
16 A. YES, I DO.
17 Q. IS THAT WHERE WE ARE?
18 A. YES.
19 Q. I MEAN I GET MY CELLPHONE RECORDS AND IT TELLS ME
20 EVERYBODY I TEXT AND CALL. DO YOU HAVE THOSE RECORDS
21 AVAILABLE?
22 A. ALL I HAVE IS THE SUBSCRIBER NOT THE CALL DETAIL OR THE
23 TOLL RECORDS, NO, JUST THE DESCRIBERS.
24 Q. WHICH MEANS ALL YOU KNOW IS THAT SOMEBODY NAMED SHAMEER
25 JACKSON GOT TWO TELEPHONES IN THOSE NUMBERS?

95
1 A. SOMEONE USING THE NAME SHAMEER JACKSON, YES.
2 Q. YOU THINK THEY WERE MR. FLEMING DANIELS?
3 A. I DO, YES.
4 Q. AND YOU NEVER BOTHERED TO GET WHATEVER THEY CALL THE TOLL
5 RECORDS TO SHOW WHO HE WAS CALLING OR WHO WAS CALLING HIM?
6 A. I'M NOT EVEN SURE IF THEY WERE AVAILABLE BECAUSE IT'S A
7 PREPAY ACCOUNT. SOMETIMES YOU CAN'T GET THE CALL DETAIL
8 RECORDS, BUT I DID NOT TRY TO GET THE CALL DETAIL RECORDS,
9 CORRECT.
10 Q. YOU DON'T KNOW WHO HE WAS CALLING, ASSUMING THEY WERE HIS
11 PHONES, AND WHO WAS CALLING HIM?
12 A. CORRECT, IT'S JUST A MATTER OF TIME. HE'S ONE OF A
13 HUNDRED TARGETS.
14 Q. BEEN GOING ON SINCE 2003?
15 A. THAT'S TRUE, BUT I JUST CAN'T DEVOTE MY LIFE TO EVERY
16 SINGLE ONE OF THEM.
17 Q. WELL, YOU HAVE A PRETTY GOOD STAFF DOWN THERE AT THE DEA,
18 DON'T YOU? I MEAN THESE FELLOWS GOT ALL KINDS OF RESOURCES AND
19 STUFF.
20 A. I'M THE CASE AGENT OF THIS CASE AND OTHER CASES, AND EVERY
21 OTHER AGENT IN MY GROUP IS THE CASE AGENT OF OTHER CASES.
22 Q. WELL MR. DANIELS PLED NOT GUILTY ABOUT A YEAR AGO. YOU
23 KNEW WE WERE GOING TO BE HERE TODAY, AND YOU'RE GOING TO HAVE
24 TO ESTABLISH HIS CONNECTION TO THESE OTHER PEOPLE. I MEAN I
25 ALWAYS SEE PHONE RECORDS IN THESE CASES?

96
1 A. TRUE.
2 Q. BUT WE DON'T HAVE THEM. OKAY.
3 NOW THE BROOKHAVEN HOUSE, YOGI'S HOUSE?
4 A. YES.
5 Q. WAS THAT HOUSE SEARCHED?
6 A. IT WAS.
7 Q. AND YOU FOUND SOME GUNS, THREE GUNS, CASH AND JEWELRY AND
8 SOME PHOTOGRAPHS?
9 A. YES.
10 Q. ONCE AGAIN, WAS MR. DANIELS ON THE DEED OR LEASE OR
11 ANYTHING LIKE THAT?
12 A. HIS ONLY LINK TO THE HOUSE AS FAR AS I KNOW IS THE PHOTOS.
13 Q. THERE'S A PHOTOGRAPH OF HIM WITH SOME OTHER PEOPLE; IS
14 THAT CORRECT?
15 A. SEVERAL PHOTOS.
16 Q. AND SO YOU DON'T HAVE HIS FINGERPRINTS, PERSONAL MAIL,
17 NOTHING THAT REFLECTS THAT HE HAD EVER BEEN THERE?
18 A. CORRECT, THAT IS CORRECT.
19 Q. AND THE PHOTOGRAPHS, ARE THESE THE ONES THAT WERE ON THE
20 PARTY BOAT?
21 A. YES.
22 Q. AND FROM YOUR PERSONAL KNOWLEDGE YOU DON'T KNOW THE
23 CIRCUMSTANCES UNDER WHICH THEY WERE TAKEN, PERSONAL KNOWLEDGE?
24 A. WELL, I MEAN I CAN LOOK AT THEM AND MAKE SOME INFERENCES.
25 Q. YOU CAN LOOK AT THEM AND SEE IT'S A GROUP OF PEOPLE ON A

97
1 PARTY BOAT?
2 A. WELL, THERE'S A LOT MORE THAN WHAT WE SHOWED IN COURT.
3 THERE WERE PROBABLY HUNDREDS OF PHOTOS FROM THAT PARTY.
4 Q. OKAY. ALL RIGHT. SO LET'S SEE, THE HOUSES AT MOUNT PARAN
5 ROAD, THE GATE HOUSE, AND THE ELEVATOR HOUSE ON GLENRIDGE AND
6 THE VALLEY ROAD -- HABERSHAM VALLEY ROAD, THE HORSE RANCH
7 HOUSE. THEY WERE NOT SEARCHED?
8 A. CORRECT.
9 Q. SO DON'T KNOW WHETHER THERE WAS ANYTHING IN THERE TYING
10 MR. DANIELS TO ANY OF THESE HOUSES THAT REFLECT THAT HE HAD
11 EVER BEEN THERE, CORRECT?
12 A. WITH RESPECT TO TWO OF THEM NO PAPER TRAIL AT ALL.
13 Q. WELL, LET ME ASK YOU DID YOU CHECK TO SEE AGAIN ARE THERE
14 PHONES THAT GO INTO THESE HOUSES THAT WE COULD SEE SOME RECORDS
15 THAT REFLECT THAT HE CALLED OR SOMEBODY FROM THE HOUSE CALLED
16 HIM; WAS THAT DONE?
17 A. NO PHONE RECORDS. THERE'S NO HARDLINE PHONE RECORDS IN
18 THE ENTIRE CASE.
19 Q. OKAY. AND YOU DON'T KNOW IF THEY HAD HARDLINE PHONES OR
20 NOT?
21 A. I DON'T.
22 Q. DID YOU GO AROUND TO THE NEIGHBORHOOD AND SEE -- YOU'VE
23 GOT HIS PICTURE AND SAY HAS ANYBODY EVER SEEN THIS GUY COME TO
24 THIS HOUSE?
25 A. I DID NOT INTERVIEW NEIGHBORS WITH RESPECT TO THOSE THREE

98
1 LOCATIONS.
2 Q. AND HIS NAME I PRESUME IS NOT ON ANY UTILITIES?
3 A. HIS NAME IS ON VERY, VERY LITTLE PAPER.
4 Q. OKAY. CONCERNING THESE PIECES OF PROPERTY, HIS NAME IS
5 NOT ON THE DEED, LEASE, UTILITY, ANYTHING?
6 A. I'VE NEVER SEEN HIS NAME ON A LEASE OR A DEED.
7 Q. AND I'M ASSUMING THESE HOUSES ARE PRETTY SIGNIFICANT IN
8 CONNECTION WITH YOUR INVESTIGATION OR YOU WOULDN'T BE
9 MENTIONING THEM AND PUTTING PHOTOGRAPHS IN FRONT OF THE JURY
10 FOR THESE HOUSES, CORRECT?
11 A. THE HOUSES ARE SIGNIFICANT, YES, VERY SIGNIFICANT.
12 Q. THE MUSTARD SOMETHING OR OTHER -- I WANT TO ASK YOU
13 SOMETHING. WE WENT TO ONE OF THE HOUSES HERE OR MORE THAN ONE
14 OF THE HOUSES. THE SPACE MOUNTAIN HOUSE, YOU SAY WHEN YOU WENT
15 TO THE HOUSE, I MEAN IT WAS OBVIOUS PEOPLE WERE LIVING THERE
16 BUT IT WAS UNOCCUPIED AT THE TIME?
17 A. YES.
18 Q. NOBODY WAS THERE, CORRECT?
19 A. YES.
20 Q. SAY LIKE JUDGE EVANS GIVES YOU A SEARCH WARRANT, HOW MUCH
21 TIME DO YOU HAVE TO EXECUTE THAT SEARCH WARRANT; DO YOU HAVE TO
22 DO IT LIKE RIGHT THEN?
23 A. NO, NORMALLY TEN DAYS.
24 Q. SO YOU'VE GOT A SEARCH WARRANT FROM A JUDGE THAT
25 AUTHORIZES YOU TO GO TO THE HOUSE AND SEARCH IT, CORRECT?

99
1 A. YES.
2 Q. AND YET WHEN YOU GUYS ALL GET THERE, THERE'S NOBODY THERE?
3 A. THAT HAS HAPPENED, YES.
4 Q. IS THERE NOBODY THAT'S SURVEILLING THIS HOUSE TO MAKE SURE
5 THAT WHEN WE GO THERE WE'RE GOING TO GET SOME PEOPLE? WE'RE
6 GOING TO MAKE SURE IT'S OCCUPIED. YOU'VE GOT A TEN-DAY WINDOW
7 TO DO IT. DOES ANYBODY DO THOSE KIND OF THINGS?
8 A. YEAH, THERE'S ALL KINDS OF DECISIONS THAT GO INTO THE --
9 ALL KINDS OF FACTORS THAT GO INTO THE DECISION OF WHEN TO HIT A
10 HOUSE, AND SAFETY IS A CONCERN, GETTING BURNED ON SURVEILLANCE
11 IS A CONCERN, AND SOMETIMES THERE'S OTHER THINGS.
12 LIKE YOU MENTIONED WIRETAPS, SOMETIMES YOU CAN'T WAIT
13 TEN DAYS OR OTHER PARTS OF AN INVESTIGATION WILL BE
14 COMPROMISED. YOU HAVE TO TAKE THE CALCULATED GAMBLE THAT YOU
15 WILL GET PEOPLE AT THE HOUSE.
16 THERE WERE TWO VEHICLES PARKED OUTSIDE THAT HOUSE.
17 YOU WOULD EXCEPT THAT THERE MIGHT BE SOMEBODY AT THE HOUSE, BUT
18 ULTIMATELY I CAN'T EVEN EXPLAIN WHY THE DECISION WAS MADE TO
19 HIT THAT HOUSE AT THAT TIME BECAUSE I WAS NOT IN ON THAT
20 DECISIONMAKING PROCESS. SO I REALLY DON'T KNOW WHY THEY HIT
21 THE HOUSE, BUT IT WAS NOT CONSIDERED TO BE A DISAPPOINTMENT
22 THAT NO ONE WAS AT THE HOUSE.
23 Q. NOBODY WAS UPSET THAT NOBODY WAS THERE?
24 A. NO, REALLY IT WASN'T A RAID TO ARREST PEOPLE. IT WAS TO
25 GATHER EVIDENCE TO FURTHER THE INVESTIGATION.

100
1 Q. WAS IT IN THE MIDDLE OF THE DAY OR NIGHT OR DO YOU KNOW?
2 A. IT WAS EARLY EVENING WHEN IT WAS HIT.
3 Q. WITH REGARD TO THE MUSTARD, THAT'S AN APARTMENT YOU SAY
4 THAT WAS ON LENOX PARK BOULEVARD?
5 A. YEAH, THAT PERTAINED TO BILL MARSHALL. WE KNEW -- WE HAD
6 FOUND OUT THAT HE WAS RESIDING THERE. NOW THAT ONE WAS KIND OF
7 A DISAPPOINTMENT. WE WERE LATE IN HITTING THAT HOUSE. HE WE
8 BELIEVED MAINTAINED THAT APARTMENT THROUGHOUT THE DURATION OF
9 2004.
10 BY EARLY 05 HE WAS GONE. HE HAD ABANDONED IT. THE
11 ONLY THING THAT WAS THERE WAS A SHREDDER THAT DRUG DEALERS USE
12 TO SHRED DOCUMENTS. THERE WAS NO FURNITURE. THERE WAS SOME
13 SHREDDED PAPER ON THE FLOOR.
14 THERE WAS ALL KINDS OF SECURITY DEVICES STILL IN
15 PLACE, CAMERAS, BUT THAT WAS ABOUT IT, AND THEN THE SAME DAY WE
16 HIT ANOTHER HOUSE OF MARSHALL'S, HIS HOUSE IN LITHONIA.
17 Q. LET ME ASK YOU A QUESTION WITH REGARD TO THE MUSTARD. NOW
18 LENOX PARK ROAD --
19 A. LENOX PARK BOULEVARD IT'S A GATED APARTMENT COMPLEX.
20 Q. THAT'S WHAT I WAS GOING TO SAY IT LOOKS LIKE IT WAS A
21 PRETTY NICE PLACE?
22 A. YEAH, WE DIDN'T SHOW A PHOTO OF IT BUT IT'S OKAY.
23 Q. YOU SAY HE HAD SECURITY CAMERAS?
24 A. HE HAD INSTALLED SECURITY CAMERAS THAT WOULD OBSERVE
25 ANYBODY WALKING DOWN THE CORRIDOR, THE BREEZEWAY TOWARD HIS

101
1 APARTMENT.
2 Q. LET ME ASK YOU AGAIN I MEAN PRESUMABLY NOTHING CONNECTING
3 MR. DANIELS TO THIS APARTMENT; HE'S NOT ON THE LEASE?
4 A. THERE'S NO PAPER TRAIL. I CAN ONLY DEAL WITH PAPER TRAILS
5 AND MY ANY OWN OBSERVATIONS. THERE MAY BE OTHER WITNESSES TO
6 TALK ABOUT IT.
7 Q. THE ANSWER IS YES, HE'S NOT ON THE LEASE?
8 A. NOT ON THE LEASE.
9 Q. NEVER ANY EVIDENCE THAT HE MADE ANY PAYMENTS ON THIS
10 APARTMENT?
11 A. NO EVIDENCE OF THAT.
12 Q. NOT ANY EVIDENCE THAT HE EVER HAD ANYTHING TO DO WITH
13 PAYING UTILITIES OR PUTTING THEM IN HIS NAME ON THIS APARTMENT?
14 A. CORRECT.
15 Q. THIS IS AN APARTMENT BUILDING. ARE THERE OTHER PEOPLE IN
16 THE OTHER APARTMENTS?
17 A. YES.
18 Q. AND THIS WAS A DRUG HOUSE FROM WHAT YOU'RE TELLING ME,
19 CORRECT?
20 A. YES.
21 Q. WERE THERE OTHER PEOPLE IN THE APARTMENTS?
22 A. IN OTHER APARTMENTS AROUND THAT APARTMENT, YES.
23 Q. WAS ANYBODY ASKED IF THEY HAD EVER SEEN THIS MAN IN AND
24 AROUND THIS AREA, MR. DANIELS, HIS PICTURE?
25 A. NO, WE DID NOT SHOW HIS PHOTO AROUND.

102
1 Q. AGAIN, YOU DON'T KNOW WHETHER THERE WAS A TELEPHONE IN
2 THERE, I PRESUME, AT ANY TIME?
3 A. THERE WAS NO PHONE WHEN WE ENTERED.
4 Q. DID ANYBODY CHECK TO SEE WITH BELLSOUTH IF THERE HAD EVER
5 BEEN A PHONE IN THAT APARTMENT?
6 A. I BELIEVE THAT ONE DID HAVE A PHONE. IT WAS IN THE NAME
7 OF CLARENCE TILLER.
8 Q. WHAT DO YOU CALL THOSE RECORDS THAT REFLECT WHAT CALLS
9 WERE MADE FROM THAT PHONE AND WHAT CALLS CAME IN?
10 A. TOLL RECORDS WOULD JUST SHOW LONG DISTANCE LIKE ON A
11 REGULAR PHONE BILL. IF WE GOT THEM, I DON'T RECALL. I DON'T
12 THINK THEY WERE SIGNIFICANT.
13 Q. ANY EFFORT TO FIND WHETHER MR. DANIELS' FINGERPRINTS WERE
14 IN THAT APARTMENT ANYWHERE?
15 A. NO.
16 Q. WELL, YOU SAID THERE WERE SURVEILLANCE TAPES. NOW THIS
17 LOOKS LIKES A PRETTY HIGH-END PLACE. ARE THERE ANY
18 SURVEILLANCE TAPES FROM EITHER OUTSIDE CONTROLLED BY THE
19 APARTMENT COMPLEX OR IN THE APARTMENT COMPLEX THAT REFLECT A
20 PICTURE OF MR. DANIELS IN THIS APARTMENT OR COMING TO THE
21 APARTMENT?
22 A. NO BUT I DON'T KNOW WHAT I SAID ABOUT SURVEILLANCE TAPES.
23 YOU SAID I MENTIONED SURVEILLANCE TAPES?
24 Q. YOU MENTIONED SURVEILLANCE CAMERAS.
25 A. THAT'S BY THE BAD GUYS, YEAH, COUNTERSURVEILLANCE.

103
1 Q. ARE THERE ANY TAPES FROM THE BAD GUYS' EQUIPMENT THAT SHOW
2 MR. DANIELS?
3 A. NO, THEY DID NOT HAVE ANY TAPES THERE, NO.
4 Q. DID THE GOOD GUYS HAVE ANY TAPES?
5 A. THE GOOD GUYS DIDN'T DO TAPE SURVEILLANCE AT LENOX PARK
6 BOULEVARD, NO.
7 Q. YOU SAID THIS WAS A GATED COMPLEX. IS THERE ANY EVIDENCE
8 THAT MR. DANIELS HAD A PASSKEY OR PASS CODE TO THE COMPLEX?
9 A. NO.
10 Q. IT'S YOUR BELIEF THAT DRUGS WERE THERE?
11 A. AT ONE TIME, YES.
12 Q. NOW, INDIAN STREAM TRAIL YOU SAY YOU FOUND 86,000 DOLLARS
13 CASH THERE?
14 A. LAW ENFORCEMENT DID. I WAS NOT PRESENT FOR THAT SEARCH.
15 Q. OKAY. AND YOU SAY THAT WAS MR. DANIELS' HOUSE?
16 A. YES, I DID SAY THAT.
17 Q. IS THAT HOUSE IN HIS NAME?
18 A. NO, OF COURSE NOT.
19 Q. OF COURSE NOT. OKAY.
20 DID HE LIVE THERE?
21 A. YES.
22 Q. YOU HAVE -- WELL, I'M SORRY I THOUGHT -- OKAY.
23 INDIAN TRAIL STREAM IS MR. DANIELS'S HOUSE, AND THERE
24 WAS 86,000 DOLLARS IN CASH THAT WAS FOUND AT THE HOUSE?
25 A. YES.
104
1 Q. OKAY. FOREST LAKE ROAD YOU SAID THAT WAS MR. DANIELS'
2 HOUSE?
3 A. YES.
4 Q. WAS THAT HOUSE SEARCHED?
6 Q. BUT YOU KNEW IT WAS MR. DANIELS' HOUSE?
7 A. YES.
8 Q. BUT YOU DON'T KNOW IF THERE WAS DRUGS, MONEY, ANYTHING?
9 A. FROM MY PERSONAL KNOWLEDGE, NO.
10 Q. AND HE LIVED THERE WITH HIS FAMILY?
11 A. YES.
12 Q. DO YOU KNOW HIS FAMILY; DO YOU KNOW WHAT IT CONSISTS OF?
13 A. COMMON LAW WIFE AND TWO CHILDREN OF THEIRS AND A THIRD
14 CHILD THAT IS HERS BUT I THINK HE RAISED.
15 Q. AND THEY LIVED WITH HIM AT FOREST LAKE ROAD?
16 A. YES.
17 Q. LET ME ASK YOU HOW LONG DID HE LIVE THERE; DO YOU KNOW?
18 A. I'M NOT SURE OF THE EXACT TIMEFRAME, BUT I THINK OVER A
19 YEAR.
20 Q. WELL, IT NEVER WAS SEARCHED SO YOU DON'T KNOW IF THERE WAS
21 ANYTHING IN THERE THAT WOULD BE INCRIMINATING?
22 A. I HAVE TO EXPLAIN WHY -- IT SOUNDS LIKE WE DIDN'T DO ANY
23 WORK ON THIS CASE --
24 Q. I THINK YOU DID A LOT OF WORK.
25 A. WE'RE TRYING TO TIME THINGS RIGHT. WE CAN'T GO GRAB

105
1 FLEMING DANIELS AND SEARCH HIS HOUSE IF WE'VE GOT 99 OTHER
2 TARGETS THAT WE'RE TRYING TO GET IN POCKET AND GATHER EVIDENCE
3 AGAINST AT THE SAME TIME.
4 IT'S ALL A MATTER OF TIMING OF GETTING PEOPLE
5 TOGETHER AT THE RIGHT TIME AND NOT HAVING A WHOLE LOT OF
6 FUGITIVES AND A WHOLE LOT OF PEOPLE AWARE OF WHAT WE'RE DOING.
7 WE'RE TRYING TO KEEP BELOW THE SURFACE WHILE WE'RE
8 DOING OUR INVESTIGATING. SO THE TIMING OF SOME OF THESE SEARCH
9 WARRANTS YOU MAY NOT GET A WHOLE LOT OF BIG SCORE WHEN YOU DO
10 HIT THE HOUSE.
11 Q. OKAY. LET ME ASK YOU THIS. LET'S JUST ASSUME THERE IS
12 NOTHING IN THE HOUSE OR WE DIDN'T KNOW IF THERE IS ANYTHING IN
13 THE HOUSE, BUT YOU HAD BY LATE 2007 OR MID 2007 YOU HAD A
14 PRETTY GOOD IDEA OF WHO YOU THOUGHT MR. DANIELS WAS IN LEAGUE
15 WITH; YOU MENTIONED A BUNCH OF NAMES, CORRECT?
16 A. BY 07, YEAH, SURE, YES.
17 Q. AND YOU HAD PICTURES OF ALL THESE PEOPLE, CORRECT?
18 A. A LOT PICTURES, YES.
19 Q. WAS THE HOUSE THAT HE LIVED IN IN A NEIGHBORHOOD?
20 A. WHICH ONE?
21 Q. THE HOUSE HE LIVED WITH HIS CHILDREN AND HIS WIFE?
22 A. THE ONE THAT -- I THOUGHT WE WERE TALKING ABOUT FOREST
23 LAKE.
24 Q. WHERE HE LIVED WITH HIS CHILDREN?
25 A. WELL, I THINK HE ALSO LIVED WITH HIS CHILDREN AT INDIAN

106
1 STREAM TRAIL.
2 Q. ARE THEY IN NEIGHBORHOODS?
3 A. THEY BOTH ARE, YES.
4 Q. DID YOU GO AROUND TO NEIGHBORS AND SAY HAVE YOU SEEN ANY
5 OF THESE PEOPLE COME TO THIS HOUSE THAT WOULD INDICATE THAT
6 SOME OF THESE OTHER FELLOWS HAVE BEEN THERE; DID ANYBODY DO
7 THAT?
8 A. YES, THAT WAS DONE IN BOTH OF THOSE NEIGHBORHOODS.
9 Q. DO YOU KNOW WHETHER HE HAD TELEPHONES OR NOT? I MEAN HE
10 HAD CHILDREN. DID HE HAVE WHAT THEY CALL A LANDLINE, HARD WIRE
11 IN THAT HOUSE?
12 A. I DON'T KNOW THE ANSWER TO THAT QUESTION AS TO HARDLINES
13 AS TO BOTH OF THOSE HOUSES. DON'T KNOW.
14 Q. SO THERE WOULDN'T BE ANY TELEPHONE RECORDS FROM THOSE
15 HOUSES SHOWING HE WAS CALLING PEOPLE AND THEY WERE CALLING HIM?
16 A. IF THERE WERE HARDLINE PHONE RECORDS, THEY WOULD NOT HAVE
17 BEEN IN HIS NAME. BUT WOULD THEY SHOW PHONE CONTACTS WITH
18 OTHER SUSPECTS? MAYBE BUT NOT LIKELY. IT WOULD BE MORE -- I
19 MEAN I THINK THOSE CONVERSATIONS WOULD BE MORE LIKELY TO TAKE
20 PLACE VIA CELLPHONES.
21 Q. WELL YOU'VE GOT CELLPHONES AND YOU DIDN'T GET THOSE
22 RECORDS?
23 A. I GOT TWO NUMBERS, BUT IT'S COMMON FOR TARGETS OR SUSPECTS
24 TO HAVE SEVERAL PHONES AND ONLY HAVE PHONES FOR A SHORT
25 DURATION AND THEN CHANGE THE NUMBERS.

107
1 Q. ALL RIGHT. LET'S SEE. I WANTED TO ASK YOU SOMETHING
2 ELSE. CAN I SEE 10-A?
3 MR. O'BRIEN: MAY I APPROACH THE WITNESS?
4 THE COURT: YES.
5 BY MR. O'BRIEN:
6 Q. THESE WERE PICTURES THAT YOU FOUND IN SOMEBODY'S HOUSE,
7 DID YOU SAY.
8 A. THIS WAS 1270 EUGENIA TERRACE IN LAWRENCEVILLE. I DID
9 PARTICIPATE IN THIS SEARCH WARRANT.
10 Q. THIS 10-C IS A PICTURE YOU IDENTIFIED AS MR. DANIELS
11 WEARING A SHIRT THAT SAYS BLEU DAVINCI ON IT; DOES IT NOT?
12 A. YES, THAT'S CORRECT.
13 Q. THAT'S THE FELLOW YOU IDENTIFIED AS THE DRUG DEALER, DRUG
14 DEALER/ENTERTAINER, WHATEVER HE IS?
15 A. HE WAS INDICTED IN THE CASE. I WOULD SAY HE'S A DRUG
16 DEALER.
17 Q. LET ME ASK YOU NOW WE'VE GOT A PICTURE 10-B THAT YOU
18 IDENTIFIED AS A PICTURE OF MR. DANIELS AND HE'S SITTING AT A
19 TABLE AND THERE'S A LARGE AMOUNT OF MONEY IN FRONT OF HIM?
20 A. YES.
21 Q. DO YOU SEE ANY DIFFERENCE IN THE QUALITY AND STYLE OF
22 THESE PHOTOGRAPHS?
23 A. ONE HAS BORDERS AND THE OTHER DOESN'T.
24 Q. WOULD IT SURPRISE YOU IF I TOLD YOU THAT THIS PHOTOGRAPH
25 CAME OFF OF A DVD THAT WAS MADE?

108
1 A. IT WOULD NOT SURPRISE ME.
2 Q. OKAY. A DVD IS SOMETHING THAT SOMEBODY MANUFACTURERS SORT
3 OF LIKE A VIDEO OR SOMETHING LIKE THAT IF THEY'RE GOING TO
4 HAVE -- THAT'S WHAT WE SEE ON TV WHEN THE SINGERS AND RAPPERS
5 DO THEIR THING, RIGHT?
6 A. I'VE SEEN IT.
7 Q. OKAY. THE OTHER TWO PHOTOGRAPHS YOU SAY YOU FOUND THEM.
8 YOU DON'T KNOW THE CIRCUMSTANCES WHERE, WHEN THEY WERE TAKEN,
9 WHO TOOK THEM OR ANYTHING LIKE THAT, PERSONAL KNOWLEDGE; IS
10 THAT CORRECT?
11 A. CORRECT.
12 MR. O'BRIEN: JUDGE, I MAY BE JUST ABOUT FINISHED. I
13 KNOW YOU WANT TO STOP.
14 (PAUSE IN THE PROCEEDINGS.)
15 MR. O'BRIEN: THANK YOU, AGENT HARVEY.
16 THE COURT: IS THAT ALL FOR AGENT HARVEY?
17 MR. MCBURNEY: WE HAVE FEW A FOLLOW-UP QUESTIONS BUT
18 I CAN DO THAT -- I'LL HAVE MORE QUESTIONS BASED ON THE
19 CROSS-EXAMINATION.
20 THE COURT: ALL RIGHT. WE WILL TAKE A LUNCH BREAK
21 UNTIL 1:40, LADIES AND GENTLEMEN. PLEASE BE BACK IN THE JURY
22 ROOM AT 1:40.
23 (NOON RECESS)
25 MR. MCBURNEY: THANK YOU, JUDGE.

109
1 REDIRECT EXAMINATION
2 BY MR. MCBURNEY:
3 Q. YOU'RE STILL UNDER OATH, AGENT HARVEY.
4 I WANT YOU TO DISCUSS WITH THE JURY THROUGH THE
5 QUESTIONS I ASK A FEW OF THE INVESTIGATIVE TECHNIQUES THAT MR.
6 O'BRIEN ASKED YOU ABOUT.
7 I WANT TO START WITH WIRETAPS WHICH WE ALSO CALL THEM
8 T-III'S SOMETIMES. IS IT EASY AS IN YOU FILL OUT ONE PIECE OF
9 PAPER TO GO UP ON A PHONE, IN OTHER WORDS START MONITORING THE
10 CONVERSATION?
11 A. IT'S NOT EASY. IT'S ENORMOUSLY DIFFICULT. IT'S A BIG
12 PROCESS THAT INVOLVES SEVERAL LEVELS OF APPROVAL BEFORE YOU GET
13 TO A JUDGE.
14 Q. IN THE END A JUDGE HAS TO AUTHORIZE IT?
15 A. A JUDGE DOES HAVE TO AUTHORIZE IT, YES.
16 Q. DO YOU HAVE TO PREPARE AN AFFIDAVIT FOR A WIRETAP?
17 A. YES, IT'S USUALLY ABOUT A HUNDRED PAGE AFFIDAVIT, AND IT
18 INVOLVES JUST CERTAIN STEPS YOU HAVE TO COMPLY WITH INCLUDING
19 SHOWING THAT THIS IS A LAST RESORT, THAT THERE IS NO OTHER
20 MEANS OF EFFECTIVE INVESTIGATION THAT WOULD LIKELY SUCCEED.
21 YOU HAVE TO BE ABLE TO SHOW THAT THIS IS THE LAST
22 POSSIBILITY OF -- IN OTHER WORDS, SURVEILLANCE WOULD BE
23 IMPOSSIBLE, INFORMANT INFILTRATION WOULD BE IMPOSSIBLE AND THAT
24 OUR LAST RESORT IS A WIRETAP. IT'S CALLED A NECESSITY
25 REQUIREMENT IN THE TITLE III AFFIDAVIT, TITLE III OR T-III.

110
1 Q. HOW MANY WIRETAPS ARE YOU AWARE OF THAT WERE BROUGHT
2 FEDERALLY IN THE OVERALL BMF INVESTIGATION?
3 A. FEDERALLY ONLY ONE, ONLY ONE OFFICE DID ONE WHICH WAS
4 DETROIT AND --
5 Q. WHOSE PHONE DID THEY TRY TO GO UP ON?
6 A. PRIMARILY TERRY FLENORY. DETROIT WAS AWARE THAT TERRY
7 FLENORY HAD NUMEROUS CELLPHONES. THEY DID GET UP ON ONE OF
8 THOSE PHONES, AND I BELIEVE THAT HE CHANGED THE NUMBER A COUPLE
9 OF TIMES BUT THEY WERE ABLE TO -- THEY WERE NEVER ON MORE THAN
10 ONE PHONE AT ONE TIME OF TERRY FLENORY'S BUT THEY --
11 Q. HOW MANY CELLPHONES IN THE END DID THE INVESTIGATION LINK
12 TO TERRY FLENORY?
13 A. MAYBE TWO OR THREE. LIKE I SAID, IT WAS ONLY ONE AT A
14 TIME. HE CARRIED LIKE TEN CELLPHONES.
15 Q. IN A BAG OR ON HIS PERSON OR IN HIS ENTOURAGE, YOU SAID
16 TEN CELLPHONES?
17 A. THAT WAS HIS METHOD OF OPERATION, YES.
18 Q. OKAY. SO ONE FEDERALLY. WERE THERE ANY -- YOU DESCRIBED
19 IN PARTICULAR WHEN MR. O'BRIEN WAS ASKING YOU QUESTIONS A BUNCH
20 OF AGENCIES THAT WERE ASSISTING, PARTICIPATING IN THE
21 INVESTIGATION. WERE THERE ANY WHAT I'LL CALL STATE WIRETAPS?
22 A. YES, IN THIS INVESTIGATION HIDTA IN ATLANTA TAPPED THE
23 PHONE OF YOLANDA DRAYER AND OMARI MCCREE.
24 Q. I THINK WE'RE HEARD OF THE FORMER. THAT'S YOGI THE HOUSE
25 WHERE YOU FOUND THE PHOTOS OF DEFENDANT DANIELS?

111
1 A. YES.
2 Q. AND OMARI MCCREE IS WHO?
3 A. OMARI MCCREE WAS A LOCAL ATLANTA DRUG TRAFFICKER WHO WAS
4 LATER IDENTIFIED AS A BMF MEMBER, AND HE WAS SUBSEQUENTLY
5 ARRESTED AND IS SERVING STATE PRISON TIME RIGHT NOW.
6 Q. SO OF THE 60, 70 HOWEVER MANY DEFENDANTS YOU'VE DESCRIBED
7 ACROSS ALL THESE INDICTMENTS, THREE PEOPLE HAD THEIR PHONES
8 MONITORED THROUGH A T-III?
9 A. THERE WAS ONE OTHER PERSON IN DETROIT, AN UNDERLING OF
10 TERRY FLENORY'S. HIS NAME WAS BENJAMIN SMITH I BELIEVE.
11 Q. HIS PHONE WAS MONITORED AS WELL BY THE DETROIT
12 AUTHORITIES?
13 A. CORRECT, AND THAT TAP WAS NOT PRODUCTIVE AS FAR AS I KNOW.
14 Q. ALL THESE PHONE CALLS THAT WERE INTERCEPTED ON TERRY
15 FLENORY'S PHONE, WERE THOSE PART OF THE -- WERE YOU INVOLVED IN
16 ASSEMBLING THE DISCOVERY, MEANING INFORMATION THAT THE
17 GOVERNMENT SHARES WITH THE DEFENSE?
18 A. YES, I WAS INVOLVED IN MAKING THE TAPES OF THE INTERCEPTS,
19 OF ALL THE INTERCEPTS AVAILABLE TO THE DEFENSE IN THE CASE. IT
20 WAS ALL TURNED OVER, YES.
21 Q. WAS MR. DANIELS INTERCEPTED ON ANY OF THE IT SOUNDS LIKE
22 FOUR INDIVIDUALS, FOUR OUT OF 80 WHATEVER THE NUMBER IS PHONES?
23 A. HE WAS NOT.
24 Q. WAS MEECH INTERCEPTED ON ANY OF THOSE PHONES?
25 A. MEECH WAS NOT INTERCEPTED ON HIS BROTHER'S TAP. HE WAS

112
1 INTERCEPTED ON THE YOLANDA DRAYER TAP.
2 Q. HOW MANY TIMES?
3 A. JUST A COUPLE OF TIMES AND IT WAS NEVER DRUG RELATED TALK.
4 Q. I'M NOT GOING TO DO ALL THE NAMES, BUT YOU MENTIONED J-BO,
5 CHAD BROWN, WAS HE EVER INTERCEPTED ON ANY OF THESE?
6 A. J-BO NEVER.
7 Q. THERE ARE 16 DEFENDANTS IN THIS CASE, IN THE ATLANTA
8 CASE. ANY OTHER ATLANTA DEFENDANTS OTHER THAN DEFENDANT
9 DANIELS INTERCEPTED ON ANY OF THESE WIRETAPS?
10 A. JUST TWO. GUERVILLE WHO IS A FUGITIVE, THE GUY IN THE
11 WHITE HOUSE.
12 Q. THE PICTURE WE'VE SEEN?
13 A. YES AND AN INDIVIDUAL NAMED DARRYL TAYLOR ON ONE OR TWO
14 CALLS WITH TERRY FLENORY.
15 Q. THAT'S IT?
16 A. THAT'S IT.
17 Q. MR. O'BRIEN ASKED YOU A FAIR NUMBER OF QUESTIONS ABOUT
18 SURVEILLANCE FOOTAGE, AIRPLANES IN THE SKY. WE HAVE SOME
19 AERIAL PHOTOS. APPARENTLY PEOPLE WERE DRIVING BY HOUSES AND
20 TAKING PICTURES.
21 HE FOCUSED ON WHETHER THERE WERE ANY SURVEILLANCE
22 PICTURES GENERATED BY LAW ENFORCEMENT OR BY BAD GUYS' CAMERAS
23 THAT YOU'VE OBTAINED THAT HAD MR. DANIELS IN THEM CONNECTED
24 WITH DRUGS OR MONEY SOMEWHERE, SHOWING HIM UNLOADING A LIMO OR
25 A TRAPPED CAR UNLOADING IT.

113
1 WHAT WAS YOUR ANSWER TO THAT QUESTION?
2 A. I SAID WE DID NOT HAVE ANY SURVEILLANCE PHOTOGRAPHS OF
3 FLEMING DANIELS PARTICIPATING IN DRUG TRANSACTIONS.
4 Q. I'D LIKE TO EXPAND THAT QUESTION A LITTLE BIT. DID THE
5 DEA OR ANY RELATED AGENCY THROUGH ANY SURVEILLANCE PHOTOS,
6 AIRPLANE, HELICOPTER, SATELLITE, WHATEVER, GET ANY PICTURES OF
7 ANY OF THE DEFENDANTS IN THIS CASE OR OF THE OTHER CASES
8 ENGAGING IN OVERT OBVIOUS DRUG RELATED ACTIVITY UNLOADING A
9 LIMO, LOADING A LIMO, COUNTING BRICKS, COUNTING MONEY?
10 A. ONLY ONE INSTANCE IN THIS INVESTIGATION AS FAR AS I KNOW
11 AMONG ALL THE DIFFERENT STATES, AND IT WAS SOMETHING THAT
12 HAPPENED AT PHIPPS PLAZA. IT WAS NOT REALLY DONE BY LAW
13 ENFORCEMENT BY DEA OR ANYBODY. IT WAS KIND OF DUMB LUCK THAT A
14 SECURITY CAMERA AT PHIPPS PLAZA HAD CAPTURED AN EXCHANGE OF A
15 BAG FROM ONE CAR TO ANOTHER.
16 Q. THAT'S ONE OF THE SUBSTANTIVE COUNTS IN THIS INDICTMENT,
17 BUT IT'S NOT CONNECTED TO MR. DANIELS?
19 Q. THAT'S IT FOR ALL THE YEARS OF INVESTIGATION?
20 A. THAT IS CORRECT, YES.
21 Q. MR. O'BRIEN ASKED YOU IF MR. DANIELS, DEFENDANT DANIELS
22 HAD DRUGS ON HIM WHEN HE WAS ARRESTED. YOU WERE INVOLVED IN
23 HIS ARREST. YOUR ANSWER WAS NO.
24 DID ANYONE WHEN ARRESTED IN ANY OF THE ROUNDUPS
25 YOU'VE DESCRIBED HAVE BRICKS OF COCAINE, THE KILO QUANTITIES ON

114
1 THEIR PERSON WHEN ARRESTED?
2 A. JUST IF IT WAS A CAR STOP, I THINK AN INDIVIDUAL JABARI
3 HAYES, BUT NOT ON HIS PERSON BUT IN HIS VEHICLE. OTHER THAN A
4 VEHICLE STOP OR A HOUSE SEARCH, NO, I KNOW THERE WAS NOT ANY
5 DEFENDANTS IN THE CASE THAT WERE ARRESTED WITH BRICKS IN THEIR
6 PERSONAL POSSESSION OR EVEN OUNCES IN THEIR POCKETS.
7 Q. IN THE ROUNDUP FOR THIS CASE THE ATLANTA INDICTMENT, I
8 UNDERSTAND NOT EVERYONE, THERE'S A FEW FUGITIVE, WERE
9 SIGNIFICANT QUANTITIES OF COCAINE SEIZED FROM ANY OF THE
10 DEFENDANTS WHEN THEY WERE ARRESTED?
11 A. NO, WHAT WE DID IN THIS CASE WAS A ROUNDUP IN JULY OF 07,
12 AND WE WERE ARRESTING PEOPLE SORT OF AT A TIME WHEN THE CASE,
13 THE INVESTIGATION HAD COME TO A CONCLUSION.
14 AT THAT TIME FLEMING DANIELS WAS ALREADY IN CUSTODY,
15 AND WHEN HE WAS ARRESTED, WE TALKED ABOUT NOT SEARCHING HIS
16 VEHICLE, I DIDN'T IDENTIFY MYSELF AS A DEA AGENT AT THAT TIME
17 FOR INVESTIGATIVE PURPOSES. WE WERE --
18 Q. YOU DIDN'T IDENTIFY YOURSELF. I DON'T WANT YOU TO GO MUCH
19 FURTHER IN THE CIRCUMSTANCES OF THE ARREST, BUT YOU DIDN'T SAY
20 THIS IS A DEA ARREST IS WHAT I'M HEARING YOU SAY?
21 A. CORRECT.
22 Q. OKAY. MY QUESTION WAS WHEN YOU DID THE ROUNDUP FOR THIS
23 CASE, AND I RECOGNIZE MR. DANIELS WAS TAKEN INTO CUSTODY SOME
24 DAY OR MONTHS OR WEEKS BEFORE THAT, BUT THE BIG ROUNDUP IN THIS
25 CASE DID YOU FIND LOTS OF DRUGS IN ANY OF THE HOUSES WHERE YOU
115
1 FOUND THE PEOPLE?
2 A. NO, I DID NOT.
3 Q. MR. O'BRIEN ASKED A NUMBER OF QUESTIONS ABOUT NAMES ON
4 LEASES. WAS THE WHITE HOUSE IN DEFENDANT DANIELS' NAME, WAS
5 THE ELEVATOR IN DEFENDANT DANIELS' NAME.
6 WERE ANY OF THE HOUSES INSOFAR AS YOU'RE AWARE OF
7 WHOSE NAME WAS ON WHAT EVER IN REAL NAMES OF ANY OF THE
8 DEFENDANTS IN ANY OF THE BMF INDICTMENTS?
9 A. NO.
10 Q. WHAT'S CLOSEST IT CAME IF YOU CAN THINK OF AN EXAMPLE?
11 A. I CAN THINK OF A COUPLE OF EXAMPLES. THE WHITE HOUSE WAS
12 OWNED IN THE NAME TONESSA WELCH WHO IS THE COMMON LAW WIFE OF
13 TERRY FLENORY. THE DATE --
14 Q. LET ME STOP YOU A SECOND ON THAT. THE COMMON LAW WIFE OF
15 TERRY FLENORY HAD THE WHITE HOUSE IN HER NAME?
16 A. YES.
17 Q. THE RESIDENCES THAT YOU TALKED ABOUT THAT YOU ASSOCIATE
18 DEFENDANT DANIELS WITH INDIAN STREAM AND THE FOREST LAKE, IN
19 WHOSE NAME WERE THOSE RESIDENCES, IF YOU KNOW?
20 A. I KNOW FOREST LAKE WAS OWNED BY A MAN NAMED DOUGLAS
21 ANTHONY BROWN. THERE WERE NO UTILITY RECORDS IN THE NAME OF
22 FLEMING DANIELS OR EVEN HIS COMMON LAW WIFE RODESHA MITCHELL.
23 SHE DIDN'T HAVE THE PHONE OR POWER OR ANYTHING IN HER NAME LET
24 ALONE HIS NAME.
25 INDIAN STREAM TRAIL I'M LESS FAMILIAR WITH WHAT THE

116
1 UTILITIES WERE. I BELIEVE THAT WAS -- ACTUALLY THERE WAS A
2 MORTGAGE AT THAT HOUSE IN THE NAME OF RODESHA MITCHELL.
3 Q. THE DEFENDANT'S COMMON LAW WIFE?
4 A. CORRECT.
5 Q. BUT I HAD INTERRUPTED YOU, YOU WERE TOUCHING UPON ONE
6 DEFENDANT'S COMMON LAW WIFE AND WE HAD THAT.
7 SO TERRY FLENORY THE WHITE HOUSE IN COMMON LAW WIFE'S
8 NAME, AND YOU HAD ONE OTHER EXAMPLE?
9 A. THE GATE, 730 MOUNT PARAN, WE DID AN INVESTIGATION ON THAT
10 AND FOUND IT WAS A LEASE/PURCHASE FROM THE REAL ESTATE AGENCY
11 WAS MARQUEE BROKERS. THE LISTED TENANT WAS DERRICK JERMAINE
12 WILLIAMS.
13 Q. WHAT'S THE SIGNIFICANCE OF THAT NAME?
14 A. THAT'S THE NAME ON THE TENNESSEE LICENSE OF CHAD BROWN
15 A/K/A J-BO WHO IS THE ALLEGED TOP UNDERBOSS OF DEMETRIUS
16 FLENORY.
17 Q. DERRICK WILLIAMS IS NOT CHAD BROWN'S REAL NAME?
18 A. CORRECT.
19 Q. MR. O'BRIEN ASKED YOU ABOUT WHETHER IN THESE DIFFERENT
20 HOUSES THAT YOU GUYS DID SEARCH WHETHER YOU TRIED TO LIFT
21 PRINTS OF DEFENDANT DANIELS.
22 EXPAND THAT QUESTION. DID YOU ATTEMPT TO GET
23 FINGERPRINTS OF ANY OF THE DOZENS AND DOZENS OF BMF DEFENDANTS
24 DURING THOSE SEARCHES?
25 A. NO, ON NONE OF THE SEARCHES THAT I WAS AT WAS ANY CRIME

117
1 SCENE TYPE PHOTOGRAPHING BEING DONE. SOME ITEMS THAT WERE
2 SEIZED MIGHT HAVE BEEN FINGERPRINTED AFTER THE FACT, BUT
3 THERE'S NO FINGERPRINTING OF WALLS OR CHAIRS OR THINGS LIKE
4 THAT.
5 Q. EXPLAIN TO THE JURORS WHY YOU DO THAT. PLENTY OF PEOPLE
6 WATCH CSI AND SORT OF ASSUME YOU CAN COME IN WITH THIS STRANGE
7 BLUE LIGHT THING AND YOU CAN RECREATE THE MURDER. THERE'S A
8 HOLOGRAM ON THE WALL.
9 WHY WOULDN'T YOU GO IN WITH ALL THESE TECHNICAL
10 EXPERTS AND TRY TO PRINT EVERY SURFACE?
11 A. VARIOUS REASONS. LIMITATION OF RESOURCES IS ONE. IN THIS
12 PARTICULAR CASE A LOT OF THE ARRESTS WERE MADE AT HOUSES WHERE
13 WE WERE SIMPLY EXECUTING ARREST WARRANTS. WE WERE NOT
14 CONDUCTING SEARCH WARRANTS.
15 NOW BELLAIRE LAKE WAS ONE THAT WE COULD HAVE IN
16 RETROSPECT MAYBE DONE FINGERPRINTS BECAUSE THERE WAS NOBODY AT
17 THE HOUSE AT THE TIME.
18 Q. BELLAIRE LAKE IS WHICH?
19 A. BELLAIRE LAKE IS THE WHITE HOUSE. WE DID HAVE DEKALB
20 COUNTY POLICE WITH US. IF WE HAD REQUESTED FINGERPRINTING THEY
21 MIGHT HAVE DONE THE FINGERPRINTING, BUT WE FOUND A LOT OF WHAT
22 WE CALL INDICIA OF OCCUPANCY AT THE HOUSE.
23 AT THAT TIME WE KNEW DEMETRIUS FLENORY WHO WAS OUR
24 MAIN TARGET AT THAT TIME. HE WAS IN CUSTODY AT THAT TIME.
25 TERRY FLENORY DID NOT LIVE IN THE STATE OF GEORGIA.

118
1 WE FOUND PAPERWORK OF TWO OF THEIR -- PARTICULARLY
2 TWO INDIVIDUALS ALL OVER THE HOUSE THAT WAS MICHAEL ANTHONY
3 GREEN AND A GUY NAMED TERRANCE SCHWARTZ A/K/A TEXAS CUZ.
4 Q. MR. GREEN IS HE A DEFENDANT IN THIS CASE?
5 A. HE IS, YES.
6 Q. YOU TOLD THE JURY EARLY ON YOU'VE BEEN A DEA AGENT FOR 24
7 YEARS. WAS THIS THE FIRST CASE IN WHICH YOU WERE INVOLVED IN
8 EXECUTING SEARCH WARRANTS AT SUSPECTED STASH HOUSES?
10 Q. BALLPARK HOW MANY SUCH SEARCHES HAVE YOU BEEN INVOLVED
11 WITH?
12 A. PROBABLY OVER 300.
13 Q. SHARE WITH THE JURY WHICH IS THE MORE TYPICAL PROCEDURE.
14 CSI TYPE TECHNICIANS IN THERE DOING THE HIGH TECH
15 FINGERPRINTING VERSUS WHAT YOU'VE DESCRIBED IN THE SERIES OF
16 SEARCHES DONE IN THIS CASE?
17 A. IN MY EXPERIENCE I'VE NEVER REALLY WITNESSED IN REAL LIFE
18 ANY OF THE CSI TYPE SEARCHES, BUT I SUPPOSE THERE COULD BE A
19 SITUATION WHERE YOU WOULD DO THAT, BUT WE JUST HAVEN'T DONE ANY
20 ON SITUATIONS THAT I'VE BEEN A PART OF.
21 Q. MR. O'BRIEN FRAMED A NUMBER OF HIS QUESTIONS IN TERMS OF
22 WHAT YOU DID VIS-A-VIS -- OR DIDN'T DO VIS-A-VIS HIS CLIENT
23 DEFENDANT DANIELS.
24 WAS DEFENDANT DANIELS THE PRIMARY PERSON ABOUT WHOM
25 YOU WERE INTERESTED AND FOR WHOM YOU WERE TRYING TO GATHER
119
1 EVIDENCE WHEN YOU WERE EXECUTING THESE SEARCHES AND DOING THESE
2 THINGS YOU'VE SHARED WITH THE JURY?
3 A. NO, HE WAS A TARGET BUT JUST THE WAY THE CASE WORKED OUT
4 FOR A LOT OF THE TIME THAT I WAS INVESTIGATING FLEMING DANIELS
5 AND OTHERS, I -- A LOT OF PEOPLE AROUND HIM HAD BEEN ARRESTED.
6 HE HAD NOT BEEN ARRESTED, AND I DIDN'T PARTICULARLY WANT HIM TO
7 KNOW THAT HE WAS ON DEA'S RADAR. SO WE WERE KEEPING A LOW
8 PROFILE. AS FAR AS INTERVIEWING NEIGHBORS AND THINGS LIKE
9 THAT, WE WERE NOT DOING THINGS LIKE THAT.
10 Q. MR. O'BRIEN ASKED YOU A LITTLE BIT ABOUT DVD OR SOMETHING
11 WITH BLEU DAVINCI AND ASKED IF HE COULD SEE IT. YOU'VE ALREADY
12 TOLD THE JURY YOU HELPED PUT TOGETHER DISCOVERY.
13 ARE THE DVD'S WITH BLEU DAVINCI AND ALL THE PICTURES
14 THAT HAVE BEEN SEIZED, THE PICTURES OF THE DEFENDANT'S 30TH
15 BIRTHDAY PARTY AT YOGI'S HOUSE AND OTHER PICTURES, HAVE THOSE
16 BEEN MADE AVAILABLE TO MR. O'BRIEN?
17 A. YES, THEY WERE ALL PART OF DISCOVERY IN THE CASE. THEY'VE
18 ALL BEEN MADE AVAILABLE.
19 Q. THE LAST THING I WANT TO TALK ABOUT ARE PHONE RECORDS.
20 EXPLAIN TO THE JURY WHAT YOU -- I UNDERSTAND YOU DID NOT TRY TO
21 GET CALL DETAIL RECORDS FOR THOSE TWO, THE ONLY TWO CELLPHONE
22 NUMBERS YOU GOT FOR SHAMEER JACKSON, WHOEVER THAT MIGHT BE.
23 HAD YOU GOTTEN THEM WHAT'S ON THAT; DOES IT SAY
24 PERSON A CALLED PERSON B OR IS IT JUST PHONE NUMBERS?
25 A. NO, YOU WOULD JUST GET MORE PHONE NUMBERS. IF THEY HAD
120
1 THE CALL DETAIL RECORDS, I WOULD BE ABLE TO -- SOMETIMES THEY
2 DO AND SOMETIMES THEY DON'T, BUT IF THEY DID THEY WOULD SHOW A
3 CALL TO THIS NUMBER MADE AT THIS TIME LASTING THIS DURATION,
4 DATE, TIME, DURATION OF CALL.
5 THEN I WOULD HAVE TO TAKE THAT NUMBER AND DO A
6 SUBSCRIBER REQUEST TO FIND OUT WHO WAS THE CARRIER OF THAT
7 NUMBER. IT MIGHT BE ANOTHER FICTITIOUS NAME OR IT MIGHT BE A
8 REAL NAME.
9 IN MY EXPERIENCE A LOT OF PEOPLE GET PHONE SERVICE IN
10 EITHER FICTITIOUS NAMES OR FRIEND'S NAMES, FAMILY MEMBERS,
11 COUSINS, WHATEVER. IT'S A PRETTY TEDIOUS INVESTIGATION TO TRY
12 TO PUT A CASE TOGETHER JUST WITH PHONE RECORDS. IT CAN BE
13 DONE.
14 Q. IF YOU HAD THE PHONE RECORDS FOR ONE OF THE TWO SHAMEER
15 JACKSON PHONES SAID THAT PHONE CALLED PHONE NUMBER 1234, YOU
16 GET THE SUBSCRIBER RECORDS FOR THAT AND IT SAYS IT'S JOHN SMITH
17 AS OPPOSED TO DEMETRIUS FLENORY BECAUSE DEMETRIUS FLENORY
18 DOESN'T HAVE A PHONE IN HIS NAME, HOW CAN YOU FIGURE OUT THAT
19 THAT'S A CALL OF SIGNIFICANCE TO YOUR INVESTIGATION?
20 A. I REALLY CAN'T. THE CONTACT ITSELF WOULD BE OF VERY
21 LIMITED SIGNIFICANCE. I DON'T HAVE THE CONTENT OF THE CALL
22 BECAUSE IT'S NOT A WIRETAP. IT'S JUST A RECORD OF ONE LINE
23 CALLING ANOTHER. I COULDN'T REALLY SAY WHO THE PARTY ON EITHER
24 END OF THE CALL REALLY WAS.
25 Q. DID THE DEA DURING THE COURSE OF THIS INVESTIGATION EVER

121
1 COME ACROSS A CELLPHONE THAT WAS IN THE ACTUAL SUSPECT'S NAME?
2 A. I CANNOT THINK OF ANY OFF THE TOP OF MY HEAD. IT WOULD BE
3 UNUSUAL. IT MIGHT HAPPEN 5 PERCENT OF THE TIME, BUT I CANNOT
4 THINK OF AN EXAMPLE IN THIS CASE WHERE A DEFENDANT HAD A
5 CELLPHONE IN HIS OWN NAME.
6 MR. MCBURNEY: ONE SECOND.
7 (PAUSE IN THE PROCEEDINGS.)
8 MR. MCBURNEY: THANK YOU, AGENT HARVEY.
9 RECROSS-EXAMINATION
10 BY MR. O'BRIEN:
11 Q. JUST A COUPLE OF POINTS, AGENT HARVEY. I DON'T WANT TO
12 BEAT THE HORSE TO DEATH.
13 ONE FELLOW YOU SAID HAD TEN TELEPHONES ON HIM,
14 CORRECT?
15 A. TERRY FLENORY, CORRECT.
16 Q. HOW MANY PEOPLE HAVE BEEN ARRESTED IN THIS CASE AND ST.
17 LOUIS AND DETROIT AND EVERYWHERE ELSE?
18 A. I'LL ADD IT UP IF I CAN? THERE WAS 25 IN DETROIT AND THEN
19 THEY INDICTED 16 MORE. THAT'S 41. THEN THEY INDICTED 17
20 MORE. THAT'S 58. 20 IN EXQUISITE EMPIRE WOULD MAKE IT 78. 16
21 IN THIS CASE WOULD MAKE IT 94. 8 IN ORLANDO WOULD MAKE IT 102
22 AND THEN 20 IN LOS ANGELES. 122.
23 Q. SO 120 PEOPLE HAVE BEEN ARRESTED, ROUNDED UP AND WHATNOT,
24 CORRECT?
25 A. AT LEAST.
122
1 Q. SO I GOT TO FIGURE IF ONE GUY CARRIED TEN PHONES WITH HIM,
2 THERE'S PROBABLY GOING TO BE A WHOLE LOT OF CELLPHONES THAT
3 PEOPLE HAD ON THEM WHEN THEY WERE ARRESTED THAT THE ARRESTING
4 AUTHORITIES GOT?
5 A. YES, A LOT OF CELLPHONES WERE SEIZED, YES.
6 Q. AND YOU MAY NOT HAVE THEM IN SOMEBODY'S NAME BUT CERTAINLY
7 YOU HAVE THE PHONE NUMBER OF THE CELLPHONE THAT CORRESPONDS
8 WITH THE PHONE YOU SEIZED, CORRECT?
9 A. YES.
10 Q. ARE THERE ANY RECORDS THAT I CAN LOOK AT OR THIS JURY CAN
11 LOOK AT REFLECTING MY CLIENT? YOU HAD HIS TWO PHONES YOU SAY,
12 AND YOU HAD HIS PHONE NUMBERS MADE A CALL TO ANY OF THOSE 120
13 CALLS OR ANY OF THOSE 120 CALLS EVER CALLED HIM?
14 A. REGARDING PHONES AND FLEMING DANIELS ALL I HAVE IS THOSE
15 TWO SHAMEER JACKSON PHONE NUMBERS, BUT NOTHING BEYOND THAT, NO
16 TAPES AND NO CALL DETAIL RECORDS.
17 Q. DID YOU TRY TO FIND THEM?
18 A. DID I TRY?
19 Q. DID ANYBODY TRY?
20 A. WITH RESPECT TO WHICH PHONES?
21 Q. ANY OF THE PHONES THAT YOU SEIZED IN CONNECTION WITH ANY
22 OF THESE 120 PEOPLE THAT WOULD SHOW THAT HE CALLED ONE OF THEM
23 OR ONE OF THEM CALLED HIM. YOU SAID THIS STUFF IS ALL
24 TRANSACTED OVER CELLPHONES AS BUSINESS?
25 A. YES, I MEAN THERE WERE ALL KINDS OF PHONES SEIZED FROM THE
123
1 WHITE HOUSE, BUT AS FAR AS FOLLOW-UP WITH PHONES, SOMETIMES
2 THEY'RE DEAD BUT --
3 Q. THE ANSWER IS NO?
4 A. I CAN'T THINK OF ANY OFF THE TOP OF MY HEAD WHERE A
5 CELLPHONE LED TO SIGNIFICANT DEVELOPMENTS.
6 Q. WIRETAPS, ARE YOU BASICALLY SAYING IT'S JUST TOO MUCH
7 TROUBLE TO DO THEM?
8 A. NO, JUST IN THIS PARTICULAR CASE ATLANTA DID NOT DO A
9 FEDERAL WIRETAP.
10 Q. TOO MUCH TROUBLE IT SOUNDS LIKE YOU SAID.
11 A. TOO MUCH TROUBLE?
12 Q. TOO DIFFICULT, IT TAKES A LONG TIME --
13 A. NO, I'M SAYING THAT LEGALLY SOMETIMES YOU CAN'T GET A
14 WIRETAP BECAUSE IT HAS TO BE LEGALLY A LAST RESORT.
15 Q. DID YOU TRY?
16 A. IN THIS CASE, NO, BECAUSE OF THE HIDTA WIRETAP PRIMARILY.
17 Q. YOU BASICALLY SAID FOREST LAKE ROAD IS WHERE MR. DANIELS,
18 FLEMING DANIELS AND HIS FAMILY LIVED?
19 A. AT ONE TIME, YES.
20 Q. AND YOU SAY ALL THESE OTHER PROPERTIES ARE ALL IN
21 FICTITIOUS NAMES, YOU COULDN'T REALLY FIND ANY WITH THE
22 DEFENDANTS' NAMES ON THEM ESSENTIALLY; IS THAT CORRECT?
24 Q. BUT FOREST LAKE DRIVE WHERE MR. DANIELS AND HIS FAMILY
25 LIVED WAS IN HIS WIFE'S NAME?

124
1 A. NO.
2 Q. YOU SAID THERE WAS EVEN A MORTGAGE IN HER NAME?
3 A. THAT WAS INDIAN STREAM TRAIL.
4 Q. OKAY. MY MISTAKE. YOU SAID HE LIVED THERE ALSO?
5 A. YES.
6 Q. HIS WIFE'S NAME IS ON THE HOUSE AND ON THE MORTGAGE?
7 A. YES.
8 Q. AS DISTINGUISHED FROM ALL THE OTHER PEOPLE THAT HAD
9 FICTITIOUS NAMES ON THEIR HOME?
10 A. IT WAS SIMILAR TO THE WHITE HOUSE BEING IN THE NAME OF
11 TONESHA WELCH, I THINK.
12 Q. ONCE AGAIN WITH REGARD TO FINGERPRINTS, I MEAN CERTAINLY
13 YOU HAVE THE CAPACITY TO DO FINGERPRINTS, CORRECT; YOU'RE
14 FAMILIAR WITH FINGERPRINTS?
15 A. YES. I'D TO GO BACK TO RODESHA MITCHELL THOUGH. EVEN IF
16 I HAD HER NAME THAT DOESN'T TELL ME ANYTHING ABOUT FLEMING
17 DANIELS. IT'S NOT LIKE SHE'S GOING TO ADMIT THAT HE'S HER
18 COMMON LAW HUSBAND. HE'S THE ONE THEY'RE HIDING. THEY'RE
19 KEEPING HIM BENEATH THE SURFACE. THAT'S THE WHOLE POINT OF
20 THESE FALSE --
21 Q. HE'S LIVING THERE OPENLY AND NOTORIOUSLY AND THE PROPERTY
22 IS IN HIS WIFE'S NAME?
23 A. NO, NOT NOTORIOUSLY, HE'S LOOKING LIKE A GOOD NEIGHBOR.
24 Q. THE FINGERPRINTS, I MEAN YOU'VE BEEN AT YOUR WORK ALMOST
25 AS LONG AS I'VE BEEN AT MY WORK. CERTAINLY YOU UNDERSTAND

125
1 FINGERPRINTS?
2 A. I CAN TALK ABOUT FINGERPRINTS. FINGERPRINTS IN MY
3 EXPERIENCE ARE RARELY, RARELY PRODUCTIVE. WE TAKE THEM -- WE
4 TRY TO GET FINGERPRINTS OFF OF DRUG PACKAGING, AND IT'S JUST
5 ABOUT -- WE JUST NEVER GET MATCHES BECAUSE OF THE DIFFICULTY OF
6 GETTING LEGIBLE PRINTS OFF OF WEAPONS OR PLASTIC WRAPPINGS.
7 Q. LET ME ASK YOU IN THAT REGARD WHAT DID THEY WRAP THEM UP
8 IN SOME SORT OF PLASTIC --
9 A. THEY CAN BE WRAPPED UP IN ALL KINDS OF DIFFERENT
10 SUBSTANCES, AND IF DO YOU GET FINGERPRINTS THEY'RE GOING TO OFF
11 THE WORKERS, THE LOW LIFE -- LOW LEVEL.
12 Q. LOW LIFE?
13 A. LOW LEVEL PARTICIPANTS IN THE GANG.
14 Q. WAS THAT A FREUDIAN SLIP?
15 THE COURT: WE NEED TO MOVE ON.
16 BY MR. O'BRIEN:
17 Q. WAS THERE AN EFFORT MADE TO TAKE FINGERPRINTS ON ANY OF
18 THESE DRUG PACKAGES IN THIS CASE?
19 A. I THINK SO, BUT I CAN'T -- IF THERE WERE -- I KNOW
20 FINGERPRINTS ARE NOT A PART OF THE CASE. SO IF WE GOT
21 FINGERPRINT RESULTS ON ANYTHING THEY WERE NEGATIVE.
22 Q. AND YOU SAY THAT YOU DISCUSSED WHY IT'S NEVER PRODUCTIVE,
23 BUT IF YOU HAD A FINGERPRINT OF MY CLIENT ON A DRUG PACKAGE OR
24 AT THE WHITE HOUSE THAT WOULD BE GOVERNMENT'S EXHIBIT NUMBER 1?
25 A. IT WOULD BE AN EXHIBIT, I'M SURE, YES.

126
1 Q. AND YOU SAY THAT DVD'S ARE -- I FORGOT WHAT DVD'S WE'RE
2 TALKING ABOUT NOW, BUT THIS IS THE DVD THAT CONTAINS MR. BLEU
3 DAVINCI PERFORMING ON STAGE. YOU MADE THAT AVAILABLE TO ME?
4 A. WELL, THE DVD'S WERE MADE AVAILABLE. THE ONES THAT I'VE
5 SEEN WERE MADE AVAILABLE. THERE'S ONE WHERE HE WAS ON A STAGE
6 IN MIAMI. HE NEVER SOLD OUT PHILIPS ARENA, BUT HE WAS ON SOME
7 KIND OF A STAGE. IT WAS AN OUTDOOR THING IN MIAMI, YES.
8 Q. BUT YOU GAVE THOSE TO ME?
9 A. I THINK SO, YES.
10 Q. MAYBE YOU DID?
11 A. AND THERE'S ONE WHERE HE'S INDOORS, TOO, AT A CLUB IN
12 MIAMI.
13 MR. O'BRIEN: THANK YOU, AGENT HARVEY.
14 THE COURT: YOU MENTIONED A PLACE THAT YOU REFERRED
15 TO AS THE COMPOUND?
16 THE WITNESS: YES.
17 THE COURT: WHICH PLACE WAS THAT?
18 THE WITNESS: THAT IS A CLUB IN NORTHWEST ATLANTA
19 ON BRADY AVENUE. IT'S WHERE THE MEECH BIRTHDAY WAS HELD IN
20 2004.
21 THE COURT: THANK YOU. THAT'S ALL. YOU CAN STEP
22 DOWN.
23 WHO'S NEXT?
24 MS. SCHANSMAN: YOUR HONOR, THE GOVERNMENT WOULD CALL
25 APRIL MOODY TO THE STAND NEXT.

127
2 OATH.
3 APRIL MOODY,
7 ALSO.
8 THE WITNESS: APRIL MIDDLE INITIAL K MOODY.
10 BY MS. SCHANSMAN:
11 Q. WHERE DO YOU WORK?
12 A. CITY OF ROSWELL POLICE DEPARTMENT. I'M NOW CURRENTLY
13 ASSIGNED TO THE HIDTA DRUG TASK FORCE.
14 Q. WHAT IS YOUR TITLE THERE?
15 A. MASTER POLICE OFFICER.
16 Q. WHAT DOES IT TAKE TO BECOME A MASTER POLICE OFFICER?
17 A. YOU HAVE TO OBTAIN NUMEROUS CLASSES DESIGNATED BY THE
18 STATE TO GET YOUR INTERMEDIATE AND ADVANCE CERTIFICATE, AND
19 THEN YEARS OF SERVICE WITH THE DEPARTMENT.
20 Q. HOW MANY YEARS OF SERVICE DO YOU HAVE?
21 A. TWENTY-FIVE.
22 Q. AND DURING THAT 25 YEARS HAVE YOU WORKED ANY PARTICULAR
23 TYPE OF CASES?
24 A. SEVERAL KINDS, YES, MA'AM.
25 Q. HOW ABOUT DRUG INVESTIGATIONS?

128
1 A. DRUG INVESTIGATIONS FOR 15 OR SO YEARS, YES, MA'AM.
2 Q. HOW LONG HAVE YOU BEEN ASSIGNED TO HIDTA?
3 A. SINCE JULY 30TH OF 07.
4 Q. BACK IN JUNE OF 2006, WHERE WERE YOU WORKING?
5 A. CITY OF ROSWELL AS A NARCOTICS SLASH K-9 OFFICER.
6 Q. TELL US JUST BRIEFLY WHAT A K-9 OFFICER IS?
7 A. IT'S AN OFFICER THAT'S IN CHARGE OF HANDLING A DRUG
8 DETECTING POLICE DOG BASICALLY.
9 Q. WHEN DO YOU TYPICALLY GET CALLED OUT TO INVESTIGATIONS
10 WITH THE K-9?
11 A. THINGS WHERE THE OFFICERS SUSPECT THAT THERE'S GOING TO BE
12 SOME SORT OF ILLEGAL DRUG LOCATED AT THE LOCATION OR VEHICLE OR
13 PERSON.
14 Q. AND TELL US WHAT DOES THE DOG -- DESCRIBE FOR US THE
15 PROCESS THE DOG GOES THROUGH WHENEVER YOU'RE CALLED TO A
16 SCENE?
17 A. THE DOG BASICALLY IS TRAINED -- MY DOG WAS TRAINED TO FIND
18 MARIJUANA, COCAINE, HEROIN AND METHAMPHETAMINE, AND IF YOU USE
19 THEM, THEY USE THEIR NOSE TO TELL YOU IF THERE'S AN ODOR FOR
20 ONE OF THOSE THINGS PRESENT.
21 Q. ALL RIGHT. I WANT TO DIRECT YOUR ATTENTION TO JUNE 26TH
22 OF 2006. DO YOU RECALL DOING A SEARCH WARRANT FOR AN ADDRESS
23 AT 840 INDIAN STREAM TRAIL?
24 A. YES, I DO.
25 Q. CAN YOU TELL US ABOUT THAT SEARCH WARRANT?

129
1 A. I WAS CALLED BY A SERGEANT ON MORNING WATCH. THEY ADVISED
2 THEY HAD BEEN DISPATCHED THERE WITH THE FIRE DEPARTMENT ON A
3 STRUCTURE FIRE AT THAT RESIDENCE.
4 DURING THE INVESTIGATION BY THE FIRE DEPARTMENT THEY
5 REMOVED SMOKE FROM THE BUILDING AND EVERYTHING, THE FIREMAN
6 CAME ACROSS WHAT THEY CALLED A HIDDEN ROOM THAT CONTAINED A BAG
7 OF MONEY. SO THE FIREMEN THEN BROUGHT IN THE POLICE OFFICERS
8 TO HELP WITH THE INVESTIGATION.
9 Q. NOW YOU SAID THEY CAME ACROSS A HIDDEN ROOM. HOW WAS IT
10 THEY DISCOVERED THIS HIDDEN ROOM?
11 A. THEY WERE CLEARING THE SMOKE FROM THE BUILDING, AND THE
12 FIRE WAS ALREADY OUT AT THIS POINT, BUT THEY WERE CHECKING FOR
13 EXTENSION AND SEEING IF THERE WAS ANYTHING ELSE, AND THEY SAW
14 SMOKE COMING FROM WHAT THEY THOUGHT WAS UNDER A WALL, AND SO
15 THEY STARTED CHECKING THE WALL AND THE WALL WAS ALL OF MIRRORS,
16 AND AFTER CHECKING THEY REALIZED THAT THE FAR RIGHT END OF THE
17 WALL IF YOU PUSHED ON THE MIRROR IT SWUNG OPEN. IT WAS A DOOR.
18 Q. AND WHY WERE YOU CALLED OUT TO THE SCENE AGAIN?
19 A. BECAUSE WHEN THE OFFICERS WENT WITH THE FIREMEN AFTER THEY
20 HAD LOCATED THE MONEY, THE FIREMEN WANTED TO HAVE A POLICE
21 OFFICER WITH THEM BASICALLY AS A WITNESS I ASSUME.
22 THEY WENT UPSTAIRS TO CHECK FOR EXTENSION AND SMOKE
23 AND FIRE, AND IN THE MASTER BEDROOM THERE WAS A DRESSER DRAWER
24 THAT WAS OPEN ABOUT FOUR INCHES, AND THERE WAS A SMALL BAG OF
25 MARIJUANA AND THE HANDGRIP TRIGGER PORTION OF A HANDGUN VISIBLE

130
1 IN THE DRAWER.
2 Q. DID YOU EVER FIND OUT WHO THE OWNER OF THE HOUSE WAS OR
3 WHO THE RESIDENTS OF THE HOUSE WERE?
4 A. RODESHA MITCHELL SHE WAS LIVING THERE AT THE TIME AND SAID
5 SHE WAS THE OWNER OF THE HOUSE.
6 Q. WAS THERE ANYONE ELSE LIVING THERE AT THAT TIME THAT
7 YOU'RE AWARE OF?
8 A. I WAS TOLD BY THE OFFICERS THERE WERE OTHER PEOPLE
9 THERE --
10 MR. O'BRIEN: I'M GOING TO OBJECT TO WHAT SOME OTHER
11 OFFICERS MAY HAVE SAID.
12 THE COURT: SUSTAINED.
13 MS. SCHANSMAN: YOUR HONOR, IF I MAY APPROACH AND
14 GIVE HER SOME EXHIBITS?
16 Q. NOW, OFFICER MOODY, I WANT TO DIRECT YOUR ATTENTION TO
17 EXHIBITS 31-H AND 36-A AND B. I BELIEVE THEY'RE PHOTOGRAPHS OF
18 A RESIDENCE.
19 A. 36 WHAT?
20 Q. 36-A.
21 A. OKAY.
22 Q. AND 36-B.
23 A. YES.
24 Q. AND 31-H.
25 A. I DON'T LOCATE 31-H.

131
1 Q. WE'LL FIND THAT ONE FOR YOU.
2 36-A AND B, DO YOU RECOGNIZE THAT?
3 A. YES, THIS IS THE FRONT DRIVEWAY LOOKING AT THE FRONT DOOR
4 WITH THE GARAGE TO THE RIGHT OF 840 INDIAN STREAM.
5 Q. THAT'S ACTUALLY THE HOUSE YOU WENT TO THAT DAY?
6 A. YES, IT WAS EARLY MORNING.
7 Q. NOW WHEN YOU SAY EARLY MORNING, TELL US WHAT YOU MEAN BY
8 THAT?
9 A. 1:30, TWO O'CLOCK IN THE MORNING.
10 Q. I WANT TO DIRECT YOUR ATTENTION TO 31-B.
11 A. OKAY.
12 Q. WHEN YOU WERE IN THE -- WHEN YOU GOT TO THE HOUSE WHAT DID
13 YOU DO? LET'S START THERE.
14 A. I MET WITH THE SERGEANT. HE BASICALLY EXPLAINED WHAT I
15 JUST EXPLAINED WHAT THEY HAD LOCATED. I THEN WALKED THROUGH
16 THE HOUSE WITH ONE OF THE OFFICERS.
17 BASICALLY THEY POINTED OUT WHAT THEY HAD LOCATED, AND
18 THEN I LEFT THE SCENE AFTER BRIEFLY SPEAKING TO THE HOMEOWNER
19 RODESHA TO GO APPLY FOR A SEARCH WARRANT.
20 Q. AND WERE YOU ABLE TO OBTAIN A SEARCH WARRANT?
21 A. YES, I WAS.
22 Q. DID YOU COME BACK TO THE RESIDENCE THAT DAY?
23 A. YES, I DID.
24 Q. DID YOU HAVE A SEARCH WARRANT WITH YOU?
25 A. YES.
132
1 Q. AND WHAT DID YOU DO WITH THAT AT THAT POINT?
2 A. WE SEARCHED THE RESIDENCE.
3 Q. ALL RIGHT. WALK US THROUGH THAT SEARCH THAT YOU DID?
4 A. FIRST THING I DID IS I WALKED THROUGH THE RESIDENCE AND
5 TOOK PICTURES OF EVERYTHING AS THEY WERE, AND THEN BASICALLY
6 ROOM BY ROOM WENT THROUGH AND SEARCHED, AND ANYTHING THAT WAS
7 CONTRABAND OR INCLUDED IN THE AFFIDAVIT FOR SEARCH WARRANT, WE
8 COLLECTED AND TOOK INTO EVIDENCE.
9 Q. GOING BACK TO EXHIBIT 31-B, CAN YOU TELL US IS THAT
10 PICTURE FAMILIAR TO YOU?
11 A. YES, IT IS.
12 Q. AND ARE YOU THE INDIVIDUAL WHO TOOK THE PICTURE?
13 A. YES, I AM.
14 MS. SCHANSMAN: YOUR HONOR, WE WOULD OFFER 31-B INTO
15 EVIDENCE.
16 MR. O'BRIEN: I DON'T OBJECT TO 31-B, YOUR HONOR.
19 Q. CAN YOU TELL US WHAT 31-B IS?
20 A. IT'S A PHOTOGRAPH I TOOK OF A GLASS WALL THAT THE FAR
21 RIGHT PANEL OF THE GLASS WALL IS A DOOR THAT LEADS TO A ROOM.
22 Q. LET'S DO THIS. TAKE A LOOK AT ALL OF THOSE PHOTOGRAPHS?
23 A. OKAY.
24 Q. HAVE YOU SEEN THOSE PHOTOGRAPHS BEFORE?
25 A. YES, I HAVE.
133
1 Q. DO THEY FAIRLY AND ACCURATELY REPRESENT WHAT YOU OBSERVED
2 THAT DAY?
3 A. YES, THEY DO.
4 MS. SCHANSMAN: YOUR HONOR, WE'D OFFER EXHIBITS 31 I
5 BELIEVE THAT'S B THROUGH M EXCEPT FOR G INTO EVIDENCE.
6 MR. O'BRIEN: THERE'S ONE OF THEM I HAD A PROBLEM
7 WITH.
8 MS. SCHANSMAN: THAT'S 31-A.
9 THE COURT: ANY OBJECTIONS TO 31-B THROUGH M EXCEPT
10 FOR G?
11 MR. O'BRIEN: NO, MA'AM.
13 THE COURT: ON WHAT DATE DID YOU SAY YOU WERE AT THIS
14 LOCATION?
15 THE WITNESS: JUNE THE 26TH. IT WAS AFTER MIDNIGHT,
16 SO IT WOULD BE THE 26TH.
17 THE COURT: OF 07?
18 THE WITNESS: 06.
20 Q. IF YOU COULD TELL US, OFFICER MOODY, WHAT DOES THIS
21 DEPICT.
22 A. THIS IS A ROOM IN THE BASEMENT, AND FROM RIGHT HERE ON
23 YOUR LEFT TO YOUR FAR RIGHT WERE GLASS PANELS, AND THEN THIS
24 PANEL AT THE FAR RIGHT IF YOU TOUCHED IT, IT WOULD SPRING OUT
25 AND WAS HINGED AND BEHIND THAT IS A ROOM. THE LIGHT FIXTURE
134
1 HANGING DOWN WAS THE FIRE DEPARTMENT CHECKING FOR EXTENSION OF
2 FIRE.
3 Q. SO WAS THAT LIGHT FIXTURE ACTUALLY UP IN THE CEILING?
4 A. I'M NOT REALLY CLEAR. WHEN I SAW IT THE FIRST TIME THAT'S
5 THE WAY IT WAS.
6 Q. ALL RIGHT. WHEN YOU WENT INTO THAT ROOM WHAT DID YOU
7 DISCOVER?
8 A. IN THAT ROOM WAS A BAG CONTAINING U.S. CURRENCY BUNCHED IN
9 DIFFERENT DENOMINATIONS. THERE WAS TWO EMPTY SHOTGUN BOXES,
10 AND THEN A METAL LOCKBOX TYPE SAFE THING THAT REQUIRED A
11 PADLOCK BUT IT WAS UNSECURE.
12 Q. ALL RIGHT. I'M GOING TO SHOW YOU -- THIS IS GOVERNMENT'S
13 EXHIBIT NUMBER 31-J. CAN YOU TELL US WHAT THAT IS?
14 A. THAT'S AN ORANGE BAG CONTAINING THE U.S. CURRENCY.
15 Q. AND JUST TO THE LEFT THERE THE WHITE THING, WHAT IS THAT?
16 A. THAT'S THE DOOR FRAME. LIKE THIS PANEL RIGHT HERE IS
17 MIRROR. SO THAT'S THE DOOR FRAME LEADING INTO THAT ROOM.
18 Q. THE LAST PHOTOGRAPH 31-B THAT WAS ACTUALLY THE OPEN PANEL
19 ON THE END?
20 A. CORRECT.
21 Q. AND AGAIN WHAT IS THIS?
22 A. IT'S JUST A CLOSEUP VIEW OF THE SAME BAG.
23 Q. WHAT WAS THE CONDITION OF THE CURRENCY IN THE BAG?
24 A. IT'S FINE. IT JUST HAD SMOKE SOOT ON IT BECAUSE IT WAS
25 DOWN IN THAT ROOM DURING THE FIRE. THE BAG IS REALLY A

135
1 BRIGHTER ORANGE, BUT IT HAS SOOT ON IT AND THEN LIKE RIGHT
2 THERE ON THE MONEY, THAT'S SOOT FROM THE SMOKE.
3 Q. AND HOW WAS THE MONEY PACKAGED IN ANY PARTICULAR WAY?
4 A. THERE WERE DIFFERENT AMOUNTS IN EACH BUNDLE RANGING FROM
5 LIKE 80 SOME DOLLARS IN ONE BUNDLE UP TO 8200 DOLLARS IN ONE
6 BUNDLE.
7 Q. WHAT WAS THE TOTAL AMOUNT OF THE BUNDLE?
8 A. 86,000 DOLLARS.
9 Q. WHAT ABOUT THESE, OFFICER MOODY, WHAT IS THIS?
10 A. THOSE ARE PHOTOGRAPHS OF THE ENDS OF THE SHOTGUN BOXES
11 THAT CONTAIN WHAT CALIBER THEY WERE AND LENGTH AND SERIAL
12 NUMBERS AND THINGS LIKE THAT.
13 Q. NOW WAS THERE ANYTHING IN THESE SHOTGUN BOXES?
14 A. NO, MA'AM, THERE WAS NOT.
15 Q. DESCRIBE FOR US HERE WHAT WE HAVE, OFFICER MOODY, IN
16 EXHIBIT 31-D?
17 A. THIS IS UP IN THE MASTER BEDROOM CLOSET. THE CLOSET HAD A
18 DOOR AT THE END THAT LED TO LIKE AN ATTIC SPACE, AND ON THE
19 FLOOR HERE IS AMMUNITION, AND THEN THIS SPRING RIGHT HERE IS
20 PART OF A MAGAZINE THAT YOU PLACE THE BULLETS IN BEFORE PLACING
21 IT IN THE GUN, AND THIS IS LIKE THE INTERNAL PORTION OF THE
22 MAGAZINE ALSO RIGHT HERE.
23 Q. SO BASICALLY ALL PARTS TO A GUN?
24 A. PARTS TO THE AMMO HOLDING COMPONENTS OF A GUN AND THE
25 AMMO.
136
1 Q. OFFICER MOODY, THAT'S EXHIBIT 31-C. CAN YOU TELL US -- ON
2 THE FRONT OF THAT BAG THERE'S SOME WRITING ON IT. CAN YOU TELL
3 US WHO DID THE WRITING ON THAT?
4 A. THE WRITING IS MY HANDWRITING. IT GIVES YOU THE ITEM
5 NUMBERS THAT WOULD BE ON THE EVIDENCE FORM, THE CASE NUMBER
6 FROM MY POLICE DEPARTMENT, THE DATE AND THE TIME THAT THE
7 SEARCH WAS STARTED AND THE EVIDENCE WAS COLLECTED, AND THEN THE
8 LARGER NUMBER AT THE BOTTOM IS THE ACTUAL NUMBER ON THE ACTUAL
9 EVIDENCE FORM.
10 Q. AND IS THAT EVIDENCE THAT YOU COLLECTED ON THAT PARTICULAR
11 DAY ON JUNE 26TH, 2006?
12 A. YES, MA'AM.
13 Q. WHERE WAS THAT EVIDENCE ACTUALLY COLLECTED?
14 A. FROM WHAT I REMEMBER IT'S THE MASTER BEDROOM. IF I HAD
15 THE EVIDENCE FORM, IT SAYS RIGHT ON THE EVIDENCE FORM I.
16 MS. SCHANSMAN: YOUR HONOR, WE'D OFFER EXHIBIT 31-C
17 INTO EVIDENCE.
21 Q. CAN YOU TELL US WHAT 31-C IS?
22 A. IT'S A BAG CONTAINING AMMUNITION.
23 Q. LET'S TALK ABOUT GOVERNMENT'S EXHIBIT NUMBER 31-G I
24 BELIEVE YOU HAVE THERE, THE SMALL ONE.
25 A. YES, MA'AM.
137
1 Q. WHERE DID YOU OBTAIN THAT FROM?
2 A. THIS WAS SITTING ON THE COUNTER IN THE MASTER BEDROOM SINK
3 AREA.
4 Q. ALL RIGHT. AND DID YOU ACTUALLY SEIZE THAT YOURSELF?
5 A. YES, I DID.
6 MS. SCHANSMAN: YOUR HONOR, WE'D OFFER GOVERNMENT'S
7 EXHIBIT 31-G INTO EVIDENCE.
11 Q. CAN YOU TELL US WHAT IT IS?
12 A. IT'S AN ILLINOIS DRIVER'S LICENSE IN THE NAME OF MAURICE
13 HICKS.
14 Q. AND YOU SAID YOU FOUND THIS IN THE MASTER BEDROOM?
15 A. YES, MASTER BEDROOM, AND THERE WAS A SINK AREA AND IT WAS
16 SITTING ACTUALLY ON THE COUNTER OF THE SINK.
17 Q. OFFICER MOODY, I'M SHOWING YOU WHAT'S BEEN MARKED AS
18 GOVERNMENT'S EXHIBIT 31-E. DO YOU RECOGNIZE THAT BOX?
19 A. YES, I DO.
20 Q. CAN YOU TELL US ABOUT THAT BOX?
21 A. IT'S A BOX THAT CONTAINED FIREARMS AND FIREARM PARTS IN TO
22 BE PLACED INTO EVIDENCE, AND IT CONTAINS THE CASE NUMBER FOR MY
23 POLICE DEPARTMENT, THE EVIDENCE FORM NUMBER THAT PERTAINS TO IT
24 AND THEN THE DATE AND TIME THE EVIDENCE WAS OBTAINED IN MY
25 NAME.
138
1 Q. AND YOU ACTUALLY OBTAINED THAT EVIDENCE?
2 A. YES, I DID.
3 Q. AND THAT WAS FROM THE 840 INDIAN STREAM TRAIL ADDRESS?
4 A. YES, IT WAS.
5 Q. WAS THAT ON THE MORNING OF JUNE 26TH, 2006?
6 A. YES.
7 MS. SCHANSMAN: YOUR HONOR, WE'D OFFER INTO EVIDENCE
8 GOVERNMENT'S EXHIBIT 31-E.
11 MS. SCHANSMAN: THANK YOU, YOUR HONOR.
13 Q. NOW TELL US, OFFICER MOODY, WHAT IS EXHIBIT 31-E?
14 A. 31-E CONTAINS THE WEAPON THAT WAS ORIGINALLY OBSERVED BY
15 THE OFFICERS AND WAS USED IN THE SEARCH WARRANT, PARTS OF THE
16 MAGAZINE THAT WAS IN THAT PREVIOUS PICTURE ON THE FLOOR AND
17 THEN TWO OTHER FULL MAGAZINES THAT ARE ACTUALLY TOGETHER AND
18 THEN PART OF ANOTHER MAGAZINE THAT WAS ALSO FOUND IN THE MASTER
19 BEDROOM.
20 Q. OFFICER MOODY, THIS IS EXHIBIT 31-F. YOU ALSO SAID THAT
21 YOU OBSERVED SOME ITEMS IN A DRESSER. WHERE WAS THE DRESSER?
22 A. IT WAS IN THE CLOSET IN THE MASTER BEDROOM. IT WAS A BIG
23 WALK-IN CLOSET. IT WAS PROBABLY 15 OR 20 FEET WIDE AND HAD A
24 DOOR IN THE CENTER, A WINDOW AT THE LEFT END AND THEN THE DOOR
25 THAT I WAS SPEAKING TO THAT WENT INTO WHAT I CALLED LIKE A

139
1 FURNACE ROOM ON THE RIGHT.
2 Q. DID THE CLOSET HAVE ANY CLOTHES IN IT?
3 A. LOTS OF CLOTHES.
4 Q. WHAT KIND OF CLOTHES?
5 A. MEN'S AND WOMEN'S CLOTHING, SOME HANGING, SOME IN DRAWERS,
6 SOME PILED ON THE FLOOR.
7 Q. AND WAS THE DRESSER ALL THE WAY IN THE CLOSET OR WAS
8 IT --
9 A. WHEN YOU WALKED THROUGH THE DOORWAY, IT WAS PRETTY MUCH
10 RIGHT IN FRONT OF YOU. THERE WAS A WALL AND IT BASICALLY HAD
11 THREE OR FOUR DIFFERENT CABINETS DRESSER TYPE.
12 Q. WHAT WAS THE CONDITION OF THE DRESSER WHENEVER YOU WALKED
13 IN THAT MORNING?
14 A. THE DRAWERS WERE PARTIALLY OPEN -- ACTUALLY ALMOST EVERY
15 DRESSER IN THAT ROOM HAD EITHER A DRAWER OPEN OR AJAR OR
16 PARTIALLY OPEN.
17 Q. AND WHAT, IF ANYTHING, DID YOU OBSERVE IN THAT DRESSER
18 DRAWER?
19 A. A SMALL BAG OF MARIJUANA, AND THEN WHAT I TOOK FROM MY
20 EXPERIENCE AS THE HANDGRIP AND TRIGGER PORTION OF SOME SORT OF
21 HANDGUN.
22 Q. AND 31-F DOES THIS DEPICT WHAT YOU SAW ON THE DRESSER?
23 A. YES, THIS BAG RIGHT HERE IS THE SUSPECTED MARIJUANA, AND
24 RIGHT HERE IS THE GRIP PORTION OF THE GUN. RIGHT HERE IS THE
25 TRIGGER GUARD, AND THEN HERE'S LIKE A MAGAZINE RECEIVING PORT

140
1 RIGHT HERE.
2 Q. IS THAT THE SAME GUN THAT WE JUST IDENTIFIED THERE IN THE
3 BOX?
4 A. YES, IT'S RIGHT HERE IN THE BOX.
5 Q. DID YOU FIND ANY PAPERWORK THERE AT THE RESIDENCE OF 840
6 INDIAN STREAM TRAIL?
7 A. YES.
8 Q. WHAT WAS THE NATURE OF THE PAPERWORK THAT YOU FOUND --
9 LET'S START THIS WAY. DID IT HAVE ANY NAMES ON IT?
10 A. YES, IT DID.
11 Q. AND DID YOU FIND ANYTHING IN THE NAME OF FLEMING DANIELS?
12 A. YES, I DID.
13 Q. I WANT TO DIRECT YOUR ATTENTION TO EXHIBIT 31-A. DO YOU
14 RECOGNIZE THAT DOCUMENT?
15 A. YES, I DO.
16 Q. AND IS THAT SOMETHING YOU SEIZED THAT MORNING THERE AT 840
17 INDIAN STREAM TRAIL?
18 A. YES, IT IS.
20 EXHIBIT 31-A INTO EVIDENCE.
21 MR. O'BRIEN: MAY IT PLEASE THE COURT, MA'AM, I HAVE
22 AN OBJECTION. CAN WE APPROACH AND I CAN TELL YOU WHAT IT IS.
23 THE COURT: YES.
24 (AT THE BENCH)
25 MR. O'BRIEN: I OBJECT TO 31-A ON THE GROUNDS THAT IT

141
1 IMPERMISSIBLY AND UNNECESSARILY PLACES THE DEFENDANT'S
2 CHARACTER IN EVIDENCE. IT LOOKS TO ME LIKE IT'S A COURT
3 DOCUMENT. IT LOOKS LIKE HE WAS CONVICTED OF SOME SORT OF CRIME
4 AND HE'S ON PROBATION.
5 MS. SCHANSMAN: YOUR HONOR, IT CONNECTS HIM TO BOTH,
6 IF YOU LOOK HERE, THE 3206 SANTE FE PARKWAY ADDRESS WHICH IS AN
7 ADDRESS AGENT HARVEY HAS TESTIFIED TO PREVIOUSLY WAS CONNECTED
8 TO THE DEFENDANT. THIS WAS FOUND AT 840 INDIAN STREAM TRAIL
9 WHICH FURTHER CONNECTS HIM TO THE ADDRESS.
10 IT SHOWS HIS CONNECTIONS TO THIS CASH THAT'S IN THE
11 HOUSE AND BOTH RESIDENCES, AND AS SUCH IT CONNECTS HIM TO THE
12 EVIDENCE OF THE CRIME.
13 THE COURT: IS THIS THE ONLY SPECIFIC ITEM THAT WAS
14 FOUND THERE WITH HIS NAME ON IT?
15 MS. SCHANSMAN: YES, MA'AM. THERE ARE LEASES IN HIS
16 WIFE'S NAME. THERE ARE OTHER THINGS WITH OTHER NAMES ON THEM.
17 MR. O'BRIEN: WE DON'T DISPUTE THAT HE LIVED THERE.
18 THAT'S NOT REALLY AN ISSUE. HE AND HIS WIFE LIVED THERE WITH
19 THE CHILDREN THERE'S NO QUESTION ABOUT THAT.
20 THE COURT: IF I DEFER RULING ON THIS WILL IT MESS UP
21 YOUR PRESENTATION?
22 MS. SCHANSMAN: NO, IT WON'T.
23 THE COURT: WHAT I'D LIKE TO DO IS DEFER RULING ON
24 IT. WHAT I'M THINKING IS IS THERE SOME WAY THIS DOCUMENT COULD
25 BE SANITIZED. THE ANSWER IS PROBABLY NO BECAUSE I SEE IT SAYS

142
1 STATE COURT OF DEKALB COUNTY AND THEN IT HAS VARIOUS ITEMS
2 ABOUT VIOLATIONS OF PROBATION. SO THE QUESTION WILL TURN OUT
3 TO BE IS IT MORE PROBATIVE THAN PREJUDICIAL. I'LL DEFER RULING
4 ON 31-A.
5 MS. SCHANSMAN: OKAY. THANK YOU.
6 WOULD YOU SAY THAT A SUFFICIENT FOUNDATION HAS BEEN
7 LAID AT THIS POINT SO THAT WE DON'T HAVE TO HOLD THIS WITNESS?
8 MR. O'BRIEN: I DON'T HAVE A PROBLEM WITH THAT.
9 (IN OPEN COURT.)
10 THE COURT: ALL RIGHT. I'LL RESERVE RULING ON
11 GOVERNMENT'S EXHIBIT 31-A.
12 MS. SCHANSMAN: YOUR HONOR, THAT'S ALL I HAVE OF THIS
13 WITNESS.
14 CROSS-EXAMINATION
15 BY MR. O'BRIEN:
16 Q. DETECTIVE MOODY, JUST A COUPLE OF QUESTIONS PLEASE,
17 MA'AM. WHAT WAS THE NATURE OF THAT FIRE; DO YOU KNOW ANYTHING
18 ABOUT THAT, THE CAUSE AND ORIGIN OF THE FIRE?
19 A. THE FIRE DEPARTMENT TOLD ME IT WAS THE POWER SUPPLY FOR A
20 FLUORESCENT LIGHT IN THE CEILING IN THE BASEMENT.
21 Q. SOME ELECTRICAL FIRE?
22 A. YES, SIR.
23 Q. DID IT DO A LOT OF DAMAGE TO THE HOUSE OR JUST A LITTLE
24 BIT?
25 A. IT DID A LOT OF DAMAGE IN THE BASEMENT, BUT THERE WAS

143
1 SMOKE DAMAGE THROUGHOUT THE WHOLE HOUSE.
2 Q. OKAY. THE GUN -- FIRST OF ALL, THE BULLETS THAT YOU
3 FOUND. EVERYTHING YOU FOUND IS THERE, THE GUN AND THE BULLETS;
4 IS THAT CORRECT?
5 A. THE BULLETS AND THE GUN. THAT'S NOT EVERYTHING WE FOUND.
6 Q. I KNOW BUT AS FAR AS WEAPON OR AMMUNITION?
7 A. CORRECT.
8 Q. IS THAT THE KIND OF STUFF ANYBODY CAN BUY AT A SPORTING
9 GOODS STORE OR HARDWARE STORE?
10 THE COURT: COULD YOU PULL THAT MIKE UP JUST A LITTLE
11 BIT.
12 BY MR. O'BRIEN:
13 Q. ARE THOSE THE TYPES OF ITEMS ANYBODY COULD BUY AT A
14 SPORTING GOODS STORE?
15 A. YES, SIR.
16 Q. THE GUN, IS THAT FOR SALE ON THE OPEN MARKET?
17 A. I WOULD ASSUME SO. I DON'T KNOW EXACTLY FOR THIS
18 PARTICULAR MODEL, BUT, YEAH, MOST GUNS ARE.
19 Q. DID YOU TRACE THE GUN BACK TO ANYBODY?
20 A. I FILED THE PAPERWORK TO HAVE A TRACE DONE, BUT I DON'T
21 KNOW THAT I EVER RECEIVED IT BACK.
22 Q. SO YOU DON'T KNOW WHO BOUGHT THE GUN?
23 A. I DON'T PERSONALLY, NO.
24 Q. YOU SAY THERE WAS A BOX WITH A COUPLE OF BENALI -- THOSE
25 ARE SHOTGUNS?
144
1 A. CORRECT.
2 Q. PRETTY GOOD SHOTGUNS, AREN'T THEY?
3 A. MY UNDERSTANDING IS THEY'RE PRETTY EXPENSIVE BUT I'VE
4 NEVER BOUGHT ONE.
5 Q. WERE THEY SERIAL NUMBERED ITEMS?
6 A. YES, THEY ARE.
7 Q. DID YOU CHECK TO SEE WHO, WHEN AND WHERE THEY WERE
8 PURCHASED?
9 A. I GOT WITH ATF TO DO A TRACE ON THOSE, AND THEY CAME BACK
10 STOLEN THROUGH ONE STATE BUT I DON'T REMEMBER WHAT THE STATE
11 WAS, AND THEY WERE GOING TO DO A FOLLOW-UP ON THAT, BUT I
12 DIDN'T HAVE THE WEAPONS. I JUST HAD THE BOX.
13 Q. OKAY. THE BAG THAT YOU IDENTIFIED AS MARIJUANA. DID YOU
14 TEST IT?
15 A. I DIDN'T. THE CRIME LAB WOULD HAVE TESTED IT.
16 Q. DID YOU ASK THEM TO TEST IT?
17 A. YES. IT WAS SUBMITTED FOR TESTING.
18 Q. DID YOU FIELD TEST IT AT ALL TO SEE IF IT WAS MARIJUANA?
19 A. I DIDN'T.
20 Q. OKAY. IT LOOKS LIKE MARIJUANA?
21 A. YEAH, FROM MY EXPERIENCE IT WAS MARIJUANA.
22 Q. AN OUNCE OR SO, USER AMOUNT?
23 A. YEAH, LESS THAN AN OUNCE.
24 Q. MISDEMEANOR AMOUNT?
25 A. MISDEMEANOR AMOUNT.
145
1 Q. OKAY. OTHER THAN THE MARIJUANA DID YOU FIND ANY DRUGS IN
2 THE HOUSE?
3 A. NO.
4 Q. DID YOU TAKE YOUR DOG BACK THERE WITH YOU?
5 A. DID NOT TALK THE DOG IN DUE TO ALL THE SMOKE IN THE
6 HOUSE. IT WOULD HAVE BEEN DANGEROUS FOR THE DOG AND WOULDN'T
7 HAVE WORKED WELL.
8 Q. SO ALL YOU FOUND WITH REGARD TO DRUGS WAS LESS THAN AN
9 OUNCE OF MARIJUANA?
10 A. THAT AND A LITTLE BIT OF RESIDUE IN THE AUTOMOBILE.
11 MR. O'BRIEN: OKAY. THANK YOU.
12 THE COURT: SHALL THE WITNESS BE EXCUSED?
13 MS. SCHANSMAN: JUST ONE QUICK QUESTION, YOUR HONOR.
16 Q. OFFICER MOODY, WHEN YOU SEIZE MONEY LIKE THAT IN BIG
17 QUANTITIES LIKE THAT, WHAT DO YOU DO WITH THE MONEY?
18 A. FIRST IT'S COUNTED AT MY PLACE DEPARTMENT WITH AT LEAST
19 ONE WITNESS, SOMETIMES TWO, AND THEN IT'S TAKEN TO THE BANK,
20 COUNTED BY THE BANK AND DEPOSITED INTO AN ACCOUNT THAT MY
21 DEPARTMENT KEEPS THAT'S CALLED THE SEIZURE ACCOUNT. THEY JUST
22 KEEP THE MONEY THERE.
23 Q. SO YOU DON'T ACTUALLY KEEP MONEY IN EVIDENCE?
24 A. NO, THEY DON'T LIKE US KEEPING CASH LYING AROUND.
25 Q. WHY WOULD THAT BE?

146
1 A. IT JUST CAN LEAD TO TROUBLE, YOU KNOW, IF YOU LOSE THAT
2 BAG IT WOULDN'T BE A GOOD THING.
3 MS. SCHANSMAN: THAT'S ALL I HAVE, YOUR HONOR.
4 THE COURT: YOU'RE EXCUSED. THANK YOU.
5 CALL YOUR NEXT WITNESS.
6 MS. SCHANSMAN: THE GOVERNMENT WOULD CALL WILLIAM
7 MARSHALL, BILL MARSHALL TO THE STAND.
9 OATH.
10 WILLIAM MARSHALL,
14 ALSO.
15 THE WITNESS: WILLIAM MARSHALL.
18 Q. MR. MARSHALL, WHERE ARE YOU LIVING TODAY?
19 A. AS FAR AS I'M IN WILLIAMSBURG, SOUTH CAROLINA.
20 Q. WHY ARE YOU WEARING AN ORANGE JUMPSUIT?
21 A. BECAUSE I'VE BEEN FOUND GUILTY.
22 Q. SO YOU'RE IN JAIL?
23 A. THIS IS CORRECT.
24 Q. WHAT ARE THE CHARGES THAT PUT YOU IN JAIL?
25 A. WELL THE CHARGES WAS FOR CONSPIRACY FOR FIVE OR MORE KILOS
147
1 AND MONEY LAUNDERING.
2 Q. FIVE OR MORE KILOS OF WHAT?
3 A. OF COCAINE.
4 Q. AND YOU SAID A SECOND CHARGE, WHAT'S THE SECOND CHARGE?
5 A. THAT WAS MONEY LAUNDERING AND BANK AND WIRE FRAUD.
6 Q. AND THE BANK AND WIRE FRAUD WHAT WAS THAT RELATED TO?
7 A. WELL, THE BANK AND WIRE FRAUD WAS RELATED TO OBTAINING
8 HIGH-LINE CARS AND ALSO HOMES AND VARIOUS ITEMS LIKE SUCH.
9 Q. WAS THAT FOR A BUSINESS YOU CALLED EXQUISITE EMPIRE?
11 Q. MR. MARSHALL, I'VE JUST HANDED YOU A STACK OF EXHIBITS
12 THERE. LET'S START WITH THE FIRST ONE. I BELIEVE IT IS EITHER
13 EXHIBIT 27 OR 28?
14 A. CORRECT.
15 Q. NOW YOU SAID YOU PLED GUILTY TO THESE CHARGES. IN EXHIBIT
16 NUMBER 28 CAN YOU TELL US WHAT THAT IS?
17 A. IT'S THE PLEA AGREEMENT.
18 Q. LET ME GRAB THOSE BACK FROM YOU AND SHOW THOSE TO MR.
19 O'BRIEN.
20 NOW, SIR, EXHIBIT 28 TELL US AGAIN WHAT THAT IS?
21 A. PLEA AGREEMENT.
22 Q. IN WHAT PARTICULAR CASE WAS THAT FOR; DO YOU RECALL?
23 A. YES, THIS IS MY CASE OUT OF ORLANDO, FLORIDA.
24 Q. DID YOU ACTUALLY PLEAD GUILTY TO THAT?
25 A. CORRECT.
148
1 Q. AND THAT WAS THE CONSPIRACY FOR DRUG DISTRIBUTION?
2 A. CORRECT.
3 Q. WHAT WAS YOUR SENTENCE?
4 A. I WAS SENTENCED TO A HUNDRED MONTHS.
5 Q. AND AS PART OF THAT SENTENCE WERE YOU GIVEN ANY
6 CONSIDERATION THAT YOU'RE AWARE OF?
7 A. YES, THIS IS CORRECT.
8 THE COURT: COULD YOU REPHRASE YOUR QUESTION?
9 MS. SCHANSMAN: CERTAINLY.
11 Q. DID YOU COOPERATE?
12 A. CORRECT, I DID.
13 Q. AND TELL US WHAT THE NATURE OF THAT COOPERATION HAS BEEN
14 TO THIS POINT?
15 A. WELL JUST BASICALLY GIVING THE OVERALL STRUCTURE OF WHAT I
16 WAS INVOLVED IN AS FAR AS WITH THE CRIMINAL EMPIRE REGARDING
17 BMF AND ALSO WHAT MY ROLE AND INVOLVEMENT WAS IN ACTUALLY HOW
18 THE WHOLE STRUCTURE OPERATED.
19 Q. SO YOU TESTIFIED?
20 A. CORRECT.
21 Q. WHERE HAVE YOU TESTIFIED?
22 A. IN ORLANDO, FLORIDA, ALSO IN TENNESSEE, IN DETROIT AND
23 ALSO IN SOUTH CAROLINA.
24 Q. AND IN CONSIDERATION FOR THAT, YOU ACTUALLY GOT A
25 REDUCTION IN YOUR SENTENCE?

149
1 A. CORRECT.
2 Q. AND THAT'S HOW YOU GOT DOWN TO THE HUNDRED MONTHS?
3 A. CORRECT.
4 Q. DO YOU RECALL WHAT YOUR ORIGINAL -- WHAT YOU WERE LOOKING
5 AT, THE TIME ORIGINALLY?
6 A. I BELIEVE 20 YEARS.
7 Q. NOW, DID YOU ALSO PLEAD GUILTY TO THE GEORGIA INDICTMENT?
9 Q. AND I'LL SHOW YOU GOVERNMENT'S EXHIBIT NUMBER 27. DO YOU
10 RECOGNIZE THAT EXHIBIT?
11 A. YES, THIS IS CORRECT, MY RULE 20 TRANSFER.
12 Q. AND IS IT ALSO YOUR PLEA AGREEMENT?
13 A. YES.
14 Q. ARE YOU FAMILIAR WITH THAT AGREEMENT?
15 A. YES, I AM.
16 Q. DOES IT HAVE YOUR SIGNATURE THERE I BELIEVE TOWARDS THE
17 BACK?
18 A. THIS ONE IS NOT SIGNED.
19 Q. OKAY. DOES THAT APPEAR TO BE THE SAME ONE THAT YOU SIGNED
20 WHENEVER YOU ENTERED YOUR PLEA?
21 A. YES, ESSENTIALLY IT IS.
22 Q. AND GOVERNMENT'S EXHIBIT NUMBER 28 LET'S GO BACK TO THAT
23 ONE. THAT'S THE ORLANDO PLEA AGREEMENT?
24 A. CORRECT.
25 Q. AND IS THAT ONE SIGNED?

150
1 A. IT'S INITIALED AND SIGNED.
2 Q. IS THAT YOUR SIGNATURE?
3 A. UH-HUH (AFFIRMATIVE).
4 Q. IS THAT THE AGREEMENT YOU ENTERED INTO?
5 A. CORRECT.
7 EXHIBITS 27 AND 28 INTO EVIDENCE.
11 Q. LET'S SEE GOVERNMENT'S EXHIBIT NUMBER 27. THIS IS THE ONE
12 THAT YOU ENTERED INTO FOR THE GEORGIA OFFENSE; IS THAT CORRECT?
14 Q. ALL RIGHT. AND IN PARAGRAPH 10 HERE IT TALKS ABOUT YOUR
15 COOPERATION; IS THAT CORRECT?
17 Q. WHAT IS THE ONE CONDITION OF YOUR COOPERATION?
18 A. FIRST OF ALL IF IT'S NOT A TRUTHFUL TESTIMONY THEN NO
19 MATTER WHAT POINT WHETHER IT WAS A YEAR FROM NOW OR A YEAR PAST
20 THEN THERE IS GOING TO BE -- THERE'S NO REWARD.
21 Q. WHAT WAS YOUR -- OBVIOUSLY YOU'VE GOTTEN A REWARD AT THIS
22 POINT YOU THINK. WHAT IS YOUR EXPECTATION ABOUT YOUR FURTHER
23 COOPERATION?
24 A. THAT IS, YOU KNOW, ONCE AGAIN IT'S ALL BASED ON WHAT THE
25 JUDGE'S DECISION IS GOING TO BE, BUT IT HAS TO BE HONEST

151
1 TESTIMONY.
2 Q. AND THIS PARTICULAR AGREEMENT SAYS THAT YOU WILL AGREE TO
3 COOPERATE TRUTHFULLY AND COMPLETELY WITH THE GOVERNMENT AT ANY
4 TIME, YES?
6 Q. AND IT'S UP TO THE GOVERNMENT TO DETERMINE WHAT FORM OF
7 COOPERATION THEY WILL REQUEST FROM YOU?
9 Q. SO EVERY TIME THE GOVERNMENT HAS REQUESTED YOUR
10 COOPERATION HAVE YOU DONE SO?
12 Q. MR. MARSHALL, YOUR NAME IS WILLIAM MARSHALL BUT HAVE YOU
13 EVER USED ANY OTHER NAMES?
14 A. YEAH, ALSO USED DOC OR BI.
15 Q. OKAY. WHAT ABOUT ANY FAKE NAMES OR FALSE NAMES THAT
16 YOU'VE USED?
17 A. YEAH, THERE'S ANTHONY JORDAN, JAMAL ANDERSON OR JAMAL --
18 THERE WAS ANOTHER NAME THAT I GOT A TENNESSEE DRIVER'S LICENSE
19 UNDER.
20 Q. I WANT YOU TO LOOK AT EXHIBITS 20-A AND 20-B. DO YOU
21 RECOGNIZE THAT?
22 A. YES.
23 Q. DID YOU ACTUALLY OBTAIN THAT?
25 Q. IS THAT YOUR PICTURE ON THERE?

152
4 THE CLERK: THAT'S ALREADY IN EVIDENCE.
5 BY MS. SCHANSMAN:
6 Q. THAT'S ACTUALLY ALREADY IN EVIDENCE. CAN YOU TELL US FOR
7 THE JURY WHAT THAT IS?
8 A. IT'S THE DRIVER'S LICENSE THAT I OBTAINED THROUGH THE
9 STATE OF TENNESSEE.
10 Q. WOULD YOU LOOK AT GOVERNMENT'S EXHIBIT NUMBER 20-B FOR
11 ME. DO YOU RECOGNIZE THAT?
12 A. CORRECT.
13 Q. CAN YOU TELL US ARE YOU THE INDIVIDUAL WHO FILLED THAT
14 OUT?
15 A. YES, THIS IS MY SIGNATURE, AND ALSO THE APPLICATION
16 INFORMATION I FILLED OUT.
17 Q. NOW WHAT NAME DID YOU USE TO FILL THAT OUT?
18 A. JAMAL WASHINGTON.
19 Q. WHY DID YOU USE THE NAME JAMAL WASHINGTON?
20 A. IT WAS JUST A NAME THAT I MADE UP AT THE TIME OF TWO
21 DIFFERENT PEOPLE THAT I KNEW.
22 Q. SO YOU JUST PICKED IT OUT RANDOMLY?
23 A. CORRECT.
24 Q. HOW WAS IT THAT YOU WERE ABLE TO OBTAIN THIS LICENSE?
25 A. WELL, WE ACTUALLY HAD A PERSON WORKING INSIDE THE DIVISION

153
1 OF MOTOR VEHICLES IN A SUPERVISORY POSITION THAT WE PAID UNDER
2 THE TABLE TO GET THEM.
3 Q. AND THIS IS IN TENNESSEE?
4 A. CORRECT, NASHVILLE.
5 Q. WHY WOULD YOU GET A LICENSE WITH A FAKE NAME ON IT?
6 A. WELL, BECAUSE THE ACTIVITY THAT WE WERE CONDUCTING AT THAT
7 TIME, YOU KNOW, YOU NEEDED TO BE ABLE TO HAVE A SEPARATE
8 IDENTITY IN CASE YOU GOT CAUGHT DOING SOMETHING.
9 Q. WHY WOULD YOU NEED THIS SEPARATE IDENTITY?
10 A. LIKE, FOR EXAMPLE, IF YOU'RE DRIVING DRUGS UP AND DOWN THE
11 HIGHWAY AND YOU GET PULLED OVER, YOU WANT TO BE ABLE TO
12 SEPARATE THAT FROM YOUR REAL PERSON IN THE EVENT THAT YOU'RE
13 ABLE TO POSSIBLY COULD GET AWAY, OR IF YOU'RE TRYING TO OBTAIN
14 OR PURCHASE DIFFERENT THINGS THAT YOU DON'T WANT TO HAVE WITH
15 YOUR OFFICIAL GOVERNMENT INFORMATION. YOU WANT TO SEPARATE THE
16 TWO BECAUSE YOU CAN ALWAYS DISCARD IT AT ANY TIME AND GO BACK
17 AND GET ANOTHER ONE.
18 Q. SO YOU PROTECT YOUR REAL IDENTITY, AND THEN YOU HAVE THIS
19 FAKE IDENTITY TO DO WHATEVER ILLEGAL --
20 A. YES.
21 Q. NOW GOVERNMENT'S EXHIBIT NUMBER 20-B, TAKE A LOOK BACK AT
22 THAT. THAT'S THE ONE THAT YOU SIGNED?
23 A. CORRECT.
24 Q. AND HOW WAS THAT -- WAS THAT THE APPLICATION YOU FILLED
25 OUT FOR THE LICENSE?

154
2 MS. SCHANSMAN: YOUR HONOR, WE WOULD OFFER 20-B INTO
3 EVIDENCE.
6 BY MS. SCHANSMAN:
7 Q. SO THIS IS YOUR SIGNATURE RIGHT HERE?
9 Q. BUT YOU DIDN'T SIGN YOUR REAL NAME?
11 Q. AND YOU OBTAINED THIS ON MARCH OF 04? I CAN'T READ THE
12 ACTUAL DATE THERE.
13 A. I THINK IT'S THE 11TH OF 04 OR THE 9TH.
14 Q. NOW THIS ADDRESS HERE, IS THAT YOUR ADDRESS?
15 A. NO.
16 Q. WHERE DID YOU GET THAT ADDRESS?
17 A. WELL ON OUR WAY TO THE TENNESSEE DMV, WE WERE RIDING DOWN
18 THE STREET SO WE TOOK IT OFF ONE OF THE HOUSES.
19 Q. SO YOU'D LITERALLY DRIVE DOWN THE STREET AND LOOK UP AN
20 ADDRESS?
21 A. YEAH, BECAUSE NO MAIL OR ANYTHING WAS GOING TO GO THERE.
22 IT WAS JUST FOR COMPUTER PURPOSES.
23 Q. ALL RIGHT. WHAT ABOUT THE SOCIAL SECURITY NUMBER; IS THAT
24 YOUR SOCIAL SECURITY NUMBER?
25 A. NO.
155
1 Q. WHERE DID YOU GET THAT?
2 A. THE SOCIAL SECURITY NUMBER WAS ALSO FICTITIOUS AS WELL.
3 Q. HOW DID YOU COME UP WITH THAT NUMBER?
4 A. JUST BASED OFF OF A FORMAL SOCIAL SECURITY NUMBER. THE
5 FIRST THREE BEING THE STATE AND THE SECOND TWO BEING THE
6 GENERATION OF BIRTH AND THE LAST THREE BEING THE GENDER.
7 Q. SO IS THAT HOW THEY COME UP WITH A SOCIAL SECURITY NUMBER
8 REGULARLY, OR IS THAT JUST YOUR METHOD FOR DOING IT?
9 A. YEAH, THAT'S THE METHOD WE USED.
10 Q. WHAT ABOUT THE BIRTH DATE; IS THAT YOUR DATE OF BIRTH?
11 A. NO.
12 Q. WHERE DID YOU GET THAT?
13 A. THAT ALSO WAS INVENTED AS WELL.
14 Q. NOW ARE YOU INVENTING THIS STUFF, OR IS THERE SOMEBODY
15 THAT'S COMING UP WITH THIS INFORMATION?
16 A. WELL, NO, IT BASICALLY STARTED FROM ME.
17 Q. SO YOU'RE DOING ALL THIS FOR WHAT REASON; WHAT'S THE MAIN
18 REASON BEHIND GETTING A STATE DRIVER'S LICENSE?
19 A. IT'S SO ACTUALLY YOU CAN TURN AROUND AND DO -- YOU CAN DO
20 SOME LEGITIMATE THINGS IN AN ILLEGITIMATE ORGANIZATION.
21 Q. WHAT WAS YOUR BUSINESS?
22 A. WELL JUST OBTAINING HOUSES, CARS, THE IDENTIFICATIONS AS
23 YOU SEE, AND ANY OTHER FINANCIAL THINGS THAT WENT ALONG WITH
24 THAT ALONG WITH THE DISTRIBUTION OF DRUGS.
25 Q. AND THAT WAS YOUR BUSINESS IN EXQUISITE EMPIRE?

156
1 A. EXQUISITE EMPIRE WAS JUST CARS BY THEMSELVES AND ALSO
2 PURCHASING HIGH-LINE HOMES, YOU KNOW, FOR INDIVIDUALS WHO
3 ACTUALLY DIDN'T HAVE THE MEANS TO GO AHEAD AND PURCHASE THOSE
4 THINGS, YOU KNOW, THROUGH LEGAL MEANS.
5 Q. WHAT WERE THE TYPE OF CARS THAT YOU WERE GETTING?
6 A. BMW 745'S, MERCEDES BENZ, PORSCHE CAYENNE, TRUCKS. ON THE
7 AVERAGE BETWEEN 50,000 AND 110,000 DOLLARS.
8 Q. THAT WAS THE VALUE OF THE CARS?
9 A. CORRECT.
10 Q. HOW WAS IT THAT YOU WERE ABLE TO OBTAIN THESE CARS?
11 A. WELL, WHAT WE DID AT THE TIME WAS WE USED INDIVIDUALS WHO
12 HAD CREDIT WHO COULD ACTUALLY PURCHASE IT. THEY HAD THE CREDIT
13 SCORES AND THEY HAD THE AMOUNT OF TRADE LINE THAT THE BANK
14 WOULD APPROVE.
15 THEN WE WOULD TAKE THE MONEY FROM THE BUYERS WHO WERE
16 ACTUALLY GOING TO BE DRIVING THESE VEHICLES AND WE WOULD PUT
17 TOGETHER FALSE EMPLOYMENT FOR THEM THAT WOULD SUBSTANTIATE HOW
18 MUCH THEY HAD BEEN MAKING PER YEAR. SO THOSE FORMS TOGETHER WE
19 WOULD GET THE LOANS.
20 Q. YOU WOULD GET THE LOANS FOR VEHICLES?
21 A. CORRECT.
22 Q. WHO WAS MAKING THE PAYMENTS ON THOSE LOANS?
23 A. WELL, IT WOULD BE THE INDIVIDUAL WHO ACTUALLY WAS DRIVING
24 THE VEHICLE.
25 Q. AS OPPOSED TO THE INDIVIDUAL WHOSE NAME THE CAR WAS IN?

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1 A. YES.
2 Q. NOW, DID YOU STAY IN JUST THE CAR BUSINESS AND HOUSE
3 BUSINESS?
4 A. NO.
5 Q. DID YOU GET INTO ANOTHER BUSINESS?
6 A. CORRECT.
7 Q. WHAT KIND?
8 A. DISTRIBUTION OF COCAINE.
9 Q. WHEN YOU SAY DISTRIBUTION OF COCAINE, WHAT KIND OF
10 QUANTITIES ARE WE TALKING ABOUT?
11 A. WE'RE TAKING 20 TO 30 KILOS A MONTH.
12 Q. AND YOU SAY COCAINE, WHAT FORM WAS THE COCAINE IN?
13 A. KILOS.
14 Q. DESCRIBE FOR US WHAT YOU MEAN BY A KILO; WHAT WAS THE
15 SHAPE?
16 A. IT'S KIND OF -- IT WOULD BE I GUESS KIND OF HALF THE SIZE
17 OF THIS RIGHT HERE AND ABOUT DOUBLE THE WIDTH.
18 Q. THAT WOULD BE A TISSUE BOX?
19 A. YEAH, MAYBE ABOUT HALF THIS SIZE HERE AND PROBABLY ABOUT
20 THAT WIDE.
21 Q. SO IT'S A LITTLE MORE SQUARE THAN A TISSUE BOX?
22 A. YES.
23 Q. AND THAT WOULD BE CONSISTENT WITH THE SIZE OF A KILO OF
24 COCAINE?
25 A. RIGHT.
158
1 Q. SO THESE ARE LIKE SOLID BRICKS?
2 A. CORRECT.
3 Q. HOW MUCH DOES A KILO COST; HOW MUCH DOES IT GO FOR ON THE
4 MARKET?
5 A. ROUGHLY ABOUT 20,000 DOLLARS.
6 Q. AT WHAT POINT DID YOU SORT OF CONVERT OVER FROM DEALING IN
7 CARS AND HOUSES TO DEALING IN KILOGRAMS OF COCAINE; DO YOU
8 REMEMBER WHAT YEAR THAT WAS?
9 A. THAT WAS PROBABLY 2000 -- LATE 2002.
10 Q. HOW DID YOU GET INTO THE COCAINE BUSINESS?
11 A. WELL AT THE TIME THE CAR BUSINESS HAD -- WHAT I WAS DOING
12 HAD ACTUALLY COLLAPSED SO THERE WAS A LOT OF DEBT INVOLVED WITH
13 REPAYING THE INDIVIDUALS WHO HAD PUT THE MONEY UP FOR THOSE
14 CARS.
15 SO WHAT THE GENTLEMAN I WAS WORKING FOR AT THE TIME
16 SUGGESTED IN ORDER TO PAY THESE THINGS BACK THAT I TAKE UP A
17 NEW LINE OF BUSINESS.
18 Q. WHO WAS THAT PERSON?
19 A. TERRY FLENORY.
20 Q. AND HOW DID YOU GET TO KNOW MR. FLENORY?
21 A. I GOT A CHANCE TO GET INTRODUCED TO HIM BY ANOTHER
22 INDIVIDUAL NAMED JERRY DAVIS WHO WHEN I FIRST MET MR. FLENORY I
23 WAS GETTING CARS FOR.
24 Q. DID YOU CALL HIM BY THE NAME MR. FLENORY, OR DID YOU CALL
25 HIM SOMETHING ELSE?

159
1 A. I CALLED HIM TEE IS WHAT WE CALLED HIM.
2 Q. NOW YOU FIRST GOT INVOLVED WITH TEE WHEN YOU WERE BUYING
3 CARS FOR HIM; IS THAT RIGHT?
4 A. CORRECT.
5 Q. WHAT KIND OF CARS WERE YOU BUYING FOR HIM?
6 A. BMW AND MERCEDES, A LOT OF SEVEN SERIES MERCEDES -- I MEAN
7 SEVEN SERIES BMW'S.
8 Q. DO YOU KNOW ANYTHING ABOUT WHAT MR. FLENORY'S BUSINESS
9 WAS?
10 A. YES, CORRECT, I DID.
11 Q. AND WHAT WAS THE ORGANIZATION THAT HE WORKED WITH?
12 A. IT'S CALLED THE BMF, BLACK MAFIA FAMILY.
13 Q. AND WHAT WAS HIS POSITION THERE WITH THE BLACK MAFIA
14 FAMILY?
15 A. HE WAS ONE OF THE FOUNDERS.
16 Q. DO YOU KNOW WHO THE OTHER FOUNDER WAS?
17 A. DEMETRIUS FLENORY.
18 Q. AND DID YOU CALL HIM DEMETRIUS FLENORY, OR DID YOU CALL
19 HIM SOMETHING ELSE?
20 A. I CALLED HIM MEECH.
21 Q. DID YOU DO BUSINESS WITH MEECH ALSO?
22 A. YEAH, BUT NOT DIRECTLY THROUGH HIM THROUGH, YOU KNOW,
23 THROUGH HIS ASSISTANT.
24 Q. AND WHO WAS MEECH'S ASSISTANT?
25 A. HIS NAME WAS J-BO.

160
1 Q. DO YOU KNOW WHAT HIS REAL NAME WAS?
2 A. CHAD BROWN.
3 Q. NOW YOU START OFF WITH TEE OR TERRY FLENORY?
4 A. CORRECT.
5 Q. HOW DID YOU GET INTRODUCED TO MEECH FLENORY OR DEMETRIUS
6 FLENORY?
7 A. THROUGH TERRY.
8 Q. TELL US ABOUT HOW YOU MET HIM?
9 A. WELL, ACTUALLY ONE OF THE LOCATIONS IS CALLED THE WHITE
10 HOUSE WHICH AT THAT TIME WAS PROBABLY ACROSS THE STREET FROM
11 WHERE I HAVE STAYING ON CRYSTAL COVE. THIS IS RIGHT OFF OF
12 EVANS MILL IN LITHONIA.
13 Q. I'M GOING TO SHOW YOU WHAT'S BEEN MARKED AS GOVERNMENT'S
14 EXHIBIT 1. DO YOU RECOGNIZE THAT?
15 A. YES, THIS WOULD BE THE LOCATION I JUST TALKED ABOUT, THE
16 WHITE HOUSE.
17 Q. AND THIS IS WHAT YOU REFER TO AS THE WHITE HOUSE?
18 A. CORRECT.
19 Q. DO YOU KNOW WHY IT WAS CALLED THE WHITE HOUSE?
20 A. WELL BECAUSE THE OUTSIDE WAS BASICALLY ALL WHITE.
21 Q. AND THIS IS WHERE YOU FIRST MET TERRY FLENORY?
22 A. CORRECT.
23 Q. WHAT WAS THE REASON FOR YOU GOING OVER THERE?
24 A. WELL AT THE TIME I WAS DOING A LOT OF CARS FOR ONE OF HIS
25 FRIENDS, AND HE SAID THAT NEEDED -- HE HAD TOLD THE GENTLEMAN

161
1 JERRY DAVIS I WAS DOING THE CARS FOR THAT HE NEEDED A GUY THAT
2 COULD SUPPLY THESE VEHICLES AS WELL. SO IT WAS FOR THE PURPOSE
3 OF ACTUALLY GETTING STARTED OBTAINING CARS FOR TERRY.
4 Q. AND HOW LONG DID YOU WORK IN THAT AND THAT IS GETTING CARS
5 FOR TERRY FLENORY?
6 A. FROM 2002, YOU KNOW, KIND OF UP TO EARLY 2005.
7 Q. NOW YOU SAID YOU ACTUALLY STARTED IN THE DRUG BUSINESS IN
8 2002. WERE YOU DOING BOTH AT THE SAME TIME?
9 A. WELL, I SHOULD SAY EXCUSE ME 2001 PROBABLY BECAUSE IT WAS
10 ABOUT 10 TO 12 MONTHS BEFORE I ACTUALLY STARTED HANDLING THE
11 DRUGS, SO 2001 TO 2005.
12 Q. ALL RIGHT. AT WHAT POINT DID YOU LEARN THAT TERRY
13 FLENORY -- HOW TERRY FLENORY MADE HIS MONEY?
14 A. WELL, HE WAS DIFFERENT THAN FROM MOST OF THE PEOPLE I WAS
15 HELPING TO DO VEHICLES. WE KIND OF KEPT WHATEVER THEIR
16 BUSINESS WAS SEPARATE, BUT, YOU KNOW, TERRY WAS KIND OF UP
17 FRONT.
18 HE JUST BASICALLY SAID THAT HE MET A WHOLE LOT OF CAR
19 GUYS BEFORE AND, YOU KNOW, MOST OF THEM CLAIM TO SAY THEY CAN
20 DO ONE THING AND THEN THEY DELIVER FOR A WHILE AND DON'T
21 DELIVER, AND HE JUST SAID, YOU KNOW, HIS THINGS IS DRUGS, HE'S
22 IN THE DRUG BUSINESS, HE AIN'T GOING TO SUGARCOAT IT AND IF I'M
23 CHOOSING TO BE IN HIS BUSINESS THEN WE'RE GOING TO HAVE
24 EVERYTHING OUT ON THE TABLE AND BE OPEN AND HONEST ABOUT IT SO
25 HE DIDN'T COVER ANYTHING UP.

162
1 Q. SO AT WHAT POINT DID YOU BECOME -- OR DID YOU BECOME PART
2 OF THE BMF ORGANIZATION?
3 A. WELL THROUGHOUT A SERIES OF JUST PROBABLY MAYBE ABOUT TEN
4 OR ELEVEN MONTHS DOWN THE LINE AND MORE SO WHEN THE CLOSURE OF
5 MY CAR BUSINESS STOPPED. BECAUSE AT THAT PARTICULAR POINT
6 TERRY WAS LIKE WELL YOU DON'T DO ANY CARS FOR ANYBODY ELSE,
7 ONCE YOU START HANDLING AND DEALING IN THIS COCAINE BUSINESS,
8 YOU KNOW, THERE'S NO MORE DOING A CAR FOR AN OUTSIDE PERSON OR
9 ANYTHING ELSE LIKE THAT. SO THAT WOULD PROBABLY HAVE TO BE,
10 YOU KNOW, 2002 AGAIN THROUGH PROBABLY MAY.
11 Q. ALL RIGHT. SO IN ESSENCE YOU STARTED OUT WITH THE CAR
12 BUSINESS WITH MR. TERRY FLENORY AND -- YOU MENTIONED SEVERAL
13 TIMES NOW THAT YOUR CAR BUSINESS STOPPED. WHAT HAPPENED TO
14 YOUR CAR BUSINESS?
15 A. WELL, THERE WAS A COUPLE OF THINGS. ONE OF THE THINGS WAS
16 THAT THERE WERE -- ONE OF THE CARS I HAD DELIVERED THERE WAS 12
17 KILOS OF COCAINE FOUND IN ONE OF THE CARS, THE PORSCHE CAYENNE
18 VEHICLE, AND ANOTHER SITUATION WAS WAS THAT THERE WAS IDENTITY
19 THEFT BEING DONE AND SOMEBODY HAD USED EXQUISITE EMPIRE TO
20 VERIFY THE JOBS.
21 SO WHEN THE CARS STARTED GETTING TAKEN OFF THE ROAD,
22 THEY THOUGHT THEY WERE IDENTITY THEFT VEHICLES, AND THROUGH
23 FURTHER INVESTIGATION THEY FOUND OUT THAT THE CARS DID BELONG
24 TO INDIVIDUALS BUT THAT'S WHEN THE BANK AND WIRE FRAUD CAME IN
25 BECAUSE THE TRUE ACT OF THE FRAUD WAS THAT THE JOBS WERE MADE
163
1 UP. THE JOBS DIDN'T EXIST WHERE WE HAD THE EMPLOYMENT FOR THE
2 ACTUAL PURCHASERS OF THE VEHICLE. SO AT THAT PARTICULAR POINT
3 PROBABLY ABOUT 200 CARS HAD TO COME OFF THE ROAD WITH AN
4 AVERAGE VALUE OF ABOUT 50,000.
5 Q. AND WAS ONE OF THOSE CARS TERRY FLENORY'S CAR?
6 A. SEVERAL.
7 Q. I TAKE IT HE WASN'T VERY HAPPY ABOUT HIS CARS COMING OFF
8 THE ROAD?
9 A. NO, MA'AM.
10 Q. IS THAT HOW YOU GOT INTO THE DRUG DEALING?
11 A. CORRECT.
12 Q. WHEN YOU FIRST GOT INTO THE DRUG DEALING BUSINESS DESCRIBE
13 FOR US HOW THAT PROCESS WORKED?
14 A. WELL, MOST OF MY CLIENTS WERE ALREADY DRUG DEALERS WHO
15 WERE DRIVING THE VEHICLES. SO IT WAS JUST A MATTER OF GETTING
16 THE SUPPLY FROM TERRY AND ACTUALLY GETTING IT OVER TO MY
17 CUSTOMERS WHO NEEDED THE DEMAND. SO I DIDN'T HAVE TO LOOK FAR,
18 YOU KNOW, TO FIND CLIENTELE.
19 Q. SO YOUR CUSTOMERS WERE ACTUALLY DRUG DEALERS THEMSELVES;
20 YOU WEREN'T SELLING ON THE STREETS AS THEY SAY?
21 A. CORRECT.
22 Q. AND HOW WAS IT THAT YOU ALREADY HAD THESE CUSTOMERS WHO
23 WERE DRUG DEALERS?
24 A. WELL BECAUSE THOSE WERE THE ONES THAT COULD AFFORD, YOU
25 KNOW, OR WHO WANTED TO ACTUALLY PURCHASE THESE VEHICLES OUT

164
1 RIGHT BUT BECAUSE OF THE CURRENCY TRANSACTION REPORTS AND
2 DIFFERENT FORMS THAT, YOU KNOW, YOU CAN'T WALK INTO A PLACE
3 WITH OVER 10,000 DOLLARS IN CASH AND ACTUALLY PURCHASE THESE
4 VEHICLES.
5 SO THEY NEEDED TO HAVE A WAY TO BE ABLE TO LIVE THE
6 WAY THEY WANTED TO LIVE AND DO IT WITHIN A PARAMETER THAT
7 WOULDN'T HAVE A LIGHT SHINED ON TOP OF THEM.
8 Q. SO WOULD IT BE FAIR TO SAY IT WAS A FAIRLY EASY
9 TRANSITION, YOU ALREADY HAD THE CUSTOMERS IN PLACE FROM THE CAR
10 BUSINESS TO GO TO THE DRUG BUSINESS?
11 A. YEAH, I HAD KNOWN FOR A WHILE, I KNEW WHERE THEY LIVED AT.
12 I KNEW WHERE EVERYTHING WAS IN PLACE.
13 Q. HOW IS IT THAT YOU WERE ABLE TO GET THE SUPPLY FROM TERRY
14 FLENORY?
15 A. WELL BECAUSE HAVING DONE BUSINESS FOR HIM FOR SUCH A
16 PERIOD OF TIME, YOU KNOW, IT WAS A SITUATION WHERE HE KNEW THAT
17 IF I TOLD HIM SOMETHING IT WAS HONORABLE. IT WASN'T, YOU KNOW,
18 IT WASN'T ANYTHING THAT HE GAVE ME MONEY AND I RAN OFF. HE
19 UNDERSTOOD THAT. EVEN THE COLLAPSE OF THE CAR BUSINESS WASN'T
20 DIRECTLY ATTRIBUTED TO ME.
21 SO AT THE SAME TOKEN IT WAS A CHANCE FOR HIM TO GET
22 HIS MONEY. HE COULD RECAP HIS MONEY BACK, AND AT THE SAME TIME
23 ALLOW ME TO JUST ISOLATE JUST DOING, YOU KNOW, THE CARS AND
24 HOUSES FOR HIM AND AT THE SAME TIME EARN A LIVING AS WELL.
25 Q. SO YOU DIDN'T ACTUALLY STOP THE BUSINESS ALTOGETHER, YOU

165
1 JUST KEPT THAT CONFINED TO THE BMF ORGANIZATION?
2 A. YEAH, FOR DIFFERENT MEMBERS WHO NEEDED, YOU KNOW,
3 DIFFERENT APARTMENTS, HOUSES, CARS FOR THEIR OWN PERSONAL USE.
4 THE COURT: WE NEED TO STOP FOR A BREAK SOMEWHERE
5 ALONG IN HERE.
6 MS. SCHANSMAN: ACTUALLY PROBABLY NOW IS JUST AS GOOD
7 AS ANY.
8 THE COURT: ALL RIGHT. LET'S TAKE A 15-MINUTE BREAK,
9 LADIES AND GENTLEMEN.
10 (RECESS)
11 THE COURT: MR. O'BRIEN, ONE OF THE JURORS INDICATED
12 TO MS. HANNA SHE WAS HAVING TROUBLE HEARING YOU. REMEMBER TO
13 SPEAK RIGHT INTO THE MIKE.
14 ALL RIGHT. WE'RE READY.
15 (JURY PRESENT)
17 MS. SCHANSMAN: THANK YOU, YOUR HONOR.
19 Q. MR. MARSHALL, I'M GOING TO SHOW YOU WHAT'S BEEN MARKED
20 GOVERNMENT'S EXHIBIT 27. WE LOOKED AT IT A FEW MINUTES AGO.
21 IF YOU WOULD LOOK AT PAGES 9 AND 10 IN THAT EXHIBIT.
22 DO THOSE PAGES ACTUALLY HAVE YOUR SIGNATURE ON THEM?
23 A. NINE AND TEN DOES.
24 Q. AND THAT'S THE SAME PLEA AGREEMENT YOU LOOKED AT BEFORE
25 FOR THE NORTHERN DISTRICT OF GEORGIA?

166
1 A. FEBRUARY OF 07.
2 Q. AND THAT'S THE ONE YOU ACTUALLY SIGNED?
3 A. CORRECT.
4 Q. OKAY. NOW WHEN WE LEFT WE WERE TALKING ABOUT SOMEONE YOU
5 KNOW AS TERRY FLENORY. IF YOU'D LOOK AT GOVERNMENT'S EXHIBIT
6 NUMBER 22-A DO YOU RECOGNIZE THAT INDIVIDUAL?
7 A. THIS IS TERRY.
11 THE COURT: 22-A IS ADMITTED.
13 Q. IS THIS THE INDIVIDUAL THAT YOU KNOW AS TERRY FLENORY?
14 A. YES, IT IS.
15 Q. NOW I'M ALSO SHOWING YOU GOVERNMENT'S EXHIBIT NUMBER
16 15-A. ARE YOU FAMILIAR WITH THAT?
17 A. YES.
18 Q. YOU TESTIFIED YOU KNOW AN INDIVIDUAL BY THE NAME OF
19 DEMETRIUS FLENORY, RIGHT?
21 Q. WOULD YOU RECOGNIZE HIM IF YOU SAW HIM?
22 A. YES.
23 MS. SCHANSMAN: YOUR HONOR, WE WOULD OFFER
24 GOVERNMENT'S EXHIBIT 15-A IN EVIDENCE.
25 THE CLERK: IT'S ALREADY IN.

167
1 BY MS. SCHANSMAN:
2 Q. WHO IS THIS INDIVIDUAL?
3 A. THAT'S DEMETRIUS FLENORY.
4 Q. NOW THIS LICENSE SAYS RICARDO SANTOS BUT YOU KNOW THAT
5 INDIVIDUAL TO BE DEMETRIUS FLENORY?
6 A. CORRECT.
7 Q. HOW DID YOU GET INVOLVED WITH DEMETRIUS FLENORY?
8 A. WELL JUST ACTUALLY HAVING A SUCCESSFUL RUN OF ACQUIRING,
9 YOU KNOW, PROPERTY AND CARS FOR TERRY, HE SUGGESTED MY SERVICES
10 OVER TO HIS BROTHER.
11 Q. ALL RIGHT. AND SO WERE YOU DEALING DRUGS WITH DEMETRIUS
12 FLENORY OR DID YOU START WITH CARS WITH DEMETRIUS FLENORY?
13 A. STARTED WITH CARS AND PROPERTY.
14 Q. SO AT THIS POINT TERRY AND DEMETRIUS WERE STILL FRIENDS?
15 A. CORRECT.
16 Q. NOW AT SOME POINT OR AT WHAT POINT DID YOU START DEALING
17 DRUGS WITH DEMETRIUS FLENORY?
18 A. AFTER THE BROTHERS FELL OUT.
19 Q. SO THERE WAS A PARTING OF THE WAYS BETWEEN THE TWO
20 BROTHERS?
22 Q. NOW AT THAT POINT YOU WENT TO THE MEECH SIDE, IF YOU WILL,
23 OF THE ORGANIZATION?
24 A. CORRECT.
25 Q. NOW WAS IT STILL BMF?

168
1 A. YES, THE WHOLE ORGANIZATION WAS STILL BMF.
2 Q. DESCRIBE FOR US THE PROCESS WHEN YOU WOULD BUY DRUGS FROM
3 DEMETRIUS FLENORY'S ORGANIZATION; TELL US A TYPICAL DAY IN THE
4 LIFE OF A DRUG DEALER?
5 A. WELL, IT WOULD START OFF WITH A PHONE CALL AND ACTUALLY
6 SAYING THAT THE VEHICLE IS HERE, AND THEN FROM THERE WE
7 WOULD -- I WOULD ACTUALLY GO OVER TO A CERTAIN LOCATION THAT WE
8 SPOKE ABOUT.
9 IN THIS CASE LET'S SAY IT'S ONE OF THE HOUSES THAT WE
10 WOULD CALL THE GATE, AND HE WOULD ACTUALLY HAVE EVERYTHING
11 PRETTY MUCH WHATEVER YOUR ORDER WAS IF YOU ORDERED 15 OR 20,
12 WHATEVER THE CASE MAY HAVE BEEN.
13 YOU WOULD LET HIM KNOW THAT YOU HAVE THE MONEY FOR
14 IT, AND THEY WOULD ALREADY HAVE IT PACKED IN A DUFFLE BAG OR
15 YOU WOULD COUNT THEM OUT AS THEY'RE PUTTING THEM IN THE DUFFLE
16 BAG, AND THEN FROM THERE YOU'D GET IN YOUR VEHICLE AND GO, YOU
17 KNOW, KIND OF LIKE GOING THROUGH A DRIVE-THROUGH.
18 Q. SO HOW LONG WOULD THIS PROCESS TAKE YOU?
19 A. 35 MINUTES.
20 Q. AND WAS IT THE SAME EVERY TIME?
21 A. IT WAS ACCORDING TO WHAT MONEY YOU HAD ON HAND.
22 Q. NOW, WHAT DO YOU MEAN BY THAT?
23 A. IT WOULD BE ACCORDING TO LIKE FOR EXAMPLE IF YOU HAVE
24 400,000, THEN YOU COULD GET 20 OF THEM. IF YOU HAD 300,000,
25 YOU KNOW, THEN AT THAT PARTICULAR POINT --

169
1 Q. OKAY. HOLD ON. YOU SAID IF YOU HAVE 400,000 YOU CAN GET
2 20 OF THEM. 400,000 WHAT?
3 A. 400,000 DOLLARS.
4 Q. AND YOU'D GET 20 OF WHAT?
5 A. 20 KILOS OF COCAINE.
6 Q. I'M SORRY, YOU SAID IF YOU GET 400 YOU GET 20. WHAT IF
7 YOU SHOWED UP WITH LESS MONEY?
8 A. WELL, IT'S LIKE GOING SHOPPING ANYWHERE ELSE, YOU'RE GOING
9 TO GET LESS PRODUCT.
10 Q. SO WOULD YOU PLACE AN ORDER AHEAD OF TIME?
11 A. YEAH, YOU WOULD HAVE THAT CONVERSATION AHEAD OF TIME.
12 LIKE ACTUALLY WHEN YOU MEET HIM YOU SAY LOOK, I NEED 15 OF
13 THEM. HE'D SAY OKAY.
14 SAY TODAY IS THE 12TH, THE VAN WILL BE HERE ON THE
15 20TH, SO I'LL CALL YOU, AND WHEN I CALL YOU, JUST COME OVER
16 BECAUSE IT'S ALREADY PREARRANGED AND PREDISCUSSED OF WHAT
17 YOU'RE GOING TO GET FROM HIM.
18 Q. NOW THIS WHAT YOU'RE DESCRIBING HAPPENS AT THE GATE?
20 Q. THIS IS GOVERNMENT'S EXHIBIT 6-A. DO YOU RECOGNIZE THIS
21 HOUSE?
22 A. THAT'S AN AERIAL VIEW SHOT OF IT.
23 Q. OF WHAT?
24 A. OF THE HOUSE CALLED THE GATE.
25 Q. AND YOU'VE BEEN TO THIS HOUSE BEFORE?

170
1 A. SEVERAL TIMES.
2 Q. HOW BIG IS THIS HOUSE, DO YOU KNOW?
3 A. PROBABLY ABOUT 3200 SQUARE FEET.
4 Q. IT'S NOT A SMALL HOUSE?
5 A. NO.
6 Q. ALL RIGHT. NOW YOU SAID WHENEVER HE WOULD CALL YOU, YOU'D
7 PLACE YOUR ORDER WITH THIS INDIVIDUAL. WHO ARE YOU TALKING
8 ABOUT?
9 A. THIS WOULD BE J-BO, CHAD BROWN.
10 Q. NOW WHAT WAS J-BO'S RELATIONSHIP TO MEECH BECAUSE THIS IS
11 MEECH'S SIDE OF THE ORGANIZATION, RIGHT?
12 A. RIGHT.
13 Q. SO WHAT'S J-BO'S RELATIONSHIP TO MEECH?
14 A. HE'S THE UNDERBOSS OR THE VP, VICE-PRESIDENT, YOU KNOW.
15 Q. SORT OF HIS RIGHT-HAND MAN?
16 A. HIS ASSISTANT.
17 Q. NOW, WHEN YOU GET THERE HOW MANY PEOPLE ARE THERE? LIKE,
18 FOR INSTANCE, WHEN YOU'RE GOING TO PICK UP A DELIVERY OF
19 COCAINE AT THE GATE, HOW MANY PEOPLE ARE THERE?
20 A. ON THE AVERAGE OF PROBABLY ABOUT EIGHT TO NINE PEOPLE.
21 Q. AND WHAT ARE THESE EIGHT TO NINE PEOPLE DOING?
22 A. IT WAS VARIOUS JOBS, YOU KNOW, YOU PROBABLY MAY HAVE --
23 YOU PROBABLY MAY HAVE TWO OR THREE PEOPLE COUNTING MONEY, AND
24 THEN YOU PROBABLY WOULD HAVE J-BO THERE, AND YOU WOULD HAVE
25 ANOTHER TWO PEOPLE OR SO HELPING FILL THE DUFFLE BAGS UP AND

171
1 ACTUALLY GET YOUR ORDER TO YOU, AND THEN THE OTHER INDIVIDUALS
2 WOULD BE THOSE WHO EITHER LIVED AT THE HOUSE OR WHO WERE JUST
3 ACTUALLY JUST HANGING OUT AT THE HOUSE.
4 Q. WHO WERE SOME OF THE PEOPLE THAT YOU SAW ON -- HOW MANY
5 TIMES DID YOU GO OVER TO THE GATE TO MAKE PURCHASES?
6 A. PROBABLY ABOUT SEVEN TO TEN TIMES.
7 Q. NOW IS THE GATE HERE IN ATLANTA?
8 A. YES, IT IS.
9 Q. WHEN YOU WENT OVER TO THE GATE THIS SEVEN OR TEN TIMES WHO
10 WERE SOME OF THE PEOPLE THAT YOU WOULD SEE THERE?
11 LET'S START THIS WAY. WHO WERE THE PEOPLE THAT
12 TYPICALLY COUNTED THE MONEY?
13 A. YOU WOULD HAVE A GENTLEMAN BY THE NAME OF LITTLE ROB. YOU
14 WOULD HAVE BLEU DAVINCI. YOU WOULD HAVE THROW BACK, D-SHOCK,
15 AND TITO.
16 Q. AND WHO WERE THE PEOPLE AS YOU SAID PLACING THE ORDERS AND
17 FILLING THE BAGS?
18 A. THAT WOULD NORMALLY BE TITO OR D-SHOCK, NORMALLY THOSE
19 TWO, AND ALSO ON OCCASION I HAD ACTUALLY RECEIVED THE ORDERS
20 PASSED TO ME FROM BLEU. THAT WAS ON ONE OCCASION.
21 Q. YOU SAID THERE WERE TYPICALLY OTHER PEOPLE WHO EITHER
22 LIVED AT THE HOUSE OR HANGING OUT AT THE HOUSE?
23 A. RIGHT.
24 Q. WHO WOULD THOSE PEOPLE BE?
25 A. FOR EXAMPLE, ONE OF THE INDIVIDUALS WOULD BE MR. FLEMINGS

172
1 RIGHT THERE.
2 Q. YOU SAID MR. FLEMINGS RIGHT THERE, WHO DO YOU MEAN?
3 A. HUH?
4 Q. YOU SAID MR. FLEMINGS RIGHT THERE, WHO DO YOU MEAN?
5 A. FLEMINGS DANIEL.
6 Q. CAN YOU DESCRIBE HIM FOR ME?
7 A. YES, HE HAS A TIE ON SITTING NEXT TO HIS ATTORNEY.
8 Q. WHAT DOES HIS HAIR LOOK LIKE?
9 A. BALD BLACK GUY.
10 MS. SCHANSMAN: YOUR HONOR, LET THE RECORD REFLECT
11 HE'S IDENTIFIED THE DEFENDANT.
13 THE COURT: IT SHALL.
15 Q. NOW, WHEN YOU SAW MR. FLEMING DANIELS THERE, WHAT -- DO
16 YOU KNOW HIM BY ANOTHER NAME?
17 A. ILL.
18 Q. IS THAT WHAT YOU CALLED HIM?
20 Q. WHEN YOU SAW MR. DANIELS THERE WHAT WAS HE DOING
21 TYPICALLY?
22 A. WELL, THERE WAS -- MOST OF THE OCCASIONS HE WAS JUST THERE
23 ON, YOU KNOW, TALKING TO THE OTHER BOSSES AND INSTRUCTING
24 PEOPLE ON DIFFERENT THINGS TO DO AND PLAYING POOL, AND WE USED
25 TO GAMBLE A LOT, YOU KNOW, GAMBLING ON DICE, GAMBLING ON

173
1 SHOOTING POOL, AND ALSO THERE WAS AN OCCASION THERE THAT HE
2 ALSO WAS PICKING UP DRUGS AS WELL.
3 Q. NOW, YOU SAID THAT HE'S THERE AND HE'S TALKING TO THE
4 OTHER BOSSES AND EVERYTHING. IS THAT IN THE AREA WHERE YOU'RE
5 PICKING UP THESE DRUGS AND DROPPING OFF THE MONEY?
6 A. YEAH, IT WAS LIKE IT'S ALL ON ONE FLOOR, ALL ON ONE LEVEL
7 OF THE LIVING ROOM AND THE BEDROOM IS ALL JUST LIKE ONE FLOOR,
8 ONE LARGE COMMON AREA.
9 Q. FROM ONE AREA TO THE NEXT CAN YOU SEE WHAT'S GOING ON?
10 A. WELL, IF YOU'RE AT THE POOL TABLE, YOU COULD ACTUALLY SEE
11 WHERE YOU'RE RECEIVING THE BAG AT UNLESS IT WAS A DIFFERENT --
12 LIKE UNLESS IT WAS A DIFFERENT DAY WHEN THEY WERE ACTUALLY
13 DOING IT DOWNSTAIRS, BUT IN MOST CASES IF YOU'RE IN ONE AREA,
14 YES, YOU CAN SEE WHERE THE DRUGS IS BEING PACKED.
15 NOW IF IT COMES DOWN TO WHERE THE MONEY IS BEING
16 COUNTED AT, THAT'S GOING TO BE IN THE BACK ROOM. THAT'S J-BO'S
17 BEDROOM. YOU CAN'T SEE FROM THE GAMBLING AREA TO WHERE THE
18 BEDROOM IS.
19 Q. YOU SAID THAT ON ONE OCCASION YOU ACTUALLY SAW MR. FLEMING
20 DANIELS PICKING UP DRUGS. TELL US ABOUT THAT INCIDENT?
21 A. I WAS THERE PICKING UP ABOUT 20 OF THEM TO GO TO TENNESSEE
22 WITH IT, AND HE WAS ALSO THERE PICKING UP AS WELL. THE EXACT
23 AMOUNT I DON'T KNOW, BUT IT WAS PROBABLY JUST -- FROM THE SIZE
24 OF THE BAG IT WAS A LITTLE BIT MORE THAN MINE'S.
25 Q. WHY IS IT THAT THIS PARTICULAR INCIDENT STICKS IN YOUR

174
1 MIND?
2 A. BECAUSE, YOU KNOW, IT WASN'T A REGULAR TIME THAT I WOULD
3 SEE HIM OVER THERE DOING THAT.
4 Q. NOW THE GATE, DOES ANYBODY ACTUALLY LIVE AT THAT
5 RESIDENCE?
6 A. YEAH, YOU KNOW, CHAD BROWN WAS LIVING THERE. D-SHOCK WAS
7 LIVING THERE. I BELIEVE -- IT HAD ROUGHLY ABOUT THREE OR
8 FOUR -- ABOUT FOUR BEDROOMS TO THE HOUSE. I BELIEVE BLEU
9 STAYED THERE, WAS LIVING THERE ON AND OFF BUT THERE WAS ALWAYS
10 SOMEBODY HOME.
11 Q. NOW LET'S GO BACK TO THE PROCESS OF THEM BRINGING THE
12 DRUGS IN. HOW WOULD THE DRUGS -- WERE YOU EVER THERE WHEN THE
13 DRUGS ACTUALLY ARRIVED AT THE HOUSE?
14 A. ON ONE OCCASION OR MAYBE MORE THAN ONE OCCASION, ABOUT TWO
15 OCCASIONS.
16 Q. HOW DID THEY GET TO THE HOUSE?
17 A. NORMALLY THERE WAS A WHITE LIMOUSINE AND THERE WAS ALSO A
18 LINCOLN TOWN CAR AND THERE WAS ALSO A VAN. THOSE ARE THE TWO
19 ONES THAT STAND OUT IN MY MIND.
20 Q. ARE THESE CARS THAT YOU HAD OBTAINED FOR THE BMF?
21 A. NO.
22 Q. DID YOU EVER SEE WHERE THE DRUGS WERE IN THESE VEHICLES?
23 A. YEAH, THERE WAS TRAP COMPARTMENTS HIDDEN BEHIND THE
24 SEATS. LIKE IF, OKAY, IF YOU'RE GOING TO ENTER A LIMOUSINE AND
25 YOU'RE OPENING THE BACK DOOR, THEY WOULD BE ON THE LONG WALL
175
1 HERE.
2 IF YOU'VE EVER BEEN INSIDE A LIMOUSINE ACROSS FROM
3 THAT WOULD BE THE LITTLE BAR AREA THAT THEY HAVE, BUT THEY HAVE
4 A LONG SEAT THAT GOES ALL THE WAY TO THE BACK. IT WOULD BEHIND
5 THAT SEAT. THAT SEAT WOULD AUTOMATICALLY FOLD DOWN.
6 Q. SO YOU ACTUALLY SAW THEM TAKE DRUGS OUT OF THIS
7 COMPARTMENT BEFORE?
8 A. YES.
9 Q. ONCE THE CARS ARRIVED, WHAT WAS THE PROCESS?
10 A. WELL, AT THAT PARTICULAR POINT THEY WOULD TAKE -- I SPOKE
11 EARLIER TO YOU ABOUT THERE'S A ROOM THAT'S DOWNSTAIRS, AND THEY
12 WAS TAKEN OUT, COUNTED AND SEPARATED INTO, YOU KNOW, ORDERS
13 THAT YOU WOULD HAVE IF YOU HAVE ORDERED SOMETHING FROM SAM'S
14 CLUB OR ANYWHERE ELSE THEY WOULD BREAK DOWN.
15 IF YOU HAVE 120 OF THEM, THEY WOULD BREAK THEM DOWN
16 TO WHO'S GETTING WHAT, WHO'S GETTING WHAT. SO WHEN EVERYONE IS
17 ACTUALLY COMING THROUGH, YOU KNOW, THIS IS SOMETIMES COULD BE
18 DURING THE DAY SO THAT EVERYONE GETS THEIR ORDERS AND IT ALL BE
19 DONE IN LESS THAN AN HOUR.
20 Q. ALL RIGHT. WHAT WAS THE VOLUME, WHAT WAS THE QUANTITY OF
21 DRUGS THAT THEY WERE BRINGING IN LIKE THE LIMOS AND TOWN CAR
22 FROM YOUR EXPERIENCE?
23 A. THEY WOULD NORMALLY HOLD ABOUT A HUNDRED TO 150.
24 Q. 150 WHAT?
25 A. KILOGRAMS -- I MEAN KEYS.

176
1 Q. HOW FREQUENTLY WOULD THESE LOADS COME IN FROM YOUR
2 EXPERIENCE?
3 A. PROBABLY ONCE EVERY TEN DAYS.
4 Q. NOW WHEN YOU WERE THERE PICKING UP YOUR DRUGS, YOU SAID
5 J-BO WAS THERE. WAS MEECH EVER THERE WHEN YOU PICKED UP YOUR
6 DRUGS?
7 A. NOT AT THAT LOCATION BUT AT A DIFFERENT LOCATION THAT WAS
8 AT A HOUSE THAT WAS ON GLENRIDGE THAT WE CALLED THE ELEVATOR
9 HOUSE.
10 Q. I SHOW YOU WHAT'S BEEN MARKED AS GOVERNMENT'S EXHIBIT 7-A
11 AND 7-B. DO YOU RECOGNIZE THOSE?
12 A. YEAH, THAT'S THE LOCATION. THAT'S THE HOUSE.
13 Q. NOW THIS IS WHAT YOU REFERRED TO AS THE ELEVATOR?
14 A. CORRECT.
15 Q. WHY IS IT REFERRED TO AS THE ELEVATOR?
16 A. THAT WAS A NAME THAT I ACTUALLY GAVE IT BECAUSE THERE WAS
17 A GLASS ELEVATOR BEING INSTALLED INSIDE THE UNIT.
18 Q. AND THAT'S WHERE YOU SAW MEECH WHENEVER YOU WENT TO PICK
19 UP DRUGS?
20 A. RIGHT.
21 Q. WHEN YOU'RE AROUND J-BO AND MEECH WHENEVER YOU WERE GOING
22 TO PICK UP YOUR DRUGS, WERE THEY ACTUALLY HANDING OUT THE
23 DRUGS?
24 A. AT THAT LOCATION THERE, I RECEIVED IT DIRECTLY FROM J-BO.
25 Q. THE ELEVATOR?
177
1 A. YES.
2 Q. WAS THAT UNUSUAL FOR J-BO TO HAND YOU THE DRUGS?
3 A. NO, BECAUSE THAT WAS THEIR PERSONAL HOUSE, SO THAT WAS
4 THEIR USUAL THING.
5 Q. WHAT ABOUT MEECH, DID MEECH EVER ACTUALLY HAND YOU DRUGS?
6 A. NO.
7 Q. DID YOU EVER SEE MEECH TOUCHING THE DRUGS, LITERALLY
8 TOUCHING THE DRUGS?
9 A. NO.
10 Q. NOW YOU SAID YOU KNEW THE DEFENDANT MR. DANIELS. HOW DID
11 YOU FIRST MEET MR. DANIELS?
12 A. I FIRST MET HIM AT THE WHITE HOUSE. HE WAS WITH MEECH AT
13 THE TIME.
14 THE COURT: CAN YOU GIVE US AN APPROXIMATE DATE?
15 THE WITNESS: APPROXIMATELY THAT WOULD HAVE TO HAVE
16 BEEN -- THAT WOULD HAVE TO HAVE BEEN 2002.
18 Q. DID YOU HAVE ANY BUSINESS WITH MR. DANIELS?
19 A. NOT AT THAT TIME I DIDN'T, NO.
20 Q. DID YOU LATER ON?
21 A. YES, ACTUALLY AROUND JUNE, MAY, JUNE OF 2003.
22 Q. WHAT WAS THAT BUSINESS?
23 A. I HAD OBTAINED FOR HIM A VEHICLE, A CAR.
24 Q. WHAT KIND OF CAR?
25 A. IT WAS A CONVERTIBLE FERRARI MODENA.

178
1 Q. WHAT'S THE VALUE OF THAT CAR, APPROXIMATELY?
2 A. ABOUT 150,000.
3 Q. 150,000 DOLLARS?
5 Q. AND HOW DID HE PURCHASE THIS VEHICLE?
6 A. WELL, IT WAS DONE UNDER THE SAME FINANCE PLAN I DO MOST OF
7 THEM. HIS INVOLVEMENT TO IT WAS THAT HE HAD TO PUT DOWN 40,000
8 CASH.
9 Q. SO HE BROUGHT YOU 40,000 CASH ALL AT ONCE?
10 A. NO, WE INITIALLY TOOK 25,000 DOWN FROM HIM.
11 Q. THAT WAS IN CASH?
12 A. THAT WAS IN CASH.
13 Q. WHAT ABOUT THE REMAINING 15,000?
14 A. IT WAS UPON DELIVERY. SO ONCE I DELIVERED, WHEN I
15 DELIVERED THE VEHICLE TO HIM AT ROSWELL ROAD -- I'M SORRY, AT
16 MY LENOX AVENUE ADDRESS, WE DID IT INSIDE THE PARKING GARAGE.
17 HE BROUGHT THE REMAINING OF THE 15,000 AND TOOK THE VEHICLE.
18 Q. WHERE DID YOU GET THE FIRST 25,000 FROM HIM?
19 A. I RECEIVED IT AT THE HOTEL. THERE'S A HOTEL CALLED THE
20 SWISS HOTEL. IT'S DIAGONALLY ACROSS FROM PHIPPS PLAZA.
21 Q. JUST THERE IN THE PARKING LOT HE HANDED YOU 25,000
22 DOLLARS?
23 A. ACTUALLY IT'S IN THE PARKING DECK OUTSIDE WHERE YOU --
24 THERE'S A VALET PARKING AREA. SO IT WOULD BE, YOU KNOW, IN
25 THAT AREA THERE.

179
1 Q. DID HE JUST HAND YOU THE PHYSICAL CASH OR WAS IT IN
2 SOMETHING?
3 A. YEAH, IT WAS INSIDE A BAG. IT WASN'T PHYSICALLY OUT OF
4 HIS HANDS.
5 Q. AND WHAT WERE THE MONTHLY PAYMENTS ON THE CAR, THIS CAR?
6 A. 2300.
7 Q. AND WHO MADE THOSE PAYMENTS?
8 A. THE VEHICLE DIDN'T GO A LONG TERM, BUT THE FIRST TWO
9 MONTHS HE PAID IT, MR. DANIELS PAID IT.
10 Q. WHY DIDN'T IT GO LONG TERM?
11 A. WELL, THAT VEHICLE IS DESIGNED WITH AN E-GEAR. SO IT'S
12 KIND OF NOT LIKE A STICK SHIFT, YOU KNOW, IT'S A LITTLE MORE
13 SOPHISTICATED OF DRIVING, AND THE TRANSMISSION GOT BURNED OUT,
14 AND HE FELT AS THOUGH THAT THE TRANSMISSION WAS ALREADY BAD TO
15 BEGIN WITH, BUT THE OWNER OF THE VEHICLE SAID THERE WAS NOTHING
16 WRONG WITH THE TRANSMISSION.
17 SO THAT VEHICLE WOUND UP GETTING TOWED AWAY BECAUSE
18 HE CALLED AND SAID THAT THE VEHICLE WON'T DO ANYTHING. SO WE
19 HAD TO SEND A TOW TRUCK TO GO AHEAD AND GET THE VEHICLE, AND IT
20 WENT TO A SHOP THAT WAS IN VEGAS TO DO THE REPAIRS ON THE
21 VEHICLE, AND I HAD TO CREDIT HIM FOR HAVING A CERTAIN AMOUNT OF
22 MONEY IN THE VEHICLE AND I WOUND UP GIVING HIM A DIFFERENT
23 VEHICLE LATER WHICH WAS A BMW X5.
24 Q. OKAY. NOW YOU SAID EARLIER THAT YOU SAW MR. DANIELS
25 PICKING UP DRUGS AT THE -- I BELIEVE IT WAS THE GATE, DID YOU

180
1 SAY?
2 A. CORRECT, THE GATE.
3 Q. NOW, WHAT WAS YOUR UNDERSTANDING OF MR. DANIELS'
4 RELATIONSHIP AT THAT POINT OR HIS OCCUPATION AT THAT POINT?
5 A. THE BMF ORGANIZATION WAS HIS OCCUPATION.
6 Q. DID HE HAVE ANY OTHER ROLE WITHIN BMF?
7 A. WELL, I WOULD SAY HE WAS DEFINITELY RIGHT BELOW, RIGHT
8 BELOW J-BO, SO THIRD IN COMMAND.
9 Q. WHAT MAKES YOU THINK THAT?
10 A. WELL BECAUSE HE DIDN'T TAKE ORDERS, HE GAVE ORDERS.
11 Q. NOW YOU WERE ACTUALLY ARRESTED IN OCTOBER OF 06; IS THAT
12 RIGHT?
13 A. THE 28TH.
14 Q. AND WHERE WERE YOU ARRESTED?
15 A. I WAS ARRESTED IN MARIETTA, IN GEORGIA.
16 Q. AND JUST PRIOR TO THAT HAD YOU HAD AN ALTERCATION OR
17 INCIDENT IN THE AIRPORT?
18 A. YES, I DID.
19 Q. TELL US ABOUT WHAT HAPPENED AT THE AIRPORT?
20 A. WELL, I WAS COMING BACK FROM HAVING A MEETING WITH THE
21 UNDERBOSS OR ASSISTANT TO TERRY FLENORY IN MIAMI.
22 Q. AND WHO IS THIS?
23 A. THIS IS ERIC BIVENS, AND BECAUSE SEE NORMALLY WHAT WE DO
24 AT THE END OF THE MONTH IS WE CAN'T GIVE THE PHYSICAL REPORTS
25 OUT OVER THE PHONE, YOU CAN'T SIT BACK AND SAY OKAY, I PAID
181
1 200,000 DOLLARS IN THIS AND WE PAID 40,000 IN RENTS. SO WHAT
2 WE HAVE --
3 Q. LET ME ASK YOU ABOUT THAT. YOU SAID YOU CAN'T DO THAT
4 OVER THE PHONE. WHY CAN'T YOU DO IT OVER THE PHONE?
5 A. FIRST OF ALL, THAT WAS A MANDATE SET DOWN BY TERRY THAT
6 YOU DON'T TALK ABOUT ANY MONEY OVER THE PHONE BECAUSE WHAT
7 WE'RE DOING IS ILLEGAL, YOU KNOW, IT'S NOT LIKE WE HAVE
8 RECEIPTS TO BE ABLE TO VOUCH FOR WHAT WE'RE DOING.
9 Q. YOU SAID WHAT WE'RE DOING. WHAT DO YOU MEAN BY WHAT
10 YOU'RE DOING?
11 A. ACTUALLY SELLING DRUGS OF QUANTITIES, CARS AND ACTUALLY
12 GETTING THESE HOME UNITS AS WELL.
13 Q. SO TERRY FLENORY BASICALLY SAID WE'RE NOT GOING TO TALK
14 ABOUT ILLEGAL STUFF, THE DRUGS AND CARS OVER THE PHONE?
15 A. OR WE'LL GO TO JAIL.
16 Q. NOW, I'M SORRY, I INTERRUPTED YOU. YOU SAID YOU HAD BEEN
17 STOPPED AT THE AIRPORT AND YOU HAD BEEN DOWN TO SEE MR.
18 BIVENS.
19 WHAT HAPPENED AFTER THAT?
20 A. WELL, AFTER THAT PARTICULAR POINT, I HAD TO PREPARE A
21 REPORT AND SO THEY KNOW THE ACCOUNTABILITY OF WHAT THE MONEY
22 WAS SPENT.
23 BECAUSE WHAT WOULD HAPPEN IS THAT I WOULD NORMALLY
24 RECEIVE ABOUT 30 KILOS FROM ERIC BIVENS FOR TERRY FLENORY AND
25 THAT WOULD BE JUST FOR MATHEMATICAL PURPOSES THAT WOULD BE

182
1 ABOUT 600,000 DOLLARS.
2 ONCE I HAVE SOLD THOSE, ONCE I SOLD THOSE DRUGS, I
3 MAY HAVE 2 OR 300,000 DOLLARS IN JUST BILLS THAT NEED TO GET
4 PAID FOR THE FAMILY. SO I WOULD HAVE TO DEDUCT THAT OUT OF THE
5 MONEY OR I WOULD TAKE THAT OUT OF THE DRUG PROCEEDS TO PAY FOR
6 THESE VARIOUS THINGS.
7 Q. SO THE DRUGS THAT YOU WERE SELLING YOU WOULD TAKE THE CASH
8 FROM THAT TO PAY THE FAMILY'S BILLS?
9 A. RIGHT, AND THEN THE BALANCE WOULD -- THE BALANCE AFTER I
10 TOOK OUT WHAT MY PERCENTAGE WAS FOR SELLING THEM, THE BALANCE
11 WOULD ACTUALLY BE PREPARED TO BE PICKED UP TO BE TAKEN BACK TO
12 CALIFORNIA.
13 Q. SO SAY YOU GOT 200,000 DOLLARS BACK IN DRUG PROCEEDS, THEY
14 HAD 50,000 DOLLARS IN BILLS, SO YOU'RE LEFT WITH 150,000
15 DOLLARS?
16 A. RIGHT.
17 Q. WHAT WAS YOUR PERCENTAGE OF THAT?
18 A. MAYBE 50,000 JUST TO SAY.
19 Q. SO THAT WOULD LEAVE US WITH 100,000 DOLLARS AND THAT'S
20 WHAT WOULD BE PICKED UP AND TAKEN BACK TO THE FAMILY?
21 A. RIGHT.
22 Q. SO HOW DID YOU MAKE THIS REPORTING; HOW DID YOU KEEP TRACK
23 OF THE BALANCE SHEETS OR WHATEVER?
24 A. WELL, WE ACTUALLY IN THE BEGINNING WE KIND OF JOTTED IT
25 DOWN. I WOULD MAKE A NOTATION OR WRITE EVERYTHING DOWN, BUT

183
1 MOST CASES THEY WOULD BE, THEY WOULD BE ON AN EXCEL
2 SPREADSHEET, YOU KNOW, THAT YOU WOULD HAVE.
3 A LOT OF TIMES I WOULD -- BUT THIS PARTICULAR CASE
4 COMING BACK FROM THE AIRPORT WAS SOMETHING THAT HE SAID THAT HE
5 NEEDED TO MEET RIGHT AWAY, SO I HAD TO ACTUALLY HANDWRITE IT
6 AND PUT EVERYTHING TOGETHER.
7 Q. OKAY. I'M GOING TO SHOW YOU WHAT I HAVE MARKED AS
8 GOVERNMENT'S EXHIBIT 11. DO YOU RECOGNIZE THAT?
9 A. YES, I DO.
10 Q. IS THAT YOUR HANDWRITING?
11 A. YES, IT IS.
13 EXHIBIT NUMBER 11 INTO EVIDENCE.
17 Q. WHAT IS THIS GOVERNMENT'S EXHIBIT 11?
18 A. THAT'S JUST A HANDWRITTEN LIST OF DIFFERENT BILLS THAT
19 WERE ACTUALLY PAGES OF DIFFERENT BREAKDOWNS OF WHAT IT WAS.
20 THE ITEMS THAT YOU HAVE THERE --
21 Q. RIGHT HERE?
22 A. YES.
23 Q. WHAT'S THIS?
24 A. THE ITEMS THAT YOU HAVE THERE ARE GOING TO BE -- IT'S
25 CODED ON HOW I HAVE IT FOR THE VEHICLES. LIKE IT SAYS 2 X5'S

184
1 60, THAT'S 60,000 DOLLARS.
2 Q. OKAY. AND IT SAYS WAREHOUSE DONE 67?
3 A. RIGHT.
4 Q. WHAT'S THAT?
5 A. IT MEANS ONE OF THE WAREHOUSES THAT WE WERE BUYING TO HOLD
6 THE VEHICLES AND TO PUT THE COCAINE IN THE CARS AND EVERYTHING
7 ELSE, WE HAD PURCHASED A WAREHOUSE AND THE BALANCE WAS 67,000
8 DOLLARS.
9 Q. NOW, YOU'VE GOT THIS INS OVER HERE. WHAT'S THAT COLUMN?
10 A. THAT'S AUTOMOBILE INSURANCE.
11 Q. WHAT'S THE 300C OVER HERE?
12 A. THAT'S THE 300C CHRYSLER. IT SAYS 10,000 DOLLARS THAT WAS
13 NEEDED TO COMPLETE THAT.
14 Q. AND YOU'VE GOT THE INVESTMENT COLUMN HERE, WHAT'S THIS?
15 A. WELL, THE INVESTMENT COLUMN WOULD BE -- THAT'S ACTUALLY
16 MONEY THAT NEEDED TO BE PUT DOWN. SO THAT'S MONEY THAT YOU
17 HAVE TO INVEST INTO THE BALANCE. LIKE IT WAS 22 INVESTED, 60
18 OF THE TOTAL NEEDED, SO FROM DOING THE FIGURES LIKE THAT I
19 WOULD KNOW THAT 38,000 IS WHAT I HAVE TO PICK UP.
20 Q. OKAY. THAT'S 60 LESS 22 BASICALLY?
21 A. WOULD BE 38.
22 Q. SO YOU'VE GOT 22 AND YOU STILL NEED TO GET TO 38; IS THAT
23 WHAT YOU'RE SAYING?
24 A. I GOT 22, STILL NEEDED TO GET TO 38 WHICH AT THAT
25 PARTICULAR POINT I GOT IT SO I WOULD JUST MARK DONE ON IT.

185
1 Q. NOW, THIS SAYS OLD BALANCE OVER HERE. WHAT IS THIS OVER
2 HERE? LIKE IT'S GOT 43, 364 --
3 A. RIGHT. OLD BALANCE WOULD BE WHERE THINGS WERE LEFT OFF
4 FROM. LIKE I'M GOING TO -- 43,000 WOULD BE THE BALANCE THAT,
5 YOU KNOW, I GUESS WHERE I HAD TO START OFF FROM.
6 IF YOU NOTICE THERE THERE'S A MINUS THERE WHICH MEANS
7 THAT ON LAST SHIPMENT OF DRUGS THEY OWED ME 43,000. SO I HAD
8 TO START THEM OFF FROM THE BEGINNING AND SAY OKAY, I PUT MY
9 MONEY UP, SO 43,000 IS GOING TO COME OFF THE TOP.
10 LET'S SAY IT WAS FOR 200,000. HE'S NOT GOING TO HAVE
11 A CLEAR 200,000 BECAUSE HE HAD A PREVIOUS BALANCE UP ON THE
12 CREDIT CARD, YOU KNOW, PAST DUE BALANCE OR PAST DUE PAYMENT WAS
13 MINUS 43 LEFT OFF FROM THE LAST INVOICE.
14 Q. SO YOU'RE BASICALLY ROLLING OVER THE BALANCE FROM THE LAST
15 TIME?
16 A. RIGHT, SO WE CAN BE BROUGHT UP TO DATE, AND THEN YOU HAVE
17 UNDERNEATH THAT 5,000 DOLLARS IN AIRPLANE FLIGHTS. YOU'RE
18 GOING TO HAVE 37,000 DOLLARS FOR TEXAS HOME AND -- IT'S KIND OF
19 HARD FOR ME TO SEE WHAT IT SAYS IN PARENTHESES.
20 Q. HERE I'LL SHOW YOU THE ORIGINAL.
21 A. ALL RIGHT.
22 Q. IT SAYS 28,000 TX?
23 A. RIGHT, SO THAT WOULD BE ONE LOCATION THAT'S ACTUALLY IN
24 TEXAS THAT WE WERE LOOKING TO BUY. SO THAT WAS THE MONEY THAT
25 WAS PUT DOWN FOR THAT.

186
1 Q. SO IS IT FAIR TO SAY THAT THESE ARE ALL EXPENSES FOR WHAT?
2 A. YEAH, YOU GOT --
3 Q. THE FAMILY OR FOR DIFFERENT THINGS?
4 A. YEAH, FOR THE FAMILY. YOU SEE IT SAYS PHONE BILL FOR
5 TEE'S KIDS A THOUSAND.
6 Q. HERE?
7 A. UH-HUH (AFFIRMATIVE), AND THEN RIGHT BELOW THAT YOU HAVE
8 52,000 THAT WAS FOR THE DAYCARE THAT WE WERE BUYING IN ATLANTA.
9 Q. SO YOU WERE BUYING AN ACTUAL DAYCARE, NOT JUST PAYING FOR
10 THE KIDS THERE?
11 A. NO, WE WAS BUYING A DAYCARE CENTER.
12 Q. NOW IS THIS JUST A CONTINUATION DOWN HERE OF ALL THE
13 EXPENSES UP HERE, THIS WHOLE SIDE RIGHT HERE?
14 A. RIGHT, MOST OF THE DATES ARE ON -- YOU HAVE 10,000 FOR
15 TRAVEL THAT WAS ACTUALLY AIRPLANE FLIGHTS, 10,000 TRAVEL, 4,000
16 TRAVEL, 5,000 TRAVEL YOU HAVE THERE FURTHER UP, AND THEN YOU
17 HAVE IF YOU GET DOWN TOWARDS THE BOTTOM YOU HAVE -- YOU SEE
18 SOME OF THE GUYS' NAMES, THOSE WERE THE WORKERS.
19 Q. RIGHT HERE?
21 Q. NOW, WHAT'S THIS OVER HERE? IT SAYS 745, 30, 3100 AND 17?
22 A. ALL RIGHT. THE 745 IS THE CAR. 30,000 IS WHAT WAS
23 COLLECTED. 3100 IS GOING TO BE THE INSURANCE AND 17,000 IS
24 WHAT NEEDS TO BE COLLECTED.
25 Q. AND YOU'VE GOT FREAK UNDER HERE WITH 5,000 NEXT TO IT?
187
1 A. FREAK OWE 5,000 BECAUSE HE HAD GOTTEN A F-150 HARLEY-
2 DAVIDSON TRUCK EDITION. THAT'S THE BALANCE HE NEEDED.
3 Q. WHO'S FREAK, DO YOU KNOW WHAT HIS REAL NAME IS?
4 A. I DO NOT.
5 Q. WAS HE A MEMBER OF THE BMF?
6 A. YES.
7 Q. WHAT SIDE OF THE BMF WAS HE ON?
8 A. HE WAS A TERRY GUY.
9 Q. AND THEN YOU'VE GOT ILL RIGHT HERE?
10 A. CORRECT.
11 Q. AND 4,000 WITH 1500 AND NEXTEL WRITTEN, WHAT DOES THAT
12 MEAN?
13 A. RIGHT, THE 4,000 WAS FOR WHAT HE OWED BACK ON HIS VEHICLE
14 NOTES THAT WAS ACTUALLY PUT OUT, AND 1500 WAS WHAT HE OWED ON
15 HIS NEXTEL BILLS.
16 Q. AND THIS WAS BASICALLY A BALANCE SHEET FOR ONE MONTH THAT
17 YOU WERE GIVING TO ERIC BIVENS WHICH IS THE TERRY SIDE, RIGHT?
18 A. YEAH, IT HAD BOTH IN THERE BECAUSE I GOT MEECH'S STUFF IN
19 HERE LIKE THE CORVETTE IS MEECH'S.
20 Q. THE CORVETTE FLIGHT IS THAT WHAT YOU'RE TALKING?
21 A. NO, YOU SEE WHERE IT SAYS CORVETTE 30,000.
22 Q. RIGHT HERE?
23 A. YEAH, THAT'S MEECH'S CORVETTE, AND WHERE IT SAYS RIGHT
24 THERE MISCELLANEOUS, IT SAYS WHITE X5 AND WHERE IT SAYS THE
25 BLACK X5, THE BLACK X5 THAT WAS ILL'S X5, AND THEN WE HAVE
188
1 FOOD, TRAVEL AND FLIGHTS.
2 SO IT WAS KIND OF A COMBINED SHEET THAT I WOULD
3 ACTUALLY ONCE AGAIN BREAK DOWN AND SEPARATE IT AGAIN FOR THE
4 TWO FAMILIES.
5 Q. ALL RIGHT, SIR. NOW WERE THE ONE THAT WAS ALWAYS DOING
6 THIS, OR DID YOU HAVE SOMEONE ELSE THAT YOU EVENTUALLY GOT TO
7 DO THIS?
8 A. YEAH, BECAUSE, YOU KNOW, MY WAY I COULD DO IT WHERE NOBODY
9 WOULD UNDERSTAND IT, BUT IT ALSO WORKED -- IT WORKED BACKWARDS
10 NOBODY COULD UNDERSTAND IT. SO IF I TOLD THEM TO GRAB THE
11 SHEET AND TO READ IT OFF TO ME, THEY COULDN'T REALLY EXPLAIN IT
12 TOO WELL.
13 SO I WENT AHEAD AND CONVERTED OVER TO AN EXCEL
14 SPREADSHEET. BECAUSE WHEN I USED TO HAND MY SHEETS IN TO TERRY
15 OR MEECH, THEY WOULD BE LIKE JUST GIVE IT TO ME SIMPLE. SO
16 INSTEAD OF DOING IT CODED THIS WAY, I WENT AHEAD AND JUST GAVE
17 THEM JUST A PLAIN SPREADSHEET.
18 Q. NOW YOU HAVE A BROTHER NAMED KARREAM SHEARD, RIGHT?
19 A. CORRECT.
20 Q. DID YOU EVER GET HIM INVOLVED?
21 A. YEAH, HE NORMALLY DID ALL THE SPREADSHEETS. I WOUND UP
22 GETTING TOO BUSY, SO HE WOUND UP TAKING CARE OF A LOT OF, YOU
23 KNOW, GETTING CARS AND EVERYTHING ELSE FOR THOSE OF THE FAMILY
24 THAT STILL WANTED THEM.
25 Q. I'M GOING TO SHOW YOU GOVERNMENT'S EXHIBIT NUMBER 16-A.

189
1 DO YOU RECOGNIZE THAT?
2 A. YEAH.
3 Q. IS THAT SOMEONE THAT YOU KNOW?
4 A. YES, I DO.
5 Q. HOW DO YOU KNOW THIS INDIVIDUAL?
6 A. WE HAVE THE SAME MOTHER.
7 MS. SCHANSMAN: YOUR HONOR, WE WOULD OFFER
8 GOVERNMENT'S EXHIBIT 16-A INTO EVIDENCE.
12 Q. WHO IS THIS?
13 A. THAT'S KARREAM SHEARD.
14 Q. THAT'S YOUR BROTHER?
16 Q. NOW, IT SAYS HASAN SHEARD HERE; IS THAT HIS REAL NAME?
17 A. IT'S KARREAM HASAN SHEARD. SO HE JUST --
18 Q. DID YOUR BROTHER EVER LIVE IN TENNESSEE?
19 A. NO.
20 Q. IS THIS HIS REAL IDENTIFICATION?
21 A. NO.
22 Q. BUT THAT IS HIS REAL PICTURE?
23 A. YES.
24 Q. NOW, WHEN YOU LOOK AT THIS LEDGER AND YOU MENTIONED THAT
25 THERE WAS AN ILL LISTED ON THERE, I BELIEVE THAT WAS THE 4,000
190
1 DOLLARS AND YOU HAD A CAR PAYMENT ON THIS?
3 Q. WHO IS THAT ILL?
4 A. MR. DANIELS RIGHT THERE.
5 Q. I'M SORRY?
6 A. THAT'S MR. DANIELS RIGHT THERE.
7 Q. SO THAT'S THE DEFENDANT?
9 Q. DO YOU KNOW AN INDIVIDUAL BY NAME OF RALPH SIMMS?
11 Q. HOW DO YOU KNOW HIM?
12 A. I KNOW HIM FROM ACTUALLY BEING OVER AT THE ELEVATOR.
13 Q. AND WHOSE HOUSE WAS THE ELEVATOR?
14 A. THAT WAS MEECH'S AND TERRY'S.
15 Q. WAS IT ALWAYS JUST BOTH THEIR HOUSE?
16 A. YEAH.
17 Q. I'M GOING TO SHOW YOU WHAT'S ALREADY BEEN ADMITTED INTO
18 EVIDENCE -- THERE'S TWO THINGS HERE. I WANT TO KNOW IF YOU
19 KNOW WHO THIS PERSON IS?
20 A. YES, I DO.
21 Q. WHO IS THAT?
22 A. THAT'S FLEMING DANIELS, THAT'S ILL.
23 Q. BUT IT'S A TENNESSEE DRIVER'S LICENSE WITH THE NAME PAUL
24 JACKSON?
25 A. UH-HUH.
191
1 Q. THAT PERSON IN THE PICTURE IS WHO YOU KNOW AS ILL?
2 A. CORRECT.
3 Q. WHAT ABOUT THAT PICTURE, WHO IS THAT PERSON?
4 A. THAT'S ILL. IT'S JUST ANOTHER NAME HE USED TO USE.
5 Q. AND THAT'S UNDER THE NAME SHAMEER MOORE?
6 A. CORRECT.
7 Q. HAVE YOU EVER HEARD HIM USE THAT NAME BEFORE OTHER THAN ON
8 THE DRIVER'S LICENSE?
9 A. YES, CORRECT.
10 Q. WHEN DID HE USE THAT NAME?
11 A. I BELIEVE ACTUALLY KARREAM WAS ACTUALLY DOING SOME SMALLER
12 CARS FOR HIM. I KNOW KARREAM ASKED ME IF HE WANTED TO START TO
13 BUILD CREDIT UP UNDERNEATH THAT NAME. I'M NOT SURE WHETHER HE
14 WENT AHEAD AND DID IT.
15 HE HAD GOTTEN FROM MY BROTHER A COUPLE OF SMALLER
16 CARS, MAYBE TWO OR THREE OF THEM, AND HE ACTUALLY CAME TO ME
17 ABOUT IT, AND I JUST SAID I WAS TIED UP, KARREAM WOULD TAKE
18 CARE OF IT FOR HIM.
19 Q. THE LAST ONE. DO YOU KNOW WHO THIS INDIVIDUAL IS?
20 A. YES, I DO.
21 Q. WHO IS THAT?
22 A. I KNOW HIM BY BLEU DAVINCI.
23 Q. AND IT'S GOT THE NAME JASON ROBINSON. HAVE YOU EVER HEARD
24 HIM USE THAT NAME BEFORE?
25 A. OTHER THAN -- NOT OTHER THAN WHEN WE WENT TO GO --

192
1 Q. DID YOU GO WITH HIM TO GET THIS DRIVER'S LICENSE?
2 A. NO BUT I ACTUALLY, YOU KNOW, CHOREOGRAPHED IT, YOU COULD
3 SAY.
4 Q. TELL US WHAT YOU MEAN BY CHOREOGRAPHED IT?
5 A. JUST BASICALLY SET EVERYTHING UP BECAUSE I WAS THE INITIAL
6 ONE WHO PLACED THE CONTACT WITH A GENTLEMAN BY THE NAME OF
7 TERRY BOWLES DOWN IN TENNESSEE, AND I WOULD LET HIM KNOW HERE'S
8 THE NAMES, HERE'S THE INFORMATION -- HERE'S THE NAMES, HERE'S
9 THE INFORMATION BECAUSE WE WOULD HAVE TO GET THE SOCIAL
10 SECURITY NUMBERS FOR THAT, AND I WOULD GIVE HIM THE INFORMATION
11 AND THEY CAN GET ON THE ROAD AND GO STRAIGHT TO HIM, AND ONCE
12 HE RECEIVED THEM, HE WOULD FINISH IT FROM THERE.
14 EXHIBIT 19-A.
17 MS. SCHANSMAN: THAT'S ALL I HAVE, YOUR HONOR
18 CROSS-EXAMINATION
19 BY MR. O'BRIEN:
20 Q. MR. MARSHALL, LET ME ASK YOU A COUPLE OF QUESTIONS HERE.
21 YOU NEVER GOT ANY DRUGS FROM MR. DANIELS, DID YOU?
22 A. NO.
23 Q. HE NEVER GOT ANY DRUGS FROM YOU?
24 A. NO.
25 Q. AND YOU SAID THAT YOU SAW MR. DANIELS PICK UP DRUGS ONE
193
1 TIME?
2 A. CORRECT.
3 Q. AND YOU SAID IT WAS IN A BAG?
4 A. CORRECT.
5 Q. WHAT KIND OF BAG?
6 A. IT'S JUST A BLACK CANVASS BAG.
7 Q. BLACK WHAT?
8 A. A BLACK CANVASS BAG LIKE A BACK DUFFLE BAG.
9 Q. WAS IT SEALED UP?
10 A. EXCUSE ME?
11 Q. WAS IT ZIPPED UP OR SEALED UP?
12 A. NOT AT THE BEGINNING, NO. WHEN I GOT MINE IT WASN'T.
13 Q. I'M TALKING ABOUT THE ONE THAT YOU SUPPOSEDLY --
14 A. I'LL REPEAT AGAIN NOT AT THE TIME WHEN I GOT MINE IT
15 WASN'T.
16 THE COURT: I DIDN'T UNDERSTAND WHAT YOU SAID. YOU
17 SOMETHING ABOUT WHEN I GOT --
18 THE WITNESS: NOT AT THE TIME WHEN I RECEIVED MINE IT
19 WASN'T ZIPPED UP.
20 THE COURT: YOU'RE SAYING YOURS WAS NOT ZIPPED UP?
21 THE WITNESS: CORRECT, NONE OF THE BAGS WERE ZIPPED
22 UP BECAUSE WE HAVE TO COUNT THEM BEFORE WE TAKE THEM WITH US.
23 BY MR. O'BRIEN:
24 Q. WHEN DID THIS OCCUR, MR. MARSHALL?
25 A. I WOULD SAY THAT WOULD PROBABLY BE THE EARLY PART OF 05.

194
1 Q. WHAT DATE?
2 A. I'M NOT EXACTLY SURE WHAT DATE IT WOULD BE. WHEN I SAY
3 EARLY PART, I WOULD SAY, I WOULD PROBABLY SAY JANUARY,
4 FEBRUARY.
5 Q. OKAY. AND IS THAT THE ONLY TIME YOU SAY -- AS I
6 UNDERSTAND IT THAT'S THE ONLY TIME YOU SAY YOU SAW MR. DANIELS
7 RECEIVE DRUGS?
8 A. CORRECT.
9 Q. ONE TIME; IS THAT CORRECT?
10 A. CORRECT.
11 Q. DO YOU RECALL TESTIFYING IN FRONT OF A FEDERAL GRAND JURY
12 IN MAY 2006?
13 A. WHAT STATE?
14 Q. MICHIGAN?
15 A. CORRECT.
16 Q. AND YOU WERE ASKED ABOUT YOUR INVOLVEMENT AND EVERYBODY
17 ELSE'S INVOLVEMENT IN THE DEAL?
18 A. CORRECT.
19 Q. DID YOU JUST FORGET ABOUT THE INSTANCE WHERE YOU
20 SUPPOSEDLY SAW MR. DANIELS GETTING THE DRUGS BECAUSE I DIDN'T
21 SEE ANYTHING MENTIONED IN YOUR TESTIMONY ABOUT MR. DANIELS
22 GETTING DRUGS IN YOUR GRAND JURY TESTIMONY?
23 A. NO, I DIDN'T FORGET ABOUT ANYTHING. THERE'S PROBABLY 70
24 DEFENDANTS AND THERE'S PROBABLY OUT OF 70 DEFENDANTS THERE'S
25 PROBABLY ABOUT 20 OR 30 OR PROBABLY 40 THAT I PROBABLY DID NOT

195
1 BRING DIRECTLY UP.
2 I THINK THE FOCUS WHILE I WAS IN DETROIT WAS ON
3 DEMETRIUS FLENORY AND ALSO TERRY FLENORY WHO WERE THE FOUNDERS
4 OF THE BMF.
5 Q. DO YOU RECALL BEING INTERVIEWED IN MARCH OF 2006 AT THE
6 FEDERAL COURTHOUSE IN FLORIDA BY FEDERAL AGENTS?
7 A. YES, I DO.
8 Q. I GOT THE NOTES ON THAT, TOO. DID YOU JUST AGAIN DIDN'T
9 BRING --
10 A. THE FLORIDA CASE --
11 Q. LET ME FINISH MY QUESTION, OKAY. DID YOU JUST AGAIN
12 FORGET TO BRING UP THIS INSTANCE WHERE YOU SUPPOSEDLY SAW MR.
13 DANIELS RECEIVING DRUGS BECAUSE I DIDN'T SEE ANYTHING IN THERE
14 EITHER?
15 A. OKAY. WELL, THE FLORIDA CASE WAS BASED ON MYSELF WHICH I
16 EXPLAINED TO THEM THAT THERE WERE SEVERAL HUNDREDS, HUNDREDS
17 AND HUNDREDS OF KILO COCAINE INVOLVED, PLUS ALSO ALL THE
18 MEMBERS INVOLVED IN MY CASE.
19 AND ONCE AGAIN, THE MAIN FOCUS WAS ON THE FOUNDERS OF
20 THE BMF, AND WHEN I SPOKE I SPOKE ABOUT 1700 KILOS BEING DONE
21 BY ME PERSONALLY, AND IT WAS BASICALLY MORE SO THAN THE
22 INDIVIDUAL THAT YOU'RE SPEAKING ABOUT.
23 MR. DANIELS WAS BASICALLY BROKE DOWN AS A WHOLE
24 GLOBAL ORGANIZATION, AND I BELIEVE THAT SOME POINT IN THAT TIME
25 IN ONE OF THOSE DEBRIEFINGS THAT I HAD THAT I BASICALLY GAVE

196
1 HIS ROLE OR WHAT RANKING HE WOULD HAVE FALL UNDER, BUT AS FAR
2 AS GETTING INTO EACH INDIVIDUAL CHARACTERISTIC, I DON'T BELIEVE
3 I SPOKE ANYTHING ABOUT D-SHOCK OR TITO OR ANY OTHER ONES OF
4 THOSE GENTLEMEN, AS WELL.
5 IT WAS JUST THAT WHEN YOU START GOING THROUGH WHAT 70
6 INDIVIDUALS DID, IT PROBABLY WOULD TAKE A COUPLE OF MONTHS JUST
7 TO RUN OVER AND DO ALL THAT. I WASN'T SPECIFICALLY ASKED ABOUT
8 HIM EITHER SO IT DIDN'T BRING IT DIRECTLY TO MIND.
9 Q. WAS THERE ANY DOCUMENTATION THAT WOULD CONFIRM WHAT YOU'RE
10 SAYING THAT YOU HAVE OR ARE AWARE OF THAT WOULD CONFIRM THAT
11 MR. DANIELS RECEIVED COCAINE ON THIS ONE INSTANCE AS YOU
12 SUGGEST?
13 A. YOU SAID IS THERE ANY DOCUMENTATION?
14 Q. YES.
15 A. UNFORTUNATELY IN THE CRIMINAL EMPIRE THERE'S REALLY NO
16 DOCUMENTATION. THAT'S WHAT WE TRY TO STAY AWAY FROM ANY TYPE
17 OF DOCUMENTATION.
18 Q. SO THAT WOULD BE A NO?
19 A. THAT WOULD BE CORRECT.
20 Q. SO BASICALLY WHAT WE GET DOWN TO IS WE HAVE YOUR WORD THAT
21 ON ONE OCCASION YOU SAW MR. DANIELS RECEIVE COCAINE?
23 Q. YOUR WORD, CORRECT?
25 Q. OKAY. WELL, LET ME ASK YOU SOME OTHER THINGS. WITH

197
1 REGARD TO THIS VEHICLE, YOU SAY -- I THINK YOU TESTIFIED ONE
2 TIME THAT MR. DANIELS GAVE YOU A BAG WITH 25,000 DOLLARS IN IT?
3 A. CORRECT.
4 Q. DO YOU HAVE A RECEIPT FOR THAT SOMEWHERE?
5 A. NO, I DON'T HAVE A RECEIPT FOR THAT.
6 Q. WAS ANYBODY WITH YOU?
7 A. AT THE TIME OF HIM PICKING THE VEHICLE UP, YES, THERE WERE
8 SEVERAL.
9 Q. IS THERE A PERSON THAT COULD VERIFY THAT YOU AND MR.
10 DANIELS MET AND THAT HE GAVE YOU 25,000 DOLLARS?
11 A. THERE WAS A PERSON AT THE TIME TO HELP PICK THE VEHICLE UP
12 TO VERIFY THAT HE COMPLETED THE TRANSACTION THE 40,000 DOLLARS
13 WHEN HE GAVE 15,000, YES.
14 Q. AND WHO IS THAT PERSON?
15 A. THERE'S SEVERAL PEOPLE. ONE OF THE INDIVIDUALS --
16 Q. LET ME INTERRUPT YOU. I'M TALKING ABOUT YOUR ALLEGATION
17 THAT YOU MET AT THE LENOX PARKING LOT AND HE GAVE YOU 25,000
18 DOLLARS?
19 A. RIGHT AND THAT PARTICULAR --
20 Q. DID ANYBODY WITNESS THAT --
21 MS. SCHANSMAN: YOUR HONOR, I'M GOING TO OBJECT.
22 HE'S NOT LETTING HIM ANSWER THE QUESTION.
23 MR. O'BRIEN: I'M NOT SURE HE'S RESPONDING TO MY
24 QUESTION.
25 THE COURT: I THINK HE'S TRYING TO. DO YOU REMEMBER

198
1 THE QUESTION?
2 THE WITNESS: I THINK THE QUESTION WAS WAS THAT IS
3 THERE ANYBODY ELSE THAT COULD VERIFY THIS AND THAT'S WHAT I WAS
4 ANSWERING, AND I SAID YES, THERE IS.
5 THE COURT: AND YOU CAN GO AHEAD AND ANSWER THAT
6 QUESTION.
7 THE WITNESS: YOU ASKED ME WHO COULD VERIFY THIS.
8 MR. O'BRIEN: NO, I ASKED WHO WAS WITH YOU, IF
9 ANYBODY.
10 THE COURT: NO, THAT'S A DIFFERENT QUESTION.
11 MR. O'BRIEN: ALL RIGHT.
12 THE COURT: ANSWER THE VERIFIED QUESTION.
13 THE WITNESS: I SAID THERE WERE SEVERAL INDIVIDUALS
14 AT THE TIME WHO WERE THERE WHEN HE RECEIVED THE CAR. ONE OF
15 THE INDIVIDUALS WAS A GENTLEMAN BY THE NAME BRIAN GOTTI.
16 NUMBER 2 WAS MY BROTHER KARREAM. THE THIRD PERSON WOULD BE
17 ANOTHER GENTLEMAN BY THE NAME OF LAMAR FIELDS. ANOTHER PERSON
18 WOULD BE A GENTLEMAN BY THE NAME OF JAMAL MITCHELL.
19 THOSE INDIVIDUALS WERE THERE WHEN HE PICKED UP THE
20 VEHICLE. IT WAS DARK BLUE WITH A BLUE CONVERTIBLE TOP.
21 BY MR. O'BRIEN:
22 Q. MY NEXT QUESTION IS WAS ANYBODY WITH YOU THAT CAN VERIFY
23 THAT MR. DANIELS ACTUALLY GAVE YOU 25,000 DOLLARS; ANYBODY AT
24 THAT TRANSACTION BESIDES YOU AND MR. DANIELS?
25 A. AT THAT PARTICULAR TRANSACTION, NO, JUST ON THE 15,000

199
1 WHEN HE COMPLETED IT TO PICK IT UP.
2 Q. SO WE HAVE YOUR GOOD WORD ON THAT, TOO, THAT THAT'S TRUE?
3 THE COURT: ON WHAT?
4 BY MR. O'BRIEN:
5 Q. THAT MR. DANIELS GAVE YOU 25,000 DOLLARS AT THE LENOX
6 PARKING LOT?
7 A. AND TO REPEAT THE QUESTION -- I MEAN TO REPEAT THE
8 ANSWER. AT THE TIME WHEN -- AT THE TIME WHEN I PICKED UP THE
9 25,000, IT WAS JUST ME THERE, BUT TO ANSWER YOUR QUESTION WITH
10 THE PEOPLE I GAVE YOU, HE BROUGHT BACK THE REMAINDER OF THE
11 15,000 DOLLARS AND TOOK THAT VEHICLE AWAY WITH HIM ALL THOSE
12 INDIVIDUAL WERE THERE.
13 Q. MR. MARSHALL, DID YOU SAY THAT -- I THINK YOU SAID IT WAS
14 YOUR ANALYSIS THAT MR. DANIELS WAS THIRD IN CHARGE; IS THAT
15 WHAT YOU SAID?
17 Q. DID YOU FORGET TO TELL THE GRAND JURY THAT, TOO; DID THAT
18 JUST SLIP YOUR MIND?
19 A. I DON'T BELIEVE I WAS ASKED, BUT IF I WAS ASKED NOTHING
20 WOULD HAVE SLIPPED MY MIND.
21 Q. AND DID YOU FORGET TO TELL THE AGENT THAT WHEN YOU WERE
22 DEBRIEFED IN FLORIDA THAT IT WAS YOUR PERCEPTION THAT MR.
23 DANIELS WAS THE THIRD IN CHARGE OF THIS ORGANIZATION?
24 A. I REMEMBER TELLING THE AGENTS IF NOT IN FLORIDA, THEN IT
25 HAD TO HAVE BEEN IN DETROIT.

200
1 Q. BUT YOU NEVER SAID THAT IN FRONT OF THE GRAND JURY, DID
2 YOU, IN YOUR 62 PAGES OF TESTIMONY?
3 A. IF I WAS NOT ASKED PROBABLY I DID NOT.
4 Q. YOU DID NOT FEEL THAT WAS IMPORTANT?
5 A. WELL, I NORMALLY ANSWER THE QUESTIONS. I TRY TO BRING TO
6 MIND AS MUCH AS I CAN, BUT IT'S A LOT OF THINGS.
7 Q. MR. MARSHALL, DID YOU SAY THAT YOU WERE INVESTING MONEY,
8 COCAINE MONEY INTO A DAYCARE CENTER?
9 A. CORRECT.
10 Q. IS THERE A BIG PROFIT IN DAYCARE CENTERS?
11 A. WELL, IT'S NOT ABOUT WHETHER THERE'S A BIG PROFIT. ANY
12 PROFIT OF TURNING BLACK MONEY INTO CLEAN MONEY IS SUBSTANTIAL,
13 AND IN THAT DAYCARE IT'S WORTH GENERATING 15, 20, 30,000 A
14 MONTH.
15 Q. WAS THAT YOUR IDEA?
16 A. MOST OF THEM.
17 Q. DO YOU HAVE CHILDREN IN THAT DAYCARE?
18 A. NO, I HAVE 12 CHILDREN. I DON'T HAVE ANY AT THE DAYCARE
19 THOUGH, AND I THINK YOU PAY A DOLLAR A MINUTE IF YOU'RE LATE,
20 SOMETHING OUTRAGEOUS.
21 Q. LET ME ASK YOU IN CONNECTION WITH YOUR GRAND JURY
22 TESTIMONY, DO YOU RECALL TESTIFYING IN FRONT OF THE FEDERAL
23 GRAND JURY I THINK YOU SAID IN MICHIGAN ON MAY 10TH OF 2006; IS
24 THAT CORRECT?
25 A. I DON'T HAVE THE EXACT DATE IN FRONT OF ME, BUT IT SOUNDS

201
1 ABOUT RIGHT.
2 Q. AND YOU WERE ASKED ABOUT COUNTING MONEY AND THINGS SUCH AS
3 THAT AND --
4 MS. SCHANSMAN: YOUR HONOR, I'M GOING TO OBJECT. IF
5 HE'S GOING TO BE PULLING OUT PARTS I THINK THE APPROPRIATE
6 THING TO DO IF HE WANTS TO CROSS-EXAMINE ON THE TRANSCRIPT IS
7 HE SHOULD PROVIDE HIM WITH A COPY OF THE TRANSCRIPT AND ASK HIM
8 ABOUT SPECIFIC INSTANCES WITHIN THE TRANSCRIPT.
9 THE COURT: I NEED TO HEAR THE QUESTION FIRST, AND I
10 NEED TO BE ABLE TO FIGURE OUT FOR WHAT PURPOSE YOU'RE ASKING
11 THE QUESTIONS.
12 MR. O'BRIEN: OKAY. I'LL ASK HIM THIS QUESTION.
13 BY MR. O'BRIEN:
14 Q. I'LL ASK YOU, MR. MARSHALL, DO YOU RECALL BEING ASKED
15 ABOUT AN INCIDENT IN LATE 2000 --
16 THE COURT: WAIT JUST A MINUTE. IS THIS
17 IMPEACHMENT?
18 MR. O'BRIEN: NOT NECESSARILY, MA'AM, NOT
19 NECESSARILY -- I GUESS IT COULD BE IN THE NATURE OF
20 IMPEACHMENT.
21 THE COURT: I MEAN JUST TO ASK STRAIGHT OUT QUESTIONS
22 YOU DON'T NEED THAT TRANSCRIPT.
23 MR. O'BRIEN: I UNDERSTAND.
24 THE COURT: YOU SHOULD ASK THE QUESTION FIRST, SEE IF
25 HE CAN ANSWER IT AND IF HE CAN'T, YOU CAN PRESENT WHAT'S IN

202
1 THAT.
2 BY MR. O'BRIEN:
3 Q. MR. MARSHALL, DO YOU RECALL IN LATE 2003 BEING AT A
4 LOCATION 6086 BELLAIRE LAKE ROAD IN LITHONIA, GEORGIA AND
5 OBSERVING AN AMOUNT OF MONEY BEING COUNTED IN EXCESS OF 2
6 MILLION DOLLARS?
7 A. CORRECT.
8 Q. AND CAN YOU TELL -- AND THAT WAS HERE IN GEORGIA, IN
9 ATLANTA?
10 A. CORRECT, ON EVANS MILL.
11 Q. WHO WAS PRESENT WHEN THIS AMOUNT OF MONEY WAS BEING
12 COUNTED -- NOW THAT'S A SIGNIFICANT AMOUNT OF MONEY, ISN'T IT,
13 2 MILLION DOLLARS?
14 A. YEAH.
15 Q. AND IS THIS PART OF THE CREW'S MONEY, THE ORGANIZATION'S
16 MONEY?
17 A. TERRY FLENORY'S.
18 Q. WHO WAS PRESENT WHEN THAT MONEY WAS BEING COUNTED, SIR?
19 A. TERRY FLENORY WAS THERE, AND ALSO THERE'S ANOTHER
20 GENTLEMAN BY THE NAME OF FREAK. ERIC BIVENS, YOU KNOW, THOSE
21 WOULD BE SOME THE ONES THAT WOULD COME DIRECTLY TO MIND.
22 Q. WAS MR. DANIELS THERE?
23 A. NO, I DON'T REMEMBER MR. DANIELS BEING THERE.
24 Q. IN FACT YOU TOLD THE GRAND JURY HE WAS NOT THERE; DO YOU
25 RECALL THAT?
203
1 THE COURT: THAT'S REALLY NOT A PROPER QUESTION.
2 MR. O'BRIEN: ALL RIGHT.
3 THE COURT: THE QUESTION IS NOT WHAT DID HE TELL THE
4 GRAND JURY BUT WHAT ARE THE FACTS.
5 BY MR. O'BRIEN:
6 Q. THE FACT IS MR. DANIELS WAS NOT THERE; ISN'T THAT CORRECT?
7 A. YEAH, HE'S NOT ON THAT SIDE OF THE ORGANIZATION. HE WOULD
8 BE ON DEMETRIUS. THAT WAS TERRY'S SIDE OF THE ORGANIZATION.
9 Q. LET ME ASK YOU SOME OTHER THINGS PLEASE, SIR. YOU
10 TESTIFIED -- EXCUSE ME.
11 LET ME ASK IT ANOTHER WAY, MR. MARSHALL. DO YOU
12 RECALL IN AUGUST OF 2004 THAT -- DO YOU RECALL SOME SHOOTING OF
13 SOME SORT OF VIDEO WITH YOUNG JEEZY THAT OCCURRED IN AUGUST OF
14 2004, MR. MARSHALL?
15 A. I'M NOT REALLY SURE. I'D HAVE TO LISTEN MORE TO WHAT
16 YOU'RE SAYING.
17 Q. WELL, DO YOU KNOW WHO YOUNG JEEZY IS?
18 A. YES, SIR.
19 Q. AND WHO IS YOUNG JEEZY?
20 A. HE'S A RAPPER.
21 Q. DO YOU RECALL BEING PRESENT WHEN YOUNG JEEZY WAS ACTUALLY
22 MAKING SOME SORT OF VIDEO?
23 A. YEAH.
24 Q. AND WHEN WAS THAT, SIR, AND WHERE WAS THAT IF YOU RECALL?
25 A. IT WAS IN ATLANTA. I REMEMBER IT BEING DOWN IN A PARKING

204
1 LOT OR LIKE -- YEAH, KIND OF LIKE THEY HAD A PLACE THAT DID
2 UPHOLSTERY, INTERIORS OF OLD SCHOOL CARPETS OR SOMETHING THERE.
3 Q. DO YOU RECALL MR. FLENORY EVER BEING INVOLVED IN
4 PURCHASING A MUSIC BUSINESS?
5 A. INVOLVED IN PURCHASING A MUSIC BUSINESS?
6 Q. YES, SIR. HE WAS BUYING A MUSIC BUSINESS?
7 THE COURT: WHICH FLENORY ARE YOU REFERRING TO?
8 BY MR. O'BRIEN:
9 Q. WELL, I THINK MR. TERRY FLENORY, R&B MUSIC BUSINESS?
10 A. YEAH, THEY HAD -- THEY GOT INVOLVED WITH THAT. HE WOUND
11 UP SIGNING -- THEY WOUND UP BEING PART OF DOING A NEW ALBUM FOR
12 A GENTLEMAN BY THE NAME OF TANK.
13 Q. MR. MARSHALL, DO YOU EVER RECALL SEEING PHOTOGRAPHS OF
14 EITHER OF THE FLENORYS WITH SEAN PUFFY COMBS?
15 A. I THINK TERRY SHOWED ME ONE PICTURE WAY BACK WHEN THEY
16 WERE SUPPOSED TO HAVE WENT TO MOROCCO.
17 Q. WHO IS SEAN PUFFY COMBS?
18 A. HE'S A MUSIC GUY.
19 Q. ARE YOU FAMILIAR WITH THE NAME CHRIS GOTTI?
20 A. YEAH.
21 Q. WHO, IF ANY, ASSOCIATION OR AFFILIATION DID MR. GOTTI HAVE
22 WITH YOU OR ANYBODY ELSE THAT YOU'VE TESTIFIED TO HERE ABOUT
23 TODAY?
24 A. I HAVE NO IDEA.
25 Q. DO YOU KNOW WHO HE IS?

205
1 A. YEAH.
2 Q. WHO IS HE?
3 A. HE'S PART OF THE MUSIC GROUP THAT HAD THAT BIG INDICTMENT
4 CASE THAT THEY HAD IN NEW YORK.
5 Q. WAS HE A RAPPER, DO YOU KNOW?
6 A. NO.
7 Q. YOU DON'T KNOW?
8 A. NO, HE'S NOT.
9 Q. MR. MARSHALL, LET ME ASK YOU SOME THINGS ABOUT SOME OF THE
10 ACTIVITIES THAT YOU PARTICIPATED IN.
11 DID I UNDERSTAND YOU TO SAY THAT YOU WERE INVOLVED IN
12 STRAW PURCHASES OF AUTOMOBILES FOR A NUMBER OF PEOPLE?
13 A. CORRECT.
14 Q. AND WHEN YOU SAY STRAW PURCHASES, YOU MEAN THAT YOU WERE
15 ACTUALLY PREPARING FAKE PAPERWORK AND PRESENTING IT TO AUTO
16 DEALERS, LEASING AGENCIES AND CAR DEALERSHIPS; IS THAT WHAT YOU
17 WERE DOING?
18 A. I'LL GIVE IT TO YOU SIMPLER. THE VEHICLE WOULD BE IN THE
19 NAME OF THIS GENTLEMAN HERE BECAUSE HE HAS THE CREDIT BUT HE
20 MAY MAKE 20, 20 OR 38,000 DOLLARS A YEAR. THE VEHICLE MAY COST
21 110,000. SO THE WAY THE BANKS FIGURE THAT IS YOU HAVE TO BE
22 ABLE TO AT LEAST BRING HOME MONTHLY THREE TIMES THE AMOUNT OF
23 THE CAR NOTE.
24 NOW, THE CAR NOTE PROBABLY WOULD BE 15,000 DOLLARS.
25 SO YOU WOULD HAVE TO BRING HOME NET MONEY 45,000 DOLLARS WHICH
206
1 IS, YOU KNOW, ROUGHLY GOING TO PUT YOU SOMEWHERE AROUND A
2 SALARY OF 75 TO 80,000.
3 SO AT THAT PARTICULAR POINT IN ORDER FOR -- I WAS
4 DOING THE CARS FOR DRUG DEALERS WHO WERE DRIVING THE VEHICLES
5 WHO COULD AFFORD THE NOTE. IN ORDER FOR ME TO MAKE IT GO
6 THROUGH THE BANK, I HAD TO GIVE THAT PERSON A FICTITIOUS JOB.
7 A REAL PERSON, FICTITIOUS JOB.
8 THE STRAW COMES IN IS THAT THE CAR IS NOT FOR THEM.
9 THAT'S THE STRAW PART. THE STRAW PART IS THE CAR IS FOR
10 SOMEONE ELSE. THE BANK AND WIRE FRAUD COMES IN DOING THE
11 APPLICATION FALSELY.
12 Q. SO IT SOUNDS TO ME LIKE, MR. MARSHALL, WHAT YOU WERE DOING
13 IS YOU WERE SIMPLY MANUFACTURING BOGUS RECORDS AND PRESENTING
14 THEM TO THE BANKS SO PEOPLE COULD GET CARS?
15 A. CORRECT.
16 Q. AND HOW MANY TIMES DID YOU PRESENT THESE FALSE RECORDS,
17 MAKE UP THESE RECORDS AND PRESENT THEM TO BANKS?
18 A. OUT OF 224 CARS PROBABLY ABOUT 200 OF THEM WERE.
19 Q. AND YOU WERE MAKING UP THESE FALSE RECORDS AND PRESENTING
20 THEM TO LEGITIMATE FINANCIAL INSTITUTIONS AND CAR DEALERSHIPS?
22 Q. WERE YOU SIGNING THEM, MR. MARSHALL, WERE YOU SIGNING THEM
23 UNDER OATH AS IF THEY WERE TRUE AND CORRECT?
24 A. NO, ONCE AGAIN, THERE WAS A PHYSICAL PERSON WHO THE CAR
25 WAS IN THEIR NAME. SO THEY WOULD SIGN THEIR OWN NAME. THEN
207
1 THAT'S THE STRAW PART THAT WE SPOKE ABOUT.
2 THE BANK AND WIRE FRAUD COMES IN IS THAT THE JOB WAS
3 MADE UP, BUT IT WAS AN ACTUAL PHYSICAL PERSON WHO WOULD SIGN
4 THEIR OWN I HEREBY CERTIFY THIS AND TENDER THEIR OWN DRIVER'S
5 LICENSE AND THEIR OWN UTILITY BILLS AND THOSE THINGS.
6 Q. MR. MARSHALL, FOR HOW LONG A PERIOD OF TIME DID YOU
7 PERPETRATE FRAUD ON BANKS?
8 A. LET'S SEE, I GUESS FROM 2002 TO 2005.
9 Q. AND, MR. MARSHALL, HOW MANY LEGITIMATE FINANCIAL
10 INSTITUTIONS DID YOU DEFRAUD?
11 A. I THINK I HAVE A FIGURE IN MIND OF 2.8 MILLION DOLLARS.
12 Q. HOW MANY INSTITUTIONS DID YOU DEFRAUD?
13 A. I'M NOT EXACTLY SURE HOW MANY BANKS THERE WERE BUT FORD,
14 GENERAL MOTORS, THAT SORT OF THING.
15 Q. TOO MANY TO COUNT?
16 A. NO, I SAID I DON'T GIVE THE EXACT NUMBER. I GAVE YOU THE
17 EXACT AMOUNT.
18 Q. LET ME ASK YOU DID YOU SAY YOU WERE BASICALLY DOING THE
19 SAME THING WITH REGARD TO REAL ESTATE TRANSACTIONS?
20 A. THIS IS CORRECT FOR THE HOUSES.
21 Q. NOW REAL ESTATE TRANSACTIONS, UNLESS I'M MISTAKEN,
22 REQUIRES CONSIDERABLY MORE PAPERWORK TO PURCHASE OR LEASE; IS
23 THAT CORRECT, MR. MARSHALL?
24 A. IN SOME FORMS IF YOUR CREDIT SCORE IS HIGH ENOUGH, IF YOU
25 HAVE A 730 BEACON OR HIGHER, AND IN THE CASE THAT WE'RE

208
1 SPEAKING ABOUT FOR THESE HOUSES, DEMETRIUS FLENORY WOULD PUT
2 DOWN 300,000 DOLLARS, 150,000. YOU WOULD GO WITH WHAT THEY
3 CALL A NO DOC LOAN. SO YOU WOULDN'T HAVE TO PRESENT ANY
4 DOCUMENTATION.
5 Q. WERE YOU THE MAN THAT WAS PREPARING WHATEVER PAPERWORK WAS
6 NECESSARY TO SECURE LEASES AND/OR DEEDS ON THE VARIOUS
7 PROPERTIES THAT YOU TESTIFIED TO TODAY, MR. MARSHALL?
8 A. WHAT DO YOU MEAN BY DEEDS?
9 Q. PAPERWORK, PAPERWORK TO EITHER GET A LEASE OR PURCHASE A
10 HOUSE?
11 A. ONCE AGAIN, IF YOU HAVE A CERTAIN BEACON SCORE AND IF YOU
12 HAVE A CERTAIN AMOUNT OF CRITERIA MONEY DOWN WHICH WE DIDN'T
13 HAVE A PROBLEM WITH THERE'S A NO DOCUMENTATION LOAN.
14 Q. MR. MARSHALL, LET ME ASK YOU THIS. WERE YOU AIDING AND
15 ASSISTING PEOPLE IN PREPARING FRAUDULENT DOCUMENTS SO THEY
16 COULD EITHER PURCHASE OR LEASE HOUSES?
17 A. WITH THE VEHICLES KIND OF YES. WITH THE HOUSES IT WAS
18 MORE OR LESS MOST OF THE HOUSES WERE NO DOCUMENTATION LOANS
19 AGAIN.
20 Q. DID YOU EVER SIGN ANY DOCUMENTS IN CONNECTION WITH THIS
21 REAL ESTATE THAT HAD TO BE SIGNED UNDER PENALTY OF PERJURY, MR.
22 MARSHALL?
23 A. NEVER. BECAUSE THE ACTUAL PEOPLE WERE REAL PEOPLE. THERE
24 WASN'T IDENTITY THEFT. THERE WASN'T ANYTHING. THEY WERE REAL
25 PHYSICAL, FLESH AND BLOOD PEOPLE WHO COULD SIGN THEIR OWN NAME
209
1 AND TENDER THEIR OWN DRIVER'S LICENSE OR THEIR OWN
2 IDENTIFICATION.
3 Q. BUT THOSE WEREN'T WHO YOU WERE REALLY PURCHASING PROPERTY
4 FOR, WERE THEY?
5 A. NO, THEY WERE FOR THE BMF FAMILY.
6 Q. OKAY. AND YOU WERE THE ONE THAT PREPARED THE PAPERWORK OR
7 DID WHATEVER WAS NECESSARY TO PERPETRATE THESE FRAUDS ALSO; IS
8 THAT RIGHT, MR. MARSHALL?
9 A. PREPARE THE PAPERWORK?
10 Q. OR DID WHATEVER WAS NECESSARY TO PERPETRATE THE --
11 A. I ORGANIZED THAT IF THAT'S WHAT YOU'RE LOOKING FOR.
12 Q. OKAY. ALL RIGHT.
13 MR. MARSHALL, BY THE WAY, IN CONNECTION WITH HOUSES,
14 DO YOU RECALL ARRANGING FOR THE LEASE OF A HOUSE, I THINK IT
15 WAS IN FLORIDA FOR ONE OF -- FOR SOMEBODY, ONE OF THE FLENORYS
16 THAT HAD A 4 MILLION DOLLAR RECORDING STUDIO IN IT?
17 A. CORRECT.
18 Q. WHAT WAS THAT ALL ABOUT?
19 A. WELL, HE HAD A --
20 Q. HE BEING WHO?
21 A. TERRY FLENORY -- I'M SORRY, DEMETRIUS FLENORY. WHAT
22 HAPPENED WAS AT THAT PARTICULAR TIME THERE WAS A LOT OF
23 APARTMENTS IN ATLANTA THAT ACTUALLY STARTED TO GET KICKED IN
24 AND THERE WAS A LOT OF HEAT BEING BROUGHT DOWN AMONGST THE
25 FAMILY. SO DEMETRIUS FELT AS THOUGH HE COULD ACCOMPLISH A

210
1 COUPLE OF THINGS.
2 NUMBER 1, GET EVERYONE OUT OF ATLANTA AND KIND OF LET
3 GEORGIA COOL DOWN A LITTLE BIT, AND AT THE SAME TIME HE WAS
4 TRYING TO REALLY LAUNCH WITH BLEU DAVINCI HE WAS TRYING TO
5 LAUNCH THIS MUSIC INDUSTRY.
6 SO HE HAD ABOUT 20 PEOPLE OR SO STAYING IN HOTELS,
7 AND IF YOU WERE TO DO THE NUMBERS THE WAY WE FIGURED IT OUT IF
8 EACH HOTEL WAS A HUNDRED DOLLARS A NIGHT, YOU WOULD RUN
9 YOURSELF CLOSE TO BY THE END OF THE WEEK FOR ALL THESE 20
10 INDIVIDUALS, YOU'D RUN YOURSELF OVER A HUNDRED THOUSAND DOLLARS
11 BY THE END OF THE MONTH WHICH HE WOUND UP PAYING FOR MAYBE ONE
12 OR TWO MONTHS.
13 SO WHEN WE FOUND THIS PLACE WITH THE 4 MILLION DOLLAR
14 RECORDING STUDIO, I HEARD IT WAS ABOUT TWO MILLION, BUT WE
15 WOUND UP STRIKING A DEAL FOR 50,000 A MONTH. SO HE PAID 50,000
16 A MONTH FOR THIS HOUSE FOR FIVE OR SIX MONTHS.
17 Q. SO ESSENTIALLY THE STUDIO WAS USED TO PROMOTE OR TO LAUNCH
18 BLEU DAVINCI'S CAREER, CORRECT?
19 A. NO.
20 Q. IS THAT WHAT THE PLAN WAS?
21 A. NO.
22 Q. WHY WAS IT NECESSARY THAT THERE BE A STUDIO CONNECTED TO
23 THIS HOUSE?
24 A. WELL BECAUSE WHAT HAPPENS IS THAT HE'S ABLE TO KEEP
25 EVERYONE INDOORS. BECAUSE, SEE, IT DRAWS TOO MUCH ATTENTION

211
1 WHEN YOU HAVE 20 PEOPLE ALL COMING IN THE HOUSE AT TWO O'CLOCK
2 IN THE MORNING AND VARIOUS HOURS.
3 SO IF YOU COULD HAVE LIVING QUARTERS FOR EVERYONE
4 BECAUSE I THINK THE HOUSE HAD TEN OR ELEVEN BEDROOMS, THEY
5 COULD LIVE THERE. THEY COULD DO THEIR MUSIC. THEY COULD PLAY
6 NINTENDO. THEY COULD SWIM IN THE POOL AND THEY WOULDN'T BE ALL
7 OVER THE PLACE.
8 Q. HAVE YOU EVER SEEN THE STUDIO?
9 A. DID I SEE THE STUDIO? NO.
10 Q. YOU NEVER SAW THE RECORDING STUDIO?
11 A. HAVE I SEEN A RECORDING STUDIO?
12 Q. NO, NO. DID YOU EVER SEE THE RECORDING STUDIO THAT IS
13 PART OF THIS HOUSE THAT WAS LEASED IN MIAMI?
14 A. NO.
15 Q. WAS IT MIAMI?
16 A. YES.
17 Q. NOW LET ME ASK YOU A LITTLE BIT ABOUT YOUR BACKGROUND.
18 YOU HAVE A CRIMINAL RECORD, DON'T YOU, MR. MARSHALL?
20 Q. AND LET ME SORT OF GO OVER IT HERE AND SEE IF I'VE GOT IT
21 CORRECT.
22 YOU HAVE A NUMBER OF CONVICTIONS FOR DRUNK DRIVING
23 AND DRIVING UNDER THE INFLUENCE OF DRUGS?
24 A. DUI'S, YEAH.
25 Q. DO YOU HAVE A SUBSTANCE ABUSE PROBLEM?

212
1 A. NO.
2 Q. DO YOU USE DRUGS?
3 A. NO.
4 Q. WERE YOU USING DRUGS DURING THE TIME THAT YOU CONTEND YOU
5 WERE DOING ALL THESE RECORDS AND PARTICIPATING IN THESE OTHER
6 ACTIVITIES?
7 A. DRINKING, YOU KNOW, WE USED TO ALWAYS BE TOGETHER DRINKING
8 AFTER WE'D FINISH, YOU KNOW, WORK DURING THE DAY.
9 Q. DO YOU RECALL TESTIFYING UNDER OATH THAT YOU WERE USING
10 ECSTACY ON A REGULAR BASIS?
11 A. CORRECT.
12 Q. THAT'S A DRUG, ISN'T IT?
13 A. YEAH, THAT'S A YEAH.
14 Q. AND YOU WERE SMOKING MARIJUANA ON A REGULAR BASIS?
16 Q. WERE YOU ALSO USING COCAINE, MR. MARSHALL?
17 A. ONCE OR TWICE THAT WAS BACK IN 97, 98.
18 Q. ALL RIGHT. YOU HAVE A CONVICTION IN 1997 FOR THEFT BY
19 RECEIVING STOLEN PROPERTY; DO YOU NOT, MR. MARSHALL?
20 A. CORRECT.
21 Q. WHAT'S THAT ALL ABOUT?
22 A. I WAS LIVING IN NEW JERSEY AT THE TIME, AND I WOUND UP
23 BUYING A CAR BACK FROM A GENTLEMAN WHO SAID THAT HE HAD JUST
24 ACQUIRED IT AND HE HAD GIVEN ME A FAKE TITLE AND I PAID HIM
25 6500 DOLLARS AND GOT STUCK WITH THAT.

213
1 Q. JUST A MISUNDERSTANDING AND YOU GOT ARRESTED AND
2 CONVICTED?
3 A. WELL, IT WAS A MISUNDERSTANDING. I GOT DUPED ON THAT ONE.
4 Q. YOU GOT CONVICTED OF CARRYING A CONCEALED WEAPON?
5 A. CONVICTED OF CARRYING A CONCEALED WEAPON? WHEN WAS THIS?
6 Q. WELL IN 1998 IN ATLANTA, GEORGIA.
7 A. NO, I HAVE NO CARRYING A CONCEALED WEAPON CONVICTIONS.
8 Q. ARE YOU WILLIAM MARSHALL?
9 A. YEAH BUT I DON'T HAVE ANY CARRYING A CONCEALED WEAPON
10 CONVICTIONS.
11 Q. ALL RIGHT. DEKALB COUNTY SIMPLE BATTERY, REMEMBER THAT
12 ONE?
13 A. YEAH, THAT WAS A MISDEMEANOR THAT I CAUGHT.
14 Q. DEKALB COUNTY IN 2000 IMPERSONATING A PUBLIC OFFICER
15 EMPLOYEE; REMEMBER THAT ONE, MR. MARSHALL?
16 A. YES, I WAS WORKING FOR A CAR DEALERSHIP, AND I CALLED --
17 THE OWNER HAD ME CALL THE CUSTOMER WHO GAVE US -- I WAS THE
18 SALES MANAGER, AND I CALLED THE CUSTOMER LETTING HIM KNOW THAT
19 THEY GAVE US A FAKE DRIVER'S LICENSE, FAKE CHECK AND WE NEED
20 THE VEHICLE BACK.
21 BUT THE THING THAT I DID AT THE POINT WAS I SAID THAT
22 I'M CALLING FOR STONE MOUNTAIN CHEVROLET, THIS IS SERGEANT
23 WASHINGTON CALLING FROM DEKALB RECOVERY.
24 SO THEY BROUGHT THE VEHICLE BACK, BUT WHAT HAPPENED
25 WAS THAT THE PERSON WHO "FRAUDULATED" THE DEALERSHIP AT THE

214
1 TIME, HER UNCLE WAS THE CHIEF OF POLICE FOR EAST POINT. SO
2 THEY TAUGHT ME A LESSON ON THAT ONE.
3 Q. SO YOU IMPERSONATED A POLICE OFFICER?
4 A. WELL, I SAID I'M SERGEANT WASHINGTON FROM DEKALB RECOVERY,
5 AND WHAT HAPPENED WAS THEY SAID LOOK, YOU SIGN HERE AND YOU
6 JUST GET PROBATION AND WE'LL GIVE YOU A SLAP ON THE WRIST AND
7 GO ON ABOUT YOUR BUSINESS, AND AT THE TIME I GOT SEVEN, EIGHT
8 KIDS, I'M WORKING A LEGIT JOB AT STONE MOUNTAIN CHEVROLET. SO
9 I SIGNED THE PAPER AND WENT ON ABOUT MY BUSINESS, BUT THAT'S
10 HOW THAT WENT.
11 Q. 2001 IN DEKALB COUNTY GIVING FALSE NAME, ADDRESS AND BIRTH
12 DATE TO LAW ENFORCEMENT OFFICER; DO YOU REMEMBER THAT ONE?
13 A. THAT WAS ALL WITH THE SERGEANT WASHINGTON OR WHOEVER I
14 SAID I WAS AT THE TIME, YEAH.
15 Q. SEPTEMBER 2003 IN ATLANTA TRAFFICKING IN COCAINE, ILLEGAL
16 DRUGS AND MARIJUANA; DO YOU REMEMBER THAT ONE?
17 A. I THINK THAT CASE WAS DISMISSED BECAUSE IT WAS A HOME
18 INVASION AT THE TIME.
19 MS. SCHANSMAN: YOUR HONOR, I'M GOING TO OBJECT.
20 THIS IS IMPROPER. HE SHOULD BE USING CERTIFIED COPIES OF
21 CONVICTIONS. HE CAN'T READ FROM A DOCUMENT. WE DON'T EVEN
22 KNOW WHAT THE DOCUMENT IS.
23 THE COURT: THE OBJECTION IS SUSTAINED.
24 BY MR. O'BRIEN:
25 Q. MR. MARSHALL, YOU HAVE FELONY CONVICTIONS FOR FORGERY; DO

215
1 YOU NOT, SIR, FULTON COUNTY 2005?
2 A. NO, I DON'T HAVE A CONVICTION FOR FORGERY IN FULTON COUNTY
3 FOR 2005, NO. NONE OF THESE THINGS YOU'VE MENTIONED HAVE BEEN
4 ANY CONVICTIONS.
5 THE COURT: WOULD YOU COME UP TO THE BENCH FOR JUST A
6 MOMENT, BOTH SIDES.
7 (AT THE BENCH)
8 THE COURT: I THINK WHAT YOU'RE PROBABLY DOING IS
9 READING THROUGH A SHEET THAT CONTAINS STUFF THAT MAY HAVE BEEN
10 CHARGED BUT NOT NECESSARILY THAT HE WAS CONVICTED OF AND THAT'S
11 NOT FAIR PLAY.
12 MR. O'BRIEN: THAT MAY BE. THESE THINGS ARE ALMOST
13 IMPOSSIBLE TO READ SOMETIMES BECAUSE A LOT OF THEM DON'T
14 HAVE -- I CAN'T SEE WHAT THE DISPOSITION IS.
15 THE COURT: SOMETIMES IT IS HARD TO TELL I WILL HAVE
16 TO SAY AT A GLANCE.
18 (IN OPEN COURT)
19 BY MR. O'BRIEN:
20 Q. MR. MARSHALL, LET ME ASK YOU SOMETHING ELSE NOW ABOUT THE
21 DEAL, YOUR DEAL HERE, OKAY, THE REASON WHY YOU'RE HERE TODAY.
22 NOW HOW MANY CASES DID YOU HAVE PENDING AGAINST YOU
23 BEFORE YOU CUT SOME SORT OF DEAL WITH THE GOVERNMENT? HOW MANY
24 CASES DID YOU HAVE PENDING AGAINST YOU?
25 A. I HAD TWO CASES. THEY WERE BOTH FOR MONEY LAUNDERING AND
216
1 THAT SORT OF THING.
2 Q. AND YOU HAD CASES IN ORLANDO AND YOU HAD CASES IN ATLANTA;
3 IS THAT CORRECT?
4 A. THAT'S THE TWO CASES.
5 Q. AND AS PART OF THE PLEA DEAL NOT ONLY DID YOU -- IS THERE
6 SOME FORM OF SENTENCE REDUCTION, BUT I'M LOOKING, I FORGET
7 WHICH DOCUMENT IT IS, BUT LET ME FIND IT HERE. THE CASE IN --
8 MS. SCHANSMAN: YOUR HONOR, I'M GOING TO OBJECT. I'D
9 LIKE TO APPROACH THE BENCH IF WE CAN?
10 THE COURT: ALL RIGHT. COME ON UP.
11 (AT THE BENCH)
12 MS. SCHANSMAN: HE IS INTIMATING THERE ARE TWO PLEA
13 AGREEMENTS IN ATLANTA. THEY'RE BOTH FOR THE SAME CASE.
14 MR. O'BRIEN: I DON'T CARE ABOUT THAT. I WASN'T
15 GOING TO ASK HIM ABOUT THAT.
16 MS. SCHANSMAN: OKAY.
17 (IN OPEN COURT.)
18 BY MR. O'BRIEN:
19 Q. MR. MARSHALL, IN CONNECTION WITH YOUR PLEA AGREEMENT IN
20 ATLANTA, HOW MANY COUNTS DID YOU PLEAD TO; DO YOU REMEMBER?
21 A. I KNOW IN FLORIDA IT WAS ONE COUNT. IN ATLANTA I THINK IT
22 MIGHT HAVE BEEN TWO COUNTS. I'M NOT EXACTLY SURE.
23 Q. WELL, THE DOCUMENT THAT CONTAINS YOUR PLEA AGREEMENT, I
24 CAN'T REMEMBER THE NAME OF IT, BUT THE DOCUMENT THAT I HAVE
25 SAYS IN CONNECTION WITH YOUR PLEA AGREEMENT YOU'LL ENTER A PLEA

217
1 AND THEN THE GOVERNMENT WILL MOVE TO DISMISS COUNTS 2 THROUGH
2 70.
3 YOU PLED GUILTY TO ONE COUNT AND IN EXCHANGE FOR YOU
4 HELPING THEM OUT, THEY DISMISSED 69 COUNTS OF CRIMINAL CONDUCT
5 AGAINST YOU?
6 A. THAT WASN'T CRIMINAL CONDUCT. IN THAT PARTICULAR
7 SITUATION THERE WERE LIKE 200 AND SOME ODD CARS WHICH MEANS
8 LIKE YOU SAID EARLIER THERE WAS A LOT OF ACTUAL DEALERSHIPS.
9 SO THEY WERE KIND OF LIKE THE SAME REPETITIVE ACCOUNT BUT
10 INSTEAD OF IT BEING GMAC, IT WAS THIS BANK OR THIS CREDITOR.
11 Q. SO YOU HAD 70 COUNTS ORIGINALLY AGAINST YOU IN THE
12 INDICTMENT AND --
13 MS. SCHANSMAN: YOUR HONOR, I WILL OBJECT. WE NEED
14 TO APPROACH. I APOLOGIZE FOR HAVING TO COME BACK UP THERE.
15 THE COURT: CLARIFY ARE YOU TALKING ABOUT THE ORLANDO
16 CASE?
17 MR. O'BRIEN: NO, I'M TALKING ABOUT THE ATLANTA CASE.
18 MS. SCHANSMAN: THAT'S NOT IN EVIDENCE. THAT'S NOT
19 THE PLEA AGREEMENT.
20 MR. O'BRIEN: LET ASK HIM THEN.
21 BY MR. O'BRIEN:
22 Q. DID YOU HAVE 70 COUNTS AGAINST YOU HERE IN ATLANTA, MR.
23 MARSHALL?
24 A. THIS IS WHAT YOU'RE SAYING, BUT I DON'T HAVE ANYTHING
25 TO -- IF YOU GIVE ME SOMETHING I COULD YES OR NO IT.

218
1 Q. WELL, DO YOU KNOW DID THE GOVERNMENT DISMISS SOME
2 COUNTS IN YOUR --
3 A. YEAH, THERE WAS A LOT OF COUNTS BECAUSE AS I'VE EXPLAINED
4 TO YOU THEY SAID THOSE ACCOUNTS WERE -- WHAT THEY DID WAS
5 INSTEAD OF HAVING AN INDIVIDUAL COUNT WITH FORD AND GMAC AND
6 CITIFIRST FINANCIAL, THEY BROUGHT IT INTO ONE ACCOUNT AND TOOK
7 ALL THAT MONEY AND STUCK ME WITH IT AND SAID I OWE IT.
8 SO MY FINE AND RESTITUTION NOW THAT THEY SAID I HAVE
9 TO START PAYING BACK WHEN I GET OUT IS 2.8 MILLION DOLLARS. SO
10 NONE OF THOSE THINGS GOT DROPPED. THEY CONSOLIDATED THEM AND I
11 HAVE TO STILL PAY BACK 2.8 MILLION SOMETHING, SOMETHING
12 DOLLARS.
13 Q. MR. MARSHALL, WHAT DID YOU PLEAD GUILTY TO IN ATLANTA?
14 A. I PLED GUILTY TO MONEY LAUNDERING.
15 Q. ONE COUNT OF MONEY LAUNDERING?
16 A. CONSPIRACY TO MONEY LAUNDER.
17 Q. AND WHAT DID YOU PLEAD GUILTY TO IN ORLANDO?
18 A. CONSPIRACY TO MONEY LAUNDER AND BANK AND WIRE FRAUD.
19 Q. SO YOU PLED GUILTY TO A COUPLE OF COUNTS INVOLVING
20 FINANCES, MONEY LAUNDERING, BANK FRAUD AND THINGS LIKE THAT,
21 CORRECT?
23 Q. MR. MARSHALL, YOU TESTIFIED TODAY THAT YOU WERE MOVING
24 LIKE 30, 40, 50 KILOGRAMS OF COCAINE A MONTH FOR AN
25 ORGANIZATION AND YOU WEREN'T EVEN REQUIRED TO ENTER A PLEA TO

219
1 ONE COUNT OF DRUG TRAFFICKING?
2 A. WELL, WHAT HAPPENED IS --
3 Q. AS PART OF THE DEAL YOU GOT YOU DIDN'T EVEN HAVE TO OWN UP
4 TO OR STEP UP TO THE PLATE FOR EVEN ONE COUNT INVOLVING
5 COCAINE, MR. MARSHALL?
6 A. WHAT HAPPENED IS THAT IF YOU LOOK AT THE CRIMINAL HISTORY
7 CHART, THE DIFFERENCE IN THE DRUG OFFENSE THAT I WOULD HAVE
8 GOTTEN WOULD HAVE BEEN 39.
9 THE MONEY LAUNDERING BECAUSE OF HOW MUCH WAS INVOLVED
10 AND BECAUSE I GOT FOUR POINTS FOR LEADERSHIP ROLE ENHANCED AND
11 I RECEIVED SIX LEVELS FOR DRUGS BEING THE UNDERLYING OFFENSE,
12 IT WOUND UP BEING LIKE I RECEIVED LIKE A 36.
13 SO THE DIFFERENCE IN THE DRUG OFFENSE AND THE
14 DIFFERENCE IN THE MONEY LAUNDERING OFFENSE "EQUIVALATED" TO
15 ABOUT THREE YEARS, BUT WITH THE MONEY LAUNDERING OFFENSE, I
16 HAVE TO PAY THE MONEY BACK. WITH THE DRUG OFFENSE I WOULDN'T
17 HAVE TO HAVE PAID THE MONEY BACK.
18 Q. MR. MARSHALL, YOUR PLEA AGREEMENT CONTEMPLATES -- YOU SAY
19 YOUR SENTENCE WAS 100 MONTHS?
20 A. THAT'S WHAT I WAS SENTENCED TO.
21 THE COURT: IN ORLANDO OR IN ATLANTA?
22 THE WITNESS: THEY RULED 20'D IT. THEY COMBINED IT.
23 SO THE SENTENCE FOR BOTH OF THEM AT THE SAME TIME WAS EIGHT
24 YEARS.
25 BY MR. O'BRIEN:
220
1 Q. AND YOU KNEW AT THE TIME THAT YOU MADE THE DEAL THAT WITH
2 THE AMOUNT OF DRUGS THAT YOU TALKED ABOUT AND THAT YOU'VE
3 ADMITTED TO, YOU WOULD HAVE BEEN LOOKING AT A POSSIBILITY OF
4 LIFE IN PRISON.
5 YOU KNEW THAT AT THE TIME THAT YOU DECIDED THAT YOU
6 WOULD TELL THESE PEOPLE WHAT YOU TOLD THE JURY TODAY; YOU KNEW
7 THAT, DIDN'T YOU, MR. MARSHALL?
8 A. WELL, NO, BECAUSE WHAT HAPPENED IS THAT -- AND IF YOU LOOK
9 IN YOUR INFORMATION THERE, THEY DIDN'T KNOW THIS. WHEN THEY
10 ASKED ME WHAT WAS THE ACTUAL AMOUNT OF DRUGS THAT I TRAFFICKED,
11 THEY WERE SHOCKED TO FIND OUT. I WAS THE ONE WHO TOLD THEM.
12 THE NUMBER THAT YOU HAVE IS NOWHERE NEAR WHAT IT IS
13 THE ACTUAL NUMBER THAT I HAVE DONE BECAUSE IT'S ALL BASED ON
14 TRUTHFUL TESTIMONY. I TOLD THEM IT WAS 1700.
15 Q. SO, MR. MARSHALL, THE TRUTH OF IT IS THE AMOUNT OF DRUGS
16 THAT YOU WERE INVOLVED IN COULD HAVE CONCEIVABLY YIELDED YOU
17 MULTIPLE LIFE SENTENCES?
18 A. THAT'S NEVER WHAT I WAS CHARGED WITH AGAIN. THERE WAS NOT
19 A SPECK OF DRUGS THAT WAS ACTUALLY CAUGHT IN MY CASE OR FOUND
20 IN MY CASE. THE ONLY THING THAT WAS CAUGHT IN MY CASE IF YOU
21 WERE TO LOOK IT UP IS GOING TO BE 166,000 DOLLARS.
22 THERE WASN'T A CRUMB OF COCAINE THAT THE AGENTS HAD
23 DISCOVERED OR FOUND OR ANYTHING ELSE, BUT IN THE DEBRIEFING
24 SESSION, THEY SAID FROM THE BEGINNING WE NEED TO KNOW IF IT'S
25 ABOUT YOUR BROTHER, IF IT'S ABOUT YOUR EX-WIFE, ANYTHING, IF

221
1 YOU'RE GOING TO SIT DOWN AND TELL US TELL IT ALL. SO I OPENED
2 UP AND THEY SAID WELL HOW MUCH DID YOU TRAFFIC AND I TOLD THEM
3 THE TRUTH 1700.
4 Q. MR. MARSHALL, THE SENTENCE THAT YOU RECEIVED IN ORLANDO
5 COULD HAVE GONE UP TO 20 YEARS, CORRECT?
7 Q. AND THE SENTENCE THAT YOU RECEIVED IN GEORGIA COULD HAVE
8 GONE UP TO 30 YEARS; IS THAT CORRECT?
9 A. I'M NOT EXACTLY SURE ABOUT GEORGIA.
10 Q. IT'S WHAT'S IN YOUR PLEA AGREEMENT, ISN'T IT?
11 A. OKAY.
12 Q. AND IT COULD HAVE RUN CONSECUTIVELY, YOU UNDERSTAND THAT,
13 WHERE YOU COULD HAVE ENDED UP DOING 50 YEARS IN PRISON?
14 A. IF I WENT TO TRIAL.
15 Q. BUT AS A RESULT OF YOUR AGREEING TO TESTIFY FOR THE
16 GOVERNMENT, IT'S NOW BEEN REDUCED DOWN TO EIGHT AND A HALF
17 YEARS; IS THAT CORRECT?
18 A. IT WAS THAT SAME CASE FOR THE SAME ORGANIZATION. SO WHAT
19 THEY SAID WAS THAT WE'RE GOING TO BRING THEM BOTH TOGETHER AND
20 SENTENCE YOU.
21 IT WASN'T LIKE I DID THE ORLANDO STUFF FOR CITIZENS
22 AND I DID THIS STUFF HERE FOR AN INDIVIDUAL. IT WAS ALL DONE
23 FOR THE BMF ORGANIZATION. THAT'S WHY IT WAS -- IT WAS JUST ONE
24 CONGLOMERATE.
25 Q. MR. MARSHALL, DO YOU HAVE FURTHER EXPECTATIONS OF BENEFIT

222
1 OR REWARD FOR YOUR TESTIMONY?
2 A. MOST CERTAINLY, MOST CERTAINLY.
3 Q. SO NOT ONLY DID YOU GET ALL THESE COUNTS DROPPED AND YOU
4 GOT THE WONDERFUL DEAL THAT YOU GOT, BUT YOU'RE EXPECTING A
5 FURTHER REDUCTION IN YOUR SENTENCE BECAUSE OF COOPERATION HERE
6 TODAY HELPING GET MR. FLEMING DANIELS CONVICTED; IS THAT RIGHT,
7 MR. MARSHALL?
8 A. NO, IT'S NOT TO GET HIM CONVICTED. IT'S JUST TO CONTINUE
9 DOING WHAT I AGREED TO. IF I'M CALLED ABOUT SOMETHING AND OVER
10 THE LAST TWO AND A HALF YEARS AND FIVE TO SEVEN STATES THERE
11 HAS NOT BEEN ONE INSTANCE WHERE ANYTHING I'VE SAID HAS BEEN
12 WRONG OR UNTRUTHFUL.
13 SO IT'S NOT ANYTHING TO GET MR. DANIELS CONVICTED.
14 MR. DANIELS UNFORTUNATELY IS A FRIEND OF MINE. I'VE ALWAYS
15 LIKED MR. DANIELS, BUT I JUST HAVE TO DO MY PART AND SPEAK
16 HONESTLY AND TRUTHFULLY ABOUT WHAT'S BEING ASKED OF ME.
17 Q. HONESTLY AND TRUTHFULLY AS YOU DID WITH THE CAR
18 DEALERSHIPS, THE BANKS AND THE OTHER PEOPLE; IS THAT CORRECT,
19 MR. MARSHALL?
20 A. EXCUSE ME.
21 Q. MR. MARSHALL, HOW LONG HAVE YOU BEEN SITTING IN JAIL
22 WAITING TO PRESENT --
23 A. SINCE I WAS ARRESTED AND THAT'S OCTOBER 28TH, 2005.
24 Q. WELL, YOU SEEM LIKE YOU WERE CAPABLE CERTAINLY OF PUTTING
25 TOGETHER A FAIRLY SOPHISTICATED NETWORK OF FRAUD WHERE YOU TOOK

223
1 IN A BUNCH OF BANKS AND CAR DEALERSHIPS AND OTHER FINANCIAL
2 INSTITUTIONS. THAT'S CORRECT, IS IT NOT, MR. MARSHALL?
3 A. THIS IS CORRECT, SIR.
4 Q. YOU'VE HAD A COUPLE OF YEARS TO GO OVER YOUR TESTIMONY?
5 A. EXCUSE ME.
6 Q. YOU'VE HAD A COUPLE OF YEARS TO PREPARE AND GO OVER YOUR
7 TESTIMONY THAT YOU'RE GIVING HERE TODAY; IS THAT CORRECT, MR.
8 MARSHALL?
9 A. THERE'S NO SUCH WAY YOU CAN GO OVER AND PREPARE. I DON'T
10 EVEN KNOW WHAT'S GOING TO BE ASKED. I MEAN I DON'T UNDERSTAND
11 WHAT YOU MEAN.
12 Q. LET ME ASK YOU THIS. DO YOU KNOW THIS FELLOW SITTING OVER
13 HERE?
14 A. THIS GENTLEMAN HERE?
15 Q. YES.
16 A. THIS IS MR. HARVEY.
17 Q. HOW DO YOU KNOW MR. HARVEY?
18 A. WELL, THE VERY FIRST TIME MR. HARVEY AND I MET EACH OTHER
19 WE WERE AT AN AIRPORT AND I WAS COMING BACK FROM ONE OF THE
20 MEETINGS, AND WHEN MR. HARVEY STOPPED ME, HE SAID TO ME I WANT
21 TO SHOW YOU SOME PICTURES AND I WANT TO ASK YOU ABOUT SOME
22 MEMBERS OF THE BMF ORGANIZATION, AND I TOLD HIM I GOT NOTHING
23 TO SAY TO YOU.
24 I SAID, YOU KNOW, THAT'S NOT -- I'M NOT HERE TO TALK
25 ABOUT ANYTHING. I'M NOT GOING TO TALK, AND THEN I SAID I'M
224
1 NOT -- MY EXACT WORDS TO HIM WAS THAT AM I GOING TO BE
2 UNARRESTED. HE SAID NO, YOU'RE DEFINITELY GOING TO BE
3 ARRESTED.
4 I SAID OKAY, LET'S GET IT GOING, AND I CONTACTED MY
5 ATTORNEY AND I SAID THIS IS WHAT IT IS. I TOLD HIM YOU'RE NOT
6 GOING TO ARREST ME FOR TENDERING A FALSE DRIVER'S LICENSE TO
7 CATCH A FLIGHT TO GIVE YOU DEMETRIUS FLENORY, THAT AIN'T
8 HAPPENING, SO TAKE ME TO JAIL. I BELIEVE THAT WAS 2002, YOU
9 KNOW, SO --
10 Q. HOW MANY TIMES HAVE YOU MET WITH MR. HARVEY?
11 A. IT MIGHT HAVE BEEN LATER THAN THAT.
12 I PROBABLY MET WITH MR. HARVEY TWO OR THREE TIMES.
13 Q. HOW MANY TIMES DID YOU MET WITH OTHER AGENTS TO DEBRIEF
14 AND GIVE YOUR STATEMENT?
15 A. I DIDN'T MEET WITH ANY AGENTS UNTIL I GOT ARRESTED.
16 Q. HOW MANY GRAND JURIES HAVE YOU BEEN IN FRONT OF?
17 A. I'VE BEEN IN FRONT OF -- THERE WAS THE GRAND JURY FOR
18 TENNESSEE WHICH THEY PLED GUILTY. THERE WAS A GRAND JURY IN
19 DETROIT WHICH EVERYONE PLED GUILTY, AND I WENT ON TRIAL WITH
20 SOME PEOPLE WHO WORKED WITH ME WHO WAS FOUND GUILTY.
21 Q. YOU WENT ON TRIAL?
22 A. NO, I WAS TESTIFYING IN THE TRIAL IN ORLANDO, AND THOSE
23 PEOPLE WERE FOUND GUILTY.
24 Q. WHEN YOU GO TO TESTIFY, IT SOUNDS LIKE YOU HAVE TESTIFIED
25 FOR THE GOVERNMENT ON A NUMBER OF OCCASIONS --

225
1 A. I WAS INVOLVED IN EVERYTHING FROM THE TOP. WHEN I WAS
2 ARRESTED THEY GAVE ME A LEADERSHIP ROLE WHICH INCREASED MY
3 POINTS DRAMATICALLY BECAUSE THEY SAID, YOU KNOW, ME BEING THE
4 CHIEF FINANCIAL OFFICER --
5 Q. THAT WASN'T MY QUESTION. MY QUESTION WAS, MR. MARSHALL,
6 EACH TIME THAT YOU GO TESTIFY DID YOU HAVE OCCASION TO TALK TO
7 AN AGENT BEFORE YOU TESTIFIED --
8 A. NO, NOT BEFORE YOU TESTIFY.
9 Q. -- TO GO OVER STATEMENTS THAT YOU PREVIOUSLY MADE AND TELL
10 YOU WHAT'S GOING TO BE ASKED OF YOU?
11 A. NO, NOT BEFORE I TESTIFY BECAUSE I AM INCARCERATED.
12 PROBABLY MONTHS BEFORE THEY ASK ME EVERYTHING AND THEY SAY, YOU
13 KNOW, WE MAY NEED YOU TO TESTIFY. SO, FOR EXAMPLE, I MAY TALK
14 TO YOU, SAY YOU'RE THE AGENT I MAY TALK TO YOU IN JANUARY. THE
15 CASE MAY COME UP IN JUNE.
16 AT THAT PARTICULAR POINT I'M BROUGHT OUT OF THE JAIL
17 THAT I'M AT. I'M PUT ON A PLANE AND I'M SENT TO THE LOCATION
18 WHEREVER THE CRIME IS.
19 Q. YOU HAVE THE OCCASION TO TALK TO YOUR LAWYER IN THE
20 INTERIM, DO YOU NOT, MR. MARSHALL?
21 A. MY LAWYER? WE HAD AN AGREEMENT FROM THE BEGINNING WITH
22 MR. SADOW, AND FROM THE VERY FIRST MEETING HE SAID IF YOU'RE
23 GOING TO WORK WITH THESE PEOPLE YOU DON'T NEED ME. HE SAID
24 JUST BE TRUTHFUL, BE STRAIGHTFORWARD.
25 SO I HAVEN'T HAD MR. SADOW WHO IS MY ATTORNEY

226
1 INVOLVED IN ANY OF THESE THINGS FOR ABOUT TWO YEARS NOW.
2 Q. DID YOU TALK TO THE PROSECUTORS IN THIS CASE BEFORE YOU
3 TESTIFIED?
4 A. INITIALLY THEY ASKED ME QUESTIONS ABOUT EVERYTHING.
5 Q. KIND OF WENT OVER YOUR TESTIMONY A LITTLE BIT, DID THEY?
6 A. NO, I DON'T KNOW WHAT YOU MEAN BY GOING OVER YOUR
7 TESTIMONY.
8 Q. YOU JUST SAID THEY TOLD ME WHAT --
9 A. THEY ASKED ME ABOUT DO I KNOW CERTAIN INDIVIDUALS, AND,
10 YES, I DO KNOW THOSE INDIVIDUALS, BUT AS FAR AS MY TESTIMONY,
11 THERE'S NO WAY TO PREPARE FOR WHAT YOU'RE GETTING READY TO ASK
12 ME.
13 Q. WELL, YOU CERTAINLY UNDERSTAND THE SIGNIFICANCE OF YOU
14 TESTIFYING AGAINST MR. DANIELS. THE WAY IT BREAKS DOWN, MR.
15 MARSHALL, IS IF YOU TESTIFY AND MR. MCBURNEY FEELS LIKE YOU'VE
16 TOLD THE TRUTH, HE COULD RECOMMEND TO THE JUDGE OR THE
17 APPROPRIATE SENTENCING JUDGE THAT YOUR SENTENCE BE REDUCED; IS
18 THAT CORRECT?
19 A. YES, THE UNDERSTANDING I HAVE IS THAT I WILL GET
20 CONSIDERATION AS LONG AS -- I CAN GET POSSIBLE CONSIDERATION AS
21 LONG AS WHAT I SAY IS 100 PERCENT THE TRUTH.
22 Q. AND WHO DETERMINES THE TRUTH, MR. MARSHALL?
23 A. EXCUSE ME?
24 Q. MR. MCBURNEY DETERMINES IF IT'S TRUTHFUL OF NOT, DOESN'T
25 HE?
227
1 A. I DON'T KNOW. I KNOW THAT IF I DON'T -- IF I MISS -- IF
2 ONE WORD IS NOT THE TRUTH THEN ANYTHING I'VE EVER DONE I CAN BE
3 CHARGED PENALTY WISE.
4 MR. O'BRIEN: THANK YOU, MR. MARSHALL.
5 THE COURT: SHALL THE WITNESS BE EXCUSED?
6 MS. SCHANSMAN: JUST REALLY SHORT.
7 THE COURT: IF IT'S REALLY SHORT.
8 MS. SCHANSMAN: I PROMISE.
9 THE COURT: BECAUSE IT IS AFTER FIVE O'CLOCK.
10 MS. SCHANSMAN: YES, MA'AM.
13 Q. NOW MR. O'BRIEN TALKED TO YOU ABOUT YOUR COOPERATION AND
14 THE BENEFIT THAT YOU GET. WHAT ARE SOME OF THE DANGERS OF
15 COOPERATING IN A CASE LIKE THIS?
16 A. WELL, THERE HAS BEEN RAZOR BLADES PUT IN MY FOOD. THERE
17 WAS ANOTHER CASE WHERE I WAS IN DETROIT AND THERE WAS AN ATTACK
18 PUT ON MY LIFE.
19 BECAUSE THE ORGANIZATION IS SO LARGE, YOU KNOW,
20 YOU'RE CONSTANTLY KEPT IN A SITUATION LIKE IN THE PLACE WHERE
21 I'M BEING HOUSED NOW, IT'S 23 HOURS LOCKDOWN, AND THEN YOU'RE
22 LOCKED DOWN 24 HOURS ON THE WEEKENDS, AND YOU'RE TRAVELING FROM
23 PLACE TO PLACE AND YOU'RE HELD INSIDE THE FACILITIES WHERE YOU
24 DON'T GET TO SEE YOUR KIDS. I MAY GO TWO YEARS, 18 MONTHS AND
25 DON'T SEE YOUR KIDS. SO, YOU KNOW, IT AIN'T ALL CRACKED UP
228
1 WHAT IT'S SUPPOSED TO BE.
2 Q. SO YOU'RE NOT ACTUALLY IN WITH THE GENERAL POPULATION OF
3 THE JAIL?
4 A. NO.
5 Q. NOW, MR. O'BRIEN ASKED YOU ABOUT WHEN YOU HAD OBSERVED
6 ABOUT 2 MILLION DOLLARS BEING COUNTED AT BELL AIR LAKE ROAD
7 WHICH I BELIEVE THAT'S THE GATE, IS IT?
8 A. BELLAIRE LAKE ROAD WOULD BE THE WHITE HOUSE.
9 Q. AND YOU OBSERVED 2 MILLION DOLLARS BEING COUNTED. WHOSE
10 MONEY WAS THAT 2 MILLION DOLLARS?
11 A. TERRY FLENORY'S.
12 Q. DID THAT HAVE ANYTHING TO DO WITH MEECH OR MR. DEMETRIUS
13 FLENORY?
14 A. AT THAT TIME THEY WERE BROTHERS. SO THEY WERE SENDING THE
15 MONEY TOGETHER UP THE ROAD.
16 Q. OKAY. DID FLEMING DANIELS -- WHICH SIDE OF THE
17 ORGANIZATION DID HE WORK FOR?
18 A. DEMETRIUS FLENORY.
19 Q. DID HE EVER WORK FOR TERRY OR TEE?
20 A. NOT THAT I CAN RECALL.
21 Q. NOW, YOU MENTIONED BRIEFLY ON CROSS-EXAMINATION ABOUT THE
22 INFORMATION THAT YOU PROVIDED TO THE GOVERNMENT AND THAT
23 INITIALLY THEY DIDN'T HAVE ALL THIS INFORMATION?
24 A. CORRECT.
25 Q. THERE'S ACTUALLY A SECTION WITHIN GOVERNMENT'S EXHIBIT

229
1 NUMBER 27. IT'S CALLED THE SECTION 1B1.8 PROTECTION. DO YOU
2 UNDERSTAND WHAT THAT IS?
3 A. NO. WHAT PAGE IS THAT?
4 Q. THAT WOULD BE ON PAGE 5 OF YOUR NORTHERN DISTRICT OF
5 GEORGIA PLEA AGREEMENT.
6 A. OKAY.
7 Q. CAN YOU JUST READ THAT FIRST SENTENCE THERE FOR ME?
8 A. NUMBER 11?
9 Q. YES.
10 A. IT SAYS PURSUANT TO SECTION 1B1.8 OF THE SENTENCING
11 GUIDELINES, THE GOVERNMENT AGREES THAT ANY SELF-INCRIMINATION
12 INFORMATION THAT WAS PREVIOUSLY UNKNOWN TO THE GOVERNMENT AND
13 IS PROVIDED TO THE GOVERNMENT BY THE DEFENDANT IN CONNECTION
14 WITH HIS COOPERATION AND AS A RESULT OF HIS PLEA AGREEMENT WILL
15 NOT BE USED IN DETERMINING THE APPLICABLE SENTENCING GUIDELINE.
16 I REMEMBER WHEN HE TOLD ME THAT. HE SAID TO BE
17 TRUTHFUL AND HONEST ABOUT THAT.
18 Q. SO BASICALLY THE FIRST TIME THAT YOU MEET WITH THE
19 GOVERNMENT, THEY HAVE A CERTAIN AMOUNT OF INFORMATION. WHAT
20 WERE YOU CHARGED WITH AT THAT POINT IN TIME?
21 A. FIVE KILOS OR MORE CONSPIRACY.
22 Q. AND DID THEY KNOW ANYTHING ABOUT THE MAGNITUDE OF THE
23 DRUGS THAT YOU WERE DEALING WITH?
24 A. ABSOLUTELY NOT. IT WAS AGENT ANDERSON SAID THAT WAS THE
25 REASON WHY THEY CHOSE TO USE ME MORE BECAUSE I GAVE MORE ABOUT
230
1 MYSELF THAN THEY HAD EVEN KNOWN.
2 THE COURT: IS THAT IT?
3 MS. SCHANSMAN: THAT'S IT. THANK YOU, YOUR HONOR.
4 MR. O'BRIEN: VERY BRIEF.
5 THE COURT: HOW LONG?
6 MR. O'BRIEN: ONE MINUTE.
7 THE COURT: OKAY.
8 RECROSS-EXAMINATION
9 BY MR. O'BRIEN:
10 Q. YOU WERE CHARGED WITH MORE THAN POSSESSION OR DISTRIBUTION
11 OF MORE THAN FIVE KILOGRAMS OF COCAINE WHICH
12 COULD CONCEIVABLY --
13 A. CONSPIRACY, NOT POSSESSION.
14 Q. -- CARRY UP TO A LIFE SENTENCE?
15 A. IT WAS CONSPIRACY.
16 Q. THAT'S GONE AWAY, TOO, RIGHT?
17 A. I WOUND UP PLEADING TO THE MONEY LAUNDERING.
18 Q. SECOND THING IS YOU SAY THAT YOU'VE BEEN SUBJECTED TO
19 ABUSE AND RAZOR BLADES IN YOUR FOOD AND THINGS LIKE THAT --
20 A. CORRECT.
21 Q. -- CAN'T SEE YOUR KIDS.
22 IT SEEMS TO ME THAT A FELLOW SUBJECTED TO THAT WOULD
23 BASICALLY DO ANYTHING HE COULD TO GET OUT OF THAT SITUATION; IS
24 THAT RIGHT?
25 A. THAT'S WHY YOU BETTER TELL THE TRUTH.

231
1 MR. O'BRIEN: OKAY. THANK YOU.
2 THE COURT: YOU CAN STEP DOWN, SIR. YOU'RE EXCUSED.
3 MEMBERS OF THE JURY, YOU ARE EXCUSED FOR THE
4 EVENING. HAVE A NICE EVENING. REMEMBER NOT TO DISCUSS THE
5 CASE. I'LL SEE YOU AT 9:30 TOMORROW MORNING.
6 I'D LIKE FOR COUNSEL TO REMAIN FOR JUST A MINUTE.
7 (JURY RETIRED)
8 THE COURT: I'M JUST CURIOUS TO KNOW WHO WAS THE
9 SENTENCING JUDGE HERE IN ATLANTA?
10 MR. MCBURNEY: THERE WASN'T. IT WAS A JUDGE CAMP
11 CASE, BUT BECAUSE OF THE RULE 20, IT WAS A JUDGE IN THE MIDDLE
12 DISTRICT OF FLORIDA.
13 THE COURT: I THOUGHT HE WAS SAYING THE CASE WAS RULE
14 20'D FROM DOWN THERE UP TO HERE.
15 MR. MCBURNEY: NO, MA'AM. EVERYTHING WAS
16 CONSOLIDATED IN ORLANDO. UP HERE WAS SIMPLY, I SAY SIMPLY, THE
17 BIG AUTO FRAUD EXQUISITE EMPIRE WHICH WAS INTIMATELY
18 INTERRELATED WITH WHAT WAS GOING ON IN ORLANDO. SO EVERYTHING
19 WAS CONSOLIDATED THERE FOR THAT JUDGE.
20 THE COURT: ALL RIGHT. THAT ANSWERS MY QUESTION.
21 STARTING IN THE MORNING I'M GOING TO BE A LOT STRICTER ABOUT
22 THIS REDIRECT, RECROSS, REDIRECT STUFF. I THINK WE'VE GOTTEN
23 OFF ON A BAD FOOTING THERE.
24 MR. MCBURNEY: WE ALSO HAD -- I HEAR YOU. WE HAD TWO
25 OF OUR LONGER WITNESSES TODAY, THE GOVERNMENT'S WITNESSES.

232
1 MOST OF OUR REMAINING WITNESSES SHOULD BE MORE LIKE DETECTIVE
2 MOODY. SO IN TERMS OF ESTIMATING THE TIME, I THINK WE'VE
3 CLEARED A FAIRLY SIGNIFICANT HUMP.
4 THE COURT: ALL RIGHT. I'LL SEE YOU TOMORROW
5 MORNING.
6 (PROCEEDINGS ADJOURNED)
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
233
1 INDEX
3 JOHN F. HARVEY
DIRECT EXAMINATION
4 BY MR. MCBURNEY: ........................................... 32
CROSS-EXAMINATION
5 BY MR. O'BRIEN: ............................................ 80
REDIRECT EXAMINATION
6 BY MR. MCBURNEY:........................................... 109
RECROSS-EXAMINATION
7 BY MR. O'BRIEN: ........................................... 121
8 APRIL MOODY
DIRECT EXAMINATION
9 BY MS. SCHANSMAN: ......................................... 127
CROSS-EXAMINATION
10 BY MR. O'BRIEN: ........................................... 142
11 BY MS. SCHANSMAN:.......................................... 145
12 WILLIAM MARSHALL
DIRECT EXAMINATION
13 BY MS. SCHANSMAN: ......................................... 146
CROSS-EXAMINATION
14 BY MR. O'BRIEN: ........................................... 192
15 BY MS. SCHANSMAN:.......................................... 227
RECROSS-EXAMINATION
16 BY MR. O'BRIEN:............................................ 230
17
18
19
20
21
22
23
24
25
2 C-E-R-T-I-F-I-C-A-T-E
4 UNITED STATES OF AMERICA
5 NORTHERN DISTRICT OF GEORGIA
7 I, ANDRE G. ASHLEY, DO HEREBY CERTIFY THAT I AM A
8 U.S. DISTRICT REPORTER FOR THE NORTHERN DISTRICT OF GEORGIA,
9 THAT I REPORTED THE FOREGOING AND THE SAME IS A TRUE AND
10 ACCURATE TRANSCRIPTION OF MY MACHINE SHORTHAND NOTES AS TAKEN
11 AFORESAID.
12 IN TESTIMONY WHEREOF I HAVE HEREUNTO SET MY HAND ON
13 THIS 5TH DAY OF FEBRUARY, 2009.
14
15
16
17
18
19 ANDRE G. ASHLEY
OFFICIAL COURT REPORTER
20 NORTHERN DISTRICT OF GEORGIA
21
22
23
24
25

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Case 1:07-cr-00233-ODE-RGV Document 495 Filed 03/23/2009 Page 1 of 234

1 UNITED STATES DISTRICT COURT

14 FOR THE GOVERNMENT: ROBERT C. MCBURNEY

18 COURT REPORTER: ANDY ASHLEY

22 PROCEEDINGS RECORDED BY MECHANICAL STENOGRAPHY, TRANSCRIPT

2 (ATLANTA, FULTON COUNTY, GEORGIA; JUNE 11, 2008

4 (A JURY WAS SELECTED JUNE 10, 2008.)

5 THE COURT: GOOD MORNING. ALL RIGHT, COUNSEL, ARE

7 MR. MCBURNEY: YES, JUDGE.

8 MR. O'BRIEN: WE'RE READY, MA'AM.

9 THE COURT: ARE YOU READY THEN TO PROCEED ON TO THE

11 MR. MCBURNEY: YES.

12 MR. O'BRIEN: YES, MA'AM. DO YOU CUSTOMARILY GIVE AN

13 OPENING CHARGE TO THE JURY?

14 THE COURT: I USUALLY DON'T UNLESS IT'S A VERY

16 MR. O'BRIEN: OKAY.

18 THE COURT: GOOD MORNING, LADIES AND GENTLEMEN.

19 WOULD YOU SWEAR THE JURY PLEASE.

21 THE COURT: MEMBERS OF THE JURY, WE'RE READY NOW TO

22 BEGIN WITH THE OPENING STATEMENTS OF COUNSEL, AND THE

23 GOVERNMENT HAS THE FIRST OPENING STATEMENT.

25 MR. MCBURNEY: THANK YOU, JUDGE. GOOD MORNING. IN

1 CASE YOU'VE ALREADY FORGOTTEN, I'M ROBERT MCBURNEY. THIS IS

2 CASSANDRA SCHANSMAN, COCOUNSEL, MY PARTNER, AND THIS IS SPECIAL

3 AGENT JACK HARVEY.

4 THE PURPOSE OF THE OPENING STATEMENT IS TO BEGIN TO

5 ANSWER QUESTIONS YOU ALL MAY HAVE. WHY AM I HERE? WHAT IS

6 DEFENDANT DANIELS CHARGED WITH? HOW IS THE GOVERNMENT GOING TO

7 PROVE ITS CASE? WHAT IS THE EVIDENCE?

8 ONE OF THE INTERESTING THINGS ABOUT THE AMERICAN

9 JUSTICE SYSTEM IS THAT ESPECIALLY THE LAWYERS WHO ALREADY HAVE

10 ALL THE INFORMATION WHO GET TO ASK THE QUESTIONS OF THE

11 WITNESSES. YOU DON'T GET TO ASK ANY QUESTIONS. THERE WON'T BE

13 OKAY, JURORS, DO YOU HAVE ANY QUESTIONS OF THIS WITNESS.

16 DON'T GET TO ASK ANY QUESTIONS. THE GOVERNMENT WILL CALL

17 WITNESSES AND WE'LL ASK QUESTIONS OF THOSE WITNESS. WE'VE MET

18 THOSE WITNESSES BEFORE AND WE HAVE A ROUGH IDEA OF WHAT THEY'RE

20 MR. O'BRIEN HAS A ROUGH IDEA OF WHAT THEY'RE GOING TO

23 AGAINST MR. DANIELS BY ASKING QUESTIONS ON YOUR BEHALF.

24 WHAT I WANT TO DO DURING THIS OPENING IS START TO

1 IS DEFENDANT DANIELS CHARGED WITH, WHAT IS THE EVIDENCE THAT

3 GOVERNMENT SHARE THAT EVIDENCE WITH YOU.

4 I HAVE SOME SLIDES HERE THAT WILL GUIDE US ALONG IF

5 WE CAN MAKE THIS WORK. TECHNOLOGY IS ALWAYS A BIT OF A GAMBLE

6 HERE, BUT WE'LL SEE IF WE CAN GET IT GOING.

7 DEFENDANT DANIELS IS CHARGED IN THE INDICTMENT, AND

8 YOU WILL GET A COPY OF THE INDICTMENT AT THE END OF THE

9 PROCEEDINGS, WITH TWO THINGS. HE'S CHARGED IN TWO COUNTS. THE

10 FIRST COUNT HE'S CHARGED IN IS A COCAINE DISTRIBUTION

12 WHAT THAT MEANS IS THAT THE GOVERNMENT HAS ALLEGED

14 A PURPOSE, AND ITS PURPOSE WAS TO DISTRIBUTE COCAINE.

16 TRANSPORT. IT MEANS MOVING THE DRUGS IN SOME WAY FROM A TO B.

18 ALL THESE THINGS HAPPENING.

19 BUT WHAT'S NOT PART OF THE COCAINE CONSPIRACY

20 ALLEGATION IS THAT DEFENDANT DANIELS HAD TO TOUCH THE DRUGS.

21 THAT HE IN FACT HAD TO DISTRIBUTE THEM. YOU ARE PART OF THE

22 CONSPIRACY IF YOU'RE PART OF THAT GROUP, AND THE EVIDENCE

23 YOU'RE GOING TO HEAR DURING THE COURSE OF THIS TRIAL IS THAT

24 WHILE THERE ARE A FEW INSTANCES IN WHICH DEFENDANT DANIELS DID

1 UNLOADED THE TRAP VEHICLE THAT ARRIVED WITH 150 KILOS OF

2 COCAINE, BRICKS OF COCAINE.

3 I'LL ALSO HELP WITH SOME TERMINOLOGY DURING THE

4 OPENING. MOST OF THE WITNESSES WHO WILL BE TALKING TO YOU WHO